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 to different functionalities and/or services depending on the contracted Plan and provided 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.
Customer: professional or company (Community Managers, Social Media Managers, advertising agencies or digital marketing, etc.) that manages third-party accounts on social networks or their own accounts on social networks using Metricool for a purpose related to their 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 Customer or by any individual or legal entity that hires the services of the Customer for the management of their 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.
The Customer can contact METRICOOL SOFTWARE directly and effectively at the email address: [email protected].
If any user contracts the services of Metricool, they will have the status of Customer of the Brands that they manage through Metricool (hereinafter, Customer), and with the acceptance of these Terms and Conditions, they declare that they have read and understood their content, are of legal age, with the capacity to bind themselves in accordance with the provisions herein, in their own name and right or on behalf and representation of any natural person or legally constituted legal person with the will to contract Metricool for a purpose related to a commercial activity, business, trade or professional activity.
Certain aspects of the service may be subject to specific conditions, which, depending on the case, will replace, complete and/or modify these terms and conditions. In case of contradiction, those particular conditions shall prevail over the present terms and conditions.
1.2. Declarations of the parties to the contracting of the parties
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 Customer is non-transferable and for use on any Apple-branded product the Customer 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. Customer 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 Customer 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 Customer or third parties relating to the Metricool application or Customer’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 Customer 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 Customer 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 they 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 they are 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 Customer 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 Customer must comply with the contractual terms and conditions of any third party, if any, contracted by the Customer 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 Customer 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 matter
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 Customer, 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 Free Plan includes management of 1 brand and 1 website/blog. The Starter 5 Mobile Plan allows customers to purchase management services for up to 5 websites/blogs.
2.2. Planner Service
Metricool’s Planner Service allows the Customer 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 the Customer contracts 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 Customer 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 Customer 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 Customer will not be able to make any postings.
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 that the Customer manages 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 Customer as long as the corresponding social network allows it.
Library of publications: functionality available exclusively for Payment Plans allows the Customer to save publications for reuse at a later time or to generate content templates with a limit established for the corresponding Plan.
Image and Video Bank: access to the Pexels royalty-free image bank that the Customer 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 Customer 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 and Instagram (connecting Meta Ads) to insert advertising in a post.
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).
AI Alt Text Generator: automatically generates alternative text (alt text) for images. Unlimited en Advanced/Custom; with credits IA in Free/Starter Plan.
2.3. Analytics Service
With Metricool’s Analytics Service the Customer will be able to have access to:
Metrics Storage: storage of metrics for the managed Brand(s) over a specific period, as outlined in the subscribed Plan. When the Customer connects a new social media account to Metricool, the data that each social media platform provides via its API is retrieved starting from the moment of connection and, in some cases, from the two preceding months.
Metricool will not display obsolete metrics. An obsolete metric is defined as any information that a social media platform’s API no longer provides to Metricool.
Reels & Stories Analytics: available exclusively on Instagram and Facebook.
Competitor analysis on Facebook, Instagram, Twitch and Bluesky: to analyze a certain number of competitors according to the contracted Plan.
Competitor analysis on YouTube: available only for paid plans, for the analysis of a specific number of competitors according to the contracted Plan.
Competitor analysis on X: conditioned to the contracting of the X Add-on for each X account and for a determined number of competitors, only the relevant profile data (followers, followers and tweets and the evolution of followers) is available.
Twitter/X Analytics: obtain data about the activity in X. This functionality, available only for paid Plans, is conditioned to the contracting of the X Add-on for each X account and depending on the contracted Plan it can be Reduced or Full.
The Reduced functionality applies to the Starter Plan and does not include: best X hours in the scheduler, tweet graph, interactions, tweet type, competitor tweets, competitor posts list and competitor posts details.
Web/blog real-time analytics: obtaining data from the website(s)/blog(s) connected by the Customer 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 Customer in the Instagram publications made by them.
