Terms of use

Section 1 Scope, contracting parties, business-only offering

(1) These terms govern use of the Sonventory application for macOS (the “app”) between

Sonventory, owner: Tibor Czekay
c/o COCENTER, Koppoldstr. 1, 86551 Aichach, Germany
Email: info@tiborczekay.com
(the “provider”)

and the user of the app (the “user”).

(2) The provider's offering is directed exclusively at entrepreneurs within the meaning of section 14 BGB, at legal persons under public law, and at special funds under public law. The app is intended for professional use. If a user nevertheless qualifies as a consumer under section 13 BGB, mandatory consumer protections remain applicable regardless of this intended audience.

(3) Deviating terms of the user do not apply unless the provider expressly agrees to them in text form.

Section 2 Relationship with Apple

(1) The app is distributed through the Mac App Store. These terms are concluded solely between the user and the provider, not with Apple. Apple is not responsible for the app or its content.

(2) App Store transactions follow the Apple Media Services Terms and the merchant shown at checkout. The Apple entity and contractual arrangement can depend on the storefront. Apple handles App Store billing and subscription management. These app-licence terms remain an agreement with the provider.

(3) The provider alone is responsible for the app, its content, its maintenance and its support, and for handling warranty claims and third-party claims, including any allegation that the app infringes third-party rights. This allocation does not exclude any obligation Apple has under mandatory law.

(4) If the app fails to conform to an applicable warranty, the user may notify Apple; Apple will refund the purchase price of the app in accordance with the applicable warranty terms. Beyond that, and to the extent permitted by law, Apple has no warranty obligation.

(5) Apple and Apple's subsidiaries are third-party beneficiaries of these terms and are entitled to enforce them against the user.

(6) The user represents that they are not located in a country subject to a US government embargo or designated by the US government as a “terrorist supporting” country, and that they are not listed on any relevant US government prohibited-party list.

(7) The provider offers support at the email address named in section 1. Apple has no obligation to provide support or maintenance services.

Section 3 Subject matter of the service

(1) The app is an application that runs locally on the user's Mac. It lets the user connect accounts they own or are validly mandated to manage on YouTube, TikTok and Instagram through those platforms' official interfaces, retrieve the videos, metrics and comments available there, have the music contained in the videos identified by automatic audio recognition, and document and analyse the results.

(2) Audio recognition uses the interface built into macOS by Apple. The provider operates no recognition service of its own for this and interposes no further recognition service.

(3) The provider stores no user content. Videos, metrics, comments, references and analyses stay on the user’s device. The provider operates only a relay service for the sign-in flow at TikTok and Instagram (see the privacy policy), which stores no content.

(4) The app assigns each video one of five documentation states: “no recording detected”, “reference on file”, “your reference pending”, “platform notice”, “review incomplete”. These states describe the state of the documentation, not whether a use is permitted.

(5) A recognition's match score is a technical value and is not a statement of legal probability.

(6) If the user enters a licence reference, the app stores it unchanged and with a timestamp. The reference is expressly not checked or confirmed; the app is not capable of doing so.

(7) A demo mode with invented sample data is available without a subscription. It exists for evaluation and contains no real data.

Section 4 Services not owed

(1) In particular, the following are not owed:

• complete capture of every post on an account,
• recognition of every recording contained in a video,
• the accuracy of metadata taken from the music catalogue,
• the accuracy or completeness of the metrics supplied by the platforms,
• identification of rights holders,
• a licence check, or any check of the references entered by the user,
• a legal assessment,
• a recommendation to act,
• any particular commercial or legal outcome.

(2) The provider renders no legal services within the meaning of section 2 of the German Legal Services Act (RDG). Neither the provider nor the app examines copyright, neighbouring rights, licence terms, platform licences, chains of title or rights of use. The app's output is not a legal review, a licence confirmation, a clearance, a risk assessment or legal advice.

