Terms of Service

1. Scope of Application

(1) These Terms of Service (hereinafter “Terms”) apply to all contracts between BassBench, operated by Damir Abdic (hereinafter “Provider”), and the user (hereinafter “User”) regarding the use of the BassBench platform.

(2) BassBench 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 BassBench 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). For minors, the consent of a legal guardian is required.

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

3. Service Description

(1) BassBench offers the following core features:

• Documentation of practice times and activities
• Management of learning goals and repertoire
• Tracking of practice progress and streaks
• Equipment/gear management
• Search helper for external learning resources

(2) The Provider offers the platform in different tiers:

(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 guarantees platform availability of 99% on an annual average. Excluded from this are periods of maintenance work and disruptions beyond the Provider's control.

4. External Content & Search Helper

(1) Nature of Tool: BassBench provides a “Search Helper” as a convenience utility to help Users locate educational materials on third-party platforms such as YouTube. This tool generates search queries based on song information entered by the User and opens results in a separate browser window.

(2) No Endorsement: The Provider does not host, own, control, or verify the content found through external links or search results. Inclusion of the search helper does not imply an endorsement, affiliation, or partnership with any third-party content creator or platform.

(3) Payment Clarification: Fees for the Premium Tier are solely for the platform's tracking, organizational, goal-setting, and analytical features. Subscription fees do not constitute payment for, nor provide a license to, any third-party music, video content, or external services accessed via the search helper.

(4) Third-Party Terms: When accessing external links (e.g., YouTube), the User is subject to the Terms of Service and Privacy Policies of those respective third-party providers. The Provider has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites.

(5) User Responsibility: The User is solely responsible for ensuring that any links they save or content they access via the platform's search helper does not violate third-party intellectual property rights or applicable laws.

5. Pricing & Payment

(1) The use of the Free Tier is free of charge.

(2) For the Premium Tier, the prices stated on the website at the time of contract conclusion apply. All prices include applicable VAT.

(3) Payment is made in advance for the selected billing period (monthly or annually) via the offered payment methods.

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

(5) Users in the EU have the right to withdraw from the contract within 14 days of contract conclusion without giving reasons (right of withdrawal).

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 on third-party copyrights
• Not use the platform to facilitate access to pirated or unauthorized copyrighted materials
• 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.

8. Copyright Policy

(1) Notice & Takedown: If a rights holder believes that a link within BassBench points to infringing content, they may submit a takedown request to damir.abdic@kickbench.com. Upon valid notification, the Provider will act expeditiously to remove or disable access to the allegedly infringing link.

(2) Repeat Infringers: In accordance with the EU Digital Services Act (DSA), German Telemediengesetz (TMG), and other applicable laws, the Provider maintains a policy of terminating the accounts of Users who are deemed to be repeat infringers of third-party copyrights.

(3) Counter-Notification: If a User believes that their content was removed in error, they may submit a counter-notification to the Provider explaining why the content does not infringe any copyrights.

(4) Good Faith: The Provider acts as a passive intermediary and does not monitor User-generated content proactively. 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.

(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 linked websites or content accessed through the search helper.

10. Contract Duration & Termination

(1) The Free Tier can be terminated at any time without notice.

(2) The Premium Tier is concluded for the selected billing period and is automatically renewed for the same period unless terminated in time.

(3) Notice periods:

• Monthly billing: Termination with 7 days notice to the end of the month
• Annual billing: Termination with 30 days notice to the end of the year

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

(5) Termination can be made in writing, by email, or through the account settings.

11. Changes to Terms

(1) The Provider reserves the right to change these Terms at any time with effect for the future.

(2) The User will be informed of changes by email. Changes are deemed approved if the User does not object within 30 days of receiving the change notification.

(3) In the event of an objection, the Provider has the right to terminate the contract at the time the new Terms come into effect.

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.

(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.