General terms of use, contract and privacy with Gravity
The holder of this mobile application is Kasitoko Limited Liability (hereinafter, "kasitoko"), with the following Tax Identification Number B: 95849840, which complete data is available on the legal notice. The holder defined the present document whereby the general terms of use are held than links the holder with users of kasitoko’s application (hereinafter called "kasitoko" or "application") for the services offered from the domain http : //kasitoko.com and mobile application Gravity
With the app installation developped by kasitoko, the user accepts their affiliation to the network Gravity (By Leadist SPRL) with the following Tax Identification Number BE 38132548693372
The terms of use described below are a binding contract that regulates the relationship between the holder company of kasitoko and the app users Gravity who at the same time are users with social networks accounts on Twitter, Instagram or Facebook (hereinafter called " users "or" influencers ").
The acceptance by the user of this general terms of use is an essential condition to use the application. The user must be 18 years or older and have the sufficient legal capacity to accept to the general terms of use herein inserted.
The access to the application is conditioned to reading and acceptance of the general terms of use on behalf of the user, including any additional clauses to which they refer.
What is Kasitoko
kasitoko is a SaaS technologic tool that allows users with social network accounts on Twitter, Instagram or Facebook, to get in contact with brands and companies-known advertisers- through a influencer network, to develop advertising campaigns through sponsored mentions.
Obligations of users kasitoko
The user agrees to comply with the general terms of use and to act according to law and good will. It also undertakes to not take actions that may damage or impede the normal operation of the application and the rights of the application holder, or any third party application user.
kasitoko ensures the proper provision of services set out in this general terms of contract, whenever the user properly use the platform made available.
kasitoko is not responsible for verifying the user's identity and disclaims any responsibility for the identification on the platform with false data or without the proper capacity of representation by the user.
kasitoko is not responsible for security errors or damage that may be caused to the user's computer equipment, files, or data stored on it as a result of viruses, misuse of the computer or mobile device, or misuse of the non updated versions of the browser or application or for the access to the application.
The access to kasitoko and the non-consensual use of the information contained in the application is the sole responsibility of who is carrying it out. kasitoko not responsible or liable for any loss or damage resulting from such use or access.
The access to the platform is subject to third-party services and supplies including the data transmission through telecommunications networks. The suspension or inaccessibility to the platform for such circumstances is not responsability of kasitoko.
Industrial and Intellectual property of the website, application and platform content
All the contents of kasitoko; the latter, including without limitation, texts, multimedia content, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound related to sponsored actions, as well as their graphic design and source codes, are the intellectual property of kasitoko or third parties, without being transferred to the user any of the exploitation rights recognized by current legislation on intellectual property on them.
The brands, trade names or logos appearing on the site and application of kasitoko are owned by the company holding kasitoko or third parties, this may not be construed that access to kasitoko attributes any rights over them, not being responsible the holding company of kasitoko for the illegitimate use that third parties may make of the brand names, trademarks and product or distinctive signs that are not property of the entity, appear in kasitoko.
General terms of contract
These general conditions of contract supplement the kasitoko general terms of use and regulate the service provided to the user for the purposes of this contract by the holder of the application.
The user of the service must have the necessary legal capacity to contract established by the law of the country of which the user is national nationality. In Spain the age is eighteen (18) years.
When the user acts on behalf of a legal person may only accept these conditions of contract if the user has the proper powers of representation.
Who can use the app of kasitoko
The influencers (unless otherwise indicated in these conditions), they can earn money by making sponsored actions or analysis of products or services giving their opinion about products and services in social networks.
Registration at kasitoko
Recruitment and use of the services offered through kasitoko requires registration on the application by the user.
The data provided by the user must be accurate, current and truthful. The user is the sole responsible for any errors or false registration data provided.
The registration application requires choosing a password. The password must be personal and non-transferable for each registered user. The user agrees and is solely responsible for properly maintaining the custody and confidentiality of their password and not to communicate it to others. The misuse of the application by any unauthorized third party that uses the password because of communication or loss by the user will be the sole responsibility of the of the user
In case of suspicion by the user, or those on their behalf and duly authorized to manage their accounts, that the confidentiality of their password has been compromised, the user should proceed to immediately change it via the user profile.
The registration data that are requested to influencers including and not restricted are those that follow:
- Email contact
- Name and surname
- NIF / NIE / CIF/ ID
- Country
- City
- Birthdate
- Gender
- Payments methods
- Permissions on your account or Twitter accounts, your account or Facebook accounts, or your account or Instagram accounts.
