Terms of Service

1. Scope of Application

(1) These Terms of Service (hereinafter “Terms”) apply to all contracts between JamBench, operated by KickBench UG (haftungsbeschränkt), Mühlerweg 8, 81243 München, Germany, HRB 310659, represented by Managing Director Damir Abdic (hereinafter “Provider”), and the user (hereinafter “User”) regarding the use of the JamBench platform.

(2) JamBench is a practice tracking platform for musicians that enables users to document practice time, track learning goals, and measure personal progress.

(3) Any deviating, conflicting, or supplementary terms of the User shall not become part of the contract unless their validity is expressly agreed to in writing.

2. Registration & Contract Formation

(1) The use of JamBench requires registration. By registering, the User submits an offer to conclude a user agreement.

(2) The contract is concluded when the Provider confirms the registration by activating the user account.

(3) The User must provide truthful information during registration and is obligated to keep their data up to date.

(4) Registration is only permitted for persons of legal age (18 years or older). The Provider reserves the right to request proof of age.

(5) The User is obligated to keep their access credentials confidential and protect them from third-party access.

3. Service Description

(1) JamBench offers the following core features:

• Documentation of practice times and activities
• Management of learning goals and repertoire
• Tracking of practice progress and streaks
• A curated library of songs with structural metadata (BPM, key, time signature, sections), enriched by embedded YouTube videos from authorized sources
• A feature to add personal YouTube videos to the User's private practice library
• Practice tools (looping, speed adjustment, section-based practicing)
• Metronome and scale training based on song metadata
• Automated song metadata detection (title, artist, BPM, key) via AI-assisted processing, using Anthropic Claude as an external service

(1a) AI-assisted metadata detection may use a YouTube video title fetched at request time to infer JamBench song title, artist, BPM, and key. Those inferred JamBench fields are stored as the User's library identity. The raw YouTube title and channel name are not retained as YouTube API Data (see Section 4). Results are estimated and not guaranteed to be accurate. The Provider assumes no liability for their correctness. Users are advised to review and correct results where needed.

(2) Basic use of the platform is free of charge. An account is required. Free use lets the User add three songs in total to My Songs per account. Every song ever added counts, including songs deleted later; a song that is deleted within two minutes of being added does not count. Songs marked as Featured, which JamBench suggests or adds to My Songs itself, never count. Unlimited songs are available with the paid JamBench+ subscription (Section 5). Paid offers take effect only when the User orders them separately.

(3) The Provider reserves the right to expand, restrict, or modify the scope of features at any time, provided this is reasonable for the User.

(4) The Provider strives for a high level of platform availability. No specific minimum availability is guaranteed unless expressly agreed otherwise for the respective tier. Periods of maintenance work and disruptions beyond the Provider's control remain unaffected.

4. Embedded YouTube Content

(1) Nature of Embedding: JamBench embeds YouTube videos exclusively via the official YouTube IFrame Player API. The Provider does not host, copy, cache, or redistribute YouTube video content. JamBench persists only the YouTube URL and video ID as a library pointer. Title and channel name are fetched at request time via YouTube API Services and are not stored. Video thumbnails are loaded directly from YouTube.

(2) Curated Library: The song library curated by the Provider links exclusively to YouTube videos from authorized sources (in particular, official artist channels, verified label channels, and YouTube Topic channels). The Provider verifies sources before including them in the library and promptly removes entries upon valid notification of infringement.

(3) User-Submitted Videos: The User has the option to add their own YouTube videos to their private practice library. The User agrees to link only to videos from lawful, authorized sources (in particular, official artist channels, label channels, or YouTube Topic channels). The User warrants that adding a video does not infringe any copyright, neighbouring right, or other third-party right.

(4) Private Nature: Videos added by the User are solely for the User's private use and are not made accessible to other Users of the platform.

(5) No Endorsement: The Provider does not proactively review the content of individual YouTube videos. The embedding of a video does not imply endorsement, affiliation, or partnership with the respective content creator.

(6) Payment Clarification: Fees, in particular for JamBench+, apply solely to JamBench's own features, in particular the creation and provision of Song Maps and the practice tracking, organizational and analytical features. Fees do not constitute payment for, nor provide a license to, any third-party music or video content. Playing embedded YouTube videos is free of charge.

(7) YouTube Terms of Service: By using the video embedding features, the User agrees to the YouTube Terms of Service and the Google Privacy Policy.

