Terms of service
Influmonitor products and services are provided by Nine Degrees Limited (referred to as “us”, “we”, “Influmonitor”, or the “Company” herein). Please read these Terms of Service and our Privacy Policy (collectively, the "Agreement") carefully before using the Influmonitor application or website and/or the other domains, mobile apps, products, services, and/or content provided by Nine Degrees Limited (all of those collectively referred to as the "Services"). By using or accessing the Services, you ("User" or "you") agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn’t and aren’t permitted to use the Services. Use of our Services is expressly conditioned upon your assent to all the terms and conditions of this Agreement.
Access to the Services
The Services offered from time to time by Nine Degrees Limited (the "Company") in connection therewith are owned and operated by the Company. Subject to the terms and conditions of this Agreement, the Company may offer to provide certain services, as described more fully on the Website, and that have been selected by you, solely for your own use, and not for the use or benefit of any third party.
The Company may change, suspend, or discontinue the Services at any time, including the availability of any feature, database, or content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. The Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website and/or within the Application. You shall be responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
We authorize you, subject to these Terms, to access and use our Services solely for your personal use, and not for any commercial or other purposes unless explicitly authorized. This license is revocable by us at any time without notice and with or without cause.
In accordance with our Privacy Policy, we may also communicate with you when necessary regarding security, privacy, and administrative issues.
You may not use the Services and you may not accept these Terms if you are not of legal age to form a binding contract and otherwise capable of entering into this Agreement. We do not knowingly permit the use of our Services by children under the age of 13.
Collection and Storage of Information
Through your use of our Services, you consent to the collection, storage, and use of the information you provide, as outlined in our Privacy Policy. This includes the transfer of such information to, from, and within Hong Kong, the European Union, the United States, and other countries where Nine Degrees Limited or its service providers operate, for the purposes of processing and use by the Company in accordance with applicable laws.
Registration
In order to access and use our Services, you must create an account using a valid email address and a secure password. Influmonitor does not collect or store your Facebook or Instagram login credentials. However, we may collect and store certain publicly available information from your Instagram profile. This may include, but is not limited to, your Instagram username, full name, and profile picture URL.
You agree to provide information that is true, accurate, current, and complete, and to maintain and promptly update your account information to ensure its accuracy. If Nine Degrees Limited has reasonable grounds to believe that any information you have provided is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services.
Account, Password and Security
You are solely responsible for maintaining the confidentiality of your account credentials, including your email address and password, and for all activities that occur under your account. You agree not to hold Nine Degrees Limited liable for any loss or damage resulting from your failure to properly safeguard your account or password.
You must immediately notify us of any unauthorized use of your account or any other breach of security related to the account used to register for our Services. While we take reasonable steps to protect your information, you acknowledge that account security also depends on your actions and precautions.
Content and Use of Services
Our Services, and their contents, are intended solely for use by authorized users of the Services and may only be used in accordance with the terms of this Agreement and in compliance with Instagram’s Terms of Use.
All materials displayed or made available through the Services (including, but not limited to, text, graphics, articles, photographs, images, and illustrations, collectively referred to as the "Content") are protected by copyright and other applicable intellectual property laws. You agree to comply with all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services. You agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content or third-party submissions or proprietary materials not owned by you:
(i) without the express prior written consent of the respective owners; and
(ii) in any way that violates any third-party right.
The Services are protected under applicable copyright laws, including the Copyright Act. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or otherwise exploit, in whole or in part, any of the Content, software, materials, or Services.
You acknowledge that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person or entity from which such content originated. Nine Degrees Limited will not be held liable for any errors or omissions in any Content.
You understand and agree that:
We cannot guarantee the identity of any other users with whom you may interact through the Services;
We cannot guarantee the authenticity of any data users or merchants may provide about themselves;
You access and use all Content at your own risk, and you will be solely responsible for any resulting damage or loss to any party.
Under no circumstances will Nine Degrees Limited be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
Third Party Websites
The Services may contain links to third-party websites, applications, or services (“Third Party Services”) that are not owned or controlled by Nine Degrees Limited, or the Services may be accessible by logging in through a Third Party Service, as described more fully in our Privacy Policy. When you access any Third Party Services, you do so entirely at your own risk.
You represent and warrant that you have read and agree to be bound by all applicable terms, conditions, and policies of any Third Party Services related to your use of the Services and that you will comply with those policies in addition to your obligations under this Agreement.
Nine Degrees Limited has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices, or opinions expressed in any Third Party Services. Furthermore, the Company does not and cannot monitor, verify, censor, or edit the content of any Third Party Service.
