Terms and Conditions
Updated March 2026
1. SCOPE
1.1. The following Terms and Conditions (“T&C”) apply to all legal transactions between influence.vision GmbH, Am Hof 13, Stiege 2, Top 14, 1010 Vienna (“influence.vision”, “we”, “us”) and the respective contractual partner (“User”) with respect to the services provided by influence.vision.
1.2. The User’s general terms and conditions shall not form part of this agreement.
1.3. influence.vision is entitled to amend these GTC at any time at its sole discretion. The amended Terms and Conditions will be published on the website https://www.influencevision.com/en/terms-and-conditions/ and sent to registered users via email. The changes will take effect (i) for all users for future orders and (ii) for existing orders if the registered users do not object to them in writing within two weeks of receiving the notice of change. In the event of an objection, influence.vision is entitled to terminate the contract with the registered user at the end of the current month. If influence.vision does not terminate the contract with the registered user, the old Terms and Conditions shall continue to apply.
2. SERVICES PROVIDED BY INFLUENCE.VISION
2.1. Influence.vision focuses on providing services in the field of automated information technology. In particular, influence.vision offers various services related to influencer marketing and influencer campaigns and operates platforms for the implementation and management of influencer marketing campaigns.
2.2. The services of influence.vision are directed, on the one hand, at influencers and, on the other hand, at brands/agencies (collectively “Users”):
a) Influencers are generally individuals who, due to their strong presence on social networks, are suitable representatives for advertising and marketing campaigns (“Influencers”). Influencers are occasionally represented by agencies responsible for their recruitment and placement (“Influencer Management Agencies”).
b) Brands/agencies are natural or legal persons, in particular companies, marketing, and media agencies, that wish to collaborate with an influencer (“Brands/Agencies”).
3. REGISTRATION AND ACCOUNT
3.1. Use of our services is only possible after prior registration. Registration is reserved for users with legal capacity or their legal representatives. During the registration process, we create an individual user account for each user, which the user can keep up to date (“Account”).
3.2. Users are required to keep the login credentials they selected during registration (email address and password) confidential and to protect them from unauthorized access by third parties. Users must immediately report any suspicion of misuse or unauthorized access to their account in writing to influence.vision. influence.vision is not liable for damages resulting from misuse, loss, or disclosure of login credentials by the user or third parties attributable to the user.
3.3. All information provided during registration and subsequent use of the account must be truthful. If the user’s information changes, it must be corrected in the respective account immediately.
3.4. influence.vision cannot verify the accuracy and completeness of the information provided by users during registration and use of the account and is not responsible for this. Furthermore, influence.vision cannot verify and is not responsible for whether the user possesses the licenses and (business) permits required for their activities.
4. CONTENT PROVIDED BY THE USER
4.1. Users have the option to upload content, including text and images, or to post links on our platform, thereby making such content visible to other users (“User Content”).
4.2. The respective user is solely responsible for ensuring that the User Content they provide complies with applicable legal provisions, does not infringe upon the rights of third parties, and is neither offensive nor inappropriate. influence.vision is not responsible for the accuracy or legality of the User Content provided by the user.
4.3 Furthermore, the user is responsible for ensuring that they possess all necessary rights, authorizations, consents, licenses, and permissions regarding the provided User Content to upload or share it on our platform and to grant influence.vision the rights of use in accordance with Section 7.1.
4.4. The user must immediately notify influence.vision of any legal disputes, claims, or actions by third parties in connection with the user content to give influence.vision the opportunity to delete or block the respective content.
4.5. influence.vision is not obligated to review, monitor, or edit the user content. If the User Content provided by the user violates these Terms of Service, applicable legal provisions, or the rights of third parties, the user is solely responsible for the resulting consequences and must indemnify and hold influence.vision harmless from all claims and demands by third parties (including court and attorney’s fees).
4.6. We reserve the right to delete, block, refuse, or restrict access to User Content provided by users without stating reasons, particularly in the event of a suspected violation of these Terms of Use, applicable laws, or the rights of third parties.
5. OBLIGATIONS OF THE USER
5.1. The user is obligated to provide all information on our platforms truthfully and to the best of their knowledge and belief. In particular, the information provided by the user must not be false, misleading, deceptive, or otherwise misleading.
