Jimmy - JIMMY SRL
Terms and Conditions of Service
Last updated: 30 September 2026
These Terms and Conditions (hereinafter also “T&C”) govern access to and use of the JIMMY Platform (jimmycreators.com) and the associated services, offered via the web or an application by JIMMY SRL, with registered office at Via Garibaldi 9F, 31015, Conegliano (TV), Italy, VAT and Tax ID No.: 05634930266 (hereinafter also simply “JIMMY”).
Preamble
JIMMY SRLVia Garibaldi 9F, 31015 Conegliano (TV), ItalyVAT No. 05634930266support@jimmy.loveFor information purposes, the terms listed below are used in this document to refer to the following concepts or meanings:
- User: anyone who has an Account on the Platform and lawfully uses its features and services;
- Creator: a professional user who produces content and multimedia materials for the web and social media and seeks a commercial collaboration with Brand users on the Platform;
- Brand: a business user who uses the features and services of the Platform to promote its products or services, or to sponsor initiatives or events, through the activities of creators;
- Agency: a user who uses the features of the Platform to manage relationships between Brand and Creator users who are its own clients or third-party clients, including those provided by JIMMY;
- Account: the set of credentials and technical data that identify the User on the Platform, enabling access to and management of the services;
- Profile: the page through which a User presents themselves publicly on the Platform;
- Campaign: a set of influencer marketing activities carried out between a Brand and one or more Creators, with the related services, for a defined period and a budget agreed between the parties, assisted by an agency where applicable;
- Matching: the process of connecting Brand and Creator users, including through their agency, in order to initiate a commercial collaboration between them;
- Platform: the website (jimmycreators.com), based on a Software as a Service (SaaS) model, with its features and services, applications and linked social media;
- JIMMY: JIMMY SRL and its Platform.
JIMMY enables Brands, Creators and Agencies to connect with one another and manage opportunities for mutual collaboration in a single environment, generate proposals and establish commercial relationships, manage Influencer Marketing campaigns and report performance analyses.
Use of the Platform is reserved for B2B users (businesses, entertainment personalities, professionals, agencies, digital creators and craftspeople) acting for purposes related to their professional activities and holding a VAT number.
The Platform is made available in Beta version on an “as is” basis, without any guarantee of error-free operation or service continuity. The User acknowledges that no minimum service levels are provided. JIMMY undertakes to make reasonable efforts to ensure the greatest possible availability and usability of the service. Any indications published on the Platform regarding response times for intervention or assistance requests are purely indicative.
The Platform will undergo implementations, changes and developments, with the integration of new services and activation of additional features. Its use may therefore be subject to brief interruptions for maintenance or technical needs.
Any communication with the Platform may be made by email to: support@jimmy.love
1. Acceptance of the Terms and Conditions of Service.
To access and use the Platform, the User must accept these Terms and Conditions by checking the confirmation box during registration or clicking the acceptance button.
In any event, by creating an Account on the Platform, using the website or application, or otherwise using the services and features of the Platform, the User accepts these Terms and Conditions of Service, as well as any other document, guideline or policy published or adopted on the website, and undertakes to comply with them.
The User declares that they are acting for professional purposes and not as a consumer.
JIMMY reserves the right to amend these Terms and Conditions at any time when, by way of example and without limitation, it is necessary or JIMMY freely decides to make: (a) adjustments to comply with legal provisions; (b) technical or organisational developments to the Platform; (c) the introduction of new features or services; (d) changes to, restrictions on or deactivation of services already active; (e) adjustments for security needs or to improve performance. Substantial changes will be communicated to the User with 15 (fifteen) days’ notice before they take effect. The notice will be published on the Platform or sent to Users through the Platform’s communication channels. A User who does not wish to accept the changes may withdraw from the Contract by requesting deactivation of their Account, effective from the date the changes take effect, without prejudice to the performance of relationships established under the previous terms. In the absence of withdrawal or a request to deactivate the Account, and where use of the Platform continues, the changes will in any event be deemed accepted.
2. Scope of the Service
JIMMY provides a software as a service (SaaS) platform whose main features include a showcase (Marketplace) that facilitates contact and connection between Brands, Agencies and Creators for potential collaborations.
