Terms of Service

Last updated: 01/05/2023

PLEASE READ THESE TERMS OF SERVICE OF PATIENTS INFLUENCE CAREFULLY.

Welcome to patientsinfluence.com, a website developed, owned and operated by Patients Influence j.d.o.o, Županići 4d, Zagreb, Croatia, OIB: 85506300329 (hereinafter  ‘we’, ‘us’, or ‘Patients Influence’). 

These Terms of Service (“Terms”) govern your access to the present website and the use of the services provided by Patients Influence on our platform, including campaigns, surveys, campaign and social media listening reports, benefits and any other related services and features (collectively referred to as the “Services”) available to our users.

1. ACCEPTANCE OF TERMS

• • These Terms are applicable for all relations between Patients Influence and any registered user of the Platform, including Influencers, Clients and Ambassadors (as terms are defined below). 
  • You will be asked to agree with these Terms in order to register on our Platform and create your account. Please read these Terms carefully before using our Services. By accessing or using any part of our Platform, you agree to be bound by these Terms.
  • Any new services, features or tools which are added to our Platform shall also be subject to the present Terms. 
  • These Terms are updated periodically so we suggest checking occasionally for changes. If you are a registered user, we will let you know about changes through in-app notifications. 
  • You can review the most current version of the Terms at any time on this page.

2. DEFINITIONS

• Ambassador – qualified individual, typically employees of healthcare companies or founders who genuinely care about patients and are considered leaders in their field.
• Campaign – marketing campaign paid for, designed and created by Client on the Platform. Campaigns require some parameters like budget, target audience, target INFLUENCERS and duration as well as content to be defined using Platform.
• Client – organization using Services offered by Patients Influence through Platform accounts created by its representative(-s) (Client representative). 
• Client representative – representative of an organization (Client), eligible to use the Platform and authorized to use the Services offered on the Platform in the name and on behalf of the Client. 
• Fees – cost for the selected Services that Client must pay to Patients Influence. 
• INFLUENCER – Platform user creating account on the Platform to get an invite for Campaign and/or Survey from Clients on an agreed fee determined by the INFLUENCER.
• Personal data – any information related to an identified or identifiable person.
• Platform (or Website) – the present website through which we offer our Services, helping INFLUENCERS connect with Clients, and vice versa.
• Services – all services provided using the Platform, namely: SML, Campaigns and Surveys. Services may be withdrawn and new Services may be added to the Platform by Patients Influence at any time.
• Social Media Listening (SML) – market insights service that enables the Client to access certain useful information collected by Patients Influence, such as information about brands, products, adverse events etc., based on specific filters predetermined by the Client.
• Survey – market research survey paid for, designed and created by Client on the Platform. Surveys require some parameters like budget, target audience, target INFLUENCERS and duration as well as content to be defined using Platform.
• Subscription Period – period for which a Client is able to use the SML Service, as defined  at the time of the respective order (usually 6 or 12 months). 

3. ELIGIBILITY

INFLUENCER represents and warrants to Patients Influence that it has the capacity to enter into these legally binding Terms. Services are only intended for, and should only be used by, anyone of legal age, meaning at least 16 years old. INFLUENCER is solely responsible for ensuring that the use of the Platform and Services in INFLUENCER’S jurisdiction is permitted by law.

Client representative represents and warrants he is eligible to represent the company for which he/she is creating the account and that his/her actions on the Platform legally bind the Client.

4. REGISTRATION

4.1 Influencers

INFLUENCER may register via the Platform completing the relevant registration form and accepting the present Terms. For registration purposes, INFLUENCER shall share with Patients Influence some personal information necessary for providing the Services,  such as name, e-mail address, date of birth, location and gender. INFLUENCER will also need to share some ‘special categories of personal data’, such as disease area (of expertise), which will enable us to better understand his/her position and possibilities regarding Services provided through Campaigns and Surveys. AN INFLUENCER’s explicit consent will be asked during registration for sharing such data. INFLUENCERS shall also share their desired amount for participation in Campaigns and Surveys., as well as information necessary to receive payments. INFLUENCER data may be shared with clients for Social Media Listening in an ANONYMIZED manner.

INFLUENCER may be required to send a message to a third-party social media account (e.g. Facebook or Instagram) in order to enable Patients Influence to verify the ownership of the account. 

Patients Influence shall then review the information provided by the INFLUENCER and shall decide, at its own discretion and based on the capabilities of the applicant and the verification of the information shared, to either approve or reject the application. 

4.2 Clients and Ambassadors

Client representative shall create a unique Platform account to manage Services for the Client that he/she represents, by providing certain information that he/she will be asked to fill in. 

In case a Client representative is no longer associated and/or cannot duly represent the Client that he/she declared during registration, then the Client representative shall contact Patients Influence at: client@patientsinfluence.com in order to request deletion or editing of his/her account.

