Terms of service

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Acceptance of Terms

KINDLY READ THESE TERMS OF SERVICE (THE “TERMS OF SERVICE”) WITH CARE BEFORE USING THE PRODUCTS OFFERED BY PALADIN SOFTWARE, LLC. This is a binding legal contract between you (“You”) and Paladin Software, LLC or any predecessor and successor entities (“Paladin” or “We”), covering your use of the website paladinsoftware.com, statfire.com, and other Paladin websites (“Sites”) and any Paladin products or services, including its influencer search (“Discovery”), influencer relationship management (“Influencers”), royalty accounting and payments (“Payments”), social media data (“Insights”), campaign management and reporting (“Campaigns”), and influencer dashboard (“Influencer Dashboard”) (each a “Product” and collectively “Products”). By accessing Paladin Sites and Products, you are agreeing to be bound by these Terms of Service and all applicable laws and regulations. You also agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Paladin Sites and Products. The materials contained in this website are protected by applicable copyright and trademark law. Paladin uses authorized data from YouTube, Google, Facebook, Instagram, Twitter, Twitch, and other platforms. Such data is collected and stored to enable Paladin features. You can request your authorized data be deleted from Paladin by contacting support@paladinsoftware.com. Paladin uses YouTube, Google, Facebook, Instagram, Twitter, and other platform (“Social Platforms”) APIs to collect authorized data. You can learn more about each respective Social Platform’s terms of service and privacy policies via the links below:

You can revoke Paladin’s access to your data from YouTube, Google, Facebook, Instagram, and Twitter at any time via each respective platform’s app and security settings available at the links below. Note that revoking such authorizations may limit or eliminate certain functionality in Paladin’s Products.

YouTube & Google: https://security.google.com/settings/security/permissions

Facebook: https://www.facebook.com/settings?tab=applications

Instagram: https://www.instagram.com/accounts/manage_access/

Twitter: https://twitter.com/settings/applications
 

If you have any questions, comments, or concerns regarding these terms or Paladin Sites and Products, please contact us at info@paladinsoftware.com.

Accounts

If you open a Paladin account and/or sign in via one of Paladin’s third-party partners, you can only use that account to access and use the Sites or Products for their intended purposes, as described on the Sites and in Paladin’s marketing materials, user guides, and other documentation.

 

You are responsible for maintaining the confidentiality of any account information, including your login and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

 

Please notify us immediately at support@paladinsoftware.com if you have lost control of your account or password or if you suspect there is unauthorized activity in your account.

Prohibited Actions

  1. Lying to us in connection with your use of the Sites or Products. This includes but is not limited to providing false information in your account registration.

  2. Posting anything that could be considered defamatory, libelous, or criminal.

  3. Opening an account without Paladin’s expressed permission if Paladin has suspended or terminated a prior account for you associated with the Sites or Products.

  4. Transferring your account to another party without notifying Paladin and being granted permission.

  5. Exhibiting bad online behavior, such as spamming Paladin users, distributing spyware or viruses, collecting personal information without disclosing and abiding by the Paladin Privacy Policy, or attempting to reverse engineer or hack into the Paladin Sites or Products.

  6. Bypassing any technical protections or throttling that Paladin institutes, or accessing, using, or scraping the Sites or Products by any automated means unless you are a search engine crawling the Sites for the sole purpose of creating a publicly accessible search index.

  7. Willfully exploiting or bypassing your account’s permission level, manipulating records your account is not intended to access, or taking any other actions other than those you are intended to have permission to make.

  8. Attempting, in any manner, to obtain the password, account, or other security information from any other user.

  9. Running Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Sites or Products, or that otherwise interfere with the proper working of the Sites or Products (including by placing an unreasonable load on the infrastructure of the Sites or Products).

  10. Infringing or violating any intellectual property rights.

  11. Decompiling, reverse engineering, or otherwise attempting to obtain the source code or underlying ideas or information of or relating to the Sites or Products.

  12. Take actions on the Sites or Products that Paladin has specifically asked you not to take.
     

Ownership, Copyright, and Intellectual Property

Paladin reserves all rights, titles, and interest in the Sites, Products, and its trademarks, branding, and logos, including all underlying software, technology, data, and processes and any future enhancements or modifications. You may not copy, modify, create derivative works from, or distribute any content from the Sites or Products or use the Sites or Products for any purpose not authorized by Paladin.

Privacy

Paladin’s Privacy Policy can be found on our website at the following link: https://www.paladinsoftware.com/privacy-policy If you use Paladin Sites or Products to collect personally identifiable information about influencers you work with, your privacy policy must disclose that you use Paladin as a third party service to collect information about users and user behavior on your website(s) and other related business activities.

