Version 1.1 as of April 1, 2022
The previous version (v.1.0) hereof is available here.
The user shall read the Terms before the use of the Website; in the case of disagreement with any of the terms hereof, the user shall not use the Website, related materials, or any other materials which support the running of the Website and shall leave the Website and immediately stop using the Platform and any related materials.
Compliance with the Terms, as well as all their appendices, is obligatory throughout the entire time of the use of the Website and Platform, including use of the Influ2’s services (the “Services”) as it outlined in the relevant Purchase Order (the “PO”) and Influ2 Terms of Services whether placed on the Website or signed by Influ2 and the Client by hand (the “Agreement”), etc. The user shall be deemed to have agreed to the Terms and all appendices hereto, as well as to accept them as binding on the user, in the event of at least one of the following circumstances:
the user opens or accesses the Website through any browser and from any device;
the user views the Website;
the user fills in the registration form;
the user creates an account;
the user schedule a demo; or
the user contacts us through the Website and Platform or through contacts posted on the Website and Platform or obtained through interaction with us.
Termination of the Subscription Term, PO, or Agreement, as well as the termination of the use of the Website (in the event of assuming obligations under the Terms), does not automatically terminate the Terms unless otherwise set forth in our notification. The termination terms hereof are outlined by article 5 hereof.
Without prejudice to the provisions of the preamble of the Terms, and in addition to them, we may, at our own discretion, from time to time additionally request the user’s consent to certain provisions, which shall not mean replacement of any provision hereof.
PLEASE NOTE THAT ARTICLE 6 HEREOF CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THE TERMS, THE USER AGREES (A) TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT THE USER WAIVES ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) THAT THE USER WAIVE THE USER’S RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. THE USER HAS THE RIGHT TO OPT OUT OF ARBITRATION, AS EXPLAINED IN ARTICLE 6 HEREOF.
1.1. Only a legally capable person who has reached the age of 18 or the age of majority in their jurisdiction(whichever is greater) may be the user. Once the user uses the Website, Platform, or the information materials, the user confirms and warrants that the user has full legal capacity and has reached the age of 18 or the age of majority in the user’s jurisdiction (whichever is greater).
1.2. To provide a better service and optimize the use of the Website and Platform, we differentiate when the user uses the Website and Platform as the user and Client. To avoid any doubts:
a. The user is a person, whether acting on their own behalf or representing an entity who accesses and uses the Website as an average explorer of the Internet, with primarily informational purpose;
b. The Client is a person or entity, whether represented by themselves or other person or entity who orders or uses (whether now or in the past) the Services of Influ2, executed the relevant PO with Influ2, entered into the Agreement, and is granted with access to the Platform;
c. The user does not lose the “user” status by being the Client; accordingly, all the terms applied to the user are automatically applied to the Client if otherwise is not provided by the relevant PO or the Agreement.
1.3. The Website is a part of a software internet system, which allows the user to get basic access to discover the web resource and decide whether to order the Services from Influ2, contact us, etc.; this part of the web resource is available for use by both the users and Clients. The Platform is a special environment within the Website that contains advanced functionality that allows the user to enjoy all the benefits of the Website and use the Influ2’s Services as outlined in the Agreement. Only Clients may use the Platform.
1.4. The user may use the Website only to:
a. Access the Website with informational purposes; b. Apply to create an account; c. Contact us; d. Read legal documents posted on the Website; and e. Schedule a demo.
1.5. The Client may use the Platform only to:
a. Use features of the Website; b. Create an account; c. Apply for the Services as outlined in the Agreement; d. Use the Services; as well as e. Perform other actions permitted by the Agreement and the Terms.
1.7. Related materials, related information materials, and materials supporting the running of the Website or Platform (the “information materials”) are any information posted on the Website or Platform, including but not limited to the following: computer code, any texts, and images, audiovisual works, audio tracks, separate sounds, animated images, analytical information, any logos, videos, etc.
