Metricool Terms and Conditions in the Apple Store

Preamble: for the provisions of these Terms and Conditions, the following expressions, as they are written, will have the meaning detailed below.

Metricool: tool aimed at professionals and companies for the management of accounts and advertising campaigns on social networks, for a purpose related to his/her/its trade, business, job or profession, with access, depending on the contracted Plan, to different functionalities and/or services through the website https://app.metricool.com/ and/or the Metricool application for iOS or Android.

METRICOOL SOFTWARE: Metricool’s owner company which full details are listed below.

Administrator: professional or company (Community Managers, Social Media Managers, advertising agencies or digital marketing, etc.) that manages third-party accounts or their own accounts on social networks using Metricool for a purpose related to his/her/its trade, business, job or profession.

Brand: set of all associated social networks, understood as a website or blog, or the social network accounts available for connection with Metricool, owned by the Administrator or by any individual or legal entity that hires the services of the Administrator for the management of his/her social media accounts through Metricool.

1. Identification of the parties and declarations:

1.1. Identification of the parties:

The Metricool service provider is the company METRICOOL SOFTWARE, SL, with registered office at c / Téllez, nº 12, Entreplanta H, 28007, Madrid- Spain, with NIF: B87527115 (VAT: ESB87527115), duly registered in the relevant trade registry (Registro Mercantil de Madrid) to Volume 34,491, Folio 123, Section 8, Page M-620,321. Hereinafter, METRICOOL SOFTWARE.

You can contact METRICOOL SOFTWARE directly and effectively at the email address: [email protected].

If you contract the services of Metricool, you will have the status of Administrator of the Brands that you manage through Metricool (hereinafter, Administrator).

1.2. Declarations of the parties to the contracting:

1.2.1. Acknowledgement:

The parties expressly declare that although the contracting of the license to use the Metricool application is made through the App in the Apple Store environment, METRICOOL SOFTWARE is solely responsible for said application and its content.

1.2.2. Scope of the license to use the Metricool application:

The license granted to the Administrator is non-transferable and for use on any Apple-branded product the Administrator owns or controls and as set forth in the Rules of Use set forth in the Apple Multimedia Services Terms and Conditions.

1.2.3 Maintenance and Support:

METRICOOL SOFTWARE is solely responsible for providing maintenance and support with respect to the Metricool application in the manner set forth in these Terms and Conditions. Administrator and METRICOOL acknowledge that Apple has no obligation to provide maintenance and support services with respect to the Metricool application.

1.2.4. Warranty

METRICOOL SOFTWARE is solely responsible for any product warranties, whether express or implied by law.

In the event that the Metricool application fails to conform to any applicable warranty, the Administrator may notify Apple, and Apple will refund the purchase price of Metricool.

To the extent provided by applicable law, Apple shall have no other warranty obligations with respect to the Metricool App, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any breach of any warranty that is the responsibility of METRICOOL SOFTWARE.

1.2.5. Product claims:

The parties expressly acknowledge that METRICOOL SOFTWARE and not Apple is responsible for addressing any claims by Administrator or third parties relating to the Metricool application or Administrator’s possession and/or use thereof, including, but not limited to:

(i) product liability claims;

(ii) any claim that Metricool is not in compliance with any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Metricool’s use of the HealthKit and HomeKit frameworks.

1.2.6. Intellectual Property Rights:

The parties expressly acknowledge that, in the event of any third-party claim that Metricool or its possession and use by Administrator infringes such third party’s intellectual property rights, METRICOOL SOFTWARE, and not Apple, shall be solely responsible for the investigation, defense, resolution and settlement of such intellectual property infringement claim.

1.2.7. Legal compliance:

By accepting these Terms and Conditions, the Administrator expressly declares:

a) To have read and understood its contents, to be of legal age, with the capacity to be bound in accordance with the provisions of these, in his/her own name and right or in the name and on behalf of any natural or legal person legally constituted with the will to contract Metricool for a purpose related to a commercial activity, business, trade or profession.

b) That you are not located in a country subject to embargo by the U.S. Government, or that has been designated by the U.S. Government as a country “supporting terrorism”.

c) That it is not on any U.S. Government list of prohibited or restricted parties.

1.2.8. Name and address of the developer of the Metricool application:

For appropriate purposes, the name, address and contact information of the Metricool developer to whom the Administrator may address any questions related to Metricool is indicated below:

Metricool Software, S.L.

C/ Téllez, nº 12, Entreplanta H, 28007, Madrid- España

Contact e-mail: [email protected].

1.2.9. Contractual terms and conditions of third parties:

The Administrator must comply with the contractual terms and conditions of any third party, if any, contracted by the Administrator for the use of Metricool, such as the Internet access provider.

1.2.10. Third party beneficiaries:

The parties expressly acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of the contracting under these terms and conditions, and that, upon acceptance by the Administrator of these terms and conditions, Apple shall be entitled to enforce the provisions of these terms and conditions as a third-party beneficiary.

2. Subject of agreement:

Metricool’s services are offered with the freemium formula, consisting of offering the basic service for free (Free Plan) giving the user the option to contract through the App the Starter 5 Mobile 5 Mobile Plan against payment of a fee.

The Free plan and the Starter 5 Mobile 5 Mobile Plan include the services detailed below.

2.1. Social Media Profiles Service:

Metricool’s Social Media service allows the Administrator, depending on the contracted Plan:

– Manage a certain number of Brands.

– Connect with a certain number of Web/s / Blog/s.

– Connect with a certain number of profiles of the Brand/s in the social networks available in Metricool as provided in these terms and conditions (Facebook, Instagram, Threads, X, Pinterest, TikTok, YouTube, Twitch, LinkedIn and Bluesky). Connection to LinkedIn and X accounts is only available for paid plans.

– Connect a certain number of Google Business accounts.

– Connect a certain number of accounts in the advertising services Facebook Ads, Google Ads, Tik Tok Ads.

The following are the limitations of the Service depending on the contracted Plan:

2.2. Planner Service:

Metricool’s Planner Service allows the Administrator to make use of the following functionalities:

Planner: to establish a publication plan in the number of profiles of the Brand/s and with a limited number of publications according to the contracted Plan.

