Kreators

1. Definitions

Account: refers to the account created by the User on the Platform, which is personal to the User.

Content: refers to any information, data and/or content (text, video, audio) from a publication accessible via the Social Medias of the User, which performance and audience are analyzed via the Platform and which can be reproduced on the Account in an automated manner via the Platform.

GTC: refers to the general terms and conditions of use of the Platform.

Identifier: refers to any confidential code or password enabling the User to identify themselves and connect to the Platform and Services. Identifiers include in particular the connection identifier, the connection password and the e-mail address of the Account.

Party(ies): means Kolsquare and the User, individually or jointly.

Platform: refers to the platform operated and made available by Kolsquare to a User in Software as a Service mode, accessible at https://app.kreators.community.

Services: refers to the services associated with the Platform offered by Kolsquare, such as the monitoring, analysis and sharing of statistics of the Content.

Social Media(s): refers to social medias used by the User to distribute Content to their audience, such as, but not limited to, Facebook®, Instagram®, Twitter®, TikTok® and YouTube®.

User: refers to a user of the Platform, who is a creator and influencer active on Social Medias and who by virtue of their status, position or media exposure, is capable of acting as an opinion leader and influencing consumer behavior for marketing purposes. User may be a natural person or a legal person, i.e. a company, and, depending on its use of Social Medias, may be considered as a consumer or a professional as defined by the French Consumer Code.

2. Purpose of the GTC

These GTC are intended to provide the (i) terms and conditions under which Kolsquare provides User with the Services and the Platform and (ii) conditions under which User benefits from the Services and the Platform.

By accepting the GTC, Kolsquare grants User a free, non-exclusive, non-transferable, and user-specific license to use the Platform for the duration of this agreement.

The GTC can be accessed and are available at any time on the Platform. Kolsquare invite Users to download them for documentation purposes and future reference.

By creating an Account and using the Platform, User agrees to comply with the current GTC in full and without amendment. If User refuses to comply with the GTC, User will not be able to use the Platform.

Kolsquare reserves the right to modify the GTC at any time. If major changes are made, they will be notified to User at least one (1) month prior to their entry into force. User may delete the Account if he/she does not agrees with the changes of the GTC. If User continues to use the Platform after this notice, the modification will be deemed to have been accepted.

3. Description and Access to the Platform

3.1. Description of the Platform

The Platform allows User to monitor and obtain analytics on all their Social Medias connected to the Platform, in particular to:

• Measure their influence on Social Medias, by monitoring the evolution and engagement of their audience;
• Obtain information to improve their audience, engagement and reach of the Content.

3.2. Technical Requirements

To access the Platform, the User must cumulatively:

• Have Internet access and an internet-connected device such as a computer, a tablet or a smartphone;
• Create an Account;
• Use the latest version of Google Chrome, Safari or iOS;
• Having an Instagram professional account and, if applicable, a professional account on other Social Medias.

3.3. Registration and Creation of an Account

Registration is open to any creators and influencers active on Social Medias. To create an Account, the User must fill in the requested information (namely email address, name, telephone number, name of its Social Medias, etc.) and create the password of their choice. The password is strictly personal, confidential and must be complex and include letters, numbers or symbols.

The Account is strictly personal and shall not be used by any other person. User shall not assign the Account to any other person and shall not share it with any third-party. The User is in any event solely responsible for the use of the Services through the Account.

Registration is also open to any creators and influencers, if they are natural persons, that they are of legal age. By exception, influencers or creators that are not of legal age, may create an account if they have at least thirteen (13) years old, and if they have obtain the prior authorization of their parents or legal representatives before any registration. The parents or legal guardians of minor creators or influencers acknowledge that they have read and expressly and unreservedly accepted the GTC before authorizing the registration.

The Platform shall be made available to Users upon creation of their Account.

3.4. Identifiers and Confidential Code

User's Identifiers must be kept strictly personal and confidential. User undertakes to keep secret their Identifiers and not to disclose them in any form whatsoever and to a third party, and to take all measures to protect them against unauthorized access. User undertakes to inform Kolsquare, without delay, in the event of unauthorized disclosure or loss of the Identifiers.