2.1. Since the Website, Platform and all its components, including the information materials posted on the Website or Platform, are intellectual property created and/or owned by us and that we have the right to use it, the user acknowledges such circumstances and accepts the following conditions of use of the Website and Platform:
a. The Website, Platform, and their content, including the information materials, their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, and other materials, are protected under copyright, trademark, and other intellectual property laws;
b. Influ2, its licensors (if any) own all right, title, and interest in and to the Website and Platform (including any and all intellectual property rights therein), and the user agree not to take any action(s) inconsistent with such ownership interests;
c. The Influ2 name, Influ2 terms, and all related names, logos, product and service names, designs, and slogans are business names of Influ2 or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services or Website and Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us;
d. We provide the user with a personal, non-exclusive, non-assignable, non-sublicensable,non-transferable, limited by means of use license to access and use the Website during the term of the Terms in accordance with the available functionality, which can be revoked by us at any time without any prior notification. This license has the sole purpose of enabling the user to use and enjoy the Website in the manner permitted by these Terms and subject to the use restrictions described hereunder;
e. As a portion of the Services and subject to the user’s timely payment of the Service Fee, Influ2 grants to the Client, its authorized employees, agents, and independent contractors a personal, non-exclusive, non-assignable, non-sublicensable, non-transferable limited by means of use license to access and use the Platform during the Subscription Term and solely for the Client’s business operations in the manner permitted hereby and by the Agreement, and subject to the use restrictions described hereunder. Any other use of the Platform and Services by the Client or any person/entity is strictly forbidden and is a violation of the Agreement unless otherwise directly agreed by the Parties;
f. The foregoing licenses and the user’s rights to use informational materials are limited by the terms of the Terms and Agreement. Any provisions and rights that are not clearly provided by the Terms or Agreement are considered unforeseen and non-granted to the user. Neither the Terms nor the Agreement contains implied rights, terms, or provisions;
g. The user may use the Website, Platform, and the information materials posted there solely for personal non-commercial purposes and only in accordance with the Terms, within the functionality of the Website, unless otherwise is provided by the Agreement;
h. The user shall not recreate, duplicate, copy, sell or resell, as well as use for commercial purposes the Website and any information materials posted on the Website or Platform unless we give the user the written permission or otherwise is provided by the Agreement;
i. The user is not allowed to use any of the informational materials or the Website or Platform “look and feel” outside of the Website and Platform;
j. The Website and Platform may require additional resources or permissions for proper functioning, for example, access to the Internet, to internal data storage of the user’s devices, the ability to send notifications to the browser, etc.; and
k. We are not responsible for any relationship between the user and third parties, as well as for the results of the use of the Website or Platform.
2.2. The user acknowledges the circumstances and undertakes to adhere to the following restrictions:
a. When using the Website or Platform, the user shall not use any mechanisms, software, or scripts that directly or indirectly interact with the Website and Platform, and access to which was not provided to the user in accordance with the Terms, Agreement, or our direct permission;
b. The user shall not infringe on the electronic integrity of, duplicate, decompile, reverse engineer, disassemble or decode the Website and Platform, try to overcome the protection of the Website and Platform in any way, and distribute malicious software that can harm us, the Website and Platform or other users, or attempt to do any of the same;
c. The user shall not use the Website and Platform in any manner that could disable, overburden, damage, disrupt or impair the Website and Platform or interfere with any other party’s use of the Website and Platform or use any device, software, or routine that causes the same;
d. The user shall not share any information, including messages, elements of the Website, Platform or the information materials, both on our behalf and on his own behalf;
e. The user shall not in any way share any information obtained on the Website and Platform, except through the relevant mechanisms of the Website and Platform;
f. The user shall not create any technical obstacles in the functioning of the Website and Platform or duplicate the actions of the Website and Platform in any way;
g. The user shall not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Website and Platform or any their portions;
h. The user shall not use any robot, spider, crawlers, or other automatic devices, process, software, or queries those intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Website and Platform, or engage in any manual process to do the same;
i. The user shall not use the Website and Platform for illegal, harassing, unethical, or disruptive purposes; and
j. The user shall not violate any applicable law or regulation in connection with the user’s use of the Website and Platform.
2.3. Influ2 welcomes feedback, comments, and suggestions for improvements to the Website and Platform and Services (the “Feedback”). The user acknowledges and expressly agrees that any contribution of Feedback does not and shall not specially give or grant the user any right, title, or interest in the Website and Platform, Services, or in any such Feedback. All Feedback becomes the sole and exclusive property of Influ2, and we may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to the user and without retention by the user of any proprietary or other right or claim. The user hereby assigns to Influ2 any and all right, title, and interest (including, but not limited to, any copyright, trade secret, know-how, moral rights, and any and all other intellectual property rights to the maximum extent permitted by applicable law) that the user may have in and to any and all Feedback.
3.1. Neither these Terms nor the Agreement themselves is a public or private offer to users or third parties to join Agreement or enter into a relationship with Influ2 other than trial access to the Website.
3.2. The user who desires to become the Client, order the Services from Influ2, and use the Platform shall contact Influ2 and apply for an account. In accordance with section 3.1 hereof, neither reaching us out nor filing an application for registration means automatic registration or obtaining the status of the Client, as well as Influ2’s obligation to perform Services. We, at our sole discretion, decide where to approve the application on a case-by-case basis.
