1.1 Beat Shaper is offered to you by:
Beat Shaper FlexCo
Ottakringer Straße 242/8/35
1160 Vienna
Email: info@beatshaper.ai
Support: support@beatshaper.ai
(hereinafter referred to as "we" or "us").
1.2 Beat Shaper is an AI music-production platform built for music producers. Generate, arrange, and edit custom drum patterns, basslines, synth/lead/pad loops, and musical arrangements right in your browser. The creation is done by generative AI based on your specifications (“prompt”) and settings. The specific scope of services depends on the plan purchased. The current plans, prices, billing periods, included features, and usage limits can be viewed at beatshaper.ai/pricing and again before checkout.
1.3 We reserve the right to expand the range of services offered by Beat Shaper, to make improvements to it, and to replace the previous offering with equivalent alternatives.
1.4 We are entitled to temporarily restrict access to and the performance of Beat Shaper if this is necessary for maintenance work, updates, security, and system integrity. We will inform you in advance of any maintenance work that will take a longer period of time.
2.1 To use Beat Shaper, you must register for a user account. Alternatively, you can register with Beat Shaper using your Google account. In both cases, you create a user account and enter into a framework agreement with us. You can then purchase specific service packages ("plans"), see section 3. The scope of functions, the fee, the billing period, usage limits, and the term are listed in the respective plan at beatshaper.ai/pricing and are repeated before checkout, in the electronic order confirmation, and in the invoice, which you will receive by email.
2.2 In the case of registration of a legal entity, you assure us that the natural person specified as the representative has sufficient authority to act on behalf of the account holder and to carry out the registration.
2.3 You must provide all information requested during registration correctly and completely. We are entitled, but not obliged, to request proof. You must update your user account immediately in the user administration whenever your data changes.
2.4 You must keep your login credentials (username and password) secret and protect them from access by unauthorized third parties. If you suspect that unauthorized third parties have gained knowledge of your login details, please notify us immediately and change your password. In this case, we are entitled to temporarily block the user account to prevent misuse.
3.1 The packages and fees offered are listed at beatshaper.ai/pricing. The prices, currency, billing period, included features, and usage limits displayed at the time of purchase apply. Payment is made via our service provider Stripe using the payment methods accepted there.
3.2 You can review your order and the purchase price again on a confirmation page. By clicking the paid order, subscribe, or checkout confirmation button, you conclude a contract with us for the picked service package.
3.3 During the ordering process, you expressly declare your wish that the services from the purchased package should be credited to you immediately and thus before the end of the withdrawal period for distance selling transactions. You acknowledge and expressly agree that, where legally permissible, after clicking the paid order, subscribe, or checkout confirmation button, you have no right of withdrawal under distance selling law for consumers.
3.4 You will receive confirmation of the transaction and an invoice at the last email address provided. All fees are net plus all applicable taxes and duties unless stated otherwise before checkout. The fees for the service packages are payable in advance. You agree to receive electronic invoices in PDF format. Invoices will be sent to the last email address provided.
3.5 For plans that automatically renew, we will recurringly charge the payment method you have provided until you cancel your subscription to the package. If your payment cannot be processed successfully, we may downgrade your user account or block your access to Beat Shaper until payment is made.
3.6 Beat Shaper is a digital service. After successful payment, access to the purchased plan is made available through your user account; no physical goods are shipped.
4.1 Unless the exception in section 4.2 applies, if you are a consumer within the meaning of the KSchG (Austrian Consumer Protection Act), you have the right to withdraw from your contractual declaration submitted via our online platform or from an already concluded contract for the purchase of service packages within fourteen days without giving reasons.
The withdrawal period is fourteen days from the conclusion of the contract (= receipt of the order confirmation).
