Creator Terms

1. Applicability and relationship to the Terms

These Creator Terms apply in addition to the General Terms and Conditions to all users who wish to submit, upload, manage, publish, provide free of charge or sell digital content as creators on bspmarket.de.

In the event of conflicts, these Creator Terms take precedence over the general Terms for creator functions. Consumer rights and mandatory statutory provisions remain unaffected.

2. Application, approval and creator account

Participation as a creator requires a user account and approval by bspmarket.de. We may request information on the person, the project, previous work, payment/tax data, rights ownership and sample content.

There is no entitlement to approval as a creator. We may reject applications or request additional evidence, in particular where rights, quality, security, identity, tax details, abuse risks or platform fit are not sufficiently clarified.

Creators must keep their account, payment, contact and tax data up to date. A creator account must not be sold, shared or transferred without consent.

3. Role of bspmarket.de and contract model

The operator of bspmarket.de is Nexthosting - Friedl & Friedl GbR.

bspmarket.de operates the technical sales, review, protection, download and payment infrastructure. Towards buyers, the platform operator acts as contracting party, unless a different model is expressly stated on the product page.

Creators provide digital content to the platform for marketing and grant the rights required for this. In return, creators receive a revenue share under these terms or under a separate agreement.

4. Permitted content and minimum requirements

Creators may only upload content in which they hold the required rights or for which they are demonstrably sufficiently licensed. Permitted in particular are own BSP/map files, own assets, own preview images, own descriptions and lawfully licensed third-party components.

Impermissible in particular are:

• stolen, leaked, unlawfully copied or decompiled-without-permission maps, assets or content,
• content that infringes copyright, trademark, personality, data protection, competition or other third-party rights,
• malware, backdoors, exploits, spyware, malicious scripts, unauthorised telemetry or other security-endangering components,
• content that is criminal, youth-endangering, extremist, discriminatory, glorifying violence, fraudulent or otherwise illegal,
• misleading product descriptions, faked screenshots, false compatibility information or manipulated reviews,
• content that removes or circumvents third-party protection, fingerprint, watermark, licence or evidence systems without authorisation.

Creators must disclose all external dependencies, required addons, workshop content, licences, credits and known limitations in the product description or in accompanying documentation.

5. Grant of rights to bspmarket.de

Creators generally retain their copyright and ownership rights in their content. With the upload, however, the creator grants bspmarket.de a simple, geographically unlimited right, effective for the duration of publication and for existing buyer licences, to store, review, technically analyse, provide with protection functions, reproduce, publicly offer, advertise, provide, deliver to buyers and license in accordance with the product licence the content to the extent required.

This right also includes necessary technical processing, in particular compression, renaming, hashing, scans, fingerprinting, buyer fingerprinting, obfuscation, generation of download packages, preview images, product pages, evidence files, licence evidence and security/review logs.

For marketing purposes, bspmarket.de may use product names, creator names, preview images, short excerpts, screenshots and product descriptions in connection with the platform and the respective product, as long as the creator has published the product or buyer licences continue to exist.

6. Warranties and indemnification

The creator warrants that they hold all required rights, that their content does not infringe third-party rights, that all required licences and credits are stated and that the content contains no impermissible or harmful components.

If bspmarket.de is held liable by third parties due to content for which the creator is responsible, the creator indemnifies bspmarket.de against justified claims, necessary legal costs and damages, insofar as the creator is responsible for the infringement. This does not apply insofar as the creator is not responsible for the infringement.

The creator is obliged to inform bspmarket.de without undue delay if they become aware of legal defects, licence problems, security problems, suspected malware, unauthorised third-party publications or other significant problems with a product.

7. Upload, review and approval process

New products, new files and significant product changes go through a review process. This may include automated and manual steps, in particular file type check, virus scan, hashing, BSP/lump analysis, protection check, asset/pakfile inspection, plausibility check, admin review and test download.

A product is only published once it has been approved. There is no entitlement to publication within a specific period. We may reject, postpone publication or require improvements where legal, technical, quality, security-related or organisational reasons exist.

If a problem is identified after publication, we may temporarily deactivate the product, block downloads, inform buyers, request updates, review refunds or permanently remove the product.

8. Protection options at upload

At upload or for a new product version, bspmarket.de may check whether a map is already protected or is being uploaded unprotected. If the check finds no recognisable platform protection, the creator may, depending on availability, choose in particular the following options:

• Fingerprint only: The file is provided with a platform-side fingerprint or licence evidence, without additional obfuscation.
• Obfuscate: The file is processed with the offered obfuscation measures; a fingerprint is included by default.
• Upload without bspmarket.de protection: The creator uploads the file without platform protection or uses their own protection.

bspmarket.de does not owe insurmountable copy protection. Protection functions increase the evidentiary and deterrent effect but cannot guarantee that digital content is never copied, manipulated, extracted or passed on.

