Operator: Tido Schmidt Address: Alter Postweg 6, 26607 Aurich, Germany Email: tido.schmidt@googlemail.com Website: [Domain]
1. Scope
These Terms of Service govern the use of the Klangly platform at [Domain]. The platform is aimed at musicians, music teachers, producers and creators who offer, sell, buy, download, stream or use digital music products, and at users who buy them.
Digital products offered through the platform may include, in particular: video lessons, courses, tabs, sheet music, PDFs, backing tracks, audio files, MIDI files, presets, impulse responses, drum grooves, play-alongs, song analyses, masterclasses, bundles and other digital music products.
These terms apply to all users, buyers and creators, unless separate Creator Terms are expressly agreed.
2. Definitions
- Platform — the Klangly online service.
- User — anyone who visits or uses the platform.
- Buyer — a user who purchases digital products.
- Creator — a user who offers or sells digital products through the platform.
- Digital products — non-physical content delivered via streaming, download or access through a user account.
- Operator — Tido Schmidt.
3. Role of the platform
Klangly provides a technical platform on which creators offer digital music products and buyers purchase them. Unless expressly stated otherwise, the purchase contract for a digital product is concluded between the buyer and the relevant creator.
In this case the operator acts as an intermediary, technical service provider and (via external payment service providers) payment facilitator. The operator is not automatically the author, producer or party responsible for the content offered by creators.
The operator may review, block, remove or suspend the sale of content where there are indications of legal violations, breaches of these terms, misuse, fraud, copyright infringement or other risks.
4. Registration and account
A user account is required to buy, sell or access certain content. Users must provide truthful and complete information when registering and keep it up to date.
Login credentials are confidential and must not be transferred to third parties. Users must notify the operator immediately if they suspect unauthorised account access.
The operator may refuse registration or block an account where false information is provided, misuse occurs, or legal or contractual obligations are breached. Buyers must be at least 16 years old; minors may use the platform only with the consent of their legal guardians. Creator accounts generally require the user to be of legal age (18+).
5. Creator accounts
Selling digital products requires a creator account. The operator may request additional information, in particular name, address, email, payment details, tax information, company details, proof of identity and proof of rights in content.
Payouts may be made conditional on successful identity, tax or payment verification. The operator may decline creators where there are doubts about identity, legal capacity, legitimacy, rights situation or compliance with legal requirements.
6. Offers and conclusion of contract
Creators may list digital products. The display of a product constitutes an offer by the creator to conclude a purchase contract, unless stated otherwise on the product page. The buyer places a binding order by clicking the purchase button.
The contract is concluded once payment is successfully completed and access to the digital product is unlocked. The buyer receives confirmation by email or within their account. The operator may decline or reverse orders in the event of payment problems, suspected fraud, technical errors, incorrect price information or legal violations.
7. Digital products and access
Digital products are provided — depending on the product type — as a download, stream, course access or other digital access. The exact contents, file types, durations, download options and restrictions are set out on the relevant product page.
The operator endeavours to keep the platform reasonably available but does not owe continuous, uninterrupted availability. Buyers are responsible for providing suitable devices, software, internet connection and compatible applications.
8. Prices and payment
All prices are displayed on the platform. Prices shown to consumers are total prices including statutory VAT where VAT applies. Payments are processed via external payment service providers (e.g. Stripe, PayPal).
If a payment fails, there is no entitlement to access the digital product. The operator may receive payments on behalf of the creator and pay them out after deduction of commission, payment fees, refunds, chargebacks and other agreed deductions.
9. Commission and creator payouts
The operator receives a commission for sales it facilitates; the amount is set out in the applicable Creator Terms or the individual agreement. Payouts are made after an internal security, cancellation or chargeback period.
The operator may withhold amounts where refunds, chargebacks, suspected fraud, legal violations, tax questions or other risks exist. Creators are responsible for properly taxing their income unless otherwise agreed or required by law.
10. Buyer usage rights
With the purchase of a digital product, the buyer receives a simple, non-exclusive, non-transferable right to use the product for private purposes. Unless a broader licence is stated on the product page, the buyer may not resell, publicly make available, re-upload, reproduce and distribute, offer as their own product, share on file-sharing networks, commercially exploit or pass the product to third parties.
Backing tracks, presets, MIDI files, tabs, sheet music and similar content may only be used within the scope of the stated licence. The buyer must not circumvent or remove technical protection measures, watermarks or access restrictions.
11. Creator obligations
Creators may only upload and sell content for which they hold the necessary rights. Creators warrant that their content does not infringe third-party rights (copyright, ancillary copyright, trade marks, personality rights, data protection rights or other protected rights).
Creators must not offer content that is unlawful, misleading, discriminatory, harmful to minors, fraudulent, dangerous, contains malware or is otherwise impermissible. Product descriptions must be truthful, complete and not misleading, and must clearly state the files, formats, licences, requirements and restrictions included. Creators indemnify the operator against third-party claims arising from a breach of these obligations.
