Terms and Conditions
§ 1 Scope of Application
1. The following general terms and conditions govern the contractual relationship between audiohub GmbH, Schallstr. 13-17, 50931 Cologne, Germany (hereinafter "audiohub", "Provider") and private customers as well as commercial customers who purchase subscriptions or licenses to use music titles via the provider's website (hereinafter "customer").
2. The provider does not recognize deviating or opposing conditions unless he has expressly agreed to them in writing.
§ 2 Applicable Law
This contract is governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the contracting party is a consumer, statutory provisions of the consumer's country of residence that protect consumers remain unaffected. The CISG does not apply.
§ 3 Service
audiohub provides music titles for download on the websites audiofire.de, audiofire.fr, audiofire.io, for which the customer can acquire usage rights (see under § 7).
§ 4 Conclusion of Contract
1. The offers on audiofire.de, audiofire.fr, audiofire.io do not represent a binding offer to conclude a contract, but an invitation to the customer to make an offer.
2. The automatically sent email confirmation of the receipt of the order does not yet represent acceptance of the offer.
3. The contract is concluded by the provider's confirmation of the conclusion of the contract.
§ 5 Registration
1. To be able to purchase audio files and their usage rights, the customer must register for a customer account by providing his name and email address.
2. Truthful information must be provided.
3. The customer account is activated by the provider. There is no entitlement to activation of the account.
§ 6 Subscription Conditions
6.1 Subscription Costs and Automatic Renewal, Price Changes
The monthly subscription requires regular payments. It runs for a specific duration, depending on the customer's choice. This duration is referred to as the "Subscription Period." Within the current subscription period, the customer can cancel the subscription until the end of this period by toggling the slider to deactivate the subscription in the customer portal. Without a cancellation by the customer before the end of the current period, the subscription will be extended by another month. The amounts due will be processed via the payment method provided by the customer. The first payment is made at the time of ordering and then at the beginning of each new Subscription Period, unless previously canceled. The subject of the debit refers to the company name 'audiohub GmbH'.
The annual subscription does not automatically renew.
We can adjust our prices at the beginning of a new Subscription Period. In the event of such an adjustment, we will inform the customer at least 30 days in advance by email to the address registered in the audiofire account. If the customer disagrees with the new pricing structure, they have 30 days to notify us in writing via email. In the notification, we will explain to the customer their options and the resulting consequences. If the customer rejects the new pricing structure, their subscription remains at the previous price. Otherwise, the subscription will continue at the new price stated in the email, and we are authorized to collect the new amount using the payment method provided by the customer.
6.2 Right of Withdrawal
The customer has the right to revoke this contract without giving any reason within fourteen days. The withdrawal period is fourteen days from the date of contract conclusion. To exercise the right of withdrawal, the customer must send us an email with a clear statement of their decision to withdraw from this contract. To maintain the withdrawal period, it is sufficient for the customer to send the notification about the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal: If the customer withdraws from this contract, we will repay all payments we have received from them immediately and at the latest within fourteen days from the day on which we received the notice of withdrawal. For this repayment, we use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged fees for this repayment. After the cancellation, all license keys become invalid, and the customer is obliged to delete the downloaded audio files. The music may no longer be used (videos published without authorization will subsequently receive a claim or be blocked).
6.3 Cancellation
The customer's monthly subscription can be canceled at any time before the end of the current subscription period. For a subscription cancellation, the customer visits their audiofire area and toggles the slider to deactivate the subscription. A cancellation takes effect at the end of the current Subscription Period. Until then, the audiofire service remains available to the customer.
The customer's annual subscription automatically expires and therefore does not need to be manually canceled.
After the end of the subscription term, the customer can no longer download audio files or license documents; this also includes license documents that the customer generated during the subscription term. Additionally, the YouTube channels provided by the customer will be removed from the whitelist; upon a later reactivation, they must be added again by the customer.
