GENERAL TERMS AND CONDITIONS OF DIGITAL DISTRIBUTION

These General Terms and Conditions define the terms governing the relationship between DIBSTEUR S.à.r.l, a company incorporated under Luxembourg law with its registered office at 5 Pl. de la Gare, 1616 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B254823 (hereinafter referred to as “Dibsteur”, “we”, “us”, or “our”) and any person (hereinafter the “Contracting Party”) using the website “dibsteur.com” (hereinafter the “Website”) and the services offered on the Website.

These General Terms and Conditions shall hereinafter be referred to as the “Agreement”.

Dibsteur S.à.r.l Contact Details
Postal address: 5 Pl. de la Gare, 1616 Luxembourg
Email: [email protected]

DEFINITIONS

“Recording”: any phonogram and/or videogram reproducing the performance of a musical work, with or without lyrics.
“Artwork”: any file reproducing the packaging cover of the Contracting Party’s Recordings and/or logos and/or photos and/or illustrations related to the Contracting Party’s Recordings.
“Digital Content”: the Contracting Party’s Recordings and the related Artwork.
“Delivery”: delivery to Dibsteur of the Contracting Party’s phonograms and/or videograms as finished products.
“Module”: a paid service offered on the Website providing a personalized service in the music field, the terms of use of which are accessible via the Dibsteur Interface and regularly updated.
“Dibsteur Interface”: the personal and secure interface made available after registration on the Website, enabling the Contracting Party to deliver Recordings, access Modules, consult sales and royalty statements, view account balances, request payment of sums due, etc.
“User”: the end consumer, customer of services operated by our clients and/or partners.
“Download”: the action allowing a User, within the framework of an Online Service, to reproduce one of the Contracting Party’s Recordings or Artwork from the website where it is stored and permanently store it on their device (including but not limited to computers, televisions, hi-fi systems, mobile phones, digital players, electronic organizers, etc.), in whole or in part, for individual use, without limitation in number of uses or duration.
“Streaming”: communication to the public of the Contracting Party’s Recordings from the server of an Online Service to the User’s device, without download capability, in whole or in part, alone or combined with other recordings.
“Online Services”: Dibsteur’s partner and client services offering Users access to the Contracting Party’s Recordings in full or in excerpt form via Download and/or Streaming, whether paid per use, by subscription, or free of charge, regardless of the digital distribution method (Internet, GPRS, EDGE, UMTS, DVBH, etc.).
“Metadata”: information identifying each Recording (including, but not limited to, performer names, authors, composers, publishers, producer name, year of production, catalog reference, duration, ISRC number, UPC/EAN code).

RIGHT OF DISTRIBUTION

The Contracting Party grants Dibsteur the exclusive worldwide right of digital distribution, in full or in excerpts, of the Recordings provided, including:

(i) Reproduction Rights

Digital reproduction for compression, digitization, and storage;
Storage on Online Services’ servers;
Technical purposes related to Downloads and Streaming.

(ii) Making Available to the Public

Download and/or Streaming services via internet or mobile networks;
Mobile personalization services (ringtones, ringback tones, videotones, logos, etc.).

(iii) Sub-licensing

The right to grant all or part of these rights to third parties operating Online Services.

The Contracting Party also grants Dibsteur a non-exclusive worldwide right to use their stage name, performers’ stage names, Artwork, photos, images, and biographical material for promotion purposes in connection with Online Services.

TERM

Under the free “Discovery” plan, the exclusive exploitation term for each Recording begins on its commercial release date on the Website and expires three (3) years thereafter.

This term renews automatically for successive twelve (12) month periods unless terminated by either party at least two (2) months before the end of the current term by registered letter or email with acknowledgment of receipt.

Under the paid “Premium” and “Label” subscription plans, exploitation is granted without minimum duration.

If, upon expiration, a debit balance remains unrecovered, exclusivity shall continue until full recovery unless the Contracting Party settles the outstanding amount.

DELIVERY AND ONLINE AVAILABILITY

Recordings must be delivered via the Dibsteur Interface after registration.

All required information (biography, photos, etc.) must be provided during submission.

Files and Metadata must comply with Dibsteur’s technical requirements. Dibsteur may modify Metadata for compliance. The Contracting Party bears responsibility for associated costs.

Distribution occurs after validation of technical, artistic, and graphic conditions.

Dibsteur may adapt file formats to meet technical standards.

Partners may offer previews of up to 30 seconds per Digital Content item.

COPYRIGHT

Mechanical reproduction and public performance royalties for musical works reproduced in the Recordings are payable by Online Services, which are responsible for declarations and payments.

