These Terms of Service constitute an agreement between you as an Advertiser and Listagram.
Listagram provides a service named Collabs with the purpose to facilitate the connection and interaction between
advertisers and influencers for marketing purposes. These Terms govern the use of the Service and shall apply to
all Advertisers using it.
“Advertiser” means a company or other legal entity using the Service to manage
Campaigns and collaborate with Influencers for marketing purposes.
“Campaign” means a specific marketing campaign, initiated by Advertiser through
the Service, as further described in the applicable Campaign description.
“Influencer” means an individual providing services within the field of marketing
through its digital channels, i.e. Instagram.
“Listagram” means Listagram AB, a company incorporated under the laws of Sweden
with company reg. no. 559141-0062.
“Service” means the service named Collabs, provided by Listagram with the purpose
to facilitate the connection and interaction between Advertisers and Influencers for marketing purposes,
currently provided at www.collabs.app.
“Terms” means these Terms of Service for Advertisers.
“we”, “us” and “our”
“you” and “your” means the Advertiser using the
Service through a person representing the Advertiser.
Listagram and Advertiser may hereinafter also be referred to individually as a "Party" and
collectively as the "Parties".
- ACCEPTANCE OF TERMS
- Prior to using the Service, you must have read, understood and accepted the Terms. By checking the “I
accept” box during account sign-up, you agree to strictly adhere to the Terms and to be legally bound to
the Terms in relation to us.
- If you use the Service on behalf of a company or other legal entity, you represent and warrant that you
have full authority to legally bind the company or other legal entity to the Terms, and to strictly adhere to
the Terms when using the Service.
- If you do not agree to the Terms, or any updated version of it, you may not use the Service.
- You can access the latest version of these Terms at any time in the Service.
- ACCOUNT CREATION
- In order to get access to the Service, you need to create an account. You are responsible for providing
accurate, current, and complete information in connection with the registration. You acknowledge that the
account details provided are true and correct and that, when necessary, you will update your account details
so that they remain true and correct.
- You are solely responsible for maintaining the confidentiality of your login information. We shall have no
responsibility for any unauthorized use of your account.
- THE SERVICE
- The purpose of the Service is to facilitate the connection and interaction between Advertiser and
Influencers for marketing purposes. Thus, marketing are provided by Influencers through the respective
Influencer’s Instagram profile.
- You may create new Campaigns by using the Service, as well as initiate and manage your existing Campaigns.
To create a new Campaign, use the Service to create a Campaign description. Advertiser may browse Influencers
as listed in the Service and invite Influencers to take part in a Campaign. When creating a new Campaign,
invitation to take part in the Campaign will be sent out to the chosen Influencers.
- The invited Influencers may accept your invitation to participate in a Campaign. However, it is voluntary
for an invited Influencer to take part in a Campaign. Hence, we cannot guarantee that invited Influencers will
join your Campaign. You may limit the available spots for a specific Campaign, invited Influencers may join
the Campaign on a first come – first served basis.
- You may at any time and for any reason cancel an ongoing Campaign. However, Influencers that have already
fulfilled some of the tasks of the Campaign are entitled to complete the assignment.
- We do not take part in any marketing nor decide the particulars relating to a specific Campaign. We provide
the Service, including to share information and manage payments when required. All marketing is provided by
Influencers through their digital channels.
- YOUR RESPONSIBILITIES
- You undertake to use the Service in accordance with applicable law and regulation, and may not use the
Service in any way that causes us or any third party harm. The Advertiser is responsible for its Campaigns and
the Influencer is responsible for its participation and the marketing provided by the Influencer. Further, you
are responsible for any content provided by you, and that such content does not violate any applicable law or
- You may not use the Service to communicate or publish information (including but not limited to any content
provided by you) that infringes or violates someone else’s right (copyright, trademark, or other
intellectual property right), information that may violate the integrity of, intimidate or offend another
person, information that may challenge criminal actions or contain material not permitted by any applicable
law or regulation (for example discrimination and/or racial agitation).
- You will not, nor allow any third party to copy, distribute, sell, lend, rent, transfer, convey, modify,
decompile, disassemble, perform data mining, or reverse engineer any parts of the Service, nor try to get
access to the source code.
- You acknowledge and agree that Listagram, and any third party Listagram may cooperate with, owns all right,
title and interest to the Service and the data included therein, including all patents, copyrights, trade
secret and other proprietary rights thereto, unless explicitly stated otherwise in the Terms.