Kolsquare will make its best efforts to ensure the security of the Platform and maintain the confidentiality of data entered, and generated for User, but Kolsquare may not be held responsible for malicious intrusion in the Account, unless it can be demonstrated that the security measures implemented by Kolsquare were seriously deficient. Furthermore, Kolsquare cannot be held responsible for any lack of vigilance of the User in maintaining the confidentiality of their login and password.

4. Provision of Services by Kolsquare

4.1. Services Provided by Kolsquare

Kolsquare provides User with the Platform analytics and insight to monitor the Social Medias performance. In particular, the Platform and Services enable User to:

• Connect its Social Media with the Platform. It is being specified that the User is not obligated to connect all their Social Medias on the Platform; it may freely choose to connect all or a part of the Social Medias;
• Monitor the Social Medias connect to the Platform by: collecting data from the Content and analyzing its performance to provide the User with statistics: views of the Content, reach, rate of engagements of the audience, evolution of this rate, as well as statistics on the audience of the User, such as socio-demographic data (country, gender, age of the audience), etc. This list is non-exhaustive and may be updated from time to time by Kolsquare;
• Obtain insight on the Content, such as identifying top performing Content;
• Personalize the dashboard of the Platform. The User may customize data provided by the Platform on the Content, for instance in graphical detail and selects the data to display on the dashboard;
• Share these analytics with potential partners of their choice, that may (or not) be customers of Kolsquare, so that the User may provide their potential partners with Content performance and data on their audience.

The statistics and analysis given by Kolsquare are made via (i) the public Content collected on the Social Medias connected to the Platform or (ii) via the data collected by the API of the Social Media concerned, which can give more information.

The statistics and analysis are updated on a daily basis.

The User may, at any time, choose to disconnect a Social Media from the Platform. In such case, data associated with the analytics of the Content and the audience of the User of said Social Media will be automatically deleted from the Platform, which the User expressly acknowledges and accepts. The User is therefore responsible for downloading the relevant data before disconnecting a Social Media on the Platform.

The User acknowledges and accepts that Kolsquare may reuse data generated on the Platform in aggregated format and anonymized to measure market trends and create general statistics on influence marketing, which can be published or used for commercial purposes. In particular, Kolsquare may use Customer's data, excluding any personal data, for the purposes of internal training, optimization and improving artificial intelligence models related to the measurement of demographics and performance metrics.

4.2. Service Quality

The Platform is accessible 24 hours a day, 7 days a week, unless the Platform is interrupted for maintenance purposes or due to force majeure (article 11). In such cases, Kolsquare undertakes to do everything in its power to restore access to the Service as quickly as possible.

Kolsquare will make its best efforts to inform the User of any planned maintenance operation in the event that this operation should be carried out during the working hours of technical support or if the interruption of access to the Platform should be carried out over a period of several hours.

User may contact Kolsquare by sending an email at [email protected].

Kolsquare does not provide a minimum level of quality.

4.3. Price and Advantage for User Acting as a Consumer

The use of the Platform is free of charge for Users.

If Users are consumers, they are informed that instead of a price to use the Platform, Users may procure to Kolsquare an advantage, consisting in the data related to the Content (i.e. data pertaining to the engagement of the Content, the type of audience, which may be reused by Kolsquare in an aggregated manner).

5. User's Obligations

The Platform may only be used for the User needs, to analyze their Content and audience, and may under no circumstances be made available to third parties or commercialized (except the analysis which can be shared by the User). The Platform and all the data provided by Kolsquare to Users are provided for information purposes and may not be used for other purposes than the one expressly authorized by the GTC.

User undertakes to use the Platform and Services in accordance with the GTC and to make appropriate use of the Platform.

User acknowledges and accepts that the acts listed below constitute unauthorized use of the Platform:

• Trying to connect to the Platform social medias account of third-parties that are not the social medias of User;
• Use of the Platform in a way that infringes the intellectual property rights of Kolsquare as defined in Article 6 of the GTC;
• Use of equipment that interferes with the proper functioning of the Platform and/or Services provided by Kolsquare and causes, intentionally or unintentionally, serious and/or repeated disruption of the Platform and/or Services;
• Presenting oneself to a third party as the creator or developer of the Platform or claiming ownership of it;
• Use of the Platform or Services in violation of applicable laws or regulations.

