Terms and Conditions for Productions of kurt creative S.L.
Version: 9 September 2026
Part A – General B2B Terms and Conditions
§ 1 Provider and Scope
(1) The provider and contractual party is:
kurt creative S.L.
Calle Princesa 31
Planta 2, Puerta 2
28008 Madrid
Spain
Represented by its Sole Administrator (Administrador único): Kurt Woischytzky
NIF: B25876384
VAT identification number: ESB25876384
Email: office@kurtcreative.com
(2) These General B2B Terms and Conditions apply to all contracts between kurt creative S.L. – hereinafter referred to as the “Provider” – and its business customers – hereinafter referred to as the “Customer” – unless expressly agreed otherwise.
(3) The Provider’s services are exclusively intended for natural or legal persons entering into the relevant contract for purposes relating to their trade, business, self-employed activity or other professional activity.
(4) Services may also be provided to natural persons who purchase them exclusively in preparation for a specifically planned self-employed or entrepreneurial activity. By entering into the contract, the Customer confirms that the relevant service is purchased exclusively for such professional or business purposes.
(5) The Provider does not enter into contracts with consumers. Mandatory statutory provisions remain unaffected if, contrary to their declaration, a person is in fact acting predominantly for private purposes.
(6) Any deviating or conflicting terms and conditions of the Customer shall not become part of the contract unless the Provider has expressly agreed to their application. Performance of services without reservation shall not constitute acceptance of such terms.
§ 2 Contractual Documents, Special Terms and Order of Precedence
(1) Additional special contractual terms apply to individual areas of business, in particular productions, consulting and training, and Software-as-a-Service and other digital services.
(2) Where a contract includes services from several areas of business, the respective special terms shall apply alongside one another to the relevant part of the services.
(3) In the event of any conflict between contractual documents, the following order of precedence shall apply:
- individually negotiated and expressly agreed contractual provisions,
- the individual proposal or order confirmation, including the specific description of services,
- the special contractual terms applicable to the relevant area of business,
- these General B2B Terms and Conditions.
(4) Individual descriptions of services shall take precedence over general product or service descriptions on websites, in presentations, brochures or other informational materials.
(5) These Terms and the respective applicable special terms shall be made available to the Customer before conclusion of the contract. In the case of electronic contracting, they shall be provided in a form that allows the Customer to save and reproduce them.
(6) As a rule, the version of the Terms made available to and accepted by the Customer at the time the relevant contract is concluded shall form part of that contract.
§ 3 Offers and Conclusion of Contract
(1) Offers, price information and descriptions of services on websites, in presentations, on social networks or in other general informational media of the Provider are generally non-binding and constitute an invitation to the Customer to submit an offer, unless expressly identified as a binding offer.
(2) In the case of individually prepared proposals, the contract is concluded when the proposal is accepted within the period of validity specified therein. Acceptance may in particular take place by signature, electronic confirmation or email.
(3) In an electronic ordering process, the Customer submits a binding contractual offer by clicking the appropriately labelled order button, unless the ordering process expressly provides that the contract is concluded immediately upon completion of the order.
(4) The Provider may accept a contractual offer in particular by expressly confirming the order, activating a booked digital service, commencing the expressly commissioned service or making another clear declaration of acceptance.
(5) An automated acknowledgement of receipt generally confirms only receipt of the order. It shall constitute acceptance of the contract only where this is made clear in the acknowledgement.
(6) Before accepting an order, the Provider may request reasonable information necessary to verify the Customer’s identity, business status, creditworthiness, project requirements or the legal or technical feasibility of the service.
§ 4 Scope of Services
(1) The nature and scope of the services owed are determined primarily by the individual proposal, the order confirmation, the agreed description of services and the applicable special contractual terms.
(2) The Provider owes only those services, work steps, functions, deliverables, usage rights, access rights or other results that have been expressly agreed or are objectively necessary for the expressly agreed service.
(3) Additional services, changes or extensions exceeding the agreed scope shall be charged separately.
(4) Unless a specific result has been expressly agreed, the Provider owes professional performance of the agreed service but does not guarantee any particular commercial, editorial or other business outcome.
In particular, unless expressly agreed, no specific revenue, profit, reach, number of views or downloads, ranking, leads, conversion rates, platform approvals, search-engine positions or comparable results are guaranteed.
§ 5 Prices, Taxes and Invoicing
(1) Unless expressly stated otherwise, all prices quoted to Customers are net prices.