Data & Data Rights

You agree that Paladin and its subsidiaries and agents may collect, maintain, process, and use data to which you grant Paladin access. You agree that Paladin may combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Paladin permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

Data is acquired by Paladin’s Sites and Products from Paladin’s Third-Party Partners, including public social platform data and private social platform data to which Paladin has been granted access, and from first-party information provided by users. The data is then collated, organized, manipulated, and displayed in unique ways by Paladin, which makes the data proprietary to Paladin.

Copying, storing, sharing, or selling data from Paladin Sites or Products (which includes crawling, scraping, or employing bot users, etc.) is strictly prohibited. If we detect this type of behavior, it may result in your account being suspended across all Paladin Sites and Products. The only way you may gather large amounts of data is through export functionality as provided within the Site, Products, or any associated APIs with a valid license to use that data.

Communication

When you take actions like visiting Paladin Sites or Products or send us emails via support or direct channels, you agree to receive communications from us electronically. We will communicate with you by e-mail and/or by sending messages or posting notices in the Sites or Products. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing. 

Other than personally identifiable information, any comments, materials, or letters sent by you to Paladin, including, without limitation, questions, comments, suggestions, criticisms, or the like (“Received Materials”), may be deemed by Paladin to be non-confidential and free of any claims of proprietary or personal rights. Paladin shall have no obligation of any kind with respect to such Received Materials, and Paladin will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute the Received Materials without limitation or restriction. Furthermore, Paladin is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Paladin for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information or ideas, without compensation or any other obligations to anyone, including you.

Links

Paladin may provide links to other platforms, websites, or resources via the Sites or Products. Paladin has no control over the content displayed on these platforms, websites, and resources, and you acknowledge and agree that Paladin is not responsible for the (i) availability of content on such external platforms, websites, or resources, or (ii) such external platforms, websites, and resources collecting or using your information.

Software License Agreements

Customers that choose to license the Paladin Products shall enter into a separate Software License Agreement, Statement of Work, or Purchase Order with Paladin (a “Software License Agreement”) outlining the specific terms of such license, including the products licensed, access limitations, term, fees, and payment schedule. Such Software License Agreements shall be subject to the terms of these Terms of Service.

Other Use Restrictions

Except as otherwise permitted by these Terms of Service or a Software License Agreement, you may not rent, lease, lend, sell, redistribute, or sublicense the Paladin Products.

Billing and Payments

The Products are billed in advance on a monthly or custom-term basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

 

All payments shall be made by wire transfer, automated ACH, or automated credit card billing to an account designated by Paladin. You shall be responsible for the full payment amount as well as any associated bank, credit card, or wire transfer fees.

 

For any upgrade in plan level, you will be charged a prorated amount for the partial month of use of the new plan on your next billing cycle. The next billing cycle will reflect any such upgrades. Your account services and features will upgrade immediately where possible. If development work is required for the upgrade, we do not guarantee a timeline for the upgrade.

 

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Each party shall be responsible for payment of its own taxes, levies, or duties.

 

If any undisputed invoiced amount is not received by Paladin by the due date, then without limiting Paladin’s rights or remedies, those charges may accrue late interest at the rate of two percent (2%) of the outstanding balance per month, or the maximum interest rate permitted by law, whichever is lower.

 

In the event that your fees are more than thirty (30) days outstanding, Paladin reserves the right to suspend your access to Paladin Sites or Products until payment is received.

 

In the event that you fail to pay any invoiced amount, you shall bear the cost of collection at your sole expense.

Account Suspension and Termination

We reserve the right to suspend or terminate your access to the Sites and Products and/or your account at any time for any or no reason. This is not our exclusive remedy under any circumstances.

No refunds or credits for subscription plan charges, fees, or payments will be provided to you if you elect to terminate your Products plan or cancel your account prior to the end of your agreement date. Following the termination or cancellation of your subscription, Paladin reserves the right to close your account and delete any associated data in its normal course of operations.

If you close your account voluntarily, we may retain your account information and use it in accordance with our Privacy Policy.

This Agreement will survive termination or suspension of your access to the Sites and/or Products.

Indemnity and Disclaimers

You will indemnify, defend, and hold harmless Paladin, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, reasonable attorney fees, and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to this Agreement or your use of the Sites and/or Products. Paladin reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Paladin’s defense of such claim.

 

THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. THE COVERED ENTITIES DO NOT MAKE ANY REPRESENTATION AS TO THE POTENTIAL REVENUES OR OTHER BENEFITS YOU MAY REALIZE BY USING THE SITES OR PRODUCTS. THE SITES AND PRODUCTS ARE PROVIDED AS IS AND AS AVAILABLE. PALADIN DOES NOT REPRESENT THAT THE SITES OR PRODUCTS WILL BE CONTINUOUSLY AVAILABLE, ERROR FREE, OR FREE OF VIRUSES, OR THAT PROBLEMS WILL BE CORRECTED. 

