Terms of Service

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. By using the platform you enter into a contract with us as the legal seller.

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

Payment processing: Payments are processed by Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland) acting as our payment service provider. Stripe is not the seller and is not your contractual partner for the purchase itself; their terms govern the payment service only. Your contract for the digital product is with us.

Small business notice (§ 19 UStG): Pursuant to § 19 of the German VAT Act (Kleinunternehmerregelung), no value-added tax is charged. Listed prices are final.

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.

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.

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

Upgrade Access: Studio Pro is offered as a one-time purchase that grants access to premium features for a duration of one (1) year. There are no recurring subscriptions or automatic renewals.

Payments are processed securely by Stripe. The displayed price is the final price you pay; no VAT is added (Kleinunternehmerregelung § 19 UStG). After successful payment, Stripe automatically generates an invoice (Rechnung) that you can download from your receipt email. The invoice contains the statutory § 19 UStG notice (no VAT charged).

Access is granted immediately upon successful payment confirmation by the webhook from Stripe. Credits are also added immediately.

Payment Failure: In the event of a failed payment, we may pause access to premium features until the payment issue is resolved.

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 upgrade access 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.

EU consumers have a statutory 14-day right of withdrawal for digital content under § 312g BGB.

Expiry of the right of withdrawal (§ 356 (5) BGB): The right of withdrawal lapses prematurely for contracts for the delivery of digital content not on a tangible medium if the consumer (a) has expressly consented that performance begins before the 14-day withdrawal period expires, and (b) has acknowledged that this consent causes the loss of the right of withdrawal once performance begins.

By clicking "Pay" on the Stripe Checkout page you give both consents simultaneously and acknowledge that your right of withdrawal lapses as soon as we begin providing the digital content (i.e., the moment your account is upgraded and the first credit or premium asset is made available).

If you have not started using the digital content and the 14-day period has not yet ended, you can still withdraw by emailing contact@make-a-beat.com. We will refund the full amount to the original payment method within 14 days using the same means used for the payment.

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.

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.

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.

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.