Terms and Conditions

These general terms and conditions apply to all offers of Marcel Schönfelder, including the advertising campaigns of GetMusicAds (see § 20).

Convenience translation: The contract language is German. Only the German version (AGB) is legally binding; this English translation is provided for information only (see § 2 (4)).

Part A · General Provisions

§ 1 · Provider, Scope, Order of Precedence

(1) Provider: The provider and contracting party is Marcel Schönfelder, sole proprietor, Chemnitzer Straße 115, 01187 Dresden, Germany, phone: +49 351 46926111, mobile and WhatsApp: +49 156 78536742, email: marcel@schoenfelder-edv.de, VAT ID: DE311603998 (hereinafter the “Provider”). The Provider operates under the umbrella brand Schönfelder Group (schoenfelder-group.de) and under the following names and websites:

• Schönfelder EDV (schoenfelder-edv.de): IT service, support, networks, servers, websites, SEO
• Webseite erstellen Dresden (webseite-erstellen-dresden.de): website packages
• Deine Restaurant-Homepage (deine-restaurant-homepage.de): websites for restaurants and hospitality
• Speisekarte OnQR (speisekarte-onqr.de): digital menus
• WordPress Update (wordpressupdate.de): maintenance of WordPress websites
• GetMusicAds (getmusicads.com): advertising campaigns for music
• Passwortheld (passwortheld.de): setup and maintenance of password vaults on the Customer's servers
• Schönfelder Entertainment (schoenfelder-entertainment.de): music releases

Irrespective of the name used, the contracting party is always the Provider.

(2) Scope: These General Terms and Conditions (“Terms”) apply to all contracts between the Provider and its customers (“Customer”) for the services offered under the names listed above. Part A applies to all contracts. Part B contains supplementary provisions for individual service areas. Part C applies to consumers only. Part D contains the final provisions and applies to all contracts.

(3) Consumers and businesses: A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 German Civil Code, BGB). A business is a natural or legal person or a partnership with legal capacity that, when concluding the contract, acts in the exercise of its trade, business or profession (Section 14 BGB). Provisions that apply only to consumers or only to businesses are marked as such.

(4) Offers for businesses only: The following offers are aimed exclusively at businesses; no contracts are concluded with consumers through them: Webseite erstellen Dresden, Deine Restaurant-Homepage, Speisekarte OnQR and Passwortheld. When booking, the Customer confirms that they are acting as a business. The Provider may request suitable proof (e.g. business registration, VAT identification number) and may reject the booking if the Customer is a consumer.

(5) Order of precedence: The following apply in this order: (a) individual agreements in text form, (b) the offer, the order confirmation or the service description on the respective website at the time of booking, (c) Part B of these Terms for the service area concerned, (d) Part A of these Terms, (e) the statutory provisions.

(6) Third-party terms: In relation to businesses, only these Terms apply. Deviating terms and conditions of the Customer only become part of the contract if the Provider expressly agrees to them in text form.

(7) The version of the Terms valid at the time the contract is concluded is authoritative.

§ 2 · Conclusion of Contract

(1) The presentation of services on the websites, in price lists or in advertising material does not constitute a binding offer but an invitation to submit an offer. The Provider's offers are subject to change unless they are expressly designated as binding or contain a period for acceptance.

(2) Contract following an offer or enquiry: The contract is concluded by an order confirmation from the Provider in text form (e.g. by email) or by the start of performance. The Provider confirms orders placed orally or by telephone in text form.

(3) Online booking: For services booked via buttons on the websites and paid via the payment service provider Stripe, the Customer submits a binding offer by completing the payment process. The payment confirmation from Stripe does not yet constitute acceptance. The contract is concluded when the Provider confirms the booking in text form or begins performance, but no later than five working days after the booking, unless the Provider rejects it beforehand. If the Provider rejects a booking, it refunds amounts already paid without undue delay via the payment method used and ends any running subscription.

