Version: 2026-10 · Effective date: 12 October 2026
This agreement is between data broker s.r.o., with its registered office at Jaurisova 515/4, 140 00 Praha, Czech Republic, Company ID (IČ) 14073757, VAT ID (DIČ) CZ14073757, registered in the Commercial Register kept by the Municipal Court in Prague, operator of ASMR Market ("we", "us"), and you, the creator who opens a shop on ASMR Market ("you"). You accept it when you submit your shop for review or when you accept a new version in Creator Studio. We store the version, the date and time and the IP address of your acceptance.
1. How ASMR Market works
We sell every item on ASMR Market in our own name and on our own account (we are the merchant of record). Buyers enter into a contract with us, not with you. You are named as the artist of each work. In return for the licence below, we pay you a royalty from every sale. You keep the copyright to everything you record.
2. The licence you give us
- You grant us a non-exclusive, worldwide licence, for as long as this agreement lasts, to store, reproduce, encode, make available, sell and distribute the sounds, videos, cover images and texts you upload ("works").
- You grant us the right to sublicense the works to buyers under the licence they choose: Personal, Creator or Commercial, as described in the licensing terms, and to stream them to members of your Circle. Creator and Commercial licences are offered only where you enable them for an item.
- Non-exclusive means you may sell or publish the same works anywhere else.
- Licences sublicensed to buyers are perpetual and survive the end of this agreement and the withdrawal of an item.
- The licence is granted for the royalties set out in section 4; no other fee is due to you for it.
3. Promotion and previews
You allow us to use your shop name, profile, cover images, short excerpts and free previews of up to 60 seconds of each work to present and promote your shop and ASMR Market, on the site, in emails, in search engines and on social media. We create previews, waveforms and covers automatically. We do not use your works to train AI models and we do not sell them to third parties other than buyers.
4. Royalties
Your royalty is a percentage of the net amount of each sale: the price paid by the buyer minus VAT or sales tax and the payment processing fee. The percentage depends on your plan at the time of the sale:
- Starter: 80 % royalty.
- Pro: 90 % royalty.
- Studio: 93 % royalty.
- Founding creators on Pro: 92 % royalty for life, unless your plan gives you more.
- Sales through your own link (your shop link with your referral code, within 30 days of the click): 95 % royalty, regardless of plan.
The same rules apply to Circle memberships and accepted custom requests. Monthly fees for paid plans are deducted from your royalties. We may change the plans and percentages for the future with at least 30 days' notice; changes never apply to sales already made.
5. Refunds and chargebacks
We decide refunds under our refund policy and consumer law. If a sale is refunded or charged back, the royalty for that sale is reversed (clawed back) and deducted from your balance, even if it was already paid out. A negative balance is offset against future royalties; if it remains unpaid for 90 days after the end of this agreement, you must pay it to us on request. In cases of fraud or repeated chargebacks caused by your content, we may also pass on chargeback fees.
6. Holding period and payouts
- Each royalty is held for 14 days after the sale to cover refunds. After that it becomes available. Royalties from custom requests become available when the request is completed.
- We pay available balances weekly once they reach the minimum payout of $20. Smaller balances roll over.
- Payouts are sent through Stripe Connect (Stripe Payments Europe Ltd.) to the account you connect. You must complete Stripe's identity checks and accept Stripe's terms for connected accounts.
- Payouts require that you have accepted the current version of this agreement and filled in and confirmed your tax details in Creator Studio.
- We may hold payouts while we investigate a suspected breach of this agreement, fraud or a rights claim, for as long as reasonably necessary. We tell you why.
7. Self-billing agreement
You agree that we issue the accounting documents for your royalties on your behalf (self-billing), and we accept this obligation. Every month we issue a royalty statement for you, available in Creator Studio under Earnings, which lists the royalties, refunds, fees, withheld tax and payouts of that month and serves as the document for our purchase of the licence. You agree not to issue your own invoices for the same royalties.
- If you are registered for VAT, you must tell us your VAT ID and keep it up to date. The statement then shows Czech VAT or, for creators registered for VAT in another country, the reverse charge note ("reverse charge"), as the law requires.
- If you are not registered for VAT, the statement shows no VAT. You must tell us without delay if your VAT status changes.
- You must check each statement and tell us about errors within 30 days; otherwise it is deemed accepted. We correct confirmed errors in the next statement.
- Either party may end self-billing with 30 days' notice, which also ends this agreement unless we agree on another way of invoicing.
8. Your rights and the content rules
- You confirm that you are at least 18 years old and that you recorded the works yourself or hold all rights needed to grant this licence, including rights of performers, people whose voices appear, music and sound samples.