User shall refrain, in all circumstances, from (i) reproducing, representing, communicating and/or distributing all or part of the Platform, (ii) transferring, providing, lending, leasing, sublicensing, or granting other usage rights to the Platform, or more generally, communicating all or part of the Platform to any third party or affiliated company; (iii) decompiling or reverse engineering the Platform, (iv) reproducing, representing, modifying, adapting, translating, extracting and/or reusing a qualitatively or quantitatively substantial part of the Platform, (v) accessing or attempting to access the data and/or accounts of other Users on the Platform and (vi) directly or indirectly registering trademarks identical or similar to the name of the Platform as well as any domain name identical or similar to the name of the Platform.

6. Intellectual Property

6.1. Kolsquare Intellectual Property

Kolsquare's trademarks, the Platform and all of its content, features and functionality, excluding the User's Content collected automatically on their various social networks, are the exclusive property of Kolsquare and are protected respectively by trademark law, copyright, and database law.

Any reproduction in whole (such as a screenshot of the Platform) or in part - for external use is subject to the prior written consent of Kolsquare, failing which access to the Platform may be suspended.

Kolsquare grants a right of access and use free of charge, limited, personal, non-transferable and non-exclusive allowing the User to use the Platform and Services in accordance with the GTC in their current version at the date hereof and any future versions.

The User acknowledges that access to the Platform does not confer any ownership rights to the Platform, its content, features and functionalities.

Any use of the Platform that is not expressly authorized by the GTC constitutes a violation of the GTC and may be subject to legal action, in particular for infringement.

6.2. Intellectual Property of the User

The User is the owner of the Content integrated on the Platform.

To this end, User grants Kolsquare a non-exclusive, royalty-free, transferable sublicensable, worldwide license to use, store and reproduce their Content on the Platform in order to provide the Services for the duration of the GTC and as long as User has an Account.

7. Warranties and Liability

7.1. User Warranties and Liability

Users warrant Kolsquare that:

• They will use the Platform in accordance with the GTC and in a lawful manner;
• They are authorized to create the Account and use the Platform. In this respect, Users guarantee Kolsquare against any recourse or action (including legal fees) that any third party may take against Kolsquare for any use of the Platform contrary to its GTC and for any use of the Content;
• They are authorized to upload the Content and its data on the Platform;
• They comply with the terms and conditions of Social Medias and any law and regulation applicable to their activities.

More generally, Users are solely responsible for any misuse of the Services, any Content of any kind (editorial, graphic, audio, audiovisual, or other) published on Social Medias and that can be reproduced and analyzed on the Platform, as well as its connection to internet and all related costs.

Users undertake to ensure that said Content is lawful, does not violate public order and morality (i.e. such as obscene content, defamatory, violent, racist, xenophobic or indecent), or the rights of third parties, does not breach any legislative or regulatory provisions, is not false, misleading or promotion or encouraging illegal, fraudulent or deceptive activities and, more generally, is not likely to incur Kolsquare's civil or criminal liability.

Users acknowledge that the Content and data made available via the Platform are provided "as is" after automatic collection on the Social Medias and depends on the data made available by the Social Media.

Users remain solely responsible for compliance with any law applicable to commercial influence, in particular French law no. 2023-451 of June 9, 2023, and for the communication of the statistics and analytics provided by Kolsquare to third-parties of his/her choice.

7.2. Warranties and Liability of Kolsquare

Kolsquare implements all means necessary for the proper functioning and maintenance of the continuity of the quality of the Platform and Services.

Kolsquare undertakes to do its utmost to ensure that the Platform operates 24 hours a day and 7 days a week. However, Kolsquare makes no commitment regarding the availability and permanent accessibility of the Platform and the Services and does not guarantee that the Platform is free of errors. The responsibility of Kolsquare cannot be engaged in case of failure, breakdown, difficulty, or interruption of operation, preventing access to the Platform or to one of its functionalities because of an event of force majeure or for maintenance reasons. Kolsquare reserves the right to interrupt the Services and the Platform from time to time to carry out updates and maintenance of the Platform, without any compensation or liability due to the User. Kolsquare will make reasonable efforts to arrange updates and maintenance outside of peak usage hours, and will do its best to inform the User in advance of the dates and times of the intervention, but cannot be held responsible in the event of failure to do so.

