1.1. Picstars Ltd, a Swiss corporation with registered offices in Zurich, Switzerland and domicile at Bellariastrasse 7, 8002 Zurich, Switzerland (“Picstars” or “we”) provides services and products (the “Services”) through its platforms, such as but not limited to its smartphone apps and its web apps (the “Platform”), that enables influencers / micro-/ nano-influencers / talents / ambassadors (the “Ambassador”) to turn their social media content into marketing instruments for brands (the “Brand”) (together the “Users” or “you”).
1.2. By opening an account on the Platform and/or using the Services, you agree to be bound by these General Terms and Conditions (the “GTC”) and by the policies (the “Policies”) available on www.picstars.com/legal.
1.3. Picstars reserves the right to make unilateral modifications to these GTC and will provide notice of these changes as described below.
2. Accounts and Use of Services
2.1 In order to open an account on the Platform you have to be either an Ambassador or a Brand. When you open an account with Picstars, you must provide us with accurate and complete information. Additional terms may apply and Picstars may refuse accounts without mentioning any reasons.
2.2. Subject to these GTC, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Picstars reserves all rights not expressly granted herein.
2.3 The Services may include:
B. USE OF THE PLATFORM
3. Use of the Platform
3.1. Subject to these GTC, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Platform.
3.2. The Users acknowledge that the use of the Platform requires compatible devices. Further, some Services may requires various social media accounts to be connected to the Platform.
4. Content on the Platform
4.1. Some areas of the Service allow Users to post or provide content such as profile information, videos, images, music, comments, questions, and other content or information (any such images, videos and other material a User submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”). Picstars claims no ownership rights over User Content created by you.
4.2. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.
4.3. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.
4.4. Picstars reserves the right, but is not obligated, to reject and/or remove any User Content that Picstars believes, in its sole discretion, violates any of the provision of these GTC.
4.5. You grant Picstars a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute the User Content (including the Joint User Content as defined below) on through your social media channels, the Platform and partner platforms (partner apps, Brands apps, partner websites, Brand websites, integration in other media with widgets, etc.) for the purposes of operating, developing, providing, and using the Services.
4.6. You further grant a limited license to use the User Content (including the Joint User Content) for the use as references (such as but not limited to on its Platform and its websites), promotion of Ambassadors and marketing.
4.7. Nothing in these GTC shall restrict other legal rights Picstars may have to User Content, for example under other licenses.
C. ADVERTISING / SPONSORING
5.1. Picstars undertakes to provide the Advertising / Sponsoring Services as agreed between Picstars, the Brand and the Ambassador(s).
5.2. The Brand allows the embedding of its User Content into the Ambassador’s User Content in accordance with the Services agreed upon between the Parties (the “Joint User Content”).
5.3. The Brand, the Ambassador and Picstars may use the Joint User Content during the agreed campaign(s) and 30 days thereafter. Any further use requires the express consent of Picstars.
5.4. The Brand and the Ambassador acknowledge and agree that some analytical data of the reach of the campaigns may be based on assumptions and comparative data. This is due to the fact that depending on the social media channels (Facebook / Instagram / Twitter) and the type of account of the User (private vs. professional) the date is not made available to Picstars. Therefore, the accuracy cannot be guaranteed fully. Picstars’ reports are however binding for the calculation of the fees (if the fees are based thereon).
6. Ambassador’s Obligations
6.1. As an Ambassador you acknowledge and agree that by publishing User Content for a Brand you act as an ambassador of such Brand. As such, you undertake
6.2. As an Ambassador, you agree
6.3. As an Ambassador you agree and acknowledge that by publishing your User Content to your social media channels, you further accept the terms of such social media channels and undertake to comply with such terms.
6.4. As an Ambassador you agree and acknowledge that Picstars analyses the reach of your User Content on the various social media channels, including sharing (including re-tweets), interests (likes) or comments, etc.