The User is granted a non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Platform, without territorial limits and for a fixed term equal to the period during which the Account is active, subject to the specific terms of the service requested, solely for the purpose of accessing and using the Platform and its features in accordance with these Terms and Conditions.
JIMMY reserves the right to modify or deactivate existing services and introduce new ones under new terms of use, as set out above.
3. Registration and Account Security
To use JIMMY, the User must create an Account by providing truthful, accurate and complete data under their sole responsibility. If the User acts in the name and on behalf of a legal person, an organisation or, more generally, a third party, the User declares and warrants, under their sole responsibility, that they lawfully hold the necessary authorisations and powers.
JIMMY reserves the right to accept or refuse the registration of a Brand, Agency or Creator at its sole discretion.
The User is solely responsible for the confidentiality of their login credentials (email and password) and for all activities carried out through their Account.
JIMMY reserves the right to temporarily suspend access to the User’s Account for the time necessary to carry out any technical work required to improve the quality of the services or the Platform. JIMMY also reserves the right to disable the User’s Account, temporarily or permanently, if the User breaches these T&C, misuses the Platform, engages in unlawful activities or causes harm to JIMMY. Except in urgent cases, JIMMY will first notify the User of the alleged breach through the communication channels associated with the Account before adopting any measure restricting it.
Subject to fulfilment of existing obligations for the services requested, the User may request deactivation of their Account at any time. It is the User’s sole responsibility to make a copy of or otherwise save their data and materials beforehand. JIMMY will not be held liable if the User’s data cannot be recovered following deactivation of the Account. The deactivated Account will no longer be accessible to the User. JIMMY will permanently delete the Account and all data it contains within the reasonable technical period of 3 (three) months from the request for deactivation of the Account, subject to statutory retention obligations.
The Account is considered “Inactive” if the User does not access the Platform for a continuous period of 24 (twenty-four) months. In the event of an Inactive Account, JIMMY may send the User a notice through the communication channels associated with the Account, allowing 30 (thirty) days to log in again. If this period expires without a login, JIMMY may suspend the Account and access to the Platform. After a further 30 (thirty) days from suspension without the User logging in again, JIMMY may permanently delete the Account and its data and materials, except for what is necessary to comply with legal obligations and/or protect its rights in or out of court. Before permanent deletion, JIMMY may, where technically possible, make a period of 60 (sixty) days available to the User to export their data and content. In any event, JIMMY cannot be held liable for the deletion and consequent loss of the User’s data or content.
4. Data and Information Entered and the User’s Responsibility.
The User is solely responsible for the information, texts, logos, documents, briefs and data entered on the Platform. The User is also solely responsible for data, documents, texts and anything else relating to third parties (such as, for example, details of their own clients included in quotations, contacts and brand information) entered on the Platform. The User therefore declares that they hold the necessary rights to the content uploaded and may lawfully and fully dispose of it, and hereby warrants and indemnifies JIMMY against any claim or demand, including any claim for damages, made by third parties as a result of unlawful or unauthorised use of such information.
In any event, the User may not upload, transmit or use on the Platform materials, data, information or documents that infringe third-party rights, including, for example, materials or information that infringe any party’s industrial or intellectual property rights or that are not processed in accordance with the applicable legislation on personal data processing. Data, materials or information that may be defamatory or offensive, infringe personality rights or other third-party rights, or files that may contain viruses, malware or other elements harmful to the Platform are not permitted on the Platform.
The User must use the Platform with due care and must not engage in unlawful activities, activities contrary to public policy or public morals, or activities inconsistent with the use permitted by JIMMY’s services.
If the User breaches the above provisions, JIMMY reserves the right, at its sole discretion, to discontinue use of the Platform by the defaulting User by temporarily or permanently disabling the User’s Account. The User remains answerable to JIMMY for any unlawful acts committed, including against third parties, without prejudice to the right to compensation for any further damage.
5. The Creator User
To access JIMMY’s services, the Creator must register by completing the registration form with the required information (name, pseudonym or nickname) and contact email and/or mobile phone number. They must then enter the data and information required to complete their Profile, following the instructions provided by JIMMY.
Registration on the Platform may also take place by linking the User’s Instagram or Google account. By using these login features, the User accepts their terms and consents to the disclosure and use of the relevant data.
