# Terms of Service

UPDATED: October 27th, 2024

These Terms of Service (“TOS”) govern access to and use of the InfluencerMarketing.ai services operated by L.D.R.S GROUP LTD (“InfluencerMarketing.ai,” “we,” “us,” or “our”). By accessing the website at imai.co (the “Site”) or using any services, you agree to this TOS. If you have a separately executed services agreement with us (a “Services Agreement”), that agreement will control in the event of a direct conflict with these TOS.

If you accept this TOS on behalf of a company or other legal entity, you represent that you have authority to bind such entity and its affiliates. In that case, “you” or “your” refers to that entity and its affiliates. If you lack such authority or do not agree, do not use the Service.

As part of registration, you will identify one or more administrative usernames and passwords for your account (the “Account”).

You can review the most current version of this TOS at imai.co. We may update this TOS from time to time. Changes take effect thirty (30) days after posting or notice. Your continued use after that date constitutes acceptance. If you are party to a Services Agreement and do not consent to changes, you may, within 30 days of notice or log‑in, request the TOS version in effect when you executed your Services Agreement, and that prior version will govern if and to the extent a conflict exists with your Services Agreement.

1. Description of Service

The “Service” is an online platform that provides access to creator profiles and audience demographic information across major social channels and offers tools to manage influencer marketing campaigns. The Service includes access to InfluencerMarketing.ai content and data (“InfluencerMarketing.ai Content”) such as reports, graphs, and other presentations of data, as well as content and data not generated or maintained by us (“Third‑Party Data”).

We make no representations or warranties regarding Third‑Party Data. Any new features added to or augmenting the Service are subject to this TOS.

2. General Conditions; Access and Use

Subject to this TOS, you may access and use the Service only for lawful purposes. All rights, title, and interest in and to the Service and its components remain with InfluencerMarketing.ai.

Unless otherwise stated in your Services Agreement, you shall not: (a) sublicense, resell, rent, lease, transfer, assign, time‑share, or otherwise commercially exploit or make the Service available to a third party, including for development of a competing platform or access point to InfluencerMarketing.ai Intellectual Property Rights or Third‑Party Data; (b) use the Service unlawfully or in a way that interferes with its
integrity or performance; (c) modify, adapt, hack, or otherwise attempt to gain unauthorized access to the Service or related systems or networks; (d) store on any network, device, or cloud storage any InfluencerMarketing.ai Intellectual Property Rights, InfluencerMarketing.ai Content, or Third‑Party Data obtained from the Service for more than three (3) days after termination or expiration of this Agreement; or
(e) monitor, copy, scan, review, index, mirror, ping, or validate the Service by automated or manual means, including web scraping, data harvesting, or data extraction.

You shall comply with any reasonable codes of conduct, policies, or other notices we provide or publish in connection with the Service and promptly notify us if you learn of a security breach related to the Service.

Acceptable Use and Usage Limits

By using the platform, you agree to our acceptable use policy. Any usage we deem to be scraping‑level may be limited. The following thresholds are automatically flagged for manual review: more than 4,000 influencer audience reports in any 30‑day period, more than 400 influencer reports per day, or more than 50,000 influencer searches in any period.

Software and Access

Any software made available in connection with the Service (“Software”) contains proprietary and confidential information protected by law. You agree to access the Service only through the interface provided by InfluencerMarketing.ai. Any rights not expressly granted are reserved. No trademark license is granted. We may modify or discontinue the Service, in whole or in part.

Account Security; Your Content

You are responsible for maintaining the confidentiality of your Account and for all activities that occur under it. You are solely responsible for the data, content, or other materials you provide (“Your Content”), including compliance with applicable laws. By using the Service and providing Your Content, you understand that Your Content may be shared with other users where features permit. Except as otherwise provided, you retain ownership of Your Content. We may access your Account to provide support and investigate suspicious activity.

Operation of the Service

Operation of the Service, including Your Content, may be unencrypted and involve: (a) transmissions over various networks; (b) changes to conform to technical requirements; and (c) transmission to third‑party vendors and hosting partners.

You acknowledge sole responsibility for security, protection, and backup of Your Content. We are not liable for unauthorized access to, or corruption, deletion, destruction, or loss of, Your Content.

Third‑Party Sites and Resources

The Service may provide links or access to other sites and resources. We have no control over such sites and are not responsible for them. Dealings with third parties are solely between you and the third party.

Equipment

You are responsible for obtaining and maintaining any equipment and ancillary services needed to use the Service and for ensuring compatibility with the Service and Software. You are responsible for the security of the Equipment, your Account, passwords, and files.

