Описание
Users of the Services offered by InfluencerSoft acknowledge and accept these terms and conditions.

Owner of InfluencerSoft and related Services
InfluencerSoft LLC (DBA - InfluencerSoft) +1(844)331-0950, support@influencersoft.com

Information about InfluencerSoft
InfluencerSoft is a saas platform that allows Users to sell educational products online.

Content provided by the User
Users are responsible for their own content and that of third parties that they share through InfluencerSoft, that they upload and post on or through InfluencerSoft, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.

The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.

Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain InfluencerSoft.

Services provided by third parties
Users may use third-party services or content included in InfluencerSoft, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.

Registration
In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.

After registering on InfluencerSoft, Users can import most of the Data stored in third-party services of their choice supported by InfluencerSoft into the application. Users may also import Data into the application by setting up an external webhook using InfluencerSoft’s API or simply by manually adding it into the Application.

Paid services
InfluencerSoft provides for additional services and subscriptions available upon payment of a fee.
The fees, duration, and conditions for the accounts and paid services are highlighted in the relevant section of InfluencerSoft.

Trial period
In the event that InfluencerSoft offers a trial period, the User will be able to experience for a limited period of time, some of the paid features offered by InfluencerSoft. Details of the trial terms will be provided as part of the process of starting a subscription or using the Service.

Recurring subscription
Payments start from the date when Users choose a trial or paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.

Automatic renewal
Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for the same period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then InfluencerSoft may be forced to cancel their subscription when it runs out.

Refunds
We have a no questions asked 30-day money-back guarantee policy for all users of InfluencerSoft.  If you are dissatisfied with InfluencerSoft for any reason within the first 30 days of service you may request and receive a full 100% refund of your investment.  

Deleting User accounts
Registered Users can cancel their accounts and stop using the Service at any time by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice.

The Service is provided “as is”
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.

Service reselling
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of InfluencerSoft and of its Service without the Owner’s express permission, granted either directly or through a proper reselling program.

Indemnity
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees, and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

Forbidden use
The Service shall be used only in accordance with these Terms.
Users may not:
    •    reverse engineer, decompile, disassemble, modify or create derivative works based on InfluencerSoft or any portion of it;
    •    circumvent any technology used by InfluencerSoft or its licensors to protect content accessible via it; copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through InfluencerSoft;
    •    use any robot, spider, site search/retrieval application, or other automated devices, process or means to access, retrieve, scrape, or index any portion of InfluencerSoft or its content; rent, lease or sublicense InfluencerSoft;
    •    defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
    •    disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
​    •    store “sensitive personal data” (e.g. medical information, biometrical information, racial information, social security information, criminal information …) 
    •    use InfluencerSoft in any other improper way that violates these Terms. 


You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).


Privacy Policy
For detailed information about the use of their personal data, Users must refer to the Privacy Policy of InfluencerSoft. We will not rent, sell, access or in any way use the client’s customer database information. This information will be kept strictly confidential in the highest manner possible. We collect the email addresses of those who communicate with us via email, aggregate information on what pages consumers access or visit, approximate location, IP address, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service. We ask for information such as your name, company name, email address, billing address and credit card information for users of our services.  We use collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research. A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies are required to use our service.  We use cookies to record current session information. We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the services provided. Although we own the code, databases and all rights to the application, you retain all rights to your data. We may disclose personally identifiable information under special circumstances, such as complying with subpoenas or when your actions violate the Terms of Service.

We may periodically update this policy and will notify you about significant changes in how we treat personal information by sending a notice to the primary email address specified for your account or by placing a prominent notice on our site.


GDPR
Authorization to use sub-processors: InfluencerSoft uses sub-processors as a routine part of offering our service. As a Data Controller, you agree to our use of GDPR compliant sub-processors. We maintain a list of sub-processors in a Privacy Policy for your review. Indemnification: By using InfluencerSoft software, you agree to indemnify InfluencerSoft for any legal responsibility and against any claims regarding your GDPR compliance. InfluencerSoft attests that we comply with GDPR as a Data Processor, but does not and can not ensure your compliance as a Data Controller. 

