Getcims AB
INTRODUCTION
These general terms and conditions and its appendices (the “Terms and Conditions”) apply when using the influencer database service (the “Service”) provided by Getcims AB, a company incorporated under the laws of Sweden having reg. no. 559478-8415 and the address Story Nygatan 13, Gothenburg, Sweden (“Getcims”) at https://getcims.com and https://app.getcims.com.
Getcims offers the Service whereby paying companies (“Customer”) can identify (and in appliable cases contact) suitable influencers for their marketing campaigns. Additionally, influencers (“Influencer”) may use the Service whereby they can create and modify their personal profile, keep contact with and otherwise manage relationships with customers. Customers and Influencers may be jointly referred to as “User”.
The Terms and Conditions, and, for Customers, the order confirmation, constitutes the entire agreement and replaces any prior (oral or written) agreement between the User and Getcims with respect to the Service and remains in force indefinitely. In case of discrepancies between the order confirmation and these Terms and Conditions, the Terms and Conditions takes precedence. These general terms and conditions take precedence over its appendices.
Any natural person, including Influencers, must be of at least 18 years of age (or be of legal age in that persons place of origin / residence) and be legally capable to use the Service.
DEFINTIONS
In addition to the definitions laid out above, the below definitions, shall be attributed the following meaning.
Defect
All substantial functional defects in the Service that adversely inhibit the use of the Service as allowed by these Terms and Conditions.
Know-how
All technical information, know-how, and data, including inventions, discoveries, trade secrets, specifications, instructions, processes, and information of Getcims’ proprietary nature in relation to the Service.
Law
Any national, foreign or multinational law, statute, standard, ordinance, code, rule, regulation, or any order by any government authority, or any similar provision having the force or effect of law.
Office Hours
Between 9-17 CET during normal working days in Sweden,
Personal Data
Any information relating to an identified or directly/indirectly identifiable natural person (“Data Subject”).
Service Window
Certain instances and for limited periods of time outside of regular office hours (CET) when Getcims conducts maintenance of the Service during which the Service will be unavailable to the User.
End User
Any natural persons that may use the Service by virtue of the Terms and Conditions.
User Data
All information and data (i.e. personal data, information about End User’s business, customers, etc.) that User or any third party, on behalf of End User, makes available to Getcims and the result of Getcims’ processing of such data.
Lawful Access
the User’s access to the Service permitted by Law, these Terms and Conditions and Getcims as applicable.
USER TERMS
This section applies to Customers and Influencers
SCOPE OF THE SERVICE
Getcims grants a non-exclusive right to the User to access and use the Service following the creation of an account and the User’s acceptance of these Terms and Conditions (and, as it regards Customer, following payment in accordance with their subscription plan as selected in the order process and as specified in the order confirmation) provided the User complies with these Terms and Conditions.
The Service is provided to the User in accordance with Terms and Conditions. The Service is provided as is without any implied or expressed warranties other than what is explicitly stated in these Terms and Conditions. Situations where the Service is unavailable may arise for instance, but without limitation, due to maintenance or circumstances beyond Getcims’ control.
The delivery of the Service shall, for the avoidance of doubt, not be construed as any procurement or grant of any rights other than those explicitly listed in the Terms and Conditions.
USER RESTRICTIONS
User may not use the Service contrary to applicable Law and shall not send, transfer, or store any virus, malware, or other harmful code in the Service and may not disrupt the providing of the Service or attempt to access the Service by means contrary to these Terms and Conditions (and order confirmation, as applicable).
User may neither directly nor indirectly copy deconstruct, attempt any form of reverse engineering, or decompile the Service (including any source code pertaining to any part therein) other than what is explicitly provided for under non-waivable applicable Law.
User may neither directly nor indirectly make changes, modifications, or translations of the Service other than what is explicitly provided for under non-waivable applicable Law.
The User shall not store nor upload any illegal, obscene or similarly objectionable content or information in/to the Service. Getcims reserves the right to remove such content and to file necessary reports to law enforcement / relevant government entities.
User may neither directly nor indirectly license, sell, rent, lease, transfer, or grant any rights to the Service, or in any other regard commercially exploit the Service including Know-how and any intellectual property rights thereto in a way that is not explicitly allowed under the Terms and Conditions.
