General terms and conditions for the use of connactz by artists - artists' terms and conditions

These GTCs apply only to user in the sense of the terms under item 1. The terms of use for organizers can be found at https://www.connactz.com/en/terms/organizer.
Status: February 2025

Preamble

The connactz GmbH, Nelkenstraße 23, 94447 Plattling (hereinafter referred to as the “Provider”), operates the online platform/app connactz, currently available as a native iOS, Android, and web application (hereinafter referred to as the “Platform”).

Actors, musicians, camera operators, DJs, bands, event technicians, editors, writers, etc. (hereinafter referred to as “Artists”) can create a free account on the platform to utilize specific management services. These services include a calendar application for organizing, managing, and handling event schedules.

Artists can create one or more “Projects” and, with optional paid features, coordinate within teams, organize events (e.g., rehearsals, shootings, performances), or publicly present themselves to “Organizers” (in the case of music projects) to receive performance opportunities (hereinafter referred to as “Requests”). A “virtual agent” (software with automation and artificial intelligence) assists artists in organizing and coordinating their calendars, as well as generating contracts and invoices. Additionally, the “virtual agent” provides information about team member availability, schedule conflicts, or changes to events. The Provider does not offer its own performance opportunities or jobs through the platform.

The specific terms for platform usage by artists are defined by these General Terms and Conditions (hereinafter referred to as “Artist Terms”). The Artist Terms govern the relationship between the Provider, as the operator of the platform, and the artists who use the platform.

If an event contract is concluded between an artist and an organizer or between an artist and a project, the content of the event contract is determined solely between the artist and the organizer or project, optionally with the support of a contract configurator within the platform. The Provider is not a party to this event contract.

These Artist Terms are permanently available to artists at https://www.connactz.com/en/terms/artist.

  • Terms

    • Artists are natural persons (typically with artistic, organizational or technical skills such as playing instruments, acting, camera operation, sound engineering, or management) who usually use the platform as part of one or more projects. As part of their platform usage, artists can join one or multiple projects.
    • Projects represent self-employed solo artists (solo entertainers, DJs, etc.) and/or groups of multiple artists. Projects are always considered companies (§ 14 BGB).
    • Organizers are natural or legal persons, or legally capable associations of persons (e.g., wedding couples, clubs, festival hosts, event organizers) who are in the planning phase of an event and are seeking artistic services for that event. Organizers can be either companies (§ 14 BGB) or consumers (§ 13 BGB).
  • Service description

    • The Provider offers artists an app- or browser-based application for registering a free account. Registration is only permitted for natural persons who are fully legally competent, meaning in particular those of legal age.
    • Artists can store information about their artistic background in their account, showcase their current activities, and recommend themselves to others as, for example, actors or substitute musicians. These data are accessible to other registered users (= artists, projects and organizers) on the platform and facilitate networking among artists.
    • Artists can create projects to organize themselves, for example, as solo musicians (solo entertainers, DJs, etc.) or as a group of multiple artists (e.g., film projects, theater groups, bands, brass bands, choirs). In the case of music projects, they can also present themselves to organizers. Artists can either be invited to join projects or create them themselves. By creating a project, the artist confirms that the artist(s) operate as companies (§ 14 BGB) and that they are authorized to represent the project (the business, the artists, etc.).
    • The “virtual agent” synchronizes the calendars of artists within a project and simplifies the management of shared performance and event data, particularly key details such as venue, start time, and more.
    • Artists and projects each receive a publicly accessible profile page displaying the artist or project name, a description, as well as photos, audio samples, videos, etc. Unless deactivated by the project administrators, artists and projects are listed in a directory. Music projects can be contacted by organizers for bookings.
    • The first project an artist creates receives a free Gold trial package for 30 days. After this period, the trial package ends automatically, and no cancellation is required. Additional projects created by the same artist do not receive this trial package.
    • Projects have access to various paid agent services with different levels of functionality: the “Silver Agent”, the “Gold Agent”, and the "Platinum / Enterprise Agent”. The exact scope of services for each agent is determined by the service description available at https://www.connactz.com/en/price at the time the contract begins.
    • The provider is entitled to increase or reduce the scope of services under this clause at any time during the contract term. The provider will inform the artist in due time about such changes in accordance with the procedure described in Section 10.1 of these Artist Terms. In the event of a reduction in services, the artist has the right to object as outlined in Section 10.1 of these Artist Terms, as well as the right to terminate the contract extraordinarily.
    • For music projects, up to two different lineups (e.g., performing as a "Duo" or alternatively as a "Band") can be assigned to the same project. However, if different stage names are used, a separate project with its own profile must be created.
  • Conclusion of Event & Service Contracts