By using the Services, you expressly relieve and hold harmless Nine Degrees Limited from any and all liability arising from your use of any Third Party Services.
Your interactions with any organizations and/or individuals found through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You acknowledge that it is your sole responsibility to conduct any investigation you deem necessary or appropriate before proceeding with any online or offline transaction with any third party.
You agree that Nine Degrees Limited shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings. If there is a dispute between users on the platform, or between users and any third party, you acknowledge and agree that Nine Degrees Limited has no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Nine Degrees Limited, its officers, employees, agents, and successors in rights from any and all claims, demands, and damages (actual or consequential), of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
Restricted Uses
You are solely responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may result in the suspension or termination of your right to access or use the Services.
You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain passwords, account credentials, or private information from any other user of the Services.
Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that is threatening, obscene, or otherwise unlawful), or to engage in any other illegal activity is strictly prohibited.
You agree that you will not:
Run Maillist, Listserv, any form of auto-responder, or “spam” on the Services;
Run any processes that are activated while you are not actively using the Website or Application, or that otherwise interfere with the proper functioning of the Services or impose an unreasonable load on the infrastructure;
Use any manual or automated software, device, or other processes to “crawl,” “scrape,” or “spider” any page of the Website;
Decompile, reverse engineer, or otherwise attempt to obtain or derive the source code or underlying ideas or information of the Services.
You are solely responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ANY CONTENT YOU SUBMIT, CONTRIBUTE, SHARE, OR OTHERWISE CAUSE TO BE TRANSMITTED THROUGH THE SERVICES, AND THAT YOU, NOT NINE DEGREES LIMITED, BEAR FULL RESPONSIBILITY FOR SUCH CONTENT, INCLUDING ITS LEGALITY, RELIABILITY, ACCURACY, AND APPROPRIATENESS.
NINE DEGREES LIMITED IS NOT RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY USER CONTRIBUTIONS SUBMITTED BY YOU OR BY ANY OTHER USER OF THE SERVICES.
Exclusivity
By using the basic Services provided to you free of charge, you agree to grant Nine Degrees Limited the exclusive right to collaborate with you in the promotion of brands and/or products through the Services.
This exclusivity applies to all forms of advertisements and promotional activities conducted in connection with the use of Influmonitor, including but not limited to sponsored content, affiliate campaigns, influencer promotions, and other marketing collaborations facilitated by the platform.
You agree not to engage in any competing promotional agreements involving the Services with third-party platforms, agencies, or tools, unless explicitly authorized in writing by Nine Degrees Limited.
Warranty Disclaimer
Nine Degrees Limited does not have a special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding:
which users access the Services;
what Content you access via the Services;
what effects such Content may have on you;
how you may interpret or use the Content; or
what actions you may take as a result of being exposed to the Content.
You hereby release Nine Degrees Limited from all liability for having acquired or not acquired Content through the Services.
The Services may contain, or direct you to websites containing, content or information that some users may find offensive, inappropriate, or objectionable. Nine Degrees Limited makes no representations regarding any content contained in or accessed through the Services and will not be held responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.
The Company also makes no representations or warranties regarding:
the accuracy of colors, textures, or visuals displayed within the Services;
the reliability of suggestions or recommendations of products or services offered or promoted through the Services, including (without limitation) the actual size, quality, fit, or effectiveness of such products or services.
Any products or services obtained through the Services—whether or not based on such suggestions or recommendations—are provided “AS IS”, without any warranty of any kind from Nine Degrees Limited or others, unless expressly and unambiguously stated in writing by a designated third party with respect to a specific product or service.
THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Privacy Policy
For information regarding Nine Degrees Limited’s treatment of personally identifiable information, please review the Company’s current Privacy Policy, which is hereby incorporated by reference into this Agreement. Your acceptance of these Terms of Service constitutes your acceptance of and agreement to be bound by the terms of the Privacy Policy.
Modifications
Nine Degrees Limited reserves the right to modify, suspend, terminate, or otherwise adjust the Services, including any of their features or functionalities, at any time and without prior notice. This may include the removal or addition of features, changes in service offerings, or updates to performance and access.
Termination
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time and for any reason by discontinuing access and deleting your account, if applicable.
Nine Degrees Limited reserves the right to terminate or suspend your access to the Services, or to deactivate your account, at any time, for any reason, and without prior notice. Such termination may result in the forfeiture and deletion of all information and data associated with your account.
The Company may also terminate or suspend access to the Services immediately, without prior notice or liability, if you are found to be in violation of any of the terms or conditions of this Agreement.