If you contract a Plan with an unlimited number of publications/month, the unlimited nature of the publications is conditioned to compliance with the Fair Use Policy for Social Media Scheduling (hereinafter, the Fair Use Policy), as well as compliance with the policies or internal anti-SPAM or similar rules of each platform or social network connected with Metricool. METRICOOL SOFTWARE will not be responsible for the limitations imposed by each platform or social network to make publications for non-compliance with such policies and/or rules.

In order to comply with the Fair Use Policy, the Administrator shall:

– Avoid repetitive publication of identical content that could be considered SPAM.

– Not to make publications with explicit sexual content or with content or propaganda of an illicit nature (for example, racist, xenophobic, terrorist apology content, content that violates human rights, or that incites hatred, violates the dignity of the person, or that is libelous, slanderous or against public order or security, as well as that promotes products or services in violation of the advertising regulations applicable to the gambling, alcohol, etc. sectors).

METRICOOL SOFTWARE has established preventive mechanisms to ensure that the Administrator complies with the Fair Use Policy. In this regard, a base activity threshold of 600 posts per Brand per month has been established. If this base activity threshold is exceeded, METRICOOL SOFTWARE will manually check for non-compliance with the Fair Use Policy.

If it is verified that there has not been a breach of the Fair Use Policy, the base activity threshold will be extended and a custom activity threshold will be established on which compliance with the Fair Use Policy will be checked in the following months.

If, on the other hand, non-compliance with the Fair Use Policy is verified, METRICOOL SOFTWARE will be entitled to suspend postings for the current month and the corresponding activity threshold will not be increased.

During the time of the manual check, the Administrator will not be able to make any postings.

If you use Metricool to upload videos to YouTube by clicking on the upload interface you certify that the content you are uploading complies with YouTube’s Terms of Service (including the YouTube Community Guidelines) at https://www.youtube.com/t/terms.  Please make sure you do not violate the copyrights or privacy of others.

Best Times: estimation of the best times to publish on Instagram, Facebook, and TikTok.

Autolists: used to automate the planning of the publications of the accounts you manage manually, by uploading a CSV file or attaching an RSS feed (by adding the URL of the RSS feed of any website) in the manner permitted by each social network.

Auto publication: the content planned in Metricool will be automatically published in social networks in the manner programmed by the Administrator as long as the corresponding social network allows it.

Library of publications: functionality available exclusively for Payment Plans allows you to save publications for reuse at a later time or to generate content templates.

Image and Video Bank: access to the Pexels royalty-free image bank that the Administrator will be able to use exclusively in the publications he/she publishes using Metricool.

Image and Video Editor: image and video editing tool.

Hashtag Search Engine: functionality available only for Instagram and TikTok that allows the Administrator to find the most relevant hashtags related to his/her publications.

Schedule PDF’s: functionality available only for LinkedIn to schedule the publication of a document in PDF format.

RSS Feed: allows to preview the scheduled content in the feed of the corresponding social network.

Post promotion: functionality available only for Facebook to insert advertising in a post published on Facebook.

AI Social Media Assistant: support for content creation based on Artificial Intelligence (AI) limited to a certain number of credits per brand per month depending on the contracted Plan. 1 credit is equivalent to around 600 words, considering both the input (prompt) and output (the response of the AI system).

Google Drive Integration: possibility to integrate in Metricool a direct access to a Google Drive account and to the files hosted in it from Metricool. This integration is only available for paid plans.

Canva Integration: possibility to integrate in Metricool a direct access to a Canva account, and to the designs hosted in it from Metricool. The integration is only available for paid plans.

The limitations of the above services are detailed below, depending on the contracted Plan:

2.3. Analytics Service:

With Metricool’s Analytics Service the Administrator will be able to have access to:

Metrics Storage: storage of metrics of the Brand/s managed during a determined period of time according to the contracted Plan. When the Administrator connects a new account of a social network with Metricool, the data corresponding to the previous two months are calculated, except for the number of followers of X, TikTok and Instagram, as well as YouTube subscribers and Instagram stories, whose metrics are calculated from the moment of connection to Metricool.

Reels & Stories Analytics: available exclusively on Instagram.

Competitor Analysis: available exclusively on Facebook, Instagram, Twitch, YouTube, and X to analyze a specific number of competitors.

On X only data relevant of the profile (followers, followers and tweets and follower evolution) is available.

Twitter/X Analytics: obtaining data about the activity in X. This functionality, depending on the contracted Plan can be Limited or Complete. The Limited functionality does not include: best times of X in the planner, tweets graph, interactions, type of tweet, competitor tweet metrics, list of competitors’ posts or competitor post details.

Web/blog real-time analytics: obtaining data from the website(s)/blog(s) connected by the Administrator with Metricool in real time (number of visitors to the connected website, URLs visited, evolution of the website in the last 30 minutes, from which parts of the world they visit the website, traffic sources in real time and throughout the day in which the query is made).

Hashtag Analysis on Instagram: obtaining information on the hashtags used by the Administrator in the Instagram publications made by him/her.

The following are the limitations of the Service depending on the contracted Plan:

2.4. Reports Service:

With Metricool’s Reports Service the Administrator will have access, depending on the contracted Plan, to:

Reports: generation of reports of all the analytics of the accounts of the managed Brand/s and of the performance data, if applicable, of Facebook Ads and Google Ads.

CSV Download: download reports in CSV format.

The following are the limitations of the Service depending on the contracted Plan:

2.5. Inbox and message management Service:

With Metricool’s Inbox and message management service, the Administrator will be able to moderate in the accounts of the Brand/s he/she manages:

– Private messages on X (only with Plan Starter 5 Mobile), Facebook, and Instagram.

– The comments of posts on Facebook, Instagram, and YouTube and TikTok videos.

– Posts on official LinkedIn pages, although this service is only available for paid plans.

2.6. SmartLinks Service:

With Metricool’s SmartLinks service, the Administrator will be able to establish a determined number of links with access to a “mini landing” with information and outgoing links to where the Administrator chooses with the following limitations depending on the contracted Plan:

2.7. Canva Add-On Service:

The Administrator will be able to integrate the Canva design tool in Metricool to design in Canva and from such platform program it in Metricool.

3. Metricool services contracting procedure:

Currently the contracting procedure can be carried out in Spanish and English.

