These general terms and conditions (the “Terms”, the “Agreement”) apply between you and VOYD AB, company no. 559044-0631, a company organized under the laws of Sweden with its registered address at Universitetsallén 32, 852 34 Sundsvall, Sweden (“we”, “VOYD”) whenever you as a content creator use VOYD’s platform (the “Platform”) to make available content, including live performances, on the Platform for your audience with the possibility of receiving payment for such content (the “Service”). The reference to content creator in these Terms refers to anyone who uses their account on the Platform to make available content on the Platform. Please note that you as a content creator is assumed to be the owner of the content or have a right to make the content available to the public on other grounds.
These Terms constitute a binding agreement between you and VOYD and regulate your use of the Service. We therefore recommend you read the Terms carefully.
Please note that separate terms apply between you and VOYD when you use the Platform in the capacity of a viewer and access content provided by (other) content creators. Those terms can be found here [**].
To use the Service, you must accept these Terms. If you do not accept these Terms, you may not use the Service. If you use the Service in violation of these Terms, VOYD may be entitled to limit your access to the Platform and/or Service and shut down your account. To use the Platform, you must be 18 years of age or otherwise old enough to enter into a legally binding agreement according to the applicable laws of your domicile.
A guardian may create an account for a child under 18 years of age, but the guardian then becomes a party to the Agreement with VOYD and is thus responsible for all activity from the created account being in accordance with these Terms. You may never use the Service if it is forbidden, or if you are otherwise not allowed to use the Service according to applicable laws of your domicile.
2. Change of terms
VOYD has a unilateral right to make additions or amendments to these Terms. VOYD will inform you of any additions or changes to the Terms by making available updated Terms on the Platform for your approval. You accept and consent to any addition or change of Terms when you consent to the updated version of the Terms, which is then applicable from the date stated in the updated Terms. To use the Service all updated Terms must be accepted. The Terms applicable at the time when certain content is made available on the Platform, will continue to apply for that specific content during the time the specific content is available on the Platform.
3. Create an account on the platform
To use the Service, i.e. to make content available on the Platform and receive payment for it, you must create a user account on the Platform. Your user account is the same regardless of whether you use the Platform as a viewer or a content creator, or both viewer and content creator. Please note that it is important that you provide correct and complete information when you create an account. You are responsible for ensuring that your contact information is always updated on your account.
The account is personal and may not be transferred. It is of utmost importance that you keep your password secret and that you use it in a safe manner. You are responsible for all content uploaded and otherwise made available from your account.
4. Your obligations when using the platform
Your account on the Platform must not be used in violation of these Terms. If you find out that your account is being used in violation of these Terms, for example by violation of safety measures, unauthorized use of your account or if your content is being used by another user without your permission, you shall immediately inform VOYD in writing.
By creating an account, you accept that you are solely responsible for all activities from your account.
By using the Platform, you undertake:
- to not distribute any part of the content from the Platform, except for such distribution which is allowed, for example through the Platform’s sharing functions,
- to not change or distort any part of the Platform or the Service,
- to not grant yourself access to content in any other way than through the video player the Platform allows,
- to not in any way contribute to interference of the functions of the Platform or in any other way limit the use of the Platform,
- to not use the Platform for other commercial purposes than use of the Service, for example by selling access to the Platform or advertise or market products on the Platform, unless these functions are provided by the Service,
- to not upload (including messages sent in chat rooms and comment fields) any offensive, inappropriate, disgusting or illegal content,
- to not upload (including messages sent in chat rooms and comment fields) any content that violates any third party rights, including but not limited to infringement of intellectual property rights,
- to not collect information regarding other users of the Platform for the purpose of sending mass e-mails or spam or to sell such user information to a third party,
- to not collect content in any other way than what is allowed while using the Platform or Service, meaning that bypassing of copyright locks, downloading, copying, distributing or use of other user’s content outside of the Platform is forbidden unless the owner of the content has consented to such use,
- to not copy, reproduce, distribute, send, show, sell, license or use other users’ or VOYD’s content without written consent from the owner of the content or other such right holder, and to not violate any applicable laws and regulations.
5. Specific obligations when using the service as a content creator
5.1 Live performances
As content creator you must sell at least 1 ticket (alternatively, give out at least 1 ticket if the tickets are provided for free) and start the live performance at the latest 10 minutes after the announced starting time for your live performance. If you do not do this, the live performance will be cancelled and sold tickets will be refunded.
During the live performance you undertake to follow these Terms in all aspects. You are also responsible for maintaining a steady internet connection to ensure that your live performance is of promised quality.
By accepting these Terms, you accept that VOYD will record your live performance for the purpose of reviewing the quality and potential reports of violations afterwards.
When you have shown your live performance, you can choose to leave the performance available on the Platform as available content. If you choose to make the performance available, you can also choose whether the performance shall be available against an additional Fee or not.
