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Terms of Service

1 General

Thank you for using ‘Q-83’ ("Product"). The Product is provided by Q-83 PTY LTD ("Operator"). By using our Product, you (“User”) are agreeing to these terms. The Product enables its users to improve their Influencer marketing and Influencer relations results by optimizing their processes in terms of identifying, analyzing, managing and monitoring Influencers.

2 General use of the product, registration of an account

Natural and corporate bodies are entitled to use our Product. Registering an account is free and has no liabilities attached to it. The Operator is entitled to prohibit registrations and delete the according free accounts without prior warning.

To complete the registration process the User must agree to these Terms of Service and provide the required information truthfully.

The User is prohibited to incorporate data from the Product into any other software, particularly but notwithstanding to influencer marketing platforms, any websites, influencer databases etc. The User may use the data in any presentation but is required to refer to the Product as source of the data. Any violation of this term will result in Operator immediately ceasing license of the User with the Product and incurring of a fine of amount decided by operator.

3 Influencer license

The Influencer that registers for a Q-83 code must agree to the Terms of Services and pay the monthly subscription of AUD$49 per Calendar month. Using the Product is free for Brands. Information on Pricing can be found in our FAQ’s section on the Influencer and brand homepage. Active Q-83’s for Influencers are booked as a subscription with recurring payments after the initial time period has ended. The User will be informed about this matter within the payment process. If the Influencers User account is in arrears for greater than 10 days the Q-83 will be deactivated and placed on hold. If the outstanding monetary balance is not recovered within 14 days the users account will be deleted.

By registering for a Influencer User account the Influencer User gets access to the Influencer Dashboard which shows their own Instagram accounts insights. The degree to which the Influencer User may use the Product is specified throughout the homepage and the FAQ’s page. A revocation is not possible.

4 Extension of a premium license, cancellation of a subscription

Each subscription of a Influencer User license is in principle for an indefinite period of time. At the end of a billing period the contract is extended by the same period of time on the latest conditions unless the User has cancelled his subscription prior to the end of the billing period. Cancellation of a subscription may be found under the Influencer User login menu item "Settings". In case the Product might be unavailable due to technical issues that are not under the User's control she may write an e-mail to accounts@q-83.com

5 Collection of data

The Influencer User agrees to the collection of anonymized data of usage by the Operator. This collection of data is done to improve the Product. All data will be treated with the utmost care and strictly confidential.

6 Intellectual property

All contents and material produced by the Operator, especially the influencer database, analyses, reports, texts, graphics, logos, symbols and pictures besides pictures that are hosted by Instagram.com or other social media platforms are the Operator's intellectual property.

Pictures hosted by Instagram or other social media platforms are the intellectual property of the authors that are mentioned and linked back to at every of the aforementioned pictures.

7 Restrictions

The User is specifically restricted from all of the following:

Publishing any Product material in any other media without written consent from the Operator;

(re-)selling, sublicensing and/or otherwise commercializing any Product material without written consent from the Operator;

using this Product in any way that is or may be damaging to this Product;

using this Product in any way that impacts other users’ access to this Product;

using this Product contrary to applicable laws and regulations, or in any way that may cause harm to the Product, or to any person or business entity;

engaging in any data mining, data harvesting, data extracting, crawling of data or any other similar activity in relation to this Product;

The Operator is entitled to limit a User's access to the Product without prior warning in order to prevent such malicious behavior. Limiting a User’s access does not limit the Operator’s right to claim compensation for damages.

Any User ID and password the User may have for this product are confidential and the User must maintain confidentiality as well.

8 Service Quality

Given the complexity of the Internet, the unequal capacities of different networks, the influx of traffic at certain times of the various bottlenecks on which the Operator has no control, the responsibility of Operator is limited to the operation of the Product whom the outer limits are formed by the Connection Points.

The Operator cannot be held in any way responsible for:

Access speeds from the Websites and / or information systems of the User,

external slowdowns,

bad transmissions due to a failure or malfunction of external networks product is dependent on.

Given the nature and complexity of the technologies that are implemented, the User recognizes that the Product may not be free of anomalies, failures, interruptions and downtime.

In case of incidents resulting from elements under the responsibility of one Party, the other undertakes to inform the latter and to agree to make its best efforts to remedy.

The Operator is not responsible for any consequences caused by:

The occurrence of an event of force majeure,

any improper use of the Product by users,

any failure of a user to their contractual obligations,

any cause beyond the reasonable control of the Operator.

9 Warranties

This Product is provided “as is,” with all faults, and the Operator expresses no representations or warranties, of any kind related to this Product or the materials contained on this Product.

Consequently, Operator is not responsible for errors that may arise from Data and / or any Content.

10 Limitation of liability

In no event shall the Operator, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with the User’s use of this Product whether such liability is under contract. The Operator, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to the User’s use of this Product.

The User acknowledge that (i) the use of the Product depends on the Application Programming Interface (API) set up with Instagram and other social media platforms, which may be changed unilaterally by its owners from time to time (ii) The Operator has no control on such changes that could have unexpected impacts on the Product and their conditions of use.

As consequence, (i) The Operator may not be responsible if such changes involved any restriction in the use of all or part of Product (ii) The User shall not claim for any compensation in this respect and (iii) The User have the right to terminate Service without being able to claim any reimbursement of Subscription Fee already paid.

The Influencer & Brand User acknowledges that she shall use the Product and/or the related results and analysis at their own risk.

The Operator cannot be held responsible for the consequences of the analysis and actions taken by the Influencer & Brand User on the basis of the use of the Product.

The User acknowledges that due to information brought to their attention within these Terms of Service, the Operator has fulfilled its obligations including advice and information regarding the characteristics and limitations of the Product to which the Influencer & Brand User subscribed.

The Operator cannot be held responsible in any way for Data and/or Content used or processed by the Influencer & Brand User in the framework of the Product or any other entity.

The Operator shall only be liable for direct damages incurred by the Influencer & Brand User or the Brand User’s company, resulting from a breach by the Operator of its contractual obligations such as defined in these Terms of Service.

In any event, the damages suffered by the User or the User’s company due to an exclusive Operator’s failure is expressly limited for all causes and for any reason whatsoever, to the amount of the last Subscription Fee paid.

11 Indemnification

The Influencer & Brand User hereby indemnifies to the fullest extent the Operator from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to the User' breach of any of the provisions of these Terms.

12 Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. The parties commit themselves to substitute the agreement by another one fulfilling the same purpose.

13 Change of these Terms of Service

The Operator is entitled to change these Terms of Service without prior notice to the users. Every user will be notified by e-mail in case these Terms of Service are changed. After a change of these Terms of Service every user with a subscription of a Influencer license has 7 days to cancel her subscription retroactively in case she entered a new billing period after the Terms of Service have been changed.

14 Assignment

The Operator is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, the user is not allowed to assign, transfer, or subcontract any of their rights and/or obligations under these Terms.

15 Final provisions

To the extent permitted by law, the place of jurisdiction is New South Wales, Australia

Copyright 2018, Q-83.com. All Rights Reserved.
Staging V1.15 | 05/12/18 17:21 AEST