General terms and conditions

1. Kreatory is a web-based placement platform for advertising orders. Companies and agencies (hereinafter companies and clients) are offered the opportunity to award targeted advertising contracts to public figures (hereinafter influencers) with a wide reach on social media channels. These general terms and conditions apply to all legal transactions between the company, creator and the influencer. Kreatory's offer is only for companies within the meaning of § 14 BGB.
2. The current version of the terms and conditions at the time of conclusion of the contract applies.
3. Kreatory reserves the right to change or supplement these general terms and conditions for the future at any time in order to make adjustments to changed legal regulations or to add new services or change existing services. Information about the changes to the terms of use will be sent to the company by email no later than fifteen (15) days before they come into force. If the company does not object to the change before the day on which the change comes into force, the amended terms of use are considered accepted. The cancellation option and the deadline will be stated separately in the email. Active advertising orders will not be affected by the changes. If the company objects to the changes to the terms and conditions, Kreatory reserves the right to terminate the contractual relationship as soon as possible after processing all active advertising orders.
4. These general terms and conditions can be viewed and printed out on the website at any time.

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2. Contracting partner

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1. On the basis of these general terms and conditions, a legally binding contract is concluded between each company and Kreatory GmbH (hereinafter Kreatory). The provisions of these general terms and conditions apply to the use of the Kreatory platform via the kreatory.com websites and all subdomains of these domains.
2. By agreeing to these terms and conditions, the company also accepts the General terms and conditions our integrated payment service provider.
3. At the same time, the company confirms that all information provided by it on the platform is truthful and that the person responsible for the company does not use a name that he is not authorized to use. The company is also prohibited from impersonating another company. Information about the company must always be kept up to date.
4. A company is anyone who, using the company's data (company name and email address) and personal data, has registered as an admin (first and last name) on our website with a password and has agreed to the general terms and conditions and the privacy policy. It is assumed that the general terms and conditions and the privacy policy have been carefully read and understood. Registration is free of charge.
5. The admin confirms that he has the right to create a company account for the company.
6. The account can only be fully used if all further information about the company is provided after registration.
7. The company undertakes to comply with the applicable rules set out in these general terms and conditions. If the company violates the terms of use or if there is a suspicion that the platform is being misused, the company can be excluded from using the platform with immediate effect and cannot be resumed.
8. Kreatory may make the use of certain features subject to additional requirements and restrict features for specific companies. With the separate consent of the company, a fee may also be introduced for the use of certain functions.
9. The company itself is responsible for the password and its security. For your own safety, it should never be shared with third parties.
10. Kreatory reserves the right to verify certain companies for account creation.

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In principle, this contract regulates under which conditions companies can use the Kreatory Platform, as well as the establishment of advertising orders between companies and influencers, the terms of execution and payment processing. Liability relationships, confidentiality obligations, copyright relationships and data protection conditions are also clarified.

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1. An advertising assignment offers companies the opportunity to reach the relevant target group. Kreatory enables the company to find the right influencer with the target group relevant to the company's product, to award advertising orders to these influencers and to completely process the orders. Kreatory automatically checks the posts made. The company receives relevant information about each influencer before the campaign and, for each service performed by the influencer, a tracking report on the most important key figures of the advertising campaign.
2. The order description, requirements, conditions, implementation and implementation details as well as dos and don'ts are determined individually by the company as part of the order agreements. These provisions are generally binding for the influencer's order to be fulfilled and must be complied with.
3. Instead of placing an order by the company, Kreatory can create the order and have it approved by an authorized person from the company.
4. The company has the option to change or delete posted advertising orders before they are accepted.
5. Unless otherwise agreed, advertising contributions will be visible on the agreed platform for at least one year from the time of publication by the influencer.
6. The company is given the opportunity to view every published advertising post via a link after publication.
7. However, a company is not entitled to Kreatory's brokerage services. In particular, the company has no claim to find suitable influencers. Kreatory is not responsible for the content of advertising posts and has no obligation to review the content of advertising posts.

