Terms of use

Plain-language summary

This summary is only a quick overview. If it differs from the full text, the full text applies.

• At Orvivo, you may upload only songs and other content that you are allowed to use yourself or for which you have the necessary rights and consents.
• AI-generated and AI-assisted songs are permitted. However, you must honestly state which components involved AI, such as lyrics, composition, vocals, instruments or mixing/mastering.
• Racist, antisemitic, sexist, misanthropic or extremist content is not permitted. The glorification of violence and the glorification of or calls to consume illegal drugs are also prohibited.
• You are responsible for your songs, information and the members you invite. Access credentials must be protected.
• If there are indications of misuse or an infringement of rights, Orvivo may temporarily suspend individual songs, members, functions or your artist account, or remove content. You may submit a statement and evidence.
• Reports can be submitted through the platform’s designated reporting function.
• You retain your rights in your content. Orvivo receives only the rights required for storage, technical processing, display and operation of the platform.

1. Contracting party and scope

1. These Terms of Use govern the use of Orvivo by artists, bands, labels, agencies and other rights holders with their registered office, residence or professional activity in Germany (together, “Artists”). This version is intended exclusively for the German market; targeted provision for other countries is not covered by these Terms. The Artist’s contracting party is Frank Sauer, Am Pfingstbrunnen 15, 65719 Hofheim am Taunus, Germany (the “Operator”).

2. Orvivo enables, in particular, the creation and management of an artist profile, the provision of songs and related information, the publication of approved content and collaboration with members authorized by the Artist.

3. The Privacy Policy, Legal Notice, Rights Confirmation Before Song Publication and, where applicable, separate price or service agreements apply in addition. In the event of conflict, an individually agreed provision takes precedence over these Terms; mandatory law remains unaffected.

2. Formation of contract, authority and artist account

1. The contract is formed when a person authorized to represent the Artist confirms these Terms in the designated Orvivo process and the Operator activates the artist account or enables its use.

2. The confirming person must be of legal age and authorized to represent the Artist. They confirm this truthfully and will provide evidence of their authority to represent the Artist on request.

3. The Artist may invite other persons only as members with the designated roles and permissions. The Artist is responsible for selecting, instructing and deactivating these persons.

4. Login credentials and invitation links must be treated confidentially. The Artist must promptly report suspected unauthorized access, compromised credentials and incorrect permissions.

3. Scope of services and availability

1. The Operator provides the Orvivo functions available in the artist account at the relevant time. The specific scope of services may vary depending on the plan, activation, technical development and legal requirements.

2. The Operator may change or develop functions, temporarily maintain them or restrict them for security and legal reasons. Statutory claims and any agreed service commitments remain unaffected.

3. Orvivo is not a music publisher, collecting society, rights-clearing service or legal adviser. The Operator does not automatically verify that a song is actually free of third-party rights.

4. Permitted content and rights warranty

1. The Artist may upload or publish only songs, recordings, texts, images, videos, covers, names, logos, credits and other content whose use and publication through Orvivo is legally permissible.

2. In particular, the Artist must hold all rights and consents required for the specific use of the platform. Depending on the content, this includes in particular:

   • copyrights and rights of use in the composition, melody, lyrics and arrangement;
   • neighbouring rights and rights in the specific recording;
   • consents from singers, musicians, producers and other contributors;
   • rights in samples, loops, beats, cover versions, adaptations and third-party material;
   • trademark, name, likeness, personality and other identifying rights; and
   • required consents from persons depicted or audibly recognizable and, where applicable, from minors and their legal representatives.

3. The Artist must comply with the licence terms of third parties and of any software or AI services used. The mere ability to technically create or acquire content does not replace permission to publish it or use it on the platform.

4. Before the first publication of a song, the designated Rights Confirmation must be provided. The Rights Confirmation does not replace the Artist’s own rights review or any required licence.

5. The Artist may not upload content that is unlawful, infringes third-party rights or whose legal status has not been sufficiently clarified. In case of doubt, the content must not be published until the doubt has been resolved.

