General Terms and Conditions (T&Cs) – In-Store Music Solution

1.1 The Service Provider operates the in-store music system as a managed service. 

1.2 The Client is responsible for the technical environment at the place of use. The Client shall provide stable internet connectivity and power supply, and operate the hardware properly according to instructions.

1.3 The Client must prevent unauthorized access or misuse and ensure compliance with all applicable laws. 

1.4 The Service Provider is not responsible for service disruptions caused by insufficient internet connectivity, power supply issues, incorrect installation, third-party systems, or circumstances beyond its control.

2.1 Music Content: The Service Provider handles the initial setup and content deployment, ongoing curation and optimization of playlists (“Custom Soundtracks”), regular content updates, scheduling functionality, and a limited number of special adjustments per year, as defined in the offer.

2.2 Software & Operation: The Service Provider provides and maintains the proprietary platform and backend infrastructure, and monitors system availability and connectivity. 

2.3 Hardware: The Service Provider provides rented music player hardware, performs remote configuration and diagnostics, and replaces defective devices within the scope of this agreement.

Services not expressly included are not part of the agreement and may be charged separately. This includes, but is not limited to, additional content updates, custom software development, on-site services, and system redesign or zoning changes.

4.1 Support requests will receive an initial response within 24 hours on business days. 

4.2 In the event of hardware failures that cannot be resolved via remote maintenance, the Service Provider will dispatch a replacement device within 48 hours following the completion of the technical diagnosis (best effort) at the expense of the Service Provider.

5.1 All hardware remains the sole property of the Service Provider at all times. Risk of loss transfers to the Client upon delivery. 

5.2 Defective or replaced devices must be promptly dispatched for return shipment to the Service Provider, with verifiable proof of postage, no later than thirty (30) days after receipt of the replacement device.

5.3 Any hardware that is no longer needed due to the permanent closure of one or more locations must be promptly dispatched for return shipment to the Service Provider, with verifiable proof of postage, no later than thirty (30) days after the closure at the Client’s expense, unless the Client and the Service Provider agree otherwise.

5.4 Upon regular termination of the agreement, all hardware must be promptly dispatched for return shipment, with verifiable proof of postage, no later than thirty (30) days after the agreement ends. The terminating party bears return shipping costs, including import taxes and tariff surcharges where applicable.

5.5 If devices are not returned, or if they suffer damage beyond normal wear and tear, replacement costs will be charged according to the applicable compensation schedule.

5.6 If a device returned as defective is found to have no technical fault, or if the defect was demonstrably caused by improper handling (e.g., failure to follow installation instructions, drop damage), the Service Provider reserves the right to charge the Client for the incurred testing, repair, and shipping costs. In the event of irreparable damage due to improper use, the replacement costs will be charged according to the applicable compensation schedule.

6.1 Public performance rights are not included. The Client is solely responsible for obtaining and maintaining all required licenses. 

6.2 The Client shall indemnify and hold the Service Provider harmless from and against any and all third-party claims (in particular from collecting societies such as GEMA or GVL) arising from the Client's failure to obtain, or delay in obtaining, the necessary public performance rights. This includes the costs of reasonable legal defense incurred by the Service Provider.

7.1 The Service Provider reserves the right to reasonably increase the recurring fees a maximum of once per calendar year with a notice period of six (6) weeks, in order to compensate for increased personnel, infrastructure, or licensing costs. If the increase exceeds 3% of the current fee, the Client shall have the right to terminate the agreement as of the effective date of the price adjustment. 

7.2 In case of late payment, the Service Provider may suspend services following prior notice. The Client's contractual obligation to pay the agreed fees for the provided infrastructure remains unaffected during any period of justified suspension.

8.1 Both parties agree to keep all commercial and technical information obtained during the course of the cooperation strictly confidential and not to disclose it to unauthorized third parties. 

8.2 The Service Provider has the right to use the Client's name and logo on its website and in marketing materials as a reference, provided the Client does not explicitly object in text form.

9.1 The Service Provider is fully liable for intent and gross negligence. 

9.2 In cases of slight negligence, liability is limited to breaches of essential contractual obligations and foreseeable damages. 

9.3 Liability for indirect damages and loss of profit is excluded to the extent permitted by law. 

9.4 Liability for injury to life, body, or health remains unaffected.

9.5 Liability for data loss is limited to the typical recovery effort that would have been required if regular and risk-appropriate backups had been made.

10.1 The parties comply with applicable data protection laws. Where required, a separate data processing agreement shall be concluded. 

10.2 Neither party is liable for failure to perform due to events beyond reasonable control.

11.1 The Service Provider may amend these AGB with reasonable notice. If the Client objects, both parties have the right to terminate the agreement. 

11.2 Should any provision be invalid, the remainder shall remain unaffected.

Last Updated: May 18, 2026