Terms of Service
Last updated in January 2021
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND ACCESSING, USING AND/OR REGISTERING FOR THE NOXINFLUENCER WEBSITE, PLATFORM OR SERVICES.
By creating an Account in NoxInfluencer as an Authorized User and/or by accessing and using the NoxInfluencer Platform or website, www.NoxInfluencer.com (the “Site”), you accept these Terms of Service (the “Terms”), and you acknowledge that you, on your own behalf as an individual and/or on behalf of your employer or another legal entity (collectively, “you” or “your”), have read and understood and agree to comply with these Terms, and are entering into a binding legal agreement with NoxInfluencer. and/or, where applicable, one of its group companies or affiliates (“NoxInfluencer”, “us”, “we” or “our”). If you are creating an Account, you are entering into these Terms on behalf of your team, company, organization or any other entity that you either represent or belong to (the “Organization”), and you represent and warrant that you have full authority to bind your Organization to these Terms. If you do not agree to comply with and be bound by these Terms or do not have authority to bind your Organization, please do not accept these Terms or access or use the Platform. To the extent allowed under applicable law, you hereby waive any applicable rights to require or receive an original (non-electronic) signature or delivery of non-electronic records of these Terms. If you have executed a written contract, service order or other agreement with NoxInfluencer governing your access to and use of the Platform, then the terms of such agreement will govern and will supersede these Terms in the event of any conflict or inconsistency; except for the terms herein that refer to your access to, use of and/or registration for the Site or our Platform, all of which shall remain in effect. All capitalized terms used herein shall have the meanings given for such terms herein.
1. Your Use of The Services
1.1. Our online platform is served to produce searches for accounts on social networks that are publicly available. In particular, the online platform enables you to evaluate the quality of a user`s subscribers and thereby distinguish real subscribes from those being automatically and dishonestly generated. After the Services have been provided to you, you are provided with the report (hereinafter "The Report").
1.2. NoxInfluencer provides you with a limited, non-exclusive, non-transferable, personal and non-assignable permission to use the Site. Accordingly, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You must not obscure, alter, remove or delete any copyright or other proprietary notices contained in the Services. You will not copy, modify, adapt, translate or otherwise create derivative works of any of the Services obtained from the Site. You warrant that you will not attempt or assist others to attempt or actually reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software. You agree to comply with all applicable laws and regulations in your use of and access to the Site and Services.
1.3. You will be required to successfully sign up for a personal account (the “Personal Account”) and be issued with a username and password login (“User ID”) in order to use the Services. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of NoxInfluencer, including account names. NoxInfluencer reserves the right to disable any Personal Account issued to you at any time at NoxInfluencer’s sole discretion. If NoxInfluencer disables access to a Personal Account issued to you, you may be prevented from accessing NoxInfluencer, your account details or any Campaigns that are associated with your account.
1.4. By registering with NoxInfluencer you agree to receive emails, including but not limited to: newsletters, product updates, opportunities. You will be able to unsubscribe from each group.
1.5. Direct notification of data subjects is impossible (due to the huge amount of data) and under Art. 14. paragraph 5 (b) GDPR NoxInfluencer is not obliged to notify Blogger/Influencer directly. Also, there is a notification via the website and in the privacy policy.
1.6. You consider it reasonable and agree that you responsibly use, transfer and process of the personal data transferred to you from NoxInfluencer. From the moment the data is transferred to you, we cannot reasonably assume what your true purpose is. Therefore, we warn you that if the data received from us is used illegally or outside the scope of legitimate interest, you will be held liable for violation of the provisions of the GDPR and any applicable data protection legislation.
1.7. You consider it reasonable and agree that you are responsible to notify the data subject that you ordered the processing of their personal data and receive a report from NoxInfluencer, which contains the following data: profile name, avatar, a profile description, likes, commenters, e-mail, audience type, topics and interests of the audience, age of the audience, earnings, history of profile development, the authenticity of the audience set.
2. Provision of the Services
2.1 NoxInfluencer is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which NoxInfluencer provides may change from time to time without prior notice to you.
2.2 As part of this continuing innovation, you acknowledge and agree that NoxInfluencer may permanently or temporarily stop providing the Services (or any features within the Services) to you or to users generally at NoxInfluencer sole discretion, without prior notice to you.
2.3 You can access most of the service on the platform without login,but when you use the marketing service and the membership service, it is required to successfully sign up for an account and be issued with a username and password login (“User ID“) in order to use the Services.
2.4 By registering to NoxInfluencer you agree to receive emails, including but not limited to: campaign message, product updates, promotions. You will be able to unsubscribe from each group.
2.5 You acknowledge and agree that NoxInfluencer can disable access to Services for non-payment or other material breach of the Terms, you may be prevented from accessing your files or other content which is contained NoxInfluencer Site or Services.
3. Your passwords and account security
3.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
3.2 You agree that you will be solely responsible for all activities that occur under your account.
3.3 NoxInfluencer uses YouTube、Google Connect, “Sign in with YouTube“ and “Sign in with Google“, and other authentication methods for authorization of users. If your YouTube account, Google account or any other account used for registration and/or signing in the Services is deleted or non-functional, you may no longer be able to access the Services.