METRICOOL SOFTWARE will not keep a copy of these conditions linked to the recruitment, so it is recommended to keep a copy of them.

METRICOOL SOFTWARE has no technical means to identify and correct errors in the introduction of your data, except to detect if any field that is necessary to process the request, is pending completion.

In order to use Metricool’s services it is an indispensable requirement to register as an Administrator.

3.1. Register as Administrator:

To proceed with the registration as Administrator, you must click on the button “SIGN UP HERE” and provide your data through any of the following options:

a) If you register with your email:

We will ask you for your email and a password that will be stored encrypted and will be your access credentials to Metricool. In that case, we will send an email to the address provided in order for you to verify it and thus, be able to access Metricool.

b) If you register through social logins:

You can register using your account on the social network whose social login is active in Metricool for this purpose. In that case, the corresponding social network will provide us with your email, your profile picture, and your name with a Unique Identifier associated with your Administrator profile in Metricool.

To do this, you must log into that social network and accept the permissions that you grant Metricool through it, which will allow the Metricool application to access different features depending on the social network in question for the purpose to be able to provide the hired service to manage your accounts on social networks and the advertising campaigns you carry out.

Examples of such permissions are: managing ads, accessing ads and their statistics, managing your account, accessing your profile and the publications you make, managing comments, accessing direct messages, accessing statistics, creating and managing content, etc.

Permissions may vary depending on the social network with which you register through the corresponding social login.

We will provide information regarding the process of personal data, which will be carried out in accordance with the provisions of the Privacy Policy  and the present terms and conditions that you must read and, in case you agree, accept them by checking the box established for this purpose

After a successful registration, you will be able to access Metricool free services.

In order to hire Metricool paid services, we will ask for your billing information and payment method.

3.1.1. Veracity of the data provided:

As a Metricool user who has requested your registration, you are solely responsible for ensuring that the data provided is up-to-date, complete, accurate, and truthful. METRICOOL SOFTWARE declines any responsibility for the breach of such requirements on the occasion of your registration.

If you detect an error in the data provided, you must proceed to correct it, as soon as possible, through your user account or by contacting METRICOOL SOFTWARE at the indicated email.

3.1.2. User access credentials:

The access credentials (email and password) are confidential. Therefore, you must be diligent in its use and conservation, so that its use by unauthorized third parties is not possible. Consequently, you are obliged to notify METRICOOL SOFTWARE immediately of the loss of your access credentials as well as any danger or breach of their confidentiality. Otherwise, you must assume responsibility for any damage or harm caused by verified accesses through your user credentials.

In the event that you do not remember your password, you can enter your email to reset a new password.

If you do not remember the email address that you provided when you signed up for the service, you should contact METRICOOL SOFTWARE at the indicated email address, communicating the incident. METRICOOL SOFTWARE will contact you, being able to request the contribution of the appropriate documentation (ID, passport, NIF, articles/deed of incorporation, power of attorney or documentation of any other nature) that allows METRICOOL SOFTWARE to identify you as a registered user and, where appropriate, reestablish the use of Metricool, and all this, for the sake of security in the provision of the service.

3.1.3. Prohibition of having more than one user account:

Only the creation of a single Administrator account in Metricool will be allowed for each natural or legal person. METRICOOL SOFTWARE reserves the right to cancel accounts that fail to comply with the foregoing.

3.2. Contracting Starter 5 Mobile Plan:

To contract the Starter 5 Mobile payment Plan, once you have verified your registration as an Administrator, you must follow the following steps:

In your Administrator account in the Metricool App, you must click on “Settings”, “Account settings”, “Plan and billing”, accessing the information about the current plan, clicking on “Upgrade”. A summary of the Plan will appear with the price (applicable taxes not included) and you must click on “Buy” and proceed to payment.

Once you have successfully completed the Starter 5 Mobile Plan contracting process, you will have access to the services associated with it.

3.3. Prices of the Starter 5 Mobile Plan:

The price of the Starter 5 Mobile Plan is a monthly fee in effect at the time of contracting and that you will be able to view before contracting and that does not include the legally applicable taxes that, if applicable, correspond.

Prices may be modified upward or downward, depending on multiple causes, however, any change in prices will take effect from the date of hiring or renewal of the service after the modification of these.

In the event of a price increase, we will inform you prior to the automatic renewal of the monthly contracting cycle and at least 15 days prior to the renewal date, of the price increase and will proceed to the automatic renewal for the same period only if you do not object to it, once the price change has been communicated.

The charge of the amount of the monthly price will be made in the means of payment associated to the App Store by the Administrator, being the first one at the moment of the contracting and the following ones on the same day of the successive months.

3.4. Change of paid subscription Plan:

You may change your Plan in accordance with the provisions of this section:

If you change from a free plan (free) to the Starter 5 Mobile Plan, the billing cycle will begin to be computed from the date on which you contract the Starter 5 Mobile Plan.

If you want to change from the Starter 5 Mobile Plan to the Free payment plan, you will continue to enjoy the superior Plan until the end of the contracted billing cycle and at the beginning of the next billing cycle no amount will be charged to your payment method.

There are no refunds for ongoing Starter 5 Mobile Plan billing cycles.

3.5. Administrator account in Metricool:

Through your Metricool Administrator account, you will have access to the services of the contracted Plan, and you will also be able to manage your account.

3.6. Duration and termination of the service:

You will be able to maintain your Administrator account in Metricool indefinitely for the free plan in accordance with the provisions of the present terms and conditions.

For the Starter 5 Mobile plan, you will have access to Metricool services as long as you are up to date in the payment of the price and during the monthly term.

The contract will be automatically extended for the same period of time as initially contracted.

If you request the cancellation of the contracted Plan, you will be able to continue using the service until the end of the monthly period you have contracted, without being charged the amount corresponding to the following period.

If you wish, you can delete your Administrator account through your Metricool profile. This action will permanently delete your Metricool account and all analytical data from all brands will be deleted, as well as personal data from the account.

The early termination of the contract may also occur if any of the causes of termination of the contract provided for in the applicable legislation or in these Terms and Conditions concur.

METRICOOL SOFTWARE may withdraw or suspend the provision of services at any time and without prior notice in the event of breach of any of the obligations assumed under these contract conditions, with express reservation of the right to claim, in case, the damages that could be incurred by reason of such breach.

