These general terms and conditions (the "Terms", the "Agreement") apply between you and VOYD AB (publ), org. no. 559044-0631, Nya Hamngatan 21, 852 29 Sundsvall, Sweden ("we", "VOYD") when you as a content creator use VOYD's platform (the "Platform") for the purpose of making content available on the Platform, to your audience, with the possibility of receiving compensation for such content (the "Service"). In these Terms, content creator means anyone who uses their account on the Platform to make content available on the Platform. Note that as a content creator, you are presumed to be the owner or otherwise have the right to make the content in question available to the public.
These Terms constitute a legally binding agreement between you and VOYD that governs your use of the Service. We therefore recommend that you read these Terms carefully.
Please note that separate terms and conditions apply between you and VOYD when you use the Platform as a viewer to access content provided by (other) content creators. Those terms and conditions 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 restrict your access to the Platform and/or the Service and suspend your account. To use the Platform, you must be at least 18 years old or otherwise old enough to enter into a legally binding contract under the law of your country of residence.
A parent or guardian may create an account for a child under the age of 18, but will then become a contracting party to VOYD and as such responsible for ensuring that all activity from the account is in accordance with these Terms. You may never use the Service if it is prohibited or if you are otherwise not authorised to use the Service under the law of your country of residence.
2. Modification of Terms and Conditions
VOYD has a unilateral right to add or make changes to these Terms. VOYD will inform you of any additions or changes to the Terms by making the updated Terms available on the Platform for your acceptance. You accept and agree to any additions and changes to the Terms when you accept the updated version of the Terms, which will then apply from the date specified in the updated Terms. In order to continue using the Service, all updated Terms must be accepted. The Terms that apply when certain content is made available on the Platform will continue to apply to that specific content as long as the content is available on the Platform.
3. Create an account on the Platform
In order to use the Service, i.e. make content available on the Platform and receive payment for it, you must create a user account on the Platform. Your user account on the Platform is the same whether you use the Platform as a content creator or viewer, or as both a content creator and viewer. Please note that it is very important that you provide accurate and complete information when creating an account. You are also responsible for keeping the contact details in your account up to date at all times.
The account is personal and non-transferable. It is essential that you keep your password secret and use it in a secure manner. You are responsible for the content uploaded and otherwise made available from your account.
4. Your obligations when using the platform
Your account on the Platform may not be used in violation of these Terms. If you become aware that your account is being used in breach of these Terms, such as through a breach of security, unauthorised use of your account or if your content is unlawfully used by another user, you must immediately notify VOYD in writing.
By creating an account, you accept that you are solely responsible for all activities that take place using your account.
By using the Platform, you undertake:
- not to distribute any part of the content on the Platform, except as authorised by, for example, the Platform's sharing features,
- not to modify or distort any part of the Platform or the Service,
- not to grant yourself access to content by any means other than the video player authorised by the Platform,
- not to contribute in any way to disrupting the functions of the Platform or otherwise restricting the use of the Platform,
- not to use the Platform for commercial purposes other than the use of the Service, such as selling access to the Platform or advertising or marketing products on the Platform, unless these functions are provided in the Service,
- not to upload any offensive, inappropriate, disgusting or illegal content,
- not to upload any content that infringes the rights of third parties, including but not limited to content that infringes a third party's intellectual property rights,
- not to collect information about other users of the Platform for the purpose of sending mass e-mails or spam or to sell such information to a third party,
- not to collect content in any other way than permitted when using the Platform or the Service, which means that bypassing copyright locks, downloading, copying, distributing and using another user's content outside the Platform is forbidden unless the owner of the content has authorised such use,
- not to copy, reproduce, distribute, transmit, display, sell, licence or use other users' or VOYD's content without the written consent of the owner of the content or other rights holders, and not to violate applicable laws and regulations.
5. Specific obligations when using the Service as a content creator
5.1 Content made available
The content made available by you on the Platform will be available to those viewers who have purchased access to the content for the period of time you specify when making the content available. You decide when the content shall cease to be available for new purchases by viewers and can request that the content be removed from the Platform. The content will then only be available to those viewers who have already purchased access to the content during the period for which the purchases were made. Thereafter, the content will be removed from the Platform.