(2) Where Spanish VAT (IVA), another form of VAT or a comparable statutory levy applies, it shall be added at the applicable statutory rate.
(3) Where the reverse-charge mechanism, a tax exemption or another VAT treatment applies to a cross-border service, invoicing shall be carried out in accordance with the applicable tax rules.
(4) The Customer must provide all business, address, tax and VAT information necessary for correct invoicing fully and accurately and must promptly notify the Provider of any changes.
(5) Costs of external service providers, licences, media, travel, accommodation, platforms, APIs or other third-party services are included in the agreed remuneration only where expressly agreed.
(6) Invoices may be issued electronically unless mandatory law requires otherwise.
§ 6 Payment Terms and Late Payment
(1) Unless another permissible payment period is stated in the individual proposal, contract or invoice, invoices are payable in full within 14 calendar days of receipt.
(2) The Provider may require reasonable advance payments, deposits, instalments or full prepayment where provided for in the proposal, ordering process or special contractual terms.
(3) For ongoing or recurring services, recurring advance payment or automatic charging of the agreed payment method may be agreed.
(4) In the event of late payment, the applicable statutory B2B late-payment rules shall apply, including statutory default interest and legally prescribed recovery costs.
(5) If the Customer is in material default with a due payment, the Provider may, following reasonable prior notice, suspend further performance until payment has been made in full, to the extent appropriate in view of the nature and circumstances of the contract.
(6) Any justified suspension shall extend agreed performance periods accordingly. Claims for remuneration for services already performed remain unaffected.
(7) To the extent permitted by law, the Customer may set off claims against the Provider only against due counterclaims that have been acknowledged by the Provider, are undisputed or have been finally adjudicated.
§ 7 Customer Cooperation Obligations
(1) The Customer shall perform all acts of cooperation necessary for proper performance of the services in a timely and complete manner.
These may include in particular the provision of information, briefings, files and other materials, necessary approvals, decisions, accounts, APIs, interfaces, authentication, feedback and contact persons.
(2) The Customer is responsible for the accuracy, completeness and currency of the information it provides, unless verification of such information is expressly included in the scope of the engagement.
(3) Performance periods shall commence only once all necessary cooperation has been provided.
(4) If performance is delayed due to late or incomplete cooperation by the Customer, performance periods shall be extended at least by the duration of the resulting delay. The Provider is not required to reserve originally scheduled capacity indefinitely.
(5) Additional work resulting from a delay attributable to the Customer, including renewed familiarisation or technical adjustment, may be charged separately.
§ 8 Employees, Subcontractors and Third-Party Providers
(1) The Provider may use employees, freelancers, affiliated companies and suitably qualified subcontractors and service providers to perform the services.
(2) Where such persons obtain access to confidential information, the Provider shall ensure appropriate confidentiality obligations.
(3) Where personal data is processed on behalf of the Customer, applicable data-protection law and, where relevant, a data processing agreement shall apply.
(4) Certain services may depend on independent platforms, APIs, hosting providers, AI models or other third-party services.
(5) Where the contract for a third-party service exists directly between the Customer and the third party, the Provider is not a party to that third-party contract and is not responsible for independent decisions, changes, prices or outages of the third party.
(6) Liability for the Provider’s own culpable conduct remains unaffected.
§ 9 Confidentiality
(1) Each party shall keep confidential all confidential information of the other party that becomes known to it in connection with the cooperation and shall use such information solely for the purposes of performing the contract.
(2) Confidential information includes in particular non-public business and operational information, strategies, concepts, calculations, technical documentation, access credentials, internal processes, customer information, unpublished content and production materials.
(3) Information is not confidential where it was already lawfully public, becomes public without a breach of confidentiality, was already lawfully known to the receiving party, was lawfully disclosed by an authorised third party or was independently developed.
(4) Disclosure to employees, subcontractors and advisers is permitted where they require the information for performance of the contract and are subject to appropriate confidentiality obligations.
(5) Disclosures required by law or public authority remain permitted.
(6) The confidentiality obligation shall continue for five years after termination of the contract. Trade secrets shall remain protected beyond that period for as long as they qualify for statutory protection.
§ 10 Intellectual Property and Pre-Existing Rights
(1) Each party retains all rights to materials, trademarks, content, software components, methods, concepts, technologies, templates, processes and know-how that belonged to it before commencement of the contract or were developed independently of the contract.