- Your account is for your own use. You may not authorize others to use the account and may not assign or
otherwise transfer the account to any other person or entity.
- FEES AND PAYMENT
- Use of the Service by Advertisers is subject to a subscription fee. Additional fees apply for certain
functionality and use of the Service, as specified in the applicable price list or as otherwise agreed
separately in writing with Listagram.
- The first payment for Advertiser’s subscription shall be made in connection with account creation.
The subscription is billed in advance and as chosen by you, for example yearly. Following the end of the first
subscription period, the recurring subscription fee will then be charged or invoiced in advance for the same
time period as initially chosen by the Advertiser, unless the subscription has been terminated by the
- When you create a Campaign, you decide the remuneration for participating Influencers. You may decide to
either offer a payment to participating Influencers, or offer certain goods as further specified in Section 6
below. If you decide to offer a payment as remuneration to participating Influencers, the sum shall be paid in
advance by you to us, via the payment method chosen by you.
- Payment shall be made with one of the payment options as available at any given time in the Service.
Payments are handled by a third-party provider. We do not handle any payment data for such payments, for
example credit card details. For more information regarding the payment services available in the Service,
please visit the website of the third-party provider providing the payment method.
- All fees are specified in the applicable price list as available in the Service. All prices are exclusive
of VAT. We are entitled to adjust our prices, by giving you a 30 days prior written notice. If you continue to
use the Service after such notice period, you will be deemed to have accepted the adjusted fees.
- If you cancel an ongoing Campaign, or if the invited Influencers do not fulfil the Campaign tasks, any
remaining advance payment amount will be deducted from you next Campaign fees. You may also request a refund.
- We may cancel a Campaign or suspend Advertiser’s access to the Service if payment remains overdue 20
calendar days after the final date for payment. We shall have no liability for delay or damage caused by such
cancellation or suspension, and it does not limit our right to claim damages or terminate Advertiser’s
account due to lack of payment.
- The Advertiser is responsible for any and all taxes and fees arising out of the Advertiser’s use of
- SENDING GOODS TO INFLUENCERS
- If the remuneration to participating Influencers for a Campaign consists of certain goods, the Advertiser
is responsible to send the goods to the Influencer. We shall have no responsibility in this regard.
- If you send goods to Influencers relating to a specific Campaign, and the Influencer does not perform and
complete the tasks of the Campaign, you may demand the Influencer to send the goods back. If the Influencer
does not send the goods back within seven (7) days from failing to fulfill the Campaign tasks, you may invoice
the Influencer an amount equal to the market value of the goods sent.
- The Advertiser is responsible for any legal requirements relating to sending goods to an Influencer in the
context of a Campaign, such as requirements relating to taxes and accounting.
- LICENSE GRANT TO US
- Advertiser grants to us the right to use and publicly display Advertiser’s brands, trademarks and
logotypes for marketing purposes and to provide the Service.
- LICENSE GRANT TO ADVERTISER
- If you have requested the right to use an Influencer’s content created within the context of your
Campaign, an option from time to time available in the Service, we grant to the Advertiser a worldwide,
non-exclusive and royalty-free right to use, modify and publish the participating Influencer’s videos
and/or pictures made specifically for Advertiser’s Campaigns. The aforementioned license is only granted
to Advertiser during the Campaign and for one year thereafter, and only for content containing
Advertiser’s brands, trademarks or logotypes.
- INTELLECTUAL PROPERTY RIGHTS
- All copyrights, trademarks and other intellectual property rights (registered and unregistered) in and to
the Service are reserved by us and/or third parties. Nothing in the Terms grant you a right or license to use
any trademark, copyright or other intellectual property right owned or controlled by us or a third party,
unless explicitly granted herein.
- We are committed to maintaining the privacy and security of personal data. Personal data provided to us
- DURATION AND TERMINATION
- These Terms will take effect when you register an account, and is valid until further notice. You may
terminate the account at any time, thus ending your right to use the Service. The Terms will apply until your
account has been closed. Information on how to close the account can be found in the Service. If you terminate
your account with a valid subscription, the subscription will promptly end without any refund.
- We reserve the right to, in our sole discretion, terminate your account and the right to use the Service
without any liability economically or otherwise in relation to you.
- If your account is terminated, we may in our sole discretion delete all content relating to your use of the
- NO WARRANTY
- THE SERVICE AND ANY CONTENT CONTAINED AND MADE AVAILABLE VIA THE SERVICE, INCLUDING TEXT, GRAPHICS,
INFORMATION, LINKS, OR OTHER ITEMS ARE ALL PROVIDED "AS IS" AND "AS AVAILABLE”.