7. Relationship between the Ambassador and the Brand
7.1. The Ambassadors and the Brands acknowledge and agree that sponsoring and advertising services provided by an Ambassador to a Brand create a direct contractual relationship between them.
7.2. Picstars does not warrant that Ambassadors and Brands act in good faith and/or comply with their contractual obligations under these GTC when using the Services. The Brand is therefore responsible for any control and, if necessary, intervention if an Ambassador does not meet the expectations of the Brand. This includes, among other things, posts which do not correspond to the agreed specifications. By means of the Cockpit, however, the Brand has insights into the activities of its Ambassadors and thus also the opportunity to contact and influence its Ambassadors.
7.3. Picstars undertakes to notify the Brand and the Ambassador in case of knowledge of any breach of the GTC and to remove or block temporarily content that is deemed in or has been claimed to be in breach with the GTC.
7.4. The Ambassador and the Brand have the right to agree upon further rights and obligations applicable to them, provided such terms (i) do not affect the rights and obligations of Picstars under these GTC, and (ii) no further compensation is agreed upon between the Ambassador and the Brand for the Services, unless Picstars provides its explicit and prior consent.
D. PAID SERVICES
8. Picstars Fees
8.1. Certain aspects of the Service may be provided against fees (the “Picstars Fee”). If and when Picstars provides Services requiring payment, and you elect to use paid aspects of the Service, you will be provided with pricing and payment terms.
8.2. Picstars may add new services for additional fees and charges, add or amend fees and charges for existing Services, at any time in its sole discretion.
9.1. Certain Services provided by Ambassadors to Brands may be provided against fees (the “Ambassador Fee”), and are either paid directly from the Brand to the Ambassador, or indirectly paid through Picstars.
9.2. In case that Picstars invoices such Ambassador Fee to the Brand in its own name but on behalf of Ambassador, Picstars shall pay the Ambassador in its own name but on behalf of the Brand. The Ambassador Fee becomes payable to the Ambassador at the earliest when Picstars was paid by the Brand.
9.3. In case an amount for Ambassador Fees remains after the agreed campaign ends, such amount shall remain at the Brand’s disposal for future campaigns, but unless otherwise agreed upon, such amount shall not be reimbursed. In case such amount is not used within 18 months as of the end of the last campaign of the Brand, the amount becomes due to Picstars.
9.4. In case that an Ambassador does not provide the Services as agreed, he shall not be entitled to the payment of the Ambassador Fee. In case the Ambassador was introduced by Picstars, the Brand shall be entitled to a pro rata reimbursement of the Picstars Fee, as well as a reimbursement of the remaining Ambassador Fee, unless Picstars provides an equivalent Ambassador. If the Ambassador was introduced by the Brand, the Picstars Fee remains due, and the remaining Ambassador Fee held by Picstars, in any, may be used for future campaigns as stated above.
9.5. In case that the Services provided by an Ambassador are subject to VAT, the Ambassador Fee shall be considered as including VAT, and the Ambassador undertakes to provide either the Brand or Picstars (whatever the case may be) with the necessary VAT compatible invoice.
9.6. In case that the Services provided by an Ambassador are subject to social security contributions, taxes or other contributions to which usually an employer is subjected, the Brand acknowledges and agrees to bear such costs and to hold Picstars harmless thereof.
E. INTELLECTUAL PROPERTY
10. Picstars Proprietary Rights
10.1. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks and service marks (including, without limitation, the Picstars mark), copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Picstars Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Picstars and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these GTC shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Picstars Content. Use of the Picstars Content for any purpose not expressly permitted by these GTC is strictly prohibited.
10.2. Picstars reserve all rights to the Picstars Content not expressly granted in these GTC, and no right or license in the Picstars Content is granted to you, except as expressly set forth in these GTC.
F. NON-DISCLOSURE AND DATA PRIVACY
11.1. Picstars undertakes not to disclose any confidential transactions, in particular business or trade secrets of Users, that have come to its knowledge in the course of the preparation, execution and fulfilment of this contract and not to disclose this information to third parties without the User's authorisation.
