General terms and conditions of muvid GmbH (hereinafter also referred to as âweâ, âusâ or âmuvidâ) regarding the use of the online platform âwww.muvid.de/www.muvid.appâ by our customers (âcompanysâ or âcompaniesâ).
(a) First, the company selects the desired reach on the social media platform TikTok as part of the reach packages offered by muvid. The reach is calculated based on the number of views of the respective videos of the advertising mediums.
Example: The company books an advertising campaign with a reach of 1 million â measured by the number of views of the videos of the advertising mediums on the respective social media platform. This campaign may, for example, be fulfilled through 10 different advertising mediums with 100,000 views on each video.
The formal characteristics of the campaign are then determined by the company (such as the audio / music title and the start time of the campaign). The file types of the content are determined by muvid. The company itself provides the content to be advertised (music and audio content) as a link or mp3 file. One prerequisite for the acceptance and implementation of a campaign is that the audio / music title to be advertised has already been published on the TikTok platform. Furthermore, the company is obliged to provide a precise description and targeting of the campaign as per the muvid setting options.
(b) After its conclusion, the process described above shall apply as a legally binding contract with muvid.
(c) muvid will then check the feasibility of the order and reserves the right to refuse acceptance without providing a reason. An acceptance is always made in writing via email.
(d) After reviewing and accepting the contract offer, the data and content of the advertising campaign will be made available to the advertising mediums via the online platform âwww.muvid.de/www.muvid.appâ. The advertising campaign can then be processed by the advertising mediums in accordance with the information provided by the company, provided that one or more advertising mediums decide to take on the advertising campaign.
(e) muvid then forwards the companyâs campaign description to the advertising mediums, so that they may endeavor to carry out the campaign. Should an advertising medium respond to the campaign, muvid will automatically commission the party to participate in the campaign and create an advertising contribution. This advertising contribution from the advertising medium is then published on the advertising mediumâs social media channel.
(f) The advertising contribution shall be in the form of a video lasting at least 10 to 15 seconds in which the companyâs music and audio content is used and can be clearly heard.
(g) As soon as the companyâs booked reach is met by the advertising medium, the advertising campaign is ended and no additional advertising mediums are commissioned through muvid.
(h) Should not enough advertising mediums take part in the advertising campaign within 31 working days, so as to meet the companyâs booked reach, muvid reserves the right to withdraw from the contract. In this case, the company will be informed of the end of the campaign by email and a partial reimbursement will be made to the company based on the achieved reach.
(i) The company shall have no right to advertising contributions. Furthermore, the company shall not be entitled to specific implementations of the advertising campaign through the respective advertising medium. The advertising mediums shall be free, within the framework of muvidâs criteria, to decide on how the content of the company (e.g. the music) is used by them in their advertising contributions, as well as upon processing the respective advertising campaigns.
(j) muvid shall be free to stop and cancel advertising campaigns at any time and without giving reasons. In this case, the company shall receive a partial reimbursement of the booked reach budget (as per any unrealised reach).
(k) After receipt of due payments from the company for the booked reach package, the respective advertising campaign is registered via the online platform âwww.muvid.de/www.muvid.appâ, i.e. offered to the advertising mediums for possible processing and made visible accordingly on the online platform. There is no direct communication between the company and the advertising mediums.
(l) In case of a successful completion of the advertising campaign, the company shall be notified by muvid in writing. The advertising campaign shall be considered as having been accepted as of this point in time.
(m) After the campaign has ended, the company has the opportunity to see which advertising mediums were involved in the campaign. Direct communication between the company and the advertising medium is not possible.
(1) muvid allows the company to book advertising campaigns via a booking system or a personalized interface. Upon muvid accepting the booking, payment having been made and the formal criteria having been met, the advertising campaign is made visible to potential advertising mediums via the online platform.
(2) The pricing for the various reach packages is specified upon booking, all prices are calculated exclusive of value added tax and shall be paid directly upon conclusion of the contract.
(3) The price of the respective advertising campaign is based on the booked reach. The reach describes the cumulative number of views of the individual advertising mediums videos on the social media platform TikTok.
