Brand Terms of Service

These Brand Terms of Service (“Brand Terms”) govern the relationship between PingCreator (“PingCreator”, “we”) and companies that commission content through PingCreator (“Brand”, “you”). Creators are governed separately by our Creator Terms of Service. Individually agreed terms for a specific campaign take precedence over these Brand Terms.

1. Who these terms apply to

PingCreator works exclusively with businesses acting in a commercial or professional capacity (an “Unternehmer” within the meaning of § 14 of the German Civil Code, BGB) — not with private individuals. A Brand’s own standard terms do not apply to the relationship, even where we have not expressly objected to them.

2. What PingCreator provides

PingCreator sources, manages, and quality-checks independent content creators (“Creators”) on your behalf to produce video and photo content (“Content”) matching your brief, and delivers approved Content to you together with the usage rights described below. This is currently a managed service: you do not need to create a platform account, log in, or handle payment through a self-serve checkout — our team runs the process for you and confirms each campaign, its scope, and its fee with you directly (by email or another agreed channel) before work begins.

3. How a campaign works

You provide a brief describing the product to be featured, the content you need (length, format, platform, tone, do’s and don’ts, and any other requirements), and your budget. We match your brief with a suitable Creator from our network, manage the production on your behalf, and share the finished Content with you for review. PingCreator commissions the Creator in PingCreator’s own name and on its own account — no separate contract is formed between you and the Creator.

4. Fees and payment

The fee for a campaign is agreed and confirmed with you before work begins, plus applicable VAT. Payment terms (timing and method) are confirmed per campaign; where a self-serve online payment option (e.g. via our payment partner, Stripe) is offered for a campaign, we will disclose the amount in full before you are charged. We do not offer legal review, compliance checks (e.g. advertising law), or fulfilment of your own statutory disclosure obligations (e.g. mandatory disclosures to consumers) as part of this service.

5. Cancellation

You may cancel a confirmed campaign by contacting us before production has meaningfully begun. Depending on how much work has already been committed to a Creator at that point, a cancellation fee may apply to cover costs already incurred — we will tell you the applicable amount, if any, at the time of cancellation.

6. Review and approval

Once Content is delivered, we’ll share it with you for review. Let us know within a reasonable time if you’d like a revision; otherwise we’ll treat the delivery as approved once you confirm it (or, where agreed for a specific campaign, once our team confirms it on your behalf). Usage rights transfer to you upon approval, as set out in Section 7.

7. Content usage rights

Once Content is approved, you receive an exclusive, worldwide, perpetual license to use it for all known and future forms of use — including your own marketing, advertising, social media, website, print, packaging, point-of-sale, and PR use, in original or edited form (montage, colour grading, combination with other material, etc.), and the right to sublicense that use to third parties (e.g. agencies acting on your behalf).

Not included in this license: the right to feed the Content, in whole or in part, into AI systems (e.g. as training, validation, or test data, or as an input/prompt), or to freely exploit AI-generated output derived from it. That right is reserved to PingCreator and is not transferred.

We may also use approved Content, on a non-exclusive basis, for PingCreator’s own marketing and PR purposes.

8. Products you send us

If a campaign involves a physical product that needs to be shipped to a Creator (e.g. for an unboxing or review video), any product samples you provide become the property of PingCreator once shipped, including where they’re shipped directly to a Creator on your behalf. We don’t guarantee return of samples used up in the course of producing the Content.

9. Your obligations

You agree to:

• only request Content for products or services you’re legally entitled to advertise;
• not request Content that violates the personal rights of others, promotes illegal activity, or discriminates based on race, ethnicity, gender, religion, disability, age, or sexual orientation;
• comply with applicable law, including data protection law, when using PingCreator; and
• give us accurate, complete briefs and timely feedback so we can deliver on schedule.

10. Working directly with Creators

If PingCreator introduces you to a Creator through a campaign, please keep any further work with that same Creator — for this campaign or a related one within the next 3 months — running through PingCreator rather than arranging it directly outside the platform. If you do bypass us to work with a Creator we introduced you to, we may charge a fee reflecting the value of the introduction, in addition to any other rights we have.

11. Confidentiality

Each party will keep confidential information it receives from the other in the course of a campaign confidential, use it only for the agreed purpose, and continue to do so after the relationship ends, except where disclosure is required by law.

12. Third-party rights

We’re not liable for infringement of third-party rights unless it’s our fault, or the Content is used outside the scope agreed with you. If a claim arises from your use of the Content outside that scope, or from material or instructions you provided, you agree to indemnify us against reasonable resulting costs, including legal fees.

13. Liability

We’re fully liable for intent and gross negligence, and for harm to life, body, or health. For ordinary negligence, we’re only liable for breach of a material contractual obligation (one whose fulfilment makes the contract possible in the first place, and on which you may reasonably rely), and even then only for damage that was foreseeable at the time the campaign was agreed. Statutory liability that can’t be limited (e.g. under product liability law or for data protection breaches) is unaffected.

14. Using you as a reference

Unless you tell us otherwise, we may name you and use your logo as a client reference (e.g. on our website or in pitch materials). You can ask us to remove this at any time and we’ll do so within 30 days.

15. Use of AI tools

PingCreator and the Creators we work with may use AI tools (including generative AI, such as large language models and image generation models) as part of producing Content. Where Content was substantially produced using AI, we’ll let you know.

16. Data protection

Where we process personal data on your behalf as part of a campaign, we’ll do so under a data processing agreement meeting the requirements of Art. 28 GDPR. You remain responsible, as the controller, for your own compliance with applicable data protection law.

17. Changes to these terms

We may update these Brand Terms from time to time, for example to reflect a change in the law or in what PingCreator offers. We will notify you of material changes in advance where they apply to an ongoing campaign.

18. Governing law and jurisdiction

These Brand Terms are governed by German law. To the extent permitted by law, the courts at PingCreator’s place of business have jurisdiction over any dispute.

19. Miscellaneous

These Brand Terms are in English. If a signature or other formal requirement applies under applicable law, we’ll confirm the relevant process with you separately. Should any provision of these Brand Terms be or become invalid, the remaining provisions stay in effect, and the invalid provision is replaced by one that comes as close as possible to its intended economic purpose.

Contact

Questions about these Brand Terms can be sent through our contact page.