2.4. Reports Service
Available for Payment Plans only. With Metricool’s Reports Service the Customer 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.
2.5. Inbox and message management Service
With Metricool’s Inbox and message management service, the Customer will be able to moderate in the accounts of the Brand/s they manage:
– Facebook: comments and private messages.
– Instagram: comments and private messages (main inbox).
– TikTok: comments (only available in business accounts)
– X (Twitter): private messages (conditioned to the contracting of the X Add-on for each account of X).
– LinkedIn: comments (only available in company profiles).
– Google Business Profile: reviews.
– YouTube: comments on long and short videos.
2.6. SmartLinks Service
Available for payment plans only.
With Metricool’s SmartLinks service, the Customer will be able to establish a determined number of links with access to a “mini landing” with information and outgoing links to where the Customer chooses with analytics, personalized appearance, 6 premium themes, sections, with the ability to upload a featured image, images or icons and buttons.
2.7. Teams & Integration Service
With Metricool’s Teams and Integrations service, the Customer will be able to use, depending on the Plan contracted, the following functionalities:
Integration of other platforms and services: Metricool offers the Customer the possibility to connect their account with third-party platforms and services, in order to facilitate the planning, publishing, analysis, and automation of content.
Access to, operation and maintenance of third-party platforms and services depend exclusively on their owners and operators. Therefore, METRICOOL SOFTWARE does not guarantee the continuity, availability or correct functioning of such platforms and/or services. Consequently, the validity of these integrations is expressly conditional upon the owners of each platform maintaining the necessary permissions and authorizations to allow interoperability with METRICOOL SOFTWARE, and METRICOOL SOFTWARE shall not be liable in the event that such permissions are revoked, modified or suspended by third parties.
The use of third-party platforms and services may require the Customer to accept the applicable terms of service and privacy policies of each platform, and the Customer shall be solely responsible for reviewing and complying with the conditions established by the owners of the external services connected.
2.8. AI Services
2.8.1. Scope
Metricool offers generative AI features to assist with social content creation and optimization, including AI Social Media Assistant and AI Alt Text Generator, as described in these T&C (including the AI credit system: 1 credit ≈ ~600 words counting input + output).
Metricool’s AI features generate text only (e.g., post copy suggestions, CTAs, hashtags, and alt text).
2.8.2. AI providers
Metricool may rely on third-party AI providers and may replace them at any time. Metricool does not require training rights on Customer inputs/outputs and configures/obtains contractual commitments so that such providers do not use Customer content to train their models.
2.8.3. Definitions
“Input(s)” means the text, instructions, parameters and, where applicable, metadata or assets entered by the Customer into Metricool’s AI features.
“Output(s)” means the content generated by AI from the Inputs. “Customer Content” includes Inputs, Outputs and any other content or data processed by the Customer via Metricool.
2.8.4. Ownership and license
Outputs are owned by the Customer, without prejudice to third-party rights and platform policies. The Customer grants Metricool a limited, non-exclusive, royalty-free license to host, process, transmit and display Inputs and Outputs solely to provide the contracted services and for the term thereof.
2.8.5. Permitted use, human review and accuracy
The Customer acknowledges that AI systems may produce inaccurate, outdated, incomplete or biased results and therefore must review all Outputs prior to any external use, remaining ultimately responsible for published content. These human review obligations align with the internal AI permitted-use guidance (e.g., drafting/rephrasing with human validation).
2.8.6. Content and data restrictions
a) The Customer will not input personal data unless it has a valid legal basis and complies with applicable law; it will not input special categories of data (Art. 9 GDPR) or highly sensitive data, nor third-party trade secrets/confidential information.
b) The AI Services must not be used for automated high-risk decisions affecting individuals (e.g., recruitment/employment decisions), nor to generate or disseminate unlawful, defamatory, discriminatory or infringing content.
c) The Customer represents it holds necessary rights in the Inputs and that exploitation of Outputs will not infringe third-party rights (including IP and publicity rights) and assumes responsibility for their use.