 

THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANYTHING ACCESSED VIA ANY LINKS TO THIRD-PARTY WEBSITES, SERVICES, SOFTWARE, OR ANYTHING ELSE. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD-PARTY LINKS, WEBSITES, ETC.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COVERED ENTITIES SHALL NOT BE LIABLE FOR DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, A SOFTWARE LICENSE AGREEMENT, OR THE USE OF OR INABILITY TO USE THE SITES OR PRODUCTS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THESE TERMS OF SERVICE OR ANY SOFTWARE LICENSE AGREEMENT.

 

EXCEPT FOR DAMAGES ARISING FROM PALADIN’S BREACH OF CONFIDENTIAL INFORMATION OR NEGLIGENCE, UNDER NO CIRCUMSTANCES SHALL PALADIN’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR ANY SOFTWARE LICENSE AGREEMENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY CLAIMS HEREUNDER, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, INFRINGEMENT, OR ANY OTHER LEGAL THEORY, EXCEED THE TOTAL AMOUNT PAID BY YOU OR DUE FROM YOU TO PALADIN DURING THE SIX (6) MONTH PERIOD PRIOR TO THE DATE ON WHICH A CLAIM GIVING RISE TO LIABILITY IS MADE. EACH PARTY ACKNOWLEDGES THAT THE LIMITATION OF LIABILITY SET OUT IN THIS SECTION REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITS OF LIABILITY FOR SOME DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.

Child Online Privacy Protection Act Compliance

The Child Online Privacy Protection Act (“COPPA”) restricts website operators from collecting or using any personal information from individuals under the age of 13. In compliance with COPPA, Paladin does not target marketing or communications to children under 13, nor does Paladin knowingly collect any information from children under 13 or allow plug-ins or other services to collect such information.

By using the Site or Products or posting any information about yourself, you warrant that you are at least 13 years old. In addition, you may not post any photos or other information about any individual who is under 13.

If you are a child under 13, please do not attempt to register for the Sites or Products and do not send any personal information about yourself to Paladin.

 

If Paladin learns that we have collected personal information from a child under 13, we will delete that information. If you believe that a child under 13 may have provided us personal information, please contact us at info@paladinsoftware.com.

Miscellaneous

This agreement incorporates all Paladin policies, Sites, and Products.

 

Paladin reserves the right to change our Terms of Service, Privacy Policy, or any other policy at any time. When we make such changes, we will post them to our Sites and you will be able to view them at the same location. Your use of the Sites and/or Products after such changes constitutes acceptance of the new terms and/or policies.

 

Paladin is deeply committed to adhering to and being considerate of intellectual property and other rights. To report any suspected infringement, please contact us immediately at info@paladinsoftware.com.

 

You are responsible for being informed about and complying with all laws, rules, and regulations that apply to your use of the Sites and Products.

Headings

The headings of the paragraphs of this Agreement are inserted solely for convenience of reference, and in no way define, describe, limit, extent, or aid in the construction of the scope, extent, or intent of this Agreement or of any term or provision hereof.

Attorney’s Fees

Paladin will be entitled to recover its reasonable attorney’s fees and other costs associated with enforcing these Terms of Service.

Gender

Where the context so requires, the use of the masculine gender shall include the feminine and/or neutral genders, and the singular shall include the plural, and vice versa, and the word “person” or “party” shall include a corporation, firm, partnership, or other form of association.

Severability

If any provision of these Terms of Service is unenforceable, the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in writing and signed by an authorized representative of the waiving party.

Governing Law

These Terms of Service are governed by the laws of the State of California, without reference to its choice of laws principles. You agree that any action to enforce or adjudicate your rights under these Terms of Service shall be brought in the federal or state courts in Los Angeles County, California, United States of America.

Force Majeure

Like all Internet and technology businesses, our Sites and Products are vulnerable to downtime caused by (1) outages to any public Internet backbones, networks, or servers, (2) any failures of your equipment, systems, or local access services, (3) for previously scheduled maintenance, (4) inaccurate or unavailable information from third-party sources, or (5) events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, epidemics, pandemics, or other acts of God. then such delay or nonperformance shall be excused and the time for performance. If one or both parties are delayed in the performance of any of its obligations under these Terms of Service or is prevented from performing any such obligations due to causes or events beyond its control, the non-performing party shall be excused from any further performance or observance of the obligation so affected only for so long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance or observance as soon as reasonably practicable.

Assignment

You may not assign these Terms of Service to any other person, firm, or entity without the express written approval of Paladin. Any attempt at assignment in violation of this section shall be null and void ab initio. These Terms of Service and any Software License Agreement shall inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns.

No Third-Party Beneficiaries

Nothing express or implied in these Terms of Service is intended to confer, or shall anything herein confer, upon any third party any rights, remedies, obligations, or liabilities whatsoever.

Publicity

Paladin may promote its relationship with you or any customer that undertakes to use its Sites or Product on its website, in sales and marketing materials, and in any press releases or any other public statements.