(2) Rights in specific work products are governed by the individual contract and the special contractual terms.
(3) The Customer grants the Provider the non-exclusive rights necessary for contractual performance to use, reproduce, technically process, edit, store and transmit the content supplied by the Customer.
(4) The Customer warrants that it is entitled to grant those rights.
(5) Where the Provider creates individual work products, any agreed grant of rights shall generally take effect only upon full payment of the remuneration owed for the relevant work product.
(6) Pre-existing tools, templates, libraries, production methods, software, automations, workflows, prompts, internal systems and technical know-how shall not be transferred merely because they are used in performing the services.
§ 11 Lawfulness of Customer Instructions and Content
(1) The Customer may not request unlawful services or supply materials, content, data or instructions whose contractual processing would violate applicable law or third-party rights.
(2) This includes in particular copyright, trademark, personality, data-protection and other intellectual-property rights as well as statutory and sanctions-related restrictions.
(3) Where there are reasonable indications of unlawfulness, the Provider may suspend the relevant activity pending clarification or refuse to perform it.
(4) In the event of a material legal or contractual breach attributable to the Customer, the affected contract may be terminated for cause.
§ 12 Performance Periods and Force Majeure
(1) Dates shall constitute binding fixed deadlines only where expressly agreed as such. Other time indications are planning or target dates.
(2) Performance periods are conditional upon timely fulfilment of required cooperation obligations and any agreed advance payments.
(3) Where a party is unable to perform, or can perform only with material delay, due to an event outside its reasonable control that could not have been prevented despite appropriate precautions, it shall not be liable for the delay directly caused by that event.
(4) Such events may include natural disasters, war, terrorism, serious civil unrest, governmental measures, general strikes, pandemics, widespread failures of energy, telecommunications or internet infrastructure and serious external cyberattacks despite reasonable protective measures.
(5) The affected party shall inform the other party without undue delay where possible and take reasonable measures to mitigate the effects.
(6) Affected obligations and deadlines shall be suspended or extended for the duration and extent of the disruption.
(7) If such an event continues for more than 60 consecutive days and materially renders performance unreasonable, either party may terminate the unperformed part of the contract. Services properly rendered and non-cancellable third-party expenses shall remain payable.
§ 13 Term, Suspension and Termination
(1) Contract term, ordinary termination rights, renewals and special cancellation rules are determined by the individual contract or the special terms.
(2) Either party’s right to terminate for cause remains unaffected.
(3) Cause may in particular exist where a material contractual obligation is not fulfilled despite reasonable notice and an opportunity to remedy.
(4) No prior cure period is required where the breach cannot be remedied, continuation of the contract would objectively be unreasonable or immediate action is required for legal or security reasons.
(5) Cause may in particular include material payment default, repeated failure to provide required cooperation, unlawful use, serious infringement of third-party rights, security-threatening use, deception regarding material contractual information, or serious threats or harassment directed at employees or agents.
§ 14 Liability
(1) The parties shall be liable in accordance with applicable law unless these Terms permissibly provide otherwise.
(2) The Provider’s liability is unlimited in cases of wilful misconduct, gross negligence, culpable injury to life, body or health, and in all other cases where liability cannot legally be excluded or limited.
(3) In cases of ordinary negligence, the Provider shall be liable only for direct losses that were reasonably foreseeable at the time of contracting and resulted from breach of material contractual obligations.
(4) To the extent permitted by law, liability for ordinary negligence shall be limited:
- for an individual project or one-off service, to the net remuneration agreed for the specifically affected contract;
- for an ongoing contractual relationship, to the net remuneration paid or payable for the affected service during the twelve months preceding the event giving rise to liability; where the contract has existed for less than twelve months, to the remuneration paid or payable up to that date.
(5) To the extent permitted by law and except in the cases referred to in paragraph (2), the Provider shall not be liable for indirect or consequential losses, loss of profit, lost savings, lost business opportunities or purely reputational losses.
(6) The Provider shall not be liable for disruptions caused exclusively by circumstances within the Customer’s sphere of responsibility.
(7) The Provider shall be liable for outages or changes of independent third-party platforms only where its own culpable breach caused the loss.
(8) These limitations shall apply correspondingly in favour of the Provider’s legal representatives, employees, freelancers and subcontractors.
§ 15 Data Protection
(1) Personal data shall be processed in accordance with the GDPR, applicable Spanish data-protection law and the Provider’s Privacy Policy.
