General Terms and Conditions

YEEBRA GmbH

Hannes Müller
Gutenbergstraße 23
3430 Tulln
Austria

As of: April 11, 2025


1. Subject matter of the contract, definitions

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to the legal relationship between YEEBRA GmbH, Gutenbergstraße 23, Tulln, Austria (hereinafter referred to as "YEEBRA") and its distributors (hereinafter referred to as "USER").

1.2 YEEBRA offers services in the field of marketing, distribution and billing of sound recordings for artists, producers, labels and other USERS via the website www.yeebra.com (hereinafter referred to as "Website").

1.3 USER declares that the cooperation with YEEBRA is a long-term economic activity and that he is therefore an entrepreneur within the meaning of § 1 UGB. YEEBRA is entitled to demand suitable proof of this.

1.4 YEEBRA provides the sound recordings uploaded by USER on the website as well as accompanying material uploaded by USER and created by YEEBRA for the sound recordings including metadata (the entirety of the sound recordings and individual sound recordings as well as the entirety and individual components of the accompanying material incl. all or individual metadata, hereinafter referred to as "repertoire") to its contractual partners for the purpose of making it publicly available on streaming platforms, in download stores, in all types of online portals (including subscription portals and ad-financed platforms), on download portals for telephone ringtones in web radios, etc. (hereinafter referred to as "stores"). Furthermore, YEEBRA takes over the billing of the proceeds from the exploitation of the repertoire via the stores. YEEBRA is entitled to use the services of third parties to fulfill its obligations.

1.5 In order to use the services of YEEBRA as a rights holder, it is necessary to be a YEEBRA member. The fee described on the website (hereinafter "Membership Fee") must be paid for membership. Members must have full legal capacity. By booking a membership, a contract is concluded between USER and YEEBRA for the distribution of the repertoire in accordance with the membership conditions communicated on the YEEBRA website and subject to these GTC. USER can use the website to upload or delete music titles that are to be distributed and marketed by YEEBRA on the website and view the relevant billing documents.

1.6 In addition to the repertoire, the USER can post further content on the website, e.g. cover artwork, biographies, photos and additional information ("accompanying material").

2. Registration, customer account, invoicing

2.1 In order to use YEEBRA's services, the USER must register an account on the website.

USER undertakes to fill in all data fields completely and correctly. USER must register with his/her full civil name. USER is obliged to inform YEEBRA immediately of any changes to the data.

YEEBRA is entitled to demand suitable evidence from the USER in order to identify the USER. If the USER does not cooperate in the identification of his person or if an unequivocal identification is not possible for other reasons, the repertoire provided by the USER will not be delivered by YEEBRA to the contractual partners. YEEBRA is generally entitled to terminate the USER's membership and/or to withhold invoices and payments until the USER has been identified beyond doubt.

2.2 USER expressly acknowledges that the data entered on the website and in particular in the account will be processed. Incorrectly completed or incomplete data fields may lead to errors that may affect the rights of USER. The user acknowledges any resulting disadvantages.

2.3 YEEBRA sets up a virtual customer account for the USER in which the income from the USER's repertoire is displayed. USER can view the customer account at any time.

2.4 YEEBRA will credit the net income due to USER from the use of the repertoire by YEEBRA's contractual partners (plus VAT if applicable) less a transaction fee of 3% for the payment service providers, up to a maximum of EUR 99 per payout, to USER's customer account after receipt of the income. The revenue is paid out at any time at the request of USER; the minimum payout amount is EUR 12,-.

Revenues are only received when the revenues have been finally settled by YEEBRA's contractual partners and paid out to YEEBRA. Credit notes to USER are subject to review, correction and reclaim in the event of an incorrect or unauthorized credit note.

Net revenues are the actual payments received by YEEBRA less taxes. If contractual partners bill YEEBRA for repertoire that USER has not registered with YEEBRA itself and made available to YEEBRA for digital distribution, e.g: DJ mixes or DJ sets which have been placed in the stores by third parties and whose subject matter is the repertoire or parts thereof, YEEBRA will also invoice these net revenues to USER.