    • As part of the platform's usage, artists and projects can connect with each other, as well as with organizers, to negotiate terms for events, performances, or assignments. Statements made in this context are initially not legally binding unless the parties explicitly declare them as binding.
    • If the parties agree on the essential details of an assignment, it is possible to book artists or music projects directly through the platform.
    • After booking an assignment, the artist or music project can either upload their own contract draft to the platform, create a contract draft using the platform’s contract configurator, or confirm the booking informally without a contract document. This process constitutes a legally binding offer by the artist or music project to conclude a contract under the previously negotiated conditions.
    • If artists, organizers, or projects conclude a contract with each other via the platform, the provider is not a party to this contract. The provider assumes no responsibility for the accuracy of the contract template or the validity of the provisions contained therein. This also applies if the artist or project uses the contract configurator developed by the provider to the best of its knowledge and belief. The contract configurator does not constitute individual legal advice from the provider. When using their own contract template, the artist or project must comply with the requirements set forth in Section 7.3.
    • The platform currently does not provide an option to cancel already concluded contracts. Any cancellation and the associated conditions must be negotiated individually by the contracting parties.
    • Starting with the "Silver Agent," projects have the ability to generate invoices for completed assignments. These invoices are provided to artists and organizers in PDF format via the platform. The provider is not involved in the payment processing. Starting with the "Gold Agent," the contract configurator is also available.
  • Contract term and termination

    • The contract for the free use of the platform, concluded under Section 2.1 of these Artist Terms (hereinafter referred to as the “Platform Contract”), runs for an indefinite period. As long as the Platform Contract only includes free platform usage, both the artist and the provider may terminate it at any time without notice. Termination is effected by deleting the account or by notifying the other party accordingly via the platform or by email.
    • For paid agent services for projects (Section 2.7), users can choose between an annual or a monthly subscription. Annual subscriptions have a minimum term of one year, while monthly subscriptions have a minimum term of one month, each starting from the activation of the selected agent service. The subscription is automatically extended by one additional year for annual subscriptions or one additional month for monthly subscriptions unless terminated before the end of the current term. Termination is effected by notifying the other party accordingly via the platform or by email.
  • Prices and payment processing

    • If the provider renders paid services for artists or projects (Section 2.7), the artist or project shall pay a monthly or annual fee as agreed in the platform contract.
    • Payments are debited monthly or annually via the payment service provider Stripe, depending on whether a monthly or annual subscription has been selected. When purchasing a paid service, the artist is redirected to Stripe to enter their payment details. The provider has no access to the artist's stored payment information.
    • The provider is entitled at any time to introduce fees for services that were free of charge at the time of contract conclusion and/or to adjust the fees described in Section 5 of these Artist Terms at the start of a new contract period. The provider will inform the artist / project in due time about such changes in accordance with the procedure described in Section 10.1 of these Artist Terms. In this case, the artist / project has the right to object as outlined in Section 10.1 of these Artist Terms, as well as the right to extraordinary termination.
  • Data protection and security

    • All personal data collected from projects and artists is processed in accordance with applicable data protection laws. The provider's privacy policy applies.
  • Rights and duties of the projects / artists