Practices and Limits

We may establish general practices and limits concerning use of the Service, including maximum storage. We are not responsible for deletion or failure to store content maintained or obtained by the Service.

Mobile Services

Use of the Service via mobile device may be subject to your carrier’s charges and restrictions. By using mobile features, you agree that we may communicate with you by electronic means to your device and that certain usage information may be communicated to us.

Third‑Party Data Disclaimer

Third‑Party Data is aggregated from multiple sources and may change without notice. Neither InfluencerMarketing.ai nor its sources warrant the comprehensiveness, completeness, accuracy, or adequacy of Third‑Party Data. We and our sources disclaim all warranties and are not responsible for any loss or damage arising from use of Third‑Party Data.

2A. Authorized Users; Client Access Add‑Ons; Market Scope

2A.1 Definitions
  • Agency means a customer that provides marketing, media, or related services to third‑party brands or advertisers.
  • Internal User means an employee or individual contractor of the customer using the Service solely on the customer’s behalf.
  • Client means a third‑party brand, advertiser, or end customer served by an Agency.
  • Client User means an individual user who is an employee or contractor of a Client and who accesses the Service in connection with that Client’s work with the Agency.
  • Market means a geographic region or country, business unit, or brand category explicitly listed in the customer’s Order Form or Services Agreement as within the purchased scope.
2A.2 Unlimited Users; Scope

Certain plans may include unlimited users. Unless expressly stated otherwise in the Order Form or Services Agreement, “unlimited users” applies only to Internal Users of the purchasing customer and does not include Clients or Client Users.

2A.3 Client Access Requires Add‑On

Agencies may grant access to Clients only if the Agency purchases a Client Access Add‑On for each Client that is provisioned with access (for example, a workspace, portal, or SSO group). Each Client requires its own paid add‑on and may not share add‑ons with other Clients. Client User seats are limited to the applicable Client’s use and may not be reassigned to or shared with other Clients.

2A.4 Market‑Based Access Limitations

Access rights are restricted to the Markets purchased. Agencies shall provision users only for the Markets listed in the Order Form or Services Agreement. Market restrictions apply to all Internal Users and all Client Users. We may implement technical controls that limit access by Market and you agree not to circumvent or attempt to bypass such controls.

2A.5 Configuration; Compliance; Audit

You must accurately designate each user as an Internal User or Client User and assign them to the correct Client and Market scope. We may monitor usage, require reasonable reporting, or request user rosters to verify compliance. If we identify unlicensed Client access or out‑of‑scope Market usage, you will promptly cure by purchasing the necessary add‑ons or removing the access, and we may charge retroactive fees from the date of the first non‑compliant access.

2A.6 No Resale; No Indirect Access

Except as expressly permitted for Client Users under a paid Client Access Add‑On, you may not grant, resell, or otherwise make the Service available to any third party, including through shared credentials, embedded dashboards, or indirect access methods designed to avoid add‑on requirements or Market limits.

3. Fees; Billing; Trials; Access

Your Services Agreement governs your payment plan. You represent that your payment information is accurate and authorized. You agree to pay fees as specified and authorize periodic billing in advance under the applicable plan until termination. If you dispute charges, notify us within sixty (60) days of invoice. If we invoice you, payment is due within thirty (30) days of the invoice date. Unpaid invoices may accrue a finance charge of 1.5% per month or the maximum permitted by law, plus collection expenses. You are responsible for all taxes other than those based on our net income.

If you fail to pay amounts when due or otherwise breach this Agreement, we may, in our discretion: (a) temporarily or permanently suspend or terminate access; (b) end any discount and increase your fees to the full price indicated in the Services Agreement; and/or (c) accelerate the full price subscription fee for the Term and pursue collections. You agree to pay associated costs of collections activity.

Trials and Access

From time to time, we may offer a trial for first‑time users during which commercial use is prohibited. When the trial ends, data and account details may become inaccessible, and we may end any trial at our
discretion. Our trial program is limited to one trial per person or organization. Creating multiple trial accounts is prohibited and may result in automatic conversion to a regular plan without trial benefits and loss of eligibility for future trials. Commercial use or resale of trial services is not permitted. Access to the platform is limited to subscribed customers, users in an active free trial, and those with special exceptions. Upon end of subscription, trial, or exception, access to features, including stored influencer data and campaign details, ceases.

