Terms of Service

1. Provider and scope

The UGC Arbitration platform ("Platform") is operated by [YOUR FULL NAME / LEGAL ENTITY NAME], [YOUR STREET ADDRESS, POSTAL CODE, CITY, COUNTRY] ("we", "us", "Provider"). Contact: [YOUR CONTACT EMAIL].

These Terms of Service (“Terms”) govern access to and use of the Platform by registered users, including UGC (user-generated content) creators, agencies, and brands (“Users”). By creating an account or using the Platform, you agree to these Terms.

The Platform provides a technical infrastructure for the submission, administration, and resolution of commercial disputes between Users by way of arbitration. We are not a party to the underlying agreement between the disputing parties and do not provide legal advice.

2. Relationship to the Arbitration Rules

Any dispute submitted through the Platform is resolved in accordance with the UGC Arbitration Rules published at /rules (“Arbitration Rules”), which are incorporated into these Terms by reference. In the event of a conflict between these Terms and the Arbitration Rules on matters of arbitral procedure, the Arbitration Rules control.

By filing a case as claimant, you agree to be bound by the Arbitration Rules for that case. A respondent is bound only upon separately and explicitly accepting the arbitration agreement presented when first accessing the case, as described in Section 1 of the Arbitration Rules.

3. Eligibility and account registration

You must be at least 18 years old and have the legal capacity to enter into binding agreements to register an account. If you register on behalf of a company or agency, you represent that you are authorized to bind that entity.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at [YOUR CONTACT EMAIL] if you suspect unauthorized use of your account.

You agree to provide accurate, current, and complete information during registration and to keep it up to date.

By filing or accepting a case, you represent and warrant that, in relation to the underlying dispute submitted for arbitration, you are acting in the exercise of your trade, business, or profession and not as a private consumer within the meaning of § 13 of the German Civil Code (BGB). This representation determines, among other things, the form requirements applicable to the arbitration agreement under § 1031 of the German Code of Civil Procedure (ZPO). If you are in fact acting as a private consumer with respect to a specific case, you must notify us before filing or accepting that case so that the applicable additional form requirements can be met.

4. Fees and payment

Use of the Platform's arbitration services is subject to the filing and final fees set out in Section 9 of the Arbitration Rules. Fees are payable via our third-party payment processor, Stripe, and are stated in Euro (EUR).

Filing fees are due at the time of submission or response and are non-refundable once a case has been assigned to an arbitrator, except where required by mandatory law. The final fee is charged to the losing party upon issuance of the award, with the filing fee already paid credited against it, as described in the Arbitration Rules.

We reserve the right to change the fee structure for future cases. Fees in effect at the time a case is filed apply to that case through its conclusion.

5. User conduct

You agree not to: submit false, fraudulent, or misleading statements or evidence; use the Platform to harass, defame, or threaten another party; attempt to gain unauthorized access to the Platform or another User's account or data; or use the Platform for any purpose other than the good-faith resolution of a genuine dispute.

We may suspend or terminate an account, and decline to process a case, if we reasonably believe these Terms or the Arbitration Rules have been violated.

6. Intellectual property

The Platform, including its software, design, and content (excluding User-submitted case materials), is owned by the Provider or its licensors and protected by applicable intellectual property laws. You may not copy, modify, or reverse-engineer the Platform except as permitted by mandatory law.

You retain ownership of the evidence and statements you submit as part of a case. By submitting materials, you grant us a limited license to store, process, and disclose them to the other party and the arbitrator solely for the purpose of conducting the proceeding.

7. Role of the Provider and limitation of liability

The Provider operates the technical platform through which arbitration proceedings are administered but does not itself act as arbitrator and does not review, endorse, or guarantee the correctness of any award. Awards are issued by the independently appointed arbitrator in accordance with the Arbitration Rules.

To the extent permitted by mandatory law, our liability for damages arising from use of the Platform — other than damages caused by intent or gross negligence, or resulting in injury to life, body, or health — is limited to the amount of fees paid by the affected User in the case giving rise to the claim.

We provide the Platform on an “as is” and “as available” basis and do not warrant uninterrupted or error-free operation, without prejudice to any statutory warranty rights that cannot be excluded.

8. Availability and changes to the Platform

We aim to keep the Platform available but do not guarantee uninterrupted access. We may modify, suspend, or discontinue features of the Platform at any time, provided that cases already filed are carried through to conclusion under the Arbitration Rules in effect at filing.

9. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified to registered Users by email or through the Platform. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms. The Terms in effect at the time a case is filed govern the platform-use aspects of that case.

10. Governing law and jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

This choice of law does not deprive consumers of protection under mandatory provisions of the law of their habitual residence. For disputes arising from the use of the Platform itself (as distinct from disputes submitted for arbitration), and to the extent legally permissible, the courts of Düsseldorf, Germany have jurisdiction. This is without prejudice to the arbitration agreement governing disputes between Users under the Arbitration Rules.

The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

11. Right of withdrawal for consumers

This section applies only to the extent a User enters into these Terms, or pays a fee under them, as a consumer within the meaning of § 13 BGB — for example, if the representation in Section 3 does not apply to a particular User. Users acting in their trade, business, or profession do not have a statutory right of withdrawal.

Right of withdrawal: You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise the right of withdrawal, you must inform us ([YOUR FULL NAME / LEGAL ENTITY NAME], [YOUR STREET ADDRESS, POSTAL CODE, CITY, COUNTRY], [YOUR CONTACT EMAIL]) of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post or an email). To meet the withdrawal deadline, it is sufficient to send your notification of the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from this contract, we will reimburse all payments received from you, without undue delay and no later than fourteen days from the day we received notice of your withdrawal, except to the extent services have already been performed as described below.

Early expiry for services already performed: If you expressly requested that we begin performance of the arbitration services (for example, assignment of a case number, notification of the respondent, or commencement of arbitrator review) before the end of the withdrawal period, and acknowledged that doing so causes you to lose your right of withdrawal once the service has been fully performed, your right of withdrawal expires upon full performance in accordance with § 356(4) BGB. Where performance is only partial at the time of withdrawal, you must pay an amount proportionate to the services already provided.

This section is a general description of your statutory rights and does not replace the specific pre-contractual withdrawal information and withdrawal form we provide to consumers before completing a paid action on the Platform, as required by Art. 246a EGBGB.

12. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects its intended purpose.