(4) Information on concluding contracts online: Before completing the payment process, the Customer can review and correct their details on the payment page. The Customer can view and save the package description and these Terms on the respective website before booking. The Provider does not store the contract text in a form separately accessible to the Customer; the confirmation and the payment receipt are sent by email. The contract language is German. Translations of these Terms are provided for information only.

(5) If the Customer accepts an offer from the Provider with amendments, this constitutes a new offer by the Customer.

§ 3 · Scope of Services and Types of Contract

(1) The scope of services results from the offer, the order confirmation or the service description on the respective website at the time of booking.

(2) Work services: The creation of websites, software and advertising material as well as the initial set-up of systems and clearly defined individual orders with a defined result are contracts for work within the meaning of Sections 631 et seq. BGB. They are subject to acceptance (§ 6).

(3) Services: Support, remote maintenance, ongoing maintenance and care, administration, consulting, training, search engine optimisation and the management of advertising campaigns are services within the meaning of Sections 611 et seq. BGB. What is owed is professional performance in accordance with the recognised rules of technology, not a specific result.

(4) Provision of software and storage space: Hosting and the provision of software for use via the internet (software as a service) are additionally governed by the provisions on rental (Sections 535 et seq. BGB).

(5) Choice of means: The Provider selects the techniques, tools, programs and components used at its professional discretion, for example whether a website is built by hand in HTML/CSS or with a content management system such as WordPress, provided the agreed result is not impaired. Open-source components may be used.

(6) Change requests: Changes to or extensions of the agreed scope of services require an agreement in text form. Additional work is charged at the agreed hourly rate or, failing that, at the Provider's hourly rate applicable at the time. Deadlines are extended accordingly.

(7) Advertising statements: The quality owed results from the service description. General advertising statements, examples, mock-ups and target figures (for example on loading times or completion times) do not constitute an agreement on quality or a guarantee unless they have been expressly agreed as such.

(8) No legal advice: The Provider does not provide legal or tax advice. It integrates legal texts such as the legal notice, privacy policy or allergen labelling technically. The Customer is responsible for the correctness of their content.

§ 4 · Customer's Obligations to Cooperate

(1) The Customer provides all information, content (in particular texts, images, logos, music, videos, menus and prices), access (e.g. to servers, hosting, domain management, WordPress or advertising accounts) and approvals required for the service in good time, completely and free of charge. The Customer keeps access data provided to them confidential.

(2) Rights to content: The Customer ensures that the content they supply is free from third-party rights or that they hold the necessary rights of use, and that it does not violate applicable law, in particular copyright, trademark, competition, food, youth protection and data protection law. If the Customer is a business, they indemnify the Provider against third-party claims based on a breach of this obligation, including reasonable costs of legal defence. In relation to consumers, this applies only to the extent that they are responsible for the breach.

(3) Data backup: The Customer is responsible for regularly backing up their own data unless data backup has been expressly agreed as a service of the Provider. Before any work on production systems, the Customer backs up their data unless the Provider has taken on this task.

(4) Where necessary, the Customer names a contact person who can make decisions and give approvals.

(5) Consequences of lack of cooperation: If the Customer fails to fulfil obligations to cooperate, deadlines and time limits are extended by the duration of the delay plus a reasonable restart period. The Provider may charge separately for additional work caused as a result. If the Customer does not fulfil an obligation to cooperate despite a reasonable deadline having been set, the Provider may terminate the contract for good cause.

(6) Interventions: Interventions by the Customer or third parties commissioned by the Customer in systems created or maintained by the Provider exclude claims for defects for faults caused by them, unless the Customer proves that the defect would also have occurred without the intervention.

§ 5 · Prices and Payment

(1) The prices stated in the offer, the order confirmation or the service description at the time of booking apply. Services without a fixed price are charged at the hourly rate applicable at the time.