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1. Companies generally have two options for awarding advertising contracts to influencers and thus entering into a contract. The contract for an advertising order with the influencer is always concluded in the influencer's own name and on behalf of the influencer. Kreatory does not become a contract partner.
2. a) Advertising contract with application process

If the company places an advertising job with an application option, an influencer must first apply in order to receive the assignment. Pressing the “Apply now” button creates an offer from the influencer to the company. The company receives applications from influencers with the option to accept or reject these offers. Only the acceptance of an application by the company leads to a binding acceptance of the advertising order for the influencer. The influencer then has to carry out the task. The company will be notified of acceptance by email as an order confirmation.

There is a deadline for applications which ends at least two weeks before the first order to be performed. At least one week before the start of the first service to be provided, the company must accept or reject applications. All applications that have not been accepted will be considered rejected at the end of the above period. The company has the option to set the application deadline individually.

1. b) Advertising order as an immediate deal

In the case of an instant deal, the advertising order placed by the company already represents a binding offer. The offer is accepted by the influencer in a legally binding manner by pressing the “Accept Deal” button. The influencer then has to carry out the task. The influencer will be notified by email of the acceptance of the instant deal as an order confirmation.

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1. The company itself is responsible for posting advertising orders. In doing so, it must comply with all applicable laws and respect the rights of third parties. In doing so, the company must not infringe copyright and other ancillary copyright rights. The company is always prohibited from demanding advertising content from influencers that violates criminal law or fine regulations. In particular, the company is prohibited from demanding advertising from influencers which discredits products, services, brands, company names, people or companies in any form or to publish content about pornographic, racist, extremist, folk-mongering, violence-glorifying or otherwise inappropriate content.
2. To create an advertising order, the company must define the order agreements as precisely as possible so that the influencer knows what service he has to provide. In particular, deadlines can be set for advertising contributions to be published (period), terms, remuneration amount, product, media formats, content, social media channels, as well as other agreements (discounts, competitions, hashtags, links, links, etc.). The orders must be placed in German.
3. The company must ensure the functioning of provided external interfaces such as links, tracking pixels, etc.
4. In all implementation points not included in the order agreements, the influencer is in principle free to implement them in order to maintain their authenticity.
5. By making a justified request, the company can request that the influencer delete or change certain advertising contributions. This request is sent in text form to the affected influencer via the integrated chat. The request for amendment may be requested no more than one week after publication.
6. Once an advertising order has been placed, the company must send the advertised product and all agreed materials to the influencer. The company bears the costs for this. The company must ensure that all products and materials are delivered on time so that the influencer can meet the deadlines. If, in turn, the influencer is responsible for non-performance or poor performance, he bears the costs of a possible return of the product provided to the influencer as compensation as part of an advertising order.
7. After the contract has been awarded to an influencer, the company undertakes not to offer any further services outside the Kreatory Platform or enter into cooperation with this influencer. The company is also prohibited from contacting an influencer to whom an advertising order has already been placed via Kreatory. The integrated chat must be used for communication. No contact details may be required from the influencer.
8. The tax is not the responsibility of Kreatory and is entirely the responsibility of the company. The same applies to the payment obligations of social security contributions, pension insurance contributions, artists' social security contributions (KSVG) and other duties to be paid by law.

1. After an advertising order has been concluded, the amount of remuneration set out in the contract agreement may no longer be changed or negotiated. This component is a fixed part of the contract and is therefore unchangeable. The amount of remuneration also remains unaffected by supplementary provisions, ancillary agreements and ancillary agreements.
2. Amendments to the implementation instructions and requirements (variable components) contained in the order agreements as well as supplementary provisions, ancillary agreements and ancillary agreements that go beyond the order agreement can only be made via the Kreatory platform by mutual agreement between the company and the influencer in text form via the integrated chat. A separate contract is not required for this. These agreements always take precedence.
3. Kreatory enables communication between the influencer and the company for every assignment.
4. If there is no mediation on the platform, the company can contact Kreatory.

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1. The company itself decides on the advertising budget that should be paid to influencers as part of the order creation process.
2. An advertising order can include several services to be provided. In principle, an advertising contribution to be published (feed post, story post, reel, etc.) is understood as a service to be provided. In order to book advertising orders, it is mandatory to provide at least one payment method. The company has the option to choose between different payment methods, provided by our integrated payment service provider.
3. Payment to the influencer is due after all services of an advertising order have been provided upon issuance of the invoice. The influencer only charges for services provided if proof of the service provided has been provided. The company agrees to electronic invoicing. Kreatory is also entitled to issue the invoice on behalf of and for the account of the influencer and collect its claims from the company via our integrated payment service provider.
4. The company instructs Kreatory to transfer the remuneration to the influencer minus the service fee including sales tax to Kreatory by credit to the influencer's escrow account. For the transfer of the remuneration amount to the company's escrow account and the transfer of the payment to the influencer, the following apply General terms and conditions our integrated payment service provider. For payment, the company can choose the payment methods approved by the integrated payment service provider (debit card, credit card).
5. According to our price list The agreed license fee for using Kreatory is automatically collected depending on the agreed billing period and is automatically extended after the agreed billing period. In the dashboard, it is possible to cancel the booked subscription at any time during the current billing period and thus stop an automatic renewal.
6. The amount of total compensation that license fee As well as the amount of performance-based compensation amounts, they are net prices plus any applicable sales tax.
7. If the advertising order represents a Bartel deal, a Barter deal is free of charge per calendar year. The prices for other Barter deals can be found in the price information on our website. For Combi Deals, the Paid Deals regulations apply.
8. If not all of the services to be provided in an advertising order or all evidence are provided by the influencer, the company can claim back a product handed over as compensation. Products that are only provided for a limited period of time for advertising purposes and are not paid to the influencer as compensation must be returned to the company by the influencer after the advertising order has been executed. The company must bear the costs of returning the goods, unless otherwise specified in the order agreements. The company also bears the shipping costs of the products to influencers.

1. The contractual relationship between the company and Kreatory can in principle be terminated by both parties as follows and thus made ineffective for the future.
2. a) Cancellation via e-mail is possible.
3. b) The deletion of the account, originating from Kreatory, results in the termination of the contractual relationship. Kreatory reserves the right to exclude certain companies from using the platform if the platform is misused. Misuse occurs in particular in the event of false information, manipulation or terrorist financing. If these terms of use are violated, the influencer can be immediately excluded from use.
4. c) The deletion of the account, originating from the company, results in the termination of the contractual relationship. The company can delete its account itself or request that it be deleted at any time. The deletion of the account upon request is to be sent to the e-mail datenschutz@kreatory.com to ask.
5. If the termination declaration comes from the company, the contractual relationship only becomes ineffective when there are no longer any performance obligations arising from active advertising orders from the company. If the company simply chooses to deactivate the account, the data will not be deleted, the account will simply be shut down. The extraordinary right of termination remains unaffected.

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1. The company grants Kreatory the exclusive, temporally and spatially unlimited right of use as well as all exploitation rights for the information, data, materials and files provided by the company on our platform (image, video, audio, text material, etc.). In particular, Kreatory has the right to make all information, data and materials provided available to the public via our website and social media channels and to reproduce images, video and sound. The granting of rights is free of charge.
2. The company owns all rights to the information, data, materials and files provided to us in order to grant Kreatory the rights of use set out in these general terms and conditions.
3. All information, data, chat histories, information, files, texts, images, videos, icons as well as the design, structural structure of the platform, any source code and other materials made available on the Kreatory platform are the intellectual property of Kreatory and may in no case be copied, published on the Internet and social media, distributed, reproduced or otherwise used and exploited without written consent. The company undertakes to tacitly keep all of the above information about the order agreements and all other information that becomes part of a contract as part of an advertising order and not to make it available to the public.
4. If the company books influencers for a campaign in which the influencers have to publish the produced content on their own social media channels, the company does not acquire any rights to use and exploit the content created. After each campaign, however, the company is given the separate opportunity to purchase usage and exploitation rights to the content produced by the influencer upon request.
5. If the company asks the influencer about a campaign via Kreatory for a buyout and the influencer accepts this request, the influencer grants the company the exclusive, temporally and spatially unlimited right of use for the requested content as well as all exploitation rights for the information, data, materials and files (image, video, audio, text material, etc.) provided by the influencer. The rights are granted only after the agreed usage fee has been paid in full.
6. If the “Content Only Campaign” campaign is selected, the influencer does not have to publish the content on their own social media channels, but to make the content available to the company via Kreatory. In this case, the influencer grants the company the exclusive, temporally and spatially unlimited right of use as well as all exploitation rights for the information, data, materials and files (image, video, audio, text material, etc.) provided by the influencer. In particular, the company may use the content on its own social media channels, as a creative for paid ads, on websites, for newsletters and other marketing measures.

