These Terms of Use (the “Streamer Terms”) govern the legal relationship between PixelPact UG (haftungsbeschränkt), Chemnitzer Str. 18, 44139 Dortmund, Germany (“PixelPact”, “we” or “us”) and the streamer (“Streamer” or “you”) when using the PixelPact platform.
§ 1 Scope, formation of contract, amendments
(1) These Streamer Terms apply exclusively to natural and legal persons registering with PixelPact as streamers for the operation of publicly accessible live streams (e.g. on Twitch, Kick or YouTube) who use the platform in the exercise of their commercial or self-employed professional activity (entrepreneurs within the meaning of Section 14 of the German Civil Code). We do not offer the platform to consumers. The Streamer confirms this entrepreneurial use upon registration; PixelPact may at any time request suitable evidence (e.g. tax number, VAT ID or trade registration).
(2) The Streamer contract is concluded upon successful registration (including OAuth confirmation and, where required, submission of master data) and acceptance of these Terms by the Streamer. PixelPact confirms the contract by activating the account.
(3) Conflicting or deviating terms of the Streamer do not apply unless PixelPact expressly agrees in text form.
(4) PixelPact reserves the right to amend these Streamer Terms to adapt them to changed legal or factual conditions or to further develop the platform. Amendments will be notified to the Streamer in text form (e.g. via email to the address on file) at least 30 days before taking effect. If the Streamer does not object within this period, the amended terms are deemed approved; this consequence will be pointed out in the notification. If the Streamer objects, PixelPact may terminate the contract with the earliest possible ordinary notice.
§ 2 PixelPact’s services
(1) PixelPact operates an online platform through which advertising customers can book CPM-based campaigns and deliver them into the live streams of participating streamers. PixelPact in particular provides:
- a streamer dashboard with overviews of campaigns, streams and earnings,
- a technical overlay integrated as a browser source in OBS (or similar streaming software) that delivers creatives in the formats skyscraper, banner or full display,
- a matching engine that assigns suitable campaigns based on the streamer’s industries, average viewer count, game category, language and other criteria,
- a wallet function with overviews of available balance, pending payouts and credit-note PDFs,
- a notice-and-action mechanism for illegal content pursuant to Art. 16 of Regulation (EU) 2022/2065 (Digital Services Act, “DSA”) and an internal complaint-handling procedure pursuant to Art. 20 DSA.
(2) PixelPact does not owe uninterrupted availability of the platform but targets an annual availability of 99%. Restrictions beyond that figure — in particular caused by force majeure, maintenance, attacks on the infrastructure or outages of third parties (in particular Twitch, Kick, YouTube, Cloudflare, IONOS) — do not give rise to warranty or damage claims.
(3) PixelPact may change, supplement or discontinue individual features at any time, provided this is reasonable for the Streamer and does not impair the core of the contractually owed services.
§ 3 Registration and eligibility
(1) Registration as a Streamer is carried out via OAuth login with Twitch and, optionally, by linking YouTube, Kick, Discord, TikTok or Instagram (via the Meta Graph API). The Streamer warrants that the data transmitted is accurate and current and keeps it up to date during the contract term.
(2) The Streamer must be at least 18 years of age and have full legal capacity at the time of registration and during the entire contract term. PixelPact may request suitable proof of age.
(3) Optional third-party integrations (in particular TikTok and Instagram/Meta) serve solely to enrich the Streamer profile and may be disconnected by the Streamer at any time. By linking one of these services, the Streamer acknowledges that, in addition to these Terms and our Privacy Policy, the relevant terms of use and developer terms of the linked providers — namely the TikTok Developer Terms of Service and the Meta Platform Terms — apply, and authorises PixelPact to display the publicly available profile data retrieved via the respective APIs (in particular display name, username, profile image and follower count) for discovery by advertising customers and to refresh the follower count at reasonable intervals. If the Streamer disconnects the integration (or withdraws consent with the respective provider), the associated access tokens are immediately revoked with the provider and deleted from the PixelPact database; no resale or disclosure of this data to third parties outside the platform takes place.