(2) VAT: In relation to consumers, all prices are final prices including statutory VAT. In relation to businesses, prices are exclusive of statutory VAT unless they are expressly marked as final prices “incl. VAT”.

(3) Billing by time spent: Each quarter hour started is rounded up to a full quarter hour. Travel and flat fees are charged according to the price list applicable at the time. On request, the Customer receives a record of the work performed.

(4) Fixed prices: Fixed prices apply to the scope of services described. Additional services, in particular as a result of subsequent change requests, are charged by time spent.

(5) Advance payment and instalments: The Provider may request a reasonable advance payment before starting the service; for work services exceeding €1,000 net, a down payment of up to 50% and instalment payments in accordance with Section 632a BGB. For online bookings, the remuneration is due in advance upon booking.

(6) Recurring remuneration: Recurring fees (e.g. monthly fees) are due in advance for the respective billing period and, for online bookings, are collected via Stripe.

(7) Invoices: Invoices are sent in text form, usually as a PDF by email, and are payable without deduction within 10 days of the invoice date unless otherwise agreed.

(8) Late payment: Statutory default interest applies. In relation to businesses, the lump sum under Section 288 (5) BGB is also payable. For ongoing services, after a reminder with a reasonable deadline, the Provider may withhold the service until arrears have been settled, for example pause a website or campaign, unless this would be disproportionate.

(9) Price adjustment (businesses only): In relation to businesses, the Provider may adjust prices for ongoing services with six weeks' notice in text form, no more than once per calendar year and not before the end of an agreed minimum term. In the event of any increase, the Customer may terminate the contract with effect from the date the increase takes effect; the notice will point this out. In relation to consumers, prices of ongoing contracts only change with their express consent.

(10) Set-off: Businesses may only set off claims that are undisputed, have been finally established by a court or arise from the same contract. They may only assert a right of retention on the basis of claims arising from the same contract. The statutory rules apply to consumers.

(11) Payment service provider: Online payment is processed via Stripe. Where Stripe or its service Link acts as seller or reseller in the payment process, its terms for payment processing also apply; the contracting party for the service remains the Provider.

§ 6 · Deadlines, Time Limits and Acceptance

(1) Deadlines and time limits are only binding if they are expressly designated as binding in text form. Processing times stated on the websites are targets. Time limits begin at the earliest when the Customer has provided all required cooperation.

(2) Force majeure: Force majeure and other events for which the Provider is not responsible (e.g. illness, official measures, widespread power or internet outages, attacks on the infrastructure, outages of data centres, domain registrars or advertising platforms) extend deadlines by the duration of the impediment. The Provider informs the Customer without undue delay.

(3) Acceptance: The Provider notifies the Customer in text form of the completion of a work service and makes it available for inspection (e.g. at a preview address). The Customer inspects it within 14 days and either declares acceptance or refuses it in text form, stating the specific defects. If neither happens within this period, the service is deemed accepted; in relation to consumers, this applies only if the Provider pointed out this consequence in the notice of completion. Insignificant defects do not entitle the Customer to refuse acceptance.

(4) The service is deemed accepted at the latest when a website is activated under the live domain or a service is used productively at the request or with the consent of the Customer. Self-contained partial services may be accepted separately.

§ 7 · Term and Termination

(1) Contracts for one-off work services end upon complete performance, acceptance and payment.

(2) Ongoing contracts: Contracts for ongoing services (e.g. hosting, maintenance, software subscriptions, advertising campaigns) run for an indefinite period and may be terminated by either party with one month's notice to the end of a month, unless Part B or the offer provides otherwise.

(3) Minimum term: If a minimum term has been agreed, ordinary termination is possible for the first time at the end of that term with one month's notice. Thereafter, the contract continues for an indefinite period and may be terminated with one month's notice. In relation to consumers, a minimum term is no longer than 24 months.

(4) Form: Notices of termination must be given in text form; an email is sufficient. Consumers who concluded a contract via a website may also use the cancellation button provided there (Section 312k BGB).