5.2. The user is personally responsible for complying with applicable legal provisions. In particular, the user is responsible for obtaining and maintaining the licenses and (business) permits required for their activities. Furthermore, the user is personally responsible for complying with tax regulations.
5.3. Users are obligated to immediately delete any prohibited user content or to notify influence.vision in writing of a potential legal violation so that we can remove such content immediately.
5.4. Users are obligated to use exclusively the platforms provided by influence.vision for interaction and communication with one another. In particular, it is prohibited for users to circumvent the platforms or to use the platforms solely for the purpose of seeking contacts and subsequently communicating and entering into collaborations outside the platforms after influence.vision has been instrumental in facilitating the connection.
5.5. In the event that users circumvent or attempt to circumvent the obligation set forth in Section 5.4 (e.g., to avoid paying a referral fee), each party is obligated to pay influence.vision a contractual penalty of EUR 20,000.00, regardless of fault. influence.vision reserves the right to claim additional damages.
5.6. It is important that our platforms are used safely and in accordance with applicable laws and regulations. Therefore, users are specifically prohibited from using the platform (“Restrictions on Use”):
a. to make false statements or misrepresent their identity, or to provide, upload, or link to unlawful user content;
b. to infringe upon the rights of third parties or otherwise provide, upload, or link to unlawful content;
c. to provide, upload, or link to user content that violates legal provisions or is otherwise incompatible with these Terms of Use;
d. to provide, upload, or link to User Content that may infringe upon intellectual property rights or other rights of third parties, including trademark, copyright, patent, and personality rights;
e. to promote illegal activities or to advertise, promote, or support illegal activities;
f. Submit material or content that is pornographic, obscene, inappropriate, abusive, threatening, harassing, defamatory, hateful, harmful, offensive, libelous, racist, xenophobic, shocking, illegal, or otherwise objectionable;
g. Decompile, disassemble, reverse engineer, copy, or otherwise make our platforms available to third parties without authorization;
h. “Crawling,” “scraping,” “caching,” or otherwise searching the content of our platforms through automated means;
i. Conducting unauthorized promotional activities or providing promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”;
j. Use our platforms in a manner that (i) may interrupt, slow down, or otherwise impair the functionality of the platform, (ii) could lead to a disruption of the platforms or the IT infrastructure used, (iii) impairs system resources, (iv) subjects the platforms’ infrastructure to a disproportionate load, or (v) constitutes an attack on the security and authentication measures of the platforms or our IT infrastructure;
k. To use the platforms for any purpose other than those for which they were developed and made available to the user.
5.7. The User indemnifies influence.vision against all claims, damages, liabilities, costs, losses, and expenses arising from (i) a culpable breach of these Terms and Conditions by the User, (ii) a culpable infringement of third-party rights by the User, and/or (iii) culpable damage to influence.vision or third parties caused by User Content or the use of the Platforms.
5.8. In the event of a breach of the obligations under Section 5.6, influence.vision is also entitled to terminate the contract with the user for cause. Furthermore, a breach of Sections 5.6(c), 5.6(e), or 5.6(f) entitles influence.vision to demand a no-fault contractual penalty from the User in the amount of EUR 50,000.00 per breach for the reputational damage suffered. Further claims for damages remain unaffected.
6. BLOCKING AND DELETION OF ACCOUNTS
6.1. influence.vision reserves the right, at its sole discretion, to suspend or delete accounts, warn other users, or issue a warning to the user in question, particularly if it can be assumed that
a. The user or the account to be suspended may impair the reputation or ongoing operation of the respective platform;
b. The user has provided false, misleading, or unlawful information or user content;
c. The user harms, impairs, or disrupts influence.vision or other users;
d. The user no longer uses the respective platform due to prolonged inactivity;
e. The user violates these Terms of Service or applicable legal provisions.
7. INTELLECTUAL PROPERTY RIGHTS AND GRANT OF RIGHTS
7.1. By uploading or providing information and user content, the user grants influence. vision the non-exclusive, transferable, sublicensable, royalty-free, worldwide, perpetual, and revocable right to use, store, reproduce, publish, and distribute the content provided by the user to a reasonable extent, in particular to display and illustrate the respective content on the platform.