Refund Policy

Refunds are considered only for accounts with no use or minimal use, as determined in our discretion. If approved, a 25% administration fee is deducted. Requests must be emailed to [email protected] within 30 days of the initial charge and include a valid reason. Changing your mind or no longer needing the subscription is not a valid reason. If a refund is issued, the account is terminated immediately, and reactivation or creation of a new account is not permitted for at least 180 days. We may refuse a refund at our discretion, including in cases of abuse, fraud, or TOS violations.

4. Representations and Warranties by You

You represent and warrant that: (a) you have full power and authority to enter into this TOS and any Services Agreement; (b) you own Your Content or have all necessary rights to provide it and to grant rights contemplated by the Service; (c) Your Content and your activities do not violate or infringe any third‑party rights or applicable law and do not contain defamatory, obscene, unlawful, threatening, abusive, tortious, offensive, or harassing material; and (d) you are at least eighteen (18) years old.

bExcept as set forth herein, you may not terminate your account within the committed term. You may terminate on sixty (60) days’ written notice if: (a) we become insolvent or enter bankruptcy or similar proceedings; (b) we permanently cease to offer the Service in its entirety; or (c) we are in Material Breach, defined as a complete outage of the Service for more than ten (10) consecutive business days.

We may terminate your Account and this Agreement: (a) at any time with thirty (30) days’ prior notice to the administrative email on your Account; or (b) immediately with or without notice if you breach this TOS. We may also modify or discontinue the Service, in whole or in part, without notice if you breach this TOS or any other agreement with us.

Upon termination, Your Content on the Service may be permanently deleted in our discretion. If we terminate under Section 5(b) for breach, we may retain unearned prepaid amounts in addition to other remedies. If we terminate under Section 5(a) for convenience, we will refund the pro‑rated, unearned portion of any prepaid amounts. Upon termination or expiration, you must delete any InfluencerMarketing.ai Intellectual Property Rights and Third‑Party Data obtained from the Service within three (3) days.

6. Disclaimer of Warranties

THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR‑FREE, OR VIRUS‑FREE, OR THAT RESULTS WILL BE RELIABLE.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL WE BE LIABLE FOR (a) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, SALES, BUSINESS, OR DATA; OR (b) ANY DIRECT DAMAGES, COSTS, LOSSES, OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF NO FEES APPLY, ONE HUNDRED (US $100) DOLLARS.

Some jurisdictions do not allow certain limitations, in which case our liability will be limited to the maximum extent permitted by law.

8. Indemnification

Subject to Section 7, each Party (the “Indemnifying Party”) shall defend, indemnify, and hold harmless the other Party (the “Indemnified Party”) from and against third‑party claims, actions, or demands, including reasonable legal and accounting fees, arising from the Indemnifying Party’s breach of this Agreement. The Indemnified Party must provide notice and cooperate reasonably. The Indemnifying Party may assume exclusive defense and control.

9. Intellectual Property

You acknowledge that all intellectual property rights in the Service, including compilation and presentation of Third‑Party Data, are and remain with InfluencerMarketing.ai. You shall not impair our proprietary rights and shall notify us of any threatened or actual infringement. Feedback you provide becomes our exclusive property, and you assign all rights in such Feedback to us and will assist in perfecting and enforcing those rights.

10. Confidential Information

Each Party agrees to protect the other’s Confidential Information with at least a commercially reasonable degree of care, use it only to exercise rights or perform obligations under this Agreement, and disclose it only to those who need to know to assist performance. Confidentiality obligations do not apply to
information that is public, independently developed without reference, or known without obligation of confidentiality. Upon termination, each Party will promptly destroy the other’s Confidential Information.

11. Assignment

Neither Party may assign this TOS or any Services Agreement without the other’s prior written consent, except that we may assign without consent in connection with a change in control, including merger, acquisition, or sale of all or substantially all assets.

12. Miscellaneous

If any provision is unenforceable, it will be limited to the minimum extent necessary, and the remainder will remain in effect. This TOS, together with any Services Agreement, is the complete and exclusive statement of the parties’ understanding regarding its subject matter. No agency, partnership, joint venture, or employment is created. In any action to enforce rights, the prevailing party may recover costs and attorneys’ fees. Notices will be in writing and deemed given when sent.

13. Governing Law; Venue

This TOS and any Services Agreement are governed by the laws of the State of Israel without regard to conflict‑of‑laws principles. Unless otherwise elected by us in a particular instance, you agree to the exclusive jurisdiction and venue of the courts located in the State of Israel to resolve any dispute relating to your access to or use of the Service.