11.2 This applies to any unauthorized third parties if the disclosure of information is not necessary for the proper fulfilment of Picstars' contractual obligations.
12. Data privacy
12.1. Picstars is entitled to pass on all User data to group companies for the purpose of providing the Services through such group companies.
12.2. Picstars is authorized within the scope of legal regulations to store and evaluate User data for operational purposes (in particular market research). Anonymised data may also be used further. The Users expressly agree to this.
G. FINAL CLAUSES
13. Duration and Termination
13.1. The contractual relationship may be terminated by either Party at any given time without notice. In case that Parties agreed to specific Services, the contractual relationship may however be terminated only as per the end of the agreed Services.
13.2. Each Party shall have the right to terminate these GTC with immediate effect by notice given to the other Party, in case (i) of material breach of the agreement by the other Party, and such material breach has not been cured within 10 days after notification of such breach; (ii) of repeated breach of the agreement by the other Party, and such breach was notified to the other Party; (iii) a Party files for bankruptcy or voluntary reorganization, or ceases to do business in the ordinary course, or undergoes a liquidation or dissolution.
14. Limitation of Liability and Indemnification
14.1. Picstars is only liable for direct damages caused by its gross negligence or willful intent. Any other liability is excluded.
14.2. Picstars has not obligation to check the User Content and assumes no responsibility for it.
14.3. In the event that third parties assert claims against Picstars due to infringement of their rights on the basis of the User Content or due to some other use of Picstars, you shall indemnify Picstars from all claims and damages, including court costs and attorneys' fees.
15.1. In the case where any of the provisions of these GTC would be considered or held, at any time whatsoever, by an authority or a court having jurisdiction, as being inapplicable, illegal or unenforceable, the validity, the legality and enforceability of the other provisions of these GTC shall not be affected; the parties, however, agree that in such case, they shall negotiate in good faith in order to agree on terms that shall be applicable and that shall supersede the provision which would be null, illegal or unenforceable; these terms will have to be as consistent as possible with the intent of the parties as initially expressed.
15.2. These GTC constitutes the entire understanding between the Parties with respect to the subject matter of these GTC and supersedes all prior agreements, negotiations and discussions between the Parties relating to it. GTC of the Users do not apply.
15.3. The parties declare that each has the right, power and authority and has taken all necessary action to execute and deliver and to exercise their rights and perform their obligations under these GTC.
15.4. The failure of either party to exercise or enforce any right under these GTC shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.
15.5. The contractual relationship, and any rights and obligations granted hereunder, may not be transferred or assigned by you, but may be assigned by Picstars without restriction.
15.6. Picstars may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Picstars in our sole discretion. Picstars reserves the right to determine the form and means of providing notifications to our Users. Picstars may, in its sole discretion, modify or update these GTC from time to time, and so you should review this page periodically. When we change these GTC in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new GTC. If you do not agree to the GTC or any future GTC, do not use or access (or continue to access) the Service.
16. Applicable Law and Jurisdiction
16.1 These GTC shall exclusively be governed by Swiss substantive law, excluding the conflict of law provisions of the Swiss Federal Act on International Private Law and the Lugano Convention and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980).
16.2. The Parties hereto consent to the exclusive jurisdiction of the courts of Zurich, Canton of Zurich, Switzerland, with respect to any dispute, controversy or claim arising out of or in relation to these GTC and all current and future Annexes, including the validity, invalidity, breach or termination thereof.
What information do we collect?
We collect information in a few different ways:
1. When you give it to us or give us permission to obtain it
When you sign up for or use our products, you voluntarily give us certain information. This can include your name, profile photo, comments, likes, email address you used to sign up, and any other information you provide us. If you’re using Picstars Services on your mobile device with the Picstars App, you provide us with information such as location data, address books and the pictures stored on your device and information you enter in the Picstars App.
You also may give us permission to access your information in other services. For example, you may link your Facebook, Twitter and other social media accounts to, which allows us to obtain information from those accounts (like your friends, contacts, pictures, comments, shares, etc.). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are. Please note however, that depending on how you configure your settings, the Picstars Services may be limited and may not be provided at all.
