Terms of Service
Effective date: 31 July 2026 · Last updated: 31 July 2026
These Terms of Service ("Terms") govern your access to and use of the BookInfluencers mobile application, our website at bookinfluencers.app and all related services (together, the "Services").
By creating an account, booking a campaign, opting into a Reach Package or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.
- Section 4 — our role as an intermediary. We are not a party to your collaboration agreement.
- Section 7 and Section 8 — fees, and what happens when payments, deposits or payouts fail, are delayed or are displayed incorrectly.
- Section 12 — availability. There is no uptime guarantee, and software errors are unavoidable.
- Section 16 — limitation of liability.
1. Provider, Scope and Contract Language
1.1 Provider
The Services are operated by:
[Legal name and legal form]
[Street and number]
[Postal code and city], Germany
Represented by: [Managing director / owner]
Commercial register: [Court and HRB number] · VAT ID: [USt-IdNr.]
Email: info@bookinfluencers.app
("BookInfluencers", "we", "us", "our").
1.2 Scope
These Terms apply to the contract between you and us regarding the use of the Services (the "Platform Contract"). They do not replace the separate agreement that a Brand and a Creator conclude with each other through the Services (the "Collaboration Agreement", see Section 4).
1.3 No conflicting terms
Your own general terms and conditions do not apply, even if we do not expressly object to them and provide the Services without reservation.
1.4 Languages
These Terms are provided in English and German. For users whose habitual residence or registered seat is in Germany, Austria or Switzerland, the German version prevails in the event of any discrepancy; for all other users the English version prevails.
1.5 Data protection
How we process personal data is described in our Privacy Policy, which forms part of the information provided to you but is not part of the contractual terms.
2. Definitions
| Term | Meaning |
|---|---|
| Brand | A user acting in a commercial or professional capacity who books advertising services through the Services. |
| Creator | A user (also referred to as "influencer") who offers advertising services on their own social media channels through the Services. |
| Deal / Campaign | An individually negotiated booking between one Brand and one Creator (request, acceptance or counter-offer, content, approval, payment). |
| Reach Package | A programmatic booking in which a Brand defines a reach goal, a price per 100,000 verified views and targeting criteria, and multiple Creators opt in individually. |
| Content | Any material published, uploaded, submitted or transmitted through or in connection with the Services, including campaign content, profile data, messages and reviews. |
| Platform Fee | Our remuneration for providing the Services, as displayed in the app before a booking is confirmed (Section 7). |
| Payment Provider | Stripe Payments Europe, Ltd. and its affiliates, which process all payments and payouts. |
| Connected Account | The Stripe Connect (Express) account a Creator must maintain in order to receive payouts. |
3. Eligibility, Registration and Account
3.1 Minimum age and capacity
The Services are available exclusively to persons who are at least 18 years old and have full legal capacity. Registration on behalf of a company requires authority to represent that company.
3.2 Accurate information
You must provide truthful, complete and current information (in particular identity, contact details, business data, social media accounts, tax and payout information) and keep it up to date. Providing false follower numbers, false engagement data, false ownership of a social media account or a false identity is a material breach of these Terms.
3.3 One account
Each user may operate only one account per role unless we agree otherwise in text form. Accounts are personal and may not be sold, rented, shared or transferred.
3.4 Credentials
You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us without undue delay at info@bookinfluencers.app if you suspect unauthorised use.
3.5 Verification and badges
We may — but are not obliged to — verify accounts, businesses or social media connections. A verification badge, a "featured" placement, ranking, rating or any metric shown in the Services is an aid to orientation only. It is not a warranty, and specifically no warranty of identity, solvency, quality, legality, professional qualification or performance of the user concerned.
3.6 Independent status
Creators act as self-employed contractors. Nothing in these Terms creates an employment relationship, agency, partnership, joint venture or exclusive relationship between you and us, or between Brands and Creators beyond the Collaboration Agreement they conclude. Each party is responsible for its own taxes, social security contributions and levies (including, where applicable in Germany, the artists' social security levy under the KSVG, which may be payable by the Brand).