The permissions that you have granted to Metricool through each social network must be withdrawn in each of those social networks.

3.7. Billing:

The Administrator shall arrange to obtain the corresponding invoice from Apple.

4. Denial of access to the service:

METRICOOL SOFTWARE may deny you access to Metricool in any of the following cases:

a) The information provided is false, incomplete and / or inaccurate.

b) The activity carried out by you (or by third parties designated by you) does not comply with these Terms and Conditions and/or is found to jeopardize the proper functioning of the service of other users.

c) There is any amount pending payment with METRICOOL SOFTWARE.

The denial of access to services will be communicated by email to the address provided by you, or through the Metricool Administrator account or messages on the platform itself.

5. Promotions:

METRICOOL SOFTWARE shall have the right to establish promotional campaigns of its services at any time with certain advantages for users, which will remain in effect for as long as they are published on the Website or for the time established in the promotion in question. Promotions shall not be cumulative.

6. Other terms of service:

6.1. Software use license:

When contracting the services of Metricool, METRICOOL SOFTWARE grants you a non-exclusive, temporary license, for the territory in which you are established, of the Metricool software with access to the corresponding services based on the contracted plan. The said license of use will not imply under any circumstance the sale of the software, nor of any of the rights that METRICOOL SOFTWARE holds over it, so you will not be able to resell it, transfer it to third parties, or rent or provide the contracted services, except as expressly provided for in any of the Plans.

Modification or any type of manipulation of the software is absolutely prohibited.

6.2. Inappropriate use of Metricool:

The use of Metricool for any purpose other than that for which its functionalities are intended is strictly prohibited.

The Administrator will be responsible for any inappropriate use made by him/her, as well as for the inappropriate use of any third party to whom he/she gives access to his/her account.

6.3. User participation:

In the event that through Metricool your participation is allowed through the publication of comments or the generation of content, it is absolutely forbidden to disseminate content or propaganda of an illegal, racist, xenophobic nature, apology for terrorism, an attack against human rights, or that incite hatred, violate the dignity of the person, or are libelous, slanderous or against public order or safety.

METRICOOL SOFTWARE reserves the right to erasure all comments and / or content that violate the foregoing or that are not suitable for publication.

In any case, METRICOOL SOFTWARE will not be responsible for the opinions expressed or for the content published by users through forums, chats, blog, or other participation tools that may be created, except as expressly provided by the applicable regulations.

6.4. Prohibition of screen scraping, web scraping or similar techniques:

The use of screen scraping techniques, web scraping or any other programming technique or of any other nature that allows the extraction of information or data hosted, stored or accessible in Metricool without express written authorization from METRICOOL SOFTWARE is expressly prohibited.

7. Metricool Affiliation Program conditions:

7.1. Definitions:

For the purposes of the provisions of this section dedicated to the Metricool Affiliation Program, the following terms will have the meaning indicated below.

– Affiliation Program: set of services offered by Metricool to its AFFILIATES and that allows them to benefit from participating in it according to its conditions.

– AFFILIATE: Administrator of a Metricool Plan that participates in the Affiliation Program.

– Referred Customer: new Metricool customer who contracts a payment plan through the AFFILIATE’s Affiliation Link and who is not already a Metricool Plan Administrator.

– Support(s): website(s) of the AFFILIATE on which he/she can place his/her Affiliation Link.

– Affiliation Link: link provided by METRICOOL SOFTWARE that the AFFILIATE can place in his/her Support/s and that uniquely identifies him/her for the correct measurement of the Referred Client/s contracting, and that redirects to Metricool’s website.

– Session: time between a user’s access to Metricool’s website through an Affiliate Link, which ends when the user returns to Metricool’s website through another website or when the expiration period of the Affiliate Link of 30 calendar days elapses.

– Click: action of clicking on a link or interface.

7.2. Participation in the Affiliation Program:

The Administrator may participate in the Affiliation Program as an AFFILIATE by applying to the above address.

Participation in the Affiliation Program is free of charge and does not imply or oblige the AFFILIATE to make extra investments. In case of technical incompatibilities that require an investment, this will be the sole responsibility of the AFFILIATE.

The general criteria to be able to participate in the Affiliation Program are that the AFFILIATE must be a natural person of legal age or a legally established legal person with legal capacity, holder of the rights over the Support/s or have the authorization of the holder thereof for such purpose and comply with the necessary legal requirements to be able to develop an economic activity of income from affiliation and issue the corresponding invoices to be able to receive the Commission that, if applicable, corresponds.

The AFFILIATE will have access to his/her Affiliation Link that METRICOOL SOFTWARE will provide.

The relationship between the AFFILIATE and METRICOOL SOFTWARE has an exclusively commercial nature, which can be incardinated in an advertising broadcasting service of Metricool through the AFFILIATE’s Support(s) and in accordance with the provisions of these conditions.

7.3. Denial of Participation in the Affiliation Program:

METRICOOL SOFTWARE reserves the right to deny participation in the Affiliation Program if the AFFILIATE or his/her Support/s do not meet the established requirements or for any reason or action of the AFFILIATE that may damage the brand image of Metricool, for any breach or for any other cause established in these conditions.

The denial of access as Administrator necessarily implies the denial to participate in the Affiliation Program.

7.4. Service management:

The AFFILIATE can only use the Affiliate Link provided by METRICOOL SOFTWARE to be deployed exclusively in their Support/s, so the Affiliate Link cannot be included in any other site (emails, profiles and/or publications in social networks, etc.).

The AFFILIATE will be able to track his/her activity as such through the “Affiliation Program” section of his/her Metricool Administrator account.

7.5. Commissions, accrual, and payment method:

7.5.1. Commission:

METRICOOL SOFTWARE will remunerate the AFFILIATE with an amount equivalent to 50% of the expenditure made and up to a maximum of 50 USD for each Referred Client.

To the Commission will be applied the taxes and fiscal retentions that, in its case, legally correspond.

For these purposes, the AFFILIATE must take into account that, if he/she carries out his/her activity from a country outside Spain, if that country does not have a double taxation agreement with Spain or if having a double taxation agreement with Spain, he/she does not prove his/her tax residence, METRICOOL SOFTWARE will be legally obliged to practice tax withholdings of up to 24% or those established at any given time by the applicable Spanish tax regulations.