- You confirm that the works do not infringe copyright, trademarks, personality rights, privacy or other rights of third parties.
- You confirm that no work uses AI-generated or AI-cloned voices or sounds presented as a human recording; any AI-generated elements must be clearly disclosed.
- Your works must follow the community guidelines: strictly safe for work, no sexual or fetish content, honest tags and warnings for sudden or loud sounds.
- You will indemnify us against third-party claims, costs and fines that arise because a work breaches these promises, to the extent permitted by law.
9. Moderation, takedown and the Digital Services Act
We review new creators' first items before they go live, carry out spot checks and handle reports under the notice and action procedure described in the community guidelines. We may refuse, unlist, restrict or remove works, remove badges, hold payouts, or suspend or close your shop where a work or your conduct breaches this agreement, the guidelines or the law, or after a credible rights claim. We do so diligently, objectively and proportionately, and we send you a statement of reasons. You can appeal within six months through our internal complaint system, and you may also use a certified out-of-court dispute settlement body under the Digital Services Act or go to court. We remove works without undue delay after a valid copyright notice, and we close the shops of repeat infringers.
10. Custom requests
If you accept custom requests, you set your minimum price, delivery time and rules. When you accept a request and the buyer pays, you commit to deliver the agreed work by the agreed date and to provide the included revision. The buyer pays us; your royalty for the request is calculated as in section 4 and is held until the request is completed. If you do not deliver within 3 days after the agreed date, the buyer may cancel and receive a full refund, and no royalty is due; the same applies if the request is otherwise refunded. A custom work is made for the buyer's private use and is delivered only to their library. Personal details buyers share in a request (for example a first name to say) may only be used to fulfil that request, must be kept confidential and must not be kept longer than needed. You may reuse a generic version of a custom work, without any personal details, only if the buyer allowed it in the request.
11. Withdrawing items
You may unlist or delete any item at any time. It is then no longer sold. Licences already sold remain valid, and buyers keep access to items in their library, so we keep the files needed for that. Royalties already earned are not affected.
12. Term and termination
This agreement lasts for an indefinite period. You may end it at any time by closing your shop or contacting us. We may end it with 30 days' notice, or immediately for a serious breach (for example infringing content, fraud or repeated breaches of the guidelines); we give you the reasons. After termination we stop selling your works, pay out the remaining available balance after the holding period, minus any clawbacks and withheld tax, and keep the files needed to serve existing buyers. Sections 2 (licences already granted), 5, 7, 8, 13, 14 and 17 survive.
13. Taxes
- We charge and pay the VAT or sales tax on sales to buyers.
- You are responsible for your own income tax and social contributions in your country and, if you are a VAT payer, for VAT on your supplies to us.
- Royalties paid to individuals who are not tax resident in the Czech Republic are licence fees subject to Czech withholding tax under section 36 of the Czech Income Tax Act: currently 15 %, or 35 % for residents of countries with which the Czech Republic has neither a double tax treaty nor an agreement on the exchange of tax information. The applicable double tax treaty may reduce the rate if you upload a valid certificate of tax residence in Creator Studio before the payout. We deduct the withheld tax from your royalty, pay it to the Czech tax authority and, on request, give you a confirmation of the tax withheld.
- US persons provide a form W-9, others a form W-8BEN or W-8BEN-E, when our payment partner asks for it.
- You must keep your tax details in Creator Studio accurate and complete and tell us about changes without delay. Each year we provide a yearly royalty statement.
14. Personal data
We process your personal data as described in our privacy policy. Your verification clip is used only for verification and deleted after review. Buyer data you receive through custom requests may be used only to fulfil the request.
15. Liability
We run ASMR Market with reasonable care but do not guarantee any level of sales or uninterrupted availability. To the extent permitted by law, our liability is limited to the royalties paid to you in the 12 months before the claim, and we are not liable for indirect loss or lost profit. Nothing limits liability for harm to life or health, or for damage caused intentionally or by gross negligence.
16. Changes to this agreement
We may update this agreement. We will tell you at least 30 days before material changes take effect and ask you to accept the new version in Creator Studio. Until you accept, your shop keeps selling, but payouts are on hold. If you do not agree, you may end the agreement before the changes take effect.
17. Governing law and courts
This agreement is governed by Czech law, in particular the Czech Civil Code. Disputes between us are decided by the courts in Prague, Czech Republic, with the competent court determined under Czech procedural law. If you enter into this agreement as a consumer, this does not deprive you of the protection of mandatory rules of the country where you live or of your right to sue in its courts.
Contact: data broker s.r.o., Jaurisova 515/4, 140 00 Praha, Czech Republic, [email protected]. We communicate in English and Czech.