(8) Indemnification: The User indemnifies the Provider against all third-party claims arising from a violation of the obligations under this Section 4, in particular from linking to videos from unauthorized sources.

5. Pricing & Payment

(1) Basic use of the platform is free of charge (Section 3(2)). Free use does not create a paid contract.

(2) JamBench+: JamBench+ is a subscription with a term of one year. It lets the account it was taken out with add unlimited songs to My Songs.

(3) Price: The yearly price shown in the order dialog applies. The regular price is EUR 49, USD 49 or GBP 39 per year. During the founding offer the price is EUR 29, USD 29 or GBP 25 per year (founding price). A User who subscribes at the founding price keeps this yearly price for life, as long as JamBench exists and the subscription continues without interruption. Prices in EUR and GBP include statutory VAT. For prices in USD, any applicable sales tax is shown in the order dialog.

(4) Term and renewal: The subscription starts when the contract is concluded and has an initial term of one year. If it is not cancelled by the end of the initial term, it continues for an indefinite period and can then be cancelled at any time with one month's notice (Section 10). Billing remains yearly in advance; if the subscription ends after a cancellation before the end of a year already paid, the Provider refunds the share of the yearly price for the time after the contract ends.

(5) Conclusion of contract: Showing JamBench+ in the app is not a binding offer. The User makes a binding offer by moving to the payment page of our payment provider Stripe and completing the order there with the subscribe-and-pay button. The contract is concluded when JamBench+ is unlocked. The User then receives a confirmation email with the contract details. The contract languages are German and English; these Terms are available at any time at jambench.com/terms.

(6) Payment: The yearly price is due one year in advance and is collected through Stripe (Stripe Payments Europe, Limited, 1 Grand Canal Street Lower, Dublin 2, Ireland) using the payment methods offered there, and automatically from the stored payment method on renewal. JamBench does not store card or bank details, only the Stripe customer ID and subscription ID. For payment methods that settle later, JamBench+ is unlocked once payment has been received.

(7) End of the subscription: When the subscription ends, the User keeps all songs added up to then. New songs can only be added within the free plan (Section 3(2)). If a payment is fully refunded or charged back, JamBench+ ends for the period concerned.

(8) Right of withdrawal: Consumers have a statutory right of withdrawal as set out in the withdrawal instruction (Section 5a).

5a. Right of Withdrawal

The following withdrawal instruction applies to subscribing to JamBench+ and to any other paid contract with consumers.

6. Usage Rights & Ownership

(1) The User receives a simple, non-transferable, and non-sublicensable right to use the platform for the duration of the contract.

(2) All rights to the platform, including software, design, logos, and content, remain with the Provider or the respective rights holders.

(3) The User retains all rights to the content they input (practice data, notes, etc.). The User grants the Provider a non-exclusive, worldwide, royalty-free license to host and display the metadata (e.g., song titles, links) they input, solely for the purpose of providing the Service.

(4) The User can export their data at any time. After contract termination, user data will be deleted within 30 days, unless legal retention obligations apply.

(5) Section maps, meaning a song's division into sections with their timestamps, that the User creates or edits in JamBench may be used by the Provider, without naming the User, to improve and display the shared Song Library. For this purpose the User grants the Provider a simple (non-exclusive), royalty-free and perpetual right of use. It continues after the end of the contract for section maps already added to the Song Library by then. Practice notes and other personal content of the User are excluded.

7. User Obligations

(1) The User agrees to:

• Use the platform only for lawful purposes
• Not post any illegal, offensive, or harmful content
• Not infringe any copyright, neighbouring right, or other third-party right
• Only link to YouTube videos from authorized sources (in particular, official artist, label, or Topic channels)
• Not upload, paste, or store song lyrics, lyric sheets, or verbatim vocal text
• Not upload or store full tablature, sheet music, or other copyrighted musical notation (section labels and timing for practice maps are allowed)
• Not manipulate or impair the platform
• Keep their access credentials confidential

(2) Responsibility for External Links: The User is solely responsible for the legality of any third-party content accessed or stored via the platform. The User warrants that they will not use the platform to link to or facilitate access to content that infringes the intellectual property rights of others.

(3) The User indemnifies the Provider against all third-party claims arising from a violation of these obligations.

(4) In the event of a violation of these obligations, the Provider is entitled to temporarily or permanently block the User's access.