(3) A detected recording means only that automatic audio recognition reported a technical match with a reference recording. In particular it does not mean that the detected recording is conclusively present in the video, that a named person or organisation holds rights in it, that the user does or does not hold a licence, that a use is permitted or impermissible, or that any claim or risk of a warning letter exists.

(4) The state “no recording detected” does not mean that the video in question contains no music, no protected recording, or no third-party rights.

(5) Decisions on publishing, reusing, amending or removing content are the user's own. For a legal assessment the user must turn to their legal department, their licensing office, or a lawyer.

Section 5 Technical limits and dependence on third parties

(1) Automatic audio recognition can return incomplete, incorrect, ambiguous or no results at all. This applies in particular to audio that is short, quiet, layered, edited, sped up, slowed down or re-performed, and to recordings that are not in the music catalogue being matched against.

(2) The feature set and the availability of data depend on the platforms' interfaces, in particular on

• whether and to what extent a platform supplies videos, metrics, audience data or comments,
• which quotas and regional restrictions apply,
• whether the user grants and maintains the necessary consent,
• whether the account type permits access.

(3) Access to the video files themselves runs, for TikTok and YouTube, through each platform's data portability feature. Both providers currently offer that feature to eligible users in the European Economic Area and the United Kingdom; approval and account permissions are also required. Outside those regions music recognition is not possible on those platforms; the app states this on the affected connection.

(4) If platforms change, restrict or discontinue their interfaces, the app's feature set changes accordingly. Whether such a change constitutes a defect or gives rise to a remedy depends on the agreed functionality and applicable law; disclosure alone does not exclude statutory rights. If a material feature is permanently lost, the provider informs users; section 8(6) remains unaffected.

(5) All results relate to the moment they were collected (a snapshot). Later changes to content, platform data or catalogue entries do not constitute a defect.

Section 6 Rights of use in the app

(1) For the term of a valid subscription the provider grants the user a simple, non-exclusive, non-transferable and non-sublicensable right to use the app on Apple-branded devices the user owns or controls, as permitted by the App Store Usage Rules. Access through Family Sharing, volume purchasing or Legacy Contacts is permitted to the extent provided by those rules. These terms do not override the applicable Usage Rules.

(2) Renting, lending, reselling, redistributing and sublicensing the app are not permitted, nor are decompilation, disassembly and reverse engineering, except where mandatory law permits them.

(3) The analyses, documentation and exports produced with the app belong to the user, who may use and pass them on freely. They must not, however, be presented as a licensing, legal or audit opinion. The methodology note contained in the exports must be kept when they are passed on.

(4) The metadata taken from the music catalogue originates from third parties. Third-party rights in that metadata remain unaffected.

Section 7 User obligations and representations

(1) The user connects only accounts of which they are the owner, administrator or validly authorised representative. If the user uses the app on behalf of a client, they represent that they are engaged and entitled to do so.

(2) When connecting and using accounts, the user observes the terms of the respective platform and Apple's terms. The user circumvents no technical protection measures and no quota limits.

(3) The user must comply with data protection law for personal data processed with the app, especially third-party comments. Depending on the actual arrangement, the user may act as controller or as a processor for a client. This includes establishing or following a lawful basis, transparency duties, retention rules and any required Article 28 GDPR agreement. See the privacy policy.

(4) The user does not present the app's output as a legal assessment, a licence confirmation or a clearance, either to clients or to third parties.

(5) If the user culpably breaches the obligations in paragraphs 1 to 4, they indemnify the provider against justified third-party claims arising from that breach, including reasonable costs of legal defence. The provider informs the user without delay; no admission or settlement is made without the user's consent, where that is reasonable. The indemnity does not apply where the provider caused the claim itself.

Section 8 Subscription, prices, term

(1) The full feature set requires a “Sonventory Pro” subscription. It is offered as an auto-renewing subscription through the Mac App Store:

• monthly at €19 per month,
• yearly at €179 per year.