3.3. The user acknowledges circumstances and accepts the following registration rules:
a. We reserve the right to decline registration without giving any reason;
b. When registering, the user is obliged to indicate only reliable data about their identity and not to use third-party data without the permission of those persons;
c. The user’s data as email address, telephone number, or other contact details shall be unique. This means that no user has ever used such data for registration. The email address shall be placed on a corporate domain name;
d. The user is obliged to keep up to date all the data specified by the user during registration or specified in the account while using the Website and Platform. The user is solely responsible and bears all the risks associated with the indication of incorrect or irrelevant data;
e. During the registration, the user chooses a password for authorization. The password shall be secure and exclude third parties from accessing the user’s account. The user is solely responsible for the reliability of the password, its storage, and inaccessibility to third parties. We do not bear any responsibility for the use of the user’s credentials by any third parties;
f. All actions performed with the user’s account are deemed to be performed by the user;
g. We reserve the right to verify any data provided by the user when registering and using the Website and Platform, as well as the user’s identity.
3.4. The provision of inaccurate/false information during registration or use of the Website and Platform may affect the quality of use of the Website and Platform and the Services and be a reason for refusing to register an account/blocking it.
3.5. The user is solely responsible for preserving the details of access to the account, including the ways of backing up access to the account. Account credentials shall be reliable. We do not have access to the user’s access details, and we are not responsible for third parties’ access to such details.
3.6. The user shall not use the Website and Platform or the information materials before they reach full legal capacity/necessary scope of authorization, as well as use other user’s credentials.
3.8. This section is applied to users from the USA only. By giving us the contact details, the user gives us consent to receive messages, mailings, advertisements, and promotional materials via email, SMS, or other means. The following rules apply to sending messages:
a. Messages can be of two types: (a) non-commercial, related to the fulfillment of the Agreement, the Terms, or the exercising of our or the user’s obligations (basically, this is information about the main stages of our cooperation); and (b) commercial (related to special offers);
b. If we send the user SMS:
the approximate number of messages can reach 50 messages per month but can be increased owing to the scope of ordered Services;
to stop receiving SMS, it shall be enough to send “STOP” to the number from which the messaging started, or “STOP-SMS” to email@example.com , but the user shall indicate the mobile number of recipients;
c. If we send the user emails:
all our automatically generated emails shall include the sender’s contact information (website name, contact phone number, other information required by applicable law), as well as an unsubscribe button;
our commercial (advertising) messages shall always be marked as advertising;
contact information of the sender shall be available for 30 days or more from the date of the mailing;
all complaints about subscriptions, as well as responses to advertising mailings, shall be processed without prolonged unreasonable delays;
any feedback, complaints, requests to stop mailing and unsubscribe from mailings shall be processed free of charge;
d. If the user decides to unsubscribe from mailings or other messages without reference to the content of the message, the user shall send us a notification to firstname.lastname@example.org. Upon receipt of such notice, we shall cease mailing. Also, the user can unsubscribe from the newsletters and messages the user receives through the user’s account settings.
4.1. We provide the user with access to the Website and Platform in accordance with the principles “as is” and “as available”. This means that we cannot guarantee (and we do not guarantee) that access to the Website and Platform shall be uninterrupted, timely, and the Website and Platform shall not contain errors. We cannot guarantee that the Website and Platform shall function properly on all devices and under all special conditions. However, we shall make every reasonable effort to ensure the proper functioning of the Website and Platform.
4.3. To the extent permitted by law, in no case we and any other our affiliate persons (employees, contractors, shareholders, agents, representatives, referrals, partners, advertising, promotional agencies, and other agencies providing other services, any other representatives and legal advisers) are not responsible for any inaccuracies or omissions in information materials and any special, indirect and other damages, lost profits caused or in any way related to the use or inability to use the Website and Platform or the information materials, any harm, damage, demands, and other actions that may occur at any stage of using the Website and Platform, in particular:
a. Breakdown or any suspension of the functioning of the telephone line, equipment, software, Internet, information network, email services, etc.;
b. Unsuccessful, incomplete, falsified, and untimely computer transmissions or mailings;
c. Any actions taken outside our control;
d. Any damage, loss, or harm arising from the use of the Website and Platform;
e. Typographical errors in any materials provided through the Website and Platform.
4.4. We are not also responsible, including, but not limited to, for the following cases:
a. If the user does not achieve the expected result using our Website and Platform;
c. If the user experiences any difficulties while using the Website and Platform.