2.8.7. Privacy and data processing
Metricool’s AI services do not process personal data, unless the Customer consciously enters personal data when using these tools.
2.8.8. Credits, limits and fair use
Use of AI Social Media Assistant is subject to credits per brand/month.
AI Alt Text Generator is unlimited under Advanced/Custom plans and consumes credits under Free/Starter. Metricool may monitor and rate-limit usage to preserve service quality and prevent abuse, consistently with other usage limits in these T&C.
2.8.9. MetriLAB AI (MCP) and third-party connections
If the Customer connects external models via MetriLAB AI (MCP), it acknowledges that access, operation and conditions of those services depend on their respective owners, and their terms and policies apply. Metricool does not guarantee continuity or correct functioning and will not be liable for any changes, restrictions or deprecations imposed by third parties.
2.8.10. Disclaimers and liability.
Outputs are provided “as is”, without warranties of error-free performance, fitness for a particular purpose or non-infringement, without prejudice to non-waivable statutory warranties.
METRICOOL SOFTWARE may suspend or withdraw access to the AI Services for breaches of this Clause, this T&C or for security risks, notifying the Customer when reasonably possible.
3. Metricool services contracting procedure
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 Customer’s 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 a Customer.
3.1. Register as Customer
To proceed with the registration, the Customer must click on the button “SIGN UP HERE” and provide their data through any of the following options:
a) Register with email:
METRICOOL SOFTWARE will ask for Customer’s email and a password that will be stored encrypted and will be their access credentials to Metricool. METRICOOL SOFTWARE will send an email to the address provided in order to verify it and thus, be able to access Metricool.
b) Register through social logins:
The Customer can register using their account on the social network whose social login is active in Metricool for this purpose. In that case, the corresponding social network will provide METRICOOL SOFTWARE with Customer’s email, their profile picture, and their name with a Unique Identifier associated with the Customer profile in Metricool.
To do this, the Customer must log into that social network and accept the permissions that they 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 provide the hired service.
Examples of such permissions are: managing ads, accessing ads and their statistics, managing their account, accessing their profile and the publications they make, managing comments, accessing direct messages, accessing statistics, creating and managing content, etc.
Permissions may vary depending on the social network with which the Customer registers through the corresponding social login.
METRICOOL SOFTWARE 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 the Customer must read and, in case they agree, accept them by checking the box established for this purpose.
After a successful registration, the Customer will be able to access Metricool free services.
In order to hire Metricool paid services, METRICOOL SOFTWARE will ask for Customer’s billing information and payment method.
3.1.1. Veracity of the data provided
As a Metricool user who has requested their registration, the Customer is 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 registration.
If the Customer detects an error in the data provided, they must proceed to correct it, as soon as possible, through their 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, the Customer must be diligent in its use and conservation, so that the use by unauthorized third parties is not possible. Consequently, the Customer is obliged to notify METRICOOL SOFTWARE immediately of the loss of their access credentials as well as any danger or breach of their confidentiality. Otherwise, the Customer must assume responsibility for any damage or harm caused by verified accesses through their user credentials.
In the event that the Customer does not remember their password, they can enter their email to reset a new password.
If the Customer does not remember the email address that they provided when they signed up for the service, they should contact METRICOOL SOFTWARE at the indicated email address, communicating the incident. METRICOOL SOFTWARE will contact the Customer 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 the Customer 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 Customer 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 verified the registration as a Customer, they must follow the following steps:
In the Customer account in the Metricool App, the Customer 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 the Customer must click on “Buy” and proceed to payment.
Once the Customer has successfully completed the Starter 5 Mobile Plan contracting process, they 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 the Customer 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, METRICOOL SOFTWARE will inform the Customer 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 the Customer 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 with the App Store by the Customer being the first one at the moment of the contracting and the following ones on the same day of the successive months.
