General Terms and Conditions
1. INTRODUCTION
These General Terms and Conditions constitute a legal agreement between you, as the user of the application available for download at: Google Play and Apple Store („FameUp App”) and INOVATIE ALIA SRL., a company incorporated and existing under the laws of Romania, registered with the Trade Registry under no. J22/410/2016, sole registration number RO35663871 and having its headquarters located at 12 Păcurari Alley, room 4, block G2, staircase B, room 4, 2nd floor, apartament 10, Iaşi City, Iași County, Romania, as owner of the FameUp App.
Throughout these General Terms and Conditions we will refer to you as “you” or “your”, and we will refer to INOVATIE ALIA SRL as “us”, “we” or “Inovatie Alia” and together as “we”.
2. APPLICATION
These General Terms and Conditions set out the general terms governing your access and use of the FameUp App either (1) as user of the FameUp App as a representative of a business or as a natural person, for own benefit, or (2) as user of the FameUp App as an influencer (as such term is defined below).
These General Terms and Conditions apply to you as soon as you first access the FameUp App, and you are deemed to have agreed to be bound by them upon such first access. When accepted by you, the General Terms and Conditions form a legally binding agreement between you and Inovatie Alia. If you do not wish to continue to be bound by these General Terms and Conditions, please stop using the FameUP App now.
3. LINKS TO OTHER AGREEMENTS AND/OR WEBSITES
In addition to these General Terms and Conditions, we will also enter into several other agreements.
As such, if you use the FameUp App a representative of a business or as a natural person for own benefit, you will also be bound by special terms and conditions (“License Agreement”). If you use the FameUp App as an influencer, you will also be bound by special terms and conditions (“License and Content Creation Services Agreement”).
Moreover, by accessing the FameUp App, you are deemed to have agreed to our Privacy Policy and Cookies Policy located at this page, that set out the details of how your personal data will be processed by us following your access of the FameUp App.
All users will take notice that the following types of content are prohibited: content that harasses, intimidates or incites hatred; content that includes obscene, vulgar or offensive language or gestures; content that promotes or encourages violence; sexual content or explicit nudity.
All these agreements we may enter into, and notices you are provided with from time to time in connection with your access and/or use of the FameUp App are referred to as “App Documents” and are intended to be consistent with each other and should be read and interpreted together. If a conflict arises, the terms of any agreement to which you agree after these General Terms and Conditions will prevail over the terms of these General Terms and Conditions, while the terms of these General Terms and Conditions will prevail over the terms of any agreement to which you agreed to or notices you were provided with before these General Terms and Conditions.
The FameUp App may contain links to other websites and/or social media platforms. These other websites and/or social media platforms are subject to the applicable terms and conditions of the said websites and/or social media platforms. You are encouraged to review these applicable terms and conditions before accessing, engaging or interacting with these links.
4. ACCESS TO THE FAMEUP APP
Your interactions and communications with us will take place almost entirely through the FameUp App. There are certain exceptions where we may interact and communicate with you via direct email, telephone or in person, as indicated in point 8 below, but in general you should expect that you will not be able to communicate with us via any means other than the FameUp App.
Following you downloading the FameUp App, you will be requested to create an account and provide in your profile certain information, as further described below:
4.1 ACCESS TO THE FAMEUP APP AS A REPRESENTATIVE OF A BUSINESS OR NATURAL PERSON FOR OWN BENEFIT
If you intent to access and use the FameUp App as a representative of a business or as a natural person, for own benefit, you will have to set up a Business Account and provide in your profile certain information such as full name, email address, phone number and password.
4.2 ACCESS TO THE FAMEUP APP AS AN INFLUENCER & ELIGIBILITY CRITERIA
If you intent to access and use the FameUp App as a person fulfilling the eligibility criteria as indicated below (“Influencer”), you will have to set up an Influencer Account and provide in your profile certain information such as full name, PIN (Personal Identification Number), date of birth, e-mail address, telephone number, country, city, address, postcode, bank and IBAN.
