Version 1.1 as of April 1, 2022
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:
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.
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).
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:
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;
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;
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.
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.
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.
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.
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.
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:
The user acknowledges the circumstances and undertakes to adhere to the following restrictions:
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.
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.
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.
The user acknowledges circumstances and accepts the following registration rules:
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.
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.
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..
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.
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:
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);
If we send the user SMS:
If we send the user emails:
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 email@example.com. 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.
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.
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:
We are not also responsible, including, but not limited to, for the following cases:
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.
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.
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.
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.
The user may terminate the agreement by notifying us ten (10) calendar days prior to the planned termination date via email at firstname.lastname@example.org, or by deleting the user’s account using the Platform (if the Platform’s version supports this feature).
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..
To avoid any doubts, the following termination rules shall apply:
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.
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.
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.
THE US RESIDENTS ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER:
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.
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.
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.
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.
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.
The Terms is an electronic agreement. The electronic form hereof has the same legal effect as if it were signed using a physical signature.
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.
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.
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.
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 firstname.lastname@example.org or email@example.com.
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.
In particular, but without limitation, the Services, the Website and the Platform may not be exported or re-exported:
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.
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.
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.
Legal notices to Influ2 shall be sent to firstname.lastname@example.org. 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.
Legal Info for Correspondence: Influ2 Inc., 1250 Borregas Ave #44, Sunnyvale, CA94089.