(5) Termination for good cause: The right to extraordinary termination remains unaffected. Good cause exists for the Provider in particular if the Customer is in arrears with two monthly fees or a corresponding amount, breaches material obligations to cooperate despite a warning, or uses the services for unlawful content or purposes and does not stop doing so despite being requested to.

(6) Consequences of termination: When the contract ends, the ongoing services and the use of infrastructure and software provided end. The Provider may delete stored content and data 30 days after the end of the contract; it informs the Customer of this in text form beforehand. The Provider supports a move to another provider in return for payment for the time spent.

§ 8 · Rights of Use

(1) Works created by the Provider (in particular source code, designs, texts, videos and advertising material) are protected by copyright. The Customer receives rights of use only in accordance with this section and Part B.

(2) Works paid for once: Upon full payment, the Customer receives a non-exclusive right, unlimited in time and territory, to use the work for the agreed purpose, to reproduce it and to adapt it for their own purposes. Until full payment, use is only permitted for testing purposes.

(3) Services paid on an ongoing basis: For software, hosting and packages with monthly payment, the Customer receives the right of use only for the duration of the contract unless Part B provides otherwise.

(4) Exclusive rights of use require a separate agreement. Pre-existing building blocks, templates and programs of the Provider, or those developed independently of the order, remain its property; the Customer receives a non-exclusive, non-transferable right to use them for the agreed purpose.

(5) Source code: The source code only has to be handed over if this has been agreed or results from Part B.

(6) Third-party software: Open-source components are subject to their licence terms. Paid licences for third-party software (e.g. premium plugins or themes) that the Provider acquires in its own name are only made available for shared use for the duration of an ongoing contract. The Customer may acquire their own licences.

(7) Customer content: The Provider does not acquire ownership of the Customer's content. It may use such content only to perform the contract, including the editing and publication required for advertising campaigns (Part B § 20).

(8) References: The Provider may name services performed as references and place a discreet author credit on websites. The Customer may object to this in text form.

§ 9 · Claims for Defects

(1) For work services and purchase contracts, the statutory rights in respect of defects apply subject to the following. The Provider first provides subsequent performance. Defects must be reported in text form with a comprehensible description.

(2) Limitation period for businesses: Claims for defects by businesses become time-barred one year after acceptance or delivery, and six months after delivery for used hardware. This does not apply in cases of intent, gross negligence, injury to life, body or health, or fraudulently concealed defects.

(3) Consumers: In relation to consumers, the statutory rights and time limits for defects apply, for digital products including Sections 327 et seq. BGB.

(4) There is no defect if a fault is caused by interventions of the Customer or third parties, by content or specifications supplied by the Customer, by the Customer's technical environment or by errors in third-party software and third-party services (e.g. WordPress, plugins, browsers, advertising platforms), unless the Provider is at fault in selecting or using them.

(5) For services, Sections 280 et seq. BGB apply in the event of poor performance.

§ 10 · Liability

(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, where it has given a guarantee, and under the German Product Liability Act.

(2) In cases of simple negligence, the Provider is only liable for the breach of material contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.

(3) Maximum amount (businesses only): In relation to businesses, liability under paragraph 2 is additionally limited to the amount of the remuneration agreed for the respective service, for ongoing services to the remuneration for one contract year, but at least €5,000 and no more than €50,000 per claim.

(4) Data loss: The Provider is only liable for data loss to the extent that the loss would also have occurred if the Customer had backed up their data properly and regularly, unless data backup has been agreed as a service of the Provider. This does not apply in the cases of paragraph 1.

(5) Third parties: The Provider is only liable for outages and decisions of third-party providers (e.g. data centres, network operators, domain registrars, payment service providers, Meta, Google, Spotify) if it is itself at fault.

(6) No result owed: Liability for particular search engine rankings, visitor, listener or stream numbers, playlist placements, revenues or other economic results is excluded unless these have been expressly guaranteed.