(4) Eligibility for automated campaign assignment is determined by the Streamer’s 30-day average concurrent viewer count. From an average of 5 to 250 concurrent viewers the Streamer participates in automated matching; Streamers with higher averages are handled via separate “Managed Direct Sponsoring”. PixelPact decides on eligibility as well as on any restoration after loss of eligibility. There is no entitlement to acceptance into, or retention in, the automated matching.
§ 4 Obligations of the Streamer
(1) The Streamer operates their streams on their own responsibility and in particular undertakes:
- to comply with the terms of use, community guidelines and advertising rules of the streaming platform used (in particular Twitch, Kick, YouTube);
- to use the platform exclusively in the context of genuine live broadcasts. Participation in the advertising network during reruns, 24/7 playlist or replay channels (so-called “TV channels”), watch parties (e.g. Amazon Prime) and premieres is excluded. The Streamer is obliged to truthfully flag reruns via Twitch’s native “rerun” feature and not to pass off pre-recorded content as a live stream;
- not to cover, manipulate, overlay or otherwise impair the effect of the advertising delivered through the overlay;
- not to generate artificial viewer or impression counts (in particular no bots, view bots, purchased viewers, automated multi-account setups);
- not to disseminate unlawful content in the stream, in particular content infringing criminal laws, youth protection rules or copyright;
- to keep access credentials and the overlay token confidential and to notify PixelPact immediately of any suspected misuse;
- to keep contact details (in particular email, payout details, tax status) up to date.
- to distribute any tracking link assigned to them (in particular in the context of a Combined-Campaign) exclusively via the chat of their active, currently shown PixelPact-Dashboard live stream on the respective platform (Twitch, Kick or YouTube), and neither to share the tracking link via other channels (in particular Discord, Twitter/X, other messenger services, other live streams, or off-stream platforms), publicly or in closed groups, nor to deliberately encourage third parties to trigger clicks outside the active live stream;
(2) Participation in the PixelPact advertising network constitutes advertising within the meaning of Section 5a UWG as well as applicable media and telemedia regulations. The PixelPact overlays are designed and delivered as advertising so as to be recognisable as such. Where additional separate labelling is required (e.g. for chat campaigns once activated), PixelPact will provide appropriate sample labels; compliance with labelling obligations in the individual case remains the Streamer’s responsibility.
(3) If the Streamer violates the obligation to distribute the tracking link exclusively via the chat of the active live stream on the respective platform (§ 4 (1) bullet [Tracking-Link Binding]), PixelPact shall be entitled to:
(i) exclude the affected clicks from compensation pursuant to § 6 (3);
(ii) notify the Streamer in text form (in particular via email to the registered address) of the violation and, in the event of repeated or intentional violations, issue a formal warning (Abmahnung);
(iii) suspend the Streamer’s participation in Combined-Campaigns for an appropriate period (typically up to seven days);
(iv) terminate the Streamer agreement for cause pursuant to § 314 BGB in cases of severe or continued violations.
Further statutory claims, in particular for compensation of demonstrably incurred damages, remain unaffected.
§ 5 Exclusivity and competing advertising
(1) Whenever a PixelPact display campaign is assigned and active, the Streamer undertakes not to deliver any competing third-party overlays in the same ad format (skyscraper, banner or full display).
(2) Other revenue sources of the Streamer, in particular Twitch subscriptions, Bits, donations, verbal mentions of own sponsors and non-competing overlays (e.g. webcam frames, alerts, emote overlays), expressly remain unaffected.
(3) Where the Streamer receives a direct sponsoring offer from a company competing by business field with a current PixelPact advertising customer, the Streamer shall inform PixelPact without undue delay so that potential conflicts of interest can be assessed in advance.
§ 6 Remuneration, CPM settlement and reconciliation
(1) The Streamer’s remuneration is paid on a CPM (cost per thousand) basis for each verified impression. The currently applicable CPM rates are shown in the Streamer dashboard and may vary per campaign and asset type (static image vs. animated video).
