Terms of Service

1. Contact Information

Please contact us via email at mail(at)arneschumann.music or through our contact form.

2. General

This document describes in detail the formal regulations to use the offered service and its limitations. It is a binding part of the contract between the involved parties.

By using THE SERVICE, you agree to be bound by these Terms and our Privacy Policy. If you are using THE SERVICE for an organization, you agree to these Terms on behalf of that organization.

THE SERVICE requires account registration. Storage space is only available via a paid subscription.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

THE SERVICE PROVIDER expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

THE SERVICE PROVIDER does not warrant that THE SERVICE will be uninterrupted, timely, secure, or error-free.

3. Roles

3.1 THE SERVICE

Built for professional audio and mixing engineers working with immersive audio formats, Mixreview lets you showcase your Dolby Atmos Mix in binaural and spatial audio with pristine quality and seamless collaboration.

3.2 THE SERVICE PROVIDER

THE SERVICE PROVIDER offers THE SERVICE to the audio/music market, especially to THE CREATOR (Audio Studios and Audio & Mixing Engineers) and their customers.

3.3 THE PLATFORM

THE PLATFORM is the technical foundation of THE SERVICE. It is a shared, web-based cloud service operated by a technically skilled cloud/data center provider (Cloudflare). On their shared services and servers, the software of THE SERVICE is installed and running. All other items required to run or connect to THE SERVICE are based on public infrastructure and are not part of THE SERVICE.

3.4 THE CREATOR

Professional audio studios and audio/mixing engineers create, mix and edit music tracks. THE CREATOR uses online access to THE PLATFORM and rents it from THE SERVICE PROVIDER.

3.5 THE CUSTOMER

Musicians, artists or producers check the results of mixes and master files created by THE CREATOR. THE CUSTOMER receives online access to specific projects from THE CREATOR.

3.6 AUTHORIZED USERS

THE CUSTOMER accesses THE SERVICE solely as an authorized user of THE CREATOR. No separate contractual relationship is established between THE CUSTOMER and THE SERVICE PROVIDER through such access.

THE CREATOR is solely responsible for granting, managing, and revoking access rights of THE CUSTOMER.

4. Use of Service

THE SERVICE allows THE CREATOR to upload and make audio content available to selected users.

All content uploaded remains the sole responsibility of THE CREATOR. THE SERVICE PROVIDER does not claim ownership of such content.

THE CREATOR represents and warrants that:

• They possess all necessary rights and permissions to upload and share the content.
• The content does not infringe any third-party rights.

By uploading content, THE CREATOR grants THE SERVICE PROVIDER a limited, non-exclusive, revocable license to host, process, and make the content accessible solely for the purpose of operating THE SERVICE.

THE SERVICE PROVIDER is not responsible for actions taken by THE CREATOR or THE CUSTOMER, including public sharing of content.

THE CREATOR is fully responsible for all actions and omissions of THE CUSTOMER and any other authorized users within projects created by THE CREATOR.

Any act or omission of an authorized user shall be attributed to THE CREATOR.

THE SERVICE PROVIDER shall not be liable for any interaction, communication, dispute, or misuse of content between THE CREATOR and THE CUSTOMER.

5. Copyright Disclaimer

THE SERVICE functions solely as a hosting and access platform.

THE SERVICE PROVIDER does not distribute copyrighted works independently and does not assume responsibility for rights management of uploaded materials.

Any copyright claims must be directed to the uploading THE CREATOR.

6. Indemnity

THE CREATOR agrees to indemnify and hold harmless THE SERVICE PROVIDER from any claims arising out of or in connection with:

• Content uploaded or shared
• Violation of these Terms
• Actions of THE CUSTOMER or other authorized users
• Violation of third-party rights
• Misuse of THE SERVICE

7. Subscriptions and Payment

Access to storage and certain features requires a paid subscription.

Subscription pricing and conditions are defined on the website or ordering interface at the time of purchase.

Unless otherwise stated:

• Subscriptions are billed on a monthly basis, starting from the date of the initial payment. Each billing period is 30 days.
• Subscriptions renew automatically at the end of each billing period.
• Cancellation must be submitted before the start of the next billing period. Access continues until the end of the current paid period.
• Payments are non-refundable except where required by law.

8. Modification of Service

THE SERVICE PROVIDER may modify or discontinue THE SERVICE (or parts of it) at any time.

Reasonable efforts will be made to provide notice in case of significant changes.

THE SERVICE PROVIDER is not liable for modifications, suspension, or discontinuation.

9. Modifications to Terms

THE SERVICE PROVIDER may update or amend these Terms from time to time for legal, technical, or commercial reasons.