5. Artificial intelligence and labeling

1. AI-generated and AI-assisted songs are generally permitted if all other requirements of these Terms are met.

2. The Artist must truthfully label every relevant use of AI before publication. The label must cover at least the components lyrics, composition, vocals, instruments and mixing/mastering. For each component, it must be stated whether the component involved “Full AI”, “AI assistance” or “no use of AI”.

3. The AI label must not be misleading. It must be changed and confirmed again if the use of AI or the published song changes materially. Orvivo may display the label in song lists, song details and other public presentations.

4. The Artist must comply with the terms of the AI service used and must, in particular, determine whether commercial and public use and use for the specific output are permitted. The Artist may not imitate the voice, identity, appearance or stylistic characteristics of a real person without the required consent, or create the impression that this person contributed to the content.

5. An AI label is a contractual transparency obligation towards Orvivo. It is not a statement as to whether a work is protected by copyright under the applicable law.

6. Prohibited use and misuse

The Artist may not use Orvivo, in particular, for the following content or purposes. Not every controversial, political or social statement is prohibited merely because it is controversial; prohibited content includes, in particular, inhumane, extremist or other content with the following characteristics:

• uploading, publishing or distributing unlawful or infringing content;
• identity or artist impersonation, or deception about authors, contributors, AI use, origin or rights ownership;
• fraud, spam, phishing, malware, unauthorized advertising or mass contact;
• harassment, threats, discrimination, calls for violence or other abusive purposes;
• racist, antisemitic, sexist or otherwise inhumane statements that denigrate or dehumanize persons or groups or call for their disadvantage;
• extremist or radically propagandistic content that disregards democratic fundamental values, deliberately intimidates or incites hatred against persons or groups;
• glorification of violence, calls for violence or approval of serious violence as desirable or worthy of imitation;
• glorification, promotion or calls to consume, acquire, sell or produce illegal drugs;
• circumventing access protection, roles, upload limits, suspensions or technical security measures;
• unauthorized extraction, copying, resale, mirroring or automated mass use of Orvivo or protected content;
• using other persons’ data without a permitted legal basis or the required information and consent; and
• activities that endanger, harm or disproportionately impair Orvivo, other Artists, members or third parties.

7. Grant of the rights required by Orvivo

1. For the duration of the contract, the Artist grants the Operator a non-exclusive, geographically unrestricted right limited to the Orvivo purpose to store, technically reproduce, transmit, make available to the public, stream, format, back up and use the provided content in search or display functions.

2. The grant covers only uses required for the operation, provision, backup, moderation, support and public presentation of Orvivo actively enabled by the Artist. Any advertising, sublicensing or commercial exploitation beyond this requires a separate arrangement unless it is expressly described in these Terms and legally permissible.

3. The Artist retains the rights in the content. The Artist may also exploit the content outside Orvivo unless separate exclusivity has been agreed.

4. The Operator may make technically necessary modifications, such as transcoding, normalization, cropping preview images and creating technical metadata. The substantive character of the work must not thereby be changed unlawfully.

8. Reports, review and measures

1. In response to specific reports, technical anomalies or other reasonable indications of infringements, misuse, security risks or violations of these Terms, the Operator may provisionally review content and artist accounts and restrict access until the matter is clarified.

2. Depending on severity and urgency, the Operator may in particular:

   • hide, suspend or remove individual songs or other content;
   • refuse or reverse publication;
   • restrict individual functions or member access;
   • temporarily suspend an artist account;
   • terminate the contract for good cause without notice;
   • request suitable evidence for clarification and secure evidence; and
   • submit legally required reports or information to competent bodies.

3. Where possible, measures are limited to the affected song or function. In the event of imminent danger, repeated violations, a significant risk of infringement or security risks, the Operator may act immediately. A suspension based on suspicion is a provisional protective measure and not a finding that an infringement has been committed.

4. The Operator informs the Artist of a measure and its reasons where legally permissible, security-wise reasonable and compatible with the investigation. The Artist is given a reasonable opportunity to provide facts and evidence. Statutory reporting, remedial, reasoning and complaint duties remain unaffected.