- Select a category from each of the accounts that you added.
The processing of personal data requested for the registration on the platform shall be subject to the privacy policy defined by the owner of the application.
Use of kasitoko
After completing the registration, the influencer will request discharge of their social networks accounts in kasitoko, and define the profiles and characteristics of them (account type, categories, and information about his/her followers such as age, gender or location thereof). The influencer may request registration of as many accounts as he/she wants, provided that those accounts are of owned.
kasitoko analysts and partners from the influencers networks will review the accounts that will be validated according to whether they meet the conditions and requirements to access the platform. kasitoko reserves the right to reallocate the characteristics of the accounts determined by the influencer (account type, categories and information on most of his/her followers as age, gender or location thereof) for the proper functioning of the platform and development of the campaigns by advertisers and influencers.
To ensure a minimum quality to advertisers, the influencer may request access to a Twitter account to the platform as long as they have at least 100 followers, 30 published tweets in the past 2 months and that their tweets are public.
Regarding Facebook, the access can be requested in kasitoko provided that the account have at least 30 fans and have made at least 30 publications in the last two months.
Regarding Instagram, you can request access in kasitoko provided that the account has at least 20 publications in the past two months.
The access request does not mean that the accounts are accepted on the platform, as they must be reviewed by analysts of kasitoko and its partners from the influencers networks, who will check several quality indicators for the validation.
The influencer will receive a variable amount for each publication made in the relevant sponsored actions launched by the ad network to which belongs the influencer.
Price
Influencers on the platform set the price for which are interested in making sponsored publications.
Given the number of followers on social networks, the post made on the timeline and the average daily publications, will show to the influencer a price suggestion that he/she could charged for each share. If the influencer does not agree with the suggested price, this can be changed at any time.
Collection form of the influencers
The influencer network is responsible for the payment per sponsored campaign for influencers and will made payments directly to users for sponsored actions.
kasitoko not be liable at any time for the amounts and will be merely responsible to regularly report the amount that the user will bill to his/her ad network for the publication of the different campaigns.
Taxes and charges shall be as provided by law, and advertisers and influencers, or who in their name and duly authorized to manage their accounts, will be responsible for fulfilling the obligations related to labor, civil, commercial, tax and payment of Social Security to allocate its own staff to carry out their activities.
It is the responsibility of the user of the application to take the appropriate actions in order to be in line with the legal fiscal and social obligations of his/her country. Gravity and Kasitoko assume no liability in that respect.
Before taking part in campaigns, each participant must provide his/her personal information, including his/her national registration number in order to receive his/her payment. A tax statement will be provided to each person having received some payment in the application (first payment is done when the user gathers at least 75 € of gain).
Unsubscribe from the platform and termination of the contract
The user may terminate this contract unilaterally, and without justifying a cause. It will be sufficient to proceed to unsubscribe its profile from the section 'My profile in the administration panel from the platform.
The unsubscription from the service, whatever the its reason for, will involve the elimination of all historical information about the user and their interactions with the existing platform on their account, without prejudice to the obligations of blocking and deletion derived from the Organic Law on Data Protection for the holder of the platform.
Obligations regarding the use of the platform
The user agrees to comply with these general conditions of contract and to act according to law and in good will, not doing anything that harms, somehow, the holder of the present application or third users of the same.
The user has forbidden to distribute, introduce or store on the platform any content that is contrary to law or public order.
The user agrees to use kasitoko and all its content and services as stipulated in the law, morality, public order, and the general conditions of contract. It also undertakes to make an appropriate use of services and / or contents of kasitoko and to not use them for illegal or criminal activities which violate the rights of others and / or violate the regulations on intellectual property, or any other applicable legislation.
The user agrees not to transmit, introduce, disseminate, and make available to third parties any type of material and information (data, content, messages, prices, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order, and these General Conditions, including any that may infringe the intellectual property of Boom or may cause any type of alteration or damage to the platform or third-party equipment accessing such content .
The information received by the influencer in the campaigns is confidential. It is strictly forbidden to transmit, introduce, disseminate and make available to third parties any type of material and information (data, content, messages, prices, sound and image files, photographs, software, etc.) that was provided by the advertiser through kasitoko.
