The following provisions apply to the registration of influencers on the tool “RTECH” via https://www.reachbird.io/. The tool is offered by Reachbird solutions GmbH, Streitfeldstr. 25, 81673 Munich (hereinafter: “Reachbird”).
§ 1 Registration
(1) Reachbird operates a database under the name RTECH for storing certain data of influencers, which must be entered in the registration form at https://campaign.reachbird.io/de/influencer/signup. RTECH also allows third parties who are interested in influencer services and have been authorised by Reachbird to access influencer data (third parties hereinafter also referred to as customers).
(2) The reason for storing this data is to use it for acquiring potential enquiries from third parties regarding influencer services. This refers in particular to advertising services such as posts on social media channels about third-party brands and products. The influencer data stored in the database is used in the event of an enquiry from a third party in order to match it with the enquiry. For this purpose, in addition to the data entered, further data from the influencer is used in accordance with § 2. If there are matches and Reachbird considers the match to be sufficient, the third party is given access to the influencer's data via RTECH and decides whether the influencer should provide the services. After the selection has been made, Reachbird approaches the influencer and negotiates the influencer service sought by the third party with the influencer. If an agreement is reached, Reachbird concludes the contract with the influencer in its own name and on its own account.
(3) The sole purpose of using the data provided by influencers is to potentially acquire contracts for the provision of influencer services.
(4) Influencers shall only enter truthful and complete data when registering.
(5) Should the data change, the influencer shall correct the data. In addition, the influencer is authorised to change and supplement his/her data at any time, whereby § 1 (4) shall apply accordingly.
(6) There is no entitlement to registration.
(7) Influencers under the age of 18 are not permitted to register. Upon request, Reachbird may verify the age of an influencer at any time by requesting official documents (e.g. identity cards, birth certificates, etc.). If the proof is not provided within 14 days at the latest, Reachbird is entitled to refuse registration or, after registration has taken place, to remove the influencer's data from RTECH and to terminate the agreement unilaterally.
(8) Reachbird reserves the right to check influencers in advance in accordance with § 1 (7) and to approve them for registration in accordance with the provisions of these Terms of Use.
§ 2 Creation of profile texts using artificial intelligence (AI)
(1) For acquisition purposes, Reachbird creates profile texts about influencers.
(2) Reachbird creates these profile texts using the data provided by the influencer. In addition, this data is supplemented by publicly available information from the influencer's social media profiles (e.g. statistics, number of posts, interaction rates), provided that the social media profiles can be clearly attributed to the influencer.
The influencer hereby grants Reachbird the right to use the data provided by them and the content published on their social media accounts for the creation of profile texts, in particular for reproduction. The profile texts will only be published via RTECH for the purpose of acquiring customers. The granting of rights includes the possibility of incorporating the data and content into the profile texts and making them available to customers via RTECH. Reachbird may engage service providers (e.g. Modash) to create the profile texts, who may also use the content to the extent described above. In addition, the data and content provided may be entered into an AI in accordance with Section 2 (3) for the purpose of creating profile texts; the Influencer is aware that AI providers store data and content entered via so-called prompts and use it for training purposes. The Influencer hereby consents to this. In the event that the collaboration with the influencer ends, the influencer's data and content will be deleted and the right of use will end. This does not apply to uses within the scope of the AI used for training purposes.
(3) Reachbird uses licensed AI technology (currently ChatGPT from OpenAI) to generate profile texts. The AI is used to generate creative, target group-oriented and high-quality texts. The content generated by the AI is then editorially reviewed and, if necessary, manually revised to ensure that it meets the desired quality standards (truthful and accurate information), legal requirements and the personality of the respective influencer. In future, other AI technology may also be used.
(4) Influencers are advised that their data may be stored by the AI provider and used for AI training when entered into the AI technology (so-called prompts). It is also possible that AI results that are not necessarily generated by Reachbird may contain data from influencers. Influencers nevertheless agree to the aforementioned use of their data in accordance with Section 2 (1) to (3). Reference is made to the granting of rights in accordance with Section 2 (2).