2.5 YEEBRA is entitled to offset any claims for damages against USER due to breaches of contract by USER against the credit balance on the customer account or to collect it via other payment methods approved by USER (e.g. SEPA direct debit, PayPal).

2.6 Credits to USER's customer account shall be made within 60 days of YEEBRA's account being credited. USER acknowledges that credits to the customer account are provisional under the conditions set out in these GTC (e.g. in the case of artificial streaming, Section 6.1) and can be corrected or reclaimed in the event of errors.

2.7 USER shall be entitled to withdraw any positive balance (as a total amount) from its customer account at any time, provided there is no block on withdrawals pursuant to Section 6.3. USER shall bear all fees and costs incurred in connection with the withdrawal. YEEBRA is entitled to deduct transaction fees amounting to 3% of the net income paid out, up to a maximum of EUR 99,- per withdrawal transaction.

2.8 The USER is aware that YEEBRA can only issue invoices to USERS on the basis of the invoices submitted to YEEBRA by its contractual partners and can only make payments to USERS to the extent that income has actually been received by YEEBRA.

2.9 USER shall be entitled to have REABEAT's books relating to USER's net income audited once a year by a lawyer, accountant or auditor bound to professional secrecy. The costs of the audit shall be borne by USER, unless the audit reveals a deviation of more than 5% per calendar year to the detriment of USER. In this case, YEEBRA shall bear the costs incurred.

3. Upload by USER and forwarding to stores by YEEBRA

3.1 Repertoire must be uploaded in file format in an uncompressed audio format in accordance with the specifications on the website. USER acknowledges that other file formats cannot be processed by YEEBRA and cannot be forwarded. YEEBRA will convert the repertoire into (also unprotected) file formats specified by the contractual partners of YEEBRA and forward them to the contractual partners. YEEBRA is also entitled to forward tracks to new contractual partners for publication. USER acknowledges that YEEBRA does not check, edit or correct the content of the repertoire, but only converts the file format if necessary. The accompanying materials and metadata uploaded by USER will be attached to the sound files uploaded by USER. USER has no claim to the publication of further metadata or other data. YEEBRA is entitled to shorten the sound files and metadata as specified by the contractual partners.

3.2 If necessary, YEEBRA converts the sound files and metadata uploaded by the USER and forwards them to its contractual partners. YEEBRA has no influence on whether its contractual partners publish the repertoire and how the repertoire is presented in the stores of the contractual partners. Accordingly, USER has no claim against YEEBRA for publication or a certain type of publication of the repertoire with certain contractual partners. YEEBRA is not obliged to provide services beyond the booked services, such as further marketing activities.

4. Grant of rights

4.1 USER grants YEEBRA all rights of use to the repertoire exclusively for the duration of the membership, which are necessary for the activities of YEEBRA and the use of the repertoire by the contractual partners of YEEBRA. In particular, YEEBRA is entitled to license the necessary rights of use to the repertoire in all formats known today and in the future in its own name to its contractual partners for the purpose of making it available to end customers.

4.2 The rights are granted for the sound files and the accompanying material together with metadata when they are uploaded to the website. YEEBRA thus acquires the rights of use defined in these GTC with the upload, including in particular the unlimited exclusive distribution and marketing right for use in the stores and the right to digital rights management (DRM) for all works uploaded to the website and in particular sound files.

4.3 The exclusive distribution and marketing right includes in particular the right to offer and/or make available the respective sound file in digital, non-physical form to YEEBRA's contractual partners so that they can exploit the sound file and make it publicly accessible, e.g. by posting it and making it available in the stores. The user is not authorized to pass on these rights to third parties. YEEBRA exercises the rights in its own name. YEEBRA is entitled to offer the repertoire to third parties at its own discretion and to place it in stores itself or have it placed in stores by third parties.