4. Our Role: Intermediary Marketplace Only
4.1 What we do
We provide a technical platform that allows Brands and Creators to find each other, negotiate, conclude and process bookings, exchange messages, submit and approve content, and have payments handled by our Payment Provider.
We are not a party to the Collaboration Agreement between a Brand and a Creator. We are not a talent agency, advertising agency, media agency, employer, broker of financial services, payment service provider or escrow agent. We do not owe the advertising service itself, and we do not assume any obligation, guarantee or liability for its performance.
4.3 Contract formation between users
The Collaboration Agreement is concluded exclusively between the Brand and the Creator — for Deals upon acceptance of a request or counter-offer within the Services, and for Reach Packages upon the individual opt-in of a Creator to a Brand's package. Its content is determined by the booking details, the brief, the package terms and any contract text generated in the Services.
4.4 Generated contract texts
Contract texts generated automatically by the Services (for campaigns and Reach Package participations) are a convenience feature and a template only. They do not constitute legal advice, we do not warrant that they are complete, up to date, enforceable or suitable for your individual case, and each party remains responsible for reviewing them and, where appropriate, obtaining its own legal advice.
4.5 No guarantee of outcome
We do not guarantee that bookings, requests, matches, opt-ins or offers will materialise, that any particular reach, views, impressions, engagement, conversions or sales will be achieved, that a Creator will deliver on time or in the agreed quality, or that a Brand will approve content or pay. We give no guarantee that the platform will be free of users acting in breach of contract.
4.6 No general monitoring
We are not obliged to monitor Content proactively. We may, however, review, restrict or remove Content and accounts in accordance with Section 11.
4.7 AI-supported features
Some features (e.g. AI matching, content or message checks) use automated and AI-based analysis. Their results are suggestions that may be incomplete or incorrect. They do not replace your own assessment, and no rights can be derived from them.
5. The Services in Detail
5.1 Profiles and discovery
Creators can publish a profile with metrics, packages, prices and availability. Brands can search, filter and contact Creators. Profile data — in particular follower counts, views, engagement rates and audience data — largely originates from third-party interfaces (Meta, Google/YouTube, TikTok and others) or from user input. We pass this data on essentially unchanged and do not warrant its accuracy, completeness, timeliness or freedom from manipulation.
5.2 Deals
A Deal typically runs as follows: request → acceptance or counter-offer → authorisation of the Brand's payment → content submission by the Creator → review by the Brand → approval (payment release) or rejection/dispute. Deadlines, deliverables and usage rights are determined by the individual booking.
5.3 Automatic release and expiry
For process reasons, we may release or reverse payments automatically after periods stated in the Services (e.g. automatic release if a Brand does not review submitted content within the stated period, or automatic resolution of expired campaigns). These automatisms serve the orderly processing of the payment flow; they do not constitute a decision on who is right under the Collaboration Agreement and do not prejudice the users' claims against each other.
5.4 Reach Packages
In a Reach Package, the Brand defines a reach goal, a price per 100,000 views, targeting criteria, a term and, where applicable, limits per participant. Creators who meet the criteria may opt in while capacity remains. The following applies in particular:
- Views are verified via the platform interfaces (APIs) of the respective social networks. Self-reported figures are not remunerated.
- Remuneration is calculated only on verified views, subject to the minimum view threshold, the cap per participant and the remaining package budget shown at the time of opt-in.
- The Brand's stated budget is an upper limit, not a fund held for participants. An opt-in creates no claim to a minimum payment, to a specific share of the budget or to the budget being exhausted.
- A package may end early once the reach goal, the budget or the maximum number of participants is reached, or if the Brand cancels it in accordance with the package terms.
- If views cannot be verified (for example because a third-party interface is unavailable or restricted, the account is set to private, or the post is deleted, changed or not eligible for measurement), verification may be delayed or impossible. Unverifiable views are not remunerated. We may extend the verification period, request additional evidence, or refuse payment for the affected views.