(2) A “verified impression” is a delivery during which (i) the stream was being broadcast as a genuine live stream on the respective platform (Twitch stream type “live”, a Kick livestream or a YouTube live broadcast) (in particular not as a rerun, 24/7 VOD/playlist channel, watch party or premiere), (ii) all campaign criteria (in particular industry, viewer range, language, mature-content status, genre exclusions) were met and (iii) the delivery corresponded to the duration shown in the dashboard (usually 30 seconds).
(3) A “verified click” (for campaigns with a tracking link, in particular Combined-Campaigns) is a click interaction on the tracking link posted in the chat of the active live stream that meets the following criteria:
(i) the Streamer’s stream was live at the time of the click or immediately beforehand;
(ii) the click originated from the chat of the active live stream on the respective platform (Twitch, Kick or YouTube); this is technically detectable via the HTTP Referer matching a domain of the respective platform (e.g. twitch.tv, kick.com, youtube.com). Where no Referer is transmitted (in particular for clicks from the platforms’ mobile apps or with browser-side Referer transmission disabled), the click is considered verified provided it occurs within the click window specified in (iii);
(iii) the click occurred within the click window transparently disclosed in the Streamer-Dashboard (typically 15 minutes after the tracking message is posted by the PixelPact chatbot);
(iv) all other anti-abuse criteria (in particular geo-match, rate limits, exclusion of bot user agents and automated click patterns) are satisfied.
Clicks not meeting these criteria are documented in the click audit log and shown in the Streamer-Dashboard with the corresponding exclusion reason, but are not eligible for compensation. The current technical implementation of the criteria (in particular the length of the click window) is published in the Streamer-Dashboard and may be adjusted by PixelPact at its reasonable discretion (§ 315 BGB), provided that material tightenings shall be communicated in text form 30 days before becoming effective.
(4) After a stream ends PixelPact carries out post-stream “reconciliation” by checking each impression against the next recorded snapshot. If the check reveals that the criteria were not met at the time of delivery (e.g. category change), the impression is invalidated. The corresponding earnings are corrected from the Streamer’s balance and documented in the wallet as an “invalidated impression”.
(5) To ensure correct reconciliation, PixelPact may suspend payouts during a live stream and until the reconciliation check of the most recently ended stream session is completed. The duration of this check depends on the length and complexity of the stream and is typically a matter of minutes. Should a subsequent invalidation occur after a payout has already been made, the corresponding amount is offset against the next payout; if the balance is insufficient, the Streamer shall reimburse the outstanding amount on request within 14 days.
§ 6a Partner programme and compensation uplifts
(1) No entitlement to admission. PixelPact may grant individual Streamers the status of “exclusive partner”. Admission is at PixelPact’s sole discretion; there is no entitlement to admission or to the continuation of the status. The prior admission of other Streamers does not give rise to a claim to equal treatment.
(2) Increased compensation. PixelPact may attach to the partner status a percentage uplift on the Streamer compensation under § 6 (CPM compensation and chat-click compensation). The uplift applies only to deliveries occurring after it has been activated; it is not applied retroactively to deliveries already settled. The prices charged to the advertiser remain unchanged.
(3) Aggregation and ceiling. The partner uplift and any uplift from the Streamer’s prestige level are added together. The sum is capped at the amount resulting from the price and compensation structure in force; in particular it cannot cause the Streamer compensation to reach or exceed the price paid by the advertiser. The uplift actually paid out may therefore be lower than the percentage granted. The basis of calculation is recorded per delivery and will be set out to the Streamer in text form on request.
(4) Modification and revocation. PixelPact may modify the uplift with effect for the future and revoke the partner status for good cause. The revocation is communicated to the Streamer in text form stating the reason and takes effect immediately; compensation claims that have already arisen, including uplifts already applied, remain unaffected. Revocation of the partner status leaves the Streamer agreement otherwise unaffected; the Streamer continues to participate in delivery under the terms of § 6.
(5) Creator code. Partners receive a personal creator code. It replaces the Streamer’s previous referral code for new referrals; codes issued earlier remain valid and continue to be attributed, so links already shared retain their effect. After a revocation of the partner status the creator code remains in place for the attribution of existing referrals but is no longer used for new ones.