4.4 The rights to the repertoire are granted for unlimited (worldwide) use.

4.5 The rights to the repertoire are granted for an unlimited period of time. The granting of rights to the repertoire or individual parts of the repertoire ends (i) with the deactivation of the repertoire or the individual parts of the repertoire by the USER on the website (takedown) or at the latest (ii) upon receipt of an effective termination of membership with YEEBRA (see section 11 below). In the event of an effective termination, YEEBRA will send takedown requests to the operators of the stores.

4.6 The USER acknowledges that YEEBRA forwards the takedown request to the supplied stores, but has no influence on the duration and correct execution of the takedown by them. Due to technical requirements, deactivation from all stores may take several days.

4.7 YEEBRA is entitled to grant customers of stores the right to update data or to make a backup copy on storage media for offline use.

4.8 YEEBRA is entitled to transfer the rights granted to it in whole or in part to third parties (sublicenses).

4.9 USER grants YEEBRA the right to edit the repertoire. The editing right is limited to technical editing for the purpose of making it available in the stores.

4.10 The granting of rights includes the right to produce excerpts (so-called clips) with a playing time of generally 90 seconds from the repertoire and to make them publicly accessible and/or broadcast them for rehearsal or evaluation purposes.

4.11 YEEBRA expressly reserves the right to reject sound files and accompanying material uploaded by the user at its own discretion and without giving reasons.

4.12 USER undertakes not to offer sound files uploaded to YEEBRA to other providers and not to distribute the uploaded titles digitally anywhere else or to allow third parties to distribute them.

4.13 USER declares his express consent to the electronic storage of his data (including personal data). YEEBRA is also entitled to pass on the data to contractual partners to the extent necessary. The user expressly agrees to the publication of the uploaded titles and to the publication of the product-related data provided by the user on the Internet. This declaration of consent is valid for the duration of the membership.

4.14 If there is reasonable suspicion that the USER does not have all the rights to the repertoire or parts thereof required for use in accordance with the membership, in particular in the event of the takedown or threatened takedown of the repertoire or parts thereof by a store operator (e.g. in fulfillment of Art. 17 of Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the digital single market - "DSM Directive" - or corresponding national legislation), YEEBRA is entitled to withdraw the disputed repertoire from distribution, to withhold income from the exploitation of the disputed repertoire and to inform its contractual partners of this. YEEBRA is also entitled to request the USER to provide proof of his rights to the repertoire in question. If the user does not comply within a reasonable period of time (maximum one month), YEEBRA is entitled to terminate the membership with immediate effect with regard to the repertoire in question.

5. Collecting societies, taxes

5.1 YEEBRA draws the USER's attention to the fact that the authors and persons entitled to ancillary copyright whose works and services are included in the repertoire may be entitled to remuneration in the event of the repertoire being exploited. These claims are usually asserted by collecting societies and/or publishers. YEEBRA is not responsible for the exercise and assertion of rights and claims of USERS by collecting societies and publishers. If the USER is not or not the sole rights holder, he will inform the rights holders concerned of this if necessary.

5.2 USER is solely responsible for the proper taxation of its income. If circumstances change with regard to the USER's tax status (e.g. with regard to the USER's VAT liability), the USER must inform YEEBRA of this immediately. YEEBRA will take into account the changes communicated to YEEBRA as soon as technically possible.

6. Artificial streaming, takedown, damages

6.1 The USER is prohibited from manipulating streaming and download figures in the stores, in particular through automated processes, e.g. through technical means such as the use of bots, scripts, fake robots, fake playlists, continuous loops or other automated processes or through permanent streaming of the repertoire through an own or third-party account (so-called "artificial streaming"). YEEBRA draws the USER's attention to the fact that the manipulation of download or streaming figures may be punishable by law (e.g. as fraud). If and insofar as the operators of the stores impose penalties, fees or similar on YEEBRA due to artificial streaming of the USER's repertoire, YEEBRA is entitled to pass these payments on to the USER and to demand compensation for the payments from the USER. YEEBRA is entitled to debit the payments demanded by the store operators directly to the USER's customer account.

