Standard contract between Consumer and Creator
  1. Introduction: This Uniform Agreement between Consumer and Creator ("this contract") delineates the conditions governing each interaction between a Consumer and a Creator on Dmtree.
  2. When is this contract applicable? This contract becomes operative with each initiated Consumer Transaction on Dmtree, overriding any other terms proposed by the Consumer or Creator, legally obligating both the Consumer and the Creator involved in the transaction.
  3. Parties: The exclusive parties to this contract are the Consumer and Creator engaged in the Consumer Transaction. Neither Dmtree nor its affiliated companies have a stake in this contract nor do they confer any rights or partake in any Consumer Transaction, except as a facilitator for payments as delineated in section 5 of this contract.
  4. Interpretation: The terms in this contract are defined as follows:
    1. "Dmtree" refers to the online platform accessible through www.Dmtree.life or any web browser;
    2. "Content" encompasses materials uploaded to Dmtree by any user or creator, inclusive of photographs, videos, audio recordings, livestream material, text (like comments and hashtags), metadata, visuals, interactive elements, emojis, GIFs, memes, and other forms of content;
    3. "Creator" refers to an individual who operates a Creator account on Dmtree to share content viewable by other users and creators. Creators can follow and view content from other creators;
    4. "User" is someone who follows a Creator and has access to the Creator's content;
    5. “Consumer” refers to any User or Creator who follows a Creator and can access the Creator's content;
    6. “Consumer Transaction” signifies any financial interaction between a Consumer and a Creator on Dmtree, granting access to the Creator’s content through various means such as subscriptions, pay-per-view content, and utilizing fan interaction features on a Creator's account;
    7. “Consumer Payment” embodies all financial transactions made by a Consumer pertaining to any Consumer Transaction, and all gratuities;
    8. "FIL Fee" is the service charge levied on creators as per section 5 of the Dmtree Terms of Use for Creators;
    9. "Subscription" refers to the contractual agreement of a Consumer to follow a Creator's account;
    10. "VAT" embodies Swedish Value-Added Tax or any analogous tax imposed in substitution or addition at the prevailing rate, and comparable government or municipal levies in other jurisdictions;
    11. "Tax" includes all forms of taxation and government charges, levies, or duties, irrespective of the jurisdiction.
  5. Pricing and Payment: Engaging in a Consumer Transaction requires the Consumer to agree to the stipulated payment, inclusive of any applicable VAT, as detailed in the Creator's account. Both the Consumer and Creator authorize Dmtree or its subsidiaries to facilitate the payment process as outlined in the Dmtree Terms of Service.
  6. License Expiration: The license expires automatically without prior notification under various circumstances, including payment issues, account suspensions, policy violations, content removals, or account closures.
  7. Content Ownership: Consumers acknowledge that the acquired license does not confer ownership or rights to the content, which remains with the Creator.
  8. License Expiration: The license expires automatically without prior notification under various circumstances, including payment issues, account suspensions, policy violations, content removals, or account closures.
  9. Cancellation and Refunds: Regarding every Consumer Transaction, the Consumer acknowledges the immediate provision of content, forfeiting any statutory cancellation rights but retaining possible statutory refund rights under applicable law.
  10. Obligations between Creator and Consumer: All Consumer Transactions require adherence to the Dmtree Acceptable Use Policy, with Consumers obliged to make necessary payments and Creators to provide the agreed content. Creators must possess the required rights to the content and bear sole responsibility for content creation and availability.
  11. No Guarantees: Consumers acknowledge the Creator's discretion in content availability and potential hindrances to accessing content due to various circumstances including account suspensions or technical issues.
  12. Dispute-related Terms: The governing law for this contract is Swedish law, applicable to all claims arising from this agreement. Mandatory rules of the resident country of the Consumer also apply.
  13. Claim Jurisdiction: For UK or EU residents, claims under this agreement can be pursued in Swedish courts or the courts of the Consumer's residence country. For those outside the UK or EU, claims must be filed in Swedish courts, barring an agreement between the Consumer and Creator to choose a different jurisdiction.
Last updated: September 2023