Terms & Conditions

Terms and Conditions of Service and Sale

[Latest version: July 2024]

The following terms and conditions of service and sale (hereinafter  "TOS") are the rules under which Buzzoole S.p.A. a limited liability company registered in Italy with Tax Number and VAT no. 05180070657 and registered office in Via Vannella Gaetani 27, 80121, Naples, Italy, with certified e-mail address buzzoolespal@legalmail.it  (hereinafter “Buzzoole”), regulates the access to and use of its technological platform, accessible through the website www.buzzoole.com and mobile app (hereinafter “Platform”), by the content creator (hereinafter "Influencer" or "Content Creator"), as well as the client, including, for example, a brand and talent agency (hereinafter, the “Client”), who register to the Platform (hereafter, jointly the Content Creators and the Clients, in the singular the "User" or, in the plural, the "Users").

Through the Platform, Buzzoole offers Users the opportunity to use the services offered by Buzzoole, detailed in the Article 6 below (hereinafter, the "Services"), including the service known as Buzzoole suite (hereinafter, “Buzzoole Suite”) available to Clients subscribing to the Platform, against payment of a fee and after selecting one of the packages offered on the Platform. 

These TOS shall constitute the general terms and conditions within the meaning and effect of Article 1341 of the Italian Civil Code and are, therefore, legally binding from the moment of their acceptance by Users.

Buzzoole reserves the right to modify these TOS at any time and to notify the User using the email address provided by the latter during registration. These TOS apply to Users who register from the date of their publication.  For those who have registered before, see the previous TOS. 

USE OF THE PLATFORM

  1. Registering on the Platform

    1.1 In order to access the Platform and to the Services, the User has to register on it at no cost for the first time and create his or her own account (hereinafter, the “Buzzoole Account”). 

    1.2 Once the Buzzoole Account has been created, the Services offered to Clients via the Platform are subject to payment. With reference to the one called Buzzoole Suite, please refer to the terms and conditions set out in the following articles. For all other services, please refer to the campaign-specific terms and conditions.

    1.3 In case the User is a Content Creator, the Content Creator proceeds to the first registration, using using their active account on one of the social media indicated on the login page (hereinafter "Social Media Account"); accordingly each subsequent access (hereinafter "Login") will take place through the use of the Social Media Account which, therefore, shall constitute the credentials for Login on the Platform (hereinafter the "Login Details").

    1.4 Should the Content Creator complete the first registration through the use of social media accounts belonging to organizations, entities, companies, foundations or in general to any legal entity, then such User confirms to have been authorized for the use of the relevant social media account, indemnifying Buzzoole from any form of liability, whether direct or indirect, arising from the improper use of the aforementioned social media accounts. 

    1.5 The User must have the minimum age of 18 years at the time of the registration on the Platform.  To this extent, any new User confirms, under their own responsibility, to be at least 18 years old, in compliance with the legal national and European framework

    1.6 At the time of registration, the Content Creator, in addition to accepting the TOS, accepts the privacy policy in accordance with Art. 13 of EU Regulation 679/2016 and may optionally give consent for his/her data to be processed for sending of commercial and/or promotional communications (so-called, "direct marketing".

    1.7 In the event that the User is a Client, the Client will proceed to the first registration, by entering the information required by the Platform, including, first name, last name, company email address, company name and website, as well as the budget available for Influencer Marketing; any subsequent access to the Platform, will be through the Login details created at the time of registration.

    1.8 When subscribing to the Platform, the Client declares that he/she has read the privacy policy in accordance with Article 13 of EU Regulation 679/2016 and may optionally give consent to receive Buzzoole's newsletter containing the most relevant Influencer Marketing news, trends and data.

    1.9 The User is the sole responsible for maintaining the confidentiality of their Login Detail and must notify immediately to Buzzoole any loss of exclusive control over this information. In the absence of such notification, the User shall be held responsible for any potential action or damage caused through the use of such credentials. 