The same procedure as above is applicable also for Ambassadors, who register on the Platform upon relevant invitation by Patients Influence.

5. SERVICES AND FEATURES

Patients Influence offers three main Services to its Clients using its Platform:

• Social Media Listening (SML): Client subscribes to one of the available plans (6 or 12 months) paying the relevant subscription fee and, using the available filters, sets its preferences with respect to insights it wishes to receive by Patients Influence. Patients Influence shall then combine the relevant information that it already possesses or otherwise collects from public sources and/or third parties, process it using the suitable pseudonymization or anonymization methods and deliver it to Client. No Personal Data is shared with the Client.
• Campaigns: Client creates a Campaign on the Platform in order to pursue its legitimate business purposes, i.e. to promote a product or to raise awareness on certain topics. Client determines the budget for the Campaign, chooses the number of INFLUENCERS that it wishes to engage and other preferences, such as age, location and disease area. Patients Influence shall then search its pool of INFLUENCERS and propose to the Client the ones that are the best fit for the Campaign. The Client is then free to invite the INFLUENCERS and the INFLUENCERS can either apply or decline. Upon acceptance by the INFLUENCER, the parties are able to discuss details of the Campaign using the dedicated Campaign chatroom.
• Surveys: Clients can use the Platform to set-up a Survey in order to receive answers to specific questions and collect useful insights. Participants to these Surveys are INFLENCERS registered on the Platform. Client determines the budget for the Survey and its preferences regarding the targeting audience using the available filters. Patients Influence shall then filter, prioritize and choose the INFLUENCERS that will participate in the Campaign by processing available information, such as relevance with the Campaign, disease area, desired amount per question, past performance etc. Upon completion of the Survey, Patients Influence shall deliver the aggregated results to the Client. No Personal Data is shared with the Client.

In addition to the Services, the following features are available on the Platform:

• AI Consultant: An artificial intelligence tool that provides brief answers to specific questions made by the Client related to SML or Surveys. Clients may use the AI Consultant by spending the respective Platform tokens.
• Ambassadors: Patients Influence may at any time invite digital health or healthcare leaders who share the same vision as us and genuinely care about patients, in order to become our “Ambassadors” and promote Patients Influence’s brand and Platform. As a reward, the Ambassador gains a commission equal to 2.5% of the future Services’ profits paid by the Clients that registered on the Platform using the unique affiliate link sent by the Ambassador.
• Benefits: INFLUENCERS have the chance to propose to Patients Influence certain benefits that they believe would have a positive impact on them and other patients (such as discounted subscriptions for gyms, yoga classes, nutritionists etc.) Patients Influence shall review and make available those suggestions to its pool of INFLUENCERS, who will have the chance to vote the ones they wish more. Patients Influence shall then conduct its best efforts to make available to its INFLUENCERS the benefits that gained the most votes.

Please note that we may, at any time, temporarily or permanently withdraw a Service or a feature from the Platform. Services that are already paid and ongoing shall not be affected. We may also specifically deny a Service to a Client for legitimate reasons, including but not limited to the following:

• the scope and/or content of a Campaign or Survey is incompatible with the scope of the Platform and/or violates or in any way contradicts with the present Terms and/or the applicable laws;
• the budget set by a Client for a Campaign or Survey is not realistic;
• Client’s access to our Services is temporarily suspended due to a breach of the present Terms by the Client.

6. FEES AND PAYMENTS 

For the use of the Services provided on the Platform, Clients shall pay the respective Fees in advance. All payments are conducted through the Platform. The Fees are determined as follows:

• For Campaigns and Surveys, Client sets the budget and pays the Fees to Patients Influence before the start of the Campaign or Survey. 
• For SML, Client chooses one of the plans provided on the Platform and pays the Fees that correspond to the chosen Subscription Period.

It explicitly stated that all payments must be made in advance and within the timeframe stated on the Platform and that the due receipt of payments by Patients Influence is a prerequisite for the performance of its Services.

In case the Client does not proceed with the due payment of the Fees, Patients Influence reserves the right, at its own discretion, to cancel the requested Service and/or suspend the Client’s account and/or block the Client from certain Services. 

Payment of the Fees is only conducted via one of the acceptable payment methods available on the Platform. Third-party payment services providers may be used by Patients Influence to enable you to make the payment of the Fees. In such cases, Client will be redirected to a secure online environment of the payment provider in order to conclude the payment. We reserve the right at any time to modify or discontinue any payment method without a notice.

After the payment of the Fees, no refunds will be made by Patients Influence to Clients for any reason and for any of the Services. Exception is applicable only for Campaigns and Surveys, in case during the Campaign or Survey one or more INFLUENCERS withdraw or the Client reasonably requests their removal. In such a case, we will try our best efforts to replace them and restore the original number of INFLUENCERS. If that is not possible, partial refund will be made to the Client.

