Metricool Terms and Conditions

Preamble: For the provisions of these Terms and Conditions, the following expressions will have the meaning detailed below:

Metricool: A tool for managing accounts and advertising campaigns on social networks, with access to different functionalities and/or services depending on the subscription plan hired and provided through the website https://metricool.com/ and/or the application of Metricool.

METRICOOL SOFTWARE: Metricool’s owner company which data is listed below.

Administrator: 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.

Brand: Natural or legal person who hires the services of the Administrator for the management of their accounts in social networks through Metricool.

 

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 Registry 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), and with the acceptance of these Terms and Conditions, you declare that you have read and understood their content, be of legal age, with the capacity to bind you in accordance with the provisions of these, in your own name and right or on behalf and representation of any legally constituted natural or legal person.

We inform you that certain aspects of the service may be subject to certain particular conditions, which, depending on the case, will replace, complete and/or modify these terms and conditions. In case of contradiction, these particular conditions will prevail over those present.

The Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (TRLGDCU), will be applied only to the Administrator who act for a purpose other than their commercial, business, trade or profession.

 

2. Subject of agreement

METRICOOL SOFTWARE offers through Metricool a tool for managing accounts and advertising campaigns on social networks.

Metricool’s services are offered with the freemium formula, consisting of offering a free basic service, while other more advanced or special services are subject to the payment of consideration.

The free plan and the different paid plans will provide you with access to the services indicated at https://metricool.com/pricing/

Depending on the plan subscription, you can have access, to all or some, of the following features:

– Manage a specific number of brands

– Assign members to your Brands management team.

– Connect a certain number of accounts for their management in the following social networks: Instagram, Facebook, Twitter, YouTube, Twitch, LinkedIn.

– Connect a certain number of Web / Blogs for its management.

– Connect a certain number of accounts in the following advertising services: Facebook Ads, Google Ads, TikTok Ads.

– Connect a certain number of Google My Business accounts for its management.

– Integrate the management of Google Data Studio.

– Report generation

– Use of customizable templates

– Download CSVs

– Get a link for the bio on Instagram that redirects to the content of your choice.

– API access

– Use the service as a white label, which allows your clients to individually access their profiles in order to consult their statistics (only available for the Enterprise Plan and the price must be agreed upon by subscribing to particular conditions).

– Unlimited metrics storage

– Post scheduler for a specific number of publications

– Best hours: an estimate of the best hours to publish on the social media accounts you manage (available for Twitter, Instagram and Facebook).

– Autolists: set of posts to automate the publication process. It allows programming publications manually, in bulk through a CSV file or through an RSS feed. 

– Analysis of a certain number of competitors on Facebook, Instagram, Twitter, Twitch or YouTube.

– Twitter Benchmark

– Inbox management of the social network accounts that you manage (Instagram, Facebook, Twitter, Google My Business).

– Facebook posts promotion.

– Real time Web / Blog.

– Ad management and creation for Google Ads and Facebook Ads.

The physical or digital evidence that proves the hiring of a certain subscription plan will form part of this contract as particular conditions.

3. Metricool servicies contracting process

Currently, the contracting process may be carried out in Spanish, English, and French.

METRICOOL SOFTWARE will not keep a copy of these conditions linked to the contract, so we recommend that you keep a copy of them, although METRICOOL SOFTWARE will send you a copy of the contract conditions in force at the time you subscribe to the services.

METRICOOL SOFTWARE does not have the technical means to identify and correct errors in the introduction of your data, except that it detects if any field necessary to process the request, is pending to be filled out.

