Creator Terms and Conditions

Thrypes operates the online platform Huerray (hereinafter "Platform"). Access to the Platform is provided via the website www.huerray.de.

Thrypes enables registered content creators ("Creators") to produce authentic video and photo content ("Content") for brands and companies ("Brands"). The Content may be used for online marketing on social media platforms or other digital channels.

Brands can create specific projects or briefs on the Platform, defining topics, styles, and formats for the desired Content. These projects are published via the platform and made visible to Creators. Creators can apply for individual projects, and once a Brand selects a Creator, Thrypes manages the project coordination and quality control. We may collaborate both with human Creators and with internal or external AI systems (e.g., to support content creation or image editing).

These General Terms and Conditions ("Huerray Creator GTC") govern the legal relationship between Thrypes and the Creators regarding the use of the Platform, the execution of projects, and the creation and remuneration of Content. By registering on Thrypes and confirming these GTC, the Creator acknowledges and accepts them as binding.

(1) These General Terms and Conditions ("GTC") govern the legal relationship between Thrypes and the registered content creators ("Creators") in connection with the use of the Platform, the execution of projects, and the creation and submission of content ("Content").

(2) Individually negotiated agreements between Thrypes and the Creator take precedence over these GTC. Unless proven otherwise, such agreements must be documented or confirmed in writing.

(3) The use of the Huerray Platform is reserved exclusively for entrepreneurs or self‑employed individuals as defined in Section 14 of the German Civil Code (BGB). By registering, the Creator confirms that they are acting in a professional or commercial capacity or have duly registered as self‑employed.

(4) Thrypes grants Creators a non‑transferable, revocable license to use the Platform solely within the framework of these GTC and the functionalities provided therein.

(5) Any differing, conflicting, or supplementary terms and conditions of the Creator shall not apply unless we have expressly agreed to their validity in writing.

(1) The Creator agrees to produce the content commissioned by the Brand via the platform (e.g. photo, video, or audio content) in accordance with the briefing provided through the platform and to transfer the corresponding rights to Thrypes as outlined in Section 6 of these Creator Terms.

(2) The Creator shall generally produce the Content personally but may, with prior approval from us, engage carefully selected third parties ("Co‑Creators") under their own responsibility. The Creator is solely responsible for the selection, instruction, and rights transfer of such Co‑Creators.

(3) The Creator will appear personally in the Content unless otherwise agreed, or may feature other individuals selected by the Brand or Thrypes, provided those individuals have explicitly consented to the rights transfer.

(4) The final Content must be delivered by uploading it through the designated feature on the platform. Unless otherwise agreed, the upload must take place no later than seven (7) calendar days after the conclusion of the contract and the receipt of all necessary production materials (see Section 7).

(5) The Creator agrees to make up to two reasonable revisions of the Content within one (1) feedback round, provided that Thrypes or the Brand requests changes within seven (7) days after upload and such changes fall within the scope of the original briefing. These revisions are covered by the agreed fee and must be implemented within seven (7) calendar days after receiving the feedback.

(6) The Creator is not obliged to make revisions that would require disproportionate effort or go beyond the agreed briefing. Statutory warranty rights (Section 10) remain unaffected.

(7) The contractual relationship between the Creator and us is independent. The Creator performs the agreed services as a self‑employed professional, in their own name and at their own expense. No rights or claims arise for the Creator from the contractual relationship between Thrypes and the Brand.

(8) We may use our own or external AI systems to support content creation. In such cases, the Creator will be informed accordingly; the Creator’s contractual obligations remain unaffected.

(1) By applying for a project published on the platform, the Creator submits a binding offer to enter into a contract for the creation of the content described in the briefing.

(2) The contract is concluded once Thrypes selects the Creator for the respective project, or when the Brand accepts the Creator’s application and Thrypes confirms the project in writing or on the platform. A response period of fourteen (14) calendar days shall apply.

(3) We are under no obligation to accept any submitted application or to enter into a contractual relationship. Applications may be declined or withdrawn at any time without stating reasons.

(4) After the contract has been concluded, the Creator receives a project confirmation via the Platform or by email containing all relevant details (briefing, deadlines, payment, production materials, and delivery method).

(5) The contractual basis consists of these Huerray Creator Terms, the respective briefing, and any supplementary agreements communicated to the Creator in writing.

(6) The Creator acts independently and on their own responsibility throughout the execution of the contract. No employment relationship exists between Thrypes and the Creator. The Creator is solely responsible for fulfilling their tax and social security obligations arising from their activity.

(1) For creating the agreed Content, the Creator receives compensation from Thrypes as specified in the contract. The applicable payment amount is displayed to the Creator on the Platform before submitting an application. Within an ongoing project, the Creator may propose additional or extended services. If the Brand accepts such an offer, the extension is confirmed as an additional project through the Platform and the compensation adjusted accordingly.