(2) The Customer is responsible for ensuring that personal data supplied to the Provider or processed at the Customer’s instruction may lawfully be processed.
(3) Where the Provider processes personal data solely on behalf of the Customer and Article 28 GDPR applies, an appropriate data processing agreement shall apply.
(4) Account, contract, billing, security and comparable business data processed for the Provider’s own purposes shall be processed by the Provider in its own capacity as controller.
§ 16 Notices and Contract Amendments
(1) Contractually relevant notices may generally be made in text form, in particular by email or through an electronic system provided for that purpose, unless mandatory law requires a stricter form.
(2) Notices of termination, withdrawal and other material declarations should be made in text form for evidentiary purposes.
(3) Individually negotiated agreements take precedence over these Terms.
(4) Amendments to these General Terms shall apply to future contracts. They apply to existing continuing contracts only where validly agreed.
§ 17 Governing Law, Disputes and Jurisdiction
(1) The contractual relationship shall be governed by Spanish law to the extent such choice of law is legally permissible.
(2) No mandatory mediation or mandatory arbitration is agreed.
(3) Where mandatory Spanish procedural law requires prior out-of-court negotiations or another appropriate procedure as a condition for bringing court proceedings, the parties shall carry out such procedure only to the extent required by law.
(4) For cross-border B2B contractual relationships, the courts of Madrid, Spain, shall have exclusive jurisdiction to the extent such jurisdiction agreement may validly be made.
(5) Where a pre-formulated jurisdiction clause is ineffective under mandatory law, statutory rules on jurisdiction shall apply.
(6) Mandatory statutory jurisdiction and the right to seek interim or protective judicial measures remain unaffected.
§ 18 Contract Language
(1) The contract language shall generally be the language in which the individual proposal or order is concluded.
(2) Where several language versions exist, the version made available to and accepted by the Customer as the contractual basis at the time of contracting shall generally be authoritative.
§ 19 Final Provisions
(1) If individual provisions are invalid, unenforceable or not effectively incorporated, the remaining provisions shall generally remain effective to the extent the contract can reasonably continue without the affected provision.
(2) An ineffective provision shall not automatically be replaced by a substitute provision unilaterally determined by the Provider. Where necessary, the applicable statutory provisions shall apply.
Part B – Special Terms for Productions
§ 20 Scope
(1) These Special Terms apply to all audio, video, design, editorial and content production services.
(2) These include in particular audio podcasts, video podcasts, YouTube videos, trailers, intros, outros, social-media versions, graphics, covers, thumbnails, animations, voice recordings, editorial services, and technical publication and distribution where expressly agreed.
§ 21 General Scope of Production Services
(1) Only the production services expressly agreed in the individual proposal, ordering process, order confirmation or specific description of services are owed.
(2) The following descriptions define possible or typical work steps. Their inclusion in these Terms does not mean that all such work steps automatically form part of every engagement.
(3) The Provider may, at its professional discretion, use appropriate production methods, software, automations, AI systems and technical tools unless a specific production method has been expressly agreed.
§ 22 Audio Podcast Productions
(1) Depending on the agreed scope, an audio podcast production may include in particular:
- import and review of audio material,
- synchronisation of multiple tracks,
- selection and arrangement of suitable recordings,
- removal or reduction of verbal slips, repetitions, unwanted pauses and filler words where commissioned,
- editorial or dramaturgical editing where agreed,
- noise reduction and audio restoration where technically reasonable,
- volume and level processing,
- equalisation, compression, dynamics processing and limiting,
- balancing different speaker levels,
- integration of intro, outro, music, sonic branding, sound effects or advertising,
- mastering and finalisation, and
- export in the agreed file format.
(2) Complete removal of all verbal slips, breaths, filler words, background noises or other irregularities is owed only where expressly agreed and where technically and editorially reasonable.
(3) Unless another technical specification is agreed, the final audio production may in particular be supplied as an MP3 file at 48 kHz. WAV or other formats shall be supplied where agreed or required for the project purpose.
§ 23 Video Podcast Productions
(1) A video podcast production may additionally include in particular:
- synchronisation of video, audio and camera tracks,
- camera selection and angle switching,
- rough and fine editing,
- colour and brightness correction,
- colour grading where agreed,
- reframing and image adjustments,
- B-roll, illustrations and screenshots,
- music and sound effects,
- intros and outros,
- lower thirds, logos, charts, statistics and text graphics,
- subtitles or captions where agreed,
- additional aspect ratios or platform versions where agreed,
- final export and quality control.