- We operate automated fraud detection. Where anomalies occur (in particular implausible view curves, purchased reach, coordinated behaviour, bot traffic), we may flag the participation, withhold payment for a reasonable period pending review (usually no more than 30 days) and, in the event of confirmed manipulation, refuse it and take measures under Section 11.
5.5 Messaging and anti-circumvention
Communication between users takes place within the Services. Messages are automatically scanned for contact details and other indications of circumvention, and such details may be automatically redacted. Messages are stored for evidence, safety and dispute-resolution purposes. Section 9.2 applies to circumvention.
5.6 Reporting and blocking
You can report and block other users and Content from within the Services. We review reports within a reasonable time and take appropriate measures under Section 11.
5.7 Social account connections and third-party terms
Connecting Instagram, Facebook, YouTube, TikTok or other accounts requires your consent and is subject to the terms of the respective provider in addition to these Terms:
- Meta Platform Terms (Facebook & Instagram)
- YouTube API Terms of Service and Google Privacy Policy
- TikTok Terms of Service
- Apple EULA (for App Store users)
Those providers may change, restrict or terminate their interfaces, permissions and data scopes at any time. If this happens, related functions (e.g. automatic metrics or view verification) may become restricted or unavailable without this constituting a defect in our Services. We are not responsible for the actions, content or policies of third-party platforms; issues with your social media accounts must be resolved directly with the respective platform.
5.8 Optional paid features
We may offer paid features (e.g. subscriptions such as Creator Pro or Brand Business, or featured placements). Where such features are offered in the iOS app, they are sold through Apple's in-app purchase system; the contract for the purchase is then subject to Apple's terms, and billing, renewal, cancellation and refunds are handled via your Apple account. Availability of paid features may vary and they may not be offered at all times.
6. Your Obligations and Prohibited Conduct
6.1 General
You will use the Services only in accordance with these Terms and applicable law, and will not misuse them.
6.2 Prohibited in particular
You must not:
- provide false, misleading or third-party identity, business, account or metric data, or use social media accounts you do not control;
- purchase, generate or otherwise artificially inflate followers, views, impressions, likes, comments or other engagement, or use bots, click farms, incentivised traffic or paid promotion where the booking does not permit it;
- manipulate or attempt to manipulate the measurement of views or the fraud-detection systems;
- exchange direct contact details in order to circumvent the Services, or circumvent them in any other way (Section 9.2);
- publish Content that is unlawful, infringing, misleading, defamatory, discriminatory, harassing, pornographic, glorifying violence, harmful to minors or otherwise objectionable, or that infringes third-party rights (in particular copyright, trade mark, personality or competition rights);
- fail to label advertising as required by law (in Germany in particular § 5a(4) UWG, and equivalent rules such as the FTC Endorsement Guides where applicable) or breach the advertising rules of the respective social network;
- create multiple or fake accounts, transfer accounts, or evade a suspension or ban;
- scrape, mine, systematically extract or index data, reverse engineer, decompile, or access the Services by automated means, except where expressly permitted;
- use the Services or our proprietary data to build a competing platform;
- impair the security, integrity or availability of the Services, introduce malware, or circumvent access controls or rate limits;
- use the Services in breach of applicable sanctions, export control, money-laundering or tax law.
6.3 Your responsibility for Content and for the Collaboration Agreement
You are solely responsible for the Content you publish and for fulfilling your obligations under the Collaboration Agreement, including all advertising, tax, competition and platform-specific requirements.
7. Fees, Payments and Payouts
7.1 Registration is free
Creating an account and browsing the Services is free of charge. Fees are incurred for the transactions and paid features described below.
7.2 Platform Fees
For each booking processed through the Services, we charge a Platform Fee. It currently consists of a fee charged to the Brand in addition to the booking price (currently 7.5 %) and a fee deducted from the Creator's remuneration (currently 5 %), plus the payment processing costs of the Payment Provider (currently 1.5 % + € 0.25). The amounts actually applicable are always those displayed in the Services immediately before you confirm a booking. We may change our fees for the future; changed fees apply only to bookings made after the change takes effect and never retroactively to bookings already confirmed.
