Terms of Service

Section 1 - Scope and Provider

(1) These Terms of Service apply to all contracts concluded between

Jörg Harm
Meluner Str. 40
70569 Stuggart
Germany
Email: [E-Mail geschützt]
(hereinafter “Provider”)

and the User regarding the use of the SpokenEdit service.

(2) SpokenEdit is a web-based platform for collaborative review of audio files, particularly audiobooks and podcasts.

(3) Terms that deviate from these Terms of Service will not be recognized unless the Provider expressly agrees to their validity in writing.

(4) These Terms apply to both consumers and business users unless a specific clause differentiates between them. A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity (Section 13 of the German Civil Code, BGB).

Section 2 - Contract Conclusion and Registration

(1) Registration on SpokenEdit constitutes an offer by the User to conclude a usage contract. By confirming registration via email, the Provider accepts this offer. This concludes the usage contract.

(2) Registration requires providing a valid email address, a name, and a password. The User warrants that the information provided is truthful and complete.

(3) Registration is only permitted for adults with full legal capacity and legal entities.

(4) The User is obligated to keep their access credentials confidential and protect them from third-party access. In case of suspected misuse, the Provider must be informed immediately.

(5) Only one registration per person or company is permitted. The Provider reserves the right to delete multiple registrations.

Section 3 - Scope of Services

(1) SpokenEdit offers the following core features:

• Upload and management of audio files
• Creation of workspaces and projects
• Setting markers and comments in audio files
• Collaborative team review
• Versioning of audio files
• Creation of review links for guest users
• Export of marker data

(2) The service is offered in different plans:

• Free: Free basic plan with limited storage and a limited number of workspaces and projects
• Pro: Extended plan with more storage, more workspaces and projects
• Business: Plan for teams with extended storage, more workspaces and projects
• Event Ticket: One-time payment for time-limited projects (30 days access)

(3) Review features (markers, versioning, export, guest links) are identical across all plans. Plans differ solely in available storage capacity, number of workspaces and projects, and file retention period.

(4) The Provider reserves the right to expand, restrict, or modify the functionality of the service at any time, provided this is reasonable for the User. Significant restrictions to paid plans will be announced to the User with appropriate notice of at least 30 days.

(5) The Provider strives for the highest possible availability of the service but does not guarantee any specific availability. Maintenance work will be announced whenever possible.

Section 4 - Paid Services and Payment

(1) Use of the Free plan is free of charge. The Pro, Business, and Event Ticket plans are subject to the fees indicated on the website.

(2) Our order process is conducted by our online reseller Paddle.com Market Limited, 15 Briery Close, Great Oakley, Corby, Northamptonshire, NN18 8JG, United Kingdom (hereinafter “Paddle”). Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

(3) By purchasing a paid plan, a purchase contract is established between the User and Paddle. Paddle issues invoices, collects statutory sales tax, and processes refunds. The Paddle Terms and Conditions apply additionally to the purchase contract. The Provider remains the contractual partner for the provision and delivery of the SpokenEdit service.

(4) For subscription plans (Pro, Business), billing is in the chosen billing interval (monthly or yearly) in advance. Subscriptions renew automatically for the respective billing period unless cancelled before expiry. The Event Ticket is billed as a one-time payment.

(5) All prices displayed on the website are final prices. The Provider is a small business pursuant to § 19 of the German VAT Act (UStG) and does not charge or show VAT. Billing to the customer is handled by Paddle as reseller (Merchant of Record). Paddle may charge applicable VAT depending on the customer's location. The final price including all taxes and fees is displayed by Paddle before completing the order.

(6) The Provider reserves the right to change prices. Price changes apply only to future billing periods. Price increases will be communicated to the User at least 30 days before they take effect. In this case, the User has a special right of termination at the time of the price change.

(7) Available payment methods are displayed during the checkout process by Paddle. Payment data is processed exclusively by Paddle; the Provider has no access to the User's payment data.

Section 5 - User Obligations

(1) The User agrees to use the service only within the scope of applicable laws and these Terms of Service.

(2) The User may not upload, store, or share content that:

• Violates applicable law
• Infringes the rights of third parties (particularly copyrights)
• Is harmful to minors, pornographic, or glorifies violence
• Is insulting, defamatory, or discriminatory
• Contains malware or other harmful content

(3) The User is responsible for all content they upload or create through their account. They warrant that they have all necessary rights to the uploaded content.