(5) Practice maps and notes: JamBench practice maps may contain only structural metadata (for example section labels and timings). The User must not use free-text fields (including notes) to reproduce copyrighted lyrics, full tabs, or sheet music. The Provider may remove or block such content without notice.

8. Copyright Policy

(1) Notice & Takedown: If a rights holder believes that a link within JamBench points to infringing content, they may submit a takedown request to damir@jambench.com.

(1a) Requirements for Notification: A valid notification must include:

• Identification of the allegedly infringing content (URL or video ID)
• Identification of the claimed protected work
• Proof or credible assertion of rights ownership
• Contact information of the notifier
• Statement of accuracy of the information provided

(1b) Response Time: The Provider acknowledges receipt of a valid notification and responds, as a rule, within 48 hours by removing or disabling access to the challenged link.

(2) Repeat Infringers: Users against whose content three or more valid takedown requests have been successful are considered repeat infringers. In accordance with the EU Digital Services Act (DSA), the German Digitale-Dienste-Gesetz (DDG), and other applicable laws, the Provider reserves the right to permanently terminate accounts of repeat infringers.

(3) Counter-Notification: If a User believes that their content was removed in error, they may submit a counter-notification to damir@jambench.com explaining why the content does not infringe any third-party rights.

(4) Good Faith: The Provider acts as a host provider within the meaning of Section 10 TMG / Section 8 DDG and does not proactively monitor User-generated content. The Provider relies on notifications from rights holders to identify potentially infringing material.

9. Liability

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

(2) In the case of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations), limited to the foreseeable, contract-typical damage, but in any event limited to twelve times the monthly fee paid by the User to the Provider at the time of the event causing the damage. Where no fee was paid, liability for slight negligence is excluded to the extent permitted by law.

(3) Liability for data loss is limited to the typical recovery effort that would have occurred with regular and risk-appropriate creation of backup copies.

(4) Liability under product liability law remains unaffected.

(5) The Provider is not liable for the content, availability, accuracy, or legality of external YouTube videos or other embedded third-party content.

10. Contract Duration & Termination

(1) The free account can be terminated at any time without notice, including by deleting the account in the account settings.

(2) JamBench+ can be cancelled at any time. A cancellation during the initial term takes effect at the end of the initial term; after that, one month's notice applies (Section 5(4)). JamBench+ stays usable until the cancellation takes effect.

(3) The subscription can be cancelled at any time with the "Cancel subscription" button on the Account page (§ 312k BGB), and also by email or in text form. Receipt of the cancellation is confirmed by email without delay. Deleting the account also cancels a running subscription.

(4) The right to extraordinary termination for good cause remains unaffected.

(5) The user contract can be terminated by email (damir@jambench.com), in writing, or by deleting the account in the account settings. The Provider will confirm the termination promptly by email.

11. Changes to Terms

(1) Minor Adjustments: The Provider may modify these Terms if the modification is reasonable for the User and concerns, in particular, (a) legal clarifications, (b) editorial corrections, (c) adaptations to changes in the law or binding court rulings, or (d) technical or organizational adaptations without material effect on the User's rights and obligations. The User will be notified of such modifications by email at least 30 days before they take effect, and will be expressly and separately informed in the notice of their right of objection under paragraph (3) and of the legal consequences of remaining silent (Art. 246 § 3 No. 1 EGBGB).

(2) Material Changes: Modifications that significantly affect the scope of services, concern pricing, or substantially affect the User's rights and obligations require the User's express consent. Without such consent, the existing Terms continue to apply; the Provider is in this case entitled to terminate the contract at the next available date by ordinary termination.

(3) Right of Objection for Minor Adjustments: For minor adjustments under paragraph (1), the User has the right to extraordinarily terminate the contract within 30 days of receiving the modification notice. If the User does not exercise this right, the modified Terms apply from the effective date stated in the notice.

(4) In the modification notice, the Provider will expressly inform the User of the planned modification, its effective date, and (in the case of paragraph (3)) of the right of termination and the legal consequences of remaining silent.

12. Final Provisions

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

(1a) For consumers whose habitual residence is in another Member State of the European Union, the mandatory consumer protection provisions of the law of their country of residence remain unaffected (Art. 6(2) Rome I Regulation).

(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 registered office.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

(4) The contract languages are German and English. The German version shall prevail in case of any discrepancies.