In order to use Metricool’s services, it is an essential 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 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. Access to paid services: To access Metricool’s paid services, once you have verified your registration as an administrator, you must follow the following steps:

In your Administrator account, you must click on the “Become PREMIUM” button to access the list of paid subscriptions available as provided in the list of plans that you can find at: https://metricool.com/pricing/ then you must:

a) select the subscription plan that best suits your needs

b) select the billing cycle of the service (monthly or annual) which will be the period for which you contract the service.

c) select the country in which you are established and rest of billing information

d) select the payment method (credit/debit card or PayPal). The means of payment will be subject to checks and authorizations by the issuing entity, the subscription will not be activated if the said entity does not authorize the payment. You guarantee that you have full authorization to use the payment method in question during the contracting process of the paid subscription.

e) If you have a discount code for any promotion, you can enter it (discount codes are not cumulative)

f) Read the present contract conditions and if you agree, check the box established for this purpose 

g)click on the “UPGRADE” button.

Once the contracting process of the corresponding paid plan has been successfully completed, you will have access to the services associated with it.

3.3. Metricool services prices: The price of Metricool’s services are publicly displayed at https://metricool.com/pricing/. VAT must be added to these prices at the legal rate when applicable.

Prices may be modified upwards or downwards, depending on multiple causes. However, any modification of the prices will take effect from the date of their modification, not affecting the subscriptions activated with the price prior to the modification. 

The charge of the monthly or annual fee will be made through the payment method selected by the user during the contracting process, the first being at the time of contracting and the following on the same day of the following months.

3.4. Change of paid subscription plan: You can change your subscription plan at any time in accordance with the provisions of this section:

If you change from a free plan (free) to any paid plan, the billing cycle will start to run from the date you subscribe for the corresponding paid plan.

If you want to upgrade your paid plan, you will have to pay, at the time of subscribing to the higher plan, the amount of the corresponding billing cycle minus the proportional part of the price corresponding to the time not enjoyed on the lower plan.

If you want to downgrade your plan, you will continue to enjoy the higher plan until the end of the current billing cycle and at the beginning of the next billing cycle, the amount corresponding to the price of the lower plan will be charged to your payment method. Refunds are not made for current billing cycles, whether monthly or yearly. 

3.5. Administrator account in Metricool: Through your user account as Administrator in Metricool, you can manage the services that Metricool offers you, depending on the subscription plan you have subscribed. You can also manage your account through the “Account settings” section:

-Identification: you can modify or update your personal data and your credentials (email and password)

– Settings: you can select the language of the tool (English or Spanish), the time zone, whether or not you want to receive a monthly summary of your activity in Metricool on your email and the email address(es) where you want to receive the summary.

– Subscription: change subscription plan in the terms indicated above. Also, you will be able to modify the payment method where you want to be charged the next billing cycle at any time. 

– Invoices: you can enter or change the tax information for the issuance of the corresponding invoices.

– Delete account: you can request the deletion of your account in Metricool, which will remove all the information related to all the brands you manage, as well as your personal information. Metricool reserves the right to keep your data in accordance with the provisions of the Privacy Policy during the period for which responsibilities could be derived for the services provided (6 years in terms of accounting books, invoices, etc., according to article 30 of the Commercial Code; 5 years to exercise personal actions without a special term according to art. 1964 Civil Code; 4 years for tax obligations according to articles 66 et seq. Of the General Tax Law, etc.).

Through your Administrator account you can also sign up for the Metricool affiliate program in accordance with the provisions of section 7. “Metricool Affiliate Program Conditions” of the present document.

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 rest of Metricool’s paid plans, you will have access to their services as long as you are up to date with the payments during the contracted monthly or annual term. The contract will be automatically extended for the same period as the one previously subscribed.

You can cancel the paid subscription service at any time. You will be able to continue using the service until the end of the period you have contracted (monthly or yearly) and you will not be charged in the next billing cycle. 

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: METRICOOL SOFTWARE will issue the corresponding invoice detailing the Value Added Tax (VAT) and practicing the tax withholdings that, where appropriate, correspond according to the applicable local rate at all times, being necessary for this purpose that you provide your complete billing information.

You expressly consent to the issuance by METRICOOL SOFTWARE of the electronic invoice. The electronic invoice may be received by email. The user who is considered a consumer and user may revoke that consent by sending an email to that effect to the email address indicated above.

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 does not comply with the present Terms and Conditions and/or it is found that your activity puts the correct functioning of the service of other users at risk;

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 user, or through the Administrator user account in Metricool, justifying the reason for this.

 

5. Promotions

METRICOOL SOFTWARE will have the power to establish promotional campaigns for 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 will 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. 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.

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 withdraw all comments and / or content that violate the foregoing or that are not suitable for publication on the Platform.

 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 affiliate program conditions

7.1. Definitions: 

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

– AFFILIATE: Natural person over 18 years of age or legal person, legitimate owner of one or more websites, who wishes to attract new Metricool subscribers in accordance with the provisions of this section.

–  “Support(s)”: AFFILIATE website(s) that are affiliated with Metricool.

– “URL or Qualified Link”: link from the website of an AFFILIATE, which uniquely identifies the Support for its correct measurement of subscriptions, to the Metricool site using one of the qualified URLs or any other URL provided by Metricool for the Affiliate Program, if the last link that the client uses to reach the Metricool site is used during a “Session” where the client subscribes to the Platform.

–  “Session”: time between the entry of a user to the Metricool site via a link from the affiliate site and ends when the said user returns to the Metricool website through another website or the expiration period of the qualified link from the AFFILIATE site passes after 30 calendar days.

– “Affiliate Program”: set of services offered by Metricool to its affiliates, and that allows them to benefit from participating in said Network.

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

7.2. Application to join the program: You can request registration in the Affiliate Program through your administrator account in Metricool. Registration in the Affiliate Program is free and does not imply or oblige you to make extra investments. In the event of technical incompatibilities that force you to make an investment, this will be your sole responsibility. They are established as general criteria to accept your request for registration in the Affiliate Program that you possess the condition of a natural person of legal age or legal person and with full capacity to contract, being the holder of the rights over the Support/s or have authorization from the owner of this support for this purpose.

You will have access to qualified affiliate links in your administrator account.

7.3. Acceptance of the registration request: METRICOOL SOFTWARE reserves the right to deny registration in the Affiliate Program if you do not meet the necessary requirements for it or because it considers that your Support/s shows inappropriate content.

Metricool will assess your aptitude and that of your website with the sole purpose that the brand image is not harmed by the type of content or behavior of the website or its owners.

Nothing in this section will lead to or be construed to have led to a corporate relationship between the parties or to an employment relationship with METRICOOL SOFTWARE.

7.4. Service management: As an AFFILIATE, you will display in your Support(s), only those URLs to refer customers to the Metricool website, which are provided by Metricool. Submitting those qualified links by email is prohibited.

You can track your activity as an AFFILIATE through the Affiliates section of your client account.

7.5. Commissions, accrual and payment method:

Commission: It consists of an amount equivalent to 50% of the monthly expense made by new Metricool subscribers referred by you and up to a maximum of US $ 50 for each new subscriber. To the resulting amount as commission, the corresponding taxes and tax withholdings will be applied. For these purposes, a new Metricool subscriber is understood to be one who, having not contracted any service with Metricool previously, subscribes through any of the qualified links displayed in your Support.

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

a) The referred subscriber, as a new customer, must have contracted a paid subscription in Metricool through the qualified links provided by METRICOOL SOFTWARE.

b) When METRICOOL SOFTWARE has verified the payment for the new subscriber referred to by you as AFFILIATE, and the permanence as an active client for a period of 30 days from the date of subscription.

c) After issuing and sending the corresponding invoice to METRICOOL SOFTWARE.

In no case will any right be accrued to receive commissions for the subscription of a paid service by a user who had previously subscribed.

When a user accesses Metricool from the URL or qualified link, the user will install a cookie on their computer, persistent for a period of 30 days (tracking cookie), so if said user makes a contract within said period , without having deleted said cookie, as an AFFILIATE, you will have the right to accrue the commission. If the user deletes said cookie, you will not have the right to any commission, as it is impossible to detect that the contract is made through the qualified link.