(2) Separate social-media clips, Shorts, Reels or teasers are included only where expressly agreed.
(3) Unless otherwise agreed, standard video podcast productions may be delivered as MP4 files in Full HD at 1920 × 1080 pixels. Project-specific specifications apply to vertical, square or other formats.
§ 24 YouTube Productions
(1) YouTube productions may include in particular talking-head videos, interviews, tutorials, reports, explainer videos or editorial videos.
(2) Possible work steps include rough and fine editing, removal of unwanted passages, optimisation of timing and narrative flow, audio processing, colour correction, colour grading, B-roll, stock material, music, sound design, sound effects, text and graphic overlays, animations, motion graphics, subtitles, thumbnails, title and description text and additional short-form versions, where respectively agreed.
(3) Optimisation for YouTube or other platforms does not constitute a guarantee of reach, click-through rate, watch time, ranking, algorithmic recommendations or other performance.
§ 25 Concept, Design and Additional Services
(1) Where expressly agreed, the Provider may in particular provide podcast or video concepts, topic planning, research, script development, recording support, trailers, intros, outros, voice-talent coordination, music, sound design, covers, channel banners, thumbnails, animations, channel setup, publication, distribution and ongoing management.
(2) Consulting or training included in a package is additionally subject to the applicable special terms.
(3) Documentation, training, channel management, publication, social-media repurposing or ongoing support not expressly commissioned are not automatically part of a production service.
§ 26 Source Material and Technical Requirements
(1) The Customer shall provide all required materials in a timely, complete and technically usable form.
These may include audio and video recordings, audio tracks, images, graphics, logos, music, sonic branding, scripts, texts, timecodes, format and duration requirements, stylistic references and approvals.
(2) The Customer is responsible for ensuring that source recordings have a quality suitable for the agreed production purpose.
(3) The Provider may optimise technically deficient recordings. Complete remediation of noise, overmodulation, clipping, reverberation, distortion, blur, poor lighting or other defects already present in source material is not guaranteed.
(4) Where unsuitable files require additional conversion, repair or editing, this may be charged separately.
(5) If material Customer inputs are missing, production may be suspended or provisionally carried out using placeholders.
§ 27 Use of Artificial Intelligence
(1) The Provider may use AI, machine learning, automation and other computer-assisted tools.
(2) Such use may include transcription, speaker recognition, detection of pauses, verbal slips or filler words, editing preparation, audio restoration, subtitles, translation, research, text and metadata drafts, image and B-roll generation, music or sound generation, image and video enhancement and reframing.
(3) Use of such systems does not mean that the entire production is created fully automatically.
(4) For individually commissioned production services, the Provider shall carry out a human quality review before final delivery.
(5) This review is intended in particular to identify obvious technical production errors, unintended edits and recognisable content inconsistencies. It does not constitute a comprehensive legal, scientific or journalistic fact-check unless expressly agreed.
(6) The Customer is not entitled to a completely AI-free production process unless this has been expressly agreed before conclusion of the contract.
§ 28 AI-Generated Components and Labelling
(1) AI systems may generate content that is factually incorrect, incomplete, misleading or similar to content generated for other users.
(2) The Provider does not guarantee that independent or exclusive copyright protection arises in every AI-generated component.
(3) The mere use of AI in individual production steps does not automatically create an obligation to label the entire production as “AI-generated” or in a comparable manner.
(4) The Provider therefore does not apply a blanket AI label merely because research, transcription, editing, audio or image optimisation, text drafting or other assistive production steps were AI-assisted.
(5) Mandatory statutory transparency or labelling requirements, in particular for certain artificially generated or manipulated image, audio or video content or deepfakes and certain text concerning matters of public interest, remain unaffected.
(6) For AI-generated text concerning matters of public interest, any applicable statutory exemptions based on human review or editorial control and editorial responsibility shall be taken into account.
(7) Where the Customer publishes the production itself, the Customer is responsible for obligations arising only from its specific publication context, its own subsequent changes or the rules of the chosen platform.
(8) Where the Provider has expressly been commissioned to publish the production, it shall take account of the legal requirements recognisably applicable to the specific publication carried out by it.
§ 29 Synthetic Voices and Realistic Depictions
(1) Synthetic reproduction or simulation of the voice, appearance or other identifiable characteristics of a real person shall be carried out only where expressly commissioned and where the required rights or consents exist.