3.3.1. Gross Up Clause (Local Taxes)
In the event that, pursuant to the tax laws applicable in the Customer’s jurisdiction, any payments for the Services are subject to withholding taxes, levies, or other local charges (excluding VAT or other indirect taxes that must be charged in accordance with applicable law), the Customer shall bear and pay such amounts in full.
The Customer guarantees that METRICOOL SOFTWARE shall receive, in all cases, the full net amount corresponding to the price of the Services, free and clear of any deductions or withholdings. To this end, the Customer shall make such additional payments as may be necessary to ensure that METRICOOL SOFTWARE receives the full net amount.
The Customer further undertakes to provide METRICOOL SOFTWARE with official receipts or certificates evidencing any taxes or withholdings paid to the relevant tax authorities.
The Customer shall be solely responsible for complying with its tax obligations in its jurisdiction, including the declaration and payment of any applicable taxes, to the extent permitted by applicable law.
3.4. Change of paid subscription Plan
The Customer may change their Plan in accordance with the provisions of this section:
If the Customer changes from a free plan (free) to the Starter 5 Mobile Plan, the billing cycle will begin to be computed from the date on which the Customer contracts the Starter 5 Mobile Plan.
If the Customer wants to change from the Starter 5 Mobile Plan to the Free payment plan, they 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 Customer’s payment method.
There are no refunds for ongoing Starter 5 Mobile Plan billing cycles.
3.5. Customer account in Metricool
Through the Metricool Customer account, the Customer will have access to the services of the contracted Plan, and they will also be able to manage their account.
3.6. Duration and termination of the service
The Customer will be able to maintain their Customer 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, the Customer will have access to Metricool services as long as they are up to date in the payment of the price and during the monthly term.The service contract will be automatically extended for the same period as the previous contract, unless the Customer informs METRICOOL SOFTWARE of their intention not to renew it before the end date of the current Contract Cycle. If the Customer requests the cancellation of the contracted Plan, they will be able to continue using the service until the end of the monthly period the Customer has contracted, without being charged the amount corresponding to the following period.
If the Customer wishes, they can delete their Customer account through their Metricool profile. This action will permanently delete their 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 the Customer have granted to Metricool through each social network must be withdrawn in each of those social networks.
3.7. Billing
The Customer shall arrange to obtain the corresponding invoice from Apple.
4. Denial of access to the service
METRICOOL SOFTWARE may deny 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 the Customer 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 the Customer, or through the Metricool Customer account or messages on the platform itself.
5. Promotions and Trial Codes
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.
If, as a result of any Metricool promotion, the Customer has a Trial Code that allows them to access a trial period of a Metricool payment plan, once the trial period has expired, the price of the corresponding payment plan will be automatically charged to the payment method provided, unless the Customer cancels it before the end of the trial period.
6. Other terms of service
6.1. Software use license
When contracting the services of Metricool, METRICOOL SOFTWARE grants the Customer a non-exclusive, temporary license, for the territory in which they 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 the Customer 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 Customer will be responsible for any inappropriate use made by them, as well as for the inappropriate use of any third party to whom they give access to their account.
6.3. User participation
In the event that through Metricool Customer’s 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.
6.5. Force Majeure
Force majeure is in any case (but not exclusively) understood to mean: malfunctions or failures of Internet, data, network, electricity and telecommunication infrastructure and facilities, widespread cyber-attacks, cybercrime, network attacks, DDoS attacks, power failures, defectiveness of goods or software of which the Customer has prescribed the use to Metricool, any act of God, lightening or fire, domestic disturbances, government measures, mobilization, war, terrorist attacks, obstruction in transport, strike, lockout, business disruptions, stagnation in supplies, unavailability of one or more staff members (due to illness, epidemics, pandemics, import and export barriers).
The party suffering the event of force majeure shall not be deemed to be in breach of this agreement T&C or otherwise liable to the other party for any delay in performance or any non-performance of any obligations under this agreement T&C (and the time for performance shall be extended accordingly) if and to the extent that the delay or non-performance is due to an event of force majeure.