7.5.2. Commission accrual:

The right to the commission will accrue if each and every one of the conditions listed below are met:

a) The Referred Customer must have created his/her Metricool account through the AFFILIATE’s Affiliation Link and subsequently must have contracted a Payment Plan.

b) The payment of the price corresponding to the contracting of the Payment Plan by the Referred Customer must have been verified by METRICOOL SOFTWARE.

c) The Referred Client must have maintained the contracting of the Metricool Payment Plan for a period of 30 days from the date of contracting.

d) The AFFILIATE must issue and send to METRICOOL SOFTWARE the corresponding invoice for the advertising broadcasting services for affiliation.

e) The AFFILIATE must send to METRICOOL SOFTWARE the tax residence certificate, or any other tax or legal documentation required.

Under no circumstances will any right to receive commissions for the contracting of a payment plan be accrued by anyone who has previously contracted a Metricool plan.

When a user accesses Metricool from the Affiliate Link of the AFFILIATE, a persistent technical cookie will be installed in his/her device for a period of 30 calendar days. If the user creates his/her Metricool account within this period of time, without deleting the cookie, the registration will be imputed to the AFFILIATE. If the user subsequently contracts a payment plan, this contracting will be imputed to him/her.. If the user deletes the cookie, the contracting cannot be attributed to the AFFILIATE, since it is impossible to detect that the contracting is done through the AFFILIATE’s Affiliation Link.

All the Affiliate Links of each AFFILIATE install this type of cookie, if a user clicks on the Affiliate Link of an AFFILIATE, and subsequently clicks on the Affiliate Link of a different AFFILIATE, the cookie of this last URL will replace the previous one (and so on), so if that user contracts any service with Metricool, the contracting will be attributed to the AFFILIATE whose last Affiliate Link the user has clicked on.

It is understood that this system tries to facilitate the work of the AFFILIATES, and METRICOOL SOFTWARE cannot be held responsible for any of these cases.

7.5.3. Commission payment method:

Once each and every one of the Commission accrual requirements have been met, and as long as an accumulated amount of commissions of at least USD 100.00 has been reached, the AFFILIATE may request the payment of the accrued Commissions, which will be paid the month following the date on which the 30 days of permanence of the Referred Client have elapsed without having requested the cancellation of the same.

7.6. Term:

Participation in the Affiliation Program shall be of an indefinite nature until its termination for any of the causes set forth in these conditions.

7.7. Loss of AFFILIATE status:

METRICOOL SOFTWARE reserves the right to revoke the status of AFFILIATE:

a) For breach of any of the conditions of the Affiliation Program.

b) For the use of identifying elements, distinctive signs, trademarks and / or designs of Metricool not expressly authorized by METRICOOL SOFTWARE. For this purpose, the AFFILIATE may only make use of the resources that are made available in the Resource Center link https://metricool.com/ and only for their participation in the Affiliation Program, without the use of them can be deduced a relationship with METRICOOL SOFTWARE or its brands other than participation in the Affiliation Program or that may lead to confusion to any user about whether the ownership of the support corresponds to the AFFILIATE or METRICOOL SOFTWARE.

c) For the use of unauthorized techniques of sending advertising (SPAM) by the AFFILIATE being the AFFILIATE exclusively responsible for such actions. 

d) For the inclusion of the Affiliation Links in any place different from the Support.

e) For the conclusion of operations or transactions by illicit or fraudulent means.

f) For the use of the Affiliate Link for the contracting of services by the AFFILIATE, or for the creation of client accounts with the same personal data to receive auto-commissions or with the personal data of blood relatives or relatives by affinity up to the second degree inclusive.

g) For bidding as advertising keywords in online advertising services of the Metricool brand or any variation of the same or similar terms (without any letter or adding others) or combining the Metricool brand with any other term.

h) For publishing promotions, rebates, credits, or discounts on Metricool products and services, or any other content related to Metricool without the prior written consent of METRICOOL SOFTWARE in each case. The AFFILIATE may only publish promotions provided through the Affiliation Program.

7.8. Obligations of the AFFILIATE:

The AFFILIATE must comply with all the obligations contained in these conditions. It will be the sole responsibility of the AFFILIATE to update their Support/s and their contents.

METRICOOL SOFTWARE will not be responsible for the non-compliance of the legal obligations of the AFFILIATE with respect to its Support/s and/or the economic activity that it develops, such as legal notices, privacy and cookies policies, tax obligations and/or Social Security or any other nature.

The AFFILIATE agrees not to modify the Affiliate Links made available by METRICOOL SOFTWARE for the development of the service.

METRICOOL SOFTWARE will not be responsible for any error in the installation of Affiliation Links in the AFFILIATE’s Support(s).

7.9. Modifications to the Affiliation Program:

METRICOOL SOFTWARE undertakes to notify any substantial modification of the Affiliation Program with sufficient notice.

If the AFFILIATE is not satisfied, he/she will have the right to stop participating in the Affiliation Program and to request the liquidation and payment of the Commissions, if any, pending, without any other type of claim.

7.10. Consequences of termination:

Once the participation of the AFFILIATE in the Affiliation Program is terminated, he/she will be totally disassociated from it, being expressly prohibited the use of logos and banners or any allusion to the brand, logos, anagrams, designs, or any other element owned by METRICOOL SOFTWARE.

7.11. Other considerations about the Affiliation Program:

METRICOOL SOFTWARE does not guarantee the continuity of the Affiliation Program, so it may terminate it at any time by settling pending payments.

The AFFILIATE shall be responsible for the contents and links included in its Support/s.

The AFFILIATE will assume responsibility for damages caused to METRICOOL SOFTWARE for breach of the obligations hereunder, being METRICOOL SOFTWARE authorized to withhold the amounts in concept of commissions that would have corresponded to the AFFILIATE in case of breach.

8. Availability of services:

8.1. METRICOOL SOFTWARE will make the best efforts in order to guarantee you access to Metricool 24 hours a day, 7 days a week, without any interruption other than that required for prevention or operational maintenance work or of any other nature that ensures correct operation of the service.

