Terms & Conditions

TBViral - Terms & Conditions (Rights Assignment Agreement)

These Terms and Conditions ("Agreement") govern the relationship between TBViral, operated by Gatien RAKOTOZAFY as a sole trader under the commercial name RKT MEDIA, registered at the Paris Trade and Companies Register (RCS Paris) under number 841 764 939, SIRET 841 764 939 00028, with registered address at 60 rue François 1er, 75008 Paris, France (domiciliation LEGALPLACE, RCS Paris 814 428 785), reachable at contact@tbviral.com ("TBViral", "we", "us") - and any individual or entity submitting a video ("Creator", "you").

By submitting a video through the TBViral website (www.tbviral.com), you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety.

Article 1 - Definitions

Creator (Licensor): the individual or entity who owns the video and submits it to TBViral for rights management and licensing.

TBViral (Licensee): the company responsible for protecting the video and exploiting it across social media and digital platforms in order to maximise its monetisation.

Royalties: the sums paid by TBViral to the Creator, calculated after deduction of TBViral's commission and applicable fees, as described in Article 9.

Video: the audiovisual work created by the Creator, consisting of images and sound, submitted to TBViral for exploitation.

Net licensing revenue: the gross amount received by TBViral from any third-party licensing deal, after deduction of:

payment processing fees (bank transfer, PayPal, currency conversion - typically 2–3%)
commissions retained by distribution platforms (YouTube, Meta, TikTok, and similar)
any withholding taxes applied by the country of exploitation

No other deductions may be applied before calculating the Creator's share.

Article 2 - Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations, or agreements. TBViral reserves the right to update these Terms at any time. Any material changes will be communicated to the Creator in writing, and the Creator will have 30 days from receipt to object. Continued use of TBViral's services following this period constitutes acceptance of the updated Terms.

Article 3 - Purpose

This Agreement defines the conditions under which the Creator grants TBViral an exclusive, non-transferable licence to manage, protect, and commercially exploit the submitted video, as further described herein.

Article 4 - Submission Process

4.1 The Creator acknowledges that all information provided to TBViral at the time of submission - including through the online submission form - is accurate and complete. TBViral shall not be liable for any consequences arising from false or inaccurate declarations made by the Creator.

4.2 The Creator must submit the video file in the best available quality, either through the TBViral website or by email to contact@tbviral.com.

4.3 Upon receipt, TBViral will review the submitted information and video. TBViral will acknowledge receipt and communicate its decision within a reasonable timeframe.

4.4 TBViral reserves the right to decline any submission at its sole discretion, without being required to provide a reason. The Creator may not compel TBViral to enter into this Agreement.

4.5 By completing the online submission form and accepting this Agreement electronically, the Creator enters into a binding contract with TBViral for the protection and exploitation of the submitted video.

Article 5 - Ownership of the Video

5.1 The Creator certifies that they are of legal age (18 or older), or are an emancipated minor.

5.2 The Creator certifies that they are the sole and exclusive author and rights holder of the video in its entirety.

5.3 The Creator certifies that they have obtained all necessary authorisations required by applicable law, including but not limited to the consent of any individuals filmed, and any rights relating to identifiable locations or protected sites.

5.4 The Creator certifies that the video is free from any encumbrances, including pledges, liens, prior exclusive licences, or any other rights granted to third parties that could affect TBViral's ability to exploit the video.

5.5 The Creator certifies that the video is not subject to any pending dispute regarding its validity or ownership.

Article 6 - Scope of Rights Granted

6.1 TBViral will register and protect the video with the rights management systems of major digital platforms, including YouTube Content ID, Instagram Rights Manager, and Facebook Rights Manager, within 7 business days of the Agreement being signed, as well as any equivalent systems on future platforms that TBViral deems appropriate.

6.2 TBViral will use reasonable commercial efforts to exploit the video, including but not limited to:

registering it in the platform rights management systems listed in Article 6.1
presenting it to TBViral's network of media buyers, brands, and agencies
monitoring unauthorised uses and initiating takedown or claim procedures as appropriate

TBViral is bound by an obligation of means, not of results. The Creator acknowledges that commercial success depends on factors outside TBViral's control, including market demand, platform policies, and the viral nature of the content.