All payments are processed by the Payment Provider. Payments from Brands are routed directly to the Creator's Connected Account; we receive only our Platform Fee. We do not hold, administer or forward funds on your behalf and do not operate a payment or e-money service. Use of the Payment Provider requires you to accept its terms of service; we have no influence on its decisions (in particular identity/KYC checks, risk decisions, account restrictions and reserves).
7.4 Authorisation and release (Deals)
When a Deal is booked, the Brand's means of payment is generally authorised (reserved) but not yet charged. The amount is captured and forwarded to the Creator only upon release (approval by the Brand, automatic release, or a decision under Section 13). Authorisations are valid only for a limited period set by the card networks and may lapse. If an authorisation lapses, fails or is revoked, the booking may be cancelled without a claim arising against us.
7.5 Reach Package payments
In Reach Packages, each participation is paid individually and directly to the participating Creator after verification of the views. There is no advance collection of the total budget.
7.6 Payouts and holding periods
Payouts require a fully verified Connected Account (including identity verification and bank details). Payouts are made after the holding period applicable to the booking type (currently 3 days for Deals, 7 days for Reach participations, 5 days for fixed-price participations), subject to verification, fraud checks and the requirements of the Payment Provider. We may change the holding periods for the future with reasonable notice.
7.7 Taxes and invoicing
Each user is responsible for correctly taxing its own income and for its own accounting, invoicing and reporting obligations. We create documents (e.g. credit notes/self-billing invoices for Creators and fee invoices) for the transactions processed. These documents are prepared automatically on the basis of the data you provide; checking them is your responsibility. Where required by law, we report platform operator data to the competent tax authorities (in Germany under the PStTG/DAC7); you must provide the information required for this on request.
7.8 Chargebacks and reversals
If a payment is reversed after a payout (in particular by chargeback, reversal, refusal by the card issuer or the Payment Provider, or as a result of fraud), the recipient must return the amount received. We may set off such amounts against future payouts or claim them back. Fees already incurred and payment processing costs remain payable insofar as the reversal is not attributable to us.
7.9 Set-off and retention
You may set off only against claims that are undisputed or have been established by a final court decision. You may exercise a right of retention only in respect of claims arising from the same contractual relationship.
8. Payment Errors, Technical Faults and Corrections
This section supplements Section 7 and applies to all payments, authorisations, deposits, prepayments, captures, credits and payouts processed through the Services.
The Services are software and depend on third-party systems (in particular the Payment Provider, banks, card networks, Apple, our hosting provider and the social networks). We therefore do not warrant that a payment, authorisation, deposit, prepayment, release or payout will be executed at all, at a specific time, in full or without error. Payments may fail, be delayed, be executed twice, be reversed, be rejected by the Payment Provider or the issuing bank, or be blocked by risk or compliance checks — including for reasons entirely outside our control.
8.2 Displayed amounts are non-binding previews
Amounts, fees, balances, budgets, view counts, estimated payouts and status indicators displayed in the Services are calculated automatically and may be incorrect due to software errors, misconfiguration, delayed or faulty data from third-party interfaces, or synchronisation issues. Binding is exclusively the transaction actually executed and confirmed by the Payment Provider, or our final settlement of the transaction concerned. In particular, a status shown in the app (e.g. "paid", "released", "credited") does not create an independent payment obligation on our part if the underlying transaction was not actually executed.
8.3 Right and duty of correction
We are entitled to correct, reverse, withhold, offset or reclaim payments, credits, payouts, fees and balances that were made or displayed in error — in particular as a result of software errors, incorrect data, double execution, misapplied fee parameters, manipulation or third-party error. An obvious error creates no entitlement. If you notice that an amount has been credited or paid out to you without a legal basis or in excess, you must inform us without undue delay and must not dispose of the amount. Statutory claims for unjust enrichment (§§ 812 et seq. BGB) remain unaffected.