Upon termination of your account, your right to use the Services and access the Application or any related Content will cease immediately.
All provisions of this Agreement which, by their nature, should survive termination shall survive, including but not limited to:
ownership provisions,
warranty disclaimers, and
limitations of liability.
Law and Forum for Disputes
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions.
You agree that any claim or dispute you may have against Nine Degrees Limited must be resolved exclusively by a competent court located in Hong Kong, unless otherwise agreed in writing between the parties. You hereby consent to the personal jurisdiction and venue of such courts and waive any objections to such jurisdiction, including those based on forum non conveniens.
Arbitration
Any claim or dispute (excluding claims for injunctive or other equitable relief) arising out of or relating to this Agreement shall be resolved exclusively through binding, non-appearance-based arbitration in accordance with the rules of a recognized arbitration body, such as the Hong Kong International Arbitration Centre (HKIAC) or another mutually agreed upon institution. The parties do not necessarily intend for any particular arbitration institution to administer the arbitration.
The arbitration will take place in Hong Kong, and the internal laws of Hong Kong shall apply, without regard to conflict of law rules. The arbitration may, in whole or in part, be conducted by telephone, video conference, or based on written submissions, without requiring the personal appearance of the parties or any witnesses, unless otherwise agreed by the parties.
The arbitration shall be conducted by a single, neutral arbitrator who is a qualified legal professional and mutually agreed upon by the parties. If the parties cannot agree on an arbitrator within fourteen (14) days of the original arbitration demand, each party shall appoint one arbitrator, and the two appointed arbitrators shall select a third neutral arbitrator within thirty (30) days of the original demand. The decision and award of the arbitrator shall be final and binding, and may be entered in any court of competent jurisdiction.
The allocation of costs and fees of the arbitration shall be determined in accordance with the governing rules of the selected arbitration body. If such costs are ultimately deemed excessive in a consumer-related dispute, Nine Degrees Limited will cover all arbitration fees and arbitrator compensation in excess of what is considered reasonable.
Nothing in this Agreement shall prevent either party from seeking injunctive or other equitable relief relating to the infringement, misappropriation, or violation of intellectual property rights or proprietary information in any court of competent jurisdiction.
In the event that this arbitration clause is deemed unlawful, void, or unenforceable with respect to any claim, the parties agree that such claim shall be submitted to the exclusive jurisdiction of the courts located in Hong Kong, and both parties hereby irrevocably consent to the venue and personal jurisdiction of such courts.
Limitations of Liability and Indemnification
You expressly understand and agree that Nine Degrees Limited, including its affiliates, officers, employees, agents, partners, and licensors, shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
(i) your use of or inability to use the Services;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained, messages received, or transactions entered into through, from, or as a result of the Services;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the Services; or
(v) any other matter related to Nine Degrees Limited or the Services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
You agree that Nine Degrees Limited shall not be liable for any damages or losses of any kind arising from or related to your use of the Services. If your actions in connection with the Services result in legal claims or litigation involving Nine Degrees Limited, you agree to reimburse us for all legal fees, court costs, and any other expenses incurred as a result.
You further understand and agree that Nine Degrees Limited shall not be responsible for any loss of data or information stored in your Instagram account or otherwise transmitted through the Influmonitor platform, including in the event your computer or mobile device is sold, lost, or stolen.
You agree to indemnify and hold harmless Nine Degrees Limited, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors, from and against any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) made by any third party due to or arising out of:
your use of the Services,
your violation of this Agreement,
your violation of any rights of another person or entity.
Miscellaneous
The failure of either party to exercise, in any respect, any right provided for in this Agreement shall not be deemed a waiver of any further rights under this Agreement.
Nine Degrees Limited shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation (including “line-noise” interference or outages).
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of the Agreement remains in full force and effect and enforceable.
This Agreement is not assignable, transferable, or sublicensable by you except with prior written consent from Nine Degrees Limited. The Company may transfer, assign, or delegate this Agreement and its rights and obligations without consent.
Both parties agree that this Agreement constitutes the complete and exclusive understanding between the parties and supersedes all prior communications, proposals, and agreements—whether written or oral—relating to the subject matter herein. Any modifications to this Agreement must be made in writing and signed by both parties, except where otherwise provided herein.
No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and you do not have any authority to bind Nine Degrees Limited in any respect.
Section headings in this Agreement are provided for convenience only and shall not affect the meaning or interpretation of the provisions to which they relate.
Contact
If you have any questions, concerns, complaints, or claims regarding our Services, you may contact us at: