Terms and Conditions
These terms and conditions (the “Terms”) govern the use of the website stellar.io (the “Site”) and of the influencer marketing platform Stellar, including its modules (the “Platform”), operated by HeavenTech SA (hereinafter “Stellar”, “we” or “us”). They apply to all orders, offers, deliveries and services we provide.
By using the Site or the Platform, or by accepting our services, you agree to these Terms. Please read them carefully and keep a copy for your reference. Within an ongoing business relationship, these Terms also apply without being expressly included again, unless expressly agreed otherwise. Any terms and conditions of your own that deviate from these Terms do not apply unless we accept them in writing.
I. Provider and contact
The Site and the Platform are operated by:
HeavenTech SA
54 Avenue Louise
1050 Brussels
Belgium
Enterprise number: BE1009.938.066
For any question concerning these Terms, please contact us at contact@stellar.io or by phone at +32 3 30 248 62.
II. Our services
A. The Platform and its modules
We provide the Platform online. The Platform covers the entire campaign workflow in influencer marketing. Modules extend the functionality of the Platform to simplify and speed up your work. The scope of the modules you book results from our offer.
Modules may be subject to special terms and conditions, which you must accept in order to use them. We will point this out to you in our offers.
B. Setup and customising
Where agreed, we set up the Platform and the modules you have booked for their first use in your company. The setup may include, for example, the transfer of existing data, the application of your corporate identity or the set-up of interfaces. The exact setup results from the offer agreed between you and us.
III. Conclusion of the contract, subscriptions and termination
A. Conclusion of the contract
The contract between you and us is concluded as soon as we have confirmed your order or you have purchased a Subscription on the Platform. Booking further modules during the term of the contract takes effect only once we have accepted it.
If you send us back an offer with changes, this constitutes a new offer from you. A contract is only concluded once we have expressly accepted this new offer.
B. Subscriptions and billing cycles
Some parts of the Platform are billed on a subscription basis (“Subscription(s)”). You are billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription renews automatically unless you or Stellar cancel it. Your renewal date can be found in the “My Account / Billing” section of the Platform.
If you book further modules during a Billing Cycle, their term runs in line with the modules already booked. The first term of an additional module may therefore be shorter than a full Billing Cycle.
C. Cancellation
You may cancel the renewal of your Subscription through your online account management page or by contacting our customer success team via the in-app chat or by email at contact@stellar.io. You lose access to your account and data as soon as the cancellation takes effect.
For plans that are not billed monthly and are paid by bank transfer, a notice period of two months before the end of the current Billing Cycle applies to any cancellation or change of your next Subscription. It is not possible to downgrade during the course of an annual plan (for example the number of modules or influencers).
D. Termination for cause
In addition to ordinary cancellation, each party has the right to terminate the contract for good cause. Good cause exists for us in particular if:
- you are in arrears with the payment of fees amounting to two monthly fees
- you culpably breach an essential contractual obligation and do not remedy the breach within a reasonable period after a warning from us.
E. Form of notice
Any cancellation or termination must be made in text form (for example by email), whether it is ordinary or for cause.
IV. Fees and payment
A. Fees
The fees for the Platform and its modules result from our offer or from the plan you select, and are calculated on the basis of the modules you have booked. Fees may depend on booked quotas, the number of accounts provided or other module-specific use. Where we set up the Platform or individual modules for you, one-off setup fees apply in the amount agreed in the offer.
B. Payment
A valid payment method is required to pay for your Subscription. You must provide Stellar with accurate and complete billing information, including your full name, address, postal code, telephone number and valid payment method information. By submitting such payment information, you authorise Stellar to charge all Subscription fees incurred through your account to the payment method you provided. For monthly Billing Cycles paid by credit card, your card is charged the day before the renewal date.
Unless otherwise agreed, invoices are payable within 14 days of the invoice date. Invoices are sent electronically (PDF) to the email address you have provided for this purpose.
C. Late payment and suspension
In the event of late payment, interest at an annual rate of 10.00% is due from the due date, together with a fixed compensation of €40 for collection costs. No discount is granted for early payment.
We are entitled to suspend access to the Platform if you are more than 60 days late with your payment. You remain obliged to pay notwithstanding the suspension. A suspension due to late payment does not give you a reason to terminate the contract.
D. Fee changes
Stellar may change the Subscription fees at any time. Any change takes effect at the end of the then-current Billing Cycle. We will give you reasonable prior notice of any change in fees, so that you have the opportunity to cancel your Subscription before the change takes effect. If you continue to use the Platform after the change has taken effect, you agree to pay the modified fees.
E. Refunds
Refund requests for Subscriptions may be considered by Stellar on a case-by-case basis and are granted at Stellar’s sole discretion.
F. Set-off
You may only set off claims, or exercise a right of retention, with claims against us that are undisputed or have been established by a final court decision.
V. Your account
A. Account information
When you create an account, you must provide information that is accurate, complete and current at all times. Failure to do so constitutes a breach of these Terms and may result in the immediate termination of your account.
You may not assign or otherwise transfer your account to any other person or entity. Stellar reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in the cases set out in these Terms.
B. Access and security
The Platform is provided online for use in a web browser. You are responsible for accessing it with an up-to-date web browser and for configuring your internet access accordingly, including any VPN servers you use.
You must keep the passwords and logins you use to access the Platform strictly confidential and protect them against access by third parties. You are responsible for all activities that occur under your account. You must inform us immediately as soon as you become aware that an unauthorised third party knows a password or login, or has otherwise gained access to the Platform. Stellar is not responsible for third-party access to your account resulting from theft or misappropriation of your credentials.
C. Minors
Stellar does not knowingly collect personal data from persons under the age of 16. If you are under 16, you may only use the Site with the permission of a parent or guardian.
VI. Use of the Platform
A. Your own content
You are solely responsible for all content that you store or make available within the Platform or its technical infrastructure, and you will refrain from any action that could endanger or disrupt the functioning of the Platform.
We do not check this content for possible infringements of the law or of the contract. Within your obligation to comply with legal and contractual requirements, you are also responsible for the conduct of third parties acting on your behalf. This also applies to other third parties whose infringement you make possible through your conduct.
B. Unlawful content
You expressly warrant that the provision and publication of your own content within the Platform does not infringe applicable national or international law, in particular copyright, trademark, name, data protection and competition law.
We reserve the right to temporarily block content that appears objectionable to us in this respect. The same applies if a third party asks us to change or delete content within the Platform because it allegedly infringes their rights. If you prove to us that no infringement of third-party rights or other infringement of the law is to be feared, we will restore access to the content.
C. Restriction of access
We may restrict your access to the Platform in the event of maintenance work or where security requires it. We keep maintenance work as short as possible and announce planned maintenance in good time.
D. Access for influencers
If persons with whom you have a business relationship (influencers) are to be given access to the Platform, they must accept our terms of use for the Platform. You acknowledge that such a person cannot use the Platform if they refuse our terms of use. We reserve the right to block or delete the access of persons who breach our terms of use.
E. Prohibited use
You may not use the Site or the Platform for any purpose that is unlawful or prohibited by these Terms, or in any manner that could damage, disable, overburden or impair them, or interfere with any other party’s use of them. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Platform.
VII. Support and malfunctions
Technical and functional support requests can be made by email, by phone or within the Platform. We process support requests during our normal business hours on working days, excluding public holidays in Belgium.
We will remedy malfunctions of the Platform or of booked modules that you report to us within a reasonable period. A malfunction exists if, when used in accordance with the contract, the Platform or a booked module does not have the characteristics agreed in the offer and this affects its suitability for contractual use more than insignificantly.
You will inform us of malfunctions without undue delay as soon as you become aware of them and support us in remedying them to the best of your ability. You will document malfunctions sufficiently and comprehensibly (detailed description of the effects and of the time of the malfunction, screenshots, time log) and send this documentation to us.
VIII. Rights of use and intellectual property
You receive the simple, non-exclusive, time-limited, non-transferable and revocable right to use the Platform and the booked modules in accordance with the contract. The type and scope of use are otherwise determined by the offer. All other rights remain with us. You are not entitled to copy or modify the Platform or the booked modules. We reserve the right to take appropriate technical measures to protect against use that does not comply with the contract, provided that this does not impair use in accordance with the contract.
All content of the Site and the Platform, such as texts, graphics, logos and images, as well as their compilation and any software used, is the property of Stellar or its suppliers and is protected by copyright and other intellectual property laws. You will observe all copyright and other proprietary notices contained in such content and will not change them. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or otherwise exploit any of this content, in whole or in part. Stellar content is not for resale. You do not acquire any ownership rights in protected content, and we do not grant you any licence to the intellectual property of Stellar or its licensors except as expressly set out in these Terms.
IX. Updates and further development
We continuously develop and update the Platform and its modules. Such updates may change the functions and/or the appearance of the Platform or of the modules. You are not entitled to particular functions or a particular presentation of the Platform or the modules, as long as their essential functionalities are maintained. Updates may also result in free services being changed or discontinued; there is no entitlement to such services. In the event of such changes, we will take your interests into account as far as possible.
X. Third-party services and links
The Site and the Platform may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Stellar, and Stellar is not responsible for their content or for any changes to them. We provide these links only as a convenience; the inclusion of a link does not imply endorsement by Stellar or any association with its operators.
Certain services made available via Stellar are delivered by third parties. By using a product, service or functionality of Stellar, you acknowledge and consent that Stellar may share information and data with the third parties with whom Stellar has a contractual relationship, where this is necessary to provide the requested product, service or functionality.