Kolsquare warrants that it is the owner of the intellectual property rights relating to the Platform and that, if relevant, it collects data and Content on Social Medias in accordance with the applicable terms and conditions of the relevant social medias. If necessary, Users acknowledge et expressly undertake to provide their consent on the relevant Social Medias or to the provider of the Social Medias so that Kolsquare may collect their data and Content and provide the Services.

Considering that the Platform and the Services are provided free of charge to the User, Kolsquare does not guarantee that:

• Using the Platform will improve the performance of the User's Content and/or the performance of the Social Medias and/or generate or increase partnership offers;
• The statistics and analytics developed from the Content are accurate and error free;
• The completeness of the Content and data and statistics associated nor their accessibility in real time on the Platform, the Content and data on the Platform being provided by Kolsquare "as is";
• Data on the Content and statistics associated will always be produced and used as social medias may restrict access to Content or their data.

Kolsquare is not responsible for:

• The use of the data and statistics relating to the Content by Users;
• Difficulties linked to the Internet network and difficulties linked to the hosting of the Platform, and more generally, any technical disruption likely to occur on the Platform, for which Kolsquare is not at fault and has complied with its obligations under the GTC;
• Any errors or omissions in the Content and its analysis when these errors are due to (i) Users or (ii) data and Content provided by the Social Medias;
• Force majeure event.

If Users are acting as consumer, they are beneficing of a conformity warranty (articles L. 224-25-12 and subsequent of the French Consumer Code), in the event a lack of conformity during the contractual period of supply of the Platform. Users are only required to establish the existence of the lack of conformity. Kolsquare has the obligation to provide all necessary updates to maintain the conformity of the digital services during the contractual period. The legal guarantee of conformity entitles Users to have digital services brought into conformity without undue delay after their request, at no cost and without significant inconvenience to them.

Users may obtain a price reduction by keeping the digital service, or may terminate the contract and receive a full refund in exchange for relinquishing the digital service, if: (i) Kolsquare refuses to bring the digital service into conformity; (ii) the bringing of the digital service into conformity is unreasonably delayed or it cannot be brought into conformity without imposing costs on Users; or if bringing the digital service into conformity causes a major inconvenience to Users; (iii) the non-conformity of the digital service persists despite the Kolsquare's unsuccessful attempt to bring it into conformity.

Where applicable, Users are also entitled to a price reduction or termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In this case, Users are not required to request compliance of the digital service beforehand. In cases where the lack of conformity is minor, Users are only entitled to cancel the contract if the contract does not provide for the payment of a price. Any period of unavailability of the digital service for the purpose of bringing it into conformity suspends the warranty that remained in force until the digital content or digital service is provided again in conformity. These rights result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

8. Duration, Suspension and Termination

Duration

The GTC are subscribed to for an indefinite period of time as of their first acceptance by the User when creating an Account.

Termination and Suspension

The User may terminate the GTC at any time, by deleting the Account.

Kolsquare may immediately suspend the Account of the User in the event of non-compliance with the GTC by the User. In such case, Kolsquare shall notify the User of the suspension by email and give the User formal notice to cease such violation.

At the end of a period of thirty (30) days from the date of this notification, which has remained unanswered, Kolsquare may automatically terminate the contractual relationship with the User, without any further notice to the User.

This termination may also take place without prior notice in the event of a serious breach by the User of its obligations under the GTC.

Kolsquare reserves the right to deactivate the User's account on the Platform after a period of total inactivity equal to or greater than twelve (12) months from the date of the User's last connection to the Platform, subject to one (1) month's notice sent by e-mail to the User. However, the User shall have the option of reactivating the Account within thirty (30) days from the date of deactivation by contacting Kolsquare.

Consequences of Termination and Deletion of the Account

Termination of the GTC entails the deactivation of the Account on the Platform and its deletion of as well as the deletion of the data generated on the Platform (namely analysis and statistics created by Kolsquare as regards the Content and audience of the User).

