Diztree

§ 1 Scope & Provider

(1) These General Terms and Conditions (GTC) govern the use of the "Diztree" platform (hereinafter the "Platform"), operated by Diztree, owner: Benjamin Klügel, Achtern Diek 7, 25436 Uetersen, Germany (hereinafter the "Provider").

(2) Users of the Platform are artists, labels and other persons who use the Platform to manage, distribute and market music and related content (hereinafter "Users").

(3) Any deviating terms of the User are hereby objected to, unless they have been expressly agreed to in writing.

§ 2 Subject Matter of the Contract & Services

(1) The Provider provides a Software-as-a-Service platform which, depending on the scope booked, may in particular include the following functions:

management of artist profiles, releases, tracks and metadata;
delivery of releases to streaming/download services (DSPs) via the distributor FUGA;
creation and operation of an online shop (digital products and merchandise);
AI-assisted functions (e.g. marketing content, music, image and video generation), usable via a balance/credit system;
marketing and advertising functions (including integration with Meta and TikTok);
accounting of royalties/revenues as well as payouts.

(2) The specific scope of services depends on the configuration chosen or the package booked in each case. The Provider is entitled to further develop, change or discontinue functions, provided this is reasonable for the User.

(3) Certain functions are provided via third parties (e.g. FUGA, Stripe, Wise, Anthropic, Suno, Meta, TikTok). In this respect, their terms additionally apply. The Provider does not owe the availability of third-party services and is not liable for their failures or decisions (e.g. rejection/removal of releases by DSPs).

§ 3 Registration & Conclusion of Contract

(1) Use requires registration with accurate, complete information. Access credentials must be kept confidential.

(2) By submitting the registration, the User makes an offer to conclude a usage agreement; the contract is concluded once the account is activated or confirmed by the Provider.

(3) The User warrants that they are of legal age and have full legal capacity, or that they are acting with the consent of their legal representative.

§ 4 Balance (Credits), Prices & Payment

(1) Certain functions (in particular AI functions) are billed via a balance ("Credits"). Credits can be purchased for a fee. The prices and package sizes applicable in each case are shown within the application.

(2) Payment processing is carried out via Stripe. Upon purchase, the balance is credited to the account. Credits are consumed in accordance with the use of the respective function; consumed Credits are not refunded — subject to mandatory statutory rights. If a paid action fails technically, the Credits debited for it are automatically refunded in accordance with the application.

(3) The applicable statutory value-added tax is automatically determined and shown during the payment process via our payment service provider Stripe (Stripe Tax) based on the User's location.

(4) Unless otherwise stated, the balance is non-transferable to third parties and cannot be paid out.

§ 5 User Obligations & Permitted Content

(1) The User is solely responsible for the content they upload or distribute via the Platform (e.g. audio, artwork, text, metadata).

(2) The User warrants that they hold all necessary rights (in particular copyright, ancillary copyright, trademark and personality rights) in the content provided and that its distribution does not infringe any third-party rights or statutory provisions.

(3) In particular, unlawful, infringing, misleading (e.g. incorrect contributor/metadata), defamatory, content harmful to minors or content inciting criminal offences is prohibited, as is content containing malware or disrupting systems. Manipulation of streaming/sales figures (e.g. "stream farming") is prohibited.

(4) The Provider is entitled, in the case of reasonable suspicion of legal violations, to block content, withdraw releases (takedown) and/or block the account.

§ 6 Grant of Rights for Service Provision

(1) The User grants the Provider the non-exclusive rights of use in the content provided, limited in territory and time to the term of the contract, that are necessary to provide the commissioned services — in particular for storage, technical processing/conversion, delivery to DSPs and display in the shop.

(2) No exploitation by the Provider beyond this takes place. The rights in the content remain with the User or the respective rights holders.

(3) The User indemnifies the Provider against third-party claims asserted on account of an infringement of rights by the content provided by the User (see also § 9).

§ 7 Revenues, Accounting & Payouts

(1) The User may be entitled to revenues from distribution (DSP royalties) as well as from shop sales. The Provider accounts for these on the basis of the data reported by the third parties/DSPs; the amounts actually received by the Provider are decisive.

(2) The Provider retains a commission or service fee in the amount shown in each case. Payouts are made in accordance with the application (e.g. from a minimum amount) via Stripe Connect and/or Wise to the payment details provided by the User.

(3) The User is responsible for the accuracy of their payout, tax and contributor data. In the event of chargebacks, cancellations or corrections by the DSPs/payment service providers, amounts already credited may be adjusted accordingly.

§ 8 Availability

The Provider endeavours to ensure high availability of the Platform but does not owe uninterrupted availability. Maintenance work, force majeure as well as disruptions outside the Provider's sphere of influence (in particular with third-party services) may restrict availability.

§ 9 Liability

(1) The Provider is liable without limitation in cases of intent and gross negligence, as well as for injury to life, body or health and under mandatory statutory provisions (e.g. the Product Liability Act).

(2) In cases of simple negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation), the fulfilment of which makes the proper performance of the contract possible in the first place and on whose compliance the User regularly relies; in this case, liability is limited to the foreseeable damage typical for the contract.

(3) Otherwise, liability is excluded. Liability for lost profit, foregone revenues or data loss is excluded within the foregoing limits; the User is responsible for their own data backups.

(4) The Provider is not liable for the content and actions of Users, nor for the services, decisions or failures of third-party services (e.g. DSPs, payment service providers, AI services).

§ 10 Term, Termination & Blocking

(1) The usage agreement runs for an indefinite period and may be terminated by either party at any time with reasonable notice, unless deviating terms have been agreed for individual paid services. The right to extraordinary termination for good cause remains unaffected.

(2) The Provider may block the account or terminate the contract extraordinarily in the event of serious or repeated breaches of these GTC.

(3) After the end of the contract, the Provider may delete the User's content after a reasonable period; statutory retention obligations remain unaffected. Ongoing deliveries to DSPs may be terminated.

§ 11 Right of Withdrawal for Consumers

(1) If the User is a consumer (§ 13 BGB), they are generally entitled to a statutory right of withdrawal in the case of paid contracts. Details are set out in the separate withdrawal instructions.

(2) In the case of digital content/services (e.g. the purchase and immediate use of Credits), the right of withdrawal lapses prematurely if the User expressly consents to performance beginning before the expiry of the withdrawal period and confirms their acknowledgement that the right of withdrawal thereby lapses (§ 356(5) BGB).

§ 12 Amendments to the GTC

The Provider may amend these GTC with effect for the future, provided this is necessary and does not unreasonably disadvantage the User. The User will be informed of amendments in an appropriate manner (e.g. by email or notice within the application). If the User does not object within the reasonable period communicated, the amendments are deemed accepted; this will be pointed out separately.

§ 13 Final Provisions

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, the mandatory protective provisions of the state of their habitual residence remain unaffected.

(2) If the User is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of the Provider.

(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.