- WE DO NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, FOR THE SERVICE, INCLUDING BUT NOT LIMITED
TO THE AVAILABILITY OF THE SERVICE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY
INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE
SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS
IN THE SERVICE WILL BE CORRECTED.
- WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE AVAILABILITY, SUITABILITY AND CREDENTIALS
OF ANY INFLUENCER LISTED IN THE SERVICE, NOR THE QUALITY, RELIABILITY, IMPACT OR ACCURACY OF ANY MARKETING AND
CAMPAIGN PARTICIPATION PROVIDED BY ANY INFLUENCER. THE INVITATION AND COLLABORATION WITH ANY INFLUENCER IS AT
YOUR OWN RISK.
- LIMITATION OF LIABILITY
- OUR AGGREGATE LIABILITY WITH RESPECT TO THE SERVICE SHALL BE LIMITED TO DIRECT DAMAGE OF PROPERTY AND IN
TOTAL NOT EXCEED THE LOWER OF (i) THE ANNUAL AMOUNT PAYABLE BY ADVERTISER FOR ITS USE OF THE SERVICE, OR (ii)
500 EUR. WE ARE NOT LIABLE FOR ANY INDIRECT LOSSES OR INDIRECT DAMAGE, SUCH AS LOSS OF PROFIT, LOSS OF
SAVINGS, LOSS OF POTENTIAL AGREEMENTS AND LOSS OF DATA OR CONTENT.
- WE EXPRESSLY EXCLUDE ANY AND ALL LIABILITY TO ANY THIRD PARTY.
- FORCE MAJEURE
- Where Listagram is prevented from fulfilling its obligations pursuant to the Terms due to circumstances
which are beyond Listagram’s reasonable control such as acts of any governmental body, war,
insurrection, sabotage, embargo, fire, flood, extreme weather conditions, strike or other labor disturbance,
interruption of or delay in transportation, unavailability, interruption of, or delay in telecommunications or
third party services (including DNS propagation), or failure of third party software or hardware, and errors
or delays in services from sub-contractors due to circumstances as stated herein, such circumstances shall
constitute an excuse which occasions a postponement of the time for performance and a release from liability
in damages and any other penalties.
- We reserve the right to, without prior notice and without compensation, remove any content that we find
obscene, containing inappropriate material and/or in any other way could violate the Terms, applicable laws
and regulations and/or may infringe someone else’s intellectual property rights.
- We reserve the right to modify the Terms at any time in our sole discretion. We will notify you by e-mail
30 days in advance of any adverse changes taking effect. Your continued use of the Service after such
notification constitutes your agreement to the updated Terms.
- You are not entitled to transfer or assign any rights or obligations under the Terms without prior written
consent from us, if not explicitly allowed to under the Terms.
- We have the right, without prior obtaining of approval, to assign the Terms to another company in the same
company group as Listagram, or a third party in connection with a transfer of all or substantially all of
- If any part, term or provision of the Terms is held to be illegal or unenforceable, the validity of the
remainder of the Terms will not be affected. Any omission of us to enforce our rights under the Terms shall
not be regarded as a waiver of such rights. IT IS EXPRESSLY UNDERSTOOD THAT ALL PROVISIONS REGARDING
LIMITATIONS OF LIABILITY AND INDEMNITIES WILL REMAIN IN FULL FORCE AND EFFECT AND SHALL SURVIVE THE DELETION
OF YOUR ACCOUNT.
- Failure or delay by us in exercising any right or remedy under the Terms shall not constitute a waiver of
such (or any other) right or remedy.
- The contents of these Terms shall supersede all previous written or oral commitments and undertakings.
- The Terms constitute the entire agreement between you and us on all issues to which the Terms relate.
However, if you have a separate agreement with us regarding the Service, the terms of such an agreement shall
prevail over these Terms in case of contradictions.
- GOVERNING LAW AND VENUE
- These Terms shall be construed in accordance with and be governed by the substantive laws of Sweden.
- Any dispute, controversy or claim arising out of or in connection with the Terms, or the breach,
termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration
Institute of the Stockholm Chamber of Commerce (the “SCC”).
- The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into
account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules
shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of
one or three arbitrators.
- The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings
shall be Swedish, unless either party requests the proceedings to be conducted in English.