(2) Payments are processed via a credit note system. After the Content has been successfully approved, Thrypes issues a credit note on behalf of the Creator, made available in electronic form (PDF) via the Creator's Thrypes account.

(3) The Creator's entitlement to payment arises upon Thrypes's approval of the Content. Approval is generally granted within ten (10) days after the upload of the final Content, provided it meets the requirements of the briefing and any agreed additional services.

(4) The approval confirmation is sent electronically via the Platform or by email. The payment becomes due upon receipt of this confirmation. Thrypes then transfers the amount to the Creator's registered bank or payment account.

(5) The Creator is responsible for the proper taxation of their income. By accepting these Terms, the Creator confirms that they operate a commercial or self-employed business and possess a valid tax number.

(1) Upon full payment of the agreed compensation, the Creator grants Thrypes GmbH the exclusive, unlimited right to use the created Content without temporal, territorial, or material restrictions. This right covers all known and future forms of use. In particular, it includes the rights to store, reproduce, exhibit, publish, distribute, publicly perform, and make the Content available online—including use on social networks, in digital campaigns, print and online media, PR materials, audiovisual advertising formats, and at the point of sale.

(2) Thrypes is entitled to use, edit, or combine the Content for editorial, advertising, and internal purposes, provided the Creator’s legitimate interests—especially personality rights—are respected. To the extent permitted by law, the Creator waives the right to be credited as author and any approval right with respect to editing, combining, or publishing.

(3) Thrypes is entitled to grant sublicenses to Brands or other third parties and to exploit the granted rights in its own name or in the name of third parties.

(4) The Creator also grants Thrypes the right to pursue infringements of the granted rights by third parties, in our own name, in and out of court. The Creator undertakes to support us by providing the necessary information and evidence.

(5) Thrypes is entitled to use the Content, in whole or in part, in connection with AI systems, in particular as training, validation, or test data, as input for generative models, or to exploit the resulting outputs for its own or commercial purposes.

(6) The Creator transfers usage, authorship, and exploitation rights exclusively to Thrypes. Any use of the Content by the Creator or third parties outside the platform is permitted only with our express written consent.

(7) We are not obliged to publish or use the created Content.

(1) Thrypes develops its own artificial intelligence (AI) systems, deploys third-party AI models, or combines both approaches (collectively, “Thrypes AI”). For the purposes of this provision, an AI system is a machine-based system that operates with varying degrees of autonomy and generates outputs—such as content, recommendations, or predictions—based on inputs it receives.

(2) The rights granted under Section 5 expressly include the use of the Creator’s Content for AI training, further development, and application of Thrypes AI. This includes, in particular, the analysis, processing, storage, and algorithmic use of the Content to improve models, generate new content, and develop automated features.

(3) The Creator expressly consents to Thrypes using all data and content transmitted or generated under the contract—including any personal data—for the purposes set out above. This consent may be withdrawn at any time with effect for the future, without affecting the lawfulness of processing based on consent before its withdrawal.

(4) Thrypes undertakes to process all data and Content used for AI training in compliance with the GDPR and other applicable data protection laws and to implement appropriate technical and organizational measures to protect the data.

(1) The Creator represents and warrants that they hold all rights necessary in the created Content and are authorized to grant us the usage and exploitation rights set out in these GTC in full.

(2) Where third parties (e.g., Co-Creators, models, camera operators, audio or editing contributors) participate in or are identifiable within the Content, the Creator represents that all required consents and rights transfers from such persons have been obtained. This includes, in particular, personality rights, image rights, neighboring rights, and data protection consents.

(3) The Creator warrants that the Content created by them is free of third-party rights and that its use by Thrypes or the Brand does not infringe third-party rights, in particular copyrights, trademarks, personality rights, or competition rights.

(4) The Creator undertakes to inform us without undue delay as soon as they become aware of any indications or notices of potential third-party rights infringements in connection with the created Content.

(1) Any items, products, samples, or materials provided by the Brand for the purpose of creating the Content (“Production Materials”) become the property of Thrypes upon delivery to the Creator or directly to Thrypes, even if such delivery is made directly by the Brand.

(2) The Creator is only obliged to return the Production Materials if Thrypes has expressly not granted permanent possession of them. If the agreed Content is not created or uploaded on time, or if the Creator refuses to make required revisions pursuant to Section 2(5), the Creator must return all Production Materials to Thrypes, even if they were originally intended for permanent retention.

(3) The Creator must handle all Production Materials with care and use them solely for the purpose of fulfilling the respective project. Any other use, transfer, or promotion of such materials without our prior written consent is prohibited.

(4) If the Creator fails to return Production Materials within the specified period after being requested to do so, they shall pay Thrypes a contractual penalty equal to the retail value of the respective item, but not less than EUR 150. This contractual penalty will be offset against any further claims for damages.

(1) Thrypes and the Creator may terminate the contractual relationship at any time without notice for good cause. Good cause exists in particular if: a) the Creator breaches material contractual obligations or legal provisions, b) the Creator fails to perform or properly fulfill the agreed service despite being requested to do so, c) the Creator provides false information regarding their identity, activity, or legal status, d) the Creator creates or distributes content that violates applicable law, public decency, or platform policies, or e) insolvency proceedings are initiated against the Creator’s assets or such proceedings are dismissed for lack of assets.

(2) Ordinary termination of individual ongoing projects is excluded. The Creator must properly fulfill all accepted projects unless Thrypes expressly extends the termination to the respective project.

(3) Terminations must be made in writing (e.g., by email).

(4) In the event of a justified termination for cause by Thrypes, the Creator forfeits all claims to payment for services not yet rendered.

(1) The Creator is subject to a client protection obligation toward Thrypes. During the term of the contractual relationship and for a period of three (3) months after its termination, the Creator may not accept or carry out direct or indirect projects from Brands that became known to them in connection with their activities via Thrypes.

(2) This client protection obligation applies within Germany, Austria, and Switzerland, and covers in particular all services related to user-generated content, brand collaborations, or advertising production.

(3) In the event of a breach of this obligation, the Creator shall pay Thrypes a contractual penalty equal to three times the agreed compensation for the respective project — even if the Content was not produced (“hypothetical compensation”). We also reserve the right to suspend the Creator’s account and assert further claims for injunctive relief or damages.

(4) If there is uncertainty as to whether a Brand became known to the Creator through their activities with us, the Creator bears the burden of proof that the Brand was known to them independently of Thrypes.

(5) If the Creator is excluded from using the Platform without good cause, they may declare in writing within one month of the suspension that they no longer consider themselves bound by the client protection clause; in this case, the clause becomes void.

(1) Both parties agree to treat all confidential information disclosed to them in connection with the performance of this Agreement as strictly confidential and to use such information only for the purposes agreed under this contract.

(2) “Confidential information” means all information, documents, data, and materials that are marked as confidential or are, by their nature, to be considered confidential. The Creator undertakes, in particular, to grant access to confidential information of the Brand only to persons directly involved in fulfilling the contractual services. Both parties also agree not to file any intellectual property applications based on the other party’s confidential information.

(3) If either party is legally required or ordered by a public authority to disclose confidential information, they must notify the other party immediately—and, where legally permissible, before disclosure—of such obligation.

(4) The confidentiality obligations shall continue to apply after termination of this Agreement. Upon termination, both parties must, upon request, promptly return or—where no legal retention obligations exist—destroy all confidential information belonging to the other party, to the extent it has not been lawfully consumed in the course of fulfilling this Agreement.

(1) The Creator shall indemnify and hold Thrypes harmless from all reasonable costs and expenses incurred in the defense against justified third-party claims, provided such claims arise because:

• a) third parties assert an infringement of their intellectual property rights against Thrypes in connection with Content created by the Creator and such infringement results from the Creator’s culpable conduct; or
• b) third parties assert claims arising from the Creator’s culpable breach of the representations and warranties set out in these Terms (in particular, but not limited to, Section 7).

(2) The indemnification obligation shall not apply to the extent that the respective third-party claim is attributable to our own fault.

(3) The Creator’s indemnification obligation applies only if a) the respective third-party claim has been finally adjudicated, and b) Thrypes has informed the Creator in writing of the claim within a reasonable period after such final adjudication.

Where Thrypes processes personal data in the course of providing services for which it is not the controller within the meaning of the GDPR, or where access to such data cannot be excluded, the parties shall, in advance, enter into a data processing agreement compliant with Article 28 GDPR.

If personal data of third parties is transmitted to us by the Creator, such processing shall take place solely on behalf of the Creator and in accordance with the applicable legal requirements. The Creator remains responsible for the lawfulness of such data processing.

No transfer of functions to Thrypes shall take place. We reserve the right to restrict or suspend certain Platform functionalities if no valid data processing agreement is in place.

We reserve the right to amend these Terms in the future where justified reasons exist (e.g., legal changes, new services, or technical adjustments). The Creator will be informed of any amendments by email at least four weeks before they take effect. If the Creator does not object within this period, the amendments shall be deemed accepted.

(1) This Agreement is governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) The Creator may only set off claims that are undisputed or have been finally adjudicated. The same applies to the assertion of rights of retention.

(3) The assignment of claims or rights under this Agreement by the Creator is only permitted with our prior written consent, subject to § 354a of the German Commercial Code (HGB).

(4) Should any provision of this Agreement be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid one shall apply that most closely reflects the intended economic purpose. The same applies in the event of contractual gaps.

(5) The place of performance and jurisdiction is the registered seat of Thrypes, provided the Creator is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction in Germany. We reserve the right to bring action against the Creator at their general place of jurisdiction.

(6) The contractual language is German. Translations are provided for convenience only; in case of discrepancies, the German version of these General Terms and Conditions shall prevail.