Terms of Service

Effective date: April 2026 — Last updated: April 2026

1. Introduction & Acceptance

Welcome to FITS-LIST. These Terms of Service ("Terms") govern your access to and use of the FITS-LIST platform, including our website, mobile applications, and all related services (collectively, the "Platform"). The Platform is operated by FITS-LIST by FITS Group (FitsList B.V.), a company incorporated under the laws of the Netherlands, with its registered office at Kattegat 50-K, 9723JP Groningen, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 97928534, VAT identification number NL868292229B01.

By creating an account, accessing, or using the Platform in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or rules referenced herein. If you do not agree with these Terms, you must not use the Platform.

You must be at least 18 years of age to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding agreements under Dutch law.

2. Definitions

In these Terms, the following capitalised terms shall have the meanings set out below:

• "Platform" means the FITS-LIST web application, mobile applications, APIs, and all related services operated by FitsList B.V.
• "Partner" means a restaurant, café, bar, hotel, or other hospitality business that has been registered on the Platform to list Deals for Influencer collaborations.
• "Influencer" means a social media content creator who has registered on the Platform to browse and book Deals offered by Partners.
• "User" means any person or entity accessing or using the Platform, including Partners, Influencers, and Admin users.
• "Deal" means a collaboration offer created by the FITS-LIST team on behalf of a Partner, specifying the type of collaboration, content requirements, tier eligibility, and benefits provided to the Influencer.
• "Booking" means an Influencer's reservation to participate in a specific Deal, subject to approval by the Partner or FITS-LIST team.
• "Content" means any photos, videos, stories, reels, posts, or other media created and published by an Influencer as part of fulfilling a Deal.
• "Tier" means the classification assigned to an Influencer based on their social media follower count, as follows:
  • Starter
  • Rising
  • Premium
  • Elite
• "Admin" means the internal FITS-LIST team responsible for managing the Platform, creating Deals, reviewing proofs, and overseeing operations.
• "QR Code" means the unique, single-use verification code generated for each Booking, used to confirm an Influencer's presence at a Partner location.

3. Account Registration

3.1 Influencer Accounts

To register as an Influencer, you must provide your real (legal) name, a valid email address, and connect at least one social media account (Instagram and/or TikTok) through the Platform's verification process. Your social media account must be a public account. By connecting your social media accounts, you authorise FITS-LIST to access your public profile data, follower counts, and engagement metrics as described in Section 8.

3.2 Partner Accounts

Partners are invited by the FITS-LIST team and receive login credentials directly from FITS-LIST. Partners must provide accurate business information, including trade name, address, and contact details. Partner accounts are subject to verification by FITS-LIST before activation.

3.3 Admin Accounts

Admin accounts are reserved for the internal FITS-LIST team responsible for managing the Platform, creating Deals on behalf of Partners, reviewing Influencer proofs, and handling support requests.

3.4 General Account Rules

• You are responsible for maintaining the confidentiality of your account credentials (username, password, and any authentication tokens). You must notify FITS-LIST immediately at Info@fits-list.com of any unauthorised use of your account.
• Each person or legal entity may hold only one (1) account on the Platform. Creating multiple accounts is prohibited and may result in immediate termination of all associated accounts.
• You are responsible for all activities that occur under your account, whether or not authorised by you.
• FITS-LIST reserves the right to refuse registration, suspend, or terminate accounts at its sole discretion.

4. Platform Overview — How It Works

FITS-LIST connects hospitality businesses with social media influencers for promotional collaborations. The Platform operates as follows:

1. Deal Creation: The FITS-LIST team creates Deals on behalf of Partners, specifying the collaboration details, content requirements, eligible Tiers, and benefits offered to Influencers.
2. Browsing & Booking: Influencers browse available Deals that match their Tier and interests, and submit Bookings for Deals they wish to participate in.
3. Approval: The Partner or FITS-LIST team reviews and approves or rejects each Booking request.
4. Visit & Verification: The Influencer visits the Partner location, mentions "FITS-LIST" or the agreed brand name upon arrival, and has their unique QR Code scanned by the Partner to verify their presence.
5. Content Creation & Posting: The Influencer creates and posts Content on their social media accounts as specified in the Deal, mentioning the collaboration in accordance with applicable advertising disclosure requirements.
6. Proof Submission: The Influencer uploads proof of their posted Content (screenshots, links, or other evidence) to the Platform within the applicable deadlines.
7. Review & Completion: The FITS-LIST team reviews the submitted proof and, upon approval, marks the Booking as completed.

FITS-LIST acts as an intermediary platform facilitating connections between Partners and Influencers. FITS-LIST is not a party to the underlying collaboration between the Partner and the Influencer.