The first paragraph in this section 5.1 does not limit VOYD’s right to use content made available by a content creator for marketing purposes in accordance with section 8 below.5.2 Payment
In order for viewers to access your content, they need to pay a fee. As a content creator, you determine the amount of the fee to be paid by viewers to view your content (the "Fee"). As a content creator, you then receive a remuneration in the form of a commission on the Fee.5.3 Fee and compensation
Users can pay the Fee via the Platform to access content made available on the Platform by content creators.
Viewers may pay the Fee via the payment service(s) provided by VOYD from time to time for the Platform. VOYD does not accept any responsibility for such payment services or for any losses due to the unauthorised use of debit cards, credit cards or other means of payment provided by a third party in connection with the use of the Service.
As a content creator, you are entitled to a commission on the Fee paid ("Compensation"). You will be able to see your estimated Compensation when you state the Fee for your content on the Platform. Please note that the final Compensation may be affected by any issued voucher codes, discount codes and similar that you apply from time to time. Please also note that VOYD provides the Platform in several different currency areas and that currency fluctuations may therefore affect the exact amount of the Compensation.
In order to receive the Compensation, you must choose a payment method. The payment methods are provided by a third party provider. In order to use the payment methods, you may need to create an account with the third party provider, accept the third party provider's own terms and conditions and follow their instructions from time to time. The third party provider may in some cases charge a fee for using the payment methods. You consent to us to paying you the Compensation via the payment method chosen by you. VOYD is not responsible for any loss or damage that you may suffer as a result of the use of services provided by third parties. VOYD is further not responsible for the reporting or payment of any taxes or fees. You must request payment of the Compensation within 8 months from the time the Compensation is earned. If you do not request payment of the Compensation within that time, the Compensation in question will accrue to VOYD.
If VOYD finds, in its sole discretion, that the content you have made available on the Platform violates these Terms, VOYD reserves the right to suspend payment of the Compensation for the content in question to you.
5.4 VOYD Pro
As a content creator, you can choose to register for VOYD Pro. You do this by clicking [**]. With VOYD Pro, you pay a monthly fee to VOYD (the "Monthly Fee"). The amount of the Monthly Fee is determined by VOYD. The current Monthly Fee will be visible when you register for VOYD Pro. You can also find information about your current Monthly Fee via your user account under [**]. VOYD has the right to adjust the Monthly Fee. Before any adjustments to the Monthly Fee are made, VOYD will notify you by [**]. If you fail to pay the Monthly Fee, VOYD reserves the right to suspend you from VOYD Pro without further notice and with immediate effect.
With VOYD Pro you get access to a number of additional features. The range of additional features varies from time to time and VOYD reserves the right to change the range of additional features. You can find information on the current range of additional features via your user account under [**]. With VOYD Pro, you are entitled to a higher commission on paid Fees. This means that your Compensation will be higher. You can see your estimated Compensation when you state the Fee for the content you have made available on the Platform. Please note that the final Compensation may be affected by any issued voucher codes, discount codes and similar that you apply from time to time. Please also note that VOYD provides the Platform in several different currency areas and that any currency fluctuations may therefore affect the exact amount of the Compensation.
6. Violation of the terms
If you breach any provision of these Terms through your content, VOYD is entitled to remove the content you have made available and/or your account with immediate effect. VOYD will determine at its sole discretion whether you have committed a breach of the Terms or not.
If you breach these Terms, you will not be entitled to Compensation for the content in which the breach occurred. If you have received Compensation for the relevant content before an infringement has been verified, such Compensation shall be refunded to VOYD.6.1 Consequences of lacking quality
If your content does not meet the quality requirements set by VOYD, you have no right to receive Compensation for it. VOYD will determine at its sole discretion whether the quality requirements are met or not.