6.3 The rights granted by the Creator to TBViral under this Agreement include, to the fullest extent permitted by law: the right to reproduce, distribute, publicly perform, publicly display, broadcast, sub-licence, and otherwise exploit the video, in whole or in part, across all media, platforms, and territories, whether known or unknown at the date of this Agreement, for the purposes of monetisation and licensing to third parties.

6.4 This licence is exclusive: during the term of this Agreement, the Creator may not grant any rights in the video to any third party.

6.5 TBViral may exploit the video across all channels it deems appropriate, including but not limited to social media, streaming platforms, broadcast television, online media, and any other digital or physical medium. The Creator agrees not to interfere with TBViral's exploitation decisions.

6.6 All content on the TBViral website, including design, logos, trademarks, software, and audiovisual materials, is the property of TBViral or its licensors and is protected by applicable intellectual property laws.

Article 6 bis - TBViral's Obligations

TBViral acknowledges that while it is obligated to protect the video, it retains discretion over whether and how to exploit it commercially.

TBViral commits to:

Registering the video for rights protection within 7 business days of signing
Paying all applicable fees to maintain the protection in force
Refraining from creating any video that is substantially identical to the submitted video - meaning a video sharing the same subject, framing, and narrative elements in a way likely to cause confusion - during the term of this Agreement and for 1 year after its expiry
Respecting the integrity and spirit of the video
Not contesting the validity of the video or interfering with its normal exploitation
Protecting the reputation of the video and refraining from any conduct likely to damage it
Making reasonable commercial efforts to maximise monetisation, without being bound to achieve any specific result

These obligations are suspended during any period of closure or suspension of TBViral's operations, of which creators will be notified in advance. Rights protection will remain active during such periods.

Article 7 - Creator's Obligations

7.1 The Creator agrees to submit only videos for which they hold full and unencumbered rights, and which do not:

infringe any copyright, trademark, trade secret, or other intellectual property right of any third party
violate any right of privacy or publicity
contain defamatory, harassing, abusive, threatening, obscene, or illegal content
promote discrimination, hatred, or violence on any grounds
contain computer viruses, malware, or any other harmful code

7.2 Should the Creator wish to sell ownership of the video to a third party, they must first offer TBViral the right of first refusal at the same price and on the same terms offered to or by the prospective buyer (as evidenced by written documentation provided to TBViral on request). TBViral will have 2 months from receipt of written notice to accept or decline. If TBViral declines or does not respond within this period, the Creator may proceed with the sale to the third party at no less favourable terms. Any subsequent sale at a lower price requires a new notice to TBViral.

Article 8 - Mutual Obligations

8.1 Both parties agree to promptly notify the other of any known infringement of the video. The Creator retains sole responsibility for initiating and controlling any legal action to defend the video's rights, and TBViral will provide all reasonable assistance in this regard.

Should TBViral be named in any legal proceedings arising from the exploitation of the video, the Creator agrees to indemnify and hold TBViral harmless from all costs, damages, and legal fees arising from such proceedings, provided that TBViral has acted in good faith and in accordance with this Agreement.

8.2 The Creator grants TBViral full discretion to exploit the video within the bounds of applicable law.

Article 9 - Royalties and Payment

9.1 TBViral's commission is set as a percentage of net licensing revenue, as described below, in consideration for its rights management, protection, and sales services.

9.2 When TBViral uses the video, in whole or in part, in a compilation it authors itself, the Creator grants these rights at no charge for that specific use and its derivative works.

9.3 For all other commercial licensing, the Creator will receive 65% of net licensing revenue (excluding VAT where applicable). TBViral retains 35% as its commission. TBViral collects all royalties on behalf of the Creator and pays them out in accordance with Articles 9.4 and 9.5.

9.4 - Payment threshold
Royalties are accumulated in the Creator's account at a rate of 65% of each net deal. Payment is made once a month, as soon as the Creator's accumulated balance reaches or exceeds €30. Until this threshold is reached, amounts remain credited to the Creator's account and are not forfeited.

Once the first payment has been made, subsequent payments are triggered when the Creator's balance reaches an additional €15.

Payments are made by bank transfer or PayPal, at the Creator's choice, using the banking details provided by the Creator. TBViral is not liable for failed payments resulting from incorrect or outdated details provided by the Creator.

