Terms of Service for Creators

1. Background

These Terms of Service (the “Terms”) shall apply to the use of the Platform (as defined below) provided by The Viewer Company AB, a Swedish limited liability company, reg. no 559536-2203, (“Company”, “we”, “our”, or “us”) and accepted by a creator (“Creator”, “You”, or “your”) upon registration on the Platform. The Company and the Creator are collectively referred to as the “Parties” and individually as a “Party”. These Terms, together with any documents incorporated by reference herein, constitute the agreement between the Parties (the “Agreement”).

• The Company’s platform uses machine learning and AI to measure the performance of influencers, games, and game providers on live streaming platforms such as Twitch, YouTube and Kick (the “Platform”).
• The Company provides its customers (each, a “Customer”) with access to the Platform to track, explore, research, and benchmark the growing live streaming market with AI-powered data and insights. The Creator’s role on the Platform is to make the Creator available for tracking and data collection by the Company’s Customers. For the avoidance of doubt, the Company does not act as an intermediary between the Customer and the Creator, and the Company does not handle, process or facilitate any payments between the Customer and the Creator. Any commercial arrangements between the Creator and a Customer, including compensation for any activities, are solely between the Creator and the relevant Customer.

2. Roles and Obligations of the Parties

Role of the Company

The Company operates a software-as-a-service (SaaS) platform for data analytics. The purpose of the Platform is to make the Creator’s publicly available streaming data searchable and analysable for the Company’s Customers.

Role of the Creator

By registering on the Platform and accepting these Terms, the Creator enters into a contractual relationship with the Company for the purpose of making the Creator visible and trackable for the Company’s Customers through the Platform. The Creator constitutes a “business user”.

Disclaimer

For the avoidance of doubt, the Company does not act as an agent, intermediary or broker between the Creator and any Customer, and is not a party to any agreement or arrangement between the Creator and any Customer. The Company does not solicit, negotiate, facilitate or process any assignments, engagements or payments between the Creator and any Customer. Any commercial relationship between the Creator and a Customer, including any compensation, fees or other consideration, is solely between the Creator and the relevant Customer, and the Company shall have no liability in connection therewith.

3. Use of the Platform

• These Terms constitute the contractual relationship between the Parties under which the Creator makes itself available on the Platform for tracking and data collection by the Company’s Customers. The “Services” provided by the Company under these Terms comprise:
  • making the Creator’s streaming activities available for tracking, measurement and analysis through the Platform; and
  • enabling the Company’s Customers to access AI-powered data and insights relating to the Creator’s streaming activities, including performance data relating to Creators, games and game providers.
• For the avoidance of doubt, the Creator acknowledges and agrees that the Terms only applies between the Creator and the Company, and that the Creator will not have entered into any agreement or contractual relationship with any Customer relating to the Services. Any rights granted to a Customer under these Terms shall be exercised through the Company, and no Customer shall have any direct claims against the Creator under these Terms, save for claims arising from the Creator’s infringement of such Customer’s Intellectual Property Rights or the Creator’s breach of applicable law in connection with the Services.
• The Company reserves the right to suspend or limit your access to the Platform and the Services, with immediate notice specifying the reason for suspension or limitation of access, if the Company, acting reasonably, deems it necessary due to:
  • your material breach of these Terms;
  • a security risk to the Company and/or its Customers; or
  • legal or regulatory requirements.

The Company shall not be liable for any damages resulting from a suspension undertaken in accordance with this Section.

4. The Platform

• The purpose of the Platform is to facilitate the tracking and analysis of the Creator’s streaming activities and to enable the Company’s Customers to access data and insights relating thereto.
• The Creator must have legal capacity and must meet the minimum age requirements of the relevant streaming platform (e.g. Twitch, YouTube or Kick) to register on and use the Platform. The Platform is not available to and may not be used by individuals who do not meet both of these age requirements. The Company disclaims all liability related to the use of the Platform by anyone who does not meet the age requirements set out in this Section 4.2.
• To gain access to the Platform, the Creator must create an account. The Creator ensures that all information provided in connection with the registration is accurate, up to date and complete. The Creator is responsible for maintaining the confidentiality of the account credentials, and for all activities that occur on the account. The Creator agrees to immediately notify the Company of any unauthorized access or use of the account, or any other breach of security. The Company may, in its sole discretion, at any time deny the Creator from creating an account and/or using the Platform.
• The Creator acknowledges and agrees that the Company does not provide, facilitate or process any payments to the Creator through the Platform or otherwise. Any compensation payable to the Creator in connection with the Creator’s streaming activities shall be a matter solely between the Creator and the relevant Customer or other third party.
• In connection with the Services, the Company collects, processes and uses data and information relating to the Creator’s streaming activities on a third-party streaming platform, including but not limited to:
  • streaming performance data (e.g. viewer counts, peak viewers, hours streamed and stream duration);
  • audience and engagement metrics (e.g. follower counts, subscriber counts, and chat activity);
  • game related metrics (e.g. time streamed per game or slot title, game category performance); and
  • any other data publicly available in connection with the Creator’s streaming activities,