(2) Where the Customer supplies corresponding reference material or requests its use, the Customer warrants that it is entitled to do so.
§ 30 Third-Party Media and External Licences
(1) External media may include in particular music, stock video, stock photos, sound effects, voice talent, graphics, fonts, templates, plugins and AI-generated assets.
(2) Third-party costs are included only where expressly agreed.
(3) Third-party content is additionally subject to the applicable licence terms. The Customer receives no broader rights than may validly be transferred.
(4) The usage right in the overall production does not generally include a right to extract and independently use music, stock content, voice recordings, fonts or other third-party components contained within it.
(5) Any separate fees or notifications required by collecting societies, platforms or rights holders shall be borne by the Customer unless expressly agreed otherwise.
(6) Automated Content ID or similar claims do not in themselves constitute a defect where the agreed use has been properly licensed.
§ 31 Customer-Supplied Content and Third-Party Rights
(1) The Customer shall ensure that it holds all rights, licences and consents required for the agreed production in relation to its own content.
(2) This applies in particular to audio and video recordings, music, images, graphics, logos, trademarks, texts, recordings of employees or guests and personal data.
(3) Legal review of Customer-supplied content is owed only where expressly agreed.
(4) Where the Provider is subject to claims due to an infringement attributable to the Customer, the Customer shall, to the extent legally permissible, indemnify the Provider against justified claims and reasonable legal defence costs required as a result.
§ 32 Project Phases
(1) Projects may include in particular the following phases:
- briefing,
- concept development, where agreed,
- production or post-production,
- revision and approval,
- finalisation or publication, where commissioned.
(2) Not every project must contain every phase.
(3) The Provider may request approval upon completion of a project phase.
(4) If the Customer expressly requests immediate continuation without prior approval, it bears the risk of additional work if changes are later requested to foundations that have already been further processed.
§ 33 Revision Rounds
(1) Unless otherwise agreed, one revision round is generally included per separately commissioned production item.
(2) A revision round means one consolidated set of feedback on the version submitted for review.
(3) Further changes submitted separately at a later time or in separate batches may be treated as an additional revision round.
(4) Changes required solely to remedy an objective deviation from an expressly agreed requirement or a technical error caused by the Provider shall not count as a chargeable revision round.
(5) Additional charges may apply in particular to new creative requirements, changes to approved concepts, structural changes, reversal of previously requested changes, consequential changes, changes to already approved partial productions and additional revision rounds.
(6) For voice recordings, repeats required because of an error by the speaker or Provider shall not constitute an additional service. Subsequent changes by the Customer to text, pronunciation or style may result in additional speaker, studio and editing costs.
§ 34 Review, Approval and Acceptance
(1) Relevant partial or final productions shall be provided to the Customer for review.
(2) Unless otherwise agreed, within seven calendar days of receipt the Customer shall either approve the production or notify the Provider of specific requested changes or recognisable defects.
(3) For urgent projects, an appropriately shorter period may be agreed or communicated when the relevant version is submitted.
(4) If the Customer raises no objections within the communicated period, the service shall be deemed approved where the Customer was informed of the deadline and the consequences of silence, had an actual opportunity to review the work and there were no material defects not readily recognisable upon reasonable review.
(5) Where the Customer publishes or productively uses a submitted production without reservation, this shall generally constitute approval of those characteristics recognisable in that use.
§ 35 Usage Rights in Productions
(1) Where the Provider holds transferable copyright or other exploitation rights, the Customer receives those rights upon full payment.
(2) Unless expressly agreed otherwise, the Customer receives a non-exclusive, worldwide right of use for the entire statutory term of protection of the relevant rights.
(3) The grant of rights is limited to the project purpose agreed at the time of contracting and the uses expressly agreed or clearly required by the nature of the engagement and known at the time the rights are granted.
(4) Within the project purpose, the usage right includes in particular the uses known at the time of contracting for reproduction, storage, public performance and making available to the public, publication on websites, apps and podcast, video and social-media platforms, technical transmission to hosting and distribution providers and technically necessary format conversion.
(5) For audio podcasts, the usual project purpose includes in particular permanent publication of the final production via the intended podcast platforms, podcast host and own websites.
(6) For video podcasts and YouTube productions, the usual project purpose includes in particular permanent publication via the intended video, podcast and own digital channels.
(7) Paid advertising, traditional radio or television broadcasting, cinema, independent licensing to third parties, resale or merchandising are included only where expressly agreed.
