Terms of Use for Companies

Description of Insights

Lurkit provide a content aggregation service that collect and analyse gaming content at scale to provide you with insights and market trends ("Insights"). Insights browse and monitor millions of streaming channels to find content creators, such as streamers and YouTubers ("Content Creators"), understand your audience, measure your campaign results and benchmark against your competitors. The main content on Insights is collected from various platforms via public API:s, including but not limited to Twitch and YouTube.

Our goal is to give users a platform from where they can find new information and insights regarding gaming and esports easier and faster.

Description of Key Campaigns

Lurkit also provide an opportunity to create engaging campaigns and collaborate with content creators ("Campaigns"). The features of Campaigns let you easily create game keys ("Game keys") and run successful Game key-distribution campaigns and gain Insights into creator performance.

Description of Quests

lurkit.com allows Companies, such as publishers and developers, to submit requests for services to create content with Companies’ products or services on a platform provided on lurkit.com ("Quests"). Content Creators will have the possibility to accept, reject or submit a counteroffer for performing the requested services within Quests. Once a bid for a service is accepted by both a Company and a Content Creator, the Company will deposit the payment for the services through Stripe. When the Content Creator has performed the requested services the Content Creator will submit a link to the delivered services for approval by the Company. In case the Company has not accepted the services within a stipulated time frame, or if the Company and Content Creator disagree on the performed services, Lurkit will have the sole discretion to review and decide on the outcome.

Companies and Content Creators acknowledge that Lurkit acts only as an intermediate by providing Quests as a platform for exchanging offers and acceptance between Companies and Content Creators.

Companies using Quests are responsible for providing clear descriptions of the deliverables the Content Creator should deliver.

All payment transactions between Companies and Content Creators are handled through Stripe, and under no circumstances will Lurkit be liable for any Content Creators services nor Companies’ payment obligations.

Description of Creator Program

Lurkit also provide you and Content Creators an opportunity to engage and collaborate through a product called creator program ("Creator Program") that is developed with the aim to make community curation workflows simpler, more cost-effective, and simply better. The Creator Program allows you to customize applicable webpages, configure a customized URL and share news among other things. Creator Program also provides an opportunity for you to engage and retain Content Creators by setting up customized missions and performance goals ("Missions") and rewards for applicable Content Creators ("Rewards").

When using Creator Program you are responsible for providing clear descriptions of each Mission and Reward applicable and following any instructions given by Lurkit from time to time regarding the process and/or requirements for creating Missions and Rewards. You also acknowledge and accept that you, and not Lurkit, is liable towards Content Creators or any third party for promises and other commitments made by you regarding the design and/or execution of applicable Missions or Rewards.

You furthermore acknowledge and agree to, at all times, use appropriate behaviour and complying with applicable laws and regulations in your creation of Missions and Rewards as well as in your interaction with applicable Content Creators. You furthermore undertake to provide relevant Reward at such time as set out by you in the Creator Program and to bear the costs and/or liabilities associated with providing the Rewards.

By using Creator Program you may in certain situations receive personal data belonging to Content Creators. You undertake to safeguard the privacy of all engaged Content Creators and to comply at all times with applicable personal data legislation, including but not limited to the Data Protection Regulation (GDPR). To avoid any misunderstanding, it is not our intention to process personal data on behalf of you, but the intention is that you as well as Lurkit is an independent controller for the processing that takes place.

You and your Account

When creating an account for companies at lurkit.com ("Account"), you warrant that the information provided by you is complete and accurate. You affirm that you have the right to act on behalf of that organization or entity, and that these Terms of Use apply to the organization or entity (and all references to "you" and similar terms refer to that organization or entity). You are furthermore solely responsible for safeguarding the password you use to access your Account and for any activities or actions in your Account. To avoid misunderstandings, this means that you are solely responsible for your users’ use of the Account and that the applicable number of users is consistent with your current subscription. You agree to notify us without delay in the event there is a risk of unauthorized access or use of your Account.

It is noted by you that we may use your data in an anonymous and aggregate manner for statistical purposes when we provide Insights, Campaigns, Quests and/or Creator Programs. We may further process the contact details of your users if they are linked to an Account of yours. If you and/or your users are interested in more information about how we process data, please read our Privacy Policy.

