Scope of application
The following General Terms and Conditions (GTC) apply to all transactions between audio-booster.com (hereinafter referred to as the Contractor) and customers (hereinafter referred to as the Client). The Client hereby acknowledges that only the terms and conditions set out here apply. Changes to the GTC will be communicated to the client in writing by email. The notification will be sent to the email address provided by the client in their customer profile. Changes are considered accepted if the client does not object to the notification of the changes within two weeks or if the client agrees to the new terms and conditions when placing a new order.
Subject of the contract
The basic subject matter of the contract is the digital processing of the audio files uploaded by the customer to the contractor's web server. Each uploaded audio file is digitally processed by various processes running on the server to create a different acoustic pattern. The digital formats currently supported are: mp3, wav, flac, m4a and ogg.
Conclusion of the contract
A contract is only concluded through the procedure described below. To initiate this procedure, voluntary, complete, and confirmed electronic registration of the customer in accordance with the applicable data protection agreements on the contractor's website is required.
1. After successful registration, the “Upload files” function in the file manager on the website is activated by clicking/tapping this icon on the website.
2. By clicking on this icon, the customer is given the option of uploading audio files to the contractor's web server.
3. To prevent misuse, the upload option is limited to a maximum number and/or maximum storage space as specified on this website. These can be viewed under the menu item > Prices < and the subcategory “User options.”
4. Each uploaded audio file is digitally processed by various processes running on the server to create different acoustic patterns.
5. The technically processed audio file (not always audible to humans) is made available to the customer in the form of a pre-listen version including a accustic watermark including an acoustic/visual comparison to the original.
6. Processable audio files are first placed in a preliminary order queue. The costs incurred when the order is finally placed are also visible to the customer here.
7. If the customer decides to proceed with the technical processing, they will be automatically redirected to a selected financial service provider if there are insufficient funds on the customers account to cover the payment required for the requested service. In this context, the financial service provider's terms and conditions and privacy policy apply.
8. Once payment has been successfully completed, the customer will be redirected back to the contractor's website.
9. If the customer wishes to remove audio files from the queue, they must click/tap the button provided for this purpose. The audio file will then be deleted from the queue and will therefore not be processed or invoiced.
10. Once the customer has finally triggered the order process, cancellation is not possible for technical reasons.
11. Once the technical processing of the audio file has been completed, the revised version will be moved to the download section in the file manager and is ready for download via an internet-enabled electronic device (mobile phone, laptop, notebook, or PC). The process and the order are then considered completed.
12. After downloading the technically revised version of an audio file, it will be available to the customer for another 48 hours for re-download (three times in total). After that, both the original audio file uploaded by the customer to the contractor's server and the revised version will be deleted and will no longer be available for further processing of another version.
Offer period, contract, and remuneration
The contract is concluded with the official order, i.e., as described above, with the independent initiation of the processing process by the customer. The prices for this can be found in the offers described on the website and in the queue function described above.
Additional services
The contractor also offers special services, which are listed on the website under the menu item “Additional services.” For these offers, the contractor shall provide the client with separate service-specific terms and conditions prior to accepting the order. The order shall only be deemed accepted once both parties have agreed to these terms and conditions and the contractor has officially accepted the order. Until this point, the contractor's offer of services shall be non-binding. The separate service-specific terms and conditions are not part of these GTC, as they are agreed individually.
Refund of payments
If, after payment has already been made or the customer decides not to accept the service offer, the remaining credit balance shall be forfeited and used for further development of the system.
Account closure
The customer may terminate their account at any time without giving reasons. The process can be initiated via a selection in the menu. If the customer decides to terminate the account, a confirmation request will be sent to them by email. If the customer confirms the email by clicking on an individual link contained therein, they will be redirected back to the website, where they must confirm the deletion again. Only then will the account be irrevocably deleted. The deletion only includes all customer data if none of the services offered have been used. Further information can be found in the privacy policy.
General disclaimer
The contractor is only liable for gross negligence and intent. A disclaimer also applies to technical server malfunctions that are beyond the contractor's control.
General disclaimer – copyrights and rights of use
The contractor does not provide any audio files, but only carries out digital work on them. Since audio files are uploaded by the customer to the contractor's server for the purpose of processing and are completely deleted again after processing, they always remain the property of the customer. The basis for the contractor's performance is that the client has the appropriate rights to use the audio files uploaded by them. This also applies to music studios, music publishers, artists' own productions, or self-produced podcasts that make use of the services offered by the contractor. The client indemnifies the contractor, its employees, and/or vicarious agents from all claims arising from a possible violation of usage, copyright, and/or reproduction licenses and bears all costs arising from such circumstances.
Confidentiality and data protection
All order-related and personal data will only be stored for as long as required by law. The transfer of personal data to third parties is excluded. However, this does not apply to public authorities such as law enforcement agencies or if there is a demonstrable legitimate interest on the part of other public authorities. Further details can be found in the privacy policy.
Additional agreements
All conditions not regulated in these General Terms and Conditions require written confirmation by the contractor.
Legal validity
Should parts or individual formulations of these General Terms and Conditions not or not completely correspond to the applicable legal situation, the remaining parts shall remain unaffected in their content and validity. The wholly or partially invalid formulations shall be replaced by a formulation that comes as close as possible to the legal meaning of the invalid formulation.
Disputes
The place of jurisdiction for all disputes arising from or in connection with contracts between the contractor and the client is the contractor's place of business. The settlement of disputes through discussion, mediation, or arbitration is preferred.
Threats of legal action by lawyers without prior notification of a legal violation will not be recognized, as this does not automatically provide the opportunity to remedy the legal violation.