7.2. In the event that the user deletes their account, details, or user content, the deleted information will be removed from our platforms within a reasonable period of time. However, due to the viral nature of online content, deletion from our platforms does not affect potential dissemination to third parties. This applies in particular if the respective content has already been shared with others (by the user themselves or by us), as the use of the content by these third parties is beyond our control.
7.3. Apart from the content provided by users, all the peculiar elements of our platforms, such as texts, images, illustrations, the design and structure of the platform and the contents of the database, are protected by copyright and intellectual property laws. These elements may not be reproduced, distributed, transmitted, made available, presented, performed, modified, translated or used in any other inadmissible manner without the consent of influence.vision.
8. FEES AND TERMS OF PAYMENT
8.1. The fee payable by the user to influence.vision will be agreed upon in detail with the user. Unless otherwise agreed, the current price list of influence.vision applies. If necessary and subject to an express written agreement, influence.vision will provide its services free of charge to certain user groups until further notice.
8.2. Unless otherwise agreed in writing, influence.vision’s invoices are issued monthly in advance in electronic form. All invoices are due without deduction within 14 days of the invoice date. Payment shall be made by bank transfer to the bank account specified by influence.vision.
8.3. Users shall bear all costs and expenses associated with their payment, such as processing fees, exchange rates, and bank charges. Furthermore, users are obligated to comply with the applicable tax regulations in their own jurisdiction.
8.4. In the event of late payment, influence.vision is entitled to charge late payment interest at a rate of 9.2% per annum, as well as the reminder and collection costs necessary for appropriate enforcement.
8.5. The user is not entitled to set off counterclaims against influence.vision or claims against third parties in connection with influence.vision’s services, nor to withhold payments on the grounds of defects. The user is only entitled to set off claims or assert a right of retention against claims that have been expressly acknowledged by influence.vision or have been legally established.
9. WARRANTY
9.1. influence.vision provides its platforms “as is,” with the latest features and with due care. However, it is not possible to completely avoid errors or interruptions in availability. influence.vision cannot guarantee the accuracy, reliability, quality, suitability, security, completeness, or timeliness of the platforms and their content—even taking into account the risks associated with using the Internet. We will, however, endeavor to appropriately remedy any significant errors that are detected or reported
9.2. influence.vision is not obligated to provide a specific IT infrastructure and therefore does not guarantee the uninterrupted availability of the platforms. Temporary interruptions may occur.
9.3. influence.vision reserves the right, at its sole discretion, to perform maintenance work on the platforms when necessary. This may result in interruptions in availability. Where possible, influence.vision will notify users of such maintenance windows in advance.
10. LIABILITY
10.1. influence.vision is not liable for damages caused by slight negligence. Compensation for indirect damages, consequential damages, unrealized savings, lost profits, and damages arising from third-party claims is also excluded.
10.2. This disclaimer of liability does not apply to damages caused by gross negligence or intent, or to damages resulting from injury to life, limb, or health of persons, nor to claims under the Product Liability Act.
10.3. The user must prove the existence of intent or gross negligence. Claims for damages are subject to a one-year statute of limitations. Furthermore, influence.vision is not liable for damages resulting from force majeure (e.g., strikes, war, natural disasters).
10.4. Furthermore, influence.vision is not liable for damages resulting from force majeure (e.g., strikes, war, natural disasters).
10.5. The use of information or materials provided by our users on the platform is at your own risk. It is the responsibility of users to review the respective user content of others and ensure that it meets their expectations.
10.6. Our platforms may contain links that provide access to third-party websites or services (“Third-Party Services”) that are not owned or controlled by us. Such Third-Party Services may be subject to their own terms of use. We do not control Third-Party Services and are not responsible for their content. influence.vision is therefore not liable for the technical availability of Third-Party Services, their content, advertising, products, and/or services.
11. DATA PROTECTION
influence.vision complies with applicable legal provisions, in particular the Data Protection Act (“DSG”) and the EU General Data Protection Regulation (“GDPR”), regarding the collection, processing, and use of personal data. For more information on the processing of personal data, please see our Privacy Policy.
