Welcome to InfluencerHarbor. These Terms of Service ("Terms") are a legally binding agreement between you and InfluencerHarbor ("Company," "we," "us," or "our") governing your access to and use of our website, applications, and services (collectively, the "Service").
By clicking "I Accept," creating an account, or by accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
These Terms should be read in conjunction with our Privacy Policy, which is incorporated by reference into these Terms. Together, they form our complete agreement with you.
Important: These Terms contain an arbitration agreement and class action waiver in Section 17. Please review this section carefully, as it affects your legal rights regarding how disputes are resolved.
To use the Service, you must:
If you are using the Service on behalf of an organization, company, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" refers to both you individually and the entity you represent, and you agree that both you and the entity will be bound by these Terms.
To access certain features of the Service, you must register for an account. When creating an account, you agree to:
You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your account, whether or not authorized by you. We are not liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized access to your account.
We recommend using a strong, unique password and enabling any available security features such as two-factor authentication.
You may delete your account at any time by following the instructions in your account settings or by contacting us. Upon deletion, your right to use the Service will immediately cease, and we may delete your User Content in accordance with our data retention policies.
InfluencerHarbor provides social media management and analytics tools that enable you to:
The specific features and functionality available to you may vary based on your subscription plan and may be modified, updated, or discontinued from time to time at our discretion.
Third-Party Dependencies: Our Service uses the official APIs of various social networks (such as TikTok, Instagram, Facebook, YouTube, Twitter/X, and others). These platforms may make changes to their APIs or terms at any time, which may affect the functionality of our Service. We are not responsible for changes made by third-party platforms and cannot guarantee permanent compatibility with all social network APIs.
The Service is offered through various subscription plans, which may include free and paid tiers. Current plan details, pricing, and features are available on our website. We reserve the right to modify our plans, pricing, and features at any time.
For paid subscriptions, you agree to the following:
We may change our subscription fees at any time. If we change pricing for your current plan, we will provide you with at least 30 days' advance notice before the new pricing takes effect. Your continued use of the Service after the price change constitutes your acceptance of the new pricing.
You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:
All fees are non-refundable except as expressly stated otherwise or as required by applicable law. We encourage you to take advantage of any free trial period to evaluate the Service before purchasing a paid subscription. If you believe you are entitled to a refund, please contact us to discuss your situation.
If payment for your subscription fails or your account becomes delinquent, we may suspend or terminate your access to the Service. You remain responsible for all unpaid fees, and we reserve the right to collect fees owed using available legal means, including collection agencies.
Certain subscription plans allow you to create organization accounts with multiple users. If you create or administer an organization account:
Organization administrators have access to certain information about users within the organization, including names, email addresses, and activity within the Service. By joining an organization account, users consent to this access by administrators.
If you access the Service as a user within an organization:
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
We reserve the right to investigate and take appropriate action against anyone who violates these provisions, including removing content, suspending or terminating accounts, and reporting violations to law enforcement.
"User Content" means any content, data, text, images, videos, messages, or other materials that you submit, post, upload, or otherwise make available through the Service.
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:
You retain ownership of your User Content. However, by posting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform your User Content solely in connection with operating and providing the Service.
When you share User Content with other users through the Service, you grant those users a non-exclusive license to access and use that content as permitted by the functionality of the Service.
We do not have an obligation to monitor User Content, but we reserve the right to review, screen, edit, or remove any User Content at our sole discretion, including content that violates these Terms or that we find objectionable. We are not responsible for any User Content posted by you or other users.
If you provide us with feedback, suggestions, or recommendations regarding the Service, you grant us the right to use such feedback without restriction or compensation to you.
The Service and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, video, audio, design, selection, and arrangement) are owned by InfluencerHarbor, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes.
You may not:
InfluencerHarbor, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of InfluencerHarbor or its affiliates. You may not use such marks without our prior written permission.
The Service may contain links to or integrations with third-party websites, services, or applications ("Third-Party Services"). These Third-Party Services are not under our control, and we are not responsible for their content, privacy policies, or practices.
Your use of Third-Party Services is at your own risk and subject to the terms and conditions of those services. We encourage you to review the terms and privacy policies of any Third-Party Services you access through our Service.
The inclusion of any link or integration does not imply endorsement by InfluencerHarbor.
We strive to provide reliable access to the Service, but we cannot guarantee that the Service will be available at all times. The Service may be subject to interruptions, delays, or errors due to:
We will make reasonable efforts to notify you of scheduled maintenance when possible and to restore service promptly in the event of unplanned outages.
We are not liable for any loss or damage resulting from Service interruptions or unavailability.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to:
We do not warrant that the Service will meet your specific requirements or expectations. Any reliance on the Service is at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless InfluencerHarbor and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
You may terminate your account and these Terms at any time by canceling your subscription (if applicable) and deleting your account through your account settings or by contacting us.
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including but not limited to situations where:
Upon termination:
We will not be liable to you or any third party for any termination of your access to the Service.
Before initiating any formal dispute resolution proceeding, you agree to first contact us and attempt to resolve the dispute informally by sending a written notice describing the dispute to our contact address. We will attempt to resolve the dispute through good-faith negotiations for at least 30 days.
If we cannot resolve the dispute informally, you and InfluencerHarbor agree to resolve any disputes arising out of or relating to these Terms or the Service through final and binding arbitration, except as set forth below.
Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration will be conducted in English and held in the state where you reside or another mutually agreed location. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.
Class Action Waiver: YOU AND INFLUENCERHARBOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdiction. Either party may also seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
You may opt out of the arbitration agreement by sending written notice to us within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.
These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:
Changes will be effective upon posting unless we specify otherwise. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms.
If you do not agree to the modified Terms, you must stop using the Service and may cancel your account.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and InfluencerHarbor regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of InfluencerHarbor.
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.
These Terms do not create any third-party beneficiary rights.
The section headings in these Terms are for convenience only and have no legal or contractual effect.
By using the Service, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party services.
If you have any questions, concerns, or feedback about these Terms or the Service, please contact us:
9. Social Network Integrations
Connecting Social Accounts
The Service allows you to connect your accounts from various social media platforms, including but not limited to TikTok, Instagram, Facebook, YouTube, Twitter/X, LinkedIn, and Pinterest. When you connect a social media account, you authorize us to:
What We Do NOT Access
Third-Party Terms
Your use of connected social networks is also governed by their respective terms of service and privacy policies. You are responsible for complying with those terms. Key platform policies include:
Revoking Access
You may disconnect any social media account at any time through your InfluencerHarbor account settings. You may also revoke access directly through each platform's app permissions or security settings. Upon disconnection, we will cease accessing new data from that account, and you may request deletion of previously collected data.
API Changes
Social media platforms may modify, restrict, or discontinue their APIs at any time. Such changes may affect the functionality of our Service. We are not responsible for changes made by third-party platforms and cannot guarantee uninterrupted access to all features.