8.4 Your duty to check and notify
Please check credits, payouts, invoices and fee statements without undue delay and report any discrepancy to info@bookinfluencers.app as soon as you become aware of it, stating the transaction concerned. Prompt notification allows us to investigate and correct errors; your statutory claims remain unaffected regardless of when you notify us.
Creators should not begin work, publish content or incur expenses before the Services show that the Brand's payment has been successfully authorised or secured for the booking concerned. Brands should not rely on a Creator's performance before the corresponding booking status is shown. Where you perform in advance of a confirmed payment status, you do so at your own risk; contributory negligence (§ 254 BGB) will be taken into account.
8.6 Interruptions in the payment flow
We may suspend payments and payouts temporarily and in whole or in part where this is necessary for technical reasons, for maintenance, for security reasons, due to a suspicion of fraud or manipulation, due to legal or regulatory requirements, or at the request of the Payment Provider. We will inform affected users of significant interruptions and restore the process as soon as reasonably possible.
8.7 Liability
Our liability for damage resulting from failed, delayed, duplicated, incorrectly calculated or unexecuted payments, deposits or payouts, and from errors in the Services, is governed exclusively by Section 16. This applies in particular to lost profits, missed campaigns or bookings, expenses incurred in reliance on an incorrect display, and consequential loss.
8.8 Obligation to perform between users unaffected
Even if a payment fails or is delayed, the payment and performance obligations between Brand and Creator under the Collaboration Agreement remain unaffected. Where a payment cannot be processed through the Services, the parties must clarify the settlement between themselves; we are not obliged to advance, guarantee or otherwise assume payments.
9. Platform Obligation and Circumvention
9.1 Processing through the Services
Bookings that come about through a contact established via the Services must be concluded and processed through the Services, including payment.
9.2 Circumvention
You must not conclude or settle, outside the Services and for a period of 12 months following the first contact, transactions with a user you were introduced to through the Services, or attempt to do so, if the purpose is to avoid the Platform Fee. If you culpably breach this obligation, we may claim damages in the amount of the Platform Fees that would have been payable for the transaction concluded outside the Services, and at least € 250 per case. You remain free to prove that no damage was incurred or that the damage was substantially lower than this amount. Our right to take measures under Section 11 remains unaffected, as does our right to claim higher damages that we can prove.
9.3 Legitimate contacts
Section 9.2 does not apply where a business relationship between the users concerned demonstrably existed before contact was established via the Services, or where the transaction has no connection to the Services.
10. Content, Rights of Use and Third-Party Rights
10.1 Your rights remain yours
You retain ownership of and all rights to the Content you create. Nothing in these Terms transfers ownership of your Content to us.
10.2 Warranty of rights
You warrant that you hold all rights required to publish and transfer the Content you submit and to grant the rights of use described here, and that the Content does not infringe third-party rights or applicable law (including image rights of persons shown, music, brands and other protected material).
10.3 Rights granted to the Brand
The scope of the rights of use granted to the Brand in campaign content (media, channels, territory, duration, exclusivity, editing and sublicensing rights) is determined exclusively by the Collaboration Agreement between the Brand and the Creator. Unless expressly agreed otherwise there, the Brand receives only the right to use the content in connection with the booked campaign; no exclusive, unlimited or perpetual rights are granted by default, and any additional usage (e.g. paid media) must be negotiated separately. We are not a party to this grant of rights and assume no liability for its scope, validity or observance.
10.4 Licence to us
You grant us the simple (non-exclusive), revocable, territorially unrestricted right, free of charge, to store, reproduce, adapt technically (e.g. format and size), display and make available the Content you publish through the Services to the extent necessary to operate, provide, secure and improve the Services. In addition, you grant us the right to use publicly visible profile information and published campaign results for referencing and promoting the platform; you may object to this promotional use at any time with effect for the future by emailing info@bookinfluencers.app.