Audio files downloaded during an active subscription may no longer be used after pausing.
Video releases made during an active subscription remain valid indefinitely, even after pausing or cancelling the subscription.
6.4 Payment Information
Within the legally permitted framework, we store the customer's payment details, such as credit card information. The customer is responsible for keeping this payment information updated in their account. With their consent during the ordering process, we may request or receive updated payment information from their payment service provider. This allows us to offer the customer continuous access to the audiofire service. The customer permits us to charge their payment method with the updated data. If a payment cannot be made due to expired, insufficient funds, or other reasons attributable to the customer, we reserve the right to terminate the customer's subscription in accordance with legal regulations. The customer agrees that we can charge their stored payment method if they decide to re-register for the audiofire service after the subscription ends.
§ 7 Licensing Terms
1. The license models include the following services and usage rights:
1.1 "Free" Subscription
The free "Free" subscription can only be booked by individuals. The included music tracks can be downloaded for free and used in any number of personal videos. These videos can be published online on one's own social media channels (e.g., on YouTube, Facebook, Instagram, TikTok, Twitter, Twitch). To protect against abusive activities, such as those by scrapers and bots, the daily download limit is set to 50.
Published videos that contain music from audiofire automatically receive a copyright claim ("Copyright Claim"), which allows ads to be placed over the video. Copyright claims have no negative impact on the channel and can be resolved by upgrading to a paid Creator or Professional subscription.
1.2 "Creator" Subscription
The customer receives a simple, non-exclusive right of use, limited to online publishing and the subscription period, for the musical accompaniment of their own videos.
The "Creator" subscription can only be booked by individuals. The included music tracks can be used in any number of one's own videos. The licensee has the choice between the Mp3 format and the WAV format. The Mp3 format contains additional metadata (including the name of the licensee and copyright information).
These videos can be published online on one's own social media channels (e.g., on YouTube, Facebook, Instagram, TikTok, Twitter, Twitch). To protect against abusive activities, such as those by scrapers and bots, the daily download limit is set to 50.
1.3 "Professional" Subscription
The customer receives a simple, non-exclusive right of use, limited to online publishing and the subscription period, for the musical accompaniment of their own videos as well as videos created on behalf of clients.
The "Professional" subscription can be booked by both individuals and companies, editorial teams, and public institutions. The included music tracks can be downloaded and used in any number of personal videos and any number of videos created on behalf of clients. The licensee has the choice between the Mp3 format and the WAV format. The Mp3 format contains additional metadata, including the name of the licensee and copyright information. Furthermore, the customer has access to the Client Manager Tool, which allows them to create personalized licenses for their clients.
The videos can be published online on all social media channels (e.g., on YouTube, Facebook, Instagram, TikTok, Twitter, Twitch). To protect against abusive activities, such as those by scrapers and bots, the daily download limit is set to 50.
Usage rights according to (1.1) "Free" Subscription, (1.2) "Creator" Subscription, and (1.3) "Professional" Subscription have the following specific content:
2.1 The transfer of usage rights as well as the distribution of the audio files is prohibited unless expressly approved by audiohub GmbH.
2.2 The following modifications aimed at precisely integrating an audio file into a video are permissible without the rights holder's consent:
Cutting, rearranging, transposing, time-stretching, fading in/out, looping, EQing, reverb effects, mastering, and pitching.
2.3 The music track must not be used in a context that is inconsistent with the law and constitution of the Federal Republic of Germany or the European Union. In particular, its use is prohibited in projects associated with political or religious extremism, pornography, or the glorification of violence.
2.4 It is not allowed to register the music track in fingerprinting databases (e.g., Content-ID, Facebook Rights Manager) through a digital distributor (e.g., AdRev, Distrokid, Tunecore, CD Baby, Indiefy, Haawk, Identifyy, audiam, iMusician, Feiyr, audible, Zebralution, etc.). audiohub GmbH retains all property rights to the recording.
