Terms of Service

Effective date: August 8, 2026

These Terms of Service (“Terms”) govern the use of Choirspace, a web-based service for the organization of choirs, ensembles and comparable groups.

Choirspace is provided by:

Daniel Hey

Wolziger Zeile 30a

12307 Berlin, Germany

support [at] choirspace.de

– hereinafter “Choirspace” or the “Provider” –

These Terms apply to agreements with choirs, associations, ensembles and other organizations or persons using Choirspace as part of their organizational or professional activities (“Customer”).

If Choirspace is expressly offered to consumers in the future, any mandatory consumer protection laws will apply in addition to these Terms.

Choirspace provides a web-based platform that allows choirs and ensembles to manage and provide authorized members with access to content such as member information, repertoire, sheet music, audio recordings, rehearsals, events, practice materials and other choir-related information.

The specific functionality available to the Customer depends on the selected plan and the version of the service available at the relevant time.

Choirspace may be accessed through a web browser and may also be available as an installable Progressive Web App. There is no entitlement to a native application for any particular operating system or app store.

An organization is created within Choirspace for the Customer.

The Customer designates at least one person authorized to administer the organization (“Owner” or “Administrator”). Administrators may, in particular, invite additional users, manage user permissions and upload or edit content.

The Customer is responsible for:

Actions performed by an Administrator within an organization will generally be attributed to the Customer unless the Provider should reasonably have recognized that the person was clearly not authorized to perform the relevant action.

Available functionality may depend on the selected plan and may include limits relating to the number of members, administrators, storage capacity or specific features.

Applicable prices and plan features are those stated in the pricing information valid at the time the agreement is entered into or in an individually agreed offer.

Taxes are included or added as indicated in the applicable pricing information and as required by law.

For recurring subscriptions, fees are payable in advance for the applicable billing period unless otherwise agreed.

If the Customer exceeds the usage limits of its plan, Choirspace may restrict additional actions, including adding further members or uploading additional files. Existing data will not be automatically deleted solely because a usage limit has been exceeded.

The Customer and its authorized users may upload or otherwise provide content through Choirspace. Such content may include sheet music, PDF files, audio recordings, MusicXML files, text, images, logos, concert recordings and other materials (“Customer Content”).

All rights in Customer Content remain with the Customer or the respective rights holders.

The Customer represents and warrants that it has all rights, permissions, consents and licenses required to upload, store, process and make the relevant content available to the users selected by the Customer through Choirspace.

This applies in particular to copyrights, related rights, personality rights and any required licenses relating to sheet music, arrangements, lyrics, recordings, images or other protected works.

The Customer is responsible for determining whether the intended use of any material within its choir or ensemble is legally permitted.

By uploading Customer Content, the Customer grants Choirspace a non-exclusive right, limited to the duration and purpose of the agreement, to store, technically reproduce, process and make the Customer Content available to authorized users solely to the extent required to provide the Choirspace service.

Choirspace receives no additional ownership or exploitation rights in Customer Content and may not independently publish, sell or use such content for its own content-related purposes.

Customers must not provide content through Choirspace where its storage, processing or distribution violates applicable law or the rights of third parties.

Choirspace may temporarily restrict access to or remove content where there are specific indications of unlawful content or where Choirspace is legally or officially required to do so.

Where a rights holder reports a potential infringement, Choirspace may ask the Customer to provide information or evidence demonstrating its right to use the relevant content.

The Customer shall indemnify Choirspace against justified third-party claims arising from a breach of these obligations for which the Customer is responsible. To the extent permitted by law, this includes reasonable legal defence costs. No indemnification obligation applies where the Customer is not responsible for the infringement.

Choirspace will use reasonable efforts to provide a reliable and secure service.

However, uninterrupted or error-free availability at all times is not guaranteed unless a separate Service Level Agreement has expressly been agreed.

Temporary interruptions or restrictions may occur in particular as a result of:

Choirspace may technically and functionally develop the service and modify individual features, provided that the essential contractual functionality is not unreasonably impaired.

Choirspace takes reasonable technical and organizational measures to protect data stored within the service and may use automated database and system backups for this purpose.

However, Choirspace does not guarantee that every individual item of data or every file can be recovered under all circumstances.

Customers should therefore retain separate copies of original files and other important content that should not exist exclusively within Choirspace.

In particular, Choirspace is not intended to serve as the sole archival or long-term preservation system for irreplaceable original recordings, sheet music, documents or other content.

Any liability for loss of data is subject to the “Liability” section of these Terms.

Personal data is processed in accordance with applicable data protection law and the Choirspace Privacy Policy.

Where Choirspace processes personal data relating to members or other persons on behalf of the Customer and the legal requirements apply, the parties will enter into a data processing agreement in accordance with Article 28 GDPR.

The Customer is responsible for ensuring the lawful processing of personal data submitted to Choirspace where the Customer acts as the data controller.

The term of the agreement depends on the selected plan or the individually agreed offer.

Subscriptions renew in accordance with the conditions stated at the time of purchase unless terminated within the applicable notice period.

Either party's right to terminate for cause remains unaffected.

Following termination, access to the relevant Choirspace organization will be disabled.

Customers should save or export any required content before the agreement ends.

Choirspace may permanently delete Customer data following a transition period of 30 days after termination unless statutory retention obligations apply or otherwise agreed.

Once data has been permanently deleted, there is no entitlement to its restoration.

Choirspace has unlimited liability:

In the event of a slightly negligent breach of a material contractual obligation, Choirspace's liability is limited to the foreseeable damage typical for this type of agreement. Material contractual obligations are obligations whose performance is essential to the proper performance of the agreement and on which the Customer may regularly rely.

In all other cases, liability for damage caused by slight negligence is excluded to the extent permitted by law.

In the event of data loss, liability under the provisions above is limited to damage that would also have occurred if reasonable backup measures had been taken and important original data had been retained separately where reasonably possible.

These limitations of liability also apply to employees, representatives and agents of Choirspace.

Choirspace may temporarily suspend access by a Customer or individual user where:

Where reasonably possible, Choirspace will inform the Customer before a suspension and provide an opportunity to remedy the issue.

Choirspace may use external infrastructure, hosting, email, payment and other technical service providers in order to provide the service.

Choirspace remains responsible for the proper performance of its own contractual obligations. The Customer is not entitled to require the use of any particular technical subcontractor or infrastructure provider.

Choirspace may amend these Terms where there is an objective reason to do so, including changes in law, court decisions, technical developments or changes to the service.

Changes that materially alter the contractual balance to the Customer's disadvantage will not be made without the Customer's express consent where such consent is required by law.

Customers will be informed of material changes in text form with reasonable advance notice.

The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods, unless mandatory law provides otherwise.

If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain unaffected. Applicable statutory provisions will apply in place of the invalid provision.

The German version of these Terms is authoritative. This English version is provided as a translation for convenience only.