General Terms and Conditions
Las updated: Sep 12 2024
1 General
1.1 These General Terms and Conditions (“Terms and Conditions”) set forth the rules and regulations for the use of the internet platform (www.talentir.com; "Talentir Platform") operated by Talentir GmbH (CHE-146.889.750), Schulhausstrasse 42, CH-8002 Zurich, Switzerland (“Talentir”) by persons who have been accepted by Talentir as clients (“User”). By accessing the Talentir Platform, the User accepts and agrees with these Terms and Conditions.
1.2 The Talentir Platform enables Artists and Creators to receive their earnings in flexible ways.
1.3 The User must be capable of acting according to the applicable law of the jurisdiction in which the User has permanent residence.
1.4 Creating a user profile on the Talentir Platform requires that the requested information is provided to Talentir. Details of the collection, processing and use of personal data are described in the Privacy Policy published on Talentir's website https://talentir.com/legal/privacy-policy.
1.5 During the client acceptance process, the client must complete the onboarding/KyC process of Talentir. Talentir has sole discretionary power whether a person is accepted as client.
2 Third Parties
The Talentir Platform may contain advertisements and promotions offered by third-parties and links to other web sites or resources. Talentir is not responsible for the availability (or lack of availability) or the content of such external websites or resources. If a User chooses to interact with third parties made available through the Talentir Platform, such party’s terms will govern the relationship. Talentir is not responsible or liable for such third-parties' terms or actions. The User acknowledges and agrees that the Talentir Platform may contains advertisements.
3 No Storage of Cryptocurrencies by Talentir
Creators and Users are able to receive payouts on a digital ledger. Talentir does not provide any wallet solutions to Users and the wallet created for the user in the client acceptance process is provided by Magic Labs, Inc., 548 Market St., PMB 31387, San Francisco, California 94104-5401 ("Magic"; "Magic-Wallet"). Talentir has no access to private keys at any time and therefore the User is responsible for securing the private key. The User understands and acknowledges that without the private key it has no power of disposal over its cryptocurrencies and may suffer a temporary or permanent loss of access to the cryptocurrencies held in its wallet.
4 Transactions and Fees
4.1 The Talentir Platform offers Creators and Users the possibility to receive Digital Content Royalties. Talentir charges an individual fee for the services provided to the User.
4.2 Talentir reserves the right to issue self-billed invoices to Users upon the receipt of their Payouts. By agreeing to these terms, Users authorize Talentir to generate invoices on their behalf for transactions processed through the Talentir Platform. These self-billed invoices will be deemed as valid as if they were issued directly by the Customer. Users must notify Talentir immediately of any discrepancies found in the self-billed invoices.
4.3 Users are solely responsible for determining, collecting, reporting, and remitting any applicable taxes, including value-added tax (VAT), sales tax, or any other taxes required by their jurisdiction, arising from their use of the Talentir Platform and any revenues generated therefrom. Talentir does not provide tax advice, and it is recommended that Users consult with their tax advisor to understand their tax obligations.
5 No Advice
5.1 Talentir does not provide investment-, legal-, accounting- or tax advice. Talentir does not represent that any strategy is suitable or appropriate for individual circumstances, or otherwise constitutes a personal recommendation for any specific User.
5.2 Talentir recommends that Users independently assess, with a professional advisor prior to making any onboarding decisions, the specific financial risks as well as legal-, regulatory-, credit-, tax- and accounting consequences.
6 Modification of the Talentir Platform and Termination
6.1 Talentir may add or remove functionalities and/or features to the Talentir Platform at any time without giving notice to the User.
6.2 Talentir can terminate these Terms and Conditions or deactivate the User any bot or any group the User has created or participated in at any time if Talentir reasonably believes that the User has violated these Terms and Conditions or for any other reason.
6.3 Talentir will not be liable to the User for terminating this Agreement, including for deletion of any of the User's content. Talentir does not have to disclose the reasons for termination or deactivating.
6.4 The User may terminate this Agreement at any time without observing any period of notice by communication to Talentir. Talentir will not be liable for any loss of data, information or content of the User.
7 Individual Agreement
An individual written agreement between Talentir and the User shall prevail these Terms and Conditions in any case of conflict.
8 Limited Liability
8.1 To the extent permitted by applicable law, Talentir accepts no liability to any User for any loss or damage (direct or indirect), whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Talentir' services or the use of or reliance upon any documents or information.
8.2 To the extent permitted by law, Talentir excludes all representations, warranties, and guarantees (whether express or implied) that may apply to Talentir's services.
8.3 Talentir neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of its services resulting from external causes including, but not limited to, equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9 Indemnity
The User agrees to defend, indemnify, and hold harmless Talentir, its directors, officers, employees, affiliates, agents, and suppliers from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including attorneys' fees) brought by third parties resulting from or relating to the User's violation of these Terms and Conditions. Talentir reserves the right, at the User's expense, to assume the exclusive defense and control of any matter that the User is required to indemnify, and the User agrees to cooperate with Talentir's defense of these claims. The User agrees not to settle any matter without Talentir's prior written consent.
10 Amendments
Talentir may alter these Terms and Conditions at any time. The date of the most recent revisions will be accessible at http://talentir.com/legal/terms-and-conditions and older versions are available upon request. If changes are made that will substantially alter the User's rights, we will notify our Users. The User agrees to accept any changes or revisions to these Terms and Conditions by continuing its business relationship with Talentir and/or use Talentir's services.
11 Applicable Law, Dispute Resolution and Jurisdiction
11.1 These Terms and Conditions and all legal relationships between Talentir and the User in connection with Talentir's services (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed exclusively by Swiss law, excluding international conventions to the greatest extent permissible and possible. If a dispute between Talentir and a User arises the following procedure shall apply:
11.1.1 The User shall notify Talentir in writing, setting out its nature and full particulars, together with relevant supporting documents. The notification shall be sent to the following address: office@talentir.com, Talentir LLC, Schulhausstrasse 42, CH-8002 Zurich, Switzerland
11.1.2 On receipt of such notice, the involved parties shall attempt in good faith to resolve the dispute.
11.2 If the involved parties are for any reason unable to resolve the dispute within 30 days of such notice, then (but not before such time) either party may initiate proceedings in relation to such dispute.
11.3 Each Party irrevocably agrees that the Courts of the Canton of Zurich, shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) in connection with Talentir's services and/or this Terms and Conditions.