5.2 Content made available
The content made available by you on the Platform will be available for viewers who have purchased access to the content during the time you state when you make the content available. You decide when the content shall cease to be available for new purchases and can demand that the content shall be removed from the Platform. The content will then only be available for viewers who have already purchased access to the content for the remaining time of those purchases. The content will thereafter be removed from the Platform. If you have only made available content that can be viewed free of charge, you can at any time demand that such content shall be removed from the Platform.
The first section of this paragraph 5.2 does not however limit VOYD’s right to use the content creator’s available content for marketing in accordance with paragraph 8 below.
As content creator you have the possibility to choose whether your available content or live performance should be provided to viewers for free or in exchange for a fee. You are also free to decide the amount that viewers shall pay to view the content or live performance. As content creator you will then receive a commission on that amount as compensation.
VOYD reserves the right to limit the number of live performances and available content that can be provided to viewers for free. VOYD may in the future also choose to charge viewers for all live performances and other content made available on the Platform.
5.4 Fees and Compensation
If you decide that VOYD shall charge the viewers for your available content (the “Fee”), the following conditions apply.
Users can purchase tickets to content creators’ live performances via the Platform and pay the Fee via the Platform to get access to content made available by content creators on the Platform.
The viewer may pay the Fee via the payment service(s) that VOYD at each time provides on the Platform. VOYD assumes no responsibility for such payment services or for any losses due to unauthorized use of payment cards, credit cards or other means of payment which are provided by a third party in connection with the use of the Service.
As content creator you are entitled to a commission on the Fee (the “Compensation”). The estimated compensation amount will be presented when you state the Fee for your available content on the Platform. Note that the final compensation amount may be affected by any issued value codes, discount codes and the like which you apply from time to time. Also note that VOYD provides the Platform within several different currency areas and that currency changes may affect the exact amount of the Compensation.
If VOYD in its own discretion finds that your available content violates these Terms, VOYD reserves the right to discontinue the payment of the Compensation for such content to you.
5.5 Payment of Compensation and handling of taxes and fees – if you are approved for F-tax
The following applies to you as recipient of a Compensation when you are approved for F-tax:
VOYD will issue a self-billing invoice that can be accessed on the Platform for your approval at the end of each month, for the payments of the Fees that have been made.
For the Compensation to be approved you must consent to the relevant invoice. You do this by choosing “Payment” and following the instructions on the Platform. The invoice will be available for approval on your account for 6 months from the date it was issued, thereafter any non-approved amounts will pass to VOYD.
Any local taxes or fees, including but not limited to value-added tax (VAT), may be issued for the Service according to applicable laws of your domicile. This may affect the amount of the Compensation paid to you. It is your responsibility to investigate what tax and fee obligations apply to you. VOYD does not assume responsibility for the reporting or payment of any taxes or fees.
By accepting these Terms, you understand and agree that VOYD is not responsible for how the earning of, or payment of, the Compensation is viewed from a tax (or other legal) perspective.
If you are no longer approved for F-tax it is your responsibility to immediately inform VOYD of this change.
5.6 Payment of Compensation and handling of taxes and fees – if you are not approved for F-tax
The following applies to you as recipient of a Compensation when you are not approved for F-tax:
VOYD will provide you with payment documents. These documents will be available on the Platform for your approval by the end of each month, for the payments of the Fees that have been made.
Any local taxes or fees, including but not limited to value-added tax (VAT), may be issued for the Service according to applicable laws of your domicile. Even if you are not approved for F-tax, you may be required to account for and pay taxes and fees, including but not limited to income tax, social fees and VAT. It is your responsibility to investigate what tax and fee obligations apply to you. VOYD does not assume responsibility for the reporting or payment of any taxes or fees.
By accepting these Terms, you understand and agree that VOYD is not responsible for how the earning of, or payment of, the Compensation is viewed from a tax (or other legal) perspective.
If you become approved for F-tax it is your responsibility to immediately inform VOYD of this change.
6. Violation of terms
If you violate any part of these Terms through your content, VOYD has the right to shut down live performances, cancel any planned performances and remove available content and/or your account with immediate effect. It is in VOYD’s sole discretion to determine whether you have violated any part of these Terms.
If you violate any part of these Terms, you are furthermore not entitled to Compensation for the content in relation to which the violation has occurred. If you have received Compensation before a violation has been confirmed, such Compensation shall be reimbursed to VOYD.
6.1 Consequences of lacking quality
If your content does not meet VOYD’s quality requirements, you are not entitled to Compensation. VOYD decides in its discretion whether the quality requirements are being met or not.
If you are of the opinion that a reported quality deficiency is due to circumstances beyond your control, you should object to the withholding of Compensation within one (1) day from the time VOYD informed you of the reported quality deficiency. VOYD will thereafter in its own discretion decide whether you are entitled to Compensation or not.
If you make available content in connection with the Service which constitutes infringement of any third-party intellectual property rights, such content may be reported and immediately removed by VOYD. You may also lose your right to use the Service and/or the Platform due to such violation. You may further be subject to sanctions according to applicable laws. Such sanctions may be of both public law nature (e.g., fines or imprisonment) and a civil law nature (e.g., damages).