10.5 Notice and takedown
If you believe Content in the Services infringes your rights or the law, please contact info@bookinfluencers.app with a description of the Content, its location and the reason. We review such notices and remove or block Content where required.
10.6 Our own rights
The Services, including software, design, databases, trade marks and logos, are protected by law. Except for the right to use the Services in accordance with these Terms, no rights are granted to you.
11. Measures, Suspension and Termination
11.1 Measures
Where there are objective indications of a breach of these Terms or of applicable law, of manipulation or fraud, of danger to other users, or where required by law, we may take proportionate measures. Depending on the seriousness of the breach these are, in escalating order: a warning, the removal, blocking or restriction of Content or functions, a partial or complete restriction of the account, the withholding of payments for the duration of a review, and, as a last resort, the permanent closure of the account.
11.2 Statement of reasons and objection
We will inform you of the measure and its essential reasons, unless doing so would be unlawful or would frustrate the purpose of an investigation. You may object to a measure at any time by emailing info@bookinfluencers.app. We will review your objection and inform you of the outcome within a reasonable time. If a measure turns out to have been unjustified, we will reverse it.
11.3 Termination by you
You may terminate the Platform Contract at any time and without notice, e.g. by deleting your account in the app. Bookings that are already in progress must still be settled.
11.4 Termination by us
We may terminate the Platform Contract on 30 days' notice. The right of either party to terminate for cause without notice remains unaffected. Good cause exists for us in particular in the event of serious or repeated breaches of Section 6 or Section 9, fraud or manipulation, false identity data, or a legal or regulatory obligation to terminate.
11.5 Effects of termination
Upon termination, access to the Services ends. Bookings already concluded and payment claims that have already arisen remain unaffected and will be settled. Because of statutory retention obligations (in particular under tax and commercial law), we may not be able to delete data relating to transactions immediately; in such cases we anonymise your account instead of deleting it and block the login. Details are set out in our Privacy Policy. Provisions that by their nature survive termination (in particular Sections 8, 9, 10, 15, 16 and 21) remain in effect.
12. Availability, Maintenance and Changes to the Services
We endeavour to keep the Services available but do not owe any particular level of availability, response time or freedom from error. The Services may be temporarily unavailable due to maintenance, updates, capacity limits, security incidents, faults at third-party providers or force majeure.
12.2 Maintenance
We may carry out maintenance work at any time and will, where reasonably possible, schedule it outside peak usage times and announce it in advance if it will cause a significant interruption.
12.3 Software errors
The Services are software and are being developed continuously. Errors are unavoidable in software of this complexity and do not in themselves constitute a breach of duty, provided they do not substantially impair the contractual use. We will remedy reported material errors within a reasonable time.
12.4 Changes and discontinuation of features
We may change, further develop, restrict or discontinue features of the Services where there is a valid reason (in particular technical developments, security, legal requirements, changes to third-party interfaces, or economic viability) and where this is reasonable for you taking your interests into account. We will announce material restrictions with reasonable notice. Features provided free of charge may be discontinued at any time. There is no claim to the maintenance of a specific feature.
12.5 Third-party dependency
Substantial parts of the Services depend on third-party interfaces and services (in particular Apple, our hosting and database provider, the Payment Provider, Meta, Google/YouTube and TikTok). These providers may change, restrict, price or discontinue their services and interfaces at any time. We have no influence on this, and any resulting restriction of the Services is not a defect for which we are responsible.
13. Disputes Between Users
13.1 Users settle disputes among themselves
Disputes about the performance of a Collaboration Agreement (e.g. quality, timeliness, scope of the content, rights of use) are a matter between the Brand and the Creator.
13.2 Voluntary support
On request, and at our own discretion, we may support the parties in reaching a settlement and, based on the information available in the Services, decide whether a payment held is released to the Creator or refunded to the Brand. This decision only determines the flow of funds within the payment process; it is not an arbitral award, does not determine the substantive legal position, and does not preclude either party from pursuing its rights before the courts. We are not obliged to conduct such a review, and we are not liable for the outcome of such a decision except in accordance with Section 16.