(4) The User is obligated to keep their contact information up to date.

Section 6 - Rights to Content

(1) All content uploaded by the User remains the property of the User. The Provider does not acquire any rights to this content.

(2) The User grants the Provider the right to store, process, and transmit the uploaded content to authorized users (e.g., team members, guests with review links) to the extent necessary. This grant of rights is limited to the contract term and ends with the deletion of the account or the respective content.

(3) The Provider will not use the User's content for its own purposes, for training purposes, or share it with unauthorized third parties.

Section 7 - Liability

(1) The Provider is liable without limitation for damages resulting from injury to life, body, or health, as well as for damages based on intent or gross negligence.

(2) In case of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations). In these cases, liability is limited to the foreseeable, contract-typical damage.

(3) For the free Free plan, liability for slight negligence is limited to cases of intent and gross negligence. This limitation does not apply to damages resulting from injury to life, body, or health.

(4) The Provider is not liable for the loss of data insofar as the damage is due to the User's failure to perform data backups and thereby ensure that lost data can be restored with reasonable effort.

(5) Liability under the Product Liability Act remains unaffected.

Section 8 - Indemnification

(1) The User shall indemnify the Provider against all claims asserted by third parties due to a violation of their rights by content posted by the User or due to other unlawful use of the service by the User.

(2) The User shall bear the costs of the necessary legal defense of the Provider, including all court and legal fees at the statutory rate. This does not apply if the User is not responsible for the rights violation.

Section 9 - Contract Term and Termination

(1) The usage contract for the Free plan is concluded for an indefinite period and may be terminated by either party at any time without giving reasons.

(2) For paid subscription plans (Pro, Business), the contract may be terminated by either party with 14 days' notice to the end of the respective billing period. Subscription cancellation can be done via the user dashboard or through the Paddle customer area.

(3) The Event Ticket expires automatically after the booked period (30 days) and does not renew.

(4) The User may delete their account at any time in the settings. Deletion terminates the usage contract. Fees already paid for the current billing period will not be refunded, unless a statutory right of withdrawal exists.

(5) The Provider is entitled to temporarily or permanently suspend the User's access if:

• The User violates these Terms of Service
• The User uses the service improperly
• There is reasonable suspicion of unlawful use
• The User is in arrears with payments

(6) The right to extraordinary termination for good cause remains unaffected for both parties.

(7) After termination of the contract, content uploaded by the User will be deleted within 30 days, unless statutory retention obligations apply.

Section 10 - Right of Withdrawal for Consumers

Section 11 - Data Protection

(1) Information on the processing of personal data can be found in our Privacy Policy.

(2) Payment data is transmitted to Paddle as part of the payment process. Payment data (e.g., credit card details) is processed exclusively by Paddle. For details, please refer to Paddle's Privacy Policy.

(3) If the User uses the Service as a data controller within the meaning of the GDPR and has personal data processed by the Provider, the Data Processing Agreement (DPA) applies in addition.

Section 12 - Changes to Terms of Service

(1) The Provider reserves the right to change these Terms of Service with effect for the future, provided this is reasonable for the User taking into account the interests of the Provider.

(2) The Provider will inform the User of changes to the Terms of Service by email or upon the next login. Changes will be highlighted in comparison to the previous Terms.

(3) If the User does not object to the changed Terms of Service within 30 days of receipt of the notification, the changed Terms of Service shall be deemed accepted. The Provider will specifically inform the User in the notification about the significance of the 30-day period, the right to object, and the legal consequences of silence.

(4) In case of objection, the Provider is entitled to terminate the contractual relationship with ordinary notice.

Section 13 - Online Dispute Resolution and Consumer Arbitration

(1) The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/.

(2) The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Section 14 - 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 with habitual residence in another EU member state, the mandatory consumer protection provisions of that member state shall remain unaffected.

(2) If the User is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the Provider's place of business. The Provider is also entitled to bring action at the User's general place of jurisdiction.

(3) Should individual provisions of these Terms of Service be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory regulation.

(4) The contract language is German. An English translation serves informational purposes only; in case of doubt, the German version shall prevail.