12. Music rights (tabs, sheet music, backing tracks, cover material)
Music products are subject to particularly strict rights requirements. Tabs, sheet music, transcriptions, backing tracks, song analyses, play-alongs, cover versions, samples and presets may affect third-party rights.
The creator is solely responsible for ensuring all necessary rights, licences and permissions are in place. The operator may remove or block content where the rights situation is doubtful and is not obliged to fully vet all uploads in advance. The creator must provide proof of rights on request without undue delay.
13. Prohibited content
The following are prohibited, in particular: content for which the creator lacks sufficient rights; pirated copies, copied courses, leaked presets, third-party PDFs, tabs, backing tracks or sheet music; content with malware; misleading descriptions; fake or paid reviews; content that violates criminal law, protection of minors, data protection, trade-mark, copyright or personality rights; content promoting hate, violence, discrimination or illegal acts; and spam or manipulative SEO.
14. Review, blocking and removal of content
The operator may review content automatically or manually and may block, remove, downgrade or restrict products, profiles, comments, reviews or accounts where a violation of these terms, the law or third-party rights is suspected.
The affected user is generally informed of the measure unless legal, security or misuse-related reasons prevent this. Repeated or serious violations may lead to permanent account suspension. Balances may be withheld until clarification.
15. Reporting unlawful content
Users, rights holders and third parties can report unlawful content via tido.schmidt@googlemail.com. A report should include the name and contact details of the reporter, the exact URL or designation of the content, a description of the alleged violation, evidence of rights ownership or affected status, and a statement that the information is accurate to the best of their knowledge.
The operator reviews reports promptly and may remove or block content or ask the creator for a statement. Manifestly unfounded or abusive reports may be rejected; repeated abuse of the reporting system may lead to account restrictions.
16. Reviews and community features
Users may rate products and creators where the platform provides this function. Reviews must be factual, truthful and based on the user's own experience. Fake or paid reviews, insulting content, spam, advertising, threats and unlawful statements are prohibited. The operator may remove or hide reviews that breach these rules.
17. Right of withdrawal for consumers
Consumers generally have a statutory right of withdrawal for distance contracts. For digital content not supplied on a physical medium, the right of withdrawal can lapse if the consumer expressly agrees that performance begins before the end of the withdrawal period and acknowledges that they thereby lose their right of withdrawal. The buyer is specifically informed of this consequence at checkout. See the [Right of Withdrawal](/legal/withdrawal) for details.
18. Refunds
Where the right of withdrawal has validly lapsed, there is no entitlement to a refund merely because the buyer has already downloaded or used the product and then does not like it. Voluntary refunds may be granted by the creator or the operator, in particular for technical faults, duplicate payments, files not provided, materially incorrect descriptions, proven legal defects, or as a goodwill gesture. On refund, access to the product may be revoked. Abuse of refunds may lead to account suspension.
19. Warranty
Statutory warranty rights apply. For digital products, the relevant seller is responsible for the product matching its description. In the intermediary model the operator is not the seller but supports the clarification of problems between buyer and creator. Buyers should report technical problems as specifically as possible (device, browser, operating system, error message, product).
20. Availability and technical changes
The operator endeavours to keep the platform stable but does not guarantee permanent, uninterrupted availability. Functions may be changed, extended, restricted or removed where necessary for security, operation, development or legal requirements. Purchased content should remain accessible where possible; a permanent claim to unlimited hosting exists only where expressly promised.
21. Liability
The operator is liable without limitation for intent and gross negligence. For slight negligence the operator is liable only for breach of material contractual obligations and limited to the foreseeable damage typical of the contract. Liability for injury to life, body or health and under mandatory statutory provisions remains unaffected.
The operator is not liable for creator content of whose unlawfulness it has no knowledge and acts within the legal requirements once it becomes aware. The operator is not liable for learning outcomes, musical progress, artistic results or economic success expected from using the content.
22. Suspension and termination
Users may terminate their account at any time. The operator may block or terminate accounts for breach of these terms — for creators, in particular for copyright infringement, fraud, fake sales, manipulated reviews, false identity or tax details, misuse of payment functions, repeated complaints or unlawful content. The user may be heard before permanent suspension unless urgent reasons prevent this. Statutory rights remain unaffected.
23. Data protection
The operator processes personal data in accordance with the [Privacy Policy](/legal/privacy). External providers may be used for payment processing, hosting, analytics, email and support. Creators may use buyers' personal data only as necessary for performing the contract, support or legal obligations; use for the creator's own marketing requires valid consent.
24. Changes to these terms
The operator may amend these terms where necessary due to legal, technical or economic changes. Users are informed of material changes. If a user objects, the operator may terminate the usage relationship. Purchases already concluded are generally governed by the terms in force at the time of purchase.
25. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of mandatory consumer-protection provisions of their country of habitual residence. If the user is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction is Aurich. Should individual provisions be invalid, the validity of the remaining provisions is unaffected.