2. We also get technical information when you use our products
These days, whenever you use a website, mobile application, or other internet service, there’s certain information that almost always gets created and recorded automatically. The same is true when you use our products. Here are some of the types of information we collect:
Log data. When you use Picstars Services, our servers automatically record information (“log data”), including information that your browser sends whenever you visit a website or your mobile app sends when you’re using it. This log data may include your Internet Protocol address, the address of the web pages you visited that had Picstars features, browser type and settings, the date and time of your request, how you used Picstars, and cookie data.
Device information. In addition to log data, we may also collect information about the device you’re using the Picstars Services on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.
3. Information from your social media channels
We collect information from your connected accounts (your social media accounts), especially regarding the Ambassador Content that you post through the Picstars App, such as the number of views, the comments, the shares, the likes, the tweets, the re-tweets, etc. But we may also collect information on content that was not posted through the Picstars App.
4. Information from a third party app
When you use our platform through a third party app that uses Picstars Services, we collect information the same way as mentioned above in section 1.
How do we use the information we collect?
We use the information we collect to provide the Picstars Services, make them better, develop new products, and protect Picstars, the Picstars and the Brands.
We also use the information
to publish and share your Ambassador Content along with the Brand Material on your social media channels; we do only add Brand Material to your Ambassador Content, that you have specifically selected;
to make assumptions on the success of potential campaigns for Brands, so that we can optimize the potential of Picstars as Brand ambassadors
to suggest Brands to you based on your interests, audience and reach
to provide information to the Brands so that they can assess the success of campaigns
Respond to your questions or comments.
The information we collect may be “personally identifiable” (meaning it can be used to specifically identify you as a unique person) or “non-personally identifiable” (meaning it can’t be used to specifically identify you). We use both types of information, and combinations of both types, as described above.
What choices do you have about your information?
Our goal is to give you simple and meaningful choices over your information. If you have a Picstars account, many of the choices you have on Picstars are built directly into the product or your account settings. For example, you can:
Access and change information in your profile page
Change privacy settings
Link or unlink your Picstars account from a connected account
Close your account at any time. When you close your account, we’ll deactivate it and remove your information from Picstars. We may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam), as well as anonymised data. We also may retain copies of your information in case that a Brand has retained such right from you and instructs us to retain such information on his behalf.
How and when do we share information?
If you access the Picstars Services with a third party app, we may transfer your data to such third party app provider.
The Picstars Services may contain links to websites, embedded content from websites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.
Online advertisers typically use third party companies to audit the delivery and performance of their ads on websites and apps. We also allow these companies to collect this information on Picstars.
If we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or Picstars; or to detect, prevent, or otherwise address fraud, security or technical issues.
We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.
We may also share aggregated or non-personally identifiable information with our partners, advertisers, or others. For example, we may tell a Brand how many people shared something they shared, or the percentage of people who like a post after viewing it.
How do we make changes to this policy?
We may change this policy from time to time, and if we do we’ll post any changes on this page. If you continue to use Picstars Services after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide more prominent notice or get your consent as required by law.
Our Commitment to Data Security
Picstars uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to Picstars, and you do so at your own risk. Once we receive your transmission of information, Picstars makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If Picstars learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Picstars may post a notice through the Service if a security breach occurs.
In principle, the data is stored in Switzerland. However, Picstars works or may work with various cloud providers, and it cannot be excluded that data is stored in the USA, being said that Picstars only uses providers that are participants in the Safe Harbor program developed by the U.S. Department of Commerce and (1) the European Union and (2) Switzerland, respectively.
You acknowledge and agree that Picstars may at any time change the location of the data, provided such data is hosted in Europe, in Switzerland or with a provider that is participating in the Safe Harbor program developed by the U.S. Department of Commerce and (1) the European Union and (2) Switzerland, respectively.
Picstars Contact Information