The following eligibility conditions apply when setting up an Influencer Account: you must connect at least 1 social platform (Instagram and/or TikTok) to your FameUp account. Also, you need to fulfill ALL approval conditions for at least 1 connected social platform:
- Your social profile must be public.
- You must have at least 500 followers on your social profile.
- Your engagement on the indicated social network profile has to be:
- at least 5% for INSTAGRAM (eg. if your profile has 5k follower’s, and the content posted does not attract more than 5% likes from your followers number, your access to FameUp App will be denied).
- at least 20% views for TikTok (out of the total number of followers; this percentage applies to your last 12-15 posts).
- You must have at least 6 public posts on your social profile.
We will notify any changes to these eligibility conditions in the FameUp App, upon registration and at any time thereafter.
After we have verified that your account meets the FameUp eligibility criteria, you will be able to access Offers for Collaborations published by Brands. If the Brands accept your request, you will provide Content Creation Services as per the Collaboration Requirements and License and Content Creation Services Agreement.
You can withdraw your earnings once you have reached the threshold equivalent to RON 200. In order for us to make payments to you, we are required by law to have your full name, PIN (Personal Identification Number), date of birth, e-mail address, telephone number, country, city, address, postcode, bank and IBAN.
– Information for bank transfer: full name, PIN (Personal Identification Number), date of birth, e-mail address, telephone number, country, city, address, postcode, bank and IBAN.
– Information for tax payments: full name, PIN (Personal Identification Number), country, city, address, postcode.
For certain operations, you may be required to provide data or documents confirming your identity or age for a particular activity. These are usually requested by other service providers or by public authorities. Failure to communicate with the influencer may result in termination or suspension of the influencer’s activities.
Influencer hereby assigns all Intellectual Property Rights which the Influencer owns over any content created as result of performing the Content Creation Services, as these rights are defined herein, including, without limitation the copyright over all works of authorship related to the performance of a Collaboration (the “Works”), as well as over other works of authorship which arise and/or may arise in the future from or in connection with the Works, to Inovatie Alia, for the entire duration of protection provided by law and with no territorial limitation (worldwide).
The total and exclusive assignment of all Intellectual Property Rights shall include all manners (modalities) set forth by law for the use of the Works in any form and on any support, including any form or support which may be developed in the future and is not set forth on the conclusion date of the Agreement, including, without limitation to, the right to use the works of authorship for any purpose, to reproduce and communicate them to the public by any means and on any support, to create derivative works, to grant licenses for use, distribution or export over them and to assign them in whole or in part to any third party.
The price for the total, exclusive and unlimited assignment in the territory of all Intellectual Property Rights is included in the Content Creation Fee communicated by the Influencer to us upon accessing a certain Campaign.
4.3 CONDITIONS WITH RESPECT TO THE BUSINESS AND INFLUENCER ACCOUNTS
Irrespective of the type of account you set up, all information provided must be current, correct, and complete. Incomplete, ineligible, or incomprehensible information will not be valid. You must be logged in to your Business Account or Influencer Account each time you want to use the FameUp App. You may not use another person’s account on FameUp App (whether such account is a Business Account or an Influencer Account) without their permission.
You are bound to comply with all applicable laws related to your contractual relationship with the FameUp App and all of its users.
You are solely responsible for maintaining the confidentiality of your account details and for any activity in your Business Account or Influencer Account. You may not post, transmit or share information on the FameUp App that you do not own or have permission to display, publish or post. You agree to indemnify and hold harmless each and any other user of the FameUp App having either a Business Account or an Influencer Account and Inovatie Alia from and against any loss, damages or costs arising from or in connection with any content you post on the FameUp App.
You agree to immediately notify Inovatie Alia of any unauthorized use of your Business Account or Influencer Account or any other breach of security. Inovatie Alia will not be liable for any loss or damage caused by non-compliance with this provision.
Inovatie Alia reserves the absolute discretion to terminate your Business Account or Influencer Account and/or access to the FameUp App if it believes that you are abusing or modifying the FameUp App in any way and/or that you have violated these General Terms and Conditions. Inovatie Alia reserves the right to recover damages or other compensation from the person who violated the aforementioned provisions.