User may not use (automated) systems or software to extract data from the Service for commercial purposes. This includes a complete prohibition on text and data mining.
User commits to abstaining from any and all of the above-mentioned actions and may not solicit, persuade, or otherwise allow a third-party to undertake any such action.
User shall not share its login information with any third-party. For clarity, Getcims cannot be held liable for any third-party access to or interference with User Data due to the User’s handling of login data and/or omission to adapt adequate security measures such as, without being limited to, adequate passwords and access controls.
User shall ensure that all End Users comply with these Terms and Conditions. The User shall indemnify and hold Getcims harmless for damages and costs incurred by Getcims as a result of actions or omissions by End Users.
PERSONAL DATA
In providing the Service, Getcims gathers and systemizes publicly available information in a database, including Influencers public profiles. Such information includes Personal Data.
Getcims will assume the role of processor when processing Personal Data provided by the Customer and on behalf of the Customer. In such cases, the Customer is the controller. One such example is when facilitating communication and case management between the Customer and an Influencer. The obligations of Getcims and the Customer due as such are further specified in the separate data processing agreement attached as Schedule 1.
When processing Personal Data for Getcims’ own purposes, Getcims is the controller. For further information on such processing, we refer to our Data Privacy Policy (https://getcims.com/privacy).
When providing the Service to the Influencer, Getcims will process that Personal Data in the capacity of a controller. Read more about our processing in our Data Privacy Policy (https://getcims.com/privacy). When processing Personal Data provided by the Influencer and on behalf of the Influencer, Getcims will assue the role of a controller. In such cases, the Influencer is the controller. One such example is when facilitating communication and case management between the Influencer and a Customer. The obligations of Getcims and the Influencer due as such are further specified in the separate data processing agreement attached as Schedule 1.
In case of transfer of Personal Data to Getcims, the transferring party shall ensure that such Personal Data has been obtained and thereafter processed up to the point of transfer to Getcims in accordance with applicable Law. Above-all, this includes that the transferring party must ensure that sufficient information regarding the processing is provided to the Data Subjects along with instructions on how their rights as Data Subjects may be exercised.
Getcims will process Personal Data in accordance with Getcims’ Data Privacy Policy as applicable from time to time and available at https://getcims.com/privacy. Any Influencer appearing in the Service against their wishes can object to the processing of their Personal Data in accordance with our Data Privacy Policy (see especially section 3.4).
The User warrants and represents that all Personal Data received from Getcims will be handled and processed in accordance with applicable Law. This includes deploying adequate safeguards for the Personal Data, at least equivalent to the standards mandated by Regulation 2016/679 (General Data Protection Regulation, the “GDPR”).
The User is singlehandedly responsible for the correctness of User Data. Getcims makes no representation and waives all guarantees as to the quality of Users Data, the User Data's suitability for a specific purpose or the results of interpretation, and application of the User Data.
Getcims retains all rights to data generated by End User in aggregated and/or anonymised form.
INTELLECTUAL PROPERTY RIGHTS
Getcims retains all rights to any and all intellectual property rights and Know-how underpinning the Service (including any source code pertaining to any part therein and any software or other technology used as part of the Service) without limitation. The User acknowledges and agrees that no rights, title, or interest in or to the Service or any related intellectual property rights of Getcims are assigned or transferred to the User under the Terms and Conditions.
All intellectual property rights and know-how to User Data shall remain the property of the User or the third-party licensors of User, as applicable. Except for as explicitly provided for under the Terms and Conditions, neither party shall be assigned or licensed any rights to the other party’s intellectual property rights.
The User grants Getcims a global, non-exclusive, royalty-free right to use, reproduce, modify, integrate, distribute and/or publish all information and User Data provided by the User to the extent required for the performance of the Service or as stated in / allowed by the Terms and Conditions.
Getcims may, in accordance with good business practise, use the Customer’s trademark, tradename, or similar in order to integrate/apply the Service and to disclose the Customer as reference for marketing purposes.
The User shall ensure that all data uploaded to the Service may be used for the Service and that User Data is in compliance with applicable Law. In case Getcims becomes liable vis-à-vis a third-party due to the User’s User Data, the User shall compensate Getcims for direct damages caused thereof.