(6) Partner page. Partners may maintain a public partner page at pixelpact.gg/partner/<code>. The Streamer is responsible for the content they publish there (text, links, information on games and key figures, profile picture); § 4 applies accordingly. They warrant that they hold the necessary rights to any images uploaded and grant PixelPact the non-exclusive right, limited in territory and to the duration of publication, to use that content for the purpose of displaying the partner page. Changes are reviewed by PixelPact before publication; until approval the most recently approved version remains public. PixelPact may refuse approval or take a published page offline stating the reason, in particular in the event of breaches of § 4 or § 9. There is no entitlement to publication or to uninterrupted availability of the partner page.
(7) No exclusivity obligation. Beyond § 5, the partner status does not create any obligation to work exclusively with PixelPact.
§ 7 Payouts
(1) Payouts are issued upon the Streamer’s request via the wallet function as soon as the available balance reaches at least EUR 10.00 (ten euros). The Streamer can choose between PayPal and SEPA bank transfer.
(2) After review and approval PixelPact initiates the payout:
- via PayPal: within 14 business days after approval at the latest.
- via SEPA bank transfer: within 14 business days after approval at the latest.
(3) Fees: For PayPal payouts a flat fee share of 2%of the payout amount, capped at EUR 12.00 per payout, is withheld. SEPA transfers within the Single Euro Payments Area are free of charge. For transfers outside the SEPA area the Streamer bears all actually incurred bank fees.
(4) The Streamer must provide complete and accurate payout details (in particular tax number or VAT ID, billing address, IBAN or PayPal email, small-business status under Section 19 UStG where applicable). In case of incomplete or incorrect details payouts may be withheld until they are completed.
(5) PixelPact issues a credit note (Gutschrift) within the meaning of German VAT law (Section 14 UStG) for each payout. The Streamer is deemed to accept the credit note unless they object to an incorrect amount or content within 14 days of electronic delivery. The statutory right of objection remains unaffected.
(6) The Streamer is responsible for the correct taxation of their income. PixelPact does not provide tax advice.
(7) Older balances: Balances from earnings that are older than 12 months at the time of the payout request are subject to a separate review before payout (in particular for subsequent invalidations and settlement errors) and are disbursed in the next following payout run. The Streamer’s claim to compensation remains unaffected; no forfeiture takes place.
§ 8 Click manipulation and invalid traffic
(1) Streamers undertake not to fake clicks on the Platform’s advertising links or have third parties fake them. Prohibited in particular are self-clicks, soliciting or instructing third parties to click (e.g. friends, moderators, community members), and tolerating noticeably coordinated click activity in the Streamer’s own chat.
(2) PixelPact reserves the right to use automated procedures to check clicks for invalid traffic within the meaning of the MRC/IAB standards (in particular coordinated click farms, cookie rotation, automated click behaviour). Clicks identified as invalid are retroactively voided; no compensation is paid for them. Already-credited compensation for clicks that are later identified as invalid is debited from the Streamer’s wallet.
(3) In the event of repeated occurrence of invalid traffic (two confirmed incidents within seven days), the Streamer’s account is initially excluded from new campaign deliveries for seven days. In the event of further incidents, the suspension is extended to thirty days and, ultimately, to an indefinite period. The Streamer is informed of every suspension by email and may object to the assessment within fourteen days.
(4) Verified and outstanding compensation from the period before suspension or termination is paid out in the next regular payout cycle. No withholding as contractual penalty takes place.
§ 9 Customer creatives and indemnification in favour of the Streamer
(1) All creatives originate from the advertising customers. PixelPact only performs a formal review; no substantive check of legality is carried out.
(2) If third parties assert claims against the Streamer based on a creative assigned by PixelPact (in particular for copyright, trademark, competition or personality rights infringements), the Streamer shall notify PixelPact without undue delay and conduct any further defence in coordination with PixelPact. PixelPact will enforce the indemnification owed by the customer under its customer terms and will reasonably support the Streamer where the claim is justified.
