Terms and Conditions

§ 1 Provider, scope, definitions

(1) The provider of the platform “Vakatagi” is

HS Creative UG (haftungsbeschränkt)
Fahrenberg 15e
45257 Essen
Germany

– hereinafter referred to as “Provider”.

(2) These General Terms and Conditions (GTC) regulate all contracts between the provider and its customers regarding the use of the “Vakatagi” platform. The platform includes in particular the website, the studio application, web-based management interfaces, streaming services, player applications and all associated digital services.

(3) Customer within the meaning of these General Terms and Conditions can be both an entrepreneur within the meaning of § 14 BGB and a consumer within the meaning of § 13 BGB. Vakatagi is primarily aimed at commercial users; However, consumers are not excluded.

(4) Differing or supplementary terms and conditions of the customer do not apply unless their validity is expressly agreed to in writing.

(5) Individual contractual agreements take precedence over these General Terms and Conditions.

§ 2 Conclusion of contract

(1) The presentation of the services on the website or within the platform does not constitute a legally binding offer, but rather an invitation to submit an offer.

(2) The contract is concluded when the customer selects a paid subscription and completes the booking process and the provider confirms the booking or activates the service.

(3) The provider is entitled to reject contract offers without giving reasons.

§ 3 Description of services

(1) Vakatagi is a digital platform for generating, providing, managing and playing music content.

(2) The platform offers the following functions in particular:

• AI-supported generation of musical works,
• Creation and management of playlists,
• location-based music control,
• streaming functionalities,
• Management of end devices and user access.

(3) Music is generated using artificial intelligence. The content is created based on user-related parameters as well as multi-stage technical processing steps and prompt-based optimizations by the provider.

(4) The specific scope of services depends on the tariff model booked.

(5) The provider is entitled to further develop, technically adapt or change functions, provided that this does not significantly affect the purpose of the contract.

§ 4 Registration and user account

(1) To use certain functions, it is necessary to create a user account.

(2) The customer is obliged to provide truthful information when registering.

(3) Access data must be treated confidentially and protected from access by third parties.

(4) The customer is liable for all activities that occur using his account, provided he is responsible for them.

§ 5 Rights of use

(1) The provider grants the customer a simple, non-exclusive, non-transferable and non-sublicensable right to use the music content provided for the duration of the contract.

(2) Use is limited to playback as background music within the scope of the customer's own business operations.

(3) Use is only permitted at the locations specified in the booked tariff.

(4) In particular, the following is not permitted:

• the distribution or resale of the music content,
• public distribution as independent works,
• use in advertising, social media, film, radio or streaming productions,
• the editing or redesign of the works,
• use after the end of the contract.

(5) Exported content may only be used within the scope of the contractual use.

(6) Exclusivity is not owed.

§ 6 AI-generated content and copyright status

(1) The music content provided via Vakatagi is generated using artificial intelligence.

(2) According to the current legal situation, it is not conclusively clarified to what extent AI-generated content enjoys copyright protection.

(3) The provider does not guarantee the existence or enforceability of copyright rights to individual works.

(4) A specific novelty, originality or uniqueness of individual content is not owed.

(5) Due to the way AI-supported systems work, it cannot be completely ruled out that individual content has similarities to existing musical works.

(6) Stylistic or tonal similarities alone do not constitute liability on the part of the provider.

§ 7 Rights of third parties and collecting societies

(1) As far as the provider is aware, the content provided is not part of the repertoire of collecting societies such as GEMA.

(2) A final legal assessment by collecting societies or courts cannot be guaranteed.

(3) The customer is responsible for compliance with any reporting or submission obligations under public law in connection with the public reproduction of music.

(4) The provider does not provide legal advice.

§ 8 Obligations to cooperate and exemption

(1) The customer undertakes to use the platform exclusively within the framework of the applicable laws and these General Terms and Conditions.

(2) It is prohibited to use the platform to generate illegal content.

(3) The customer releases the provider from all third-party claims that result from use that falls outside the contractually agreed scope of use.

§ 9 Prices and payment conditions

(1) The prices displayed at the time the contract was concluded apply.

(2) Subscriptions are billed monthly in advance.

(3) Payment processing takes place via external payment service providers.

(4) In the event of late payment, the provider is entitled to temporarily block access.

§ 10 Trial versions

(1) The provider can offer free or limited trial versions.

(2) A paid contract is only created through the express conclusion of a subscription.

§ 11 Term and termination

(1) Subscriptions have a minimum term of one month.

(2) They are automatically extended for another month unless they are canceled in due time.

(3) Termination is possible at any time at the end of the current billing period.

§ 12 Availability

(1) The provider strives to ensure a high level of technical availability of the platform.

(2) Maintenance work, technical developments or circumstances beyond the control of the provider can lead to temporary restrictions.

(3) There is no claim to uninterrupted availability.

§ 13 Liability

(1) The provider is liable without limitation in the event of intent, gross negligence and injury to life, body or health.

(2) In the case of slight negligence, the provider is only liable for breach of essential contractual obligations and is limited to the foreseeable damage that is typical for the contract.

(3) For entrepreneurs, liability for indirect damages, consequential damages and lost profits is excluded to the extent permitted by law.

(4) Liability for the commercial usability of individual content is excluded.

§ 14 Data protection

The processing of personal data takes place in accordance with the separate data protection declaration.

§ 15 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) For entrepreneurs, the place of jurisdiction is Essen.

(3) If individual provisions are ineffective, the effectiveness of the remaining provisions remains unaffected.