Platform-to-Business Terms (Regulation (EU) 2019/1150)
Preamble
Copy link to “Preamble”These terms explain how we meet Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (the “P2B regulation”) towards creators. They bring together what is governed in various places in our terms, and add the complaints and mediation procedure. They give substance to Creator Terms section 15.
Who they apply to: creators whose establishment or residence lies in the European Union or the European Economic Area and who offer their content to consumers in the EU or EEA. As a small enterprise (fewer than 50 staff, annual turnover up to EUR 10 million) we are currently exempt from the duties to run internal complaint handling (Article 11(5)) and to offer mediation (Article 12(7)); we offer both voluntarily. Should the exemption fall away, the procedures continue as statutory obligations.
1 Clear terms, and changes to them (Article 3)
Copy link to “1 Clear terms, and changes to them (Article 3)”- Our terms for creators (Creator Terms, Creator Earnings, Acceptable Use, Moderation and the other ancillary terms, Terms section 19.1) are available at any time at legal.desioart.com, before the contract is concluded and in their earlier versions too (the change log).
- We announce changes to creators at least 15 days beforehand on a durable medium (email and in your account), and we extend that period where you need to adapt your content or your processes (Creator Terms section 14). A shorter period applies only where the law obliges us, where an unforeseen danger arises (fraud, malware, a security vulnerability), or with your express agreement. You can terminate within the period, and changes never apply retrospectively (Article 8(a)).
- The grounds on which we can restrict, suspend or end what you offer are in Creator Terms section 12, Acceptable Use section 9 and Moderation section 7.
2 Restriction, suspension and termination (Article 4)
Copy link to “2 Restriction, suspension and termination (Article 4)”- With every restriction or suspension (hiding content, removal from discovery, blocking a feature or an account, retaining a payout) you receive a statement of reasons by the time it takes effect at the latest, setting out the facts, the circumstances and the provision applied (Moderation section 4).
- On a termination we give you the reasons at least 30 days beforehand — save where the law obliges us otherwise, where breaches are repeated, or where there are compelling grounds under Article 4(4); the breaches that justify immediate termination are named in Acceptable Use section 9.1.
- You can have any decision reviewed through our internal complaints and appeals procedure (section 7, Appeals); if you succeed, we restore your content, your reach and your earnings without delay.
- We do not disclose the identity of a person who reported something (Article 4(5)); where an authority has ordered a measure, we name the authority so far as we are allowed to.
3 Ranking and visibility (Article 5)
Copy link to “3 Ranking and visibility (Article 5)”The main parameters of our ordering and their relative weight are described in Terms section 3.5: the subscription feed chronologically; trending and “new” by an activity score (subscriptions, likes, comments and purchases over the last hour to 30 days, declining with the age of the post, with a starting bonus for new creators); recommended creators by similarity of category and tags; the promotions page by the offers running; and the top-creator badge, set monthly from subscriber growth, interaction rate and how often you publish (weighted 40 %, 35 % and 25 %, valid for 30 days).
- No paid placement: a better position in trending, search or recommendations cannot be bought.
- What you can influence: publishing regularly, interacting, filling in your profile, public media that are suitable for all audiences and have been checked (intro video, promotional cover), and promotions. What hurts: warnings, hidings, public media not suitable for all audiences, and taking yourself out of search by choice.
- Protection of minors before reach: unverified visitors are shown only checked media suitable for all audiences, and creators with content not suitable for all audiences do not appear for them in trending or search (Age Verification section 1).
- We do not disclose our algorithms in detail where doing so would open the door to manipulation (Article 5(6)).
4 Ancillary services and distribution channels (Articles 3(1)(c) and 6)
Copy link to “4 Ancillary services and distribution channels (Articles 3(1)(c) and 6)”- Distribution channels: besides your profile we market what you offer through discovery surfaces (trending, new, recommendations, the promotions page), notifications to followers and subscribers, platform marketing where you agree to it (featured lists, newsletters — Privacy section 12.3), the referral programme (Referral) and your cross-posting connections (Creator Terms section 9.8).
- Ancillary services to fans: we offer fans no paid ancillary services alongside what you offer; AI tools, statistics, tracking links and marketing tools we give creators free of charge (cross-posting may carry third parties’ costs).
