Discover influencers

General Terms and Conditions "AGB" for influencers


Social Quest GmbH
Am Heumarkt 4, 1st floor
A-1030 Vienna
office@social.quest

These Terms and Conditions (“Terms” or “Agreement”) govern Creator’s access to the Social Garden Service (as defined in Section 1 below).

The Service is provided by the Austrian company Social Quest GmbH with company registration number 552134m and registered address Am Heumarkt 4, 1st floor, A-1030 Vienna. All references to “we”, “us” and “our” in the following refer to Social Quest GmbH.

You, as a representative of a private or legal person who wishes to use the Service (hereinafter referred to as “You” or “Creator”), must accept these Terms in order to use the Service. The Terms are accepted by expressly clicking “I accept” when prompted to do so when registering your account.

You can contact us at any time at support@social.garden if you have any questions about these terms and conditions.

1. definitions

“Creator”: a professional who creates and publishes content on social media sites for a fee. Also known as an influencer.

“Talent agencies”: Agencies that handle the collaboration on behalf of the creator. Often listed as “creators” in this agreement.

“Customer”: any legal entity that uses the service provided by Social Garden

wishes to subscribe to the service provided. Also referred to as a customer/buyer of the services provided.

“Advertiser”: a company that buys advertising services and wishes to establish and manage advertising cooperations.

“Agencies” (digital/PR/media): Agencies that handle advertising cooperation on behalf of advertisers.

“Booking Agreement”: means the agreement between the Creator and the Customer, based on a Booking Request, as described in Section 4.

2. about the service - Social Garden

The service is a cloud-based software application and collaboration platform and enables

  • Brand owners, advertisers, media agencies and others (“Clients”) to create and publish campaigns for their brands, products or services. These campaigns are displayed to matching Creators.
  • Professionals who create and publish content on social media websites (“Creators”) for a fee, to provide their services to brand owners, advertisers, media agencies and others (“Clients”).
  • customers to view Creator profiles and send booking requests.
  • to carry out the conclusion of booking agreements between Creator and Customer,
  • to carry out the payment of the fees agreed within the framework of a booking agreement from customers to Creator.

3. account registration

To register for the service, you need to download the “Social Garden” mobile app for iOS or Android and register an account. Please follow this link: https://creator.social.garden).

You are obligated:

(a) provide true, accurate, current and complete information as prompted by the Service’s registration form; and

(b) maintain and promptly update the registered data so that it is true, accurate, current and complete.

4. linking the social media channels

Creators can link their social media channels to the Social Garden app to discover and promote campaigns from national and international brands. You can find more information on this at: https://91d.ed4.myftpupload.com/blog/social-media-kanal-mit-social-garden-verbinden

5. conclusion of booking agreements and their fulfillment

Any Creator can apply for a customer’s campaign. The customer receives an e-mail notification about the application and can accept or reject it.

If the application is accepted, a binding booking contract is concluded between the Creator and the Customer.

If the Creator has completed the services and conditions under the booking agreement, proof of the completed work and results must be submitted to the Social Garden platform. The Customer shall receive an email notification with a link to check the proof of completed work and results.

If the customer acknowledges that the work complies with the booking agreement, they must accept the work by marking the submission as “Confirmed” on the Social Garden platform.

Social Garden is not a party to any booking agreements between the Creator and the Client and we disclaim any responsibility or liability arising out of or in connection with such agreements. Exceptions apply to professional services offered by Social Garden.

Release of the remuneration

All payments for services provided as part of a booking agreement are processed via the payment service provider Stripe. The terms and conditions for the payment services provided by Stripe, including information on the applicable fees for the use of their services, can be found at here to view.

When the customer confirms the submission of a Creator on the Social Garden platform, the agreed remuneration is paid to the Creator (the “payout”). For this purpose, the Creator must issue an invoice as listed in the Social Garden app in the respective campaign.

6. non-fulfillment by the Creator

If the Creator fails to perform by not providing or publishing content in accordance with the booking agreement, or if the Creator is not present at an activity specified in the booking agreement, the Customer may refuse to mark the submission as “successful”.

If the customer has been charged a Creator fee by Social Garden, Social Garden will credit the Creator fee to the customer.

If an accepted booking agreement is not concluded, the Creator risks having their profile checked.

7. settlement of disputes between Creator and Customer

Creator and Customer agree to first attempt to resolve any disputes between them themselves. If the parties are unable to resolve the matter, Social Garden may find a solution, regardless of whether the case is conducive to this.

Disputes regarding the release of the remuneration payment to the creator or a refund of the same to the customer will be resolved via Social Garden.

