Creator Terms and Conditions

Section 1 Basic Provisions ‍

(1) These Terms and Conditions govern the business relationship between the parties with regard to the creation of User Generated Content (UGC) for the products sent out by the Company.
(2) Unless otherwise agreed, the following contractual terms apply exclusively. Deviating or conflicting terms and conditions are only effective with the express consent of the parties and in written form.
(3) A collaboration begins with mutual confirmation or upon receipt of the briefing and ends automatically upon the complete provision of the service in accordance with the briefing.
(4) The parties are businesses within the meaning of Section 14 of the German Civil Code (BGB).

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Section 2 Services of the Creator ‍

(1) The Creator undertakes to create User Generated Content videos based on the briefing provided by the Company. The number of videos is defined individually in the briefing.
(2) Unless otherwise agreed, the Creator shall provide all content in its raw state, in the highest possible quality, without editing or using filters. The exact technical requirements are clarified in the briefing.
(3) Furthermore, the Creator undertakes to submit the services mentioned in paragraph 1 above to the Company by a previously determined date.
(4) The Creator undertakes to implement corrections within 4 days if significant deviations of the content from the briefing are identified.
(5) In the case of a barter deal agreement, the Company reserves the right to charge the Creator an administrative fee of up to 200 euros if the Creator does not submit the agreed content, which corresponds to the briefing, no later than 14 days after the product has been shipped.
(6) Products are not taxed on a flat-rate basis by the Company. The correct taxation of the products is the responsibility of the Creator.

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Section 3 Services of the Company ‍

(1) The Company is obligated to provide the Creator with the products and/or the necessary image and text material required for the fulfillment of this contract free of charge and in good time before the publication of the owed services mentioned in Section 2.
(2) The parties shall coordinate by mutual agreement on the specific design of the Creator's services. In doing so, the Company will provide the Creator with the specific requirements for the creation of the content in a timely manner.
(3) Insofar as products are provided to the Creator by the Company for the fulfillment of the contract, the Creator acquires ownership of these and may dispose of them freely even after the end of the contractual relationship.

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Section 4 Illness, Inability to Work‍

(1) If the Creator is unable to provide the services owed under Section 2 due to illness or another important reason, they are obligated to inform the Company immediately, but no later than within one day of becoming aware of the situation, regarding the circumstances and the expected duration of the impediment. Likewise, the Creator must notify the Company immediately once the impediment has ceased.
(2) After the impediment has ceased, the Creator is obligated to make up for the services owed under Section 2 immediately, but no later than within one week after the impediment has ceased, provided this is practical for the fulfillment of the contract.
(3) If a non-illness-related postponement of the deadline by the Creator is required, this is only permitted for an important reason and with the consent of the agency.
(4) In the event of termination of the cooperation, the Creator is obligated to return the products to the agency at their own expense.

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Section 5 Usage Rights for Image, Video, and Text Material

(1) The granting of usage rights for content created by the Creator is project-based and is agreed upon individually between the Company and the Creator. The scope, type, duration, and geographical reach of the usage are determined exclusively by the respective agreement with the Company's designated contact person.
If a time-limited usage is agreed upon, the usage period begins only upon the initial go-live / publication of the respective content.
Unless expressly agreed otherwise, the Creator grants the Company a simple, non-exclusive right to use the content covered by the contract, as required for the execution of the respective project. Any transfer of usage rights to third parties requires a corresponding project-based agreement.
(2) The Creator may use the image, video, and text material provided by the Company exclusively for the purpose of providing the services agreed upon within the scope of the respective project. For this purpose, the Creator receives a non-transferable and revocable right of use, limited in time to the duration of the project.

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§ 6 Confidentiality‍

(1) Each party shall treat all information and documents received from the other party in connection with the performance of this contract as confidential. Within their own organization, information and documents belonging to the other party may only be disclosed or made accessible to personnel who require such information and documents for the fulfillment of this contract. Neither party shall disclose information or documents of the other party to third parties without prior written consent, unless such third parties are bound by professional confidentiality obligations. If such consent is granted, the third party must be obligated in writing to maintain confidentiality in accordance with the provisions of this section prior to disclosure.
(2) The confidentiality obligation set forth in paragraph 1 above does not apply to information or documents that are generally known.
(3) The provisions of the Trade Secrets Act remain unaffected. Disclosure of the information sheet to third parties.

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§ 7 Data Protection ‍

(1) For the purpose of contract execution, the company shall collect, store, and transfer the creator's personal data—such as name, address, email address, and telephone number—to the managing agency in accordance with Article 6(1)(b) of the GDPR.
(2) The company guarantees compliance with the European General Data Protection Regulation (GDPR). For further information regarding data processing and the rights of data subjects, please refer to the company's privacy policy.