(7) Claims for damages by businesses become time-barred twelve months after knowledge or grossly negligent ignorance, except in the cases of paragraph 1.

(8) The limitations of liability also apply in favour of the Provider's vicarious agents.

§ 11 · Service Hours and Availability

(1) Service hours are Monday to Friday from 8 a.m. to 6 p.m. (German time), excluding public holidays in Saxony as well as 24 and 31 December. Availability around the clock is not owed unless expressly agreed.

(2) The Provider responds to fault reports sent by email to marcel@schoenfelder-edv.de during service hours, usually within eight hours (confirmation and start of analysis). No specific resolution time is promised unless the service description provides otherwise.

(3) For hosted systems and software provided, the Provider aims for an availability of at least 97% on an annual average. This is a best-efforts obligation, not a guarantee. Announced maintenance work, urgent security measures, faults in third-party infrastructure, attacks by third parties, faults caused by the Customer and force majeure are not counted.

(4) Routine updates and security patches are carried out without separate notice. Where possible, the Provider announces major maintenance work involving longer interruptions 48 hours in advance.

§ 12 · Confidentiality

(1) Both parties treat all confidential information of the other party obtained in the course of the contract, in particular trade secrets, access data and customer data, as confidential and use it only to perform the contract.

(2) This does not apply to information that is or becomes generally known, was already known to the receiving party, was lawfully obtained from third parties or must be disclosed due to a legal or official obligation. The obligation applies during the contract and for three years thereafter, and without time limit for access credentials and trade secrets.

§ 13 · Data Protection and Processing on Behalf

(1) Both parties comply with the applicable data protection provisions, in particular the GDPR and the German Federal Data Protection Act (BDSG). The processing of the Customer's contract data by the Provider is explained in the privacy policy of the respective website.

(2) If the Provider processes personal data for which the Customer is the controller (e.g. for hosting, maintenance, remote maintenance or operating software for the Customer), the parties conclude a data processing agreement in accordance with Art. 28 GDPR. To that extent, it takes precedence over these Terms. The Provider does not undertake such processing before it has been concluded.

(3) The Customer provides and is responsible for the privacy policy and other mandatory information on the Customer's website or menu.

§ 14 · Subcontractors

The Provider may use suitable third parties (e.g. freelancers, data centre operators). It remains responsible for their services as for its own and obliges them to maintain confidentiality. The rules of the data processing agreement additionally apply to the processing of personal data.

Part B · Special Provisions for Individual Service Areas

§ 15 · IT Service, Support and Hardware

(1) Services: IT support, remote maintenance, set-up and support of computers, servers and networks, consulting and training are provided by time spent at the hourly rate applicable at the time or at the flat rates stated in the price list. On-site visits are charged with the respective travel flat fee.

(2) Remote maintenance: Remote maintenance only takes place with the Customer's express consent for each session. The Customer may end the connection at any time.

(3) Hardware purchase: If the Provider procures hardware on request, the provisions on purchase apply. The goods remain the property of the Provider until paid in full. Set-up and installation are only owed if agreed. A manufacturer's guarantee exists in addition to the statutory rights in respect of defects and can be asserted directly against the manufacturer.

(4) Hardware rental: If the Provider rents out hardware (e.g. NAS systems), it remains its property. The Customer treats it with care, protects it against damage, loss and unauthorised access and returns it in full at the end of the contract. The Customer is responsible for data on the rented item; the Provider deletes it after its return. Details are governed by the respective rental agreement.

§ 16 · Creation of Websites

(1) Scope: The scope of a website results from the offer or the package description at the time of booking, in particular from the number of pages and the functions listed. If the Customer chooses the package recommended on an industry page, the building blocks described there as included also form part of the scope of services.

(2) Corrections: The rounds of corrections stated in the package description are included, otherwise up to two rounds of corrections after presentation of the draft. Further changes are charged in accordance with § 3 (6).