On the other hand, and since all the qualified links of each AFFILIATE install this type of cookie, if a user clicks on the qualified link of an AFFILIATE, and later clicks on the qualified link of another different AFFILIATE, the tracking cookie of this last URL will replace the previous one (and so on), so if that user hires a service with Metricool, the owner of the last qualified link on which said user has clicked will earn the right to the commission.

It is understood that the tracking cookie is nothing more than a system to try to facilitate the work of the AFFILIATES, without any type of responsibility being requested from METRICOOL SOFTWARE in cases of this nature.

Commission payment method: once each and every one of the commission accrual requirements have been met, and as long as an accumulated amount for commissions of a minimum of US $ 100.00 has been reached, you can request that the payment of the accrued commissions is generated, which will be satisfied the month following the date on which the 30 days of permanence of the client referred to in the subscription have elapsed without having requested the cancellation of the same.

7.6. Validity and resolution: The affiliation contract will take effect from your application for registration as an AFFILIATE and obtaining the URL, link or qualified link.

Either party may terminate the contract with a 5-day notice, and the AFFILIATE, once the contract is finished, must withdraw from its Support/s any link of METRICOOL, and METRICOOL for its part, must regularize all payments that remain pending, thus ending any contractual obligation, without having anything else to claim by reason of the contract.

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 stipulated herein;

b) use of the identifying elements, distinctive signs or trademarks owned by METRICOOL SOFTWARE in advertising deliveries via the Internet or other advertising means or to pretend a commercial association beyond the mere affiliation contract;

c) the use of unauthorized techniques of mass advertising mailings (SPAM). Otherwise, the responsibility derived from the breach of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, corresponds exclusively to you as an AFFILIATE.

d) the inclusion of qualified links in emails.

e) The conclusion of operations or transactions by illegal or fraudulent means.

f) The use of the URL or qualified link for the contracting of services by the AFFILIATE, or for the creation of client accounts with the same personal data to receive self-commissions or with the personal data of blood relatives or by affinity until the second grade inclusive.

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

h) publish refunds, 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. As an AFFILIATE you can only use promotions provided through the Affiliate Program through banners and links.

7.8. Obligations of the AFFILIATE: as an AFFILIATE you agree to comply with all the obligations contained herein. It will be your sole responsibility to update your Support/s and its content. METRICOOL SOFTWARE will not be responsible for the breach of your legal obligations with respect to your Support/s website or the affiliation activity that you develop, including tax or Social Security obligations.

You agree not to modify the links and codes made available to you by METRICOOL SOFTWARE for the development of the service.

METRICOOL SOFTWARE will not be responsible for any errors in the installation of the links in your Support/s.

7.9. Contract modifications: METRICOOL SOFTWARE undertakes to notify any substantial modification to the affiliate contract with sufficient notice. If you show your disagreement or do not accept these modifications, you have the right to request the settlement and termination of the contract without any other type of claim.

7.10. Consequences of termination: Once the affiliation contract has ended for any reason, you will be totally disconnected from METRICOOL SOFTWARE, the use of logos and banners or any allusion to the brand, logos, anagrams, or any other element of industrial or intellectual property owned by METRICOOL SOFTWARE is expressly prohibited.

7.11. Other considerations: METRICOOL SOFTWARE does not guarantee the continuity of the Affiliate Program, so it may terminate it at any time by settling pending payments.

Each of the parties is responsible for the content and links that it includes on its website.

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

 

8. Availability of services

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.

You are informed that the provision of the service is subject to the malfunctions, anomalies, errors and interruptions of the computer applications. Consequently, METRICOOL SOFTWARE cannot guarantee that you will enjoy uninterrupted use of the services. In no case, METRICOOL SOFTWARE will be responsible for any damage or loss that you suffer as a result of the unavailability of the service and under no circumstances will it have to pay any compensation for any problem in relation to access to the service.

 

9. User Support

METRICOOL SOFTWARE will provide the user support service for resolution of incidents and administrative and commercial queries through the email address indicated above.

 

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.