    1.10 The Users shall be considered thoroughly and solely liable for any potential damage caused to Buzzoole or any third-party because of the inappropriate use of the Login Details. Except for the circumstances cited any operation carried out through the use of the Login Details shall be deemed to have been carried out by the User to whom the Login Details belong. Additionally, the User agrees that Buzzoole can use and track, as evidence of the operations processed, any data found through the IT system, also for the purpose of ensuring the correct functioning of the Platform.

  2. Creation and Use of the Buzzoole Account

    2.1 By using the Social Media Account chosen upon the registration or the Login Details , the User accesses their own reserved area on the Platform, through which they can receive the Services offered by Buzzoole. 

    2.2 In order to complete the registration on the Platform, the User shall be required to complete their Buzzoole Account, i.e. providing the requested personal data. In addition, the Content Creator will also include billing information, as well as any additional information required for payments. The User declares and confirms that any personal data provided is real and truthful and undertakes that any such data will be kept up to date for the entire term of these TOS. Finally, the User is aware that all the information required for the completion of the Buzzoole Account is necessary for the provision of the services referred to in the following Article 6 of this TOS. In any case, Buzzoole reserves the right to verify the identity of Users, the validity, truthfulness, completeness or authenticity of data, content, information or any other activity performed by Users within the Platform.

    2.3 Without prejudice to the provisions referred to in Article 1.3 above, and without Buzzoole being in any way responsible for the activities carried out through the aforementioned Buzzoole Account, Buzzoole reserves the right to access the User's Buzzoole Account, without the consent of the User, to solve technical issues. Furthermore, Buzzoole reserves the right to access the Buzzoole Account in the event of suspicion of illegal activities carried out by the User through their Buzzoole Account or if requested to do so by judicial authorities.

    2.4 By signing these TOS, the User declares to have understood and acknowledges the purpose and functionality of the Platform accessible through the Buzzoole Account and the relevant functionalities, in consideration of which, also taking into account their needs and its own devices, has come to the decision to enter into this Agreement.  Buzzoole, therefore, assumes no responsibility for this choice and the User remains solely responsible for it.

    2.5 In case of an interruption of the services offered through the Buzzoole Account, or if a technical failure or malfunction of the Platform depending on Buzzoole occurs, the User can contact the Buzzoole helpdesk service via the email customercare@buzzoole.com. In this circumstance Buzzoole, while not assuming any responsibility for the interruption of the service, undertakes to process the request within a reasonable and necessary time for the resolution of the issue, also taking into consideration the seriousness of the event.

    2.6 Should maintenance interventions relating to the Platform become necessary, Buzzoole may, in case of urgency, temporarily suspend the Buzzoole Account, even without notice to the Users.

    2.7 The User declares that he or she is of legal age and, in using the Platform and enjoying the Services, undertakes to:

    • use the Platform and related Services offered in compliance with the TOS and in accordance with the purposes and uses consistent with the law;
    • not encourage others to violate the standards of operation of the Platform;
    • not impersonate members of Buzzoole or other Users using a similar identity or any other means or device;
    • not use the Platform for illicit business proposals;
    • not perform spam actions, that is, to perform publications that in any way harm those who receive them or interfere in communication with other Users;
    • not induce or incite criminal, degrading, defamatory, violent or discriminatory actions due to reasons of sex, age, disease, religion, creed or condition;
    • not include, provide, or allow access to products, articles, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or generally contrary to law, morality, and decency;
    • not include or incite involvement in actions that are dangerous, risky or harmful to a person's health and psychological balance;
    • not use material and documents protected by third-party rights, industrial or intellectual property, without obtaining the necessary authorization from the legitimate rights holders; 
    • not violate the data protection regulations set forth in the GDPR;
    • not send viruses or other electronic or physical items that could damage or disrupt the normal operation of the network, system or computer and equipment belonging to Buzzoole or third parties;
    • not cause difficulties in normal service operations;
    • not provide information or personal data of third parties, without their prior permission.

  3. Provision of the Buzzoole Suite service 

    3.1 Following the creation of the Buzzoole Account, the Client has the option of subscribing to the Buzzoole Suite service, choosing one of the packages offered by the Company (hereinafter, the “Packages”).