Copyright
All trademarks, nominal or figurative, and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos that appear concerning InfluencerSoft are and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.

Age eligibility
Users declare themselves to be adults according to their applicable legislation. Under no circumstance may persons under the age of 13 use InfluencerSoft.

Limitations of liability
The User expressly releases and exempts the Owner from any liability to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.

The owner shall take any appropriate security measures to prevent unauthorized access or disclosure of the Data imported into the application. The Owner shall not be liable for any unauthorized access or disclosure of Data caused by any event beyond the Owner’s reasonable control or which could not have been foreseen or prevented by the Owner.

InfluencerSoft’s total liability to you or any third party arising out of these terms or in connection with any use of InfluencerSoft, shall in no event exceed the subscription fees paid by you during the twelve months prior to the first event or occurrence giving rise to such liability.

Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within InfluencerSoft.
Users who continue to use InfluencerSoft after the publication of the changes except for the new Terms in their entirety.

Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts
All communications relating to InfluencerSoft must be sent using the contacts stated in this document.

Severability
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation, and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.


Warranties
You understand that the service provider, and/or its’ assigns do not guarantee, imply, or predict any type of profit or response from said services. The client irrevocably covenants, promises and agrees to indemnify the service provider and/or its’ assigns and to hold the service provider and/or it's’ assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its’ assigns may sustain or to which the service provider and/or its’ assigns may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. You agree to use the InfluencerSoft at your own risk.

WE MAKE NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE INFLUENCERSOFT, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. 

We shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for lost profits or for loss of data or information.


Anti-Spam Policy
We strictly prohibit any involvement in unsolicited commercial email (UCE) campaigns, commonly known as SPAM. We maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate or similar agent acting on the account holder’s behalf. All lists used in conjunction with the services provided by the Service are required to be 100% opt-in lists. Any client account that is connected to a report of or caught violating these policies, will be immediately terminated. You are only permitted to send email to contacts that have specifically requested to receive content from you. You may not add email addresses to our service, that you rented, purchased, or “scraped”. No refunds or pending commissions will be provided to anyone whose account is terminated for violating this policy.

Please report a complaint or violation of this policy to our support: support [at] influencersoft.com

Terminations
We have the right to suspend or terminate your account and refuse any and all current or future use of the Service InfluencerSoft, for any reason at any time. Such termination of the Service InfluencerSoft will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse service to anyone for any reason at any time.We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property. You may not post sexual graphic content on the Service. While we prohibit such conduct and content on the Service, you understand and agree that we cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials.

Service
The service provided by InfluencerSoft as described in these Terms and in InfluencerSoft.

User
Any user of the Service, whether a human being or legal entity.

Terms and Conditions (or Terms)
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.


Affiliate Agreement

This Agreement is between Service InfluencerSoft (“affiliate manager,” “us,” “we,” or “our”) and the User (“the referrer” “you,” “your” or “partner”). We are independent parties and this agreement will not form any partnership.  This agreement will begin immediately after registration of the User account and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.

- Commissions are earned at a rate of 25%, of the paid “package” monthly subscription for up to one year, to the “last referrer” noted on the customer's affiliate link at the time of their first register in our database.
- Packages consist of the base level plans listed on influencersoft.com/pricing and do not include add-ons, user seats, messages, percent of User turnover or any other InfluencerSoft products.
- Earned commissions will be approved on accounts that have passed their first 30 days and are outside of the refund period. We have the right to change our refund policy at any time, and if we do, the commissions will be adjusted accordingly.
- Approved commissions will be automatically added to the partner balance in InfluencerSoft account and Users could spend commissions only for buying InfluencerSoft service monthly packages plans.
- NO COMMISSIONS can be earned on your own account.  No self-referring for the sole purpose of getting a discount.
- We will monitor, track and audit referrals submitted for accuracy and prevent fraud. We reserve the right to clawback paid commission, exclude you from earning commissions and forfeit any partner rewards should we find any errors or agreement violations.

By posting a change notice, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Continued participation in the program 30 days following the posting will be considered as your acceptance of the change.

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