8.2. The provision of the service is subject to malfunctions, anomalies, errors and interruptions inherent to computer applications. Consequently, METRICOOL SOFTWARE cannot guarantee uninterrupted use of the services. In no event shall METRICOOL SOFTWARE be liable for any damages or injury resulting from the temporary unavailability of the service.

8.3. Metricool integrates via API (Application Programming Interface) the applications of third party social networks (Facebook, Instagram, Threads, X, Pinterest, TikTok, YouTube, Twitch, LinkedIn, Google, Bluesky), so METRICOOL SOFTWARE cannot guarantee that any of the functionalities available in Metricool of each of these social networks, will stop working due to changes in the internal policies of these third parties, since it is each of the companies that own their respective social network that decides which functionalities it offers through its respective API, without METRICOOL SOFTWARE having any control over the possible modifications in each API of these third parties.

Therefore, METRICOOL SOFTWARE will not be responsible for the changes that the companies that own each social network connected with Metricool make with respect to the elimination and/or modification of functionalities.

9. User Support: 

You can access https://help.metricool.com/en/ for information on how METRICOOL can help you.

Notwithstanding the above, METRICOOL SOFTWARE’s customer support team can assist you by e-mail at [email protected] or through the chat integrated in Metricool.

10. Modification of the contracting conditions:

METRICOOL SOFTWARE reserves the right to modify or substitute these Terms and Conditions as a result of the modification, evolution and promulgation of laws, regulations, and rules applicable to the provision of the service and/or aspects related to them or related to technical or technological aspects that could not be foreseen at the time of drafting these conditions.

11. Rights and obligations of METRICOOL SOFTWARE:

11.1. Rights: METRICOOL SOFTWARE will have the right to:

– Receive payment of the price, if any, for the services provided.

– Introduce changes or technological improvements in the services provided.

– To interrupt the service to carry out all those tasks that it deems necessary and/or convenient in order to undertake improvements and/or restructuring in it, as well as to carry out maintenance operations of the service. In the latter case, METRICOOL SOFTWARE will use its best efforts to notify you, to the extent possible and with reasonable notice, of those periods of time in which the service will be interrupted and so that such interruptions affect you in a minimal way.

11.2. Obligations:

METRICOOL SOFTWARE undertakes to provide the services in accordance with the terms established in these conditions.

12. Rights and obligations of the Administrator:

12.1. Rights:

You will have the right to use the services contracted in the agreed terms and conditions.

12.2. Obligations:

By contracting the services of Metricool you will be obliged to:

– Comply with the payment obligations that, where appropriate, correspond.

– Not to disturb, impede, interfere, distort, or damage the assigned equipment or systems of METRICOOL SOFTWARE or third parties.

– Observe and comply with all the security regulations that METRICOOL SOFTWARE may impose on the use of its resources and not use the services for purposes other than those provided by METRICOOL SOFTWARE or for the performance of activities contrary to the laws, morals, the public order or to use the services for illicit, prohibited purposes or effects that are harmful to the rights and interests of third parties, with METRICOOL SOFTWARE declining any responsibility that may arise from this.

13. Links Policy:

13.1. Links from other Websites:

If it is intended to establish a link from another Website to any of the Metricool web pages, the following conditions must be met:

– The total or partial reproduction of any of the services or contents of the website, or the establishment of deep-links, IMG or image links, or frames with the Website is not allowed without prior express authorization and by written.

– No false, inaccurate or incorrect manifestation will be made on the Website, nor on the services or contents thereof. Except for those signs that are part of the link, the web page on which it is established will not contain any brand, commercial name, establishment label, denomination, logo, slogan or other distinctive signs belonging to METRICOOL SOFTWARE, unless expressly authorized by the latter.

– The establishment of the link will not imply the existence of any relationship between METRICOOL SOFTWARE and the owner of the website or portal from which it is made, nor the knowledge and acceptance of METRICOOL SOFTWARE of the services and content offered on said website or portal.

– METRICOOL SOFTWARE will not be responsible for the content or services made available to the public on the website or portal from which the hyperlink is made, nor for the information and statements included therein.

13.2. Links to other websites:

The METRICOOL SOFTWARE website may make available to the user links to other websites managed and controlled by third parties, with the exclusive function of facilitating users to search for information, content and services on the Internet, without in any case being considered that METRICOOL SOFTWARE markets, directs, controls or owns the content, services, information and statements available on said websites.

METRICOOL SOFTWARE does not assume any type of responsibility, even indirectly or subsidiary, for the contents, information, communications, opinions or services linked from those websites not managed by METRICOOL SOFTWARE and that are accessible through the Web, nor does it guarantee the absence of viruses or other elements in them that may cause alterations in the computer system (hardware and software), in the user’s documents or files, excluding any responsibility for damages of any kind caused to the user for this reason.

14. Liability Regime:

14.1. Interruptions in the operation of the Platform:

METRICOOL SOFTWARE cannot and does not guarantee that there will be no interruptions or errors in accessing Metricool. However, there is a firm commitment, as soon as METRICOOL SOFTWARE becomes aware of such incidents, to carry out all actions aimed at their restoration or repair, except for the concurrence of causes beyond METRICOOL SOFTWARE that make it impossible or difficult to carry out.

14.2. Disclaimer:

METRICOOL SOFTWARE will not assume any responsibility:

– Due to problems derived from lack of access or problems inherent to Internet connectivity or electricity networks when these originate from causes beyond their control or from causes that could not have been foreseen by the parties or that, even being foreseeable, METRICOOL SOFTWARE has made all reasonable efforts to avoid them or that they were considered as fortuitous causes or force majeure.

– For damages of any nature that may be caused to your physical (Hardware) and logical (software) systems or to the files or documents stored in them, as a consequence of the presence of viruses on your device or of a malfunction or use of an outdated version of your browser.

– For your legal obligations for the development of your activity as an account manager in social networks.

– Due to the lack of veracity, accuracy and/or validity of the data you provide us, nor of the consequences derived from the contractual relationship between you and the clients whose accounts you manage on social networks using Metricool.

– For actions or omissions directly attributable to you or to third parties that depend directly on you.

– Due to the fact that the service does not meet your expectations or does not meet your needs, due to capital gains or losses in your activity, as it is your responsibility to assess whether Metricool is useful for your purposes before hiring it.