The Account will be deleted within a period of one (1) month after the deactivation of the Account and the termination of the GTC, which will entail the deletion of User data generated on the Platform under the conditions of the GTC (in particular analysis pertaining to the Content and User's audience on Social Medias).

Kolsquare may retain certain data as required by applicable law or for evidentiary purposes.

Data Reversibility

Upon written request of the User within thirty (30) days after the termination of the GTC and the deactivation of the Account, or the notification of the deletion of the Account of a User, Kolsquare will send to the User the data in a structured, commonly used, and easily readable format within thirty (30) days following the date of receipt of this request.

9. Confidential Information

Any information relating to the use of the Platform and Services, as well as data pertaining to the Content (in particular statistics on the Content and the User's audience) are confidential.

Consequently, each Party undertakes (i) to take all necessary measures to ensure strict confidentiality of this information and (ii) to use it solely and exclusively for the purpose of executing the GTC and its consequences.

Each of the Parties undertakes not to disclose, directly or indirectly, in whole or in part, to any third party the existence or content of this confidential information without the express prior consent of the other Party. By exception, Users are entitled to communicate statistics on their Content and their audience.

This confidentiality undertaking does not apply to the use or disclosure of confidential information when such use or disclosure results from the application of a legal or regulatory provision, a final court decision, or an arbitration award.

10. Protection of Personal Data

Kolsquare collects and processes personal data from KOLs when they use the Platform.

Kolsquare's privacy policy, accessible at all times on the Platform, explains how Kolsquare protects the privacy of KOLs and their rights.

The Parties undertake to comply with the regulations on the protection of personal data and in particular Regulation (EU) No. 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of their personal data and Law No. 78-17 of January 6, 1978 on data processing, files and freedoms (together, the "Applicable Regulations"). The Parties shall individually fulfil their obligations under the Applicable Regulations.

In case of a security incident, or to deal with threats or situations of vulnerabilities, Kolsquare has implemented several security measures which are detailed in its privacy policy.

11. Miscellaneous

Right of Withdrawal

The Platform and Services are provided free of charge. As a consequence, and where applicable, User expressly accepts that the Services are provided to the User immediately after the creation of the Account, and the User shall not benefit from its right of withdrawal, in compliance with article L. 221-28 of the French Consumer Code.

Capacity

The Parties declare that they have full capacity to enter into the GTC and have no legal, contractual or judicial impediment to entering into this contractual relationship. In particular, the User has full capacity to create an Account on the Platform and uses the Services.

Independence of the Parties

The Parties expressly declare that they are and will remain, for the duration of the GTC, independent commercial and professional partners. Thus, they will act at all times fully independently from each other and no stipulation of the GTC shall create and may not be construed as creating for one of the parties any bond of subordination towards the other party.

Cooperation and Good Faith

Kolsquare and the User covenant to always behave towards each other as loyal counterparties and to perform their obligations and exercise their rights in good faith. In addition, the Parties shall refrain from any disparagement and from damaging, in any way whatsoever, the image of the other Party.

Force Majeure

Force majeure event has the meaning set forth in article 1218 of the French Civil Code and associated case law. Neither Party will have any liability for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure. In the event of a force majeure event, the affected Party will inform the other Party of the impediment, indicating its estimated duration. After thirty (30) days, the GTC may be terminated at the initiative of either Party, by registered letter with acknowledgement of receipt, without entitlement to compensation.

Evidence Agreement

If Users are considered as professional under the French Consumer Code, Users expressly acknowledge and agrees that: (i) the data collected on the Platform and Kolsquare's IT systems serve as proof of the actual transactions carried out under this agreement, and (ii) this data constitutes the primary form of evidence accepted between the Parties, particularly for calculating the amounts due to Kolsquare for the use of the Services.

Non-Waiver

The fact that one of the Parties does not avail itself of a commitment by the other Party to any of the obligations provided for herein shall not be construed as an acquiescence or waiver of the obligation in question.

Nullity of a Clause of the GTC

Should any of the stipulations of the GTC be null and void, such nullity shall not entail the nullity of the other stipulations of the GTC, which shall remain in force between the Parties.