This clause does not extend to the obligation to pay any amounts due and owing.
If the event of force majeure prevails for a continuous period in excess of one (1) month after the date on which it began, the other party may give notice to the party suffering the event of force majeure terminating this agreement. The notice to terminate must specify the termination date, which must not be less than seven (7) days after the date on which the notice to terminate is given. Once a notice to terminate has been validly given, this agreement will terminate on the termination date set out in the notice.
6.6. Acceptable Use
Any use of the Network and/or the Services that violates the provisions set forth in this Agreement, or that reasonably gives rise to suspicion of such violation by the Customer and/or its Users, shall be deemed an unacceptable use. Any unauthorized use shall constitute a material breach of this Agreement.
The Customer undertakes not to use, nor permit any third party to use, the Services to store, process, transmit, or distribute any data or content that:
a) contains or distributes malicious code, including but not limited to viruses, malware, or any other harmful or disruptive software;
b) infringes or misappropriates the rights of any third party, including intellectual property rights, or is unlawful, defamatory, threatening, abusive, discriminatory, hateful, or otherwise objectionable;
c) promotes, incites, or facilitates illegal or fraudulent activities;
d) includes hyperlinks, torrents, or references to repositories or sources of content that infringe intellectual property rights;
e) contains, distributes, or facilitates access to illegal pornographic material, including content intended to assist others in locating such material;
f) violates the privacy rights of third parties, including but not limited to the unlawful processing of personal data without a valid legal basis;
g) consists of or includes unsolicited, unauthorized, or unlawful advertising, promotional materials, spam, or any form of bulk or junk communications;
h) interferes with, disrupts, or degrades the use of the Services by other customers or third parties, or causes harm to the systems or networks of the Supplier or any third party.
Furthermore, the Customer shall not initiate or execute any processes or programs that it knows, or reasonably should know, may interfere with, damage, or disrupt the systems, networks, or services of the Supplier or any third party.
6.7. Prohibited Services
The Services may be subject to export controls of the EU and/or countries in the European Free Trade Association (“EFTA”) (collectively “Embargo Imposing Countries” – EIC-).
The Customer acknowledges and agrees that the Service might be subject to export controls of the EIC.
If the Customer or the end client uses access to the service in contravention of the rules set forth by the EIC, the Customer shall be solely and exclusively responsible.
The Customer undertakes to be fully compliant with the applicable laws, including without limitation the export and import regulations set by EIC.
METRICOOL SOFTWARE may immediately terminate the agreement by notice in writing, if the Customer or any of its affiliates, employees, contract employees, directors and/or agents breach anyhow their obligation to comply with the re-export prohibition to the Embargoed Countries, as well as the applicable export control laws of the EIC.
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: a natural or legal person who, as a registered user of Metricool (on either the free or paid plan), participates in the Affiliate Program in accordance with these terms and conditions.
– Referred Customer: new Metricool customer who contracts a payment plan through the AFFILIATE’s Affiliation Link and who is not already a Metricool Plan Customer.
– Support(s): any digital medium or platform (websites, blogs, social media, newsletters, or others) over which the AFFILIATE holds ownership rights or legitimate rights of use and through which the Affiliate Link is shared.
– Affiliation Link: link provided by METRICOOL SOFTWARE that the AFFILIATE can place in their 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.
– Click: action of clicking on a link or interface.