5. Influencer Obligations

By using the Platform as an Influencer, you agree to the following:

5.1 Reservation & Identification

• When making a reservation at a Partner location in connection with a Booking, you must mention "FITS-LIST" or the agreed brand name so the Partner can identify your visit as a collaboration.

5.2 Booking Limits

• You may hold a maximum of two (2) simultaneous active Bookings at any given time. You must complete or cancel existing Bookings before making additional ones.

5.3 Visit Verification

• You must visit the Partner location in person and have your unique QR Code scanned by the Partner's staff to verify your attendance. The QR Code scan is a mandatory step; Bookings without a verified scan cannot be completed.

5.4 Content Proof & Deadlines

• After your visit has been verified, you must create and post the required Content and upload proof (screenshots, links, or other evidence) to the Platform within the following deadlines:
  • Instagram/TikTok Stories: within 48 hours after the verified visit.
  • Instagram/TikTok Reels or Posts: within 3 calendar days after the verified visit.
• Failure to upload proof within the applicable deadline constitutes a missed deadline. After three (3) missed deadlines, your account will be automatically suspended. Reactivation is only possible by contacting the FITS-LIST support team.

5.5 Social Media Accounts

• You must maintain accurate and up-to-date social media connections on your account. If you change your Instagram or TikTok handle, lose access to a connected account, or switch to a different account, you must update your connections on the Platform promptly.

5.6 QR Code Integrity

• You must not share, forward, duplicate, screenshot for third-party use, or otherwise distribute your Booking QR Code to any other person. Each QR Code is personal and non-transferable.

5.7 Advertising Disclosure

• All Content posted in connection with a Deal must comply with applicable advertising disclosure laws, including the Dutch Media Act (Mediawet) and the guidelines of the Dutch Advertising Code Foundation (Stichting Reclame Code). You must clearly and prominently disclose the commercial nature of your Content (e.g., by using hashtags such as #ad, #sponsored, or #samenwerking).

6. Partner Obligations

By using the Platform as a Partner, you agree to the following:

• Honour Deal Terms: You must provide the agreed benefits, services, meals, or experiences to Influencers who present a valid, verified QR Code in connection with an approved Booking. You may not offer lesser benefits than those specified in the Deal.
• QR Code Scanning: You (or your staff) must scan the Influencer's QR Code at the time of their visit to verify their attendance. Failure to scan may result in disputes regarding Deal completion.
• Timely Payment: You must pay all invoices issued by FITS-LIST within the agreed payment terms, as further described in Section 10.
• Non-Discrimination: You must not discriminate against Influencers based on their follower count, engagement rate, or Tier beyond the eligibility criteria already specified in the Deal. Once a Booking has been approved, the Influencer must be treated in accordance with the Deal terms.
• Accurate Information: You must ensure that all information provided to FITS-LIST (including business details, opening hours, and Deal descriptions) is accurate and up to date.

7. Tier System

Influencers are classified into Tiers based on their social media follower count across connected Instagram and/or TikTok accounts:

• Starter
• Rising
• Premium
• Elite

Tier classification is determined automatically based on the highest follower count across the Influencer's connected social media accounts. Follower data is synchronised weekly via public API data (see Section 8). Tier classification directly affects which Deals an Influencer is eligible to book. FITS-LIST reserves the right to adjust Tier thresholds at any time, with reasonable notice to affected Users.

8. Social Media Data

By connecting your social media accounts to the Platform, you acknowledge and agree that:

• FITS-LIST collects publicly available social media data, including but not limited to follower counts, engagement rates, posting frequency, and public profile information, via the ScrapeCreators API and/or other third-party data services.
• This data is refreshed approximately once per week to ensure accurate Tier classification and Deal matching.
• The collected data is used for the purposes of Tier classification, Deal eligibility assessment, analytics, and Platform improvement.
• You may request a manual resynchronisation of your social media data at any time through your account settings or by contacting FITS-LIST support.
• FITS-LIST does not guarantee the accuracy or completeness of third-party social media data and shall not be liable for any errors or discrepancies in such data.

For further information on how FITS-LIST processes your personal data, please refer to our Privacy Policy.

9. QR Code System

• Each approved Booking generates a unique QR Code assigned to the Influencer for that specific Booking.
• QR Codes are single-use per visit. Once scanned, the QR Code is marked as used and cannot be scanned again.
• Sharing, forwarding, duplicating, screenshotting for third-party use, or otherwise distributing a QR Code is strictly prohibited. Violation of this rule may result in immediate account suspension or termination.
• The QR Code scan serves as verification that the Influencer was physically present at the Partner location. It is the primary mechanism for confirming Deal attendance.
• If you experience technical issues with your QR Code (e.g., it does not scan properly), you must contact FITS-LIST support immediately for assistance.