Transfer and Assignment of the GTC

The GTC is concluded intuitu personae, Users agree not to transfer it and/or any rights and obligations arising therefrom to a third party by any means and for any reason whatsoever. As an exception, Users expressly authorize Kolsquare to transfer the GTC and/or any rights and obligations to another company, particularly in the event of a change of direct or indirect control as defined in article L233-3 of the French Commercial Code.

Applicable Law and Disputes

The GTC is governed by French law. In the event of a dispute between the Parties, the Parties shall endeavor to find an amicable solution in good faith within thirty (30) days of the referral of the dispute to the other Party by the most diligent Party. IF APPLICABLE, IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE INTERPRETATION, EXECUTION AND/OR TERMINATION OF THE SUBSCRIPTION AND ANY DOCUMENT OR ACT ANCILLARY THERETO SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE COURT OF APPEAL OF PARIS, BOTH ON THE MERITS AND ON APPEAL, INCLUDING IN THE EVENT OF A WARRANTY CLAIM OR MULTIPLE DEFENDANTS.

Users that are acting as consumers may, before taking any legal action, seek the assistance of a consumer mediator. The mediator of Kolsquare is SAS Mediation.

1. Description and Purpose of Processing Activity

Kolsquare processes certain personal data to provide Instagram analytics and insights to content creators, to enable creators to monitor their social media performance, to facilitate data sharing with verified brands for potential collaborations and improve user experience. This privacy notice explains which data we collect, why we collect it, and how long we keep it.

This privacy notice supplements the Terms and Conditions of the Platform. Capitalized terms not defined in this document have the meaning given to them in the Terms and Conditions.

2. Categories of Personal Data

We may process the following categories of personal data:

• Identification data: name, Facebook profile picture, email address
• Performance metrics: followers demographics, reach, engagement rate
• Connection data: navigation data, IP address, tracking usage details

3. GDPR Roles

Kolsquare is responsible as a Data Controller for activities related to platform operations (user account management, authentication and platform functionality); the means of the service provision; and for the data retention policies and backup procedures.

Kolsquare is responsible as a Data Processor for processing data on the creator's instructions; data sharing with brands; and for custom analytics (generating reports or insights as requested by individual).

Creators are the individuals whose personal data we process. Therefore, they are entitled to data subjects rights (e.g. right to deletion) and hold the decision on which metrics of their Instagram account are exhibited on the App and shared with Kolsquare.

4. Legal Basis for Processing

Our processing is based on:

• Contractual necessity for delivering the service.
• Consent where users agree to the terms of platform functionality and data processing, and whenever required (e.g. cookies usage, and marketing communication).
• Legitimate interest in improving the platform functionality and user experience, provided the users rights are not overridden.

5. Data Retention

We keep the creator's data only as long as necessary, according to the following schedule:

• Active Accounts: Data is retained while the account is connected and active.
• After Account Deletion: All personal data and analytics are deleted within 30 days of the account deletion request.
• Inactive Accounts: Accounts inactive for 12 months will be deactivated with 30 days notice. Users may reactivate within 30 days of deactivation.
• Legal Retention: Certain data may be retained for up to 3 years after account deletion as required by applicable law or for evidentiary purposes (e.g., financial records, legal compliance).
• Data Export Window: Users have 30 days after requesting account deletion to request a copy of their data in a structured, commonly used format.

6. International Data Transfers

Our primary data storage location is in European Union where possible. When data is transferred outside the European Economic Area (EEA), we ensure an adequate level of protection through:

• Standard Contractual Clauses (SCCs) and EU adequacy decisions, when transfer is made through Meta APIs
• EU-US Data Privacy Framework compliance when we transfer data to Google Cloud Platform

7. Security Measures

In case of a security incident, or to deal with threats or situations of vulnerabilities, Kolsquare has implemented several security measures to ensure data integrity, confidentiality and availability as possible, such as:

• Technical Safeguards: End-to-end encryption in data transmission, database encryption at rest, secure API authentication and regular security updates
• Access Controls: Role-based access control (RBAC), multi-factor authentication for admin access, audit logging for all data access and regular access reviews

8. Deletion & Data Subjects Rights

Upon request, or at the end of a retention period, data will be securely deleted from active systems and backups. Creators can exercise their rights under GDPR, including:

• Access, rectification, erasure ("right to be forgotten")
• Restriction of processing, data portability, and objection