7. INFLUENCERS’ REVENUES

During their registration, INFLUENCERS set the amount they wish to receive for their participation in each Campaign and Survey. When an INFLUENCER participates in a Campaign or Survey, Patients Influence will pay the respective amount to the INFLUENCER within a reasonable time after the Campaign or Survey is concluded.

In case an INFLUENCER withdraws from a Campaign or Survey before its completion or is removed from a Campaign due to Client’s request for a legitimate reason, then the INFLUENCER shall not be entitled to any payment.

8. ACCEPTABLE USE OF THE WEBSITE

The users of our Website (INFLUENCERS, Clients’ representatives, Ambassadors) are expected to use the Platform in a prompt manner, to respect each other, to contribute to the orderly operation of the Platform and to help us improve our Services in order to be granted with the benefits that our Platform offers. Therefore, it is explicitly forbidden and you shall not in any case:

• use the Services and/or the Platform in any way that damages, disables, overburdens, or impairs any of our Services and/or the Platform, or interferes with any other party’s use of them;
• upload, publish or distribute in any other way malign, offensive, discriminating, obscene, defamatory or hate-promoting content;
• upload or incorporate any malicious or harmful code, viruses, Trojan Horses, worms, time bombs, cancelbots, or other malware that might damage our property or the property of other parties;
• misrepresent, publish or share any false or misleading information;
• use the Platform and/or the Services in order to circumvent any applicable laws, rules and regulations related to the Services;
• use the Platform to meet INFLUENCERS/Clients and then circumvent Patients Influence by taking your relationship elsewhere, e.g. agree on a Campaign and make the relevant payments outside the Platform or conclude a first Campaign on the Platform and then circumvent Patients Influence with respect to future ones;
• abuse, harass, discriminate against or in any way violate any legal rights of any other person;
• gain or attempt to gain unauthorized access to any other users’ accounts;
• reverse engineer, decompile, disassemble, or otherwise seek to obtain or derive the source code of the Platform;
• access or use the Platform for the purpose of competitive analysis or building a similar or competitive product or service;
• use the Services or Platform for any other unlawful or prohibited purpose;
• allow, make possible, encourage or assist any third party to do any of the foregoing.

We reserve the right, at any time we detect or suspect an action or omission by any user that consists a non-acceptable use of our Website, to remove any unlawful content and immediately suspend and/or permanently delete the breaching party’s account without any notice, notwithstanding any other rights available to us as per the applicable laws.

9. OWNERSHIP AND INTELLECTUAL PROPERTY

All content of the Website, including distinctive titles, distinctive features, trademarks, images, graphics, photographs, drawings, texts, etc. are intellectual property of Patients Influence, or intellectual property of third parties, for which we have obtained a use license for our own exclusive benefit. It is expressly forbidden to copy, distribute, store, reproduce, republish, transfer, process, modify or similarly use any of the above protected intellectual property rights for any purpose, without prior written permission from us. Under no circumstances should the appearance and display of the above elements on the Platform and your access to the Platform and use of our Services be construed as a transfer, assignment, license or concession of the right to use them. Any actions contrary to the above prohibition constitute an infringement of the relevant intellectual property rights, which has the legal consequences provided for by applicable laws. 

If, during your use of the Platform and our Services, you upload any of your proprietary or intellectual property rights on the Platform (such as trademarks, images, photos etc.), you expressly provide us with the right to use them during the performance of our Services and to share them with other users of our Platform. We shall not use such content outside the Platform or for any other purpose.

10. SUPPORT AND SERVICE UPTIME COMMITMENT

In case you need any technical support  regarding the use of our Platform and Services, you may reach out to us at: support@patientsinfluence.com. Support shall be available during normal business hours – Monday to Friday from 9:00 am to 7:00 pm (CET).

We shall use commercially reasonable efforts to achieve 99% Platform uptime and commercially reasonable efforts to provide notice at least 48 hours in advance for any scheduled Platform maintenance that may affect the operation of our Platform and/or the availability of our Services You acknowledge and accept, however, that due to the nature of the internet, we cannot guarantee or ensure that your use of the Website will be uninterrupted, secure or error-free.

11. THIRD PARTY CONTENT

Patients Influence collects authorized data and information from third party sources, such as certain social media platforms, which is then processed, combined, examined and shown along with the rest of information that Patients Influence provides as part of its Services. Patients Influence does not verify such information and does not represent or warrant that the information is true, current or accurate.

Patients Influence is not the owner, nor does it have control of third-party websites, platforms or applications that may be available via hyperlinks on the Website. Your access to and use of such third party websites, platforms or applications happens on your own responsibility. 