Each party has up to 10 days after the delivery date stipulated in the booking agreement to submit a cancellation request on the Social Garden platform.

When you contact the Social Garden platform, a dedicated team member will be assigned to your case. They will review the information provided by both parties before making a final decision. In some cases, it may be necessary to contact you to obtain additional information before a decision can be made.

8. restrictions and responsibilities

8.1 Your responsibilities

The Creator represents and warrants that it will use the Service only in compliance with all applicable laws and regulations and in a manner that will not harm the Service or the use by third parties.

You bear sole and full responsibility

  • for all content that you share via the service,
  • that you have the necessary rights to all materials (including, but not limited to, text, photos, sound, music) that you make available via the Service,
  • about your service as part of a booking agreement between you and a brand
  • about every message you send via the service

You are responsible for maintaining the security of your account, passwords and files and for all uses of your account with or without your knowledge or consent. If you suspect any unauthorized use of your account or any other breach of security related to your account, you must notify us immediately in writing at support@social.garden.

8.2 Restrictions

You may not use the service to

(i) produce and publish content that is invasive of privacy, demeaning, defamatory, libelous, unlawful, profane, obscene, pornographic, hateful or discriminatory;

(ii)produce and publish content that promotes illegal activities, including but not limited to the promotion of illegal gambling, illegal substances, software piracy or hacking; (iii) content that infringes the intellectual property rights of third parties ;

(iv) post content links or code that promote or refer to software piracy and/or activities commonly understood as Internet abuse, including but not limited to the sending of unsolicited bulk email and the distribution or use of spyware, malware, worms, Trojan horses, cancelbots, corrupted files or similar software;

(v)produce and publish content that you know to be false and misleading; or

(vi)produce and publish content that you expressly request the Creator not to disclose as advertising.

You may not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to modify, translate or create derivative works from the source code, or underlying structure, ideas, know-how or algorithms relevant to the Service or any related software, documentation or data, or use the Service or Software for the benefit of any third party.

9. fee for the service

The Creator service is free of charge. You can download the Social Garden Creator app free of charge at any time from the Apple AppStore or Google PlayStore. Find out more at: https://creator.social.garden

10. termination of your account and/or access to the Service

This agreement is valid until it is terminated or canceled by one of the parties.

To the fullest extent possible, Social Garden reserves all rights, without limiting any other remedies, to restrict, suspend or terminate our services and/or accounts, suspend or prohibit access to our services, remove content, and take any technical and/or legal action to block users.

Without limiting the reasons for taking the above actions, the behavior leading to this response could include the following:

(1) Use of our services for unlawful or non-bona fide purposes,

(2) Attempt to collaborate with the brand outside of the Social Garden platform,

(3) Create problems with other users,

(4) infringe the intellectual property rights of third parties,

(5) act contrary to the letter or spirit of any of our policies,

(6) Abuse team members (i.e.: inappropriate or inadequate communication); and

(7) Attempting to use the Social Garden platform or services for offensive purposes

11 Intellectual property rights and granting of licenses

Social Garden owns and retains all rights, including all intellectual property rights, whether registered or unregistered, in the Service and all related technology, including any algorithms or processes developed by Social Garden any derivations, modifications or improvements of the foregoing made by or for Social Garden, whether or not created or developed in connection with the Service.

Social Garden hereby grants Creator non-exclusive, non-sublicensable and non-assignable access to use the Service solely for Creator’s internal business operations in accordance with the terms of this Agreement.

The Creator owns and retains all rights, including all intellectual property rights, to all data that the Creator has entrusted to Social Garden for processing.

The Creator agrees that Social Garden may use or refer to content created within the framework of booking agreements concluded as part of our service for the purpose of marketing our service, unless otherwise agreed.

The Creator hereby grants Social Garden a non-exclusive, non-transferable, worldwide, royalty-free, fully paid-up, perpetual and irrevocable right and license to use the data derived from the analysis of customer data in aggregated or anonymized form for the purpose of providing and improving Social Garden’s products and services.

12. modification of the service and amendments to these terms and conditions

We reserve the right to change these terms and conditions. The most current version of these Terms will be posted at https://91d.ed4.myftpupload.com. If we make material changes to these Terms, we will notify you by email or via https://91d.ed4.myftpupload.com. If you do not accept these changes, you must stop using your account or request deletion at support@social.garden. Your continued use of Social Garden following the posting of our changes to these Terms means that you agree to the updated Terms.

13. personal data

In connection with your use of the service, we process personal data about you. You are welcome to read more about our privacy policy here.

14. compensation

The Creator agrees to indemnify, defend and hold harmless Social Garden from and against any and all third party claims for damages, losses, liabilities and expenses (including but not limited to costs and attorneys’ fees) arising out of any alleged violation of Section 7.