Content and intellectual property rights

Lurkit presents user generated content in the form of live streams, videos and social media posts and text news from users’ streaming, video and social media networks and other information ("Content").

Lurkit’s name, graphics, logos, page headers, button icons, scripts, and service names are our trademarks and/or trade dress in Sweden and/or other countries (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without Lurkit’s prior written permission. Any third party names, trademarks, and service marks are property of their respective owners.

Lurkit furthermore owns the copyright to collective work in the selection, coordination, arrangement, presentation, display and enhancement of Insights, Campaigns, Content, Quests and/or Creator Program. All software used on or within Insights, Campaigns, Content, Quests and/or Creator Program is Lurkit’s property or the property of our software vendors and is protected by Swedish and international copyright laws.

Subscriptions of lurkit.com

Freemium version of lurkit.com

Lurkit is happy to provide a freemium version of our services. The freemium version is able to present ongoing Content from the last three days. The freemium version also lets you have one active Key Campaign. The freemium version enables the use of one user per Account.

Subscription (SaaS) version of lurkit.com

Lurkit also provides a paid version that can be subscripted annually or monthly. The paid version is able to present ongoing Content from the last seven days or at a period of your choice. You may see Content from a single day, month, year or at a custom period of time that you solely decide. Unlimited amount of Game keys for Campaigns and added Campaign functionality such as media-kit and ability to distribute more Game keys to specific Content creators.

The paid version of lurkit.com enables the use of three user per Account and gives you the opportunity to create further users per Account.

The price for the subscription fee of the paid version of lurkit.com and the creation of further users per Account is set out on our website.

Payment terms

You shall pay the subscription fee for the paid version of lurkit.com and applicable number of users of the paid version of lurkit.com on the payment terms set out herein. All subscription fees stated in these Terms of Use are excluded from value added tax.

The subscription fee for the paid version of lurkit.com is paid in advance annually or monthly while additional users are paid monthly in advance. Payment is made by paying an invoice or paying by card through Stripe. In the event of late payment compared with the due date stated on the invoice or the date specified for card payment, statutory default interest is paid. If you are in arrears with payment for more than three business days, we have the right to suspend the continued subscription of lurkit.com until you have paid the outstanding amounts due.

We may change the price for the subscription fee of the paid version of lurkit.com and the creation of further users per Account from time to time and will communicate such price changes to you in advance. The price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with a price change, you have the right to reject the change by terminating your subscription prior to the price change going into effect.

Responsible Use and Conduct

Any action by you that, in our sole discretion: (i) violates the Terms of Use; (ii) restricts, inhibits or prevents any access, use or enjoyment of Insights, Campaigns, Quests and/or Creator Program; or (iii) through the use of your Account, defames, abuses, harasses, offends or threatens us and/or any third party or person, shall not be permitted, and may result in your loss of the right to access and use of Insights, Campaigns, Quests, Creator Program and/or your Account.

Lurkit reserve the right to suspend or discontinue the availability of Insights, Campaigns, Quests, Creator Program and/or your Account or any portion or feature of the same at any time in our sole discretion and without prior notice. Your access to Insights, Campaigns, Quests, Creator Program and/or your Account may furthermore be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Insights, Campaigns, Quests, Creator Program or other actions that Lurkit, in its sole discretion, may elect to take.

Limitation of Warranties

You understand and agree that Insights, Campaigns, Quests and the Creator Program are provided "as is" and "as available". This means that we do not represent or warrant to you that:

1. The use of Insights, Campaigns, Quests and/or the Creator Program will meet your needs or requirements.
2. The use of Insights, Campaigns, Quests and/or the Creator Program will be uninterrupted, timely or free from errors.
3. The information obtained by using Insights, Campaigns, Quests and/or the Creator Program will be accurate or reliable, and any defects in the operation or functionality of any Insights, Campaigns, Quests and/or the Creator Program we provide will be repaired or corrected.