    3.2 In the event that the Client chooses to subscribe to the Package that includes the support of a consultant (i.e. a Package tailored to the Client’s needs), the Client will be contacted by the Company's Sales Team with whom he/she will sign the terms and conditions for the provision of the Buzzoole Suite service. In this regard, please refer to the terms and conditions stipulated with the Sales Team.

    3.3 On the other hand, in the event that the Client chooses to subscribe to a Package other than the one referred to in point 3.2., offered, from time to time, via the Platform by the Company, the Client will proceed to the online purchase, according to the terms and conditions of payment described in article 7 of the TOS. The sales contract is finalized by clicking on the purchase and activation button for the selected Package.

    3.4 This information, including information on the different prices for each Package, can be displayed on the Platform when the Client logs in. Should the information not be sufficient, Buzzoole offers multiple channels to request further information, accessible from the reserved area of the Buzzoole Account, as well as in the manner set out in Article 6.2 below. In all cases, the information contained in the description of the Package, contained on the Buzzoole Suite service presentation page, shall be deemed authentic for the purposes of the contract for the sale and purchase of the Package. 

    3.5 If it appears that Packages cannot be generated after the Client has paid the subscription fee for the Package, Buzzoole shall notify the Client of the impossibility of generating the chosen Package and, if the conditions are met, shall proceed manually to activate the Package.

  4. Use of Personal Data and other information

    4.1 The User undertakes to provide Buzzoole, upon registering on the Platform, with real and truthful personal data and undertakes that any such data will be kept up to date for the entire term of these TOS. Accordingly, Buzzoole shall not be liable for any damage or loss which is or might be caused by a failure in updating the data from the User (i.e. the failure of receiving communications because of an old email address). 

    4.2 The Content Creator acknowledges and accepts that registration on the Platform takes place using their Social Media Account and that Buzzoole, at the time of the creation of the Buzzoole Account, acquires and can acquire from the Social Media Account chosen from time to time only the data for which the User has given access. In addition, the Content Creator may choose to link multiple social accounts of which he or she is the owner, authorizing Buzzoole to access the related information contained therein, for the purpose of taking advantage of the Platform Services, as further specified in 3.4 below. The user also remains bound to the terms of service specific to each platform. Here there is a non-exhaustive list of these terms: Youtube: https://www.youtube.com/t/terms ; Facebook: https://www.facebook.com/legal/terms ; Instagram: https://help.instagram.com/581066165581870 ; TikTok: https://www.tiktok.com/legal/terms-of-service , Twitter: https://twitter.com/en/tos ; Apple:https://www.apple.com/legal/privacy/data/en/sign-in-with-apple/ ; Google: https://policies.google.com/terms?hl=en-US.

    4.3 Buzzoole will process personal data exclusively for the purposes set out in the privacy policy in accordance with article 13 of the GDPR and in compliance with the consents given during registration. At any time, the User may modify the consents or, exercise rights, by writing to the contacts communicated by Buzzoole.

    4.4 In order to achieve increased utilization of the Services, so as defined in the below Article 5, Buzzoole shall develop "influencer profile" of the Content Creator, which is obtainable by measuring their degree of "influence" concerning certain topics, also through algorithms in use in the Platform (hereinafter the "Profile"). The measurement and collection of personal data necessary for the creation of the Profile will be made on each social media whose the relevant Social Media Account has been linked to the Buzzoole Account of the Platform, in compliance with the provisions of Article 3.2 above. The Profile, thus elaborated, will allow the User to use the services offered through the Platform. Particularly, the Content Creator authorizes that during the registration and creation of the Profile, that Buzzoole will access the information contained within its social profiles that it decides to link to the collection of this information is necessary to integrate the main Profile and to detect the influence and the audience. The terms and conditions of the processing of such data, as well as the type of authorizations requested, are accurately described in the Privacy Policy that is accepted at the moment of the registration and which can be consulted at any time in the Platform.

    4.5 The Client, in turn, may, through the Platform, view Content Creators. Please refer to the specific contractual terms and conditions for additional services reserved for Clients.

