General Terms of service

Last updated: 17 March 2020

These general terms of use (the General Terms) apply when using the Website, linkpizza.com, including subdomains (the Website ) and extends to all services offered by us.
The address of Kizitos B.V. is Panamalaan 3F, 1019 AS Amsterdam, The Netherlands, with Chamber of Commerce number: 56749139
If you have any questions about these general terms, you can contact us via mail at: support@linkpizza.com and by calling: +31 (0)20 244 1010.

Article 1 - General

  1. The General Terms apply when you use the Website and extends to all services offered by us.
  2. We reserve the right to change the General Terms at any time. By using the Website you accept the latest version of the General Terms.
  3. Deviating terms are only applicable if we have agreed to them, in writing.
  4. If any part of these General Terms is null or void this shall not affect the applicability of the remainder of these General Terms. The part that is null or void shall be replaced by a provision that closely resembles the provision that is null or void.
  5. The general terms continue to be in effect until 12 months after account deactivation, in relation to article 13.

Article 2 - The Platform

  1. The goal of the Website is to offer a platform where registered advertisers can enter into a paid partnership with the influencers registered on our platform. This includes offering a workflow for delivering content, offering a search over and insight into the influencers registered with us, processing payments from advertisers and paying these to influencers after deduction of the calculated commission. (the "Service")
  2. Kizitos B.V. is never a party to the final agreement between users of the platform.
  3. While we strive to deliver an optimal user experience, we deliver our Services as is without any guarantees regarding the quality of the offered services.

Article 3 - Terms of use of the Website

  1. You cannot use the Website in a way that violates Dutch law or any other applicable rules or regulations.
  2. You are not allowed to spread the following:
    • Pornographic videos, images or other material with an erotic content;
    • Texts or images that are offensive, racist, discriminatory or hateful;
    • Spam;
    • False or misleading information; and
    • Viruses, malware, spyware or other software intended to harm our computers or that of other users.
  3. You are not allowed to create an account under someone else's name or pretend to be someone else.
  4. You are obliged not to disclose personal data acquired from other users and forbidden from abusing it.
  5. You are not allowed to approach other users for other commercial purposes than that for which the Website is intended.
  6. If you want to report illegal use of the Website by someone else to us, you can send a message to support@linkpizza.com.

Article 4 - Availability of the Website

  1. We will put in all our efforts to make the Website available at all times.
  2. We do not guarantee that the Website is without errors, limitations, bugs or available 24/7. We accept no liability whatsoever for any damages, whether direct or indirect, caused by the Website being unavailable or due to bugs or errors.
  3. We accept no liability for damages caused by erroneous information on the website.

Article 5 - User Account

  1. You have to be at least 18 years of age to create an account.
  2. You may must treat your account details and password confidential. Activity on your account will be attributed to you personally.
  3. Please report any abuses of your account or any use without your permission, as soon as possible and change your password.

Article 6 - Prices and payments

  1. The price of subscriptions is per month or year. When a month is chosen a minumum length of 3 months is required.
  2. Users will receive an invoice of the costs for the subscription every subscription period.
  3. The duration of a subscription can be chosen by the user, it is either 3 months or a year (12 months). The subscription can, after the first silent renewal, be terminated on a monthly basis.

Article 7 - Right to close your account

If we believe that you are violating the law or these terms and conditions, we may (partially) exclude you from the Service. We can also (partially) exclude you from the Service if you do not pay on time or at all. For example, we can exclude you from the Service by:

  1. Removing your account; and
  2. block you from parts of the Service

Article 8 - Confidentiality and Privacy

We shall keep your personal data confidential and store it in accordance with our Privacy Policy. You can read our Privacy Policy here https://linkpizza.com/company/privacy-policy.

Article 9 - Conflict resolution

We are not obliged to help to resolve conflicts between Influencer and Advertiser . We will nonetheless do our utmost best in helping you find a solution to such a conflict.

Article 10 - Liability

We are not liable for:

  1. direct or indirect damage suffered as a consequence of the use of our Website, regardless of whether or not the claim is based on a guarantee scheme, agreement or any other legal principle;
  2. direct or indirect damage that is the result of (wrongful) information provided on the Website, regardless of whether that information was provided by us or any another party, active on the Website;
  3. damage resulting from mistakes made by third parties or caused by the unavailability of the Website as a result of circumstances outside the scope of our influence.

Article 11 - Indemnification

By using the Website you indemnify us from any claims, liabilities, damages, losses and expenses from third parties arising out of the use of the Website or the Services. This clause does not apply in cases of unlawful intent or gross negligence from our side.

Article 12 - Intellectual property

  1. All trademark rights, copyright, database rights and any other intellectual property rights of any nature vesting in the Website together with the underlying software code, are exclusively owned by Kizitos B.V..
  2. Kizitos B.V. hereby grants you a worldwide, non-exclusive, non-transferrable, royalty-free and revocable license to use the Website for personal use in accordance with these General Terms.
  3. By using our Website you give us a, non-exclusive, royalty-free, transferrable and worldwide license to use any content you upload on the Website.
  4. By using the Website and uploading content you declare that:
    • you are the sole and exclusive proprietor of that content; or
    • you have obtained all necessary licenses, consents, permissions or waivers to upload the content.

Article 13 - Exclusivity

After entering into a partnership between advertiser and influencer, during a period of one year (12 months) after the start of the partnership, it is not permitted for both parties to enter into a paid, monetary or in-kind, content partnership without the involvement of Linkpizza. If LinkPizza finds a violation, the advertiser will pay LinkPizza an immediately due and payable penalty of €500 (say five hundred euros) or, if that is higher, 30% of the compensation agreed with the influencer by the advertiser.

Article 14 - Governing law

Dutch Law

Article 15 - Competent court

All disputes arising out of or in connection with these General Terms of Service and all agreements between you and Kizitos B.V. shall be exclusively submitted to the competent court of Amsterdam in the Netherlands.