    • Creating an account requires that the artist is artistically active or works in an artistic field.
    • The project or artist must comply with applicable laws when using the platform and fulfilling event contracts arranged through the platform. Additionally, they must always maintain a professional and respectful manner when interacting with organizers and other projects or artists.
    • If the artist or project uses its own contractual terms in accordance with Section 3.3 of these Artist Terms, the following requirements must be observed:
      • The contractual terms define the essential components of the contract in a transparent manner. In particular, they clarify who the contracting parties are and that the provider of the platform is not a party to the contract.
      • The contractual terms do not contain any obviously invalid provisions.
      • The contractual terms include comprehensive and industry-standard provisions for the execution of events, performances, and assignments.
      • The contractual terms are aligned with the facilitation and execution of contracts through the platform.
    • Artists and projects guarantee the provider that they are authorized to use and share the content (texts, images, etc.) they provide for an offer. They also assure that the information they provide is always accurate and up to date and commit to complying with fair competition rules. Artists and projects shall indemnify the provider upon first request against all third-party claims, in particular those related to events, performances, or assignments conducted via the platform, as well as claims concerning copyright, competition, trademark, data protection, and personal rights violations asserted against the provider in connection with the use of the platform by artists or projects. Artists and projects must immediately inform the provider if they become aware of any claims, proceedings, or third-party investigations related to the use of the platform. The provider reserves the right to take appropriate measures to defend against third-party claims or protect its rights. The indemnification also includes reimbursement of reasonable costs incurred by the provider for legal prosecution or defense.
    • From time to time, the provider may publish information from artists, and projects for marketing purposes on the platform, the provider's website, or other advertising media (social media, flyers, advertisements, etc.). To this end, artists, and projects grant the provider a free, non-exclusive, unlimited right in terms of time, geography, and content to make their provided profile information (texts, images, etc.) publicly accessible, reproduce, distribute, and modify it within the limits of (copyright) personality rights from the time of contract conclusion. This rights grant can be revoked at any time in writing (text form is sufficient) by notifying the provider.
  • Rights and obligations of the provider

    • Der Anbieter darf Projekte oder Künstler jederzeit von der Teilnahme an der Plattform ausschließen bzw. den Plattformvertrag kündigen, wenn das Projekt oder der Künstler wesentliche Pflichten zur Nutzung der Plattform verletzt, insbesondere die Künstler-AGB oder geltende Gesetze.
    • The provider strives to ensure that its services are always as fully available as possible to projects and artists on the agreed devices. It takes all reasonable technical and personnel measures to minimize overload or platform failures. However, the provider cannot guarantee 100% availability of the platform. Likewise, it cannot ensure a completely error-free display of the platform on the agreed devices, especially when using unsuitable or outdated hardware and software (e.g., outdated browsers).
    • The provider is entitled at any time to restrict or suspend access to the platform and/or specific content for projects, artists, and organizers, as well as to delete individual content, if there is reasonable suspicion of misuse or a violation of the Artist Terms. This also applies if there is suspicion that projects, artists, or organizers are violating applicable laws or third-party rights.
    • The provider may send projects and artists statistics about their own profile via email and inform them about platform updates or new collaborations. Projects and artists can object to receiving these emails at any time with effect for the future.
    • The provider is entitled to display advertisements on all pages of the platform. Additionally, the provider may modify or change the appearance, structure, and functionality of the platform at any time without the consent of the artist or project, or discontinue the platform's operation entirely.
  • Warranty and liability

    • The provider expressly does not assume liability for contract breaches by artists or projects offering their services on the platform, as the provider is not a contracting party for events, performances, or assignments. Artists, projects, or organizers are liable for defects in events, performances, assignments, or other breaches of duty in accordance with contractual and legal provisions.
    • The provider also assumes no guarantee for the continuous accuracy or correctness of the content posted on the platform by artists or projects.
    • The provider is fully liable for intentional or grossly negligent breaches of duty. For slight negligence, liability is limited to breaches of essential contractual obligations that endanger the purpose of the contract (so-called cardinal obligations). Claims for damages related to health, physical integrity, or life remain unaffected by the above limitations of liability. The provider explicitly assumes no liability for the non-fulfillment of contractual obligations if they are caused by reasons beyond the provider's control.
  • Provisions related to the P2B regulation

