Terms of Service

1. Provider and Scope

These Terms of Service (the "Terms") govern the use of the software and services "Beatfloe" (the "Software" or "Service") provided by Fabian Kunz, trading as "Arctic Beats", Schmittmannstr. 10, 50935 Köln, Germany, email info@beatfloe.com (hereinafter the "Provider", "we", or "us"), via the website beatfloe.com and the associated desktop application for Windows and macOS.

These Terms apply both to consumers (§ 13 BGB) and to entrepreneurs (§ 14 BGB). Any deviating, conflicting, or supplementary terms of the user shall only become part of the contract if we have expressly agreed to their application in writing.

The version of these Terms in force at the time the contract is concluded shall apply.

2. Subject Matter and Description of Services

Beatfloe is an all-in-one solution and workflow tool for music producers. In particular, the Service enables the editing of videos and the automated uploading of content to connected third-party channels and platforms, in particular YouTube and BeatStars. The Service consists of a web interface and an associated desktop application.

The Service is provided as a full product and is continuously developed further. New features and updates are added on a regular basis. The specific scope of functions depends on the plan selected at the time of purchase and the description of services on the website as applicable from time to time.

We are entitled to further develop, update, and modify individual functions of the Service, provided this is reasonable for the user and does not substantially impair the core scope of functions owed under the contract.

Connecting to third-party channels and platforms (e.g. YouTube, BeatStars) requires the user to hold the necessary accounts and authorizations with those providers and to comply with their respective terms of use. We have no influence over the availability, scope of functions, interfaces (APIs), or terms of these third parties. If a third party changes or discontinues its interfaces or terms, this may temporarily or permanently limit the corresponding functions of Beatfloe; any such circumstance lies outside our sphere of responsibility.

3. Registration and Conclusion of Contract

Use of the Service requires the creation of a user account. The user is obliged to provide the information requested during registration truthfully and completely and to keep it up to date.

The user is obliged to keep their access credentials confidential and to protect them from access by third parties. The user is liable for all activities carried out through their account, unless they are not responsible for the use.

The contract for the use of a paid plan is concluded upon completion of the order process via the payment service provider named in Section 4.

The user warrants that they are at least 18 years of age and have full legal capacity.

4. Payment Processing via Paddle (Merchant of Record)

Payment processing and the sale of the paid subscriptions are handled by our payment service provider and Merchant of Record. For users outside the USA and Canada, this is Paddle.com Market Ltd, Judd House, 18-29 Mora Street, London, EC1V 8BT, United Kingdom (Company Number 08172165, VAT ID EU372017215), hereinafter "Paddle". For users in the USA, the sale is made via Paddle.com Inc; for users in Canada, via Paddle.com (Canada) Ltd.

Paddle acts as the reseller and "Merchant of Record" for the purchase. This means that the contractual payment transaction is processed between the user and Paddle, and that Paddle is responsible for the collection and remittance of any applicable sales or value-added taxes. In this respect, Paddle's buyer and usage terms apply additionally.

The provision and operation of the Software itself, as well as the granting of the rights of use, are carried out by the Provider in accordance with these Terms.

Invoices are provided by Paddle. Payment methods, billing dates, and the management of the subscription (e.g. changing the payment method, cancelling) are handled via the customer portal provided by Paddle.

5. Prices, Free Trial, Subscription, and Payment

The prices displayed during the order process apply. The subscription is offered as a monthly subscription at a price of EUR 7.99 (for users resident in the European Union) or USD 7.99 (for users outside the European Union) per month, or as a yearly subscription at a price of EUR 79.90 or USD 79.90 per year. The final price displayed at checkout is decisive.

The Provider is a small business within the meaning of § 19 UStG (German VAT Act) and does not show value-added tax. The sale to end customers, as well as the collection and remittance of any applicable sales or value-added taxes, is carried out by Paddle as Merchant of Record (see Section 4); any applicable tax component is shown by Paddle at checkout.

Free trial. The subscription includes a free trial period of fourteen (14) days from conclusion of the contract. If the user does not cancel by the end of the trial period, the subscription automatically converts into a paid subscription and the fee is charged to the payment method on file. The user may end the trial at any time and without giving reasons via the customer portal or their account settings; in this case, no fee is charged.

The fee for the paid subscription is due in advance for the respective billing period. For an ongoing subscription, the fee is automatically charged to the payment method on file at the start of each renewal period.

If a payment fails (e.g. due to insufficient funds), we or Paddle are entitled to suspend access to the Service in whole or in part until payment has been made in full.

6. Term and Cancellation

The paid monthly subscription runs for one month and automatically renews for a further month unless cancelled in due time. The paid yearly subscription runs for twelve (12) months and automatically renews for a further twelve (12) months unless cancelled in due time.

The user may cancel the subscription at any time with effect from the end of the current billing period, in particular via the payment service provider's customer portal or via the account settings. For consumers, the statutory cancellation route (§ 312k BGB) is available for this purpose.

The right to extraordinary termination for good cause remains unaffected for both parties. Good cause for the Provider exists in particular in the event of a serious breach by the user of Section 8.

Upon termination of the contract, access to the paid functions ceases. Information on data storage and deletion is set out in Section 9 and in the Privacy Policy.

7. Right of Withdrawal for Consumers

Consumers have a statutory right of withdrawal in accordance with the following instructions. A consumer is any natural person who concludes the contract for purposes that are predominantly outside their trade, business, or profession.

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Fabian Kunz, Schmittmannstr. 10, 50935 Köln, Germany, email: info@beatfloe.com) of your decision to withdraw from this contract by means of a clear statement (e.g. by email). To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract.

Early expiry of the right of withdrawal (digital services). In the case of contracts for the supply of digital content or digital services, the right of withdrawal expires if (a) you have expressly consented to us beginning performance of the contract before the end of the withdrawal period, (b) you have confirmed your acknowledgment that you lose your right of withdrawal by giving such consent once performance begins, and (c) we have provided you with confirmation of this. This consent is obtained during the order process.

8. Rights of Use and User Obligations

For the term of the contract, the Provider grants the user a simple, non-exclusive, non-transferable, and non-sublicensable right to use the Software within the contractually agreed scope for their own purposes.

The user is not entitled to reproduce the Software (beyond intended use), rent, lend, sell, make it available to third parties, decompile, reverse engineer, or modify it, unless this is mandatorily permitted by law.

The user undertakes not to use the Software unlawfully, in particular not (a) in violation of third-party rights (e.g. copyright, trademark, or personality rights), (b) to distribute unlawful, offensive, or harmful content, (c) to circumvent security measures or usage restrictions, (d) in a manner that impairs the functionality or availability of the Service for third parties (e.g. abusive automation, excessive server load), or (e) in violation of the terms of use of the connected third-party platforms (e.g. YouTube, BeatStars).

Rights to user content. All rights to the content created, uploaded, or edited by the user using Beatfloe (e.g. videos, audio, uploads) remain exclusively with the user or the respective rights holders. The Provider acquires no rights to this content. The Provider processes the content solely to the extent technically necessary to provide the contractually agreed service (in particular editing and uploading). The user is solely responsible for ensuring that they hold the necessary rights to the content they submit.

In the event of a breach of this Section, we are entitled to temporarily suspend access; the right to extraordinary termination under Section 6(3) remains unaffected.

9. Availability, Maintenance, and Data

We endeavor to keep the Service available to the highest possible degree but, outside of express commitments, do not owe any specific availability rate. Maintenance work, disruptions at third parties (e.g. hosting, payment service provider, connected platforms), or events of force majeure may limit availability.

The handling of personal data is governed by our Privacy Policy.

After the end of the contract, the user account and associated data will be deleted in accordance with statutory retention obligations and our Privacy Policy.

10. Warranty and Liability

The statutory warranty provisions apply unless otherwise stipulated in these Terms.

We are liable without limitation (a) for intent and gross negligence, (b) for damages arising from injury to life, body, or health, (c) under the German Product Liability Act, and (d) to the extent of a guarantee assumed by us.

In the event of slightly negligent breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the user may regularly rely), our liability is limited to the foreseeable damage typical for this type of contract.

Otherwise, liability for slight negligence is excluded.

The above limitations of liability also apply in favor of our legal representatives and vicarious agents.

We are liable for the loss of data only to the extent that the user has carried out an appropriate data backup commensurate with the respective data and the damage would have occurred even with a proper backup.

11. Amendments to these Terms

We reserve the right to amend these Terms with effect for the future, provided this is necessary for valid reasons (e.g. changes in the legal situation, adjustments to the scope of functions, technical developments) and does not unreasonably disadvantage the user.

We will inform the user of amendments in good time, at the latest 30 days before they take effect, in text form (e.g. by email). If the user does not object within the stated period, the amendments are deemed accepted; we will point this out separately in the notification. In the event of an objection, both parties are entitled to terminate the contract with effect from the date on which the amendment takes effect.

12. Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence.

If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Essen, Germany.

The European Commission provides a platform for online dispute resolution (ODR). We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.