Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Munk Media influencer-marketing platform (the “Platform”) operated by Munk Media B.V.(“Munk Media”, “we”, “us”). By accessing or using the Platform, you agree to these Terms.

Where you act on behalf of a company (your “Tenant”) you represent that you are authorised to bind that company. The commercial terms (pricing, term, deliverables) of the Platform are set out in a separate master services agreement between Munk Media and your Tenant; these Terms supplement that agreement. If there is a conflict between these Terms and the master services agreement, the master services agreement controls.

• Tenant — a business client of Munk Media that has signed a master services agreement and operates a workspace on the Platform.
• Tenant User — a person granted access to a Tenant’s workspace (e.g. a brand manager, agency operator).
• Influencer — a creator who connects their social-media account(s) to a Tenant’s workspace through the Platform.
• Platform Data — data ingested from Meta (Instagram) and TikTok via their official APIs under the relevant platform terms.
• Tenant Content — data, files, and metadata uploaded or generated by the Tenant or its Tenant Users in the Platform.
• Documentation — the user-facing documentation and help materials we publish for the Platform.

The Platform is provided by invitation only. A Tenant administrator provisions accounts for the Tenant’s users. You must keep your credentials confidential and notify us immediately if you suspect unauthorised access. Each account is for a single named individual; credential sharing is not permitted.

We may verify identity at any point and may suspend accounts pending verification.

You agree not to, and not to permit any third party to:

• Use the Platform to violate any applicable law, regulation, or third-party right;
• Use the Platform to send unsolicited communications or to engage in deceptive marketing practices;
• Reverse-engineer, decompile, or attempt to derive the source code of the Platform;
• Probe, scan, or test the vulnerability of the Platform, except under a written authorisation from us;
• Interfere with or disrupt the integrity or performance of the Platform or the data contained therein;
• Attempt to gain unauthorised access to the Platform or related systems or networks;
• Use the Platform to scrape or harvest personal data outside the scope of authorised platform integrations;
• Resell, sublicense, or commercially distribute the Platform or its data outputs except as permitted by the master services agreement;
• Upload or transmit malware, viruses, or other harmful code.

The Platform allows Influencers to connect Instagram and TikTok accounts via the respective platform’s OAuth flow. By connecting an account, the Influencer authorises the Tenant (and Munk Media as its processor) to read the data permitted by the granted OAuth scopes, for the campaign-management purposes described in our Privacy Policy.

Influencers may revoke a connection at any time from their Munk Media account or directly from the source platform (Instagram or TikTok settings). Revocation causes immediate erasure of OAuth tokens and purging of non-aggregated derived data within 30 days.

As between the parties, the Tenant owns the Tenant Content. The Tenant grants Munk Media a worldwide, non-exclusive, royalty-free licence to host, process, transmit, display, and create derivative works of the Tenant Content solely as necessary to provide the Platform to the Tenant.

Aggregated and de-identified data (i.e. data that cannot reasonably be linked back to an identifiable individual) may be used by Munk Media for service improvement and operational benchmarking, in line with the Privacy Policy.

Platform Data (data ingested from Meta and TikTok) is subject to the additional terms in Sections 16 and 17.

We engage the sub-processors listed in our Privacy Policy, Section 4 to deliver the Platform. We remain responsible for the acts and omissions of our sub-processors in respect of Tenant Content. We will give Tenant administrators reasonable notice before engaging a new sub-processor; objections may be raised within 30 days.

The Platform, including all software, documentation, designs, and trademarks (collectively the “Munk Materials”), is owned by Munk Media or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform during the contract term.

Feedback, suggestions, and ideas you provide about the Platform are provided non-confidentially and Munk Media may use them without restriction.

Each party may receive non-public information of the other party (“Confidential Information”). Confidential Information must be protected with the same degree of care as the receiving party uses for its own confidential information, and at least reasonable care. Confidential Information may be disclosed only on a need-to-know basis to employees and contractors bound by confidentiality obligations.

Fees, billing cadence, and payment terms are set out in the master services agreement between Munk Media and your Tenant. The Platform itself does not collect payment instruments from Tenant Users at the time of sign-in.

We use commercially reasonable efforts to keep the Platform available. Specific availability targets (if any) are set in the master services agreement. Scheduled maintenance windows may apply; we will give Tenant administrators reasonable notice.

We may modify the Platform from time to time. We will not make changes that materially reduce the Platform’s core functionality without reasonable advance notice.

We may suspend or terminate your access to the Platform if (a) you materially breach these Terms and fail to cure within 30 days of notice; (b) we are required to do so by law; or (c) we reasonably believe your use poses a security risk to the Platform or to other users.

On termination, your right to access the Platform ends and we will delete or anonymise your data according to the retention windows in the Privacy Policy, unless we are required to retain it by law.

We warrant that we will provide the Platform with reasonable skill and care. Otherwise, the Platform is provided “as-is” and “as-available”. To the maximum extent permitted by law we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the Platform will be uninterrupted, error-free, or that all errors will be corrected. The Platform may rely on third-party services (e.g. Meta and TikTok APIs) whose availability is outside our control.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of or in connection with these Terms or the Platform, even if advised of the possibility of such damages.

Each party’s aggregate liability arising out of or in connection with these Terms shall not exceed the fees paid or payable by the Tenant to Munk Media in the 12 months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (e.g. liability for death or personal injury caused by negligence, or fraud).

You will defend, indemnify, and hold harmless Munk Media against any third-party claim arising out of (a) your or a Tenant User’s breach of these Terms; (b) Tenant Content infringing the rights of a third party; or (c) your violation of applicable law.

Use of the Platform in connection with Meta’s services (including Instagram) is subject to the Meta Platform Terms, Meta Developer Policies, and any other terms applicable to the relevant Meta APIs. Munk Media adheres to these terms; tenants and influencers are responsible for their own compliance with any Meta policies that apply to their content and conduct on Meta’s services.

We do not transfer Meta-derived data to any data broker; we do not use Meta-derived data for credit, employment, insurance, or housing decisions; we do not use Meta-derived data to build advertising profiles outside the connected tenant’s campaign analytics.

Use of the Platform in connection with TikTok’s services is subject to the TikTok Developer Terms of Service and any other terms applicable to the TikTok APIs. Munk Media adheres to these terms; tenants and influencers are responsible for their own compliance with any TikTok policies that apply to their content and conduct on TikTok’s services.

These Terms are governed by the laws of the Netherlands, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the competent courts of Amsterdam, the Netherlands for any dispute arising out of or in connection with these Terms, subject to mandatory consumer protections that may grant a different forum.

We may update these Terms from time to time. The “Last updated” date at the top reflects the most recent revision. Material changes will be communicated to Tenant administrators by email at least 30 days before they take effect; continued use of the Platform after that period constitutes acceptance.

Munk Media B.V.
[CONFIRM: registered office address, Amsterdam, the Netherlands]
Legal: [CONFIRM: legal@munkmedia.app]