To exercise your right of withdrawal, you must inform us:
Beat Shaper FlexCo
Ottakringer Straße 242/8/35
1160 Vienna
Email: info@beatshaper.ai
by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the sample withdrawal form attached to the order confirmation, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you revoke your contractual declaration or a contract that has already been concluded, we shall reimburse you for all payments we have received from you without delay and at the latest within fourteen days from the day on which we received notification of the revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this repayment.
4.2 Please note that during the ordering process, you expressly state that you wish to have immediate access to the services included in the purchased package, i.e., before the end of the withdrawal period. You acknowledge and expressly agree that, where legally permissible, you therefore have no right of withdrawal under distance selling law.
5.1 Beat Shaper is based on the use of generative AI. You have the option of controlling the creation of content through your input and specifications ("prompts"). You are solely responsible for this input. The prompts may not contain any specifications that are primarily aimed at generating content
5.1.1 that is identical or similar to content protected by copyright and/or ancillary copyright of a third party, unless you have sufficient authorization from the copyright holder;
5.1.2 may infringe trademark, name, company rights, or other intellectual property rights, unless you have sufficient authorization from the rights holder;
5.1.3 that violate applicable law;
5.1.4 that aim to compromise system integrity, circumvent security mechanisms, activate unauthorized functionalities, or cause the system to perform actions that go beyond its intended use, in particular through so-called “prompt injection” or comparable manipulation techniques.
5.2 At our discretion, we are entitled, but not obligated, to check, analyze, and filter your prompts for compliance with the requirements specified in Section 5.1 and to reject prompts that we believe do not comply with these requirements.
5.3 All content you have created with Beat Shaper (the “Output”) belongs to you. Apart from the exception mentioned in section 5.4, we do not claim any ownership, title and interest in and to the Output. All intellectual property rights (if any) contained in the Output belong to you. It is not necessary for you to mention Beat Shaper in a copyright notice.
5.4 However, you grant us an unrestricted, assignable, sublicensable, irrevocable, royalty-free, worldwide license to use the Output to train our AI models and to allow third parties to use it for this purpose. This includes, for example, the necessary reproduction, analysis, and processing of the Output and/or parts of the Output.
5.5 The content generated with Beat Shaper is based on training material for which we have obtained the necessary licenses. This means that this material may be used to train the AI models behind Beat Shaper. You can find a current summary of the training material used on our website.
5.6 By licensing the material for training, we ensure as far as possible that the content generated by Beat Shaper can be used by you. However, as the copyright situation regarding AI-generated content is still largely unclear, we cannot guarantee that the Output will not infringe the rights of third parties in all cases. Therefore, in cases of doubt, e.g., if the generated content is very similar to works you are already familiar with, please seek legal advice.
5.7 Due to the nature of AI models, the content generated by Beat Shaper may not be unique. It cannot be ruled out that other users of Beat Shaper may receive similar output to yours. Furthermore, we cannot rule out the possibility that the output of Beat Shaper may resemble existing works and be confused with them.
5.8 You are solely responsible for how you use the Output. This includes ensuring that this content does not violate applicable law (in particular copyright and ancillary copyright, personal rights, or competition law) or these Terms of Use. We are not obligated to check the Output for violations of copyright and ancillary copyrights, intellectual property rights, personal rights, and other provisions of civil, criminal, and administrative law.
5.9 Please note that in many jurisdictions, content generated with the help of AI is not granted copyright protection; copyright protection only applies when a human being is involved in the creative process. We are therefore unable and not obliged to provide you with (exclusive or non-exclusive) rights to the Output.
6.1 In order to ensure fair, efficient, and secure use of Beat Shaper the number of user prompts and requests is limited. Once this limit is reached, you may not submit additional prompts until the next reset period begins. We may automatically enforce these limits by temporarily restricting or delaying prompt submissions. The limits depend on the plan that you purchase.
6.2 You must not
6.2.1 circumvent or attempt to bypass these limits through multiple accounts, automated tools, or any technical means;
6.2.2 use scripts, bots, or automation to generate excessive or repetitive prompts.