If VOYD finds that your available content constitutes infringement of any third party rights or constitutes a violation of these Terms or applicable laws, VOYD reserves the right to immediately remove such content without prior warning.
7. Your right to available content
As content creator you are the owner of the content you make available on the Platform. However, by making your content available on the Platform you give VOYD a right to distribute the content and use it for the purpose of marketing the Service and/or Platform, see paragraph 8 below.
As content creator you understand and accept that you are solely responsible for the content you make available and the consequences of providing such content. VOYD assumes no responsibility for the content that is provided and does not support the content in any way.
The Platform and the Services are subject to continuous review by VOYD in accordance with VOYD’s policies for the purpose of identifying content that violates applicable laws or these Terms. The review can be performed manually or with the use of technical means. Review is performed before content is published but does not warrant that available content is legal or that it does not infringe on any third party rights. If you, when using the Service and/or Platform, discover that available content violates these Terms or applicable laws, you shall notify VOYD immediately. When receiving such report, VOYD will investigate whether there is cause to remove the relevant content.
By making content available, you guarantee that you have all necessary rights and mandates to do so. You further guarantee that content you make available is legal, that it is not owned by anyone else and that the copyright to the content does not belong to anyone else, unless you have permission to make the relevant content available. By making the content available on the Platform you allow VOYD to use the content when providing the Service.
8. VOYD’s right to available content
By making your content available on the Platform you consent to giving VOYD a worldwide, non-exclusive, unlimited, free and assignable right to use, distribute and display the content, in whole or in part, in accordance with the functions of the Platform and for the purpose of marketing the Service.
As a content creator you consent to indemnify and hold VOYD harmless against any and all claims that may be directed at VOYD arising out of your violation of these Terms or applicable law.
This means, amongst other things, that you as a content creator are responsible for all claims arising out of your live performance or available content infringing on any third party’s intellectual property rights.
10. Amendments and termination of the service and/or the platform
VOYD continuously works to update the Service and the Platform to create the optimal user experience. VOYD may change the Service and/or the Platform over time, without prior notification. VOYD may also temporarily or permanently and without prior notice discontinue the provision of the Platform and thereby terminate your account.
If you violate any of the Terms of this Agreement, VOYD is entitled to terminate the Agreement with you and deny you further access to the Service and/or the Platform. VOYD may further terminate the Agreement if changes in legislation make it illegal for VOYD to continue to provide the Service and/or Platform, or if the Service and/or Platform is no longer commercially viable.
11. Your right to termination
As a user of the Platform, you are entitled to terminate the Agreement with VOYD at any time by sending a message to VOYD or by erasing your account on the Platform. Your available content on the Platform will then, as a main rule, be deleted at the end of the time period stipulated in paragraph 5.2. Notwithstanding the above, VOYD has, in accordance with paragraph 8 above, a right to use the available content for marketing purposes. VOYD’s right to use available content for marketing purposes thus remains in force after the termination of this Agreement.
VOYD provides the Service and the Platform without warranty. The provisions of these Terms do however not limit your rights under applicable mandatory legislation.
The Service and the Platform are provided on an “as is”-basis. This means that VOYD does not guarantee that the Service and/or Platform will work according to your expectations or without errors or disruptions. VOYD does not guarantee that the information provided in connection with the Service and Platform is correct or reliable.
13. Limitation of liability
VOYD is not liable for any indirect damage arising in connection with your use of the Service and/or Platform, such as loss of profit, loss of income, loss of goodwill, loss of data or other similar damages or losses. VOYD’s maximum aggregate liability for any and all claims under or relating to this Agreement shall be limited to the total amount of Compensation paid to you under this Agreement.
VOYD is not liable for errors in the Service and/or Platform outside of VOYD’s control. VOYD is further not liable for lost content or for content that is removed or distorted in connection with the Service and/or Platform.
The Service and Platform may contain links to other websites that are not owned or controlled by VOYD. VOYD is not liable for the content of such websites. VOYD is further not liable for any loss or damage arising from the content of such external webpages or other sources.
14. Processing of personal data
Your rights and obligations under these Terms may not be assigned to another user. VOYD is however entitled to assign these Terms and accompanying rights without your consent.
If these Terms or any part thereof should be considered void or invalid, the other terms and conditions of the Terms shall remain in force and shall be limited, amended or separated to the extent necessary to remove such invalidity, so that other parts of the Terms remain valid and enforceable.
18. Contact us
Contact us on email@example.com if you are dissatisfied with the Service and/or Platform or if you have questions concerning the Service or the Platform.
19. Applicable law and dispute resolution
These Terms shall be applied and construed in accordance with Swedish law. A competent general court shall finally settle all disputes arising out of or in connection with these Terms. VOYD reserves the right to apply for interim measures or initiate other types of legal actions, also within other jurisdictions.