The parties shall notify each other immediately of any claims under this section.

The responsible party shall assume the handling and payment of all costs associated with such claim, provided that the other party has transferred control of the case to the responsible party. The other party shall assist the responsible party in the defense of such claim for a reasonable fee. Disputes between the parties in connection with liability for infringement of the intellectual property rights of third parties shall be settled in accordance with Section 20

15. limitation of liability

Social Garden’s liability under this Agreement shall not exceed the fee paid by the Creator to Social Garden under this Agreement in the 6 months prior to the act giving rise to the liability, plus VAT.

Neither party shall be liable to the other party for any special, incidental, indirect, punitive, or consequential damages, whether foreseeable or unforeseeable, that may arise out of or in connection with this Agreement, regardless of whether a party has been advised of the possibility or likelihood of such damages occurring, or whether claims are based on remedies sought in contract, tort, or otherwise.

Neither party shall be liable for cases of force majeure, cf. section 19.2.

The above restrictions shall not apply if the party concerned has acted willfully or with gross negligence or if a party has infringed the intellectual property rights of the other party or Section 18 of this Agreement.

16. no guarantee and exclusion of liability

In the event of a conflict between this Agreement and the information provided by a Social Garden representative or the Social Garden website, this Agreement shall prevail.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. SOCIAL GARDEN DOES NOT WARRANT THAT THE SERVICE WILL MEET ANY PARTICULAR PURPOSE OR NEED, OR THAT IT WILL BE PROVIDED WITHOUT ERROR. SOCIAL GARDEN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY SOCIAL GARDEN OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY WHATSOEVER.

Social Garden is not a party to a booking agreement between Creators and Customers. Social Garden merely acts as an intermediary for the interaction on the platform.

Creators and customers are neither representatives nor employees of Social Garden. Creator and Customer act solely on their own behalf and for their own benefit and not on behalf of or for the benefit of Social Garden. Social Garden does not monitor, direct or control Creator’s services in any way. We accept no liability for content created by the Creator as part of a booking agreement with a customer.

Under no circumstances shall Social Garden be liable for any acts or omissions of Creator or Client, including, but not limited to, infringement of third party intellectual property rights or claims arising from Creator’s or Client’s failure to fulfill their contractual obligations under this Booking Agreement.

In addition, Social Garden cannot be held liable for any acts or omissions of Stripe and expressly disclaims any responsibility or liability in connection with the provision of payment services by Stripe.

The above disclaimer does not apply in the event that Social Garden provides support as part of its professional services. The support is regulated in the full service contract.

17. confidentiality

For purposes of this Agreement, “Confidential Information” means all information, whether or not developed by a party, including but not limited to pre-existing or new information, relating to any ideas, designs, methods, discoveries, improvements, products, etc. software, trade secrets, product data and specifications, proprietary rights, business affairs, product developments, customer information or employee information, techniques, models, inventions, data, databases, proprietary code, know-how, pricing terms, business projections, sales and marketing plans and reports provided to either party under this Agreement.

During the term of the Agreement and for an indefinite period thereafter, each Party shall treat the other Party’s Confidential Information as strictly confidential and shall not disclose Confidential Information of the other Party to any third party in any form.

Each party shall be responsible for ensuring that its respective officers, agents and employees do not disclose, use or distribute the other party’s Confidential Information in violation of the terms and conditions of this Agreement. Each party will use commercially reasonable efforts to protect the other party’s Confidential Information.

18 General provisions

Insolvency

Should one of the parties become insolvent or initiate insolvency proceedings, the other party is entitled to terminate the contract with immediate effect.

Force majeure

If circumstances beyond the control of the parties, which are classified as force majeure under Austrian law, significantly impede the implementation of the agreement, the obligations of the parties shall be suspended to the extent that the circumstance is relevant and for as long as the circumstance persists.

If force majeure is invoked, the affected party must notify the other party. The obligation to notify shall also apply after the end of the force majeure.

In the event of force majeure, the parties are mutually obliged to inform each other of circumstances that may be of significance to the other party. The information must be provided within a reasonable period of time.

Either party may terminate the contract with thirty (30) days’ notice if force majeure makes compliance with the contract particularly difficult. If the contract is terminated due to force majeure, each of the parties shall bear its own costs in connection with the termination.

19 Applicable law and dispute resolution

All disputes arising out of or in connection with this Agreement shall be finally settled in accordance with Austrian law. If a dispute cannot be resolved through negotiation or mediation, either party may demand that the dispute be finally settled before the Austrian courts.

All parties agree to the jurisdiction of the Commercial Court of Vienna, Austria.