Terms of Service

Beat Marker — conditions of use

The German version at beatmarker.app/agb is the legally binding reference. This English translation is for convenience.

1. Scope, contracting parties

These terms govern the contractual relationship between [TO BE FILLED IN: full name], [TO BE FILLED IN: address], Austria (the "Provider") and the person who creates an account or otherwise uses the platform (the "User"). Conflicting terms of the User do not become part of the contract unless the Provider agrees in writing.

2. Description of service

The Provider operates a web-based platform at beatmarker.app that allows Users to upload audio files (mixes, bounces), annotate them with time-coded markers (text and voice notes), compare versions, and share them with reviewers via links. The exact feature set is the one described on the website at the relevant time.

There is no entitlement to specific features or to the retention of any particular feature for the full term of the contract. The Provider may adjust the feature set as long as the core purpose (collaborative audio review) is preserved.

3. Account and registration

A free account is required. Registration details must be truthful. Users must keep their password confidential and notify the Provider immediately if they suspect unauthorized access. Each account is for a single person; sharing of credentials is not permitted.

Reviewers do not need an account: they can access a track via a share link provided by the User and leave markers, attributed to the alias encoded in that link.

4. User obligations and permitted content

The User undertakes not to upload content that:

• infringes the rights of third parties, in particular copyright, trademark, or personality rights,
• violates applicable law (including pornography, incitement to violence, Nazi re-engagement, or personal data of third parties without permission),
• contains malware, executable code, or manipulated media files,
• disproportionately burdens the platform infrastructure or impairs legitimate use by others.

The Provider may block or delete content without prior notice where a reasonable suspicion of unlawful content exists, and may terminate the account in case of repeated or serious violations.

5. Rights in uploaded content

The User retains all rights in their uploaded audio files, cover artworks, and other content. The User grants the Provider only the rights necessary for operating the service — a simple licence, limited to the duration of the contract and to the locations required for service delivery (storage, playback to authorized recipients, generation of waveform visualisations, transcoding to browser-compatible formats, transmission of voice notes to the transcription processor).

Beyond that, the Provider acquires no exploitation rights and, in particular, does not use the content for marketing, training of AI models, or disclosure to third parties (other than processors named in the privacy policy).

6. Pricing, payment, subscription

Basic use of Beat Marker is free in the scope described on the website at the relevant time. Paid feature plans are offered on a subscription basis; the current price and scope are shown during checkout.

Payment processing runs through Stripe. The User authorises the Provider to debit the agreed amounts via the stored payment method at each billing date. In case of payment default, the Provider may suspend paid features until the amount is settled.

Unless stated otherwise, all prices include statutory VAT where the Provider is liable for VAT, or are quoted plus the applicable VAT, depending on the User's residence and the applicable tax regime (in particular the OSS scheme for B2C in the EU).

7. Right of withdrawal for consumers

Consumers under § 1 KSchG who conclude a distance contract have the right under § 11 of the Austrian Distance and Off-Premises Contracts Act (FAGG) to withdraw from the contract within fourteen days without giving any reason. The period starts on the day the contract is concluded. To meet the deadline it is sufficient to send the notice of withdrawal in time to contact@beatmarker.app.

Early start of the service: If the Consumer explicitly requests that the paid service begins during the withdrawal period and confirms that they are aware that the right of withdrawal lapses once the service is fully performed (§ 18(1)(1) FAGG), the right of withdrawal expires upon full performance. For partial use during the withdrawal period the Consumer must pay a proportionate amount for the service already rendered.

Consequences of withdrawal: In the event of a valid withdrawal, payments already received will be refunded without delay, at the latest within fourteen days, using the same means of payment.

8. Term and termination

The contract is concluded for an indefinite term. The User may close their account at any time without notice via the account settings or by email. For paid subscriptions, the term agreed at checkout applies; it ends at the next regular date after termination. Amounts already paid will not be pro-rated unless required by law.

The Provider may terminate the contract on 30 days' notice to the end of a month, and for cause in case of serious violations of these terms.

9. Availability, beta status

Beat Marker is under active development. The Provider aims for high availability but does not guarantee any specific uptime (no SLA). Maintenance windows, updates, and unforeseen outages may cause temporary interruptions.

Users must keep their own backups of uploaded audio. The Provider performs backups to industry standards but does not guarantee restoration of individual files in the event of damage.

10. Liability

The Provider is liable without limitation for damages arising from injury to life, body, or health and for intent or gross negligence. For slight negligence, the Provider is liable only for breach of essential contractual obligations (cardinal duties) and limited in amount to the foreseeable damage typical for the contract.

Liability for indirect damages, lost profits, data loss, financial losses, and consequential damages is excluded for slight negligence to the extent permitted by law. These limitations do not apply to Consumers under the Austrian Consumer Protection Act (KSchG) to the extent mandatory law provides otherwise.

11. Changes to these terms

The Provider may adjust these terms when this is necessary for technical, legal, or economic reasons. Changes will be communicated to the User by email at least 30 days before they take effect. If the User does not object within that period, the changed terms are deemed accepted; the notice will explicitly point out this consequence. If the User objects, the Provider may terminate the contract with effect from the date the change would have taken effect.

12. Final provisions

• Governing law: Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. For contracts with Consumers, mandatory consumer-protection rules at the Consumer's place of residence remain unaffected.
• Place of jurisdiction: For disputes with businesses, the courts at the Provider's seat in Austria have exclusive jurisdiction. For Consumers, the statutory consumer venues apply.
• Severability: Should any provision be or become invalid or unenforceable, the remaining provisions remain in force. The invalid provision shall be replaced by a valid provision that comes closest to the intended economic result.

Last updated: [TO BE FILLED IN: Month YYYY]