12. TERM AND TERMINATION
12.1. The user agreement concluded between influence.vision and the respective user through registration is entered into for an indefinite period.
12.2. Users may terminate the user agreement at any time in writing (by mail or email).
12.3. influence.vision is entitled to terminate the user agreement with the respective user at the end of each month.
12.4. The possibility of termination without notice for good cause remains unaffected by these provisions.
13. SPECIAL PROVISIONS FOR THE PROCUREMENT OF CONTRACTS BETWEEN INFLUENCERS AND BRANDS/AGENCIES
13.1. General Information
13.1.1. influence.vision provides users with an “agency” platform at https://app.influencevision.com/. This platform enables brands/agencies on the one hand and influencers on the other to get in touch with one another and agree on collaborations or advertising campaigns.
13.1.2. For the purpose of mediation, influence.vision presents the brands/agencies as well as the influencers and their user-generated content on the platform and offers them a communication channel, a tool for negotiating contracts—including the associated terms and conditions—and a conflict management tool.
13.1.3. influence.vision acts as an intermediary for the users and enters into an agency agreement with both the brands/agencies and the influencers. The contract for the respective campaign is then concluded directly between the respective brand/agency and the influencer, with the terms negotiated and agreed upon directly between these parties. influence.vision therefore assumes no liability for contracts concluded between users, even if the respective contact was established through influence.vision, as influence.vision is not a party to these contracts.
13.1.4. influence.vision therefore does not act as an agency itself and does not intervene in the contract negotiations or the content of the contract between influencers and brands/agencies. Rather, influence.vision merely facilitates and enables the conclusion of contracts between brands/agencies and influencers.
13.1.5. influence.vision therefore acts as an intermediary both on behalf of and for the account of the influencers and on behalf of and for the account of the brands/agencies. influence.vision is therefore a commercial agent. The duration of its activity as a commercial agent is linked to the term of the user agreement and ends automatically upon its expiration.
13.1.6. influence.vision acts as a commercial agent for multiple influencers or brands/agencies and, during an ongoing business relationship, also enters into contracts for competing services on behalf of others. influence.vision always strives to facilitate campaigns by presenting influencers and brands/agencies on the platform. influence.vision owes no further effort or even success. influence.vision owes no further effort or even success.
13.2. influence.vision’s Activities as a Commercial Agency and the Conclusion of Contracts
13.2.1. influence.vision offers both influencers and brands/agencies the opportunity to present themselves on the platform and invite the other party to submit an offer to enter into a collaboration, subsequently negotiate the terms, and conclude the contract via the platform.
13.2.2. To this end, brands/agencies first outline the basics of the planned collaboration in a specific “briefing” or invite influencers to submit an offer for a potential collaboration. The briefing must contain at least the following minimum information so that influencers can subsequently submit a binding creative offer:
• For how long and in which countries should influencers support an advertising/PR campaign?
• For which advertising initiative should the influencers’ content be displayed?
• Through which channels (e.g., Facebook, Instagram, blogs, TikTok, etc.), in what format (e.g., videos, posts, stories), and how often (e.g., three times a month, every other Sunday, etc.) should influencers support the advertising/PR campaign?
• What usage rights regarding time, subject matter, and territory are granted to the influencer for the provided materials (branding, concepts, other content)?
• What usage rights do brands/agencies require for content created by influencers (e.g., for the brand/agency’s own secondary use of a post) regarding time, subject matter, and territory? Are the rights of use granted for a fee or free of charge?
13.2.3. Influencers then have the opportunity to submit a concrete and binding proposal, including financial terms (“creative proposal”). influence.vision forwards these creative proposals, supplemented with additional information about the respective influencer and their activities, to the brands/agencies and specifies both the fee offered by the respective influencer and influence.vision’s commission. The brands/agencies can then accept or reject the influencers’ creative proposals directly via the platform, or negotiate the terms with the influencer.
13.2.4. All information, documents, communications, disclosures, and data, in particular trade or business secrets, exchanged between the parties must be treated as strictly confidential and kept secret by both parties. Confidential information also includes all analyses, data, studies, and results, as well as all documents, contracts, and other information disclosed between the parties or otherwise made known. In the event that influencers breach this confidentiality obligation, they are obligated to pay a strict contractual penalty of EUR 20,000 to the brands/agencies. The brands/agencies reserve the right to claim damages in excess of this amount.