(1) Companies are not at liberty to accept or reject advertising contributions from advertising mediums; this is solely up to muvid. The company cannot exert any direct influence on the selection of advertising mediums and the manner in which the advertising contributions are carried out.
(2) muvid may withdraw from the contract, if an advertising medium fails to fulfill the agreement or should no advertising medium or an insufficient number of advertising mediums attempt to realize the reach for the company within 31 working days after the start of the campaign.
(4) The company cannot terminate the contract after receipt of payment. There is no entitlement to compensation, if a campaign is not completed in full or is canceled.
(5) Should a contract be terminated by muvid before completion, i.e. before the booked reach is realized, muvid undertakes to reimburse the company for the outstanding amount of the respectively unfulfilled reach.
Example: If only half (50%) of the booked reach is covered by advertising mediums, the company will receive reimbursement for half (50%) of the purchase price.
(1) Upon completion of the campaign by means of producing the respective advertising contributions, muvid undertakes to notify the company in regard to the advertising contributions having been carried out by the advertising mediums. This is done by submitting links to the advertising contributions.
(2) The company shall be entitled to share these advertising contributions without restriction in terms of location and time, naming the respective advertising medium, as well as to use these physically and non-physically in other ways. The business shall be liable for any violations in this respect.
(3) The company herewith grants muvid and the advertising mediums a non-exclusive, temporally and geographically unlimited right of use to the content (e.g. music) in connection with the campaign.
muvid and the advertising mediums shall accordingly be entitled to use and exploit the content in whole or in part as part of the performance of the contract (advertising campaign). In particular, muvid shall be entitled to place the content, which is made available by the company, on the platform, as well as to publish the same or to make it publicly accessible, to reproduce and distribute it.
In this context, the company guarantees that they are the owner of the rights required to fulfill the contract and that they are unreservedly entitled to transfer these rights to muvid and the advertising mediums in order to fulfill the respective advertising campaign. The company also guarantees that the content does not violate the rights of any third parties (in particular copyrights, ancillary copyrights, personal rights, trademark rights and design rights) and that the necessary consent has been obtained from all parties involved.
In this context, the company shall release muvid and the advertising mediums from all claims by third parties, in particular claims due to copyright, competition, trademark, data protection and personal rights violation, which may be submitted against muvid or the advertising mediums upon first request.
(1) Upon creating the order, the company enters a fixed campaign budget that will not be exceeded. The remuneration for the individual advertising mediums is negotiated and determined by muvid. This will not be disclosed to the company. Changes to services must be clarified in writing (email shall be sufficient) with muvid for all campaigns.
(2) All prices stated are exclusive of value added tax.
(3) There shall be no additional costs for the company once the invoice amount has been paid. All costs for the advertising mediums and muvidâs commission are already included in the price.
(4) Payment is due upon booking. Unless otherwise specified by the company, the advertising campaign will be made available to advertising mediums via the online platform within 5 working days of receipt of payment.
(5) The advertising campaign ends as soon as the companyâs budget has been used up, the booked reach has been met or the campaign period of 31 workingdays has expired.
(6) The data generated and registered by muvid (coverage figures) shall form the basis for the companyâs billing.
(7) muvid offers the following payment options to companies: bank transfer and PayPal.
(1) The company shall not be entitled to the continuous availability of the online platform âwww.muvid.de/www.muvid.appâ and the service. There is no entitlement to compensation in the event of failure of the online platform and the service, for whatever reason. However, muvid endeavors to offer a trouble-free operation of the online platform. Naturally, this is limited to services that muvid is able to influence. In this respect, the company acknowledges that complete, uninterrupted availability of the online platform is not always technically feasible. However, muvid endeavors to keep the online platform available as permanently as possible. There shall be no entitlement to this.
(2) In the event of defects, the statutory provisions shall apply, unless they contradict the General Terms and Conditions.
(3) The advertising mediums will choose to develop advertising campaigns in accordance with the quality standards established by muvid in connection with the implementation of advertising contributions. muvid reserves the right to have advertising contributions re-made by the advertising mediums, should they deviate from the requirements of the General Terms and Conditions and common quality standards.