9.5 - Dormancy clause
If, at the end of a period of 24 consecutive months from the date this Agreement is signed, the Creator's accumulated balance has never reached the €30 threshold set out in Article 9.4, the amounts accumulated will be permanently retained by TBViral as an administrative management fee. This reflects the fact that TBViral's costs of account management, compliance, and payment administration over this period exceed the value of the accumulated royalties.

TBViral will notify the Creator by email - to the address provided at the time of submission - at least 30 calendar days before this clause is applied, giving the Creator the opportunity to update their payment details or provide any relevant information.

The Creator may also request early payment of amounts below the €30 threshold at any time, on the condition that applicable bank transfer or payment processing fees are deducted from the amount paid out, and that these fees are communicated to the Creator in advance.

9.6 With each payment, TBViral will provide a detailed statement showing the source and amount of royalties received, and the commission retained.

9.7 Royalties paid under this Agreement constitute income for the Creator. The Creator is solely responsible for declaring this income to the relevant tax and social security authorities in their country of residence. TBViral accepts no liability for any failure by the Creator to comply with their tax obligations.

9.8 TBViral does not guarantee any specific level of revenue from the exploitation of the video. The Creator agrees not to bring any claim against TBViral on the grounds that royalties were lower than expected, or that additional revenue could have been generated.

Article 10 - Term

This Agreement enters into force on the date it is signed electronically and remains in force for an initial period of 2 years. It will automatically renew for successive periods of 1 year, unless terminated by either party in accordance with Article 11.

Article 11 - Termination

11.1 Either party may terminate this Agreement with immediate effect in the event of a material breach by the other party that is not remedied within 30 days of written notice (by registered letter with acknowledgment of receipt) specifying the breach. Termination does not affect any other rights or remedies available to the non-breaching party.

Upon termination initiated by TBViral, TBViral will immediately cease all new exploitation of the video.

11.2 Upon termination for any reason, rights protection already registered will remain in force until the end of the current contractual period (the initial 2-year term or the current 1-year renewal, as applicable). The Creator acknowledges this and will manage any subsequent protection independently.

Article 12 - Consequences of Termination

12.1 In the event of early termination by the Creator at the Creator's fault, a termination indemnity will be due to TBViral, calculated as follows:

Indemnity = M × R × 1.10

Where:

M = number of months remaining in the current contractual period
R = average monthly net royalties received by TBViral from this video over the 12 months preceding termination (or over the actual period of exploitation if less than 12 months)
The 10% uplift is applied once to the total, as a fixed compensation for unrecovered costs

12.2 This indemnity will be deducted from any royalties still owed to the Creator, or invoiced directly if royalties are insufficient. It is payable in full on the date of termination. Late payment will accrue interest at the legal rate plus 10 percentage points per year.

12.3 Upon termination:

TBViral will cease all new exploitation of the video
Existing licences already granted to third parties before termination will remain valid until their contractual expiry; royalties from these licences will continue to be shared under Article 9 until exhausted
For any new exploitation after termination, the Creator recovers full control of the video

12.4 TBViral will take all necessary steps to redirect future royalty flows directly to the Creator once termination is effective.

12.5 The Creator is responsible for managing the continuation or cancellation of any platform-level rights protection after the contractual protection period ends.

12.6 Should TBViral continue to receive royalties after termination due to delays or errors by platform operators (not attributable to TBViral), TBViral will pass these through to the Creator in full each month, minus a €30/month administrative fee to cover continued account management.

Article 13 - Complaints

If the Creator is dissatisfied with TBViral's services, they must submit a written complaint - by email to contact@tbviral.com or by registered letter to TBViral's registered address - within 30 days of becoming aware of the issue. The complaint must describe the issue clearly and include any supporting evidence (screenshots, correspondence, etc.).

TBViral will acknowledge receipt and respond within 30 business days. If the complaint cannot be resolved amicably, the parties agree to attempt mediation before initiating legal proceedings.

Article 14 - Confidentiality and Intellectual Property

14.1 Each party agrees to keep confidential all non-public information received from the other party during the performance of this Agreement. This obligation survives for 2 years after the end of the Agreement.

14.2 The following information is not considered confidential: information already in the public domain; information lawfully received from a third party not bound by confidentiality; information that must be disclosed by law or court order.

