Terms of Service

Effective date: April 2026

1. Contractual Relationship & Provider

These Terms of Service ("Terms") govern the relationship between you ("User") and Jonas Niemann, Germany (hereinafter "Provider", "we", or "us"), regarding the use of the platform Make a Beat.

Jonas Niemann c/o IP-Management #9655 Ludwig-Erhard-Straße 18 20459 Hamburg Germany E-Mail: contact@make-a-beat.com

Merchant of Record: Please note that all financial transactions are processed by our partner Lemon Squeezy. When purchasing a subscription or credits, Lemon Squeezy is the legal seller and your contractual partner for the payment process. Their terms and conditions apply additionally to the transaction.

2. Eligibility and Age Requirement

You must be at least 13 years old to use this service. If you are under 18, you represent that you have obtained the consent of your parent or legal guardian to use the platform and that they agree to these Terms on your behalf.

3. Services and Availability

Make a Beat provides AI-assisted tools for audio generation and processing (e.g., Melody Generation, Stem Splitting).

Technical Basis: Our services utilize third-party APIs, including ElevenLabs and Replicate.

Uptime: We aim for a platform availability of 99%. However, we do not guarantee uninterrupted service, especially during maintenance or outages of third-party providers.

4. Subscriptions, Credits, and Payments

Credits: Purchased credits are added to your account and do not expire. They remain valid as long as your account exists.

Subscriptions: We offer monthly or yearly subscription plans. If you save a beat/file while on a Premium plan, you retain access to that specific file in your account even after your subscription ends.

Payment Failure: In the event of a failed payment, we grant a 14-day grace period to settle the balance. If payment is not received within this period, we reserve the right to suspend access to premium features.

5. Licensing and Usage Rights

Free Tier: Users on the free plan are granted a Personal License. Outputs may only be used for private, non-commercial purposes.

Premium/Paid Tier: Users with an active subscription or purchased credits are granted a Commercial License. You receive a worldwide, perpetual right to use the generated audio outputs for commercial purposes (e.g., music streaming, social media, advertising).

AI Specifics: You acknowledge that generative AI outputs may not be unique. Due to the nature of the technology, other users may generate similar or identical sounds. We do not claim exclusive copyright over the raw AI-generated output.

Sources: Our library consists of original sounds, licensed samples (e.g., from freesound.org), and AI-generated content.

6. Right of Withdrawal (EU Consumers)

Instruction on Withdrawal: By purchasing digital content (credits or subscriptions) and starting the generation or download process, you explicitly consent to the immediate performance of the contract. You acknowledge that your 14-day right of withdrawal expires prematurely as soon as the digital service has commenced (e.g., the first sound is generated or processed).

7. Limitation of Liability

Aesthetic Results: We provide the tools, but we do not guarantee the quality or "musicality" of the output. We are not liable if you are dissatisfied with the aesthetic result of the generated sounds.

General Liability: Our liability is limited to damages caused by willful intent or gross negligence. We are not liable for any indirect damages or loss of data resulting from the use of our service.

Copyright Clearance: It is the User’s responsibility to ensure that their final use of the generated content does not infringe on third-party rights.

8. Data Privacy and Hosting

Your data is handled according to our Privacy Policy. Our primary servers are located in Germany (Hetzner). For specific processing tasks (audio generation), data may be transferred to and processed by our API partners (ElevenLabs, Replicate) in accordance with GDPR standards.

9. Governing Law

These Terms are governed by the laws of the Federal Republic of Germany. If you are a consumer, this choice of law applies only to the extent that it does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence.