§ 1 Influencer General

(1) Nano offers users a platform on which advertising companies can publish campaigns according to their ideas and cooperation conditions. Influencers can apply and participate in those campaigns.

(2) Nano only establishes the connection between Brands and Influencers and is not a contractual party and/or debtor of the cooperation contents and/or the promised services.

(3) The legal relationship in the course of the collaborations arises solely between the Advertiser and the Influencer. Nano assumes no liability and no guarantee with regard to the implementation of the brokered cooperations and will also not check these.

These contracts do not have any legal effect vis-à-vis Nano.

The Influencer may assert claims arising from the contract brokered by Nano exclusively against the Advertiser. No claims whatsoever will arise against Nano from the brokered collaborations. 

§ 2 Registration, Use, Account

(1) In order to use Nano, Users must create an account on the Website or in the App.

(2) Influencers undertake to provide truthful information when registering.Influencers may not impersonate another person when creating the account.

(3) Only one account may be created per Influencer. 

(4) The Influencer must have reached the age of 15.(5) The Influencer is solely responsible for the security of his/her password. Passing on the password to third parties is not permitted. If the password becomes known to third parties, the Influencer is obliged to change his/her password immediately. 

(6) The Influencer is obliged to comply with and accept the rules laid down in these Influencer T&Cs and the campaign whenever Nano is used.In the event of a breach of these rules, the Influencer may be excluded from using Nano with immediate effect. In addition, Nano reserves the right to assert claims for damages.

(7) The Influencer undertakes not to transmit any content containing viruses, Trojans or other programming that may damage Nano’s system. In the event of infringement, the Influencer will be immediately excluded from participation in Nano. The Influencer shall compensate Nano for any damage incurred by us as a result of any culpable breach of the above obligations.

(8) The Influencer undertakes not to disseminate any advertising or inaccurate warnings of viruses, malfunctions and the like or to invite participation in sweepstakes, snowball systems, chain letters, pyramid schemes and comparable campaigns.

(9) After creation, the Influencer may have his/her account deleted at any time. He/she shall inform Nano of his/her wish to delete the account by e-mail. The deletion will be carried out within fourteen days.

§ 3 Conclusion of contract, service descriptions

(1) Advertisers can list cooperation opportunities in the Nano App. Influencers can participate if they are interested.

In principle, Influencers always receive a discount, a voucher, a sum of money, a product or a service as remuneration for their advertising performance.

(2) General terms of cooperation

The campaigns created by advertisers on Nano contain the following information about the terms of cooperation:

– Minimum age/maximum age

– Participant gender

– Requirements (e.g. sports enthusiast, student)

– Brand information (optional website and social media links)

– Cooperation content and expectations

– Compensation: voucher for a service or product of the brand

– Cooperation rules

– Nano’s general cooperation guidelines

(a) Campaigns are worded in such a way that the cooperation content is expected to be fulfilled according to the Brand’s ideas.

(b) The advertising companies describe the cooperation content and any rules as precisely as possible. It is assumed that influencers can gather all the information from the campaign description in order to complete the order satisfactorily for the brand. If there are any questions or ambiguities about the campaign, these should be asked before the application and/or participation in Nano.

(c) The campaign details will include information on the Brand’s consideration, which will normally be vouchers, free products, free services or discounts.

(d) The campaigns of the advertising companies published by Nano represent non-binding offers to an Influencer to accept the campaign. Registered Influencers can apply for the cooperation.

(e) As soon as an Influencer participates in a campaign, he/she is obliged to carry out the campaign content and must comply with all cooperation conditions.

(f) The following are considered to be services of the Influencer:

Creation of promotional videos or photos according to the company’s ideas.

(g) Influencers will be informed of all requirements on the part of the company as well as on the part of nano via the app. By applying for a cooperation, the influencers undertake to fulfil the requirements and to carry out the assignment to the best of their ability.

(h) The terms and conditions of a campaign can be adjusted and/or changed at any time by the advertising company in the nano app.

In the event of any conflict between the Terms of Cooperation and these T&Cs, the provisions of the Terms of Cooperation shall prevail.

(3) Consideration:

(a) From the terms and conditions of cooperation in the app it can be deduced which consideration the Influencer receives in return for the fulfilment of the owed performance of a campaign. These may include, but are not limited to, the following consideration:

Products and services:

Influencer receives the products listed in the terms of cooperation and can keep them upon fulfilment of the campaign.

In the case of services, the Influencer may use the services listed in the Terms of Cooperation to the extent described.

Voucher Code:

If the consideration is the receipt of a voucher code, this must be redeemed within 7 days, as the redemption of the voucher code is necessary to start the campaign.

The Influencer automatically withdraws from a campaign in the event of non-acceptance.

§ 4 Rights and obligations of the contracting parties

(1) Influencers may not contact companies whose campaigns are listed on Nano.All communication between Brand and Influencer will take place through Nano. This also applies if a Brand’s campaign is listed on Nano and the Influencer does not apply or participate.

After successful termination of a cooperation, the Influencer may not enter into any cooperations with the same company for 12 months.If this rule is violated, the Influencer must pay €200 to Nano per cooperation outside the platform with the respective companies.

Excluded: Influencers and companies that have demonstrably already cooperated outside of Nano at an earlier point in time are excluded from this regulation.

(2) If an Influencer violates or disregards the GTC or the terms of cooperation, Nano reserves the right to exclude the Influencer from the respective campaign. If an Influencer is excluded, his/her entitlement to the remuneration specified in the terms and conditions of cooperation shall lapse.

(3) If Nano only learns of a breach of the General Terms and Conditions or the Terms of Cooperation after the fact, Nano reserves the right to demand the return of the remuneration incurred from the Influencer. In addition, a breach may also give rise to a claim for payment of shipping costs and coverage of possible damages.

(4) Nano reserves the right to exclude the Influencer from the platform if the terms of cooperation or the GTC are violated. A further reason for exclusion from the Platform arises if Influencers publish content on social networks that is not compatible with Nano and/or (potential) advertising companies on the Platform.

(5) The Influencer cannot make a claim against Nano for participation in a campaign. 

(6) If the Influencer does not create the agreed content within the agreed period and the Influencer retains the remuneration for the cooperation, the Influencer must contact Nano within 14 days and return the remuneration or the value of the reward to the company. If the Influencer does not comply with this obligation within 14 days, a processing fee of € 50,- will be due.

If the Influencer does not comply with this obligation within 45 days, a processing fee of € 100,- shall become due.

§ 5 Copyright and other ancillary copyrights

(1) The authorship of the Influencer is acknowledged.

However, the Influencer permanently waives his/her right to the copyright.

(2) The Influencer grants Nano an exclusive right, unlimited in time, to use the content created, including any text, image and/or film material. Excluded from the exclusivity is the right of the Influencer to publish the posts created in the course of the campaign on his/her other social media channels. The Influencer transfers to Nano all rights of use and exploitation relating to the content, including the right of publication. 

(3) Upon conclusion of the contract, the Influencer confirms that he/she holds all rights to the published content in the course of a campaign – e.g. texts, photos, graphics, videos, texts or other materials. This concerns in particular the copyright as well as all other ancillary copyrights, trademark rights, database rights and rights to one’s own image. Nano grants the Influencer the right to use the advertised brand and/or the corporate brand of the advertising company for the creation and publication of its content. 

(4) The Influencer allows Nano to distribute sub-licences to the extent described to the advertising companies.

(5) The Influencer is obliged not to make any insulting, inciting, pornographic or extremist statements.

(6) In addition, the Influencer must not use any photos, graphics, videos, texts or other materials in the production whose content or use could be punishable by law or otherwise violate criminal law. This includes in particular photos, graphics, videos, texts or other materials whose content is offensive, inciting, pornographic or extremist.

(7) Should the Influencer violate any of the aforementioned obligations, Nano reserves the right to withdraw from the contract. The Influencer shall indemnify Nano against all claims of third parties based on a breach of his/her aforementioned contractual obligation. He/she shall compensate Nano for any damage caused by any culpable breach of the aforementioned obligations.

(8) Should a circumstance arise in which third parties (e.g. fire) have disseminated the posts of the Influencer and the Influencer has a right to delete the post, Nano will endeavour to enforce this right. However, if the Contributions are already in circulation, Nano cannot guarantee the deletion of the Contributions.

§ 6 Consideration

(1) The provision of consideration by the Advertiser to the Influencer will be on an individual basis as specified in the Campaign Details.

(2) The Influencer receives either a discount from the advertising company, a voucher, money, a free product or a free service as remuneration for his advertising performance.

Beyond this, the Influencer has no claim against Nano or the Advertiser for further remuneration or other benefits.(3) The Influencer confirms that he/she will make his/her own arrangements for the taxation of his/her income.

(4) If Influencers are paid money by Nano, Nano will generate an invoice for the Influencer according to the personal data of the Influencer.

§ 7 Warranty

(1) The Influencer agrees that he/she is not entitled to the uninterrupted availability of the Nano App.Interruptions or limitations of Nano’s online services are possible, for example, in order to carry out maintenance, bug fixes or updates.

Therefore, the Influencer shall not be entitled to any downtime if it is unable to access Nano’s services for any reason.

(2) Advertisers have the right to make changes in the course of a campaign or to terminate the campaign prematurely. In these cases, the Influencer shall not be entitled to any compensation for failure.

(3) The statutory provisions shall apply to the rights in the event of material defects and defects of title, unless otherwise stipulated in these GTC.

(4) Nano does not assume any warranty for the correctness of the information provided by the Companies and the correct data collection generated tracking links of the Advertiser Company.

(5) The Influencer undertakes that Nano and Advertiser Companies may use the content created by the Influencer without infringing the rights of third parties.

§ 8 Liability

(1) Nano shall only be liable in the case provided for by mandatory law, e.g. for intent and gross negligence as well as in the case of personal injury. However, Nano shall only be liable for slight negligence in the event of breach of material contractual obligations, as well as in the event of impossibility for which Nano is responsible and in the event of default. The liability shall be limited to the damage typical for the contract, the occurrence of which Nano could have expected at the time of the conclusion of the contract on the basis of the circumstances known at that time. In addition, Nano shall be liable without limitation for damages for which mandatory statutory provisions, such as the Product Liability Act, provide for liability. The Influencer is required to indemnify the Advertiser for any damages arising in connection with the campaign and the consideration.

(2) Nano shall not be liable for damages arising in connection with the use of a consideration.

(3) We shall only be liable for loss of data in accordance with the above paragraphs and only if such loss could not have been avoided by reasonable data backup measures on the part of the Influencer.

(4) The limitations of liability shall apply mutatis mutandis to Nano’s vicarious agents.

(5) Nano is not liable for copyright infringement by the content created by the Influencer.

(6) The Influencer shall be liable to Nano for breaches of its obligations under this Agreement.

(7) Unless otherwise agreed, the statutory limitation periods shall apply.

§ 9 Confidentiality

(1) The Influencer undertakes to maintain secrecy about all campaigns listed on Nano, including all related information published by the Advertiser on Nano.

In particular, this provision applies to the dissemination of campaign information on the Internet and social networks.

(2) However, the Influencer is permitted to recommend Nano to other persons.

(3) The following points are excluded from the obligation of confidentiality:

1. a) Information that was already known to the Influencer prior to registration with Nano.
2. b) Information that the Influencer has received from third parties about the brand after registration.
3. c) Information about the advertising company that is generally known to the public.

(4) Culpable violations of these regulations may lead to payment of damages. 

§ 10 Information on data processing

(1) Nano collects data from the Influencer within the scope of the campaign and the provision of the Nano Platform. Without the consent of the Influencer, inventory and usage data will only be collected, processed or used insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.(2) Without the consent of the Influencer, Nano will not use data of the Influencer for purposes of advertising, market or opinion research. However, the Influencer hereby agrees that Nano may collect data on the location of the Influencer (so-called geolocation data) and send the Influencer marketing materials, e.g. newsletters, either directly or through vicarious agents to the Influencer’s contact data deposited with Nano.(3) The Influencer has the possibility at any time to retrieve the data stored by him or the consent under §10 (2) in his profile or by direct request to Nano, to change or delete them.In all other respects, reference is made with regard to the Influencer’s consents and further information on data collection, processing and use to the Privacy Policy, which is available in printable form on Nano’s website at any time.

§ 11 Final Provisions

(1) Contracts between Nano and the Influencer shall be governed by the laws of the Federal Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. The contractual language is exclusively German.

(2) The place of jurisdiction for all disputes arising from contractual relationships between the Influencer and Nano is Vienna.

(3) Should individual provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining GTC. The ineffective points shall be replaced by the statutory provisions, if any.

§ 1 General

(1) These general terms and conditions apply to all business relationships with advertising companies (brands). Business relationships can be concluded via the Nano website, e-mail, in person or by telephone. Contracts between Nano and the Brand shall only be concluded if the Brand is an entrepreneur, a legal entity under public law or a special fund under public law.

(2) Brands can create campaigns via the Nano website. Nano will transfer these campaigns to its App. Users of the App (Influencers) have access to the created campaigns and can participate in the campaigns with the consent of the terms of cooperation. In case of successful participation, an Influencer will promote the Brand via Social Networks.

§ 2 Registration, Use, Account

(1) In order to use Nano, the Brand must create an account on the Nano website. 

(2) Brands undertake to provide truthful information when registering. 

(3) The brand is not entitled to transfer its account to third parties.

(4) The brand is responsible for the conduct of its employees.

(5) The Brand is solely responsible for the security of its password. It is not permitted to pass on the password to third parties. Employees and any cooperation partners (e.g. agencies) are excluded from this regulation. If the password has become known to third parties, the Brand is obliged to change its password immediately. 

(6) The Brand is obliged to comply with and accept the rules laid down for each use of Nano. In the event of a breach of these rules, the Brand may be excluded from using Nano with immediate effect. In addition, Nano reserves the right to claim damages.

(7) The Brand undertakes not to transmit any content containing viruses, Trojans or other programming that may damage Nano’s system. In case of violation, the Brand will be immediately excluded from participation in Nano. It shall compensate Nano for any damage incurred by Nano as a result of any culpable breach of the above obligations.

(8) The Brand undertakes not to disseminate any advertising or inaccurate warnings of viruses, malfunctions and the like or to invite participation in prize games, snowball systems, chain letters, pyramid games and comparable campaigns.

(9) After creation, the brand can have its account deleted at any time. She will inform Nano of her wish to delete the account by e-mail. The deletion will be carried out within fourteen days.

§ 3 Conclusion of contract, description of services

(1) A valid contract will only be concluded if the Brand is an entrepreneur, a legal entity under public law or a special fund under public law.

If Nano is commissioned by a consumer, Nano reserves the right to revoke the acceptance within 14 days of knowledge of the consumer status.

(2) The Brand may publish campaigns via Nano’s platform. The aim is that Influencers apply to the campaigns and create advertising content for the Brand. In return, the Influencers receive a product, service, voucher or discount from the Brand. The monetary payment of the influencers is made by Nano.

(3) In the course of the campaign creation, the brand defines the cooperation conditions:

– Minimum age/maximum age

– Participant gender

– Requirements (e.g. sports enthusiast, student)

– Brand information (optional website and social media links)

– Cooperation content and expectations

– Compensation

– Cooperation rules

(4) The brand undertakes to provide the influencer with all the information necessary to fulfil the campaign and to describe this as precisely as possible. The aim is to avoid misinterpretations and possible disputes regarding the implementation of the campaign objectives.

(5) The brand can either enter voucher codes in the campaign creation process, which Nano passes on to the participating influencers, or send products manually. If the brand sends the products manually, it will receive the delivery addresses from participating Influencers.

(6) The creation of the campaign is considered a binding contractual offer.

1. a) Upon receipt of the offer, Nano shall check whether the desired campaign is feasible. In particular, Nano reserves the right to check with regard to offensive, racist, otherwise defamatory or criminal content. In such a case, a notification will be made that the commissioned campaign cannot be produced. An acceptance will then not take place.
2. b) If, after reviewing the offer, Nano has come to the conclusion that the desired campaign can be permitted, the offer of the Brand will be published in the Nano App.

(7) The Brand has the option of one free revision per order.

(8) After successful execution of a campaign, the Brand may not enter into a cooperation relationship with the Influencer outside the Nano platform for the next 18 months.

(9) If the Brand enters into a cooperation relationship outside of Nano with an Influencer after the Influencer has applied to the campaign on Nano, the Brand must pay a penalty of 500€ per Influencer and per cooperation to Nano.

(10) As soon as an Influencer participates in a Campaign, the respective cooperation with the Influencer can no longer be cancelled and the results achieved in the cooperation are subject to a fee.

The brand undertakes to pay the influencer his or her reward. If the Brand does not send the rewards to the Influencer within 20 days (or intentionally), the campaign will be terminated and 100% of the paid amount will be retained as a cancellation fee.

(11) If a product is sent by post, the Brand must provide the tracking number of the relevant delivery service. If the Brand does not do so, it cannot be guaranteed that the respective Influencer will also publish the Video or Posting and there is no entitlement to a refund of the product value or cancellation of the order.

§ 4 Copyright

(1) After completion of the content by the Influencer, Nano undertakes to make the published content available to the Brand in a suitable manner. The Brand may obtain an overview of the published videos and photos via Nano’s website.

(2) The Brand acquires the rights of use to the videos created in the course of the campaign creation. The rights of use are valid for 30 months. The brand may use the content to the full extent.

In doing so, the brand must name the author in an appropriate manner.

Nano assures that it may dispose of all transferable rights to the content.

(3) The Brand shall transfer to Nano a non-exclusive right to use the respective trademark or company logo and all other intellectual property rights. The Brand confirms to Nano upon conclusion of the contract that Nano may dispose of all industrial property rights and intellectual property rights related to the Brand.

The Brand expressly indemnifies Nano against any claims of third parties in this respect.

§ 5 Remuneration and commission

(1) The Brand shall pay the prices indicated by Nano in the campaign creation.

(2) The prices quoted by Nano are net prices (excluding VAT). 

(3) If the Company does not interact on Nano’s platform within the specified time periods, Nano has the right to accept applications from Influencers and to release Content.

(4) Fees will be debited in advance.

(5) There is a 30 day satisfaction guarantee on a customer’s first order. The day of purchase is counted as the first day. Within 30 days, the brand has the possibility to reclaim the order value from Nano, should it not be satisfactory. However, this is only the case if at most one revision has been used.

In the event of a refund, the Brand will lose all rights to use the content created. 

§ 6 Warranty

(1) The Brand agrees that it has no right to the uninterrupted availability of the Nano website. Interruptions or limitations of Nano’s online services are possible, for example, in order to carry out maintenance, bug fixes or updates.

Therefore, Brand shall have no claim for failure if it is unable to access Nano’s services for any reason.

(2) Brand’s rights of rescission in the event of material defects and defects of title are hereby excluded, unless they are mandatory by law.

(3) Nano warrants the creation of the agreed content.

If the content of the Post complies with the specifications and descriptions provided by the Brand, the Brand shall not be entitled to refuse acceptance of the Post, insofar as the original order was not substantially deviated from and there are only complaints regarding the appearance of the Post which do not concern the agreed quality. This is particularly the case if the Brand has not made any specifications in its offer regarding the parts of the Post that are the subject of complaint.

(4) If defects occur, the brand is required to notify Nano of these within 7 days of the publication of the content.

(5) If an Influencer does not create the agreed content, the company will receive its money back. 

§ 7 Liability

1) Nano shall only be liable in the case provided for by mandatory law, e.g. for intent and gross negligence as well as in the case of personal injury. However, Nano shall only be liable for slight negligence in the event of breach of material contractual obligations, as well as in the event of impossibility for which Nano is responsible and in the event of default. The liability shall be limited to the damage typical for the contract, the occurrence of which Nano had to expect at the time of conclusion of the contract on the basis of the circumstances known at that time. In addition, Nano shall be liable without limitation for damages for which mandatory statutory provisions, such as the Product Liability Act, provide for liability.

(2) Nano shall not be liable for any damage arising in connection with the use of a consideration.

(3) We shall only be liable for loss of data in accordance with the above paragraphs and only if such loss could not have been avoided by reasonable data protection measures on the part of Brand.

(4) The limitations of liability shall also apply mutatis mutandis to vicarious agents of Nano.

(5) Nano shall have no further liability.

Nano shall not be liable for content created by Brand or the Influencer.

(6) If Brand sends products or other items to the Influencer in the course of the campaign implementation, Brand shall be solely liable for the condition of the items sent.

Nano assumes no liability and no warranty with regard to the shipment and the quality of the Brand’s product/service. 

(7) Unless otherwise agreed, the statutory limitation periods apply.

§ 8 Customer reference

(1) Unless otherwise agreed or unless the Brand expressly objects, the Brand agrees, upon conclusion of the contract, to serve as a reference for Nano.

The references may be presented in digital as well as in non-digital form. Nano may use both the company name of the Brand and the logo as well as publicly known information such as the industry in the presentation of the reference.

(2) The Brand may have the Reference removed at any time. Nano will carry out the removal of the reference within 20 days.

§ 9 Confidentiality

(1) The Brand undertakes to maintain confidentiality with regard to all information published on Nano. In particular, about information of prizes and data of participating Influencers.

In particular, this provision applies to the dissemination of information on the Internet and social networks.

(2) However, the brand is permitted to recommend Nano to others.

(3) The following items are excluded from the non-disclosure obligation:

1. a) Information known to the Brand prior to registration with Nano.
2. b) Information that the Brand has received from third parties about the Influencer after registration.
3. c) Generally publicly known information about a participating Influencer.

(4) Culpable violations of these regulations may lead to payment of damages. 

§ 10 Information on data processing

(1) Nano collects data of the Brand in the context of the processing of contracts. In doing so, Nano shall in particular observe the provisions of the Basic Data Protection Regulation.

Without the consent of Brand, inventory and usage data will only be collected, processed or used insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the consent of Brand, Nano will not use data for purposes of advertising, market or opinion research.

(3) Details can be found in Nano’s data protection regulations at any time.

§ 11 Final Provisions

(1) Contracts between Nano and Brand shall be governed by the laws of the Federal Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. The contractual language shall be German exclusively.

(2) The place of jurisdiction for all disputes arising from contractual relationships between Brand and Nano shall be Vienna.

(3) Should individual provisions of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The ineffective points shall be replaced by the statutory provisions, if any.

DEFINITIONS

“Campaign” – Publicly viewable offer of cooperation from the advertising company to all users (influencers) of the nano app who meet the demographic campaign conditions.

“Influencers” – advertisers, bloggers, video makers and other individuals or companies who create promotional content (photos or videos), where Influencers can be both consumers and entrepreneurs.

“Brands” – advertisers who publish campaigns on Nano.