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Algemene Voorwaarden van Yourfluence

Last updated: 14/05/2025

Welcome to Yourfluence B.V. (referred to hereafter as “we”, “our”, “us” or “the Platform”). These Terms & Conditions ("Terms") govern your access to and use of our website, platform, services, tools and applications, including any associated APIs and third-party integrations (e.g., TikTok, Meta/Instagram).

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By accessing or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Platform.

1. Who we are

Yourfluence B.V.
Oranjestraat 158
2013VK Haarlem, The Netherlands
Chamber of Commerce (KvK): 96845554
For questions: info@yourfluence.nl

2. Eligibility

To use the Platform, you must:

  • Be at least 16 years old (or the legal age in your country to form a binding contract).

  • Have an active account on supported platforms (such as TikTok or Instagram).

  • Not be barred from using our services under applicable law.

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If you are using the Platform on behalf of a company or organization, you represent that you are authorized to bind that entity to these Terms.

3. Your Account

When you create an account with us:

  • You must provide accurate, current, and complete information.

  • You are responsible for safeguarding your password and access credentials.

  • You must notify us immediately if you suspect unauthorized access to your account.

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We may suspend or terminate accounts that are suspected of violating these Terms or applicable laws.

4. Use of the Platform

You agree to use the Platform only for its intended purposes. You shall not:

  • Upload or distribute content that is illegal, misleading, harmful, or offensive.

  • Attempt to reverse engineer, scrape, or misuse our systems or data.

  • Impersonate another person or misrepresent your identity or affiliation.

  • Manipulate campaign results using fake engagement or automated tools (e.g., bots). We actively monitor fake engagement and automated tools.

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We reserve the right to moderate content and suspend accounts that violate these rules.

5. Campaign Participation

As a creator:

  • You may apply to participate in brand campaigns via our platform.

  • Your participation may be subject to specific campaign conditions/rules (e.g., hashtags, deadlines). Not applying these conditions/rules will 

  • Rewards are only paid when proof of participation is uploaded and verified through our application process.

  • Payouts are subject to our verification of authentic content performance.

  • At the specified time of the campaign ending, a snapshot will be made of the leaderboard which is binding for the final money distribution. All view changes that happen after the campaign ended will not influence your leaderboard position. 

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As an advertisor:

  • You may launch campaigns and view performance metrics via the dashboard.

  • You agree to fund the campaign budget in advance.

  • You will not use the platform to collect personal data from creators outside of agreed usage, or after getting in touch with our team first. If we find out this is surpassed you may be banned for future campaigns.

6. Earnings and Fees

  • Creators are charged an 8% fee on withdrawals from their earnings

  • All fees are excluding VAT unless stated otherwise.

  • Payouts to creators may be withheld or adjusted in case of fraud, manipulation, or breach of terms.

7. Intellectual Property

You retain ownership of content you upload to the Platform. Unless agreed otherwise, brands are not allowed to

use, reproduce, distribute, and display your content for campaign and platform-related purposes.

 

You may not upload content you do not have the right to use or license.

8. Data and Privacy

Our collection and use of personal data is governed by our Privacy Policy. By using our platform, you consent to such collection and processing, including:

  • Connecting third-party accounts (e.g., TikTok, Meta) via OAuth or API.

  • Analyzing content performance metrics.

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You may request data deletion or account removal at any time.

9. API & 3rd Party Integrations

Our collection and use of personal data is governed by our Privacy Policy. By using our platform, you consent to such collection and processing, including:

  • Connecting third-party accounts (e.g., TikTok, Meta) via OAuth or API.

  • Analyzing content performance metrics.

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You may request data deletion or account removal at any time.

10. Account Termination

You may terminate your account at any time. We may suspend or terminate access if:

  • You breach these Terms.

  • You misuse the platform.

  • You violate applicable laws.

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Termination automatically results into retrieval of all entered live campaigns.

11. Limitations of Liability

To the maximum extent permitted by law, we are not liable for:

  • Loss of reputation.

  • Any indirect, incidental, or consequential damages.

  • Platform outages, bugs, or third-party failures.

12. Changes to these Terms

We may update these Terms at any time. Changes will be effective when posted on the website. You are responsible for reviewing these Terms periodically. Continued use of the Platform means you accept the changes.

13. Processing of Citizen Service Number (BSN) for Individuals (Flexfluencers)

If you use the Platform as a private individual (not as a registered business) and receive earnings (“Flexfluencer”), we are legally required under Dutch tax law to submit a UBD declaration (Uitbetalingen aan Derden – Payments to Third Parties) to the Dutch Tax Authorities. For this purpose, you are required to provide your Citizen Service Number (“BSN”) truthfully.

  • The BSN is used solely for tax reporting purposes (UBD declaration).

  • The BSN is collected during onboarding when you indicate that you are acting as a private individual (Flexfluencer) and is immediately encrypted (AES-256 protocol).

  • Access to encrypted BSN data is strictly limited to authorized administrators of Yourfluence.

  • The BSN will only be decrypted for the purpose of preparing and submitting the UBD declaration and will not be processed for any other purpose.

  • The BSN will be retained as long as you are an active creator on our Platform and at least until the completion of the following year’s UBD declaration. After this period, you may request deletion of your BSN.

Failure to provide a valid BSN may result in a temporary suspension of your payouts.

14. Governing Law & Jurisdiction

These Terms are governed by Dutch law. Any disputes shall be brought before the competent court in Amsterdam, the Netherlands, unless otherwise required by mandatory law.

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