Stellar uses the APIs of YouTube, Facebook, Instagram, Google, X (formerly Twitter), Adyen, Mandrill and Intercom to access some of the data provided by the Stellar services. By agreeing to these Terms, you also agree to their terms of service. In particular, by using the YouTube API services made available through Stellar, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms); Google’s processing of data is described in the Google Privacy Policy (https://policies.google.com/privacy).
XI. Data protection
Your use of the Site and the Platform is subject to our privacy policies, the Privacy Policy – Website and the Privacy Policy – Platform, which inform you about how we process personal data.
Where there is a legal obligation to do so, we will conclude a separate data processing agreement with you regarding the collection, processing and use of personal data. We agree to keep the processing of personal data to the minimum necessary.
We also collect data in anonymised form to analyse and improve the functionality of the Platform. As this data is anonymised, it does not fall within the scope of data protection law. If you do not want us to use anonymised data for statistical evaluation, you can object at any time by email to contact@stellar.io.
XII. Liability and indemnification
A. Liability
We are liable without limitation in accordance with the statutory provisions for damage resulting from injury to life, body or health, for intentional or grossly negligent conduct, and under the mandatory provisions of product liability law.
In the event of slight negligence, we are only liable for the breach of an essential contractual obligation. An essential contractual obligation is one whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely, or whose breach restricts rights that this contract grants you according to its content and purpose. In such a case, our liability is limited to the typical, foreseeable damage. Otherwise, we are not liable for slight negligence.
B. Information on the Site
The information, software, products and services included in or available through the Site may contain inaccuracies or typographical errors, and we may make improvements or changes to the Site at any time. To the extent permitted by law, the information on the Site is provided “as is”, without any warranty as to its suitability, reliability, availability, timeliness or accuracy. This does not affect our liability under section XII.A.
C. Indemnification
You indemnify us against all claims by third parties that are based on unlawful or infringing acts by you or on errors in the content of the information you have provided, in particular in the event of breaches of data protection law, and against all losses, costs, liabilities and expenses (including reasonable lawyers’ fees) arising from your breach of these Terms or of the rights of third parties. You reimburse us for the costs of legal defence incurred in this connection. Stellar reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; in that case you will cooperate fully with Stellar in asserting any available defences.
XIII. International users
The Site and the Platform are controlled, operated and administered by Stellar from its offices in Belgium. If you access them from a location outside Belgium, you are responsible for compliance with all local laws. You will not use Stellar content in any country or in any manner prohibited by applicable laws, restrictions or regulations.
XIV. Changes to these Terms
We continuously develop the Platform and enable new functions and uses. As a result, we may need to adapt these Terms from time to time so that they correctly reflect the use of the Platform. We will only make changes if this is not possible in any other way, and we will consider whether the changes are reasonable for you and in your interest.
If we adapt these Terms, we will inform you of the planned changes in advance by email. You then have six weeks to object to the changes and to terminate the contract in text form after the six weeks have expired. If you have an annual plan, the termination only takes effect at the end of your current Billing Cycle. The most current version of the Terms supersedes all previous versions.
XV. Final provisions
These Terms and all legal relationships between the parties are governed by Belgian law. The French-speaking courts of the judicial district of Brussels have exclusive jurisdiction over any dispute arising out of or relating to these Terms, the Site or the Platform, to the extent permitted by law.
Should any provision of these Terms be or become invalid or unenforceable, or should there be a gap, the remaining provisions remain fully effective and enforceable. The invalid or unenforceable provision is deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision. If we fail to enforce a provision, this does not constitute a waiver of our rights.
No joint venture, partnership, employment or agency relationship exists between you and Stellar as a result of these Terms or the use of the Site or the Platform. Stellar’s performance of these Terms is subject to existing laws and legal process; nothing in these Terms limits Stellar’s right to comply with requests or requirements of authorities, courts or law enforcement relating to your use of the Site or the Platform.
Unless otherwise specified, these Terms, together with the agreed offer, constitute the entire agreement between you and Stellar with respect to the Site and the Platform, and supersede all prior communications and proposals between you and Stellar on this subject. Changes to the agreed offer must be made in text form. A printed version of these Terms and of any notice given in electronic form is admissible in judicial or administrative proceedings to the same extent as other business documents.
You consent to receive communications from us electronically. All agreements, notices, disclosures and other communications that we provide to you electronically, by email and on the Site or the Platform, satisfy any legal requirement that such communications be in writing.
These Terms are available in English, French, Dutch and German. In the event of any discrepancy between the language versions, the English version prevails.
XVI. Contact
If you have any questions about these Terms, please contact us by email at contact@stellar.io or by phone at +32 3 30 248 62.
