General terms and conditions (GTC)

The German version of this document is legally binding. This translation is provided for convenience only.

As of: 5 October 2026

§ 1 Scope and customer groups

These general terms and conditions (hereinafter “GTC”) apply to all contracts for the use of the web-based platform and the mobile apps “Notenarchiv” (hereinafter “Service”) between Yannick Stein, Auf’m Bruch 6, 59929 Brilon, Germany (hereinafter “Provider”) and the customer.
The Service is aimed at two groups of customers:
- Organisation customers: music clubs, orchestras, ensembles and other organisations that use the Service for their members. They act as entrepreneurs within the meaning of § 14 BGB (German Civil Code), as legal entities or as partnerships.
- Consumers: natural persons who use a personal sheet music archive for purposes that are predominantly outside their trade, business or profession (§ 13 BGB).
Provisions that apply to only one of the two groups are marked accordingly. For consumers, the statutory provisions on contracts for digital products (§§ 327 et seq. BGB) apply in addition; these GTC do not deviate from them to the consumer’s detriment.
Deviating terms and conditions of the customer do not become part of the contract, even if the Provider does not expressly object to them.

§ 2 Description of services

The Provider makes a cloud-based software-as-a-service platform (SaaS) for managing sheet music (PDF) available to the customer – in the browser and via apps for iOS and Android.
The scope of services depends on the plan selected. The current plans with storage, member limits and features can be viewed on the Provider’s website and in the subscription area of the platform.
Features marked “beta” are in trial. The customer enables them in the settings; the Provider may change or discontinue them. Paragraph 4 remains unaffected.
The Provider may further develop, improve and adapt the Service to the state of the art, provided this does not materially restrict the contractually owed scope of features. Towards consumers, § 327r BGB applies to changes that go beyond what is necessary to maintain conformity with the contract: they are made only for a valid reason (such as adaptation to a new technical environment, security reasons, changes in the law or increased user numbers), do not cause the consumer any additional costs and are announced to the consumer in advance in text form. If a change impairs access to or the usability of the Service more than insignificantly, the consumer may terminate the contract free of charge within 30 days of receiving the information.
Use of the apps requires a compatible device and obtaining the app via the App Store or Google Play; the terms of the respective store operator apply in addition.

§ 3 Conclusion of contract and registration

The contract is concluded when the customer completes the registration form on the platform, confirms these GTC and submits the registration. The Provider accepts the offer by activating access by email.
The customer can correct their entries at any time before submitting. The Provider stores the contract text; the version of these GTC in force at the time of conclusion is sent to the customer with the confirmation email and can be accessed at any time at notenarchiv.com/agb. The contract language is German; translations are for information only.
Organisation customers: The person acting during registration declares that they are authorised to represent the organisation. The customer is obliged to provide truthful information.
Consumers: The personal sheet music archive may only be used for the consumer’s own, non-commercial purposes. Use for a club or any other organisation and passing on access to third parties are not permitted; an organisation account must be concluded for this.
The Provider reserves the right to refuse registrations without giving reasons.

§ 3a Scope of use: one subscription per organisation (organisation customers only)

A subscription applies to exactly one customer, i.e. one club or organisation as a legal entity. It may be used by the customer’s members, its ensembles and sections (e.g. youth band, dance band, committee) and individually invited persons such as stand-ins, guest conductors or event organisers.
Use of one account by further, legally independent clubs or organisations is not permitted. Joint bands of several clubs and customers with several clubs receive separate terms on request.
The Provider may check compliance with this rule using the data that arises in the Service anyway, in particular the number of active members and the bands named in music reports. If there are indications of shared use by third parties, the Provider will first contact the customer and give them the opportunity to comment.
If the customer continues impermissible shared use after being notified, the Provider may charge the fee of the plan booked by the customer for each additional club or terminate the contract for good cause after an unsuccessful warning. § 7 (5) (data export) applies accordingly.

§ 4 Free trial

New organisation customers receive a free trial of 60 days from registration.
During the trial, the full range of features of the selected plan is available.
The trial ends automatically after 60 days. No cancellation is required; no payment obligation arises.
After the trial ends, access to the Service is deactivated until a paid subscription is taken out. The customer’s data is stored for a further 90 days and then deleted.
Whether and to what extent a trial or a free plan applies to the personal sheet music archive is shown at registration. Paragraphs 2 to 4 then apply accordingly.

§ 4a Right of withdrawal for consumers

Consumers have the following statutory right of withdrawal for contracts concluded exclusively by means of distance communication.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Yannick Stein, Auf’m Bruch 6, 59929 Brilon, Germany, email: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

End of the instructions on withdrawal

Notes: No compensation is due during a free trial. If you take out a paid subscription after the trial, the withdrawal period for that subscription begins when it is concluded. The model withdrawal form can be found at the end of these GTC.

§ 5 Subscription, plans and prices

After the trial ends, the customer may take out a paid subscription. This is done in the subscription area of the platform.
Billing is monthly or yearly, depending on the billing period selected.
All prices stated are gross prices including the applicable statutory VAT.
Member tiers (organisation customers): Plans for organisation customers are tiered by the number of active members. A member is active if they have used the Service in the browser or in the app within the last 90 days. Each tier states an upper limit of active members. Once it is reached, no further members can be added until the customer moves up to the next tier; existing members are not excluded. Switching to another tier is possible in the subscription area; the billing of the switch is shown there before confirmation.
The current prices can be viewed on the website and on the platform. The Provider notifies the customer of price changes at least six weeks before they take effect in text form (by email). In the event of a price increase, the customer may terminate the contract as of the date the increase takes effect; the Provider points this out in the notification.
Towards consumers, a price increase only takes effect with their express consent. If the consumer does not consent, the previous price continues to apply; the Provider’s right of ordinary termination under § 7 (6) remains unaffected.

§ 6 Payment

At the customer’s choice, payment is made by invoice and bank transfer, by card, SEPA direct debit, Apple Pay or Google Pay via the payment provider Stripe, or – in the iOS and Android app – as an in-app purchase via the App Store or Google Play. The subscription area shows which payment methods are offered.
For payment by invoice, invoices are sent by email to the contact email address on file and are due within 14 days of the invoice date.
For card payment and direct debit, the fee is collected at the beginning of each billing period; the subscription renews for the selected billing period until cancelled, for consumers subject to § 7 (2).
For in-app purchases, the terms of Apple or Google apply in addition. Such subscriptions are managed, renewed and cancelled via the account with the respective store; refunds follow its rules.
In the event of late payment, the Provider may restrict access to the Service to a read-only mode after a grace period of 14 days until the outstanding amount has been paid. The customer’s data is not deleted as a result.

The Provider may offer a referral programme. Only organisation customers with a subscription may participate; personal sheet music archives are excluded.
Each participating club receives a referral code or link. A referral is created when a new club registers using this code. A code can only be entered at registration; subsequent assignment is at the Provider’s discretion.
The conditions for the referral bonus are that (a) the referred club has paid its first invoice with an amount greater than €0, (b) this happens within the period set by the Provider after registration and (c) the referred club’s subscription is still running and has not been cancelled after the waiting period. The current periods and the amount of the bonus are displayed in the subscription area of the platform.
The bonus is credited to both clubs and offset exclusively against future fees for the Service (discount on the respective invoice). Cash payment, transfer to third parties or offsetting against other claims is excluded.
Credit expires 24 months after it is granted if it has not been used up by then, and when the contract ends.
Only a limited number of referrals per referring club is rewarded within 12 months; beyond that, only the referred club receives its bonus.
Referrals between economically identical customers (in particular the same payer, the same billing address or tax number) are excluded. If there are indications of abuse, the Provider may review or reject a referral or revoke a bonus already granted.
The referring club sees the name of the referred club, the registration date and the status of the referral, but no personal data or amounts of the referred club.
The Provider may change or end the programme and its conditions at any time with effect for the future. Credit already earned remains unaffected.

§ 7 Term and termination

A monthly subscription can be cancelled by the customer at any time with effect from the end of the current billing month, a yearly subscription with effect from the end of the current billing year.
Consumers: A yearly subscription is extended for an indefinite period after the first year has elapsed and can then be cancelled at any time with one month’s notice. Fees already paid for the period after the end of the contract are refunded.
Cancellation can be declared via the cancellation button in the subscription area of the platform or by email to the Provider. The Provider confirms receipt of the cancellation in text form. In-app subscriptions are cancelled in the subscription settings of your App Store or Google account.
The right of both parties to extraordinary termination for good cause remains unaffected.
After the contract ends, the customer’s data remains available for download for 30 days. After this period, the data is irrevocably deleted.
The Provider may terminate the contract with three months’ notice to the end of a month. In this case, the customer is informed in good time and given sufficient time to export their data; fees paid in advance for the period after the end of the contract are refunded.