6.2 In the event of artificial streaming, YEEBRA is entitled to deactivate the USER's access to the website and/or to remove the part of the USER's repertoire in which artificial streaming has been detected or alleged by store operators from the stores (takedown) if

6.2.1 there is reasonable suspicion based on store reports or technical analyses that the USER or third parties are manipulating download/streaming figures of the repertoire or parts thereof on behalf of or at the instigation of the USER; YEEBRA will request the USER to make a statement within a reasonable period of time before deactivation and takedown;

6.2.2 the USER posts the repertoire or parts thereof under different titles or artist names ("recycled audio") or music that cannot be clearly assigned to an artist name or a song or project title ("generic music");

6.2.3 the content of the repertoire or parts thereof is punishable by law;

6.2.4 the repertoire or parts thereof infringe the rights of third parties.

6.3 YEEBRA is entitled to block withdrawals from the customer account in the aforementioned cases.

6.4 YEEBRA will inform the USER immediately by e-mail about the measures taken and give the USER the opportunity to comment. If the allegations are dispelled by the store concerned, the measures taken will be lifted. Until then, YEEBRA is entitled to cancel the credit notes issued to the USER with regard to blocked repertoire. YEEBRA is also entitled to reclaim payments made to the USER for this repertoire.

7. Guarantee

7.1 The USER guarantees that he is authorized to dispose of the rights granted under these GTC (Section 4).

7.2 The USER guarantees that the repertoire and the accompanying material do not infringe any third-party rights.

7.3 The USER guarantees that the repertoire and the accompanying material do not violate criminal regulations.

7.4 The USER represents and warrants that it will not artificially increase or otherwise manipulate the retrieval or streams of the repertoire, either itself or via third parties, e.g. through artificial streaming.

8. Exemption from liability

8.1 YEEBRA points out to the USER that third parties may have to participate in the income generated (e.g. authors, artists, producers and other persons who have contributed to the creation of the repertoire or accompanying material). The USER indemnifies YEEBRA against all claims asserted by third parties against YEEBRA due to the use and/or infringement of their rights based on or in connection with the use of the repertoire and/or the accompanying material in accordance with these GTC.

8.2 The USER will not assert any claims against YEEBRA if third parties (e.g. in the case of DJ mixes or DJ set lists) have placed the repertoire or parts thereof in stores and the USER does not agree to this. In this case, the USER will assert any existing claims for injunctive relief against the third parties concerned. YEEBRA is entitled but not obliged to do so.

8.3 The USER is obliged to reimburse YEEBRA for the necessary costs of legal defense incurred in connection with the defense against third-party claims, including all court and lawyer's fees (including out-of-court) in a reasonable amount. This does not apply if the USER is not responsible for the infringement, which the USER must demonstrate and prove. In the event of a claim by a third party, the USER is obliged to provide YEEBRA immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

9. Liability of YEEBRA

9.1 YEEBRA is liable to the USER for all contractual and statutory (including tortious) claims for damages and reimbursement of expenses as follows:

9.2 YEEBRA is liable without limitation for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this respect,
  • due to mandatory liability such as under the Product Liability Act.

9.3 If YEEBRA negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on YEEBRA according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which USER may regularly rely.

9.4 Otherwise, YEEBRA shall not be liable.

9.5 The above liability provisions also apply with regard to YEEBRA's liability for its vicarious agents.

10. Reimbursement of expenses

The USER shall pay YEEBRA the following flat-rate compensation for expenses in the following cases:

  • for the reissue of invoices or credit notes due to incorrect information provided by the USER; processing of manipulation cases regarding download / streaming figures; processing of cases of recycled audio or generic music. The flat-rate expense allowance is € 60.00 (net) per incident.
  • for the processing of warning letters due to infringement of third-party rights by the repertoire. The flat-rate expense allowance is € 120.00 (net) per incident.