WARRANTIES AND REPRESENTATIONS
The Service and any content therein are provided as is without any expressed or implied warranties except for what is explicitly stated in the Terms and Conditions. Getcims makes no additional guarantees or representations and waives all warranties other than what is prescribed in non-waivable applicable Law including, but not limited to, satisfactory quality, suitability for a specific purpose, service levels, uptime, results of using the Service, non-infringement of third-party intellectual property rights, or that the Service is free from harmful software or similar harmful components.
Getcims makes no representations or warranties regarding compatibility of the Service in relation to any third-party application or integration (or content therein). Furthermore, Getcims makes no warranties that usage of the Service will result in a specific (commercial) result or cooperation.
The User warrants that it possesses the necessary hardware, equipment, and software in order to use the Service.
Getcims cannot guarantee network accessibility between the User and Service given that such accessibility involves several third-party services and third-party functions beyond Getcims’ control.
Getcims intend to notify in advance if any Service Windows is to occur.
MISCELLANEOUS
If any one or more of the provisions contained in the Terms and Conditions (or order confirmation, as applicable) is held invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Insofar as invalidity, illegality or unenforceability affects the rights or obligations of a party, reasonable adjustment shall be made instead.
The waiver by Getcims of any right hereunder, or of any failure of the User to perform, or of any breach by the User, shall not be deemed a waiver of any other right hereunder or of any other breach by or failure of the User whether of a similar nature or otherwise.
Nothing contained in the Terms and Conditions (nor order confirmation, as applicable) shall be construed as creating a joint venture, partnership, or employment relationship between the parties, nor shall either party have the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
Any losses or delays caused by Getcims in performance of the Terms and Conditions shall not constitute a failure to perform in case such failures or losses arise due to fire, floods, other forms of natural catastrophes, cyber-attacks, acts of God, war, terrorism, social unrest, strikes, pandemics, court order, power failures, delays or disruptions in digital infrastructure, third party’s non-performance or any other similar event(S) beyond Getcims’ reasonable control (“Force Majeure”). Getcims assumes no liability for the consequences of Force Majeure.
Except as expressly provided hereunder, neither the Service nor the User’s rights or obligations hereunder may be assigned or otherwise transferred by the User without the prior written consent of Getcims.
Getcims may launch new properties or develop new features for the Service that is required due to mandatory laws or in order to improve the Service. User will be notified of such amendments before they enter into force. Furthermore, the Terms and Conditions may be amended and updated from time to time. The newest version is available at https://getcims.com/terms and replaces the prior version of the Terms and Conditions and is thus in force between the parties.
Getcims reserves the right to conduct audits of the User’s use of the Service in order to verify that the User’s conduct is compliant with these Terms and Conditions.
Notice shall be deemed to have reached the recipient if:
- sent by e-mail, upon confirmation by the other Party,
- sent by registered letter, 3 working days after delivery for postal delivery in Sweden and,
- delivered by courier, on the day of delivery.
TERM AND TERMINATION
The User’s Lawful Access may be terminated with immediate effect and without repercussions for Getcims if the User materially breaches these Terms and Conditions (and/or order confirmation, as applicable) and does not remedy such violation within seven (7) days from being served with written notice thereof. An example of a material breach is, without limitation, if Customer cancels payment(s) of fees or provides incorrect payment information. The User´s Lawful Access may moreover be terminated with immediate effect if the User becomes subject to bankruptcy, commences composition negotiations, or otherwise becomes insolvent.
Getcims may terminate the User’s Lawful Access with immediate effect and without repercussions if the User has undertaken actions which Getcims, at its own discretion, deems to be in conflict with good business practice, Getcims’ policies, or damaging to Getcims’ reputation.
Upon the termination of the User’s Lawful Access, the User (or the relevant User affiliate) shall without undue delay pay all outstanding and undisputed invoices or any other approved expenses incurred, although no invoiced yet, including, if any, delayed payment(s) or prior agreed payment plans.
All warranties, representations, and limitation of liability contained herein shall survive the termination of the Customer’s Lawful Access.
GOVERNING LAW AND VENUE
None of the headings herein shall affect the interpretation of the Terms and Conditions (and order confirmation, as applicable).
These Terms and Conditions (and order confirmation, as applicable) shall be governed by substantive Swedish law without regard to its provisions on conflict of laws.