§ 8 Availability

The Provider aims to achieve an availability of the Service of 99 % on an annual average. However, this is not a guaranteed commitment.
Planned maintenance work is carried out outside the usual hours of use where possible and announced to the customer in advance.
The Provider is not liable for outages caused by force majeure, disruptions at third-party providers (e.g. hosting providers, internet providers) or circumstances for which the customer is responsible. Towards consumers, the statutory rights in the event of defects of the digital product remain unaffected.

§ 9 Data backup and data loss

The customer is responsible for backing up their data regularly. The Provider recommends keeping their own copies of all uploaded files.
The Provider performs regular backups of the platform data. These backups serve operational security and do not entitle the customer to the restoration of individual data.
Organisation customers: The Provider gives no guarantee for the availability, integrity or completeness of the stored data. Liability for data loss is governed by § 10; it is furthermore excluded to the extent that the loss could have been avoided by proper data backup on the part of the customer.
Consumers: The statutory rights in the event of defects of the digital product (§§ 327 et seq. BGB) and the liability provisions in § 10 apply.

§ 10 Liability

The Provider is liable without limitation for damage resulting from injury to life, body or health, in cases of intent and gross negligence, under the Product Liability Act and to the extent of a guarantee it has given.
In the event of a slightly negligent breach of a material contractual obligation – an obligation whose fulfilment is essential for the proper performance of the contract and on whose observance the customer may regularly rely – liability is limited to the foreseeable damage typical of the contract. Otherwise, liability for slight negligence is excluded.
Organisation customers: Liability under paragraph 2 is limited per contract year to twelve times the customer’s monthly net subscription fee; liability for lost profit and indirect damage is excluded in these cases.
The limitations of liability also apply in favour of the Provider’s employees, representatives and vicarious agents.

§ 11 Obligations of the customer

The customer is obliged to keep their access data confidential and to protect it from access by third parties.
The customer is responsible for the lawfulness of the uploaded content. They ensure that they hold the necessary rights (in particular copyrights) to the uploaded sheet music or that its use is covered by an appropriate licence. Note: Under § 53 (4) UrhG (German Copyright Act), graphic recordings of musical works may generally only be reproduced with the consent of the rights holder; this also applies to private users.
The customer indemnifies the Provider against all claims by third parties arising from unlawful use of the Service by the customer or from the infringement of third-party rights.
The customer may not misuse the Service, in particular not for storing or distributing unlawful content.

§ 12 Data protection

The Provider processes personal data of the customer and its members in accordance with the privacy policy and in compliance with the GDPR.
Organisation customers: Where the Provider processes personal data on behalf of the customer, a data processing agreement pursuant to Art. 28 GDPR is concluded on request.

§ 13 Changes to the GTC

The Provider may change these GTC with effect for the future if there is a valid reason for doing so – in particular a change in the law or case law, an extension or change of the Service or a gap in the provisions – and the change is reasonable for the customer.
Changes are communicated to the customer at least six weeks before they take effect by email or via the platform. The notification highlights the changes and points out the right to object and the consequences of silence.
If the customer does not object before the changes take effect, the amended GTC are deemed accepted. Towards consumers, this does not apply to changes affecting the relationship between performance and consideration (in particular prices and main contractual obligations); such changes require the consumer’s express consent.
If the customer objects, both parties have a special right of termination as of the date the changes take effect; until then, the previous GTC continue to apply.

§ 14 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state in which they have their habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the Provider’s registered office. For consumers, the statutory places of jurisdiction apply.
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.

Annex: Model withdrawal form

If you want to withdraw from the contract, please fill in this form and send it back.

To: Yannick Stein, Auf’m Bruch 6, 59929 Brilon, Germany, email: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: Notenarchiv, plan __________
Ordered on (*)/received on (*): __________
Name of consumer(s): __________
Address of consumer(s): __________
Signature of consumer(s) (only if this form is notified on paper)
Date: __________

(*) Delete as appropriate.