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1. Kreatory provides the platform's functionality and information service. The company has no right to uninterrupted and technically perfect availability.
2. Kreatory does not guarantee the completeness and accuracy of the information provided by the influencer in the order agreements.
3. Kreatory enables data-based mediation to find the right influencer. For matching, we focus on the characteristics of the influencer himself and on characteristics of the influencer's target group. We can't guarantee that we'll always find the best possible influencer for the product or service.
4. Kreatory is entitled to improve, modify and expand the platform at any time to carry out expansion, maintenance and repair work without the permission of the company.

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1. Kreatory is liable to the company for the breach of essential contractual obligations (cardinal obligations), for damage resulting from injury to life, limb or health and, in accordance with the Product Liability Act, in accordance with the statutory provisions, for compensation or reimbursement of futile expenses in the event of intent and gross negligence. Kreatory is only liable for slight negligence in the event of a breach of essential contractual obligations, limited to the damage foreseeable and typical of the contract at the time of conclusion of the contract.
2. Kreatory is only liable for loss of data and associated damage in accordance with the previous paragraphs and if the company itself could not have avoided this loss.
3. The limitations of liability apply mutatis mutandis to vicarious agents and legal representatives.
4. The influencer alone is responsible for providing the service in the form of advertising. Kreatory is not liable for the advertising content created by the influencer and its content, nor for the consequences of publication. Kreatory is also not liable for incorrect or incomplete information provided by influencers. Kreatory assumes no liability for the quality of the influencer's work or the suitability of the influencers. We do not provide any warranty, support and guarantees for the service to be provided by influencers. Kreatory is also not liable for default or breach of duty by the influencer towards the company and related claims for damages. The company is solely responsible for external links. Kreatory is not responsible for the functionality of these sources.
5. Kreatory is not liable for material or legal defects in delivered products that companies provide to influencers. Kreatory is not liable for damages for which the company is responsible. In particular, Kreatory is not liable for damage that occurs in connection with the delivery of the product to be advertised to the influencer.
6. Kreatory is not liable for damage caused by the company not handling its login details as necessary.
7. Kreatory is not liable for the artists' social security tax to be paid by the company to the competent authority.
8. If the company violates these terms of use, it is obliged to compensate Kreatory for the damage caused.

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1. Kreatory collects personal data from employees, executives or managers of the company as part of the registration process to use the platform and in particular when processing advertising orders. Kreatory complies with the provisions of the Federal Data Protection Act, the Telemedia Act and the EU GDPR.
2. Further information on data collection, processing and transfer as well as on cookies can be found in our privacy policy.

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1. The laws of the Federal Republic of Germany apply to contracts between Kreatory and the company, excluding the UN Sales Convention (CISG). The contract language is German.
2. Should individual provisions of this agreement be or become invalid in whole or in part, the validity of the remaining terms of use shall not be affected.
3. For out-of-court dispute resolution, the EU Commission has created an Internet platform for online dispute resolution. The platform serves as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. More information is available at the following link: https://ec.europa.eu/consumers/odr. According to § 36 VSBG, Kreatory is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
4. The place of jurisdiction for all disputes arising from this contractual relationship is the court at the headquarters of Kreatory.
5. Where available, the ineffective provisions shall be replaced by the corresponding statutory provisions or separate written agreements made with the consent of all parties involved.