JIMMY may, at its discretion, approve or decline the Creator’s registration request. The Creator will gain access to the Platform only upon JIMMY’s approval.
Alternatively, the Creator may register following a direct invitation from JIMMY, or from an Agency or Brand already accredited on JIMMY, by following the instructions received.
Once their Account has been created, the Creator may always amend their data and add to the information entered, including choosing what to publish on the Profile visible to other users of the Platform.
By registering on the Platform, the Creator authorises JIMMY to use the images, portraits or logos uploaded to the Account, consenting to any use necessary for the services provided by the Platform throughout the period in which the Account is operational. For the same period, the Creator authorises JIMMY to use the image, portrait, logo or other distinctive sign uploaded by the Creator to their Profile for reference purposes or to promote the Platform, expressly consenting to be mentioned as a User of JIMMY, including, where appropriate, through specific communications to other Users or potential Users, or by being mentioned on JIMMY’s pages or linked social media. The Creator retains the right to revoke consent to such promotional use at any time by written notice to JIMMY, which will not be considered liable or required to withdraw or modify materials already distributed and no longer under its control.
JIMMY reserves the right at any time to accept or decline, at its discretion, requests for services from the Creator.
The Creator may delegate management of the Account to their Agency. In that case, the Creator expressly authorises the Agency for this purpose, releasing JIMMY from any liability.
The Creator undertakes to produce multimedia content to a professional standard, in accordance with the brief agreed with the Brand and the quality standards of their profession, to meet the agreed timelines and to publish or deliver the materials by the deadlines agreed in the Campaign. The Creator also undertakes to comply with advertising transparency requirements and any agreed exclusivity arrangements.
6. The Brand User.
To access JIMMY’s services, the Brand must register by completing the registration form with the required information (for example, its name, corporate or business name, and website) and contact email and/or mobile phone number. It must then enter the data and information required to complete its Profile, following the instructions provided by JIMMY.
Registration on the Platform may also take place by linking the User’s Instagram or Google account. By using these login features, the User accepts their terms and consents to the disclosure and use of the relevant data.
JIMMY may, at its discretion, approve or refuse the Brand’s registration request. The Brand will gain access to the Platform only upon JIMMY’s approval.
Alternatively, the Brand may register following a direct invitation from JIMMY, or from an Agency or Creator already accredited on JIMMY, by following the instructions received.
Once its Account has been created, the Brand may always amend and add to the information and data entered, including choosing what to publish on the Profile visible to other users of the Platform.
For the period in which its Account is operational, the Brand agrees that any company trademark, logo or other material protected by exclusive or intellectual property rights that has been uploaded to the Platform or otherwise made available may be used on the Platform in order to use JIMMY’s features, such as identifying the Brand itself, creating campaigns, connecting with Creators or preparing quotations or other documents useful to the collaboration.
The Brand acknowledges and accepts that JIMMY may retrieve its logo or company trademark using legitimate services provided by third parties and/or APIs.
By registering on the Platform, the Brand authorises JIMMY to use the images, portraits or logos uploaded to the Account, consenting to any use necessary for the services provided by the Platform throughout the period in which the Account is operational. For the same period, the Brand authorises JIMMY to use the image, portrait, logo or other distinctive sign uploaded by the Brand to its Profile for reference purposes or to promote the Platform, expressly consenting to be mentioned as a User of JIMMY, including, where appropriate, through specific communications to other Users or potential Users, or by being mentioned on JIMMY’s pages or linked social media. The Brand retains the right to revoke consent to such promotional use at any time by written notice to JIMMY, which will not be considered liable or required to withdraw or modify materials already distributed and no longer under its control.
The Brand may create a “New Campaign” by completing the multi-step form with the information necessary or useful to identify the characteristics, budget and objectives of the campaign.
Depending on the options selected by the Brand, JIMMY will: a) send the Brand the list of Creators identified for the campaign; b) allow the Brand to use the Platform’s features to manage the campaign; c) manage the campaign on behalf of the Brand, interacting by requesting further information or changes to the Campaign selected by the Brand itself.
JIMMY reserves the right at any time to accept or decline, at its discretion, requests for services from the Brand.