(5) The profile texts and other data of influencers are made available to third parties interested in influencer services via RTECH, provided that the data matches the criteria of the third party's search query and Reachbird confirms a sufficient match. The third parties then select which influencers match their request for influencer services. Influencers are therefore expressly advised that, despite a technically determined match, Reachbird may nevertheless reject a sufficient match and thus not recommend the influencer to the third party.
§ 3 Services provided by Reachbird and conclusion of contract for influencer services
(1) Reachbird enables the recording and storage of influencer data in RTECH. However, Reachbird is not obliged to make influencer data available to customers. If the search criteria of the customer's request match the influencer's profile, Reachbird will manually check the influencer's profile against the customer's specifications. If Reachbird concludes that the specifications are met, Reachbird will make the profile available to the customer. The customer then decides which influencer(s) should be commissioned for an advertising service. It is therefore possible that an influencer will not be displayed to the customer even though they meet the criteria of the customer's request.
(2) If a third party is interested in the services of an influencer, Reachbird will contact the influencer and agree on the terms and conditions with them. In this case, Reachbird will generally be the direct contractual partner of the influencer and will conclude the contract for the services separately with the influencer in its own name and on its own account.
(3) Reachbird is not obliged to conclude contracts with influencers for influencer services.
(4) Reachbird will only contact the influencer if the third party has selected the influencer. The influencer is aware that Reachbird has no influence on the selection of the third party.
(5) Reachbird is also not obliged to acquire enquiries from third parties on behalf of influencers. Influencers cannot therefore derive any claims from the fact that a third party is interested in the services of influencers but no agreement has been reached with Reachbird in this regard. Reachbird is also not obliged to ensure that the contracts concluded with Reachbird have a specific (financial) volume, a specific duration or a specific product or brand as their subject matter.
(6) All terms and conditions of the collaboration, in particular payments and billing, shall be freely negotiated between Reachbird and the influencer in a separate agreement. Reachbird is expressly not obliged to offer the influencer a specific remuneration for the influencer services.
§ 4 Liability
(1) Influencers have no right to uninterrupted availability of their data in RTECH. Reachbird endeavours to provide RTECH in accordance with the state of the art, but interruptions and/or restrictions may occasionally occur, particularly when maintenance or other service measures are carried out.
(2) Reachbird shall be liable for intent and gross negligence as well as in the event of personal injury. Liability for negligence shall be limited to liability for personal injury and for the breach of essential contractual obligations, so-called cardinal obligations (i.e. a contractual obligation whose breach would jeopardise the achievement of the purpose of the contract and on whose fulfilment a contractual partner may regularly rely). In the case of slightly negligent breaches of duty, liability is limited to the typical damage foreseeable at the time of conclusion of the contract, except for personal injury. Reachbird is also liable for damages provided for by mandatory statutory provisions (e.g. Product Liability Act). The limitations of liability also apply to Reachbird's vicarious agents, organs and employees.
§ 5 Data protection
(1) Reachbird collects data from influencers as part of the registration process and the creation of profile texts. The personal data provided by influencers is used in accordance with Reachbird's privacy policy and in compliance with the legal provisions of data protection law, in particular those of the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR).
(2) Further information on data collection, processing and disclosure can be found in our privacy policy.
§ 6 Final provisions
(1) Contracts between Reachbird and influencers are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, provided that the influencer is an entrepreneur. The contract language is German.
(2) In the event of a violation of these Terms of Use, the Influencer may be excluded from using RTECH with immediate effect.
(3) Each contracting party may terminate this contract at the end of the respective month with two weeks' notice. In the event of termination, Reachbird is entitled to permanently delete all data relating to the influencer. Reachbird is not obliged to disclose data relating to the influencer or the profile texts created to the influencer. This does not affect the rights of the influencer under the GDPR. The right to extraordinary termination remains unaffected.
(4) Reachbird is entitled to change the RTECH service at any time and/or to discontinue it in whole or in part. In the event of discontinuation, § 6 (3) sentences 2, 3 and 4 shall apply accordingly.
(5) The place of jurisdiction for all disputes arising from this contractual relationship between Reachbird and the Influencer is Munich, provided that the Influencer is an entrepreneur.
(6) Should individual provisions of this agreement be wholly or partially invalid, this shall not affect the validity of the remaining terms of use. The invalid provisions shall be replaced by the relevant statutory provisions, if any.