14.3 TBViral, TBViral.com, and associated logos and trademarks are the property of TBViral and may not be used without prior written consent.

14.4 The parties may communicate by email. Neither party is responsible for delays, interceptions, or failures in email transmission beyond their control. TBViral reserves the right to modify, suspend, or interrupt access to its website at any time, with or without notice, for maintenance, updates, or other operational reasons.

Article 15 - Independence of the Parties

The parties are independent contractors. Nothing in this Agreement creates an employment relationship, partnership, joint venture, or agency between the parties.

Should any conflict of interest arise during the performance of this Agreement, TBViral will notify the Creator promptly and the parties will work together to find an appropriate resolution.

Article 16 - Limitation of Liability

16.1 TBViral's total liability to the Creator for any claim arising under or in connection with this Agreement - regardless of the number of claims or legal grounds - is limited to the total commissions earned by TBViral from the video in question during the 12 months preceding the event giving rise to the claim, with a minimum floor of €500.

This limitation does not apply to death or personal injury caused by TBViral's negligence, or to any liability that cannot be excluded or limited by law.

16.2 TBViral is not liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of revenue, loss of profit, or loss of data.

16.3 TBViral is not liable for outcomes resulting from the Creator's breach of this Agreement, including but not limited to false declarations about ownership, prior licences, or the content of the video.

16.4 TBViral is not liable for failures or interruptions in third-party platforms, networks, or services outside its control.

Article 17 - Force Majeure

Neither party will be liable for failure to perform its obligations if such failure results from circumstances beyond its reasonable control, including but not limited to: natural disasters, fires, floods, earthquakes, telecommunications failures, government actions, or platform outages.

The affected party must notify the other promptly upon becoming aware of the force majeure event and its anticipated duration. If the force majeure event continues for more than 3 months, either party may terminate this Agreement without penalty.

Article 18 - Severability

If any provision of this Agreement is found to be invalid or unenforceable by a competent court, the remaining provisions will continue in full force and effect.

Article 19 - No Waiver

Failure by either party to enforce any provision of this Agreement does not constitute a waiver of that party's right to enforce it in the future.

Article 20 - Headings

Section headings are for convenience only and shall not affect the interpretation of this Agreement.

Article 21 - Governing Law and Disputes

This Agreement is governed by French law. In the event of a dispute, the parties agree to first seek an amicable resolution. If no resolution is reached, the dispute will be submitted to the competent French courts.

If the Creator is a consumer resident in the European Union, they may also contact the European Online Dispute Resolution platform: ec.europa.eu/consumers/odr.

Article 22 - Data Protection (GDPR)

TBViral processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and applicable French law.

Data controller: Gatien RAKOTOZAFY - contact@tbviral.com

Data collected: name, email address, phone number, payment details, video content, and any other information provided during submission or in the course of the contractual relationship.

Purposes: contract performance, royalty management, billing, and legal compliance.

Retention: personal data is retained for the duration of the contractual relationship and for a maximum of 5 years after the end of the Agreement, after which it is deleted or anonymised.

Third parties: data may be shared with distribution platforms, payment processors, or public authorities where required by law. All data is hosted within the European Union.

Your rights: at any time, you may request access to, correction of, deletion of, or portability of your personal data by emailing contact@tbviral.com. We will respond within 1 month. You may also lodge a complaint with the French data protection authority (CNIL) at www.cnil.fr.

By signing this Agreement, you consent to the collection and processing of your personal data as described above.

Article 23 - Electronic Signature and Consent

By completing the online submission form and accepting these Terms, the Creator enters into a legally binding agreement with TBViral. The parties agree that:

An electronic signature carries the same legal weight as a handwritten signature
No third-party certification is required to validate the electronic signature
The Creator consents to receive all contractual communications, including tax documents, electronically at the email address provided
The Creator confirms they have access to a device capable of opening and printing PDF files
To withdraw consent to electronic communications, the Creator must notify TBViral in writing before 31 December of the relevant tax year
Electronic tax documents will remain available for 24 months or the minimum period required by law after the end of this Agreement

TBViral - RKT MEDIA - Gatien RAKOTOZAFY - RCS Paris 841 764 939 - 60 rue François 1er, 75008 Paris - contact@tbviral.com

By submitting a video on TBViral, you agree to these Terms.