    With the provisions of this Section 10, the provider meets the specific requirements of Regulation (EU) 2019/1150 of June 20, 2019, on promoting fairness and transparency for business users of online intermediation services ("P2B Regulation"), insofar as these requirements are not already covered by other provisions of these Artist Terms.
    • Restriction, Suspension, and Termination: The provider reserves the right to temporarily restrict or terminate access to the platform for artists and projects under the following conditions:
      • In case of a violation of the obligations under Section 7 of these Artist Terms.
      • If the artist or project is in default with the payment of the monthly fees (Section 5.1) for two consecutive due dates or a significant portion thereof, or if they are in default over a period of more than two due dates with an amount equivalent to two months' fees.
      In the cases mentioned here, the provider will inform the artist or project of the reason for the measure by email either in advance or at the time it takes effect.
    • Ranking: When an organizer, artist, or project searches for artists or projects to plan events, performances, or assignments, the relevant profiles are displayed based on the following criteria:
      • Matching of the organizer's requirements with the profile details of artists and projects (e.g., genre, lineup, local availability, repertoire);
      • Information from previous applications and events (e.g., fee expectations, past rejections or acceptances);
      • Availability from the calendar.
      • Artists / projects have the possibility to improve their ranking in the context of the search according to clauses 10.2.1 to 10.2.3 by booking the "Platinum Agent". Among comparable artists 7 projects, artists / projects are displayed here in the context of filtering / sorting in preference to other, equally suitable artists.
    • Data Access After Contract Termination: The provider points out that data from projects, artists, and organizers may continue to be stored after the contract ends in compliance with applicable data protection laws, provided this is permitted due to legal or other retention obligations or legitimate interest.
    • Data Access During Use: The provider points out that artists and projects have access to their own data stored on the platform (whether personal or non-personal) as well as to the data of other artists, projects and organizers as follows:
      • In the course of the booking process, (personal) data of the organizers / artists / projects involved in the order is transmitted and stored.
    • Internes Beschwerdemanagementsystem: Der Anbieter hat ein internes Beschwerdemanagementsystem eingerichtet, das den Anforderungen der P2B-VO entspricht. Die entsprechenden Kontaktinformationen sind auf der Website des Anbieters im Impressum abrufbar. Dort finden sich auch Informationen zur Funktionsweise und Wirksamkeit des internen Beschwerdemanagementsystems.
    • Mediation: In the event of complaints from artists or projects that cannot be resolved by the means of the internal complaints management system specified in the P2B Regulation, the provider is prepared to work with at least the following mediators to reach an out-of-court settlement with artists and projects of any disputes relating to the provision of the platform and corresponding complaints:
      • Lawyer Jutta Klumpp, Klumpp Law Office, Südostallee 128, D-12487 Berlin; Tel.: +49 (0) 178 460 5257; e-mail: info@kanzlei-klumpp.de.
      • Attorney at Law Dr. Philipp Höttler, LL.M., Hoflacher Str. 6, D-82223 Eichenau; Tel.: +49 (0) 172 7378310; E-Mail: info@kanzlei-hoettler.de.
  • Other

    • Der Anbieter behält sich das Recht vor, diese Künstler-AGB jederzeit zu ändern, sofern dies für Künstler und Projekte zumutbar ist und sie dadurch nicht unangemessen benachteiligt werden. Künstler und Projekte werden mindestens fünfzehn (15) Tage vor Inkrafttreten der Änderungen per E-Mail informiert. In dieser E-Mail erhalten sie die neuen Künstler-AGB. Künstler und Projekte haben das Recht, der Geltung der neuen Künstler-AGB innerhalb dieser Frist per E-Mail zu widersprechen. Lässt der Anbieter die Fortgeltung der bisherigen Künstler-AGB im Falle eines Widerspruchs nicht zu, haben Künstler und Projekte ein Kündigungsrecht. Die E-Mail enthält zudem einen Hinweis auf das Widerspruchsrecht, die Widerspruchsfrist sowie die Bedeutung eines unterlassenen Widerspruchs. Erfolgt kein Widerspruch, werden die geänderten Künstler-AGB nach Ablauf der 15-Tages-Frist Vertragsbestandteil. Auf diese Frist wird in der Änderungsmitteilung ausdrücklich hingewiesen.
    • The provider is entitled to transfer this contract with all rights and obligations to a company of his choice. The transfer shall become effective four (4) weeks after it has been communicated to the User / Artist. In the event of this transfer, the Musician / the Artist shall be entitled to a special right of termination, which must be asserted within one month of notification.
    • The law of the Federal Republic of Germany applies. The place of performance for mutual obligations under this contract and the place of jurisdiction is the provider’s registered office. However, the provider is entitled to choose the registered office of the artist or project as the place of jurisdiction.

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