13.3 Cooperation
Both parties will cooperate in clarifying the matter and provide information that is relevant to the decision (e.g. briefs, submitted content, links, metrics, chat history).
14. Warranty for Paid Services
14.1 Free services
Where we provide the Services free of charge, statutory provisions on gratuitous contracts apply. There is no entitlement to specific features, availability or continued provision.
14.2 Paid services
For paid features, the statutory warranty provisions apply. However, a defect requires more than a merely insignificant impairment of the contractual use; in particular, minor deviations, temporary interruptions and errors within the meaning of Section 12.3 that do not substantially impair use are not defects.
14.3 No warranty of success
We do not warrant any commercial success, any particular reach, any number of bookings or any specific matching result.
14.4 Purchases through Apple
Where paid features are purchased through Apple's in-app purchase system, the contract for the purchase is subject to Apple's terms. Refunds for such purchases are handled by Apple; we can only support you in this to a limited extent.
15. Indemnification
You will indemnify us against all claims that third parties (including other users, authorities and social networks) assert against us because of your culpable breach of these Terms, of applicable law or of third-party rights, and will reimburse us for the reasonable costs of legal defence. This does not apply where you are not responsible for the breach of duty. We will inform you of any such claim without undue delay, give you the opportunity to comment and will not enter into an acknowledgement or settlement without your consent, unless we are legally obliged to do so.
16. Limitation of Liability
16.1 Unlimited liability
We are liable without limitation
- for damage arising from injury to life, body or health;
- for intent and gross negligence;
- under the German Product Liability Act (Produkthaftungsgesetz);
- to the extent that we have fraudulently concealed a defect or have assumed a guarantee; and
- in all other cases in which liability is mandatory by law.
16.2 Slight negligence
In cases of slight negligence, we are liable only for the breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract, on whose fulfilment you may regularly rely, and whose breach jeopardises the achievement of the purpose of the contract). In such cases our liability is limited to the damage that is foreseeable and typical for this type of contract.
16.3 Exclusion
Any further liability on our part is excluded. This applies in particular — subject to Sections 16.1 and 16.2 — to:
- failed, delayed, duplicated, incorrectly calculated, blocked or unexecuted payments, authorisations, deposits, prepayments, releases, credits and payouts (Section 8);
- software errors, faults, data transmission errors, incorrect displays, incorrect calculations and incorrect metrics;
- unavailability, downtime, maintenance and loss of data, to the extent that the data could have been restored from your own backups made in accordance with proper practice;
- the conduct of other users, in particular non-performance, defective performance, delay, insolvency, misrepresentation, manipulation or infringement of rights by a Brand or Creator, and the conclusion, content or performance of the Collaboration Agreement;
- the failure, change, restriction or discontinuation of third-party services and interfaces (in particular the Payment Provider, banks, Apple, hosting providers, Meta, Google/YouTube, TikTok), and any resulting inability to verify views;
- content, decisions or recommendations generated automatically or by AI, and automatically generated contract texts, documents and invoices;
- lost profit, lost reach, missed business opportunities, reputational damage and other indirect or consequential loss;
- unauthorised third-party access to your account, unless we are responsible for it.
16.4 Cap for business users
Towards users who are not consumers, our liability for slight negligence is additionally limited in aggregate, per calendar year, to the higher of (i) the Platform Fees we earned from that user in the twelve months preceding the event giving rise to the damage, or (ii) € 5,000. Section 16.1 remains unaffected.
16.5 Vicarious agents
The above limitations also apply in favour of our legal representatives, employees, agents and vicarious agents.
16.6 Limitation period
For users who are not consumers, claims for damages against us become time-barred twelve months after the claim arises and the user becomes aware of the circumstances giving rise to it. This does not apply to claims under Section 16.1.
16.7 Contributory negligence
Section 254 BGB applies. You must in particular observe Section 8.5, back up your own content, and take reasonable steps to avoid and mitigate damage.