collectively, (the “Creator Data”).

The Creator Data collected by the Company constitute publicly available data published by the Creator on a third-party streaming platform and is processed by the Company in accordance with Section 10. Creator Data shall be retained by the Company for no longer than three (3) years following the termination of the Agreement, unless a longer period is required by applicable law.

The Creator represents and warrants that all data collected by the Company in connection with the Creator’s streaming activities constitutes data that the Creator has voluntarily made publicly available on the relevant third-party streaming platform. The Creator acknowledges that the Company relies on this representation when collecting and processing Creator Data through the Platform.

• The Platform’s functionality is dependent on the availability of data from, and the Company’s access to, third-party streaming platforms and their respective application programming interfaces. The Creator acknowledges and agrees that:
  • the Company does not control, and is not responsible for, the availability, accuracy or completeness of data sourced from third-party streaming platforms;
  • the Company shall not be liable for any reduction in functionality, interruption or suspension of the Services to the extent caused by changes to, restrictions on, or unavailability of a third-party streaming platform’s API, terms of service or data policies; and
  • the Creator shall at all times comply with the terms of service, community guidelines and applicable policies of all third-party streaming platforms on which the Creator is active in connection with the Services.

5. Use of Devices

Access to the Platform and use of the Services may require the use of your personal computer or mobile device. You are responsible for any internet connection or mobile fees and charges from third parties that may occur when accessing the Platform and/or the Services.

6. Term and Termination

Term

Upon the Creator’s acceptance of these Terms and registration on the Platform, the Agreement enters into force and shall remain in effect until terminated in accordance with this Section 6.

Termination by the Company

The Company may terminate the Creator’s account on the Platform by providing the Creator with at least thirty (30) days’ prior written notice, specifying the reasons for such termination. Upon termination by the Company, the Creator’s right to use the Platform shall cease upon expiry of the notice period, without any liability for the Company. The notice period referred to above shall not apply where the Company is subject to a legal or regulatory obligation which requires it to terminate the Agreement in a manner that does not allow it to respect the notice period, or the Creator has repeatedly breached these Terms, as demonstrated by the Company in writing. In the event of termination without a notice period pursuant to this paragraph, the Company shall provide the Creator with a statement of reasons for such decision without undue delay.

Termination by the Creator

The Creator may terminate its account on the Platform at any time. Upon termination by the Creator, the Creator’s access to the Platform shall cease with immediate effect.

Survival

Upon termination of the Agreement, the following Sections shall continue to be valid: Section 11 (Intellectual Property Rights), Section 12 (Confidentiality), Section 13 (Limitation of Liability), Section 14 (Indemnification) and Section 19 (Governing Law and Disputes), along with any other provisions that by their nature are intended to survive termination.

7. Creator Obligations

• “Content” shall mean all metadata, titles, descriptions, tags, categories, thumbnails, scheduling information and other non-audiovisual information published by the Creator on any streaming platform in connection with the Creator’s streaming activities. For the avoidance of doubt, Content does not include the underlying audio, video or audiovisual recordings of the Creator’s streams.
• By agreeing to these Terms, the Creator agrees and understands that:
  • the Creator is solely responsible for ensuring that the Content complies with any and all applicable law, regulations and guidelines, including but not limited to applicable gambling and gaming regulations in all relevant jurisdictions, including (without limitation) any licensing requirements, marketing restrictions, responsible gaming obligations, and advertising standards applicable in the jurisdictions in which the Creator publishes Content;
  • the Creator shall not directly or indirectly target any Content relating to gambling or gaming towards individuals under the applicable legal age in the relevant jurisdiction;
  • where the Creator’s streaming activities involve the promotion or display of gambling or gaming products or services that are subject to regulatory requirements, the Creator shall comply with all applicable requirements and, upon the Company’s reasonable request, provide evidence of such compliance; and
  • the Creator shall comply with the Company’s marketing guidelines relating to gambling and gaming Content, as communicated to the Creator in writing from time to time.
• The Creator undertakes to not publish any Content that could cause damage to the Company’s reputation. This includes, but is not limited to, any and all Content that is deemed inappropriate by the Company. Such content includes, but is not limited to:
  • Content that is vulgar, obscene, libelous, threatening, abusive, harassing or harmful.
  • Content that promotes racism, bigotry, hatred or physical harm of any kind against any individual or group or encourages any other conduct that would be considered offensive or inappropriate or objectionable.
  • Content that displays pornographic or sexually explicit material of any kind.
• The Creator undertakes to, following the Company’s written notice specifying the grounds for removal, promptly and without compensation remove any Content that the Company reasonably considers to constitute harmful content as set out in Section 7.3 or that does not align with the Company’s values, marketing guidelines or branding. The Company’s written notice shall include a reasonable explanation of the basis for the removal request. The Creator further guarantees to immediately, without compensation, remove any material that the Company finds obscene, that contains inappropriate material and/or in any other way could violate the Agreement, applicable law, applicable marketing guidelines and/or may infringe any third-party rights.
• The Creator acknowledges and agrees that the Creator is solely and fully responsible for all taxes, social security contributions, and any other fiscal charges or levies that may arise in connection with any compensation, fees or other consideration received by the Creator from any Customer or other third party. The Company shall have no liability whatsoever in respect of the Creator’s tax obligations.

8. Forbidden Activities

• The Creator undertakes to not falsely use the identity of or claim to be another person, brand or entity, or otherwise cause confusion about the source of the Content.
• The Creator undertakes:
  • not to copy the contents of the Company’s websites or applications, and not to use any technology, method, or scheme to reproduce or mirror all or any portion of the Company’s websites or applications;
  • not to access, tamper with, or use non-public areas of any of the Company’s websites and applications, the Company’s computer system or any other third-party provider system; and
  • not to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third-party to protect any of the Company’s websites and applications.

9. Disclaimer of Warranties

Your use of the Services is at your sole risk. We provide all our Services on an “as is” and “as available” basis and no specific service levels are guaranteed.

10. Data Protection

• If the Content contains personal data, the Creator is solely responsible to ensure that such processing is carried out in accordance with applicable law and that the Creator has (if applicable) collected sufficient consent from the individuals concerned prior to creating the Content.
• Each Party separately undertakes to process, collect and share any personal data in accordance with the EU General Data Protection Regulation (GDPR) and/or any other applicable data protection regulation and its own respective privacy policy.
• The Company acts as independent data controller in respect of the Creator Data collected and processed through the Platform. The Creator acts as an independent data controller in respect of any personal data in the Content. Unless expressly agreed otherwise in writing, the Parties are not joint controllers.
• The Creator may exercise its rights as a data subject under applicable data protection law (including rights of access, rectification, erasure, restriction of processing, data portability and objection) in relation to any personal data processed by the Company by contacting the Company at finance@theviewercompany.com. The Company shall respond to such requests within the timeframes required by applicable data protection law.
• The Creator acknowledges and agrees that the Company’s processing of the Creator’s personal data, including Creator Data, is necessary for the performance of the Agreement to which the Creator is a party. The purpose of such processing is to make the Creator Data available to the Company’s Customers through the Platform in accordance with these Terms.

11. Intellectual Property Rights

Intellectual Property Rights

“Intellectual Property Rights” means all industrial and intellectual property rights, registered and unregistered, including but not limited to trademarks, tradename, design rights, inventions (whether patentable or not), patents, know-how, copyright (including all copyright on any design and computer software), source code and current and future applications of the foregoing.

Rights to Intellectual Property

All Intellectual Property Rights existing prior to the execution of the Services or developed independently thereof shall belong to the Party from which such Intellectual Property Rights originate.

Data Rights

The Creator shall retain the ownership and rights to all Content that the Creator creates in connection with the Services. The Creator shall be free to use the Content without restriction, subject to the licenses granted under this Section 11.