4.5. The user clearly understands and agrees that the user is solely responsible for the truthfulness and accuracy of the information the user publishes on the Website and Platform, distribute in the course of the Services, as well as for the use of the Website and Platform and the information materials. The user takes full responsibility for any expenses and commissions when using the Website and Platform.
4.6. The user agrees to protect, indemnify, and ensure the safety as well as hold harmless us and our affiliates against any claims, lawsuits, or statements, including the payment to legal advisers if this arises from the user’s use of the Website and Platform, the user’s violation or non-compliance with the terms of the Agreement, Terms, violation of third-party rights and any other the user’s actions or inaction.
4.7. We and any of our affiliates (employees, contractors, shareholders, agents, representatives, partners, advertising, promotional agencies, and other agencies providing other services, any other representatives, and legal advisers) are not responsible for any unethical, unauthorized, illegal, or unlawful use of the Website and Platform. This includes lawsuits, unfair advertising, loss of position/reputation or monetary compensation, resignation, termination of cooperation, and any other disciplinary and legal consequences. The user takes full responsibility for any disciplinary and legal consequences arising from the illegal, unethical, and/or infringing use of the Website and Platform.
5.1. The Terms are valid until the user, or we terminate our cooperation. Nevertheless, we reserve the right, without any notice and at our sole discretion, to terminate the Terms, suspend or terminate the user’s right to access the Website and Platform or its individual sections/the information materials, or suspend/terminate the user’s account (block or freeze). The Terms may also be terminated by us if the user violates any terms hereof or any of its integral parts.
5.2. The user may terminate the agreement by notifying us ten (10) calendar days prior to the planned termination date via email at email@example.com, or by deleting the user’s account using the Platform (if the Platform’s version supports this feature).
5.3. Once the Terms is terminated, the user’s access to the Website and Platform is limited, and the user’s account shall be deactivated. If, after termination, the user continues to use the Website as a user or initiates a re-registration, this shall mean that the user has agreed to the terms of the Terms again and a contractual relationship has arisen. Where stipulated by the Terms of Agreement, the user may be prohibited from using the Website and Platform.
5.4. To avoid any doubts, the following termination rules shall apply:
a. Termination of these Terms means termination of the user’s access to the Website and Platform with regard to the rule outlined in section 5.3;
b. Termination of these Terms does not automatically lead to termination of the Agreement, PO, or the Subscription Term;
c. Expiration of the Agreement, PO, or the Subscription Term leads to termination of access to the features of the Platform. Nevertheless, the user may use the Website as the user then. Moreover, the user does not lose the user’s access to the account and the data stored therein. If the user wishes to terminate the user’s account and delete all the data, please contact us at firstname.lastname@example.org or the user’s personal Influ2 manager;
d. Termination of the Agreement, PO, or the Subscription Term owing to the user’s violation of any provision thereof may lead to termination of the user’s access to the Website and Platform.
6.1. PLEASE READ THIS ARTICLE CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION FOR RESIDENTS OF THE US.
6.2. Influ2 desires to address the user’s concerns without resorting to formal legal proceedings. Before filing a claim, the user agrees to try to resolve the dispute informally by contacting Influ2 first through email@example.com or via a respective customer success manager.
6.3. The user and Influ2 agree that any judicial proceeding to resolve claims relating to these Terms, the Website, and Platform shall be brought in the federal or state courts located in New York, NY, USA, subject to the mandatory arbitration provisions below. The user and Influ2 consent to venue and personal jurisdiction in such courts. Notwithstanding the above, the user and Influ2 agree that the user alternatively may attend any arbitration proceedings telephonically or videographically, in which case Influ2 shall do so as well.
6.4. US RESIDENTS ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER:
a. The user and Influ2 agree to resolve any claims relating to these Terms, the Website and Platform through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below;
b. The American Arbitration Association (“AAA”) (https://www.adr.org) shall administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes ( https://www.adr.org/sites/default/files/commercial_rules.pdf ). The arbitration shall be held in the United States in accordance with the venue specified in section 6.3;
c. The AAA rules shall govern the payment of all arbitration fees. Influ2 shall pay all arbitration fees for the user on a prepay plan. Influ2 shall not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that the user’s claim is frivolous;
d. Either the user or Influ2 may assert claims, if they qualify, in a small claims court in New York, NY, USA. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website and Platform or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. The arbitration shall not be binding with regards to the Influ2 content and materials at Influ2’s sole discretion. If the agreement to arbitrate is found not to apply to the user or the user’s claim, the user agrees to the exclusive jurisdiction of the state and federal courts located in New York, NY, USA, to resolve the user’s claim;
e. The user can decline this agreement to arbitrate by sending an email within thirty (30) days of first accepting these Terms to firstname.lastname@example.org clearly stating the user’s wishes to opt-out of arbitration with Influ2 and include the user’s first and last name, the company for which the account was created, and the email address associated with the account;
f. Both parties agree to resolve any disputes, claims, or controversies on an individual basis, and that any claims arising out of, relating to, or in connection with these Terms (such as with respect to their validity or enforceability), Influ2’s content or materials, or the Website and Platform shall be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding;
6.5. These Terms are governed by the law of the State of California except for its conflicts of laws principles unless otherwise required by a mandatory law of any other jurisdiction.