(2) The price shown in the Mac App Store at the time of purchase, in the relevant local currency, always governs. Applicable taxes and invoicing are determined by the storefront and Apple’s purchase terms.

(3) The subscription renews automatically for the same term unless cancelled at least 24 hours before the end of the current period. Cancellation is done in the subscription settings of the user's Apple Account.

(4) Both terms carry the same feature set. There is no limit on the number of connected channels and no per-video charge.

(5) After the subscription ends, the user's data stored on the device is kept. Access to the subscription-only features ceases.

(6) The provider may develop and adapt the app and its feature set, in particular when platforms change their interfaces (section 5(4)). If the feature set is thereby restricted to the user's disadvantage in more than an insignificant way, the provider gives notice; the user may manage cancellation through Apple. Mandatory rights to updates, termination, price reduction or reimbursement remain unaffected.

(7) Refunds are governed by Apple's terms and must be claimed from Apple.

Section 9 Availability, support and updates

(1) The provider supplies updates at its reasonable discretion, in particular to fix defects and to adapt to new macOS versions and changed platform interfaces. There is no entitlement to a particular feature or a particular date.

(2) The provider offers support by email in English, usually within 24 hours on business days. No particular response or resolution time is promised.

(3) The relay service for the sign-in flow (section 3(3)) is operated with customary care. No particular availability is promised. Interruptions may prevent sign-in and token refresh, including for already-connected accounts; statutory remedies remain unaffected.

Section 10 Defects

(1) Statutory provisions apply. The provider's material contractual obligation is to supply an app that carefully takes over, structures and presents the results obtained through the interfaces and through audio recognition.

(2) There is no defect where a result merely reproduces accurately what audio recognition or the platform supplied, where data was unavailable at the time of retrieval, or where the user objects to the legal classification of a result; legal classification is not part of the service (section 4).

(3) Warranty claims must be asserted against the provider; section 2(4) remains unaffected.

Section 11 Liability

(1) The provider is liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, and under the German Product Liability Act.

(2) In the case of slightly negligent breach of material contractual obligations (obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the user may regularly rely), liability is limited to the foreseeable damage typical of this kind of contract at the time it was concluded. Otherwise liability for slight negligence is excluded.

(3) Non-material contractual obligations include in particular the accuracy of data taken from the music catalogue or from the platforms, the completeness of capture, and the correctness of the legal position (section 4).

(4) The mere assertion of third-party claims against the user constitutes neither a defect nor liability on the provider's part. The same applies to damage arising from the user's decisions on publishing, reusing, amending or removing content, and to loss of locally stored data to the extent caused by the user’s failure to take reasonable backup measures. This does not exclude provider liability under paragraphs 1, 2 and 5.

(5) The above limitations of liability also apply for the benefit of the provider's vicarious agents. They do not apply in the case of fraudulent concealment of a defect, where a guarantee has been given, or where mandatory statutory liability provisions preclude them.

Section 12 Data protection

Information about personal data, provider and user responsibilities, external services, and retention is set out in the privacy policy. The legal role of a user or client depends on the actual processing, as described in section 7(3).

Section 13 No contracts with consumers

The offering is directed exclusively at entrepreneurs (section 14 BGB). If a consumer contract nevertheless comes about, mandatory rights, including applicable digital-product, withdrawal and consumer-jurisdiction protections, remain unaffected. See the withdrawal policy.

Section 14 Contract language

(1) This website and this agreement are in English. The app supports German and English. English is the contract language and the language of the dealings between the parties.

(2) There is no German version of these terms. Where a German translation is produced for convenience, whether by the provider or by anyone else, the English text set out here governs.

Section 15 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. German legal terms used in these terms, such as the references to the BGB, keep their meaning under German law regardless of the English wording around them.

(2) If the user is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction is the provider's registered office.

(3) Should individual provisions of these terms be or become invalid, the validity of the remaining provisions is unaffected.