13.2.5. The offer submitted by the influencer is valid for fourteen days from the date of dispatch. If the offer is modified, the fourteen-day period begins anew. The influencer is bound by their offer until either (i) the offer’s validity expires fourteen days after the date of submission, (ii) the influencer withdraws their offer, (iii) the brand/agency submits a counteroffer, or (iv) the offer is accepted by the brand/agency.
13.2.6. The counteroffer submitted by the brand/agency is valid for fourteen days from the date of dispatch. The brand/agency is bound by its counteroffer until either (i) the validity of the counteroffer expires fourteen days after the date of dispatch, (ii) the brand withdraws the offer, (iii) the influencer submits another counteroffer, or (iv) the influencer accepts the counteroffer.
13.2.7. Notwithstanding Sections 13.2.5. and 13.2.6., the Influencer or the Brand/Agency may unilaterally revoke the (counter)offer during the binding period upon payment of a flat cancellation fee of EUR 1,000.
13.2.8. Upon acceptance of a creative offer by the brand/agency or acceptance of the counteroffer by the influencer or the brand/agency, the corresponding contract for the provision of services by the influencer is concluded directly between the influencer and the respective brand/agency. This gives rise to influence.vision’s claim to the commission agreed upon with the user for the brokerage. If users attempt to circumvent the commission obligation, e.g., by shifting further coordination outside the platform, and influence.vision has been compensated for the brokerage, the consequences set forth in Section 5.5 apply.
13.2.9. Both the influencer and the brand/agency are responsible for selecting the right partner for themselves. influence.vision has no influence whatsoever on the selection of the two parties and makes no representations regarding the suitability of the selected contractual partner and is not responsible for this.
13.2.10. In addition to the actual brokerage activity, influence.vision prepares a report on the respective campaign for the brand/agency after the influencer has provided the service and makes this report available to the respective brand/agency via the platform.
13.3. Content of the Contract, Obligations and Rights of the Brands/Agencies
13.3.1. influence.vision acts solely as an intermediary and does not become a party to the contract between the brand/agency and the influencer. The specific terms of the agreement between the brand/agency and the influencer are therefore determined and agreed upon exclusively by them. Any issues in the relationship between the brand/agency and the influencer do not affect influence.vision’s entitlement to commission and do not justify any other claims against influence.vision.
13.3.2. This also applies to the use of content created by the influencer on behalf of the brand/agency (e.g., images or videos) and the associated intellectual property rights. This content may therefore only be reproduced, distributed, processed, made available, or otherwise used by the brand/agency in accordance with the rights granted by the influencer.
13.3.3. The respective influencer or the brand/agency is responsible for ensuring that the content created or published by the influencer complies with applicable legal provisions. influence.vision has no influence over the details of the agreement between the influencer and the brand/agency and therefore cannot verify the legality of the content and is not responsible for it. influence.vision therefore assumes no liability for content created and promoted by users, in particular for compliance with any legal labeling requirements under the Media Act, the Unfair Competition Act, the E-Commerce Act, the Audiovisual Media Services Act, and similar disclosure or advertising regulations. The user who publishes the content is primarily responsible for this. Accordingly, the influencer is obligated to correctly label their content as advertising.
13.3.4. influence.vision has no influence over the fulfillment of the contract between the brand/agency and the influencer. influence.vision’s commission claims therefore remain valid even in the event of disputes regarding the provision of services and in the event of defective contract performance, as influence.vision has rendered its own services through the successful brokerage of the contract.
13.3.5. The respective influencer is also obligated to handle the collaboration professionally and to be on schedule. This includes, for example, careful handling of borrowed test goods, coordination with the brand/agency regarding drafts, content, and reports, etc. The brand/agency is obligated to provide feedback and approve content within the agreed-upon timeframes. The brand/agency is obligated to notify the influencer in writing of any defects immediately—but no later than during the approval rounds. If no acceptance or approval deadlines have been agreed upon, the notification of defects must be made no later than 5 days after the service has been provided. If the brand/agency fails to provide timely or proper notification of defects, the service shall be deemed approved, and claims for warranty, errors, and damages arising from the defect are—to the extent permitted by law—excluded.