§ 10 Notice-and-action, moderation
(1) Notices of allegedly illegal content can be submitted at any time to hello@pixelpact.de. PixelPact reviews such notices pursuant to Art. 16 DSA and decides on appropriate measures within a reasonable period (e.g. removal or blocking of a creative, suspension of a campaign, suspension of an account). The decision is communicated with reasons to the notifier and the affected Streamer or customer pursuant to Art. 17 DSA.
(2) The Streamer may lodge a complaint against decisions within six months (Art. 20 DSA). The complaint must be addressed to hello@pixelpact.de.
§ 11 Suspension and termination
(1) PixelPact may wholly or partially suspend the Streamer account where there is concrete evidence of a serious breach of these Terms, statutory provisions or the terms of use of the connected streaming platform. The Streamer will be informed about the measure without undue delay unless a legal obligation exceptionally prohibits this.
(2) The contract is concluded for an indefinite period. Both parties may terminate the contract in text form at any time with 30 days’ notice to the end of the month. The Streamer may also terminate without formality by deleting the Streamer account in the dashboard.
(3) The right of either party to extraordinary termination for good cause remains unaffected. Good cause for PixelPact exists in particular in the case of serious or repeated breaches of § 4 (obligations), § 5 (exclusivity) or § 9 (content), manipulation of impression counts (in particular through unflagged reruns, the operation of 24/7 VOD/playlist channels under the Streamer account or passing off pre-recorded content as a live stream), payment default on a claim under § 6(5) and the Streamer’s insolvency.
(4) Any remaining balances after termination are paid out upon completion of reconciliation. Data that must be retained under Sections 147 AO and 257 HGB remain stored.
(5) Special termination for non-activated accounts. If, after registration, the Streamer account is not fully set up (in particular: completion of the profile, linking of the Twitch account and — depending on the intended use — configuration of the OBS browser source and/or connection of a chatbot with moderator status), and the Streamer remains inactive despite at least two reminders in text form, PixelPact is entitled to delete the account without further notice after a final 30-day grace period has elapsed. The reminder and warning emails previously sent constitute the advance notice in text form within the meaning of paragraph 2. Any outstanding Streamer balance is paid out in accordance with paragraph 4 prior to deletion.
§ 12 Warranty and liability
(1) PixelPact is liable for defects of the platform under statutory provisions unless otherwise stipulated below.
(2) PixelPact is liable without limitation for intent and gross negligence, for damages arising from injury to life, body or health, for claims under the German Product Liability Act and where a guarantee has been given.
(3) For simple negligence PixelPact is liable only for the breach of an essential contractual duty (“cardinal duty”), i.e. a duty whose fulfilment is essential for the proper performance of the contract and on whose observance the Streamer may regularly rely. In such cases liability is limited to the contract-typical, foreseeable damage, capped at EUR 10,000 per event of damage and EUR 25,000 per calendar year.
(4) Liability for indirect damages, loss of profit, reputational damages and other consequential damages is excluded for simple negligence (outside of injury to life, body or health).
(5) Liability for loss of data is limited to the typical recovery effort that would have occurred even in the case of regular and appropriate data backups by the Streamer.
(6) PixelPact is not liable for outages caused by force majeure, third-party attacks on the infrastructure or outages at third-party providers (in particular Twitch, Kick, YouTube, Discord, TikTok, Meta/Instagram, Cloudflare, IONOS, OpenAI, Resend, PayPal, Stripe) insofar as PixelPact is not responsible for such outages.
(7) Claims against PixelPact arising from the contractual relationship become statute-barred twelve months after the claimant gains knowledge (or grossly negligent ignorance) of the claim and the person of the damaging party, but at the latest three years after the claim arose. Statutory limitation periods for intent, gross negligence, injury to life, body or health and for claims under the German Product Liability Act remain unaffected.
§ 13 Data protection
The processing of personal data is governed by PixelPact’s Privacy Policy.
§ 14 Final provisions
(1) The laws of the Federal Republic of Germany apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms — insofar as the Streamer is a merchant, a legal person under public law or a special fund under public law or has no general place of jurisdiction in Germany — is Dortmund, Germany.
(3) Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
(4) Unless expressly provided otherwise in these Terms, communications between the parties are in text form (in particular by email to the addresses on file).