5. USE OF THE FAMEUP APP
5.1 USE OF THE FAMEUP APP AS A BRAND
Once you set up the Business Account, you can start connecting with the influencers who use the FameUp App and that have an Influencer Account by creating a “collaboration” using the settings of the FameUp App.
Once you create an offer for collaboration, we will generate and send you the License Agreement.
All Offers for Collaboration published on the FameUp App must comply with the License Agreement and Publishing Guidelines.
Once an Influencer has accepted your Offer and you have confirmed their request to collaborate, you will enter into a collaboration with such Influencer („Collaboration”) and provide the details of each campaign („Collaboration Requirements”) the Influencer must respect in the performance of the Content Creation Services, as per the License and Content Creation Services Agreement.
5.2 USE OF THE FAMEUP APP AS AN INFLUENCER
Once you set up the Influencer Account, you can start connecting and collaborating with Brands that use the FameUp App and that have a Brand Account.
After we have verified that your account meets the FameUpp eligibility criteria, you will be able to access Offers for Collaborations published by Brands. If the Brands accept your request to collaborate, we will generate and send you the License and Content Creation Services Agreement. You will provide Content Creation Services as per the Collaboration Requirements, Publishing Guidelines and License and Content Creation Services Agreement.
You can withdraw your earnings once you have reached the threshold equivalent to 200 RON. In order for us to make payments to you, we are required by law to have your full name, PIN (Personal Identification Number), date of birth, e-mail address, telephone number, country, city, address, postcode, bank and IBAN.
6. INTELLECTUAL PROPERTY
For the purposes of these General Terms and Conditions, “Intellectual Property Rights” means any intellectual property rights (including industrial property rights) as well as any other similar rights which may exist anywhere in the world (worldwide), including but not limited to, copyright, neighbouring rights, rights similar to the copyright, sui-generis rights, including sui-generis rights over databases, other rights which may be subsequently acknowledged over databases, any rights in any computer software, any rights in any software and hardware configurations, rights to inventions, rights to a patent, rights arising out of a patent application, rights arising out of a patent certificate, rights related to a technical accomplishment, rights in utility models, rights arising out of an utility model application, rights arising out of an utility model certificate, rights arising out of a trademark application, rights arising out of a trademark certificate, rights in a geographical indication, rights arising out of a geographical indication certificate, rights in ornamental designs, rights arising out of ornamental designs applications, rights arising out of ornamental designs certificates, rights in topographies of semiconductors, rights arising out of certificates of topographies and semiconductors, commercial/trade name rights, domain names rights, know-how rights, rights in confidential information (including but not limited to trade secrets), as well as any other intellectual property rights and other similar or equivalent rights which exist or shall arise in the future worldwide, regardless of whether they are registered or not, together with their renewals, extensions, restitutions as well as all applications related to such rights (whether registered or not), all registrations and pending registrations regarding any of the above-mentioned rights, the benefit of any pending registration and the right to file for the registration of such rights, as well as all action-related rights, powers or benefits arising or resulting thereof, regarding any of the above-mentioned rights, including actions against infringement and the right to sue for recovering any damages for past infringements.
By accessing and/or using the FameUp App, you understand that Inovatie Alia is the owner of all Intellectual Property Rights over the FameUp App and no clause included in these General Terms and Conditions is construed as providing an assignment of the Intellectual Property Rights from Inovatie Alia to you.
By using the FameUp App, you understand that Inovatie Alia grants you for the duration of these General Terms and Conditions and within the territory of Romania, the limited right to use the FameUp App in order to facilitate your access to creating marketing campaigns or posts on social networks through influencers.
You shall NOT, without the prior written consent of Inovatie Alia:
- copy, sell, lend, give, market, divulge the software forming part of the FameUp App or in any other way make it available to third parties;
- (attempt to) reverse-assemble, reverse-compile or reverse-engineer the software forming part of the FameUp App; and
- reproduce or communicate to the public any part of the software code or other copyright eligible works relating to the FameUp App.
7. DISCLAIMERS
Inovatie Alia is not a financial, investment and/or legal advisor, neither does Inovatie Alia provide any financial, investment and/or legal services. The purpose of the FameUp App is to facilitate businesses to create marketing campaigns or posts on social networks through influencers.