– For the breach of the obligations that concern you.

– For the errors in which you incur in the use of Metricool in your programming and/or automation.

– For the elimination or modification of functionalities in the social networks connected to Metricool carried out by the companies that own them.

– For the relationship between the Administrator and the Brands he/she manages.

15. Intellectual and industrial property:

15.1. Metricool Content:

All the elements and/or contents published in Metricool have been created by METRICOOL SOFTWARE or it has a license or authorization for their use.

Therefore, all those elements and/or contents (such as: images, audio, video, software, or texts; brands or logos, color combinations, structure and design, applications necessary for its operation, access and use, etc.) and the exploitation rights over them are the exclusive property of METRICOOL SOFTWARE.

The reproduction, distribution, public communication – including the method of making it available – and the transformation, of all or part of the contents of Metricool, in any medium and by any technical means, without the express prior authorization and by written by METRICOOL SOFTWARE.

In case of carrying out any of the prohibited actions indicated, those exclusive rights of intellectual or industrial property that correspond to METRICOOL SOFTWARE will be violated. Therefore, you undertake to respect such rights, refraining in addition to deleting, altering, evading, or manipulating any protection device or security system that was installed on the pages owned by METRICOOL SOFTWARE.

15.2. User-generated content:

With the acceptance of these terms and conditions, you grant METRICOOL SOFTWARE a license as broad as required by law, for the publication of the contributions you make in the different participation services established in Metricool or in the social media profiles of METRICOOL SOFTWARE.

It is absolutely forbidden for you to share or make any other type of use of legally protected content without being authorized to do so, both by the legislation relating to intellectual property, industrial property or by any other that, where appropriate, may be applicable.

METRICOOL SOFTWARE reserves the right to take appropriate legal actions in the event that you breach the foregoing.

METRICOOL SOFTWARE offers you the possibility to report any kind of violation of rights by any user or third party for the introduction of certain content on the Website, communicating said circumstance to METRICOOL SOFTWARE, by sending an email to the address of email indicated above.

16. Processing of personal data:

16.1. Data processing as Data Controller: The personal data that METRICOOL SOFTWARE process as Data Controller, will be in accordance with the provisions of the Privacy Policy published on the Website and to which we refer to avoid unnecessary repetitions.

METRICOOL SOFTWARE has designated a Data Protection Officer who can be contacted at the e-mail address [email protected].

Notwithstanding the foregoing, we inform you that METRICOOL SOFTWARE may analyze your behavior as an Administrator in the use of Metricool in order to improve and / or enhance the service, notify you of functionalities of the tool that improve your performance and / or detect needs in the platform.

You can object to this at any time, by email to the above-mentioned email addresses of customer service or the Data Protection Officer.

16.2. Data processing as Data Processor:

16.2.1. Purpose of the data process order:

By contracting Metricool’s services, METRICOOL SOFTWARE is authorized to process, on behalf of the Administrator, the personal data necessary to provide Metricool’s services, consisting in the management of accounts and advertising in social networks of the Brands indicated by the Administrator.

The treatment will consist in the possibility of accessing the information related to the contacts of the Brand/s managed by the Administrator in the different social networks connected to Metricool, as well as the personal data of third parties to whom the Administrator provides access to his/her account.

16.2.2. Identification of the affected information:

The affected information would be the following:

Contacts in the social network accounts of the Brand/s connected to Metricool: public user profile data, data provided in direct messages.

Third parties with access to the Administrator’s account: name and email.

16.2.3. Duration: Access to personal data that is the responsibility of the Administrator or of the Brands managed by him/her will occur as long as the contracting of Metricool services for that specific Brand is in force. At the end of the service for any reason, Metricool must delete the personal data collected through Metricool.

16.2.4. Obligations of METRICOOL SOFTWARE as Data Processor:

METRICOOL SOFTWARE and all its staff undertake to:

a. To use the personal data subject to process, or those collected by the Administrator through Metricool, solely and exclusively for the purpose of the hired service. In no case may they use the data for their own purposes of METRICOOL SOFTWARE.

b. Process the data in accordance with the instructions of the Administrator according to the functionalities offered by Metricool.

If METRICOOL SOFTWARE considers that any of the instructions violates the General Data Protection Regulation (GDPR) or any other provision on data protection of the European Union or Member States, it will immediately inform the Administrator.

c. Keep, in writing, a record of all categories of data process activities carried out on behalf of the Administrator, containing:

– The name and contact details of METRICOOL SOFTWARE and of each manager on whose behalf it acts.

– The categories of data process carried out on behalf of each person in charge.

– Where appropriate, transfers of personal data to a third country or international organization, including the identification of said third country or international organization and, in the case of transfers indicated in article 49 section 1, second paragraph of the GDPR, the documentation of adequate warranties.

– A general description of technical and organizational security measures related to:

i) Pseudonymization and encryption of personal data.

ii) The capacity to guarantee the permanent confidentiality, integrity, availability and resilience of the data process systems and services.

iii) The ability to restore availability and access to personal data quickly, in the event of a physical or technical incident.

iv) The process of regular verification, evaluation, and assessment of the effectiveness of technical and organizational measures to guarantee the security of the data process.

d. Do not communicate the data to third parties, unless you have the express authorization of the Administrator, in legally admissible cases.

METRICOOL SOFTWARE may communicate the data to other data processors of the same data controller, in accordance with the instructions of the Administrator. In this case, the Administrator shall identify, in advance and in writing, the entity to which the data must be communicated, the data to be communicated and the security measures to be applied in order to proceed with the communication.

