General terms and conditions (GTC)

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

As of: 29 March 2026

§ 1 Scope

  1. These general terms and conditions (hereinafter “GTC”) apply to the use of the web-based platform “Notenarchiv” (hereinafter “Service”) by clubs, orchestras and other organisations (hereinafter “Customer”).
  2. The Service is aimed exclusively at legal persons, partnerships and entrepreneurs within the meaning of § 14 BGB. Use by consumers within the meaning of § 13 BGB is not intended.
  3. 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

  1. The provider makes a cloud-based software-as-a-service platform (SaaS) for managing sheet music (PDFs) available to the Customer.
  2. The scope of services depends on the plan chosen by the Customer. The current plans with their respective storage limits and features can be viewed on the registration page.
  3. The provider reserves the right to further develop and improve the Service technically, provided this does not substantially restrict the contractually owed scope of functions.

§ 3 Conclusion of contract and registration

  1. The contract is concluded through the Customer’s registration on the platform and confirmation of these GTC.
  2. The person named at registration acts as the authorised representative of the Customer (club). The Customer is obliged to provide truthful information.
  3. The provider reserves the right to reject registrations without giving reasons.

§ 4 Free trial

  1. New customers receive a free trial of 60 days from registration.
  2. During the trial, the full range of functions of the chosen plan is available.
  3. The trial ends automatically after the 60 days have elapsed. No cancellation is required.
  4. After the trial ends, access to the Service is deactivated until a paid subscription is concluded. The Customer’s data is stored for a further 90 days.
  5. No automatic payment obligation arises after the trial ends.

§ 5 Subscription and prices

  1. After the trial ends, the Customer can conclude a paid subscription.
  2. Billing takes place monthly or annually, depending on the chosen billing period.
  3. All stated prices are gross prices including the respective applicable statutory VAT.
  4. The current prices can be viewed on the platform. Price changes are communicated to the Customer in writing (by email) at least 4 weeks before they take effect.
  5. In the event of price increases, the Customer has a special right of termination at the time the price increase takes effect.

§ 6 Payment

  1. Payment is made by bank transfer to the account specified by the provider.
  2. Invoices are sent by email to the stored contact email address.
  3. Invoices are due within 14 days of issue.
  4. In the event of late payment, the provider reserves the right to temporarily block access to the Service after a grace period of 14 days. The Customer’s data is not deleted as a result of the block.

§ 7 Termination

  1. The subscription can be terminated by the Customer at any time, effective at the end of the current billing period.
  2. Termination can be carried out via the platform or by email to the provider.
  3. After the contract ends, the Customer’s data remains available for download for 30 days. After this period has elapsed, the data is irreversibly deleted.
  4. The provider may terminate the contractual relationship with a notice period of 3 months to the end of the month. In this case, the Customer will be informed in good time and will be given sufficient time to export their data.

§ 8 Availability

  1. The provider endeavours to achieve an availability of the Service of 99 % on an annual average. However, this is not a guaranteed commitment.
  2. Scheduled maintenance work is carried out outside the usual business hours where possible and is announced to the Customer in advance.
  3. 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.

§ 9 Data backup and exclusion of liability in the event of data loss

  1. The Customer is responsible for the regular backup of their own data. The provider recommends keeping your own copies of all uploaded files.
  2. The provider carries out regular backups of the platform data. These backups serve exclusively for operational security and do not give rise to any claim by the Customer to data recovery.
  3. The provider gives no guarantee for the availability, integrity or completeness of the stored data. In particular, the provider is not liable for data losses caused by technical disruptions, software errors, cyberattacks, errors at third-party providers (e.g. hosting providers, storage services) or force majeure.
  4. The provider’s liability for data loss is – to the extent legally permissible – limited to cases of intent and gross negligence.
  5. Liability for indirect damage, lost profit or consequential damage from data loss is excluded.

§ 10 General limitation of liability

  1. The provider’s liability for slight negligence is excluded, unless it concerns the breach of essential contractual obligations (cardinal obligations).
  2. In the event of a breach of essential contractual obligations, liability is limited to the foreseeable damage typical of the contract.
  3. The provider’s maximum liability amount is limited to twelve times the monthly net subscription amount of the Customer at the time of the damage-causing event.
  4. The above limitations of liability do not apply to damage arising from injury to life, body or health, nor to intent (§ 309 No. 7 BGB).
  5. The limitations of liability also apply in favour of the provider’s employees, representatives and vicarious agents.

§ 11 Obligations of the Customer

  1. The Customer is obliged to treat their access credentials confidentially and to protect them from access by third parties.
  2. The Customer is responsible for the legality 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 a corresponding licence.
  3. The Customer indemnifies the provider against all third-party claims arising from unlawful use of the Service by the Customer or from the infringement of third-party rights.
  4. The Customer may not use the Service abusively, in particular not for storing or distributing unlawful content.

§ 12 Confidentiality and data protection

  1. The provider processes the personal data of the Customer and its members in accordance with the privacy policy and in compliance with the GDPR.
  2. Insofar as the provider processes personal data on behalf of the Customer, a data processing agreement pursuant to Art. 28 GDPR will be concluded upon request.

§ 13 Changes to the GTC

  1. The provider reserves the right to change these GTC with effect for the future.
  2. Changes are communicated to the Customer by email or via the platform.
  3. If the Customer does not object to the changed GTC within 4 weeks of receipt of the notification, the changed GTC are deemed accepted. This legal consequence will be specially pointed out in the notification.
  4. In the event of an objection, both parties have a special right of termination.

§ 14 Final provisions

  1. The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. The place of jurisdiction for all disputes arising from this contract is – provided the Customer is a merchant, a legal entity under public law or a special fund under public law – the registered office of the provider.
  3. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.