10. Payment Terms

10.1 Invoicing

FITS-LIST invoices Partners on a monthly basis for all Deals that have been completed (i.e., proof reviewed and approved) during the preceding calendar month. Invoices are issued by FitsList B.V. and sent electronically to the email address associated with the Partner's account.

10.2 Payment Processing

All payments are processed through Mollie B.V., a payment service provider registered in the Netherlands and authorised by De Nederlandsche Bank (DNB). All prices on the Platform are denominated in Euros (EUR). Applicable VAT will be charged in accordance with Dutch tax law.

10.3 Payment Terms

Unless otherwise agreed in writing between FITS-LIST and the Partner, invoices must be paid within fourteen (14) days from the invoice date. Payment must be made via the payment method specified on the invoice or through the Mollie payment link provided.

10.4 Late Payment

In the event of late payment, FITS-LIST reserves the right to:

• Charge statutory commercial interest (wettelijke handelsrente) on the outstanding amount from the due date until the date of full payment, in accordance with Article 6:119a of the Dutch Civil Code and the Dutch Late Payment in Commercial Transactions Act (Wet betalingstermijnen handelstransacties).
• Charge reasonable extrajudicial collection costs (buitengerechtelijke incassokosten) in accordance with the Decree on Compensation for Extrajudicial Collection Costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
• Suspend or terminate the Partner's account and all associated active Deals until payment is received in full.

11. Intellectual Property

11.1 Platform IP

All intellectual property rights in the Platform, including but not limited to the source code, software, design, layout, graphics, logos, trademarks, trade names, and documentation, are and remain the exclusive property of FitsList B.V. or its licensors. No provision in these Terms grants you any right, title, or interest in the Platform's intellectual property, except for the limited right to use the Platform in accordance with these Terms.

11.2 Influencer Content

Influencers retain full ownership of all Content they create as part of a Deal. However, by uploading proof of Content to the Platform, the Influencer grants FITS-LIST a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to use, reproduce, display, distribute, and create derivative works of such Content for the purposes of:

• Platform promotion, marketing, and advertising;
• Analytics, reporting, and internal business purposes;
• Providing the Services (including displaying Content on the Platform).

This licence survives termination of the Influencer's account, but the Influencer may request removal of specific Content by contacting FITS-LIST support.

11.3 Partner Brand Materials

Partners retain full ownership of their brand materials, including logos, trade names, and marketing assets provided to FITS-LIST for use on the Platform. Partners grant FITS-LIST a non-exclusive licence to display such materials on the Platform for the duration of their account.

12. Content Guidelines

All Content created and posted in connection with Deals on the Platform must adhere to the following guidelines:

• Originality: Content must be original work created by the Influencer and must not infringe upon the intellectual property rights, privacy rights, or any other rights of third parties.
• Advertising Standards: Content must comply with Dutch advertising standards, including the Dutch Advertising Code (Nederlandse Reclame Code) as administered by the Dutch Advertising Code Foundation (Stichting Reclame Code), and any applicable EU regulations.
• Disclosure: Content must clearly and prominently disclose its commercial/sponsored nature. Acceptable disclosure methods include, but are not limited to, the use of hashtags such as #ad, #sponsored, #samenwerking, or the built-in paid partnership labels provided by Instagram and TikTok.
• Prohibited Content: Content must not contain or promote:
  • Illegal activities or substances;
  • Hateful, discriminatory, or harassing language or imagery;
  • Violence, threats, or intimidation;
  • Sexually explicit material (unless appropriate to the context of the Deal and in compliance with applicable law);
  • Misleading or deceptive claims about the Partner's products or services;
  • Any material that violates applicable Dutch or EU law.

FITS-LIST reserves the right to reject proof submissions that do not comply with these Content Guidelines and to require the Influencer to re-create and re-submit Content.

13. Limitation of Liability

13.1 General Limitation

To the maximum extent permitted by applicable law, the total aggregate liability of FitsList B.V. (including its directors, employees, agents, and affiliates) arising out of or in connection with these Terms or the use of the Platform shall be limited to the total amount paid by the Partner to FITS-LIST for the relevant Deal(s) in the twelve (12) months preceding the event giving rise to the claim. For Influencers who do not pay fees to FITS-LIST, the total aggregate liability shall not exceed €100.

13.2 Exclusion of Damages

FITS-LIST shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business;
• Loss of data or data corruption;
• Loss of goodwill or reputation;
• Cost of procuring substitute services;
• Any other intangible losses, even if FITS-LIST has been advised of the possibility of such damages.

13.3 No Liability for Third-Party Data

FITS-LIST does not guarantee the accuracy, completeness, or timeliness of social media data obtained from third-party services (including ScrapeCreators). FITS-LIST shall not be liable for any incorrect Tier classification or Deal eligibility determination resulting from inaccurate third-party data.