    4.6 Buzzoole reserves the right to include the User's name or pseudonym in the list of Users of its Buzzoole’s portfolio and/or in the marketing material, either on printed paper or on electronic format. 

  5. Agreement Duration and Withdrawal

    5.1 The subscription to the Platform is understood to be for an indefinite period of time, without prejudice to the User's possible unsubscription, which can be done: i) in the case of Content Creator, through the unsubscribe features, present within the Platform and in the restricted area; ii) in the case of Client, by sending a communication to the e-mail address dpo@buzzoole.com.

    5.2 If the notice is served during an ongoing influencer marketing campaign in which the User is participating, then the termination of this Agreement will be effective from the end of such influencer marketing campaign or, in any case,  subject to the conditions for the withdrawal from it, as indicated in the campaign terms ( hereinafter "TOC") specific to each campaign and the relevant Brief, as defined in the TOC, to which full reference is made. 

    5.3 The Buzzoole Suite service for Clients is available for the entire subscription period of the purchased Package, indicated at the time of purchase. The subscription will be automatically renewed for the same period indicated at the time of purchase. 

    5.4 Any withdrawal exercised by the Client from the Buzzoole Suite service shall be effective upon expiry of the subscription to the selected Package. In case of withdrawal, the Client shall not be entitled to any refund and shall continue to use the selected and purchased Package until the expiration of the period indicated at the time of purchase.

    5.5 If, during the course of the subscription to a Package, the Client decides to change the Package to one with a lower cost than the one initially purchased (i.e. ‘downgrade’), Buzzoole shall ensure the use of the Package initially purchased by the Client until the expiry of the subscription to the same. After that, the Client shall start using the Package with a lower cost, subsequently chosen.

    5.6 If, during the course of the subscription to a Package, the Client decides to change the Package to one with a higher cost than the one initially purchased (i.e. ‘upgrade’), Buzzoole shall automatically deduct the residual portion of the purchase price, calculated on the amount already paid, from the credit card indicated at the time of purchase and/or will be requested to pay the remaining sum. In this case, the Client shall start using the Package with a higher cost at the time of payment of the remaining sum, before the expiry of the subscription to the Package initially selected.

  6. Services and Client service

    6.1 Pursuant to the terms of these TOS, Buzzoole undertakes to render to the Content Creator the following Services:

    6.1.1 access to, and use of, the Platform to the User for the creation and development of their own Buzzoole Account and management of the relevant internal and reserved area;

    6.1.2 creation and development of the Profile through the Buzzoole application, accessible only through the Platform and subject to the connection to the Social Media Account selected and authorized from time to time by the User;

    6.1.3 proposal and promotion of the User’s Profile to Clients, as well as to all other parties who would request the same services from Buzzoole (by way of example, agency clients and various users) , who may select the promoted Content Creator for the creation and management of their influencer marketing campaigns, in compliance with the campaign terms outlined in the relevant Brief and the TOCs;

    6.1.4 creation of the Client profile and the related use of the Buzzoole Suite service reserved for Clients, in the various Packages. 

    6.2 Users may request information with respect to the Services specified above, send communications, request assistance, by writing to the Customer Service Department, which is available to all Users for any type of Service chosen by the User, in the following ways: by writing to the e-mail address customercare@buzzoole.com or by filling out a ticket at https://help.buzzoole.com/kb-tickets/new. Buzzoole is committed to responding to such communications as quickly as possible.

  7. Cost of the Services

    7.1 The Services provided by Buzzoole and regulated in this Agreement are provided free of charge, and the User is not subject to the payment. 

    7.2 All costs relating to devices, software, hardware and internet connection necessary to access the Platform are the sole responsibility of the User.

    7.3 The Buzzoole Suite service is subject to payment. Package prices are exclusive of the legally applicable VAT. 

    7.4 Payment shall be made via the Stripe online payment platform, in accordance with Stripe's terms and conditions to which reference is made, and shall be made by credit card, paypal and/or SEPA debit. 

    7.5 By continuing with the purchase procedure, the Client accepts the payment terms and conditions of the Stripe platform, which can be found on the website of the company , including the terms relating to the authorisation of the payment, as well as the verification of the outcome of the payment. 