If METRICOOL SOFTWARE must transfer personal data to a third country or to an international organization, by virtue of applicable Union or Member State law, it will inform the Administrator of this legal requirement in advance, unless such Law prohibits it for important reasons of public interest.

e. The Administrator expressly and generally authorizes METRICOOL SOFTWARE to subcontract to a third party (Sub-Data Processor) the performance of any data processing entrusted to it by reason of the hired services. METRICOOL SOFTWARE, in case of resorting to a Sub-Data Processor to carry out certain data process activities on behalf of the Administrator, will impose on him, by signing the corresponding data process order contract, the same obligations as those stipulated in this document, and in particular, the provision of sufficient guarantees of application of appropriate technical and organizational measures so that the data process is in accordance with the provisions of the GDPR. If the Sub-Data Processor fails to comply with its data protection obligations, METRICOOL SOFTWARE will remain fully responsible to the Administrator of the data process with regard to the fulfillment of the obligations of the Sub-Data Processor.

f. Maintain the duty of secrecy regarding the personal data to which you have had access by virtue of the provision of the service, even after its purpose ends.

g. Guarantee that the persons authorized to process personal data undertake, expressly and in writing, to respect confidentiality and to comply with the corresponding security measures, of which they must be duly informed.

h. Maintain available to the Administrator the documentation proving compliance with the obligation established in the previous section.

i. Guarantee the necessary training in the protection of personal data of the persons authorized to process personal data.

j. Assist the Administrator in the response to the exercise of the rights of access, rectification, deletion and opposition, limitation of data process, data portability, not to be the subject of automated individualized decisions (including the elaboration of profiles) when the affected persons exercise such rights.

k. METRICOOL SOFTWARE will notify the Administrator, without undue delay, and in any case before the maximum period of 72 hours by email, of the breaches of the security of the personal data in its charge of which it has knowledge, together with all the information relevant for the documentation and communication of the incident.

If it is available, at least the following information will be provided:

a) Description of the nature of the personal data security breach, including, when possible, the categories and approximate number of affected interested parties, and the categories and approximate number of affected personal data records.

b) The name and contact details of the data protection officer or other contact point where more information can be obtained.

c) Description of the possible consequences of the breach of the security of personal data.

d) Description of the measures adopted or proposed to remedy the breach of the security of personal data, including, if applicable, the measures adopted to mitigate the possible negative effects.

If it is not possible to provide the information simultaneously, and to the extent that it is not, the information will be provided gradually without undue delay.

 It is the responsibility of the Administrator to notify the data security breaches to the Data Protection Authority and to the interested parties, when it is probable that the breach poses a high risk to the rights and freedoms of natural persons.

l. Provide support to the Administrator in conducting prior consultations with the supervisory authority, when appropriate.

m. Make available to the Administrator all the information necessary to demonstrate compliance with their obligations, as well as to carry out the audits or inspections carried out by the Administrator, or another auditor authorized by him.

n. In any case, METRICOOL SOFTWARE will implement mechanisms to:

a) Guarantee the confidentiality, integrity, availability and permanent resilience of the data process systems and services.

b) Restore the availability and access to personal data quickly, in the event of a physical or technical incident.

c) Verify, evaluate, and assess, on a regular basis, the effectiveness of the technical and organizational measures implemented to guarantee the security of the data process.

d) Pseudonymize and encrypt personal data, if applicable.

o. Once the service has been completed, cease accessing the data and, if applicable, return to the Administrator, the personal data and supports where they appear, with the total erasure of the existing data on the computer equipment used by METRICOOL SOFTWARE. However, METRICOOL SOFTWARE may keep a copy, with the data duly blocked, while responsibilities may arise from the execution of the service.

16.2.5. Obligations of the Administrator:

Corresponds to the Administrator:

a. Make available to METRICOOL SOFTWARE the necessary data for the provision of the hired service.

b. It is the responsibility of the Administrator to facilitate the right to information at the time of collecting the data of the Brands.

c. Carry out, where appropriate, an evaluation of the impact on the protection of personal data of the processing operations to be carried out by METRICOOL SOFTWARE, as well as prior consultations with the corresponding control authority.

d. Ensure, previously and throughout the data process, compliance with the GDPR by METRICOOL SOFTWARE.

e. Supervise the data process, including the performance of inspections and audits.

16.2.6. Obtaining a copy of the Data Processing Agreement (DPA):

In the event that the Administrator wishes to obtain a signed copy of the Data Processing Agreement (DPA), he/she may request it by sending an e-mail to [email protected].

17. Outsourcing:

METRICOOL SOFTWARE may contract and/or subcontract with third parties everything it deems appropriate in relation to the performance by them of any or all activities necessary for the maintenance, updating, improvement or provision of services.

18. Modification of services:

METRICOOL SOFTWARE reserves the right to modify the services in order to adapt them: a) To the technical evolution of the market.

b) To any technical, functional, and operative improvement that allows an improvement in the provision of the same.

c) To the evolution of laws, regulations, and rules applicable to the provision of the Services and / or aspects related to them. Also, METRICOOL SOFTWARE reserves the right to modify unilaterally and without prior notice, the presentation, configuration, and operability of the service provided that such modification does not affect the functionality or Service commitments acquired or involve any increase in the agreed prices.

Notwithstanding the foregoing, METRICOOL SOFTWARE reserves the right to modify the functionalities of the Free Plan at any time.

19. Right of withdrawal:  

The Administrator has a withdrawal period of 15 calendar days from the date of the first contracting of any Metricool Plan. This right of withdrawal does not apply to automatic renewals.

Model withdrawal form.

(You can copy and paste the following form in an email and complete your data if you wish to withdraw from the contract):

To the attention of METRICOOL SOFTWARE, S.L., With registered office at c / Téllez, nº 12, Entreplanta H, 28007, Madrid- Spain, with NIF: B87527115. Contact E-Mail: [email protected].

I hereby inform you I withdraw from the contracting of Metricool services that was made on ___ / ___ / 20__.

Name and surname of the Administrator: ________________________________

E-mail of the Administrator: ________________________________________

Date of the communication of the withdrawal: ___ / ___ / 20__

In case of withdrawal exercised and communicated and once such communication is received, METRICOOL SOFTWARE will proceed to refund the amounts paid on the occasion of the subscription of the service without any undue delay.

20. Applicable legislation and competent jurisdiction:

The present terms and conditions will be governed by Spanish Law, although the choice of law does not prevent invoking the protection offered by the mandatory provisions of the law of the habitual residence in the case of being a consumer or user, although Metricool is addressed to companies and/or professionals that contract it for a purpose related to their commercial activity, business, trade, or profession.

Any divergence and/or disagreement with respect to what is established in the present conditions will be submitted to the Courts and Tribunals of Madrid.

In the unlikely event that the Administrator may be considered a consumer or user in accordance with the regulations for the defense of consumers and users, the courts and tribunals of his/her domicile shall have jurisdiction.

Updated December 13, 2024