For THE CREATOR, updated Terms shall become effective only upon explicit acceptance. If THE CREATOR does not accept the updated Terms, access to THE SERVICE may be suspended or terminated at the end of the current billing period.

THE SERVICE PROVIDER will inform THE CREATOR about material changes prior to their effective date.

For authorized users (THE CUSTOMER), continued use of THE SERVICE after being presented with updated Terms constitutes acceptance of such Terms.

10. Availability

THE SERVICE PROVIDER strives to provide great user experiences; however, as the web is a distributed network, not every factor involved within providing a web application is under the control of THE SERVICE PROVIDER. Therefore, there are no warranties, either express or implied, about THE SERVICE and its availability.

In case of a substantial outage caused by fault of THE SERVICE PROVIDER, there will be a reimbursement equal to the time paid for but not usable. If THE CREATOR encounters that THE SERVICE does not work as intended, please contact mail(at)arneschumann.music or use the contact form.

11. Disclaimer of Warranties

To the maximum extent permitted by law:

THE SERVICE is provided without warranties of any kind, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement

THE SERVICE PROVIDER does not warrant that:

• THE SERVICE will be uninterrupted or error-free
• Results obtained will be accurate or reliable
• Errors will be corrected

12. Limitation of Liability

To the maximum extent permitted by law:

12.1

THE SERVICE PROVIDER shall be liable without limitation for:

• Intentional misconduct
• Gross negligence
• Injury to life, body, or health
• Liability under mandatory statutory provisions

12.2

In cases of simple negligence, THE SERVICE PROVIDER shall only be liable for the breach of essential contractual obligations (cardinal obligations). In such cases, liability shall be limited to the foreseeable damage typical for this type of contract.

12.3

THE SERVICE PROVIDER shall not be liable for:

• Loss of profits
• Loss of revenue
• Loss of business opportunities
• Reputational damage
• Indirect or consequential damages

even if THE SERVICE PROVIDER has been advised of the possibility of such damages.

12.4

Liability for loss of data shall be limited to the typical restoration costs that would have occurred if proper and regular backup copies had been made by THE CREATOR.

12.5

THE SERVICE PROVIDER's total aggregate liability arising out of or in connection with THE SERVICE shall in all cases be limited to the total fees paid by THE CREATOR in the twelve (12) months preceding the event giving rise to the claim.

In any case, total liability shall not exceed EUR 5,000.

13. Data Protection

Processing of personal data is governed by the Privacy Policy and applicable data protection laws, including the GDPR where applicable.

Where THE SERVICE PROVIDER processes personal data on behalf of THE CREATOR within the meaning of Art. 28 GDPR, the Data Processing Agreement (DPA) forms an integral part of these Terms.

By accepting these Terms, THE CREATOR also accepts the Data Processing Agreement.

In case of conflict between the DPA and these Terms, the DPA shall prevail with regard to data protection matters.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany.

Exclusive place of jurisdiction, to the extent legally permissible, is Berlin, Germany.

These Terms apply exclusively to business users. Mandatory statutory provisions that cannot be excluded by law remain unaffected.

15. Use by Business Customers Only

THE SERVICE is intended exclusively for entrepreneurs within the meaning of § 14 German Civil Code (BGB).

Consumers within the meaning of § 13 BGB are excluded from using THE SERVICE.

16. Third-Party Infrastructure

THE SERVICE relies on third-party infrastructure and hosting providers, including but not limited to cloud, storage, database, and content delivery services.

THE SERVICE PROVIDER shall not be liable for outages, interruptions, security incidents, data breaches, or data loss originating from such third-party providers, provided that such providers were selected with reasonable care.

THE SERVICE PROVIDER does not control and is not responsible for the internal security architecture of third-party infrastructure providers.

The use of reputable cloud providers shall constitute reasonable care within the meaning of this clause.

17. No Guarantee of Absolute Security

While reasonable technical and organizational measures are implemented, no system connected to the internet can be guaranteed to be completely secure.

THE SERVICE PROVIDER does not warrant or guarantee protection against unauthorized access, hacking, data breaches, cyberattacks, or other security incidents.

THE CREATOR acknowledges that uploading unreleased or commercially sensitive material is done at their own risk.

18. Creator Backup Responsibility

THE CREATOR is solely responsible for maintaining independent backup copies of all uploaded content.

THE SERVICE does not replace professional archival or backup systems.

THE SERVICE PROVIDER shall not be liable for loss of content beyond the retention period defined in the Privacy Policy.

19. Security Incidents and Data Breaches

In the event of a security incident affecting THE SERVICE, THE SERVICE PROVIDER will take commercially reasonable steps to investigate and mitigate the impact.

Liability for damages resulting from security incidents is subject to the limitation of liability set forth in Section 12 of these Terms.