License grant

The Creator, by accepting these Terms, grants the Company a non-exclusive, worldwide, royalty-free, sublicense to:

• collect, store, copy and process data and information relating to the Creator Data and Content, provided that, with respect to Content, such processing shall be limited to analyzing Content for the purpose of generating Creator Data and shall not entail the storage of any audiovisual content;
• use and display Creator Data to the Company’s Customers through the Platform for the purposes of tracking, analysis, benchmarking and research in accordance with these Terms; and
• use aggregated and/or anonymized Creator Data and Content for the purposes of improving the Platform, training and developing the Company’s machine learning models and AI systems, and for other internal analytical and product development purposes, provided that such aggregated and/or anonymized data does not identify or permit identification of the Creator.

The license granted under this Section 11.4 shall continue for the duration of the Agreement and, solely with respect to subsection (c) as it relates to aggregated or anonymized data, shall survive termination of the Agreement.

12. Confidentiality

• Each Party agrees, during the term of the Agreement and during a period of five (5) years thereafter, not to reveal to third parties any confidential information which a Party (“Receiving Party”) obtains from the other Party (“Disclosing Party”), or which arises during the use of the Platform and/or the Services. Confidential information shall mean any item of information – technical, commercial or of any other nature – regardless of whether or not such information has been documented, apart from information which:
  • is or becomes generally known to the public other than through the Receiving Party’s breach of the Agreement,
  • was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation, or
  • is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
• The Receiving Party agrees not to use any Confidential Information for any purpose other than the fulfillment of its obligations under this Agreement.

13. Limitation of Liability

• In no event shall the Company be liable to the Creator for any indirect or consequential damages, including without limitation loss of production, loss of data, loss of investment, loss of revenue or loss of goodwill.
• The Company’s total aggregate liability under or in connection with this Agreement shall in any case be limited to direct damages and shall not exceed the total revenue generated by the Company from Customer’s use of the specific Creator’s data during the twelve (12) months preceding the event giving rise to the damage.
• The limitation of liability of a Party set forth in this Section 13 shall not apply in the event of such Party’s intentional acts, gross negligence or willful misconduct and/or breach of Section 11 (Intellectual Property Rights) and Section 12 (Confidentiality).

14. Indemnification

• The Creator shall indemnify, defend, and hold harmless the Company and its directors, officers, employees, and agents from and against any and all claims, demands, suits, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees) resulting from or arising out of or in connection with the Creator’s use of the Platform, the Creator’s violation of these Terms or the Creator’s gross negligence or willful misconduct.
• The Creator agrees to defend, indemnify and hold the Company and its directors, officers, employees, and agents harmless from and against any third-party claims, damages, liabilities arising from the Content, including intellectual property claims.

15. Force Majeure

Neither Party shall be liable for any failure or delay in performing its obligations hereunder to the extent that such failure or delay is caused by an event beyond the reasonable control of a Party, including but not limited to acts of war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, or strikes (“Force Majeure Event”). If a Force Majeure Event continues for more than three (3) months, either Party shall be entitled to terminate the Agreement with immediate effect upon written notice to the other Party.

16. Amendments

The Company reserves the right to amend these Terms at any time. We will notify you of any proposed changes to the Terms via email, or other durable medium, at least thirty (30) calendar days before they take effect. The notification will include the proposed new Terms and the date on which they will become effective.

You have the right to terminate the Agreement with the Company before the end of the notice period. If You do not terminate the Agreement before the effective date, Your continued use of the Platform will constitute a binding acceptance of the new Terms.

17. Notices

All notices under the Agreement shall be made in writing and delivered to the designated e-mail address of the Parties. Notices shall be deemed received one (1) business day after sending.

18. Miscellaneous

Entire Agreement

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the Parties. This Agreement shall not create any enforceable rights of any third party.

Assignment

You may not assign or transfer this Agreement, in whole or in part, without the Company’s prior written consent. The Company may assign this Agreement without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to fully accomplish the objectives of the original provision permitted by law, and the remaining provisions of this Agreement will remain in effect.

Relationship of the Parties

The relationship between the Company and the Creator is that of independent contracting parties. Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, franchise, or agency relationship between the Parties. Neither Party shall have the authority to bind the other Party or to incur any obligation on the other Party’s behalf.

No Waiver

Any omission by either Party to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision by that Party. A waiver of any right or provision under these Terms shall only be effective if made in writing and signed by the waiving Party.

19. Governing Law and Disputes

• This Agreement shall be governed by and construed in accordance with the substantive laws of Sweden.
• Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. The seat of arbitration shall be Stockholm, Sweden. The language of the arbitration shall be English.