    7.6 Buzzoole shall proceed with the generation of the Package only after receiving confirmation of the successful payment of the total amount from Stripe. In the event that the payment is not successful, Stripe shall return the error to the User and the Package shall not be made available to the User until the payment is finalised and the Client shall follow the instructions given by Stripe. 

  8. Invoicing 

    8.1 In the case of online purchase of one of the Buzzoole Suite Packages, the invoice, upon selection of the option on the Stripe payment page during the purchase process, will be provided to the Client in XML format through the interchange system (SDI) of the Italian Revenue Agency, if the Client declares to be a VAT number holder and fills in the data therein. Alternatively, in the event the Client selects the profile declaring that he/she is not a VAT holder, the invoice will be delivered to the Client by making it available in his/her reserved area of the Agenzia delle Entrate website

    8.2 Following the purchase, the Customer shall receive an e-mail as indicated in Article 3.3 above.

  9. Warranties and Limitations of Liability

    9.1 Buzzoole will put every reasonable effort to provide the User with continuous access, without interruption, to the contents and Services offered through the Platform but shall not, under any circumstances, be held responsible if one or more of the Services or contents may be temporarily inaccessible to the Content Creator. By way of example, Buzzoole shall not be liable for any interruption of the services occurring by reason of force majeure or malfunctioning of services due to telephone lines or electricity networks failure, either national or international. 

    9.2 Furthermore, Buzzoole, subject to the limitations set forth in the Article 1229 of the Civil Code, shall not be held responsible for any potential damage suffered, directly or indirectly, by the User or by third parties arising from or connected to the use of the Platform.

    9.3 Buzzoole is also not responsible for the verification of data, news, information, and, in general, for the content of the material distributed through the Platform, the reliability and security of such content and widespread links by third parties and for the use of such data and content by the User. Particularly, the User is, and shall be, solely and exclusively responsible for the use of data, news, information, and any material and content distributed through the Platform.

  10. Use of the Platform – Invitation to Participate in the Campaign

    10.1 The registration on the Platform does not give any right to participate in the influencer marketing campaigns managed by Buzzoole (hereinafter "Campaign" or "Campaigns"); it will be Buzzoole that, at their sole discretion, will offer the Content Creator to the Client, as well as to all other parties who would request the same services from Buzzoole (by way of example, agency clients and various users) depending on the type of campaign commissioned, the engagement in a Campaign to run through the Platform. The Content Creators will be automatically selected by Buzzoole based on the type of their Profile and proposed to the Client as well as to all other entities that would require the same services as Buzzoole , who will be asked to confirm Buzzoole's interest as to whether engaging the proposed Content Creator or not.

    10.2 The Content Creator is aware that each Campaign will be governed by specific TOCs and by the specific rules indicated in the Brief. If the terms of the Brief and the TOC should be conflicting with this TOS, then the Brief and the TOC will prevail over this TOS.

  11. Intellectual Property

    11.1 The Content Creator acknowledges and confirms that Buzzoole owns all the intellectual property rights of each component of the Platform (e.g. text, images, videos, software, etc.) made available to the User. . To this extent, the Content Creator declares to be not entitled to claim for rights on, or in, patents, copyrights, databases, trade secrets, trade names, registered trademarks (registered or not yet registered) or in any case for any other right or license relating to the Platform.

  12. Governing Law and Jurisdiction

    12.1 These TOS shall be governed by and construed in accordance with the laws of Italy.

    12.2 If any undertaking or other provision in these TOS shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law, such undertaking or other provision or part thereof shall, to that extent, be deemed not to form part of this TOS but the enforceability of the remainder of the undertakings and other provisions of this TOS shall not be affected;
    These TOS are to be deemed as a courtesy translation to English of the original TOS in Italian. In case of any conflict between this version and the TOS in Italian, the latter shall prevail.  

    12.3 Any dispute relating to the validity, effectiveness, interpretation or execution of the TOS or otherwise related or connected thereto shall be submitted to the exclusive jurisdiction of the Court of Naples.