Furthermore, you understand and agree that:

4. Any Content downloaded or otherwise obtained through the use of Insights, Campaigns, Quests and/or the Creator Program is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such Content.
5. No information or advice, whether expressed, implied, oral or written, obtained by you from Insights, Campaigns, Quests and/or the Creator Program or Lurkit or through any stream we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms of Use.
6. The Content generated and provided at Insights, Campaigns, Quests and/or the Creator Program may change and/or dissolve from time to time due to reasons associated with the collection of the Content, i.e. various platforms, including but not limited to Twitch and YouTube, may change and/or restrict Lurkit’s use of applicable public API:s.
7. You shall bear all responsibility for any and all taxes, duties, or fees ("Taxes") associated with your use of Insights, Campaigns, Quests and/or the Creator Program. Especially any Taxes that may arise from any Rewards given to a Content Creator. Lurkit is not liable for determining, collecting, reporting, or remitting any such Taxes. In the event of a tax authority requiring Lurkit to pay such Taxes on behalf of you, you will indemnify Lurkit for the paid amount plus any applicable penalties and interest.

Limitation of Liability

All information publicly posted by you in your Account is the sole responsibility of you.

Under no circumstances will Lurkit be liable for information made available by you in your Account or elsewhere. Lurkit will furthermore not be liable for that Insights, Campaigns, Quests and/or the Creator Program (I) will meet your needs or requirements, (II) will be uninterrupted, timely or free from errors, (III) accurate or reliable or (IV) is changed and/or dissolved due to that a platform such as Twitch and YouTube have changed and/or restricted Lurkit’s use of applicable public API:s to create the Content.

Lurkit shall furthermore under no circumstances be liable to you for any indirect damages, including but not limited to, loss of profit, loss of goodwill or reputation, loss of opportunity or loss of data. The total liability of Lurkit shall also be limited to a maximum amount equivalent to the fees paid under these Terms of Use during the twelve-month period preceding the action giving rise to the applicable damages.

Indemnification

You agree to indemnify and defend Lurkit from and against all claims, actions, proceedings, costs (including reasonable legal fees), expenses, losses, damages (other than consequential damages) and liabilities arising from any claim by a third party regarding publicly posted information by you in your Account or elsewhere that violates any civil or criminal law or regulation or infringes our and/or any third party’s intellectual property rights.

Links

lurkit.com may contain links to third party websites or resources. Under no circumstances will Lurkit be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Lurkit of such websites or resources or the content, products, or services available from such websites or resources.

You are solely responsible for all risks arising from any use of such websites or resources and/or any amendment of links to such third party websites or resources to your Account.

Privacy

Your privacy is very important to us. Please read our Privacy Policy where we explain in detail how we process your personal data.

Entire agreement

These Terms of Use are the entire and exclusive agreement between Lurkit and you regarding Insights, Campaigns, Quests and/or the Creator Program within lurkit.com.

Lurkit reserve the right to update, amend and/or change these Terms of Use at any time in our sole discretion and without notice. Updates to these Terms of Use will be posted on www.lurkit.com. Amendments will take effect immediately upon us posting the updated Terms of Use. You are encouraged to revisit the Terms of Use from time to time in order to review if any changes have been made.

Subscription period and termination

The subscription period and these Terms of Use will apply from the date of creating your Account, Insights, Campaigns, Quests and/or the Creator Program and until the end of applicable subscription period being monthly or yearly. At the end of that initial period, or any subsequent term thereof pursuant to a renewal by you, the subscription period and these Terms of Use shall be automatically renewed for successive periods of a corresponding period as the initial period unless terminated by you through deactivating your Account or by sending a prior written notice about your interest to terminate the subscription of Insights to accounting@lurkit.com not later than one day prior to the expiry of the relevant term. Lurkit may terminate your subscription and/or Account at any time in its sole discretion and without prior notice.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Sweden, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction.

Any dispute, controversy or claim arising out of or in connection with these Terms of Use shall be finally settled by Swedish courts, with the Stockholm district court as the court of first instance.

Contact Information

If you have any questions about these Terms of Use, you can contact us at support@lurkit.com or at the following address: Lurkit AB, org. no. 559033-9973, Fridtunagatan 33, 582 13 Linköping.