Influencers undertake that their publications and campaigns do not include content contrary to the rights and interests of third-parties, law, moral, or public order. Also, that sponsored campaigns comply with current advertising regulations (including General law of Advertising and special rules governing advertising activities), unfair competition law, rules on the provision of the information society and electronic commerce, legislation on consumers and users, of competition law and any other rules that may apply.
kasitoko reserves the right to block and delete influencers’ accounts as well as removing any publication when from such accounts, when through these publications and accounts the current legislation is breached or rights of others are violated, without being the account holders entitled to any compensation for such blockage, elimination or removal of content. For this purpose, the contact forms from the site are made available to the users to make any complaint concerning the content of publications or use of the accounts.
If the influencer, moto propio, issues publications that violate the rights of the advertiser or third parties, violates the laws in force in their publications, or make publications that are rude, obscene, or that violate the rights and interests of the advertiser, involve the immediate unsubscription from all his/hers accounts from the platform, without prejudice to the legal actions that the Advertiser wants to take against the influencer.
The user will be liable for damages and that may occur to owner company of kasitoko by breach of any of its obligations under these conditions.
Treatment of personal data
The treatment of personal data that is performed by the holder from the kasitoko platform is governed by the privacy policy defined on the site and the application, that is part of these general terms of contract, use of the website, and application.
Content and services linked through the website and application
The Kasitoko.com access service includes technical link devices, directories and even search tools that allow the user to access other pages and Internet portals (hereinafter, 'Linked Sites'). In any case, the existence of Linked Sites presuppose the formalization of agreements with the managers or owners thereof, or the recommendation, promotion or identification of kasitoko with demonstrations, content or services.
Those benefits and / or services offered by third parties are not owned or under the control of kasitoko.
kasitoko does not know the contents and services of the Linked Sites and therefore is not liable for damage caused by the unlawfulness, quality, unavailability, error or uselessness of the content and / or services of the Linked Sites or any other damages not directly attributable to kasitoko.
Thus, the user is solely responsible for the illegitimate use they make of the services, contents and links included in Kasitoko.com.
Disclaimer
kasitoko assumes no responsibility for updating kasitoko.com to keep the information up-to-date, or warrant that the information published is accurate or complete. Therefore, the user must confirm that the information published is accurate and complete before making any decision related to any service or content described in Kasitoko.com.
The user access to kasitoko does not imply for kasitoko the obligation to control the absence of viruses, worms or any other malicious software. It is responsibility of the user, in any case, to provide the appropriate tools for the detection and disinfection of damaging computer software
kasitoko is not responsible for any damage to the software and hardware of the users or third parties during the use of the services offered in Kasitoko.com and mobile application.
kasitoko is not responsible for damages of any kind held in the User resulting from failures or disconnections in telecommunications networks that produce the suspension, cancellation or interruption of service while providing the same or prior.
Intellectual property of the publications in the platform
All contents of Kasitoko.com; the latter, without limitation, text, photographs, graphics, images, icons, technology, software, links, and other audiovisual or audio content, as well as the graphic design and source code are kasitoko intellectual property or third parties, without being transferred to the user any exploitation rights recognized by current legislation on intellectual property on them.
The trademarks, trade names or logos that appear on the Web kasitoko.com are owned by kasitoko or third parties may not be construed that the access to Kasitoko.com attributes any rights over them, not being responsible kasitko for the illegitimate use that third parties may make of trademarks, trade names and product or distinctive signs that are not property of the entity appear in Kasitoko.com
Nullity or ineffectiveness of the clauses of these conditions of contract
If any clause in these General Conditions were declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect that provision or the part thereof that is null or ineffective, subsisting the General Conditions in everything else , considering that provision total or partially not included
Validity and modification of present general terms of use
These general terms of use and contract are valid from 1.8.2016.
The owner of the site and application reserves the right to modify them. In the event that the user does not accept the new general conditions of contract, he or she can have an anticipated termination of the contract without penalty. If the user does not dispute within the prescribed time or uses the platform under the new conditions, it is understood that the user accepts the modifications on them.
The current version of the conditions is published in this URL. It is the responsibility of the user to keep a copy of the accepted conditions for any subsequent claim concerning them.
Applied Legislation and competent jurisdiction
These Terms are governed by and construed, for any matter not covered in them, according to the Spanish legislation. Kasitoko SL and the user, attempt to resolve any dispute concerning in an amicable manner. If the amicable settlement is not possible, the parties agree to submit to the Courts of the city of Bilbao (Spain) in the case of legal and professional people and, in the case of consumers and users, to the jurisdiction provided for by law regulations to that effect.