(3) Content: The Customer supplies texts, images, logos and menus. The Provider provides reasonable support with wording and technically prepares supplied images. The creation of extensive texts, professional photography and the licensing of image material are only included if the package description provides for this.

(4) Completion: The stated completion times begin when all content is available and the Customer has approved the concept.

(5) Hosting and domain: Hosting, domain and ongoing maintenance are only included if the package description provides for this. New domains are registered in the Customer's name where possible. If the website is set up on the Customer's web space, the Customer provides the required access and bears the costs of their hosting provider.

(6) Handover: For packages with a one-off payment, the Provider hands over the access data or the website files after acceptance and full payment. A move to another provider is then possible at any time.

(7) Support after completion: If time-limited support is included (e.g. “support for 30 days”), it covers questions about use and the correction of minor errors by email or telephone from completion, but no new content or functions.

(8) Package change: An upgrade to a larger package is possible at any time. For one-off payments, the difference to the price of the larger package must be paid.

§ 17 · Website Packages with Monthly Payment (Webseite erstellen Dresden)

(1) Services: With monthly payment, the Provider creates the website in accordance with the package description and operates it during the term of the contract. Included are hosting on servers in Germany, SSL certificate, technical maintenance (updates and security patches) and minor content changes (e.g. replacing texts, images or opening hours) to a reasonable extent. New pages, new functions and redesigns are not included. Data backups are not included.

(2) Minimum term: The contract has a minimum term of 24 months from conclusion of the contract. It may be terminated for the first time with one month's notice to the end of the minimum term, thereafter with one month's notice to the end of a month.

(3) Payment: The payment obligation begins upon conclusion of the contract, regardless of the time of completion. If the Provider terminates for good cause due to late payment, it may claim the monthly fees outstanding until the end of the minimum term, less expenses saved, as damages; the Customer remains free to prove that the damage was lower.

(4) Right of use: The website remains with the Provider during the term of the contract. For the duration of the contract, the Customer receives a non-exclusive right to use it for their business operations.

(5) Takeover against a buy-out payment: The Customer may take over the website at the end of the contract by requesting this in text form no later than the end of the contract. The buy-out payment amounts to the one-off price of the booked package at the time of booking less the monthly fees paid up to then; if these exceed the one-off price, no buy-out payment is due and no refund is made. Upon payment of the buy-out, the Customer receives the rights under § 8 (2) as well as the files and database of the website. Licences under § 8 (6) are not included. If the Customer does not take over the website, the Provider takes it offline after the end of the contract.

(6) Package change: An upgrade to a larger package is possible at any time; the new monthly fee applies from the following billing month, and the minimum term remains unchanged. A downgrade to a smaller package is only possible after the minimum term has expired.

§ 18 · Hosting, Maintenance and WordPress Care

(1) Services: The scope and frequency of updates, security measures, monitoring and data backups result from the service description of the respective package. If data backup is included, the intervals, storage volumes and retention periods stated there apply; additional storage is charged according to the price list.

(2) Updates: The Provider installs updates for the core system, plugins and themes professionally and checks that the website is working to the usual extent. It gives no guarantee that third-party software is free of errors and compatible (§ 9 (4)).

(3) Restoration: If restoration from the data backup is part of the package, the Provider restores the latest available backup. The times stated in the service description apply within service hours. The removal of malware and dealing with the causes of an attack are only included if the service description provides for this.

(4) Access: The Customer provides the required access (e.g. WordPress administrator, SFTP, database, hosting management) and informs the Provider of any changes.

(5) Free trial period: If the Provider offers a free first month or another free trial period, it is free of charge for the Customer. If the Customer does not cancel before it expires, the contract continues thereafter at the stated price and may be terminated with one month's notice to the end of a month. The Provider reminds the Customer in text form in good time before the trial period expires that the payment obligation is about to begin. Each Customer and website is entitled to one trial period only.

(6) End of contract: At the end of the contract, the Provider removes its tools and access from the Customer's website. The website itself remains with the Customer.

(7) Password vaults (Passwortheld): With Passwortheld, the Provider sets up the vault software on a server rented by the Customer and keeps it up to date within the scope of the service description. For ongoing maintenance, the Provider owes professional performance of its work, not a specific result and not a specific availability; § 11 (3) does not apply. The server is not a service of the Provider. The Customer is responsible for renting, operating, the availability of and backing up the server; the contract for it exists solely between the Customer and the data centre. The Provider backs up neither the server nor the vault data. Before updates of the vault software, it merely creates an automatic copy of the vault data on the same server so that a failed update can be rolled back; this copy is not a backup. Only if the backup package has been booked does the Provider back up the vault data to the extent described there and restore it from that backup. Without the backup package, the Customer backs up the data themselves outside the server, at least once a week (§ 4 (3)), because updates are installed without notice (§ 11 (4)). In that case the Provider is not liable for data loss that such a backup would have prevented; § 10 (1) remains unaffected. The Provider cannot view the contents of the vault and cannot reset master passwords. Support is charged on a time-and-effort basis. At the end of the contract, the server and all data remain with the Customer.

§ 19 · Software for Use via the Internet (Speisekarte OnQR)

(1) Service: The Provider makes a digital menu with an editing area available to the Customer for use via the internet, including the set-up, design and service work stated in the package description. The menu is operated under a subdomain of the Provider or, if agreed, on a server of the Customer. An ordering or payment function for guests is only included if the package description expressly provides for it.

(2) Term: Unless the package states a minimum term, the contract runs for an indefinite period and may be terminated with one month's notice to the end of a month (§ 7 (2)).

(3) Content and mandatory information: The Customer is responsible for all content of their menu, in particular for the correctness and completeness of prices, allergens, additives and other mandatory food law information, as well as for the rights to images. If the Provider enters the content, it does so on the basis of the Customer's information; the Customer checks the result before activation. The Provider provides the technical means for labelling but does not check the information from a legal perspective.

(4) Further development: The Provider may further develop the software and change functions, provided the agreed core functions are retained and the change is reasonable for the Customer.

(5) Customer's obligations: The Customer keeps their access data confidential and does not publish unlawful content or malicious code via the editing area.

(6) Table stands and printed products: The provisions on purchase or on contracts for the delivery of goods to be produced apply to table stands and other printed products. Delivery time and shipping costs result from the offer. The Customer reports obvious transport damage and defects without undue delay after receipt (Section 377 German Commercial Code, HGB). The risk passes to the Customer upon handover to the shipping service provider.

(7) After the end of the contract, the menu is deactivated. On request, the Customer receives an export of their content before the end of the contract.

§ 20 · Advertising Campaigns for Music (GetMusicAds)

(1) Service: The Provider plans and manages advertising campaigns for the Customer's music tracks on third-party advertising platforms, in particular Instagram and Facebook (Meta). Depending on the package, this includes setting up the campaign, creating advertising material (e.g. short videos), audience selection, ongoing optimisation and the provision of reports. The advertising budget stated in the package description is included in the price and is used by the Provider for the campaign.

(2) No specific result: What is owed is the professional planning and execution of the campaign. Specific numbers of listeners, followers or streams, reach, playlist placements or revenues are not owed and are not guaranteed. Statements such as “up to … listeners per day” are non-binding values based on experience. Actual results depend in particular on the algorithms and policies of the platforms, on competition and on the track itself.

(3) Platform policies: Adverts are subject to the policies of the respective platform. If a platform rejects an advert or restricts its delivery, the Provider adapts the campaign where possible. There is no entitlement to the delivery of particular adverts.