13.3.6. If the influencer breaches the obligation under Section 13.3.5, the influencer shall be directly liable to the brand/agency for the resulting damage. In the event of a delay in performance by the influencer, the brands/agencies are also entitled to reduce the agreed remuneration by 5% for each day or part thereof following the delay in performance. Furthermore, the Influencer indemnifies influence.vision against all claims asserted against the Brands/Agencies for this reason. influence.vision also reserves the right to suspend or delete the account of negligent Influencers who violate this provision at its sole discretion in accordance with Section 6.
13.4. Payment Conditions and Payment Processing
13.4.1. All payments between brands/agencies and influencers in connection with contracts brokered via the platform are processed by influence.vision.
13.4.2. For each brokered contract between a brand/agency and an influencer, influence.vision receives a commission from the respective brand/agency in the amount agreed upon and displayed on the platform, including applicable sales tax. The basis for calculating the commission payable by the respective brand/agency to influence.vision is the remuneration agreed upon between the brand/agency and the influencer for the mediated activity. The basis for calculation therefore also includes any additional services agreed upon between the brand/agency and the influencer, regardless of how these are agreed upon (e.g., via the text field or chat within the platform; other communication channels, e.g., via the Internet). These services are therefore also subject to the agreed commission. If no fee in euros is agreed upon between the influencer and the brand/agency, but the effort is compensated by the provision of a test product, influence.vision is entitled to invoice the brand/agency a flat fee for the brokerage services.
13.4.3. The provision of services to influencers is free of charge—until further notice.
13.4.4. The brand/agency shall pay influence.vision the fee agreed upon for the respective service plus the commission agreed upon with influence.vision. Unless otherwise agreed, payment to influence.vision must be made within 14 days of the invoice date.
13.4.5. After influence.vision has received the payment made by the brand/agency, influence.vision will transfer the amount agreed between the brand/agency and the influencer to the bank account provided by the influencer. Invoices may only be issued by influencers or their authorized management after the report has been fully submitted in the influence.vision Workspace. Submission must be made electronically via the designated area in the influence.vision Workspace. The payment term is 45 days from receipt of a correctly issued invoice. Incomplete or incorrect invoices will not be accepted.
13.4.6. Different payment terms may be individually agreed upon in the respective campaign briefing. For clarification, it is noted that influence.vision can only make payment to the influencer once the corresponding amount has been received by influence.vision from the brand/agency.
13.4.7 If influence. vision and the influencer agree on a shorter payment term deviating from Section 13.4.5, irrespective of receipt of payment from the brand/agency, the influencer assigns his payment claims against the brand/agency to influence.vision and provides influence.vision, free of charge, with all evidence, documents, and support necessary for the enforcement of the payment claims.
13.4.8. In the event of disputes between the brand/agency and the influencer regarding the proper performance of services, influence.vision may, at its sole discretion, act as a mediator. In this case, influence.vision is entitled to withhold a reasonable amount from the payment due to the influencer if influence.vision incurs additional costs due to the influencer’s culpable conduct.
13.4.9. influence.vision’s entitlement to commission from the brand/agency remains valid even if the contract between the brand/agency and the influencer is not fulfilled or not fulfilled properly for reasons beyond influence.vision’s control.
14. SPECIAL PROVISIONS FOR MANAGED SERVICES
14.1. Upon request, influence.vision assists brands/agencies in managing campaigns and identifying suitable influencers (“Managed Service”). influence.vision offers this Managed Service in addition to facilitating contracts between brands/agencies and influencers. In this context, influence.vision acts solely in an advisory and supportive capacity and therefore does not guarantee any specific outcome.
14.2. The brand/agency is obligated to provide the cooperation necessary for influence.vision to perform the Managed Services in a timely manner and free of charge (e.g., to provide the necessary information or to approve or reject influence.vision’s proposals within a reasonable timeframe).
14.3. Unless otherwise agreed, the fee payable by the brand/agency for the Managed Services is due only upon the successful facilitation of a contract with an influencer. In the event that the brand/agency suspends the provision of Managed Services for reasons beyond influence.vision’s control, influence.vision is entitled to reimbursement of the costs for the services actually rendered in accordance with influence.vision’s current price list.