Any dispute, controversy or claim arising out of or in connection with the Terms and Conditions, or the breach, termination or invalidity thereof, shall, if possible, be amicably settled by good faith negotiations between the parties. If such negotiations are unsuccessful, the matter shall be finally settled a Swedish court of general jurisdiction and the Gothenburg District Court (Sw. Göteborgs tingsrätt) shall be the court of first instance.
CUSTOMER TERMS
This section only applies to Customers.
SUBSCRIPTION AND PAYMENT
The Customer is responsible for the payment of invoices to Getcims in due time and in accordance with its selected subscription plan as selected in the order process and specified in the order confirmation. Invoice as a payment method is only possible for annual subscriptions. Other subscriptions are paid through are payment provider https://stripe.com/se.
In case of payment through invoice, payments shall be submitted within thirty (30) days from the date of invoice. Payment terms for purchases through stripe are stated at checkout. In case of late payment regardless of payment method, Getcims reserves the right to add interest to any outstanding amount in accordance with the Swedish Interest Act (1975:635) and to permanently or temporarily suspend the Customer´s lawful Access. Overdue payments may be assigned to a collecting agency or third-party that accordingly becomes authorised to collect payment in place of Getcims and to add late fees.
Subscriptions are automatically renewed if not cancelled in due time. Annual subscriptions must be cancelled at least 1 month before the expiry of the subscription. Monthly subscriptions must be cancelled before the expiry of the subscription. Monthly subscriptions are managed and cancelled through our payment provider stripe.com. Invoices will (if applicable) be sent to the Customer before the expiry of the subscription. There will be no reminder sent out for subscriptions paid for with stripe.
CREDITS
For each month, on the Monthly Anniversary Date , the Customer receives the number of Credits specified in their license.
Credits are only valid for the current monthly subscription period. Any unused Credits will not roll over and cannot be used in subsequent months. Here's an example: If your subscription began on April 5th, any unused Credits remaining on May 4th will expire and cannot be used on May 5th or later.
If you buy extra credits, they are valid for the ongoing month period for your subscription.
Credits can be used for various tasks within the Service, such as retrieving Influencer Audience Data or monitoring Influencer posts on Social Media.
Retrieving Influencer Audience Data costs 1 Credit per influencer's social media channel. There's no additional charge (for any of the Customer's users) if the same social media channel's data is retrieved again within 7 days of the initial request.
The number of Credits required for monitoring influencer social media posts will be displayed when activating the monitoring feature.
Credits purchased by the Customer are shared amongst all its users within the platform.
SECURITY
Getcims shall take such reasonable measures, including backing-up User Data, as is required in order to uphold appropriate security of the Service. Reasonable measures shall correspond to the standard of what is considered warranted for a provider of similar size as Getcims and with consideration of the level of sensitive information handled by the Getcims whilst providing the Service. Getcims will employ administrative, physical and technical measures in accordance with best industry standards to protect the Services and prevent the accidental loss or unauthorized access, use, alteration or disclosure of User Data under its control during the Term. For clarity, data is only encrypted when transferring data to the User.
SERVICE COMMITMENT AND SUPPORT
Getcims shall make commercially reasonable efforts in order to ensure the accessibility of the Service for a monthly uptime of at least 95 % of Office Hours including Service Windows. Monthly uptime is calculated by subtracting the number of minutes that the Service is unavailable for during a calendar month from the total number of minutes during that calendar month.
For clarity, Getcims cannot guarantee network accessibility between the User and Service given that such accessibility involves several third-party services and third-party functions beyond Getcims’ control.
In case of a Defect for a Customer, Getcims shall make commercial reasonable efforts in order to rectify and manage such Defect or to offer an alternative solution during Office Hours. The Customer shall be of assistance with access and provide such information and support that Getcims reasonably requires in the process of rectifying and managing Defect(s).
If the Service is available during less than 95 % of any given month, the Customer is entitled to a price reduction of 20 % of the Customer’s fees of a month. If the Service is available less than 90% of any given month, the Customer may terminate parties’ agreement by issuing a written notice thereof.