17. Force Majeure
Neither party is liable for a failure to perform to the extent that it is caused by force majeure — in particular natural disasters, war, terrorism, pandemics, strikes, official measures, energy or network failures, large-scale internet or cloud outages, or cyber attacks — for the duration of the disruption. The parties will inform each other without undue delay. If the disruption lasts longer than 60 days, either party may terminate the Platform Contract.
18. Changes to These Terms
18.1 Notice
We may change these Terms where there is a valid reason (in particular changes in the law or case law, decisions of the highest courts, regulatory requirements, changes to the Services or to third-party services, closing of gaps, or changed market conditions), provided the change is reasonable for you taking your interests into account.
18.2 Procedure
We will notify you of any change at least 30 days before it takes effect by email and/or in the app, presenting the changes and drawing attention to the deadline, your right to object and the consequences.
18.3 Objection
You may object to the change before it takes effect. If you object, either party may terminate the Platform Contract as of the date on which the change takes effect; until then, the previous Terms continue to apply to you. If you do not object and continue to use the Services after the change takes effect, the changed Terms apply from that date. Changes that affect the essential content of the contract (in particular fees for existing bookings) always require your express consent.
19. Consumer Information
19.1 Right of withdrawal
If you are a consumer and conclude a paid contract with us at a distance, you have a statutory right of withdrawal of 14 days. The relevant withdrawal instructions are provided to you separately before you conclude such a contract. For purchases made through Apple's in-app purchase system, Apple's provisions apply. There is no right of withdrawal in respect of the Collaboration Agreement between Brand and Creator vis-à-vis us, as we are not a party to it; the statutory provisions applicable between those parties remain unaffected.
19.2 Digital services
Where you expressly request that we begin performing a paid digital service before the withdrawal period expires and confirm your awareness that you thereby lose your right of withdrawal upon complete performance, the right of withdrawal lapses in accordance with the statutory provisions.
19.3 Consumer dispute resolution
We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG). The European Commission's online dispute resolution platform was discontinued on 20 July 2025 and is therefore no longer available.
20. Additional Terms for the Apple App Store
The following applies additionally if you use our iOS app:
- These Terms are concluded between you and us only, not with Apple Inc. Apple is not responsible for the app or its content.
- You are granted a non-transferable licence to use the app on Apple-branded devices you own or control, in accordance with the Usage Rules of the Apple Media Services Terms and Conditions.
- We alone are responsible for support and maintenance of the app; Apple has no obligation to provide any maintenance or support services.
- In the event of a failure of the app to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
- We, not Apple, are responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to legal requirements, and claims under consumer protection or similar legislation, as well as third-party claims that the app infringes intellectual property rights.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.
21. Final Provisions
21.1 Governing law
These Terms and the Platform Contract are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence.
21.2 Place of jurisdiction
If you are a merchant, a legal entity under public law or a special fund under public law, or if you have no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is our registered seat. Statutory places of jurisdiction for consumers remain unaffected.
21.3 Text form
Notices under these Terms may be given in text form (e.g. by email or via the app). We will use the email address stored in your account; please keep it up to date.
21.4 Assignment
You may transfer rights and obligations under this contract to a third party only with our prior consent in text form. We may transfer the contract to an affiliate or to an acquirer of the business, giving you at least 30 days' prior notice; if you are a consumer, you may terminate the contract without notice in that event.
21.5 No waiver
Failure to enforce a right does not constitute a waiver of that right.
21.6 Severability
Should any provision of these Terms be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The statutory provisions apply in place of the invalid provision.
21.7 Entire agreement
These Terms, together with the booking details displayed in the Services and any separate terms for paid features, constitute the entire agreement between you and us regarding the use of the Services.
22. Contact
BookInfluencers
[Legal name and address — see Section 1.1]
info@bookinfluencers.app
bookinfluencers.app
See also: Privacy Policy · Allgemeine Geschäftsbedingungen (deutsche Fassung)
BookInfluencers