The Brand may delegate management of the Account to its Agency. In that case, the Brand expressly authorises the Agency for this purpose, releasing JIMMY from any liability.
The Brand undertakes to approve or request changes to content proposed by Creators within the timeframes established in the Campaign, and to pay punctually, making payment in accordance with the methods and deadlines established on the Platform.
7. The Agency User.
To access JIMMY’s services, the Agency must register by completing the registration form with the required information (for example, its name, corporate or business name, and website) and contact email and/or mobile phone number. It must then enter the data and information required to complete its Profile, following the instructions provided by JIMMY.
Registration on the Platform may also take place by linking the User’s Instagram or Google account. By using these login features, the User accepts their terms and consents to the disclosure and use of the relevant data.
JIMMY may, at its discretion, approve or refuse the Agency’s registration request. The Agency will gain access to the Platform only upon JIMMY’s approval.
Once the request is approved, the Agency must complete registration by providing the additional data requested and the information necessary to use the Platform.
Once its Account has been created, the Agency may always amend and add to the information and data entered, including choosing what to publish on the Profile visible to other users of the Platform.
The Agency may interact directly with both the Brands and Creators that it has added to the Platform, using the available tools. In such cases, it is the Agency’s responsibility to obtain prior consent from the Creators and Brands to be added to the Platform, including with regard to lawful processing of personal data. The Agency warrants and indemnifies JIMMY against any claim or demand, including claims for damages, that may be made by Creators or Brands whose consent was not obtained beforehand.
By inviting Creators or Brands to register on the Platform, the Agency accepts that these users will have a personal, dedicated account, managed independently and directly by the Creator or Brand. The Agency may agree with the invited User to manage their profile on their behalf and in their interest.
For the period in which its Account is operational, the Agency agrees that any company trademark, logo or other material protected by exclusive or intellectual property rights that has been uploaded to the Platform or otherwise made available may be used on the Platform in order to use JIMMY’s features, such as identifying the Agency itself, creating campaigns, connecting with Creators or preparing quotations or other documents useful to the collaboration.
The Agency acknowledges and accepts that JIMMY may retrieve its logo or company trademark using legitimate services provided by third parties and/or APIs.
By registering on the Platform, the Agency authorises JIMMY to use the images, portraits or logos uploaded to the Account, consenting to any use necessary for the services provided by the Platform throughout the period in which the Account is operational. For the same period, the Agency authorises JIMMY to use the image, portrait, logo or other distinctive sign uploaded by the Agency to its Profile for reference purposes or to promote the Platform, expressly consenting to be mentioned as a User of JIMMY, including, where appropriate, through specific communications to other Users or potential Users, or by being mentioned on JIMMY’s pages or linked social media. The Agency retains the right to revoke consent to such promotional use at any time by written notice to JIMMY, which will not be considered liable or required to withdraw or modify materials already distributed and no longer under its control.
The Agency may create a “New Campaign” by completing the multi-step form with the information necessary or useful to identify the characteristics and objectives of the campaign.
Using the specific features made available by JIMMY, the Agency may manage active and past campaigns, together with the related user accounts.
JIMMY reserves the right at any time to accept or decline, at its discretion, requests for services from the Agency.
The Agency warrants that it has powers of representation or a formal mandate from the Brands and Creators it manages through its virtual workspace. It is directly accountable to the clients (Brands or Creators) it manages on the Platform.
8. Matching between Brands and Creators. JIMMY’s Liability.
JIMMY supports Brands, Creators and Agencies in establishing commercial relationships with one another. JIMMY’s active involvement varies according to the service requested by the User.
When an Agency, Brand or Creator manages Campaigns independently by merely using the features of the Platform, JIMMY is not responsible for the outcome of the Campaigns or the resulting relationships and bears no liability for them. JIMMY is not a party to the relationship between Users and does not guarantee the full and proper performance of the obligations they assume towards one another. Payments are normally handled through transactions directly between Users, without JIMMY acting as an intermediary.
When the User requests an active service from JIMMY, the User is informed of the specific terms and costs through dedicated modal windows requiring express acceptance in order to proceed. The content of those modal windows forms an integral part of these T&C. JIMMY manages transactions and relationships between Brands and Creators according to the methods and tools available on the Platform and in their respective dashboards.