Getcims shall provide support, in regard to e.g. technical issues with the Service to the Customer during Office Hours. Getcims is not obligated to rectify Defects or to offer support to the extent that the Defect or the need for support arises as a result of i) User’s negligent or wilful actions, including its own alterations or modifications of the Service or its technical environment; ii) Default caused by the User’s equipment, software, internet connection, digital applications or similar; iii) User’s utilisation of the Service outside its intended purpose, or; iv) an event constituting Force Majeure (see clause 8.4).
Getcims shall attempt to resolve technical issues during Office Hours within a reasonable timeframe. Resolution time shall be calculated from receipt of the Customer's request.
For additional support services, Getcims has the right to invoice the Customer for the provision of support in accordance with Getcims’ at the time applicable standard fees, provided the Customer’s support request has been confirmed in writing (including by email) by the Customer.
Unless non-waivable applicable law provides otherwise, the remedies offered in these Terms and Conditions are the only form of compensation available to the Customer in case of Defects.
CONFIDENTIALITY
The Customer shall, for as long as the Customer has Lawful Access to the Service and following three (3) years treat all information relating to the Getcims earlier, current or future development, commercial activities, processes, Know-how, customers, and distributors as confidential. This applies regardless of the information being in writing, oral, or disclosed in another medium or format. Confidential information may only be used by the Customer for purposes of duly executing obligations or exercising rights under the Terms and Conditions.
The above does not apply to: i) information that is or becomes publicly available by actions compliant with the Terms and Conditions; ii) information that already was possessed by the Customer prior to being transferred by the Getcims; iii) information received by a third-party that rightfully could disclose the information, or; iv) disclosing of information that is necessary in order to comply with applicable Law.
The Customer is respectively responsible for the confidentiality undertaking herein in relation to their employees and, if any, sub-contractors and affiliates.
LIMITATION OF LIABILITY
Getcims is not liable for indirect or consequential damages unless gross negligence or intent can be demonstrated.
The Customer’s right to compensation for damages (including right to offset), price deduction, or other similar compensation, shall be denied unless the claim is presented to Getcims within three (3) months from the point when the Customer discovered or reasonably should have discovered the basis for such claim.
Getcims is not liable for third-party claims based on infringement of intellectual property rights resulting from actions of the Customer by: i) use of the Service along with other products, equipment, hardware or software that is not provided or approved by Getcims causing the infringement ; ii) alterations, modifications, or adjustments of the Service by a party other than Getcims, or; iii) Customer´s failure to adapt an update of the Service.
In the event of a claim or other directed action regarding infringement of third-party intellectual property rights due to actions described the clause above, the Customer shall at its own expense defend itself against such claim including the defence of Getcims and reimburse Getcims for all damages and costs inflicted upon Getcims in relation to such claim or action, under the condition that Getcims without undue delay and in written form informs the Customer about the existence of such claim or action. In the event of such claim or other action as described in previous sentence, Getcims grants the Customer full control of the defence of Getcims (including negotiations, settlement and/or any other type of compromise) and commits to cooperating in the defence of the Customer and Getcims at the Customer’s own expense.
The Customer shall reimburse and indemnify Getcims in relation to claims from third parties including supervisory authorities that are based on: I) the Customer’s failure to comply with applicable data protection law, including the GDPR and II) the Customer’s failure to perform in accordance with section 5 herein. The Customer shall immediately notify Getcims in the event of a third-party claim.
Getcims’ total liability for each calendar year shall be limited to a sum equal to 100 % of the amounts payable by the User during 12 months preceding the date of the event causing the damage.
INSURANCE
Getcims shall, at its own expense, purchase and maintain customary liability insurance for the business of providing IT services, with satisfactory coverage limits in light of the nature and scope of the Service.
INFLUENCER TERMS
This section only applies to Influencers.
INFLUENCERS
The Influencer may terminate their access and account to the Service at any time.
Unless non-waivable applicable law provides otherwise, the remedies offered in the User Terms and the Influencer Terms are the only form of compensation available to the Influencer in case of Defects.
Getcims is not obligated to rectify Defects arising for Influencers. In case Getcims provides support to the Influencer, the Influencer shall be of assistance with access and provide such information and support that Getcims reasonably requires in the process of rectifying and managing Defect(s).
Getcims is not liable for any damage suffered by the Influencer as a result of using the Service.
Last updated 2024-06-24