(5) In relation to the respective advertising campaigns, muvid shall not guarantee that certain target groups or users will be reached.
(6) In addition, muvid does not guarantee that the advertising campaigns will lead to certain economic success (regardless of the magnitude) or any other form of success for the company.
(7) The company shall be obliged to notify muvid of obvious defects without delay, otherwise the guarantee shall be excluded.
(1) muvid shall be fully liable for gross negligence, intent and personal injury. Liability shall be limited to contractual damages.
(2) muvid shall not be liable for the loss of data or in case of force majeure.
(3) muvid shall not be liable for any content provided by the companies or the advertising mediums.
(4) muvid shall not be liable for missing advertising labels on the companiesâ or advertising mediumsâ social media channels.
(5) muvid assumes no liability for the dispatch of materials from the companies to the advertising mediums. (Transport damages, theft, etc.)
(1) Unless agreed otherwise, and if the company fails to submit objections in writing (e-mail) to muvid in advance, the company agrees to act as a promotional reference for muvid. Accordingly, muvid shall be entitled to use all publicly available data and labels (or similar) of the company when publishing advertising references, as well as to refer to the company in the context of its corporate identity (including company label).
(1) The company undertakes to treat all information made available within the framework of the contract on matters relating to muvid confidentially, which are marked as confidential or which are recognisable as confidential from the point of view of an objective observer; as well as business and trade secrets, in particular, but not exclusively, information, data, ideas, concepts and business models of muvid.
(2) The company is expressly not permitted to publish confidential information or to commit culpable violations.
(3) Should the company act contrary to these regulations, muvid will take legal action.
(1) muvid uses the data of the companies and the advertising mediums, so as to process the advertising campaigns.
(2) muvid does not forward any data to third parties.
(3) muvid grants companies the opportunity to view, change or remove profile data. Further information about data protection and the resulting rights for data subjects can be found on the muvid homepage.
(1) The law of the Federal Republic of Germany shall apply to all contracts. The contract language is German.
(2) In case of disputes based on the contractual relationships, the place of jurisdiction shall be Bochum.
(3) muvid reserves the right to adjust the General Terms and Conditions at any time. The companies will be notified of changes, additions or new versions of these General Terms and Conditions in good time by email before they come into force. As far as the company fails to submit written objections within two weeks of receiving the information (email shall be sufficient), the amended General Terms and Conditions are deemed to have been accepted. In the event of an adjustment, the amended conditions will be published on muvid.
(4) Should individual provisions of the General Terms and Conditions not be effective, the remaining General Terms and Conditions shall still apply. Ineffective parts shall be replaced by legally valid regulations.
(5) muvid shall be entitled to transfer this contract with all its rights and obligations to another company. The transfer will take effect 30 days after notification to the company. Should this contract be transferred to another company, the company shall be entitled to a special right of termination, which must be exercised in writing to muvid within one (1) week of notification (email shall be sufficient).
General terms and conditions of muvid GmbH (hereinafter also referred to as âweâ, âusâ or âmuvidâ) regarding the use of the online platform âwww.muvid.de/www.muvid.appâ by our users (creators & influencers, hereinafter also referred to as âadvertising mediumsâ).
(1) Companies have the option of using the online platform âwww.muvid.de/www.muvid.appâ provided by muvid to have advertising material for advertising campaigns produced by advertising mediums. The advertising campaigns are offered to various advertising mediums (creators & influencers) via the platform. The advertising mediums may voluntarily choose from the respective advertising campaigns and participate in them. The advertising mediums create advertising contributions for the respective advertising campaigns. Only entrepreneurs, i.e. natural or legal persons or legal partnerships who, when concluding a legal transaction, are exercising commercial or independent professional activities, shall be entitled to enter into a contract with muvid as advertising mediums.
(2) The muvid General Terms and Conditions shall apply exclusively. Any deviating terms and conditions of the advertising medium must be communicated to muvid and approved by muvid accordingly.
(3) Individual agreements with an advertising medium shall take precedence over the General Terms and Conditions. Written confirmation from muvid is required for such an agreement.
(4) The advertising medium must forward legally relevant declarations or advertisements to muvid in writing.
(5) The statutory provisions of the Federal Republic of Germany shall apply, unless adapted or excluded as part of these General Terms and Conditions.
(1) The advertising medium shall only provide truthful data.
(2) The advertising medium must be at least 18 years or at least 16 years old upon registering. If the advertising medium is at least 16 years old and has not yet reached the age of 18, then the advertising medium must obtain the consent of their legal guardian to participate on this platform.
(3) The advertising medium shall register with only one (1) account.
(4) Advertising mediums may connect their social media with muvid, depending on whether muvid offers a connection for the respective social media platform. Otherwise, the advertising mediumsâ social media profile will be verified using a different technical method.
(5) The advertising medium is not allowed to pass on their muvid account to other people or companies.
(6) The advertising medium shall be responsible for protecting their password; they shall not be permitted to pass the password on to other parties.
(7) The advertising medium shall not be permitted to introduce harmful content such as viruses or Trojans to the muvid system. Should this happen nevertheless, the advertising medium shall be immediately excluded from muvid and will have to pay damages or compensate muvid for any damages incurred.
(8) The advertising medium shall refrain from disseminating false information about muvid, which may be damaging to business.
(9) The advertising medium undertakes to recognise and adhere to the General Terms and Conditions and regulations of muvid. In the event of violations, the advertising medium will be excluded from using muvid.
(10) The advertising medium may request the deletion of their account on request. For this purpose, the advertising medium must contact muvid in writing (email shall be sufficient). A deletion will take place within the next 15 working days.
(11) muvid reserves the right to exclude advertising mediums from the platform at any time. The advertising medium shall not be entitled to use the platform. Should an advertising medium be excluded, the remaining credit will be paid out to the advertising medium, unless the exclusion is due to a culpable violation of the provisions and rules of these General Terms and Conditions by the advertising medium. The business relationship between muvid and the advertising medium is definitely ended after an exclusion.
(1) muvid offers advertising mediums the opportunity to participate in advertising campaigns offered by companies. The advertising mediums may voluntarily choose which advertising campaigns to participate in. The advertising campaigns are product placements with the aim of placing music and audio content in the videos produced by the respective advertising mediums.
By participating in an advertising campaign, the advertising medium shall be obligated to carry out an according product placement as part of an advertising contribution in accordance with the rules of muvid and the requirements for the respective advertising campaign.
(2) Product placements:
(a) The advertising contribution is created at the discretion of the advertising medium and in accordance with muvids General Terms and Conditions. The companies have no influence on the design of the advertising content, the design lies solely within the responsibility of the advertising medium in compliance with muvids rules (see also §5).
(b) The advertising campaigns made available on the online platform are non-binding. Advertisers can choose which advertising campaigns to participate in. The remuneration of the advertising medium for participating in an advertising campaign through the creation of an advertising contribution is fixed and non-negotiable. The necessary data on the amount of the fee and the description of the product are made available on an offer page for all advertising campaigns.
(c) The advertising medium may choose from various campaigns and participate in advertising campaigns by pressing the âpromoteâ button. By clicking the âpromoteâ button, the advertising medium agrees to the terms and conditions of these advertising campaigns, as well as these General Terms and Conditions.
(d) The advertising medium then receives a confirmation of participation and further information about the advertising campaign through the platform. The advertising medium may then immediately start creating an according advertising contribution. The advertising contribution must comply with muvids General Terms and Conditions (see also §5).
(e) By participating in a campaign, the advertising medium undertakes to produce the required advertising contribution within 72 hours, as well as to publish it on their TikTok / social media profile. After the publication, the advertiser must immediately inform muvid of the publication of the advertising contribution by submitting a TikTok link.
(f) If the advertising contribution is not published within 72 hours and submitted to muvid by sending a video link, the advertising mediumâs participation and the right to remuneration shall be forfeited. In this case, a renewed participation in the advertising campaign shall be possible, provided that the advertising campaign has not already ended during this period.
(g) Published advertising material must be publicly visible on the advertising mediumâs account for at least 90 days. The advertising contributions may only be prematurely removed from the advertising mediumâs TikTok / social media profile with the express permission of muvid.
(h) The advertising medium shall not be permitted to bypass muvid, as well as to make further offers to the company regarding the advertising campaigns on muvid.
(i) Regarding the created advertising contribution, the advertising medium shall grant non-exclusive and transferable exploitation rights for further use (physical and non-physical) to muvid and the company, which shall be unrestricted in terms of location and time. Upon payment of the fee as per §4, the aforementioned transfer of rights shall be regarded as having been fully settled.
(j) The advertising medium may be excluded from advertising campaigns by muvid at any time.
(1) The respective remuneration of the advertising medium is listed in the advertising campaigns. The listed fee does not include commission and is not subject to any further direct deductions by muvid. Any other deductions shall be subject to the statutory provisions of the Federal Republic of Germany and the conditions of the payment providers.
(2) The remuneration for the individual advertising contributions is only credited to the advertising medium after publication of the advertising contribution and a successful quality control by muvid on their TikTok / social media profile.
(3) Should an advertising contribution fail to meet the quality criteria (see §5), muvid shall be entitled to refrain from paying the advertising medium or may suspend payment until the respective advertising contribution meets the quality criteria.
(4) The advertising medium may request a pay-out of their fee upon reaching a balance of at least $25 (US Dollars).
(5) For payment of the remuneration, the advertising medium shall be obliged to truthfully provide all the necessary billing information through the platform. It is only then that muvid may automatically generate invoices and facilitate a correct pay-out.
(6) Payment and invoicing may be initiated by the advertising medium via the platform by pressing the âPay Me Nowâ button. Payments are made in US dollars, EUR or another selected currency.
(7) The advertising mediums are paid within 5 working days. For this, the advertising medium must first provide their full personal billing information (such as name, Tax ID, VAT number and address) to muvid. Should the billing information be incomplete, muvid shall be entitled to suspend the payment until all necessary information is made available by the advertising medium within the framework of the platform.
(8) The advertising medium shall be responsible for the taxation of the money paid out by muvid.
(1) The advertising contributions will be short videos created by the advertising medium independently and at their own risk, which are then published on the social media platform TikTok. In particular, on the profile of the muvid user which he has verified accordingly with his muvid profile.
(2) The short videos are to be created in a 9:16 format and in high image quality (min. 720p).
(3) The short videos must be at least 15 seconds long.
(4) The content to be advertised (music & audio content) must be heard loud and clearly and be a clear component of the advertising contribution. The original sound (content) must always be used. Mixing the sound with other sounds can lead to the exclusion of the advertising contribution.
(5) The advertising contributions must comply with the community guidelines of the social media platforms (TikTok).
(6) It is mandatory for the advertising medium to use the Hashtags of the advertising campaign in the description of his advertising contribution.Â
(6) Double advertising / multiple advertising in individual advertising contributions is prohibited. This means that an advertising medium may not place several products in one advertising contribution (e.g. advertise music and items of clothing at the same time in one advertising post/video).
(1) Should an advertising contribution violate the conditions of the advertising campaigns or requirements as per §5 or the community guidelines of the social media platforms, muvid reserves the right to reject such an advertising contribution without giving reasons.
(2) The rejection of an advertising contribution may lead to the advertising medium
(a) being asked to create and submit a new advertising contribution in accordance with the requirements of §5. Should the new advertising contribution be submitted by the advertising medium within 72 hours and accepted by muvid, the respective remuneration will be credited to the advertising medium.
(b) being excluded from the campaign. In this case, the advertising mediumâs claim to remuneration shall expire. The same applies if muvid learns about a violation by the advertising medium afterwards. In this case, muvid expressly reserves the right to reclaim the fee already paid to the advertising medium. Irrespective of this, muvid reserves the right to assert any additional claims for damages against the advertising medium.
(1) The advertising medium shall not be permitted to delete the advertising contributions from their social media channel before the specified deadline. This period shall be 90 days.
(2) The transfer of an account shall only be permitted, if the advertising medium has received prior written consent from muvid (e-mail shall be sufficient).
