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.
“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
and “our” means Listagram.
“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
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
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.
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 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
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.
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 regulation.
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
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
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
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 the Service.
Should the subscription feature a success-based model, such as
CPM (Cost Per Impression), Advertiser shall be informed in
writing of all costs related to the specific success (target)
of the campaigns before any campaign is created or initiated
by the Collabs Campaign Management Team. The Advertiser agree
to be billed 50% of the related Cost Per Impression in advance
once the number of impressions (target) has been decided on
together with the Collabs Campaign Management Team.
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
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 will be processed
Protection Regulation (EU 2016/679). Please read the Privacy
Policy for more information.
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
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 Service.
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.
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
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 Listagram’s assets.
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
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
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.