14.4. In all other respects, the provisions of Section 13 also apply to Managed Services accordingly.
15. SPECIAL PROVISIONS FOR CONTENT REACH TECHNOLOGY
15.1. As an additional service, influence.vision offers brands/agencies the opportunity to boost the reach of their content and campaigns across all media and thereby reach additional target audiences. These Content Reach Services encompass a broad spectrum of content distribution services, ranging from social media ads and advertorials to multimedia advertising and in-blog advertising on the blogs of cooperating influencers.
15.2. In order to provide these services, the influencer must grant consent to the disclosure of relevant social media business partnerships (e.g., Facebook Business Partner) so that influence.vision can access the influencer’s content and promote it comprehensively.
15.3. The brand/agency is obligated to provide the necessary cooperation for the provision of Content Reach Services by influence.vision in a timely manner and free of charge to influence.vision (e.g., providing the necessary content or coordinating the media channels to be used).
15.4. With regard to in-blog advertising, the cooperating influencer is obligated to permit the integration of the brand’s/agency’s content into their blog, to maintain the necessary technical infrastructure on a permanent basis, and to integrate the code required for displaying the advertisement into their blog.
15.5. The fee to be paid by the brand/agency for the Content Reach Services shall be agreed upon in detail with influence.vision. Unless otherwise agreed, the current price list of influence.vision shall apply.
15.6. The fee to be paid by influence.vision to the respective cooperating influencer in connection with in-blog advertising shall be agreed upon in detail between influence.vision and the respective influencer.
15.7. All intellectual property rights to the Content Reach Technology itself remain with influence.vision. By providing content for Content Reach Services, the respective brand/agency grants influence.vision the non-exclusive, transferable, sublicensable, royalty-free, worldwide, perpetual, and revocable right to use, store, reproduce, publish, and distribute the content to the extent necessary to provide the Content Reach Services. The brand/agency is responsible for ensuring that it holds all necessary rights, approvals, consents, licenses, and authorizations regarding the provided content. It must also indemnify influence.vision in the event of claims by third parties.
16. SPECIAL PROVISIONS FOR AGENCY USERS – INFLUENCER MANAGEMENT AGENCIES
16.1. Influence.vision offers influencer management agencies the option to create an agency account. This agency account is used to manage multiple influencer profiles and to submit individual offers on the platform for each account.
16.2. Users of the agency account confirm that they are authorized to act on behalf of the influencer (e.g., to submit offers).
16.3. Users of agency accounts confirm that they hold the exclusive or non-exclusive distribution rights for the respective influencer channels they represent.
16.4. Users of the agency account confirm that they provide all relevant profile data for the influencers truthfully.
16.5. influence.vision assumes no liability for contracts and agreements concluded between the user of the agency account and the respective influencer, even if the contact was established through influence.vision, as influence.vision is not a party to these contracts.
16.6. The influencer offers submitted via the agency account include all costs for both the influencer and the commission of the representing influencer management agency. These must be stated in the offer as a total amount per social media channel. Any subsequent additional claims for further costs by the influencer management agency or the influencer are excluded.
16.7. influence.vision reserves the right to separate influencer profiles from an agency account,
• if expressly requested by the respective influencer, and
• if irregularities or violations are detected in relation to the influencer profiles created by the influencer management agency.
17. FINAL PROVISIONS
17.1. Should any provision of these Terms and Conditions be or become invalid, void, or unenforceable, this shall not affect the validity, enforceability, or effectiveness of the remaining provisions. In such a case, a provision shall be deemed agreed upon that comes as close as possible to the economic purpose of the invalid, void, or unenforceable provision and that is not itself invalid, void, or unenforceable.
17.2. These Terms and Conditions and the legal relationship between the users and influence.vision are governed exclusively by Austrian law, excluding conflict-of-laws provisions and the UN Convention on Contracts for the International Sale of Goods.
17.3. For all disputes arising in connection with these Terms and Conditions and the legal relationship between the users and influence.vision, the exclusive jurisdiction of the court competent for the first district of Vienna is agreed upon.