When Brands, Creators and Agencies interact through JIMMY’s active involvement in finding users or managing Campaigns, JIMMY is nevertheless not a party to the relationship between Users and does not guarantee the full and proper performance of the obligations they assume towards one another.
As a rule, Brands and Creators may accept or refuse the other party’s proposal or make a counterproposal, up to a maximum of three counterproposals for the same campaign. After that, if no agreement is reached, interest in collaborating is deemed to have lapsed unless otherwise agreed.
Once agreement has been reached on the elements of the Campaign, with the Brand’s acceptance of the brief, the content, the financial proposal and anything else exchanged between the parties through the Platform’s service, the Brand and Creator will enter into a direct agreement drawn up using the standard content proposed by JIMMY. Users undertake to assess the content and wording of the agreement, for which they remain solely responsible. Alternatively, the Brand may propose its own contract to the Creator, setting out customised terms governing the relationship between the parties. JIMMY reserves the right to check that the contractual clauses proposed by the Brand are in line with JIMMY’s policies. JIMMY bears no liability for obligations arising between the parties under the agreement proposed by the Brand.
Communication flows between Users, including instructions for performance, processes for replies and confirmations between the parties, deadlines for payments and delivery of scripts, materials or anything else, are managed through JIMMY’s features and are binding on Users. Users therefore undertake to comply punctually with every communication step transmitted through JIMMY’s features, and to fulfil promptly the instructions issued by JIMMY from time to time to ensure the successful outcome of the collaboration.
JIMMY is in no way responsible for late, incorrect or incomplete communications between the parties. JIMMY does not guarantee the successful outcome of negotiations between Users, who remain solely responsible for any termination of negotiations at any time. JIMMY therefore bears no liability for any damages claimed by Users on that basis.
JIMMY is not liable for any failure to perform obligations between Brands and Creators, nor for the suitability, lawfulness or compliance with the publication rules of social media and other platforms (such as Instagram, Facebook and YouTube), or with any guidelines issued by the Brand, of multimedia content (deliverables) produced by the Creator for the Brand.
In any event, where the Brand is required to accept content produced by the Creator, including on the basis of its subjective satisfaction with the deliverables, JIMMY is expressly exempt from any duties or liability in that regard.
Without prejudice to cases of wilful misconduct or gross negligence provided for by law, if JIMMY is held liable for any direct damage suffered by the User in connection with use of the Platform or Services, liability will in any event be limited to a maximum amount equal to the total fees paid by the User to JIMMY, where applicable, for Services provided in the six (6) months preceding the event giving rise to the damage. Under no circumstances may JIMMY be held liable for indirect or consequential damage, including, by way of example and without limitation, loss of profit, loss of opportunity, reputational damage or business interruption, except in cases of wilful misconduct or gross negligence. Likewise, JIMMY is not liable for features provided by the Platform free of charge.
JIMMY is not and will not be held liable for any consequences arising from the User’s breach of these T&C.
9. Payment Terms for JIMMY’s Services. Payments between Brands, Creators and Agencies.
The prices and payment terms for use of JIMMY’s services, as applicable differently to Brands, Creators or Agencies, where provided for, are specified and governed in the dedicated modal windows for each category of user and during the Matching process.
As a rule, during the Beta phase of the Platform:
- the Creator must pay JIMMY a fee for each Campaign in which the Creator has been involved following a referral by JIMMY;
- Brands and Agencies must pay JIMMY the amount specified for the search for Creators.
JIMMY reserves the right to change service prices, with effect solely for service requests made after the new price is published on the Platform.
Amounts paid electronically are understood to exclude any charges, commissions or taxes applied to the User by their financial institution for the transaction.
The fees, terms and conditions of payment for services between Brands, Creators and Agencies are specified and governed in the dedicated modal windows for each category of user and during the Matching process, unless otherwise agreed between the parties.
As a rule, during the Beta phase of the Platform, unless otherwise agreed, JIMMY:
- does not manage payments between Brands and Creators who are clients of an Agency, which handles them directly;
- does not manage payments between Brands and Creators when their collaboration results from an independent search on the Platform;
- bears no liability for any failure to perform obligations between Users managed by Agencies.