If you are of the opinion that a reported quality deficiency is due to circumstances beyond your control, you must object to the withholding of your Compensation within one (1) day from the time VOYD informed you of the quality deficiency. Thereafter, VOYD will determine at its sole discretion whether or not you are entitled to Reimbursement.6.2 Infringement
If you make content available in connection with the Service that constitutes an infringement of a third party's intellectual property rights, the 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 an infringement. Furthermore, you may be subject to sanctions under applicable law. Such sanctions can be of both public law nature (e.g. fines or imprisonment) and civil law nature (e.g. damages).
If VOYD believes that content you have made available infringes the rights of a third party or violates these Terms or applicable law, VOYD reserves the right to remove the content without prior notice and with immediate effect.
7. Your right to available content
As a content creator, you own the content that you make available on the Platform. However, by making your content available on the Platform, you give VOYD the right to distribute the content and to use it for the purpose of marketing the Service and/or the Platform, see section 8 below.
As a content creator, you understand and accept that you are solely responsible for the content you make available and the consequences of making such content available. VOYD assumes no responsibility for the content that is made available and does not support the content in any way.
The Platform and its Services are regularly reviewed by VOYD in accordance with VOYD's current policies in order to detect violations against applicable law or these Terms. The review can be carried out manually or with the use of technical means. The review is carried out prior to the publication of content but does not constitute a guarantee that the content made available is legal or that it does not infringe the rights of a third party. If, when using the Service and/or the Platform, you discover content made available that violates these Terms or applicable law, you must notify VOYD. Upon such notification, VOYD will investigate whether there are reasons to remove the content.
By making content available, you warrant that you have all necessary rights and mandates to do so. You also guarantee that the content made available is legal, that it is not owned by anyone else and that the copyright is not held by anyone else, unless you have permission to make the content available. By making the content available on the Platform, you also 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 grant VOYD a worldwide, non-exclusive, unlimited, free and assignable right to use, distribute and display all or part of the content in the ways enabled by the Platform and for the purpose of promoting and marketing the Service.
As a content creator, you agree to indemnify and hold harmless VOYD against all claims and demands that may be made against VOYD as a result of your breach of these Terms or applicable law.
This means, among other things, that you as a content creator are responsible for all claims arising as a result of your content infringing a third party's intellectual property rights.
10. amendments and termination of the Service and/or 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. VOYD may also temporarily or permanently and without prior notice cease to provide the Platform and thus terminate your account.
In the event that you breach 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 also terminate the Agreement if changes in legislation make it illegal for VOYD 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 have the right to terminate the Agreement with VOYD at any time by sending a message to VOYD or deleting your account on the Platform. The content you have made available on the Platform will then, as a starting point, be deleted after the expiry of the period in section 5.1. Notwithstanding the above, VOYD has, in accordance with section 8 above, a right to use the content for marketing purposes. VOYD's right to use content that has been made available on the Platform for marketing purposes thus applies even after the termination of the Agreement.
VOYD provides the Service and the Platform without warranty. However, the provisions of these Terms do not limit any of your rights under mandatory law.
The Service and the Platform are provided "as is". This means that VOYD does not guarantee that the Service will operate in accordance with your expectations or without errors and omissions. Nor does VOYD guarantee that the information made available within the framework of the Service and the Platform is accurate or reliable.
13. Limitation of liability
VOYD is not liable for indirect damages arising from your use of the Service and/or Platform, such as loss of profit, loss of income, loss of goodwill, loss of data or any other similar damage or loss. VOYD's total liability for all claims under or related to this Agreement shall be limited to the total Compensation paid to you under this Agreement.
VOYD is not liable for errors and omissions in the Service and/or the Platform that are outside of VOYD's control. VOYD is further not liable for content that is lost, removed or distorted in connection with the Service and/or the 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 websites or other sources.
14. processing of Personal data
Your obligations and rights under these Terms cannot be transferred to another user. However, VOYD is entitled to transfer these Terms and associated 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
19.applicable law and dispute resolution
These Terms shall be applied and interpreted in accordance with Swedish law. A Swedish competent general court shall resolve all disputes arising from these Terms. VOYD reserves the right to apply for interim measures or to initiate other types of legal actions, including in other jurisdictions.