(3) muvid may prohibit advertising media from using the platform âwww.muvid.de/www.muvid.appâ. Especially when the public presence or the statements of the advertising medium are damaging to business and immoral and/ or violate public order and/ or moral ethics.
(4) The advertising medium must independently label advertising as such on the respective platforms. muvid cannot be prosecuted in case of a failure to label the same. In this context, the advertising medium shall release muvid from all third-party claims.
(1) muvid and the companies shall be allowed to use the advertising contributions of advertising mediums for an unlimited period of time. The advertising medium is recognised by muvid as the originator. muvid and the company shall be granted unlimited usage rights from the author (see also §3 (i)).
(2) The advertising medium herewith confirms that they hold the necessary rights for all materials that are used to create the advertising contribution. This may, for example, refer to image or video material. In this respect, the advertising medium guarantees that the advertising contributions they create do not violate the rights of third parties (in particular copyrights, ancillary copyrights, personal rights, trademark rights and design rights) and that the necessary consent has been obtained from those involved.
(3) The advertising medium is furthermore obligated not to use any illegal materials in the production of the campaign.
(4) muvid may withdraw from the contract, if the advertising medium violates any of the above regulations. Furthermore, muvid shall not be liable to third parties, should the advertising medium commit a violation towards third parties.
(1) Should muvidâs service be interrupted, there shall be no claim against the advertising medium or the company. In this respect, the advertising medium has no claim to continuous availability of the platform and the service. There is no claim to compensation in the event of a failure of the platform and the service, for whatever reason. However, muvid endeavors to ensure a trouble-free operation of the platform. Naturally, this is limited to services that muvid is able to influence. In this respect, the advertising medium acknowledges that complete, uninterrupted availability of the platform is not always technically feasible. However, muvid endeavors to make the platform available as permanently as possible. There shall be no entitlement to this.
(2) The statutory provisions apply, unless agreed otherwise in the General Terms and Conditions.
(3) muvid assumes no liability for the correct registration of data.
(4) The advertising medium undertakes to manufacture the product in accordance with muvidâs requirements, and including the requirements of the respective social media platform.
(1) muvid shall be fully liable for gross negligence, intent and personal injury. Liability shall be limited to contractual damages.
(2) muvid shall not be liable for the loss of data.
(3) Furthermore, muvid shall not be liable for content provided by the companies and advertising mediums.
(4) muvid shall not be liable for missing advertising labels on the companiesâ and advertising mediumsâ respective social media channels. The advertising mediums shall be responsible for this and must release muvid from any third-party claims in this context.
(5) When forwarding company materials to the advertising medium, muvid shall assume no liability (transport damages, theft, etc.).
(6) The advertising medium shall be liable towards muvid for violations of the General Terms and Conditions.
(1) The advertising medium must maintain confidentiality regarding the content of the contract and any information forwarded to them.
(2) The advertising medium may not publish any business-relevant information.
(1)Â muvid will use the data of the companies and advertisers exclusively for the purpose of processing the contract and will not disclose any data to third parties not involved in this process.
(2) The advertising mediums may view, amend or remove their data on muvid.
(3) Further information on data protection may be found in muvidâs privacy guidelines.
(1) The law of the Federal Republic of Germany shall apply to all contracts. The contractual language is German.
(2) In case of disputes in relation to the contractual relationships, the place of jurisdiction shall be Bochum.
(3) muvid reserves the right to amend the conditions of participation at any time. The advertising mediums will be notified of changes, additions or new versions of these General Terms and Conditions in good time by email before they come into force. Should the advertising medium fail to object in writing within two weeks of receiving the information (email shall be sufficient), the amended General Terms and Conditions shall be deemed as having been approved.
(4) Should individual provisions of these General Terms and Conditions be ineffective, the remaining General Terms and Conditions shall still apply. Ineffective parts shall be replaced with legally valid regulations.
(5) muvid shall be entitled to transfer this contract with all its rights and obligations to another company. The transfer will take effect 30 days after notification to the advertising medium. Should this contract be transferred to another company, the advertising medium shall be entitled to a special right of termination, which must be exercised in writing to muvid within one (1) week of notification (email shall be sufficient).
