General Terms and Conditions

(2) The contractual partner for use of the Software is Joshua Stieber (SmartSavvy). Payment processing is handled by the payment service provider Stripe.

(3) Deviating terms and conditions of the customer are not recognised unless we expressly agree to their application in writing.

(4) The Platform is aimed at musicians, labels, playlist curators, and comparable users. Where the customer is a business within the meaning of Section 14 BGB, consumer protection provisions of these GTC (in particular withdrawal) apply only where mandatorily required.

(1) The subject matter is the time-limited use of the web-based software "SmartSavvy" under a subscription model (SaaS — Software as a Service) and, where applicable, individually bookable services (e.g. credits, courses, services).

(2) The scope of features depends on the selected plan (e.g. FREE, STARTER, ARTIST, LABEL) and may include in particular: SmartLinks, BioLinks, PreSave, Meta campaign assistance, Spotify/playlist analytics, playlist marketplace, team workspaces, browser add-on, online courses, forum, and mix/master and comparable services. The service description displayed on the website or in the customer account at the time of booking is decisive.

(3) The Software is provided exclusively online. No physical delivery of data carriers takes place. The browser add-on is an optional extension and requires a compatible browser environment and, where applicable, an appropriate plan.

(4) The customer receives a simple, non-transferable right to use the Software during the subscription term or respective individual service. Sublicensing to third parties outside permitted team functions is excluded.

(5) We are entitled to further develop the Platform, adjust features, or discontinue them for good cause, provided the essential contractual benefit is maintained or we offer a reasonable alternative. We will inform you appropriately of material restrictions.

(1) Presentation of the Software on our website does not constitute a legally binding offer, but an non-binding invitation to order.

(2) Contracts for subscriptions and chargeable services are concluded by completing an order on our website via the payment service provider Stripe (Checkout, Customer Portal, or comparable flows). For free accounts, the usage contract is formed upon successful registration and acceptance of our GTC.

(3) Before submitting the order, the customer may correct entries at any time. By completing the checkout process, the customer submits a binding offer. The contract is formed upon acceptance by the provider (Joshua Stieber); acceptance may occur by enabling access or confirmation email.

(4) Trial periods, gift subscriptions, or promotional offers (e.g. trials) are governed by the conditions stated in checkout or the promotion.

(1) Prices stated at the time of order apply. These include statutory VAT where indicated.

(2) Payment is made exclusively via payment methods offered by Stripe (e.g. credit card, SEPA direct debit, etc.).

(3) Invoicing is carried out by the provider or via Stripe. Credits and comparable one-off services are activated after the respective purchase and are, unless otherwise stated, non-refundable where no mandatory right of withdrawal applies.

(4) We may adjust prices and plan contents for future billing periods. We will inform you in good time before price increases take effect. The customer may cancel at the end of the current billing period.

(1) Use of the Software is within a subscription with the selected term (e.g. monthly or annual), unless a free quota is used.

(2) The subscription renews automatically for the selected term unless cancelled before expiry. Cancellation is possible at any time at the end of the billing period.

(3) Cancellation may be made via the customer account (e.g. Stripe Customer Portal) or by email.

(4) After cancellation, access to chargeable features is deactivated at the end of the paid period. Reactivation is possible by placing a new order or rebooking. Statutory retention obligations remain unaffected.

(5) We may suspend access or terminate the contract extraordinarily if the customer materially breaches these GTC, applicable law, or third-party platform rules (e.g. Meta, Spotify), payments fail, or the Platform is misused (spam, fraud, security threats).

(1) The customer undertakes to use the Software only within applicable laws and the terms of use of connected platforms (e.g. Meta, Spotify, TikTok) and not to enter, store, or distribute unlawful content.

(2) The provider guarantees average availability of 99% on a monthly average. Excluded are periods of unavailability due to technical problems outside our control or necessary maintenance.

(3) Access credentials must be kept confidential and protected from unauthorised access. Sharing personal login credentials with third parties outside the Platform is not permitted.

(4) Where the booked plan includes team workspaces, the account holder may enable team members via the provided invitation function. Team members act within granted permissions (scopes) for the account holder; the account holder remains responsible for their use.

(5) Consumers have statutory rights for defects in digital products and services pursuant to Sections 327 et seq. BGB, where applicable.

(1) For content uploaded or posted by the customer (e.g. covers, creatives, text, forum posts), the customer remains responsible and warrants that they hold the necessary rights.

(2) The customer grants us a simple, worldwide right to host, store, process, and deliver such content solely for contract performance (including CDN and connected advertising/streaming APIs) for as long as the account exists or the content is required.

(3) We are entitled to remove or block access to content that is manifestly unlawful or endangers the Platform.

(1) Via the playlist marketplace, artists may pitch tracks to curators. Credits or other fees may apply. The conditions and credit costs displayed apply.

(2) Curators receiving payouts may use Stripe Connect. Valid Connect onboarding and compliance with Stripe and SmartSavvy requirements are prerequisites. We are not a party to the artistic pitch relationship between artist and curator unless expressly agreed otherwise.

(3) Credits are, unless otherwise stated, account-bound, non-interest-bearing, and not payable in cash.

(1) Where the customer operates public SmartLinks, Bio Pages, PreSaves, or comparable tracking pages and thereby processes personal data of visitors, the customer is the data protection controller. SmartSavvy provides the technology and processes such data as a processor pursuant to Art. 28 GDPR.

(2) Details (subject matter, duration, type of data, data subjects, TOMs) are set out in the Privacy Policy and — where separately concluded — in the data processing agreement. The customer must ensure their own legal basis for processing vis-à-vis visitors and provide required information.

(1) The provider is liable without limitation for damage arising from injury to life, body, or health and for intentional or grossly negligent breaches of duty.

(2) In cases of slight negligence, the provider is liable only for damage arising from breach of essential contractual obligations (cardinal duties), limited to typical, foreseeable contract damage.

(3) No liability exists for outages or changes in third-party services (e.g. Meta, Spotify, Stripe, hosting) outside our responsibility, or for decisions the customer makes based on statistics, traffic lights, or guidance in the Software.

(4) Further liability is excluded.

(1) Processing of personal data is in accordance with the GDPR. Further details are set out in our Privacy Policy.

(2) Payment processing via Stripe takes place on its platform. Stripe is responsible for processing payment data as the payment service provider. Stripe privacy policy: stripe.com/de/privacy

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the customer is a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction for all disputes is the provider's registered office.

(3) Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected.

(4) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

(5) We may amend these GTC with future effect where required for legal, technical, or business reasons. We will inform you appropriately of material changes. If the customer does not object within a reasonable period and continues use, the new GTC are deemed accepted where permissible; we will indicate the right to object.