2.5 The music track may not be resold or published as such - not even if it has been sung or rapped over or modified in any other way. Furthermore, the music track may not be used in videos intended for distribution under Creative Commons or other Public Domain licenses.
2.6 The music track can only be used in videos. Use in other media (e.g., in podcasts or audiobooks) is not permitted.
2.7 Videos can only be published online. Offline publishing (e.g., TV, cinema, venues, events) is not allowed.
Usage rights according to (1.2) "Creator" Subscription and (1.3) "Professional" Subscription have, in detail, the following additional content:
2.8 The granting of rights is revocable until the full payment of license fees has been made.
2.9 The customer has access to the whitelisting function and is thus able to independently deposit YouTube channel URLs in their customer area. As a result, all copyright claims ("Copyright Claims") related to audiofire.de music tracks are automatically resolved. Whitelisting must be done before publishing the first video. The maximum number of YouTube channel URLs for whitelisting is limited. A channel URL can be changed a maximum of 1 time per month.
§ 8 Liability
1. The provider is liable in accordance with statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of the provider's representatives or agents. As long as the provider is not charged with intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage.
2. The provider is liable according to statutory provisions if he culpably breaches an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage. An essential contractual obligation exists when the breach of duty relates to a duty on the fulfillment of which the customer relied and was entitled to rely.
3. Liability for culpable injury to life, body, or health remains unaffected; this also applies to the mandatory liability under the Product Liability Act.
4. Unless otherwise stipulated above, liability is excluded.
5. The provider's liability is specifically excluded if the provider's service (music ordered by the customer/user) has been uploaded/registered by a third party contrary to § 7 No. 2.5 of these T&Cs in audio fingerprint databases via distribution service providers (e.g., AdRev, Distrokid, Tunecore, CD Baby, Indiefy, Haawk, Identifyy, audiam, iMusician, Feiyr, audible, Zebralution, etc.). However, the provider commits to actively participating in resolving any potential conflict that may arise and to take action against the T&C violation on his part.
§ 9 Dispute Resolution
1. The European Commission provides a platform for out-of-court online dispute resolution (so-called OS platform) at http://ec.europa.eu/consumers/odr/.
2. The provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 10 Jurisdiction
The exclusive jurisdiction is Cologne, provided that each party to the contract is a merchant or a legal entity of public law or does not have a general jurisdiction in Germany.
§ 11 Final Provision
If any of the above provisions are ineffective, the validity of the remaining provisions remains unaffected.
B. Consumer Information
1. Identity of the Entrepreneur
audiohub GmbH
c/o audiofire
Managing Directors: Nikolas Weber, Dominik Weber
Schallstr. 13-17
50931 Cologne
Germany
E-mail: info@audiohub.com
2. Storage of the contract text and contract language
The contract text is sent to the customer in text form by e-mail after the conclusion of the contract and can be viewed by him at any time in his customer account.
The contract language is German.
3. Essential characteristics of the services
The essential features of the offered services can be taken from the respective product pages.
4. Technical means for detecting and correcting input errors
Before bindingly placing an order, the customer can continuously correct his inputs using the usual keyboard and mouse functions. Furthermore, all entries are displayed again in an order overview before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
5. Warranty
There is a statutory liability for defects. This is governed by §§ 434 ff. BGB.
6. Information on the right of withdrawal
There is a right of withdrawal in accordance with the cancellation policy, which is displayed before sending the order.
The right of withdrawal expires if the consumer has agreed that the execution of the contract should start before the end of the withdrawal period and he has confirmed that he is aware that by this consent he loses his right of withdrawal with the beginning of the execution of the contract.
7. Information on delivery conditions and delivery time
The audio files are released for download immediately after the conclusion of the contract. The customer can access the download link by clicking on the download button next to the desired music title. Licenses can be generated via the license button. With a Creator and Professional subscription, audio files and license documents can only be downloaded during an active subscription.