5 Differentiated treatment of our own offerings (Article 7)
Copy link to “5 Differentiated treatment of our own offerings (Article 7)”We run AI personas of our own as creator accounts (Community section 2.5, Creator Terms section 11.4). For transparency under Article 7:
- They are subject to the same ranking parameters, content rules and reporting and moderation procedures as human creators, and they are labelled as AI.
- They receive no preferential placement, no exclusive advertising space and no data belonging to other creators; test personas are excluded from trending, search and the promotions page.
- The differences: 100 % of their revenue stays with the company; they neither pay out referral commission nor trigger any; and their content is generated server-side and checked by the same rules.
- The demand statistics we use to steer our own personas (which categories are in demand in which countries) are aggregated and k-anonymous; we do not use individual creators’ data (prices, turnover, fans) for it.
Should we treat our own offerings differently in future, we will set out here what that involves.
6 Access to data (Article 9)
Copy link to “6 Access to data (Article 9)”| Who | What data |
|---|---|
| You (the creator) | your content, prices, subscriber and buyer data within the limits of Creator Terms section 10.7 (username, subscription status, purchases from you, a rough breakdown by country), statistics on your content, payout and tax statements; exportable at any time (Privacy section 9.5) — including after the contract ends, during the deletion process |
| We | all transaction, security and moderation data; aggregated platform statistics (including for steering our own offerings, section 5); your content within the licence (Creator Terms section 5) |
| Third parties | payment service providers (processing payments), tax authorities (DAC7, VAT), authorities on an order, and the third-party apps you have granted access to (API Terms); no disclosure of your data for third parties’ advertising (Privacy section 5) |
| Other creators | nothing about you beyond your public profile details and, where you work together, the co-creator links; comparative figures (“your prices compared”) only anonymised and from 10 creators upwards |
7 Complaints (Article 11) — offered voluntarily
Copy link to “7 Complaints (Article 11) — offered voluntarily”You can complain free of charge about: our alleged failure to comply with the P2B regulation; technical problems with our platform that affect you; and measures or conduct of ours that affect you. The channel: complaints@desioart.com (subject “P2B”) or the creator dashboard → Help (Complaints). We acknowledge receipt at once, are in touch within 5 days, decide within 14 days (30 for complex cases) and tell you the outcome individually and intelligibly. Complaints are examined by someone who did not take the decision complained of. We report the number, kind and handling time of P2B complaints annually in the transparency report (Moderation section 9.3).
8 Mediation (Article 12) — offered voluntarily
Copy link to “8 Mediation (Article 12) — offered voluntarily”Where a complaint remains unresolved, you can propose mediation. The mediators we are willing to work with are (Creator Terms section 15):
- the P2B Panel of Mediators of the Centre for Effective Dispute Resolution (CEDR), 70 Fleet Street, London EC4Y 1EU, cedr.com/p2bmediation
- the mediators for commercial disputes entered in the register of the Cypriot Ministry of Justice under Law 159(I)/2012
We bear a reasonable proportion of the total cost of the mediation — as a rule at least half (Article 12(4)) — and both sides take part in good faith. Mediation is voluntary, prevents neither side from going to court, and binds nobody unless agreement is reached. You can also turn to another mediator of your choosing, if we agree.
9 No most-favoured-nation clause (Article 10), intellectual property (Article 3(1)(d)), termination (Article 8)
Copy link to “9 No most-favoured-nation clause (Article 10), intellectual property (Article 3(1)(d)), termination (Article 8)”- You may offer your content on other platforms and channels on any terms you like (Creator Terms section 4.2); the only thing prohibited is external payment links for services arranged on desioart (Acceptable Use section 6.2).
- Your intellectual property rights stay with you; the licence you grant and its limits are in Creator Terms section 5 and Terms section 8.
- You can terminate at any time with immediate effect (Creator Terms section 12.1); you can export your data and content before doing so; and after the contract ends we keep only what Privacy section 7 provides for.
10 Associations and authorities (Articles 14 and 15)
Copy link to “10 Associations and authorities (Articles 14 and 15)”Organisations and associations with a legitimate interest in representing business users, and public bodies, can bring proceedings for breaches of the P2B regulation. In Germany the regulation is enforceable through section 3a UWG; in Cyprus through the authority competent under the national implementing law and through the ordinary courts.
11 Contact
Copy link to “11 Contact”P2B complaints: complaints@desioart.com (subject “P2B”) · mediation and associations: legal@desioart.com · postal address: 1 Apriliou 52, 7600 Athienou, Larnaca, Cyprus