(8) New platforms or technical distribution channels may be included where they merely facilitate a type of use already known at the time of contracting. Types of use legally considered unknown at the time rights are granted are not transferred in advance on a blanket basis.
(9) The usage right generally relates to the final overall production. Separate use of individual music tracks, sound effects, voice recordings, stock media, graphics, animations, fonts, templates or other separately protected elements is not automatically included.
(10) Technically necessary format conversions and resizing are permitted. Further creative editing or extraction of individual components requires appropriate authorisation.
(11) The Customer may grant hosting, distribution or platform providers those technical permissions required for the Customer’s authorised use. This does not permit independent sublicensing of the production.
(12) Exclusive rights are granted only where expressly agreed as exclusive.
(13) Moral rights and other rights that cannot be transferred under mandatory law remain unaffected.
§ 36 Project Files, Raw Material and Internal Production Resources
(1) Pre-existing templates, design systems, production methods, presets, plugins, software, prompts, automations, workflows, libraries and other internal resources are not transferred.
(2) Unless expressly agreed, the Customer has no right to receive open project files, Premiere Pro, Pro Tools, Remotion or other production projects, rough cuts, unedited recordings created by the Provider itself, intermediate versions, working files, templates, design source files, workflows, prompts or internal documentation.
(3) Original files supplied by the Customer are unaffected.
(4) Delivery of open or raw files may be separately agreed.
(5) Following completion of the project, the Provider is not required to archive working or project files indefinitely unless a separate archiving service has been agreed. The Customer is responsible for permanent backup of the final files supplied to it.
§ 37 Publication and Third-Party Platforms
(1) Publication, setup and distribution are owed only where expressly commissioned.
(2) Where possible, platform and hosting accounts should be set up in the Customer’s name.
(3) The Customer shall provide required information, credentials, authentication and verification.
(4) The Provider may carry out technical setup and submission but does not guarantee that an independent third-party platform will accept a channel, feed or content, publish within a particular period, keep it permanently available or distribute it in a particular algorithmic manner.
(5) Subsequent changes to platform terms or interfaces do not generally create a continuing obligation to make adaptations free of charge.
§ 38 Delays and Project Interruptions Caused by the Customer
(1) Production capacity is scheduled on a project basis. Delays caused by missing Customer materials, approvals or access rights entitle the Provider to reschedule the production period.
(2) Where a project interruption attributable to the Customer lasts more than three weeks, the Provider may invoice services performed to date, reschedule the project to a later available production period and charge actually incurred additional re-familiarisation costs.
(3) If the Customer fails to fulfil material cooperation obligations despite reasonable notice, the engagement may be terminated in accordance with Part A.
§ 39 Cancellation of a Production Project by the Customer
(1) Where the Customer terminates an already commissioned production project without cause attributable to the Provider, statutory and contractual remuneration and compensation claims remain unaffected.
(2) In particular, the Customer shall pay for services already rendered, non-cancellable third-party, licence, speaker, studio, travel or project costs and, to the extent legally permissible, demonstrable economic loss resulting from production capacity firmly reserved for the project and not reasonably usable elsewhere.
(3) Saved expenses and actual alternative utilisation of capacity shall be taken into account as required by law.
§ 40 Defects and Creative Discretion
(1) A production complies with the contract where it meets the expressly agreed requirements, approved project foundations and required technical properties.
(2) Where the Provider has been given creative or editorial discretion, a merely subjective difference from the Customer’s personal taste shall not constitute a defect.
(3) In the case of a defect attributable to the Provider, the Provider shall first be given a reasonable opportunity to remedy it.
(4) New or changed preferences of the Customer are not defects and may be charged as additional services.
(5) Where an error arises only from subsequent modification by the Customer or a third party engaged by it, the Provider shall not be liable for that error.
§ 41 Reference and Portfolio Use
(1) Unless an express confidentiality agreement provides otherwise, after a project has been publicly released the Provider may use the Customer’s name, trademark and logo and reasonable excerpts from the publicly released production as references for its own business presentation.
(2) Such use may take place in particular on websites, social-media profiles, presentations, showreels, portfolios and proposal documents.
(3) Unpublished or confidential project components shall not be publicly used as references without separate consent.
(4) The Customer may object to future reference use for legitimate reasons.
§ 42 Final Provision
In all other respects, Part A shall apply. Individually agreed proposals and descriptions of services take precedence over these Special Terms.