7.2. Participation in the Affiliation Program
The Customer 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 requirements to be able to participate in the Affiliation Program are that the AFFILIATE:
a) 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.
b) Comply with the necessary legal requirements to be able to develop an economic activity of income from affiliation.
c) Complete the registration process on the Zexel platform (https://zexel.io/) to manage billing and payment of the applicable commissions.
d) Use legitimate methods. The use of deceptive, fraudulent, or illegal practices is expressly prohibited, including, but not limited to, the artificial or unauthorized generation of traffic, unsolicited bulk messaging (spam), cookie stuffing or manipulation of cookies, identity theft, misleading advertising, unauthorized incentives for sign-ups (including unapproved cashback systems, rewards, or discounts), bidding on Metricool brand terms or distinctive signs or similar terms in online advertising services, or any form of promotion that may mislead users or harm the image, reputation, or interests of METRICOOL SOFTWARE.
e) Comply with the provisions of these Metricool Affiliate Program Terms and Conditions, as well as the terms and conditions of the Zexel platform (https://zexel.io/).
The AFFILIATE will have access to their Affiliation Link through their Metricool Customer account.
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. Under no circumstances shall it be understood that there is an employment, agency, representation, joint venture, or partnership relationship, nor that the AFFILIATE is authorized to act on behalf of or for Metricool.
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 their 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.
7.4. Service management
The AFFILIATE can only use the Affiliate Link provided by METRICOOL SOFTWARE to be deployed exclusively in their Support/s.The AFFILIATE will be able to track his/her activity as such through the “Affiliation Program” section of his/her Metricool Customer account.
7.5. Commissions, accrual, and payment method
7.5.1. Commission
METRICOOL SOFTWARE will remunerate the AFFILIATE a Commission equal to the amount resulting from applying a percentage to the spending of each Referred Customer who meets all commission eligibility requirements, up to a maximum amount, in accordance with the following table:
| % of spending by each Referred Customer | Maximum Commission Limit per Referred Customer eligible for commission | |
| Tier 1 | 25% | Up to 100.00 USD |
| Tier 2 | 50% | Up to 300.00 USD |
The Tier 1 percentage and maximum limit will apply by default.
The Tier 2 percentage and maximum limit will apply once the AFFILIATE reaches 200 Referred Customers and will remain in effect for one year. If, at the end of that year, the AFFILIATE has acquired at least 100 additional Referred Customers during that period, Tier 2 will be renewed for another year. Otherwise, Tier 1 will apply again.
To the Commission will be applied the taxes and fiscal retentions that, in its case, legally correspond.
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 their 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 Customer must have maintained the contracting of the Metricool Payment Plan for a period of 30 days from the date of contracting.
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 cookie will be installed in their device for a period of 30 calendar days. If the user creates their 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 200.00 has been reached, the AFFILIATE may request, through the Zexel Platform (https://zexel.io/), that payment of the accrued Commissions be processed. Except in cases of termination of the Program or termination of the relationship in accordance with these terms, this threshold is a necessary requirement for payment.
Commissions will be calculated based on amounts actually collected by METRICOOL SOFTWARE, excluding indirect taxes, refunds, cancellations, non-payments, or fraud.
For the payment of Commissions, the AFFILIATE must comply at all times with the terms and conditions of the Zexel platform, issuing invoices and providing the relevant certificates and documents as required. Otherwise, payment may not be made, or applicable tax withholdings may be applied.
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.
i) A member will also lose their status as an AFFILIATE if they have previously collaborated with METRICOOL SOFTWARE by creating content and replace the links from that prior collaboration with the Affiliate Link.
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, they 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.
In addition, any outstanding fees will be charged, regardless of the amount, provided that the termination is due to a breach by the AFFILIATE.
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 the Customer 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
The Customer can access https://help.metricool.com/en/ for information on how METRICOOL can help them.Notwithstanding the above, METRICOOL SOFTWARE’s customer support team can assist the Customer 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 the Customer, 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 the Customer 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 Customer
12.1. Rights
The Customer will have the right to use the services contracted in the agreed terms and conditions.
12.2. Obligations
By contracting the services of Metricool the Customer 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
Unless in these conditions or in the applicable legislation the contrary is expressly imposed and, exclusively, to the extent in which it is imposed, METRICOOL SOFTWARE will only be liable for any direct damages suffered, and only when they have been caused by causes attributable to METRICOOL SOFTWARE.