We make no warranty or representation (express or implied) that the FameUp App will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will be compatible with all systems or that it will be secure.
No part of these General Terms and Conditions is intended to constitute advice, and the content of the FameUp App should not be relied upon when making any decisions or taking any action of any kind.
The FameUp App are provided “as is” and on an “as available” basis, and we give no warranty that it will be free of defects and / or faults.
We accept no liability for any disruption or non-availability of the FameUp App resulting from external causes including, but not limited to, equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.
To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential or special damages arising from your access and/ or use of the FameUp App or any information contained in it, and you use the FameUp App and their content at your own risk.
8. COMMUNICATION
Any notice from you to us in connection to these General Terms and Conditions and/or access and/or use of the FameUp App shall be given by email to contact@fameup.com.
If you have a complaint with respect to any aspect of these General Terms and Conditions and/or access and/or use of the FameUp App, you should report it to us immediately by sending an email, with the word “complaint” in the subject line, from the email address you provided in the Account to contact@fameup.com . We will send a response to your email within no more than 3 days after we receive it. We may need to ask you questions in order to understand the details of your complaint, and any questions we ask, as well as any response we give, will be sent by email to the email address you provided in the Account.
From time to time we may choose to not interact or communicate with you through the FameUp App. In this case, we may send you emails with information about these General Terms and Conditions and/or the FameUp Ap to the email address you provided in the account.
9. LIABILITY
You shall be liable to us for any loss or damage suffered by us as a result of any breach of these General Terms and Conditions or of any access and/or use of the FameUp App that is illegal.
Subject to further limitations and exclusions set forth in other App Documents, we shall indemnify you only for damages caused to you by any wilful breaches by us of these General Terms and Conditions.
For the avoidance of doubt, we shall not be liable for any losses incurred by you where we have performed our duties and functions as such are set forth in these General Terms and Conditions. We shall not be liable in connection with any error or inaccuracy in the information that you give us in the Account. We shall not be liable to you for any indirect, consequential, loss, damage, cost or expense, unforeseeable losses or damages, loss of profit or loss of business.
10. FORCE MAJEURE
A party shall not be in breach of these General Terms and Conditions and shall not be liable or have responsibility of any kind for any loss or damage incurred as a result of any case of force majeure, as provided by the governing law of these General Terms and Conditions.
11. TERMINATION
We may terminate your access to the FameUp App by a termination notice to your email address with an immediate effect, without any other judicial or extra judicial formality, if Inovatie Alia deems that you are abusing or modifying the FameUp App in any way, that you have made fraudulent or innacurate representations, and/or that you have violated these General Terms and Conditions, Publishing Guidelines, or any subsequent agreement we enter.
Furthermore, we may terminate your access to the FameUp App and cease to provide the services through the FameUp App by simple notice to your email address with an immediate effect, without anyother judicial or extra judicial formality, if:
- required to do so by law or an authority’s decision or because Inovatie Alia ceases to provide access to the FameUp App for any reasons; or
- Inovatie Alia deems that the provision of access to the FameUp App is no longer commercially viable.
12. ASSIGNMENT
We may assign our rights and/or obligations under these General Terms and Conditions without your prior consent to a credible provider of similar services.
13. NO PARTNERSHIP OR AGENCY
These General Terms and Conditions shall not be construed so as to create a partnership or joint venture between you and us.
14. NO WAIVER
In the event that either you or we fail to exercise any right or remedy contained in these General Terms and Conditions, that does not mean you or we (as applicable) have waived that right or remedy.
15. SEVERABILITY
If any provision of these General Terms and Conditions shall be judicially determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions thereof shall not in any way be affected or impaired thereby.
16. GOVERNING LAW AND DISPUTES
These General Terms and Conditions and the relationship between you and us created by it shall be governed by and construed in accordance with the laws of Romania without regard to its conflict of law rules.
Any dispute in connection with these General Terms and Conditions shall be submitted to the exclusive jurisdiction of the competent courts from Inovatie Alia’s headquarters.