5. The Artist must cooperate promptly, completely and truthfully with a justified report or enquiry. False, abusive or deliberately incomplete reports may themselves constitute a violation of these Terms.

6. Reports may be submitted through the platform’s designated reporting function.

9. Reporting third-party infringements of the Artist’s rights

1. The Artist may send the Operator specific information about a possible infringement through the platform’s designated reporting function. The report should contain the affected content, the claimed legal position, a comprehensible explanation, contact details and suitable evidence.

2. The Operator reviews reports in accordance with statutory requirements and its own procedures. The Operator is not required in every case to provide a final legal assessment or anticipate a court decision.

10. Artist’s responsibility and indemnification

1. The Artist is responsible for content, information, rights confirmations and AI labels submitted by the Artist or its members. The Artist keeps the content and contact details up to date.

2. Where the Artist culpably breaches an obligation under these Terms and this causes third-party claims or costs for the Operator, the Artist indemnifies the Operator against the justified claims in accordance with statutory law. The indemnity includes reasonable legal-defense costs to the extent that the Artist is responsible for the cause.

3. The Operator informs the Artist of asserted claims where legally permissible and gives the Artist an opportunity to cooperate. The Operator may not acknowledge a claim or enter into a settlement without appropriate coordination with the Artist unless immediate action is required.

11. Data protection and data processing

1. Personal data is processed in accordance with the applicable Privacy Policy. The Artist must provide personal data submitted by the Artist lawfully and inform the data subjects where required.

12. Fees and costs

1. Fees and chargeable additional services are owed only if they have been agreed transparently before use.

13. Term and termination

1. The contract runs for an indefinite period unless a different term is agreed.

2. The Artist may terminate the artist account at the end of a month. The Operator may terminate with three months’ notice unless mandatory statutory or contractual restrictions prevent this.

3. The right to extraordinary termination for good cause remains unaffected. Good cause may include, in particular, a serious or repeated legal violation, misuse, a significant security risk, a false rights confirmation or an impermissible AI label.

4. After the contract ends, the right to make content publicly available through Orvivo ends. The Operator may continue to store content for as long as required by statutory obligations, legal claims, backups, security records or orderly winding-up. The Artist receives exportable content unless legal or technical reasons prevent this.

14. Liability

1. The Operator has unlimited liability for intent, gross negligence, damage arising from injury to life, body or health, under the Product Liability Act and in all cases in which mandatory statutory liability applies.

2. In the event of a slightly negligent breach of material contractual duties, the Operator is liable in accordance with statutory law only for foreseeable, typically contractual damage. In all other cases, liability for slight negligence is excluded to the extent permitted by law.

3. The Operator does not guarantee that content is lawful, available, permanently findable or free of third-party claims. The Artist’s responsibility under these Terms remains unaffected.

15. Changes to the Terms

1. The Operator may change these Terms where this is required by law, case-law, security requirements, technical development or a change in the scope of services. Changes are communicated to the Artist through a suitable durable medium.

2. The specific effect of a new version, its effective date and any requirement for renewed consent are determined before publication. Changes that adversely alter the main service, fees or material obligations require a separate legal review and, where applicable, express consent.

3. The Artist may object to a change or terminate the contract in accordance with the notice, where this is provided for and legally required.

16. Final provisions

1. German law applies. For consumers, mandatory protective provisions of the state in which they have their habitual residence remain unaffected.

2. The place of jurisdiction for disputes with businesses is Hofheim am Taunus to the extent that a jurisdiction agreement is permissible. Consumers are subject to the statutory places of jurisdiction.

3. Individual agreements and mandatory statutory provisions take precedence over conflicting provisions of these Terms. If a clause is or becomes invalid, the statutory provisions apply; the validity of the remaining clauses remains unaffected.

17. Consent

Consent is documented immutably with the Artist, confirming person, version, text hash and time. Consent may be given only by an authorized person.