12. LIMITATION OF  WARRANTIES AND LIABILITY 

By providing its Platform and Services to its users, Patients Influence acts only as an intermediary, helping INFLUENCERS to increase their income, as well Clients to gain access to quality insights and to innovative ways to pursue their business purposes. 

In no way is Patient Influence under any business relationship or is otherwise associated with its Clients, nor are we engaged with our INFLUENCERS in any way, other than their participation in our Services under the present Terms. Both Clients and INFLUENCERS, when using our Platform and Services, act as independent operators and make their own decision whether to contract with each other (e.g. for a Campaign) and under which specific terms, provided that the present Terms are always respected. 

Campaigns and Surveys are exclusively created by Clients, who have the sole responsibility with respect to their content and scope. Other than proposing the right INFLUENCERS to participate in such Campaigns and Surveys, facilitating the communication between the parties and the payment to INFLUENCERS, we do not otherwise play any part or have any decisive, consulting or other role in such Services.

Clients and INFLUENCERS acknowledge and understand that the Services provided on our Platform are provided “AS IS”, without any guarantee, commitment or assurance by us in relation to the suitability and effectiveness of our Services or to the fulfillment of the respective expectations of our users. Under no circumstances does Patients Influence declare or guarantees that any use of our Services will result to any growth, increase of sales, increase of revenues or any other financial or business benefit for the Clients, nor do we guarantee any minimum income for the INFLUENCERS from their participation in Campaigns and Surveys.

To the maximum extent permitted by law, we hereby expressly deny any liability with respect to:

• any breach by the Clients or INFLUENCERS of any applicable laws, regulations or codes of conduct related to our Services, including but not limited to laws, rules and regulations regarding the marketing and promotion of medicinal products and medical devices, healthcare compliance, consumer protection, unfair competition, intellectual property and data privacy;
• any personal injury or death that is in any way, directly or indirectly, connected with any of our Services;
• any direct, indirect or consequential damage, loss of profit or loss of reputation of the Clients that use any of our Services;
• any direct, indirect or consequential damage, loss of profit or loss of reputation of any third party arising out of the use of our Services by Clients and INFLUENCERS;
• any damage of property, data loss, data breach and/or leak of confidential information or business secrets shared on our Platform and/or exchanged between our users, to the extent that such event cannot be attributed to our negligence or wilful misconduct;
• any damage of property, data loss, data breach and/or leak of confidential information or business secrets and any exposure to false, misleading, violent or otherwise harmful content of third party websites, platforms and applications accessible via our Website;
• any damage, loss of revenues or loss of profit arising out of the non-availability or failure to duly perform our Services due to a force majeure event.

13. INDEMNIFICATION

You shall indemnify and keep Patients Influence and its respective officers, managers, owners and employees harmless against all liabilities, losses, damages, costs, claims and expenses (including any attorneys’ fees and other professional costs and expenses) suffered or incurred by us, arising out of or in connection with any breach or alleged breach by you of the present Terms and/or any applicable laws, rules and regulations, including but not limited to laws, rules and regulations regarding the marketing and promotion of medicinal products and medical devices, healthcare compliance, consumer protection, unfair competition, intellectual property and data privacy.

 

14. TERM AND TERMINATION

These Terms, which constitute a legally binding agreement between Patients Influence and each of our users, come into force by acceptance during your registration on the Platform and shall remain into full force and effect for as long as your account on the Platform remains active, i.e. until you delete your account or your account is terminated by us, notwithstanding certain clauses that shall remain in effect even after the deletion/termination of your account, in accordance with applicable laws.

INFLUENCERS, Clients and Ambassadors may delete their account at any time by sending us an e-mail to: privacy@patientsinfluence.com

Patients Influence reserves the right to temporarily suspend an account, deny access to certain Services or permanently delete an account, in case of a breach or suspected breach of the present Terms, without any notification to the breaching user and notwithstanding any other remedies available by law.

15. MISCELLANEOUS

15.1 Notifications

All communication between the parties shall be carried out through the Platform or by e-mail to the e-mail addresses indicated by the parties during registration, or by any other suitable means of which there is evidence of receipt to the persons and addresses indicated.

15.2 Severability

If any provision of these Terms is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, while these Terms shall remain in force in all other respects and such provision shall be deemed totally or partially not included.

15.3 Assignment

You may not assign any of your rights and obligations under the present Terms to any third party, without Patients’ Influence prior written approval.

15.4 Applicable law and jurisdiction

The present Terms shall be construed by and shall be governed in accordance  with the laws of Croatia, without regards to its conflict of laws provision. Any dispute arising out of these Terms and/or connected with the use of our Platform and Services shall be settled by the competent courts of Zagreb, Croatia.

15.5 Contact

Should you have any questions or comments regarding these Terms, feel free to contact us at privacy@patientsinfluence.com