(4) Rights: The Customer warrants that they hold the rights required for advertising purposes to the promoted track, the cover and all content supplied, including the rights of the authors, performers and labels involved. For the duration of the campaign, the Customer grants the Provider the right to edit this content for advertising material and to publish it on the platforms. Third-party image, video and music material used by the Provider is used only for the campaign within the scope of the respective licence.

(5) Term and pauses: Campaigns run on a monthly basis and may be terminated with one month's notice to the end of a month, unless the package description provides for a shorter period. Pauses and changes of track are possible with at least two working days' notice; a pause does not extend the paid period unless otherwise agreed.

(6) Customer portal: If the Provider provides a customer portal with reports, it is for information purposes. The figures are based on data from the platforms and may differ from other statistics.

(7) Free additional offers: Free offers such as submitting tracks for playlists are provided without any entitlement to review or inclusion and may be discontinued at any time.

(8) Currency: Prices apply in the currency stated on the website. In the case of payment in another currency, the Customer bears any conversion fees charged by their payment provider.

Part C · Provisions for Consumers

§ 21 · Right of Withdrawal

(1) Consumers have a right of withdrawal in accordance with the following instructions for contracts concluded at a distance or outside business premises.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. For contracts for the delivery of goods, the withdrawal period is fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Marcel Schönfelder, Schönfelder EDV, Chemnitzer Straße 115, 01187 Dresden, Germany, phone: +49 351 46926111, email: marcel@schoenfelder-edv.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

For contracts for the delivery of goods, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

End of the instructions on withdrawal

(2) Early expiry: For a contract for services, the right of withdrawal expires when the Provider has fully performed the service and only began performance after the consumer gave their express consent and at the same time confirmed their knowledge that they lose their right of withdrawal upon full performance of the contract (Section 356 (4) BGB). For contracts for digital content not supplied on a tangible medium, it expires in accordance with Section 356 (5) BGB.

(3) Exclusion: There is no right of withdrawal for contracts for the supply of goods that are made to the consumer's specifications or are clearly personalised, and for sealed software if the seal has been removed after delivery (Section 312g (2) BGB).

Model withdrawal form

If you want to withdraw from the contract, please complete and return this form.

To: Marcel Schönfelder, Schönfelder EDV, Chemnitzer Straße 115, 01187 Dresden, Germany, email: marcel@schoenfelder-edv.de

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*)

Ordered on (*) / received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.

§ 22 · Further Information for Consumers

(1) Consumer dispute resolution: The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 German Consumer Dispute Resolution Act, VSBG).

(2) Choice of law: For consumers, the choice of law in § 23 (1) applies only to the extent that it does not deprive them of the protection of mandatory provisions of the law of the country in which they have their habitual residence.

(3) The statutory places of jurisdiction apply to consumers.

Part D · Final Provisions

§ 23 · Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (for consumers, see § 22 (2)).

(2) If both parties are merchants (Kaufleute), the exclusive place of jurisdiction is Dresden (§ 38 ZPO). The Provider may also bring an action at the Customer's general place of jurisdiction. Otherwise, the statutory places of jurisdiction apply.

(3) The place of performance is Dresden unless otherwise agreed.

(4) Where these Terms require written form or text form, an email is sufficient (Section 126b BGB).

(5) Businesses may only assign claims arising from the contract with the Provider's consent in text form; Section 354a HGB remains unaffected.

(6) Changes to the Terms: The Provider may amend these Terms with effect for ongoing contracts to the extent that this is necessary due to changes in the law or technical developments and the service and remuneration are not changed to the Customer's disadvantage. The amendment is communicated in text form six weeks before it takes effect. In relation to businesses, it is deemed accepted if they do not object in text form within this period; the notice will point this out. In relation to consumers, the amendment only takes effect with their express consent. In the event of an objection, both parties may terminate with effect from the date the amendment takes effect.

(7) If individual provisions are invalid, the remainder of the contract remains valid. The invalid provision is replaced by the statutory provision.

(8) These Terms are dated 3 October 2026.

Version: 03.10.2026