11. Duration, termination

11.1 Membership is concluded for an indefinite period.

11.2 The rights holder can terminate the membership at any time via the USER's account on the website. YEEBRA will deactivate all repertoire and accompanying material on the website upon receipt of the termination (takedown).

11.3 YEEBRA can terminate the membership at any time with a notice period of 14 days to the end of the month by sending a written (e-mail is sufficient) notice of termination to the address or e-mail address stored in the account.

11.4 In the event of termination, YEEBRA will send takedown requests to the stores. Any positive balance on the customer account will be paid out to the USER. If the amount is less than EUR 12, YEEBRA is entitled to retain the amount.

11.5 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.

11.6 An important reason is in particular:

  • a significant breach of material provisions of these Terms of Use that is not remedied even after a deadline has been set or is repeated and makes the continuation of the contractual relationship impossible or unreasonable; this is particularly the case if the USER fails to pay the membership fee.
  • Repertoire or accompanying material contains criminal material;
  • Repertoire or accompanying material contains radically propagandistic or immoral material;
  • Manipulation of download and/or streaming figures;
  • provision of false data by the USER;
  • no successful identification of the USER;
  • USER or shareholders or managing directors of USER are subject to sanctions, embargoes or blockades that prevent trade with certain countries, territories, organizations, companies or persons;
  • insolvency proceedings have been initiated against all or a substantial part of the assets of a contracting party or grounds for the opening of insolvency proceedings against a contracting party exist or such proceedings have been rejected for lack of assets or insolvency proceedings have been applied for against a contracting party or an affidavit has been made by a contracting party regarding its assets.

11.7 In the event of justified extraordinary termination by YEEBRA, the USER is not entitled to register again (not even under a different name or pseudonym).

11.8 Income received by YEEBRA after termination of the contract will be settled and paid out in accordance with the contract, unless YEEBRA is entitled to claims against the USER due to a breach of contractual obligations by the USER.

12. Right of withdrawal

12.1 USER acknowledges that as a consumer he is entitled to a 14-day right of withdrawal for distance contracts and contracts for digital services.

12.2 USER expressly requests that YEEBRA begins to perform the service before the expiry of the withdrawal period and expressly agrees to the early commencement of performance. USER confirms that he has been informed and is aware that his right of withdrawal expires upon complete fulfillment of the contract by YEEBRA.

12.3 The fulfillment of the contract by YEEBRA is considered complete as soon as USER has uploaded files of music titles for distribution by YEEBRA on the website, as YEEBRA will then immediately forward these titles to the stores.

13. Transfer of contract

YEEBRA is entitled to transfer its rights and obligations in whole or in part to a third party. YEEBRA will inform the USER of this in good time, but at the latest four (4) weeks before the transfer of the contract in text form to the last known e-mail address. The USER has the right to terminate the membership within 14 days of receipt of the notification of the transfer of contract without giving reasons.

14. Amendment of the GTC

YEEBRA is entitled to amend these GTC insofar as this is necessary to eliminate subsequent equivalence disturbances or to adapt to changed legal or technical conditions. YEEBRA will inform you of any changes by notifying you of the content of the amended provisions to the e-mail address stored in your account. The change will also take effect with regard to the repertoire uploaded up to this point in time if the USER does not object to the change in writing or by e-mail within 15 days of receipt of the notification of change. In the event of an objection, the GTC shall continue to apply in their previous version. In this case, YEEBRA is entitled to terminate the membership with a notice period of 14 days.

15. Miscellaneous

15.1 If a provision of these GTC is or becomes invalid, the remaining parts of the contract shall continue to apply unchanged.

15.2 These GTC are subject to Austrian law and only the German version of this contract is authoritative. Translations are provided solely as an aid to understanding.

15.3 The place of jurisdiction for all disputes arising from this contract is the registered office of YEEBRA in Austria.