10. SaaS Beta. Use of AI.
The Platform is made available in Beta version on an “as is” and “as available” basis, without any guarantee of error-free operation or service continuity. JIMMY nevertheless undertakes to make reasonable efforts to keep the Platform operational and improve it. The User acknowledges and therefore accepts that: a) uninterrupted access to the Platform’s website or application is not guaranteed; b) the continuous, uninterrupted and error-free availability of the Platform is not guaranteed; c) no contractually binding minimum service levels (SLAs) are provided, nor automatic penalties in the event of service disruptions; d) any indications published on the Platform regarding response times for assistance or intervention requests are purely indicative and do not constitute a contractual guarantee. Use of the Platform may be subject to brief interruptions for maintenance or technical needs, including implementation and development, without this constituting a breach of contract. JIMMY provides the User with a technical assistance service relating to the Platform through the communication channels indicated on the Platform itself.
The User acknowledges and accepts that JIMMY may use, in aggregated and/or anonymised form, the data and content generated through the Platform (including AI Outputs) solely to analyse performance and improve the algorithms, artificial intelligence models and features of the Platform, in compliance with applicable legislation, including personal data protection legislation.
Quotations and texts generated by JIMMY’s AI are drafts provided as an aid. The User is required to review prices, texts, clauses and calculations carefully before sending them. JIMMY is in no way liable for financial losses, lost earnings or reputational damage arising from the sending of quotations containing errors, inaccuracies or unfavourable terms generated by the software.
To the extent that the Platform generates content, texts, suggestions, lists, draft agreements or other outputs through artificial intelligence features (AI Outputs), the User acknowledges that such AI Outputs are generated automatically on the basis of instructions and data provided by the User and/or other Users, as well as JIMMY’s models and algorithms. Without prejudice to applicable intellectual property legislation, JIMMY grants the User, to the extent of its own rights, a non-exclusive licence limited to the sole purpose of using AI Outputs to perform relationships between Brands, Creators and Agencies established through the Platform. It is understood that:
- a) the User is responsible for checking the accuracy, completeness and lawfulness of AI Outputs when using them;
- b) JIMMY does not guarantee that AI Outputs are free from errors or references to protected third-party content;
- c) the User undertakes not to use AI Outputs in breach of the intellectual and/or industrial property rights of JIMMY or third parties, or for purposes contrary to the law or these Terms and Conditions.
11. Intellectual and/or Industrial Property.
The User acknowledges and recognises that all intellectual property rights, copyright and industrial property rights relating to the Platform and its components are and remain the exclusive property of JIMMY and/or its predecessors in title. Such rights include, by way of example and without limitation, those relating to: the application software and its source and object code, architectures and databases, graphical interfaces and layouts, templates, texts, images, logos, registered and unregistered trademarks, domain names, drawings, designs and distinctive signs used in any way on the Platform, as well as any technical or commercial documentation made available by JIMMY in relation to the Platform and any other data or element constituting the Platform itself. The User undertakes and is obliged to respect JIMMY’s rights, refraining from activities or conduct that may infringe, prejudice or compromise those rights.
Any reproduction, distribution, copying or use of the Platform’s content that is inconsistent with these terms is prohibited. In particular, the User is prohibited from:
- a) copying, modifying, adapting, translating, decompiling, reverse engineering or otherwise attempting to access the source code of the Platform’s software;
- b) removing, obscuring or altering notices of copyright, trademarks or other proprietary rights displayed on the Platform or in related materials;
- c) using the Platform or any part of it to create competing services or products, or to develop or train artificial intelligence models or other automated systems that substantially reproduce the Platform’s features, interfaces or technical solutions;
- d) scraping, systematically extracting or substantially reusing the content and data on the Platform in breach of JIMMY’s rights, including database rights;
- e) using JIMMY’s trademarks, logos, distinctive signs or other protected elements in any manner, including in a way that causes confusion among third parties regarding the relationship between the User and JIMMY;
- f) engaging in any hacking, URL tampering, credential stuffing, SQL injection, cross-site scripting and/or any other activity that damages and/or steals data, in any manner or form;
- g) purchasing, registering or using search engine keywords or other pay-per-click services, trademarks, email addresses, social media names or domain names at any level that use or include the JIMMY name or trademark, or include terms that may be confused with the JIMMY name.
