1. General

1.1 These General Terms and Conditions (T&Cs) are applicable to all contracts between the platform and the client concerning the facilitation and organisation of advertising services performed by the platform’s partners (e.g., influencers).

1.2 The platform facilitates and organises advertising services, including but not limited to, the creation and publishing of media content (e.g., graphics, videos, social media posts) by partners.

1.3 The contractor does not enter into contracts with consumers or private individuals, targeting only B2B customers.

1.4 The contractor may employ subcontractors but remains the sole contractual partner of the client and is responsible for service delivery. Subcontractors are engaged only if it benefits the client's interests.

1.5 No other terms apply besides these T&Cs unless explicitly agreed in writing.

1.6 Divergent T&Cs from the client will only be acknowledged if the contractor expressly agrees to them.

2. Subject and Scope of Agreement

2.1 The platform provides services in the facilitation, organisation, and processing of advertising services between the client and the platform’s partners.

2.2 The platform remains the sole point of contact for the client throughout the collaboration and manages communication with partners (e.g., influencers). Direct contact between the client and partners is not allowed without prior platform consent.

2.3 Advertising services can include creating and publishing media content on social networks and other measures, which are agreed individually. The exact scope of services is agreed individually between the parties.

2.4 The platform’s partners deliver the agreed advertising services according to the requirements set by the platform and the client.

2.5 The platform does not guarantee the success or performance of the advertising campaigns. The contractor is not bound by the client’s instructions regarding the nature, place, or timing of service delivery but determines these to achieve optimal efficiency.

3. Client's Duty to Cooperate

3.1 The client is obliged to provide the platform with all necessary information, materials, and content required for executing the advertising actions promptly.

3.2 Delays due to incomplete or late cooperation by the client entitle the platform to adjust agreed deadlines accordingly and do not result in contractor liability.

4. Remuneration and Payment Terms

4.1 Compensation for the agreed advertising services is individually arranged and includes both the platform’s facilitation and organisational services and the partners' remuneration. All payments are made exclusively to the platform, which then distributes payment to partners.

4.2 Payment is due before service delivery. For time-based remuneration, payment occurs after each respective period. In long-term or multi-phase projects, remuneration can be settled proportionately after each completed phase.

4.3 The invoice is sent via email immediately upon partner confirmation with payment. Cancellations or refunds are excluded. This also applies to changes in campaign objectives by the client.

5. Right of Withdrawal

5.1 No Right of Withdrawal according to § 312g paragraph 2 No. 1 BGB

Since the platform’s services are tailored to the client's business needs and implemented directly upon order, there is no right of withdrawal. This aligns with the legal provision for customised services.

5.2 Finality of the Agreement

After payment authorisation, cancellations or refunds are excluded. This also applies to changes in campaign objectives by the client. An exception is only granted upon partner’s rejection of the order.

6. Liability and Indemnity

6.1 Limitation of Liability

The platform does not guarantee the success of campaigns or achievement of specific results, including performance of influencers and potential economic losses.

6.2 Legal Compliance of Campaigns

All campaigns adhere to applicable laws and platform guidelines. The platform assumes no responsibility for breaches resulting from client instructions or influencers.

6.3 The platform is only liable for damages in cases of intent or gross negligence according to §§ 276, 278 BGB. For minor negligence, the platform is only liable for the breach of essential contractual obligations whose fulfilment is crucial for achieving the contract's purpose (cardinal obligations).

6.4 The client indemnifies the contractor against all third-party claims arising from the client’s breach of these T&Cs or applicable law.

7. Contract Duration and Termination

7.1 The contract is concluded for an indefinite period.

7.2 Both parties can terminate the contract at any time. The prohibition of circumvention transactions lapses after the termination notice period.

8. Confidentiality and Data Protection

8.1 Both parties commit to treating all information received within the contractual relationship as confidential.

8.2 The platform processes the client's personal data in compliance with statutory provisions, especially GDPR.

9. Final Provisions

9.1 Amendments or additions to the contract must be written.

9.2 If any provision of these T&Cs is ineffective, the remaining provisions remain unaffected.

9.3 The law of the Federal Republic of Germany applies. The place of jurisdiction is the platform’s registered office.