7.2. This version of the Terms supersedes any other agreements between the user and us regarding the subject matter of the Terms, as well as all previous versions of the Terms. If any provision hereof (article or a provision of such an article) is invalidated, this does not affect other provisions of the Terms and shall be changed, edited, or interpreted in such a way as to contain more actual and relevant meaning for the purposes of the Terms.
7.3. The user and we shall not rely on any written or oral information that is not embodied or mentioned in this Terms. The user’s or our failure to comply with any term of the Terms does not constitute a waiver of the user’s right to enforce that or any other term of these Terms.
7.4. Nothing herein is intended to establish any form of partnership, recruitment, or joint venture between the user and us. The user and we are not agents. Neither the user nor we can enter into contracts or any other documents/transactions on behalf of each other or as representatives of each other. Nothing in the Terms creates obligations for third parties. No third party is bound by the Terms.
7.5. Communication between the user and us takes place in English. Messages, requests, inquiries, statements, and/or permissions shall be sent by any means available. Notices and reports under the Terms are deemed to have been received within one day of the date the notice or report was sent.
7.6. The headings in the Terms are intended to make the Terms easier to understand. The headings do not affect the content and meaning of the provisions placed under the specific headings. Headings are not to be used to interpret the terms of the Terms.
7.7. The Terms is an electronic agreement. The electronic form hereof has the same legal effect as if it were signed using a physical signature.
7.8. We may independently and without the user’s prior consent from time to time change, supplement or otherwise modify the Terms (and any integral part of it) or any functionality of the Website and Platform, so please periodically check this page and test the Website and Platform to make sure the user agree with all changes. If the user continues to use the Website and Platform or information materials after such changes, we shall assume that the user has accepted the changes unless we are required to obtain the user’s explicit consent to such changes under applicable law.
7.9. If the user does not accept any of the terms hereof or any changes hereto, please do not start using the Website and Platform or information materials or stop using and remove any traces of such use from the user’s devices.
7.10. The user agrees that a breach of these Terms shall cause irreparable injury to Influ2 for which monetary damages would not be an adequate remedy and Influ2 shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
7.11. This section applies to California Residents only. If the user is a California resident, in accordance with Cal. Civ. Code §1789.3, the user may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210. The user may all the time get the “.pdf” copy of these Terms, Privacy, or Cookies Policy as well as other legal documents placed on the Website by sending the relevant request to email@example.com or firstname.lastname@example.org.
7.12. The user agrees that the user shall not export or re-export, directly or indirectly, the Services, the Website and Platform and/or other information or materials provided by Influ2 hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.
a. In particular, but without limitation, the Services, the Website and the Platform may not be exported or re-exported:
into any US embargoed countries or any country that has been designated by the US Government as a “terrorist supporting” country, or
to anyone listed on any US Government list of prohibited or restricted parties, including the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List.
b. By using the Services, Website, and Platform, the user represents and warrants that the user is not located in any such country or on any such list. The user is responsible for and hereby agrees to comply at the user’s sole expense with all applicable United States export laws and regulations.
7.13. The words “including” and “in particular” are to be construed as being by way of illustration or emphasis only and are not to be construed as, nor shall they take effect as, limiting the generality of any foregoing words.
8.1. All notices to Influ2 shall be delivered in writing by courier, certified or registered mail (postage prepaid and return receipt requested), email, or as otherwise specified by Influ2.
8.2. Legal notices to Influ2 shall be sent to email@example.com. Notices to users shall be sent to the account email address on file and/or posted on the Website and Platform and are deemed effective when sent or posted. The notices may also be sent to the email address which has been ever used for communication with Influ2.
8.3. Legal Info for Correspondence: Influ2 Inc., 1250 Borregas Ave #44, Sunnyvale, CA94089.