JamBench: Music learning platform

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) Use of the platform is currently completely free of charge. An account is required. The Provider reserves the right to introduce optional paid features or plans in the future. Any such offer will be described on the website and takes effect only upon the User's separate acceptance.

(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: Use of the platform is currently free of charge. Any future fees would apply solely to the practice tracking, organizational, goal-setting, and analytical features as well as the metadata-based practice tools. Fees do not constitute payment for, nor provide a license to, any third-party music or video content.

(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) Use of the platform is currently completely free of charge. No payment is collected, and no payment service provider is used.

(2) The Provider may in the future offer optional paid features or plans. Prices, term, and payment methods will then be stated on the website at the time of the relevant contract conclusion. All prices include applicable VAT.

(3) If a paid contract is concluded, payment is made in advance for the selected billing period via the offered payment methods. Payment processing is handled by the external payment service provider Stripe Inc. JamBench does not store credit card numbers or bank details; only a Stripe customer ID and Stripe subscription ID are stored to manage the subscription.

(4) In the event of payment default, the Provider is entitled to block access to paid features until outstanding amounts are settled.

(5) For paid contracts, Users in the EU who are consumers have a statutory right of withdrawal. Details are set out in the Right of Withdrawal (Section 5a) below. The currently free service does not constitute a paid distance contract, so a statutory withdrawal right does not arise in that respect.

5a. Right of Withdrawal

The following withdrawal instruction applies to paid distance contracts. Use of JamBench is currently free of charge.

Withdrawal Instruction

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.

To exercise your right of withdrawal, you must inform us (KickBench UG (haftungsbeschränkt), Mühlerweg 8, 81243 München, Germany, email: damir@jambench.com) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the model withdrawal form provided below, but this is not mandatory.

Online withdrawal: You may also withdraw using our online form at jambench.com/withdrawal. You will receive an immediate receipt confirmation by email. The online withdrawal option supplements — and does not replace — withdrawal by email or letter.

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 you all payments received from you 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.

If you requested that the services should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of services already provided up to the time you informed us of your exercise of the right of withdrawal, compared to the full scope of the services provided for in the contract.

Expiry of the Right of Withdrawal

For a contract on the supply of a digital service, the right of withdrawal expires if you expressly consented to us starting performance of the contract before the end of the withdrawal period, acknowledged that you lose your right of withdrawal once performance begins, and we provided you with confirmation to that effect on a durable medium (e.g. via email) (§ 356(5) BGB).

Model Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

To: KickBench UG (haftungsbeschränkt)

Mühlerweg 8, 81243 München, Germany

Email: damir@jambench.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract 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.

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.

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) If a paid plan is concluded, it is for the initial term selected by the User (monthly or annual billing). During the initial term, the contract may be terminated by ordinary notice to the end of the then-current billing period; the notice period is one month.

(3) After such an initial term expires, the paid contract is automatically converted into an indefinite-term contract which the User may terminate at any time with one month's notice (§ 309 No. 9 lit. b BGB).

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

(5) Termination can be made in writing, by email (damir@jambench.com), or via the cancellation button in the account settings (§ 312k BGB). The Provider will confirm the termination promptly on a durable medium.

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 language is English. The German version shall prevail in case of any discrepancies.

Terms of Service