13.4 No Liability for Partner-Influencer Disputes

FITS-LIST acts as a platform facilitator and is not a party to the underlying collaboration between Partners and Influencers. FITS-LIST shall not be liable for any disputes, disagreements, or claims arising between Partners and Influencers, including but not limited to disputes regarding the quality of services, the quality of Content, or the conduct of either party during a collaboration.

13.5 Force Majeure

FITS-LIST shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond FITS-LIST's reasonable control (force majeure), including but not limited to: natural disasters, pandemics, war, terrorism, riots, government actions or regulations, power failures, internet or telecommunications outages, cyberattacks, failures of third-party service providers, and labour disputes.

14. Termination

14.1 Termination by Influencers

Influencers may delete their account at any time through their account settings or by contacting FITS-LIST support. Upon account deletion, all active Bookings will be cancelled, and any pending proof submissions will be discarded. Account deletion does not affect the licence granted to FITS-LIST under Section 11.2, unless the Influencer specifically requests removal of their Content.

14.2 Termination by Partners

Partners may terminate their account in accordance with the specific terms of their agreement with FITS-LIST. Unless otherwise agreed, Partners must provide written notice of termination. Outstanding invoices remain due and payable regardless of termination.

14.3 Termination or Suspension by FITS-LIST

FITS-LIST reserves the right to suspend or terminate any User account, with or without prior notice, in the following circumstances:

• Violation of these Terms or any applicable law;
• Fraudulent, abusive, or deceptive conduct;
• Accumulation of three (3) or more missed content deadlines (resulting in automatic account suspension for Influencers);
• Failure to pay invoices within the agreed payment terms (for Partners);
• Sharing, duplicating, or misusing QR Codes;
• Creating or operating multiple accounts;
• Any other conduct that FITS-LIST reasonably determines is harmful to the Platform, its Users, or its reputation.

14.4 Effects of Termination

• All active Bookings associated with the terminated account will be cancelled.
• Outstanding financial obligations (including unpaid invoices and accrued interest) survive termination and remain due and payable.
• Data retention and deletion after termination shall be handled in accordance with the Privacy Policy and applicable Dutch and EU data protection laws (GDPR/AVG).
• Provisions of these Terms that by their nature should survive termination (including, without limitation, Sections 11, 13, 15, and 17) shall continue in full force and effect after termination.

15. Dispute Resolution

15.1 Governing Law

These Terms and any disputes arising out of or in connection with these Terms or the use of the Platform shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws provisions.

15.2 Jurisdiction

Any disputes arising from or relating to these Terms or the Platform that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands, unless mandatory consumer protection rules (consumentenrecht) require otherwise. Before initiating legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiation for a period of at least thirty (30) days.

15.3 Alternative Dispute Resolution (Consumers)

If you are a consumer within the meaning of EU consumer protection law, you may also be entitled to submit a dispute to alternative dispute resolution (ADR) via the European Commission's Online Dispute Resolution (ODR) platform, accessible at: https://ec.europa.eu/consumers/odr. This is without prejudice to your right to bring proceedings before the competent courts.

16. Modifications to Terms

FITS-LIST reserves the right to modify, amend, or replace these Terms at any time. In the event of material changes, FITS-LIST will:

• Provide at least thirty (30) days' advance notice before the modified Terms take effect;
• Communicate such changes via email to the email address associated with your account and/or through a prominent notice on the Platform.

Your continued use of the Platform after the effective date of the modified Terms constitutes your acceptance of the updated Terms. If you do not agree with the modified Terms, you must discontinue your use of the Platform and close your account before the effective date.

Non-material changes (such as typographical corrections or formatting updates) may be made without prior notice.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms, which shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the intent of the original provision, to the extent permitted by applicable law.

18. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and FITS-LIST with respect to the subject matter hereof, superseding all prior or contemporaneous oral or written communications, proposals, and representations.
• Waiver: The failure of FITS-LIST to enforce any provision of these Terms shall not constitute a waiver of such provision or the right to enforce it at a later time.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without the prior written consent of FITS-LIST. FITS-LIST may assign its rights and obligations under these Terms without restriction.
• No Third-Party Beneficiaries: These Terms do not confer any rights or remedies upon any person or entity other than the parties hereto.
• Language: These Terms are drafted in English. In the event of any discrepancy between the English version and any translation, the English version shall prevail.

19. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Platform, please contact us at:

• Company: FITS-LIST by FITS Group (FitsList B.V.)
• Address: Kattegat 50-K, 9723JP Groningen, The Netherlands
• KvK Number: 97928534
• VAT Number: NL868292229B01
• Email: Info@fits-list.com
• Platform: Contact us through the in-app support feature