The User retains ownership of the rights to materials they own, where those rights already belonged to the User.
Without prejudice to the provisions above, the User grants JIMMY, to the extent necessary to provide the Services, a non-exclusive, worldwide, indefinite-term, free-of-charge and royalty-free, sublicensable and transferable licence to their trademarks, logos, distinctive signs, images, content and materials uploaded or otherwise made available through the Platform, to use, reproduce, modify, store, process, communicate, display and disseminate the User’s Content for the purposes of: providing the Platform’s features (including, by way of example and without limitation, Matching between Brands and Creators, AI proposal generation, marketplace and payment management, management of campaigns between Brands, Agencies and Creators, identifying the User within the Platform and in communication flows between Brands, Creators and Agencies, displaying the User’s profiles and campaigns on the Platform, and managing and exchanging digital content produced by Creators); improving the security, performance and reliability of the Platform; and complying with legal obligations and lawful requests from competent authorities.
The User warrants that they hold all rights, titles and consents necessary to grant that licence and to use the User’s Content through the Platform, indemnifying JIMMY against any third-party claim relating to infringements of intellectual and/or industrial property rights, personality rights or other rights associated with the User’s Content.
Without prejudice to any other indemnity arrangements, the User undertakes to indemnify and hold JIMMY harmless from any claim, damage, liability, cost or expense (including legal fees reasonably incurred) arising from:
- a) the User’s use of the Platform in breach of the intellectual and/or industrial property rights of JIMMY or third parties;
- b) unauthorised use of third-party trademarks, logos, distinctive signs or other protected elements in the User’s Content;
- c) disputes or actions brought by third parties in relation to the User’s Content and/or the User’s use of AI Outputs.
12. Confidentiality.
“Confidential Information” means, by way of example and without limitation, all information of any nature and in any form (written, oral, electronic or otherwise) communicated or otherwise made accessible to the User in relation to the Platform and/or Services that is not in the public domain or publicly accessible, including: technical and commercial data, information about services, business strategies, financial terms, technical processes and formulae, application software, architectures and databases, graphical interfaces and layouts, templates, texts used in any way on the Platform, and any technical or commercial documentation made available by JIMMY to the User in relation to the Platform for its use.
The User undertakes to: treat the Confidential Information received as strictly confidential; not disclose it to third parties except to the extent strictly necessary for the purposes of using JIMMY, and not for other personal or third-party purposes; adopt reasonable technical and organisational measures to protect confidential information against unauthorised access, use, duplication or disclosure, taking into account the nature of the information and the risks associated with processing. Information is not considered Confidential Information where the User can demonstrate that it was already in the public domain or already known to them before accessing the Platform, or was developed independently by the User without using or consulting JIMMY’s confidential information and without breaching any provision of these Terms and Conditions of Service.
The confidentiality obligations under this article will remain in force throughout the relationship with JIMMY and for a further period of 5 (five) years after its termination for any reason, without prejudice to data retention obligations imposed by law or necessary to protect rights.
13. Processing of Personal Data
The Parties acknowledge that personal data may be processed in connection with use of the Platform pursuant to EU Regulation 2016/679 (“GDPR”) and the applicable national legislation on personal data protection.
The User declares that they have read the privacy notice provided by JIMMY pursuant to Article 13 of the GDPR, available at the address indicated on the Platform, and accept its content in full.
Where and to the extent that JIMMY processes personal data on behalf of the User as a processor pursuant to Article 28 of the GDPR, the Parties undertake to enter into a specific agreement appointing JIMMY as processor, which will govern the User’s instructions, security measures, any subprocessors and any other aspect required by applicable legislation.
The User undertakes to process personal data collected and managed through the Platform in compliance with applicable legislation, warranting that they have provided data subjects with all required information and obtained the relevant consents where necessary. The User indemnifies and holds JIMMY harmless from any claim, damage or penalty arising from the User’s processing of personal data in breach of applicable legislation, unless such breaches are attributable to JIMMY’s wilful misconduct or gross negligence.
14. Applicable Law and Jurisdiction
These T&C are subject to Italian jurisdiction and governed by Italian law. The courts of Treviso shall have exclusive jurisdiction, without exception, over any dispute arising from the interpretation or performance of this contract.