4.Privacy Policy
4.1 We comply with the General Data Protection Regulation EU 2016/679 (GDPR). Click Privacy Policy to learn more.
4.2 Important information for data controllers: you acknowledge that when processing personal data of individuals, you may become a data controller and you must comply with GDPR.
4.3 You agree that NoxInfluencer may use aggregated and anonymised data derived from the data provided by you or collected by the program analytics such as user behaviour and activities for its own statistics, for auditing, for the purposes of product and market research and analytics (which help NoxInfluencer to optimise and improve its Services their usability, the range of Services, and to develop new technologies, products and services), and for benchmarks and other analyses. NoxInfluencer may publish such anonymised data and share them with third parties outside of NoxInfluencer; however, NoxInfluencer will not directly or indirectly transfer any data received from you to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising or monetization related toolset.
5.Membership Services
5.1 NoxInfluencer Membership Service including search, brand analytics, audience analytics, influencer marketing and etc. Please refer to https://www.noxinfluencer.com/product/pricing ,NoxInfluencer has the right to add, update or delete memership service.
5.2 NoxInfluencer has the right to adjust the membership price according to the change of market demand.
5.3 NoxInfluencer influencer marketing feature provides the services including discover influencers, invite influencers, sign contract, payment collection(advertisers pay the promotion fee to Noxinfluencer, influencers will get the payment after complete the promotion), and video effect monitoring.
5.4 NoxInfluencer supports a variety of payment methods for customers, including bank transfers, PayPal, WeChat Pay, Alipay, bank wires and credit card.
5.5 Membership service is virtual item that can not refund. Please check carefully before purchasing.
5.6 Enterprise membership service is a flexible plan that supports customization. The price and service details should be confirmed and signed contract with our sales. All service terms shall be subject to the specific contract and Terms of Services.
6. Auto-renewed subscription agreement
6.1 When paying through PayPal or credit card, subscription will be automatically renewed with the same duration as the previous one. (Subscription won't be auto-renewed if discount code is used or other payment methods are used.)
6.2 If not manually cancelling the auto-renewal of subscription during your membership, the original paying credit card or Paypal will be charged for the next subscription period one day ahead of the end of your subscription, making sure your membership is uninterrupted.
6.3 subscription period: 1 month, 1 year.
6.4 Confirm and agree. The right of adjusting pricing is owned by NoxInfluencer. NoxInfluencer will inform you of any alteration in service pricing in advance. （Informs include but not limit to website notice, Email, etc.）If you have any disagreement with pricing changing, you are allowed to cancel the auto-renewal of subscription more than 24 hours ahead of the expiration day. If less than 24 hours, you might still be charged for the next subscription period by latest pricing and the auto-renewal will be ended until the one after the next. If you don’t cancel, new pricing will be applied in the future periods. If you subscribe to the membership again after cancellation, please take the pricing displayed as the final auto-renewed charge.
6.5 To Cancel Subscription, go to Payment Management (For Brands) / Payment Management (For Influencers), or Go to PayPal you paid through and Cancel the certain subscription or Contact the credit card to help cancel it.
7.Advertisements
7.1 Some of the Services, in particular free Services, may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
7.2 The manner, mode and extent of advertising by NoxInfluencer on the Services are subject to change without specific notice to you.
8.Indemnification
You agree to defend, indemnify and hold harmless Nox, its vendors, including our and such vendors’ officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney’s fees) arising from: (i) your use, misuse of , inability to use and/or activities in connection with the Apps and/or Content; (ii) your violation of the Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right; (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Apps; and (v) your User Generated Content. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
9.Amendments to the Terms
All changes to these Terms are effective as of the stated "Last Revised" and your continued use of the Apps on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. If the Terms are amended to comply with legal requirements, the amendments may take effect immediately, or as required by the law and without prior notice.
10.Cancellation Or Termination
10.1 You may cancel the Services at any time, with or without cause. You understand and accept that by cancelling the Services: i) you may not receive a refund; ii) you may lose access to and use of your keys or passwords and any Services.
10.2 You can not resell or maliciously integrate the data provided by NoxInfluencer to share with third parties, and you can not illegally crawl NoxInfluencer data.If you violate the regulations, we have the right to block your IP and account, and are not obliged to notify you.
11.Social media data sources
The data source is the public data of social media. If you don't want to show your channel data, please contact [email protected] to delete.
12.Disclaimer and Warranties
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOXINFLUENCER AUDITOR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNER, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THIS SITE OR CREATED BY THE SERVICES. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS“ BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SERVICES. NOXINFLUENCER AUDITOR MAKEs NO WARRANTY THAT i) THE SERVICES WILL MEET YOUR REQUIREMENTS: ii) THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED; iii) ANY ERRORS WILL BE CORRECTED; AND iv) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY SERVICES DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND NOXINFLUENCER AUDITOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL IT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOXINFLUENCER AUDITOR OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. IN NO EVENT SHALL THE LIABILITY OF NOXINFLUENCER AUDITOR OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH SERVICES. FURTHERMORE, NOXINFLUENCER AUDITOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.
13. Contact Us
If you have any questions about these Terms, please contact us at [email protected]