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 Customer’s physical (Hardware) and logical (software) systems or to the files or documents stored in them, as a consequence of the presence of viruses on Customer’s device or of a malfunction or use of an outdated version of Customer’s browser.
– For Customer’s legal obligations for the development of Customer’s activity as an account manager in social networks.
– Due to the lack of veracity, accuracy and/or validity of the data that the Customer provides METRICOOL SOFTWARE, nor of the consequences derived from the contractual relationship between The Customer and the clients whose accounts they manage on social networks using Metricool.
– For actions or omissions directly attributable to the Customer or to third parties that depend directly on the Customer.
– Due to the fact that the service does not meet Customer’s expectations or does not meet their needs, due to capital gains or losses in their activity, as it is their responsibility to assess whether Metricool is useful for their purposes before hiring it.
– For the breach of the obligations that concern the Customer.
– For the errors in which the Customer incurs in the use of Metricool in their 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 Customer and the Brands they manage.
14.3. Liability restriction
To the fullest extent permitted by law, METRICOOL SOFTWARE shall only be liable for direct damages actually incurred and duly evidenced by the Customer and arising from a proven breach of these Terms and Conditions. In all cases, METRICOOL SOFTWARE’s total aggregate liability for any and all claims, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the aggregate amount actually paid by the Customer to METRICOOL SOFTWARE for the Services under the applicable Plan (and any paid Add‑ons) giving rise to the claim.
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 they have 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, The Customer undertakes 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, the Customer grants METRICOOL SOFTWARE a license as broad as required by law, for the publication of the contributions they make in the different participation services established in Metricool or in the social media profiles of METRICOOL SOFTWARE.
It is absolutely forbidden for the Customer 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 Customer breaches the foregoing.
METRICOOL SOFTWARE offers the Customer 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, METRICOOL SOFTWARE may analyze the Customer’s behavior in the use of Metricool in order to improve and / or enhance the service, notify them of functionalities of the tool that improve their performance and / or detect needs in the platform.
In addition, METRICOOL SOFTWARE may implement mechanisms to store information about the device from which the Customer connects, solely for security purposes, in order to detect fraudulent connections by unauthorized third parties.
The Customer 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 Customer, 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 Customer.
The processing will consist in the possibility of accessing the information related to the contacts of the Brand/s managed by the Customer in the different social networks connected to Metricool, as well as the personal data of third parties to whom the Customer provides access to their 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 Customer’s account: name and email.
16.2.3. Duration
Access to personal data that is the responsibility of the Customer or of the Brands managed by them 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 Customer 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 Customer 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 Customer
c. Keep, in writing, a record of all categories of data process activities carried out on behalf of the Customerr, containing:
– The name and contact details of METRICOOL SOFTWARE and of each manager on whose behalf it acts.
– The categories of data processing 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 expressly authorized by the Customer, 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 expressly authorized by the Customer. In this case, the expressly authorized by the Customer 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 expressly authorized by the Customer of this legal requirement in advance, unless such Law prohibits it for important reasons of public interest.
e. The expressly authorized by the Customer 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 expressly authorized by the Customer 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 expressly authorized by the Customer 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 METRICOOL SOFTWARE has 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 Customer 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 Customerr 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 Customer, 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 Customer 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 Customer in conducting prior consultations with the supervisory authority, when appropriate.
m. Make available to the Customer all the information necessary to demonstrate compliance with their obligations, as well as to carry out the audits or inspections carried out by the Customer, 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 Customer, 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 Customer
Corresponds to the Customer:
a. Make available to METRICOOL SOFTWARE the necessary data for the provision of the hired service.
b. It is the responsibility of the Customer 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 Customer 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 Customer 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.
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 Customer may be considered a consumer or user in accordance with the regulations for the defense of consumers and users, the courts and tribunals of their domicile shall have jurisdiction.
Updated on April 1st 2026