In any other case, the modification of the contracting conditions will only take effect once communicated and duly accepted by the user. In the event that the USER is not satisfied with the modifications made, they may terminate the contract and cancel the service at any time.

 

11. Rights and obligations of METRICOOL SOFTWARE

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

– Receive the consideration that, where appropriate, corresponds for the services provided.

– Introduce changes or technological improvements in the services provided, as long as said improvements do not negatively affect you, or force you to increase the price of the service already contracted by you.

– 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: 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 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 relationship between the Administrator and the Brands it 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.

16.2. Data processing as Data Processor:

16.2.1. Purpose of the data process order: By hiring the services of Metricool, METRICOOL SOFTWARE is enabled to process on behalf of the Administrator, the personal data necessary to provide Metricool services, consisting of the management of accounts and advertising in social networks of the Trademarks indicated by the Administrator.

The data process will consist of the possibility of accessing the information related to the contacts of the Brand managed by the Administrator in the different social networks in which the Brand is registered using Metricool.

16.2.2. Identification of the affected information: For the execution of services, the Administrator makes available to METRICOOL SOFTWARE, the information related to the personal data of the contacts in their social media accounts of the Brands managed by the Administrator, by reason of the use of Metricool.

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) Pseudonymisation 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.

Notification will not be necessary when it is unlikely that said breach of security constitutes a risk to the rights and freedoms of natural persons.

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.

 

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 operational improvement that allows an improvement in the provision of the same; and (c) to the evolution of the laws, regulations and rules applicable to the provision of the Services and/or aspects related to them. Likewise, METRICOOL SOFTWARE reserves the right to unilaterally modify and without prior notice, the presentation, configuration and operation of the service as long as said modification does not affect the functionality or commitments of the Service acquired or entail any increase in the agreed prices.

 

19. Claims

Any claim related to the provision of the service will be attended to at the email address indicated above.

European online dispute resolution platform:  We inform you that if you are a consumer or user resident in the European Union, you also have the possibility of going to the ODR platform (Online Dispute Resolution) through the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Through this platform, complaints are allowed to be submitted through an electronic form available in all the languages ​​of the European Union, for all matters related to electronic commerce or the provision of services on the network, in accordance with the provisions of Regulation 524 / 2013 of the European Parliament and of the Council of May 21, 2013 and Directive 2013/11 / EU of the European Parliament and of the Council on alternative resolution of consumer disputes.

 

20. Right of withdrawal

20.1. Right of withdrawal:If you hold the status of consumer or user, in accordance with the provisions of consumer and/or user defense legislation, that is, that you contract the services of Metricool for a purpose other than your commercial, business, trade or profession, you will have a period of 15 calendar days from the date of subscription to the paid services to exercise your right of withdrawal.

If you do not hold the status of consumer or user, you have a withdrawal period for the hired services of 15 calendar days from the date of subscription to the paid services, as long as you have not made use of the hired services.

20.2. How to exercise the right of withdrawal: If you comply with the provisions of the previous section, to exercise the right of withdrawal, you must notify METRICOOL SOFTWARE of your decision in this regard through an unequivocal statement (for example, a communication sent by email or by post). To this end, you can use the withdrawal form model that appears below, although its use is not mandatory:

Model withdrawal form in accordance with the annex of the Law for the Defense of Consumers and Users of 2007

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

 

For 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 / we inform you that I / we withdraw from the subscription to Metricool services that was made on ___ / ___ / 20__.

Name and surname of the USER / S: ________________________________

Address of the USER / S: ________________________________________

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

20.3. Consequences of withdrawal: 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.

 

21. Applicable legislation and competent jurisdiction

These terms and conditions will be governed by Spanish law, although the choice of law does not prevent you from invoking the protection offered by the mandatory provisions of the Law of your habitual residence in the event that you hold the status of consumer or user.

The parties submit for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the domicile of the consumer or user.

In the event that you do not hold the status of consumer or user, METRICOOL SOFTWARE and you as Administrator submit to the Courts and Tribunals of Madrid.

 

Updated January 5, 2021