MODULES

The Contracting Party may purchase one or more Modules (e.g., mastering, statistics access, SACEM registration).

Module terms and pricing are published and updated on the Website.

Dibsteur reserves the right to modify pricing and access conditions during the Agreement.

REMUNERATION AND ACCOUNTS

“Discovery” plan: 50% of Net Revenues.
“Premium” and “Label” plans: 100% of Net Revenues.

“100%” refers strictly to Net Revenues, not gross or estimated amounts.

Net Revenues Definition

Amounts actually received by Dibsteur from exploitation (Download, Streaming, etc.), after deduction of:

VAT and taxes;
Withholding taxes;
All commissions, platform fees, technical fees, processing fees, chargebacks, penalties, commercial discounts, and any other intermediary deductions.

Net Revenues are the sole basis for calculation of payments.

Quarterly sales statements are provided via the Dibsteur Interface by the 25th of the following month and deemed accepted unless contested within six (6) months.

No remuneration is due for free previews under 90 seconds.

Balances under €15 (excluding VAT) will not be paid until the threshold is reached.

Interest generated on pooled funds belongs irrevocably to Dibsteur.

PAYMENT OF DISTRIBUTION ROYALTIES

Invoices are automatically generated via the Dibsteur Interface.

The Contracting Party grants Dibsteur an irrevocable mandate to issue invoices on their behalf.

Royalties are paid gross to the Contracting Party, who remains solely responsible for declaring this income to the tax authorities and social security bodies of their country of residence, and for paying the corresponding contributions and taxes. Dibsteur provides the Contracting Party with an annual summary of the amounts paid, which may be used for declaration purposes.

Payments are made within 60 days from invoice date by bank transfer.

Statements reflect Net Revenues only.

ADVANCES

Dibsteur may grant advances, recoupable against future Net Revenues.

Advance balances are accessible via the Dibsteur Interface.

FILE SECURITY

Dibsteur may use technical protection measures and electronic rights management information to protect Recordings.

Upon written request, essential characteristics of such measures will be disclosed.

COLLECTIVE RIGHTS MANAGEMENT

The Contracting Party grants Dibsteur express mandate to declare and collect royalties from collective management organizations.

Dibsteur will retain 50% of gross amounts collected (before tax deductions) and remit the remainder, subject to applicable taxes.

WARRANTIES OF THE CONTRACTING PARTY

The Contracting Party warrants:

Being at least 18 years old and legally capable;
Accuracy of personal information;
Ownership of rights to exploit Recordings;
Absence of unlawful, defamatory, or infringing content;
No artificial streaming manipulation (e.g., bots, paid playlist fraud).

Artificial streaming penalties: €20 per affected track (platform fine + administrative fee). Dibsteur may remove content or terminate accounts without notice.

AI-generated content must be declared and is limited to five (5) tracks per month.

PUBLISHING OPTION

If the Contracting Party is author or co-author, Dibsteur receives a worldwide right of first refusal for publishing rights for five (5) years from the date of upload.

WEBSITE AND PROTECTED ELEMENTS

All trademarks, logos, and content are protected by intellectual property laws.

Dibsteur provides services on a best-efforts basis and may suspend or modify access without liability.

PERSONAL DATA

Personal data is processed for contract execution, relationship management, billing, and dispute resolution.

Processing complies with Regulation (EU) 2016/679 (GDPR).

Data may be transferred outside the EU for exploitation purposes.

The Contracting Party may exercise access, rectification, erasure, or restriction rights via:
[email protected]

CONFIDENTIALITY

Confidential information must not be disclosed unless required by law.

Dibsteur may share usage and sales data with selected partners.

SUSPENSION – TERMINATION

Dibsteur may suspend distribution or accounts in case of third-party claims, breach, fraud suspicion, or infringement.

Either party may terminate for serious breach after formal notice.

MISCELLANEOUS

Dibsteur may amend the Agreement at any time.

Assignment, subcontracting, and delegation are permitted.

Invalid provisions do not affect the remainder of the Agreement.

The parties remain independent contractors.

DISPUTE RESOLUTION

Disputes shall first seek amicable resolution.

Exclusive jurisdiction: Courts of Luxembourg City.

Applicable law: Luxembourg law.

RIGHT OF WITHDRAWAL

Consumers have fourteen (14) calendar days to withdraw from distance contracts unless exceptions apply (notably fully performed services or digital content executed with prior express consent and acknowledgment of waiver).

The burden of proof for exercising the right of withdrawal lies with the consumer.