9. Buyer fingerprint and licence evidence

Creators may, where technically available, decide whether a buyer-specific fingerprint is activated for a product. If the buyer fingerprint is activated, each delivered copy is automatically provided with a secret licence/buyer fingerprint or a comparable proof. This can later help assign a file to a specific order, licence or delivery.

The buyer fingerprint is not intended to enable impermissible surveillance. It serves licence assignment, fraud prevention, account security, abuse investigation and securing evidence in the event of unauthorised redistribution. The processing of personal data in connection with fingerprints is governed by the privacy policy.

If the creator deactivates the buyer fingerprint, bspmarket.de may still keep general order, download, licence, hash and review logs insofar as this is necessary for contract performance, security, evidence or legal obligations.

10. Product page, price, updates and support

Creators are responsible for the accuracy and timeliness of the product title, description, screenshots, videos, suggested price, tags, compatibility, installation notes, changelog, licence notes and support information.

Prices can be suggested by the creator or, depending on the platform function, set by the creator. bspmarket.de may specify minimum prices, maximum prices, currencies, discount logic, taxes, payment methods or product categories.

Creators must report known errors, significant compatibility problems and security problems without undue delay and provide reasonable improvements where a product does not correspond to the product description or legitimate expectations. Buyers only have a claim to unlimited individual support by the creator if this is expressly promised on the product page.

11. Revenue share

Unless a deviating individual agreement exists, the creator receives a share of 90% of the net revenue from sales of their paid products.

Net revenue is the sales revenue actually collected, excluding statutory VAT and less refunds, reversals, chargebacks, fraud-related losses, cancelled payments and directly attributable payment service provider or transaction costs, insofar as these are shown in the billing system. Platform-internal discounts, vouchers or promotions may reduce net revenue if they were applied at purchase.

No payout claim arises for free products. For test purchases, administrative purchases, cancelled purchases, fraud-suspected purchases or fully refunded purchases, no payout claim or only a correspondingly reduced payout claim arises.

12. Payouts, payment data and taxes

Payouts are made via the payout channels offered by bspmarket.de and only if the creator has fully and correctly provided all required payment, identity and tax information. We may withhold payouts as long as information is missing, discrepancies exist, statutory checks are ongoing, refund/chargeback risks exist or there is justified suspicion of abuse.

Payouts are generally made in aggregate, e.g. monthly, provided the creator balance reaches the minimum payout shown in the dashboard. Deviating payout dates or minimum amounts may be regulated in the creator dashboard or in individual agreements.

Creators are themselves responsible for the proper tax treatment of their income, in particular income tax, trade tax, VAT, small-business status, invoicing and other reporting obligations. Where legally required, bspmarket.de may collect, store, review and report tax-relevant data to the competent authorities.

13. Refunds, chargebacks and buyer protection

If a purchase is refunded, reversed or charged back, the associated creator share may be cancelled, offset or reclaimed. This applies in particular in the event of defects, legal violations, payment fraud, double payments, statutory withdrawals, goodwill cases or decisions by payment service providers.

Creators must reasonably cooperate in clarifying buyer complaints, defects, rights questions and chargebacks. If cooperation is not provided, bspmarket.de may decide on the basis of the file, in particular block downloads, trigger refunds or deactivate products.

14. Blocking, removal and sanctions

We may temporarily or permanently block, restrict or remove products, files, product pages, creator profiles or creator accounts where there are concrete indications of legal violations, rights problems, malware, security risks, fraud, misleading information, repeated defects, impermissible content, manipulation or violations of these terms.

Depending on the severity of the violation, measures may be taken without prior hearing, in particular in the event of acute legal, security, payment or abuse risks. Where reasonable, we inform the creator of the reason for the measure and give an opportunity to comment or improve.

Existing buyer licences may continue insofar as this is legally permissible and technically possible. In the event of serious legal or security problems, downloads already provided may also be blocked or replaced by cleaned versions.

15. Termination of creator participation

Creators may generally end their participation at any time and remove unpublished products. For products already sold, the rights required to fulfil existing buyer licences remain in place, unless mandatory legal grounds prevent this.

bspmarket.de may ordinarily end creator participation with reasonable notice or without notice for good cause. Good cause exists in particular in the event of serious or repeated violations, legal infringements, fraud, manipulation, malware, payment fraud or significant endangerment of the platform.

16. Confidentiality and protection systems

Information about internal protection mechanisms, fingerprint secrets, ledger structures, review procedures, security logic, internal admin decisions and non-public platform functions must be treated confidentially, insofar as it is not already publicly known to the creator.

Creators must not take measures that manipulate, circumvent, weaken or misuse protection, review, fingerprint, billing or download systems.

17. Changes to these Creator Terms

We may change these Creator Terms with effect for the future where there are objective reasons, in particular in the event of changes to platform functions, payment processes, legal requirements, protection systems or the abuse situation. Creators are informed of significant changes. If a creator objects to a permissible change, creator participation may be ended.

18. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Insofar as the creator is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is our registered office, to the extent permitted by law.

Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions replace invalid provisions.