6.3 Any violation of the aforementioned may result in temporary or permanent suspension of your access, throttling or deleting your prompts and requests, or a termination of the contract.
7.1 We provide you with a warranty in accordance with the statutory provisions. We do not guarantee a specific creative result from Beat Shaper and/or a specific business success through the use of Beat Shaper. We endeavor to protect our platform against attacks by hackers and viruses using all reasonable security measures in accordance with the current state of the art.
7.2 You acknowledge that the operation, availability, and response times of our online platform depend on technical infrastructure over which we have no control. We do not guarantee that the online platform will be available at all times and that all content will always be accessible.
8.1 We are only liable to you for damages caused by us or our vicarious agents through wilful intent or gross negligence. To the extent permitted by law, liability for pure financial losses, indirect damages and lost profits is excluded. Liability for damages caused by gross negligence is limited to the amount of the fees charged to you for the calendar year in which the damaging events occurred. The limitations of this section 8.1 do not apply to personal injury or a contractually assumed guarantee.
8.2 You are obliged to indemnify us against any and all claims by third parties arising from the use of content generated by you using Beat Shaper. This includes, in particular but not limited to, claims for alleged infringement of copyright and ancillary copyright, personal rights, and unfair competition laws.
9.1 The contracts for the individual service packages are concluded for the term agreed upon at the time of the purchase. They are automatically renewed for exactly the same period after expiry of this term if you do not terminate the service package in your user account or by email to info@beatshaper.ai by the last day of the current term at the latest.
9.2 If you cancel a renewing service package, the cancellation takes effect at the end of the current billing period unless stated otherwise before checkout or in your user account. Future billing for the cancelled service package stops after cancellation. Access to the cancelled service package continues until the end of the current paid billing period unless these Terms of Use provide otherwise.
9.3 The user account you created during registration will remain active indefinitely, allowing you to order additional service packages at any time without having to re-enter your data.
9.4 We reserve the right to delete user accounts if no service package is ordered for that account within six months.
9.5 You can cancel your user account at any time. We will not refund any fees already paid, unless required by law, expressly agreed by us, or you terminate for good cause.
9.6 Each party has the right to terminate the contract for the user account and/or service packages at any time without notice for good cause. Good cause entitling us to terminate the contract without notice includes, among other things, the following
9.6.1 if you have entered incorrect data (name, company, address, etc.) for your user account;
9.6.2 if you make your user account available to third parties or transfer it to third parties;
9.6.3 if you otherwise culpably violate a contractual obligation.
9.7 In all these cases, we are also entitled to issue you with a warning and/or temporarily block your account without prior notice. You cannot derive any claims from this. At the same time as blocking your account, we will ask you to remedy the breach within a reasonable period of time.
9.8 In the event of termination of the contract, we are not obliged to continue storing our users' data. It is the responsibility of users to back up their data in good time before the contract is terminated. In the event of termination by us, you will be given a 14-day period to back up your data.
10.1 You may only offset our claims with your own claims that are legally related to your liability, have been established by a court of law or recognized by us, or in the event of our insolvency. If you are an entrepreneur within the meaning of the KSchG (Austrian Consumer Protection Act), the following applies in deviation from this: Offsetting with your own claims is excluded.
11.1 The contract language is English. Versions of these terms and conditions in other languages have been machine-translated and are for guidance only. The English version is the only authoritative version.
11.2 Should individual provisions of these Terms and Conditions be or become invalid and/or contradict statutory provisions, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the parties by mutual agreement with a provision that comes closest to the economic meaning and purpose of the invalid provision in a legally effective manner. The above provision shall apply mutatis mutandis to any loopholes in the provisions.
11.3 The arbitration bodies responsible for consumer disputes arising from transactions conducted via our platform are:
Internet Ombudsman
c/o Austrian Institute for Applied Telecommunications (ÖIAT)
Ungargasse 64-66/3/404
1030 Vienna
Email: kontakt@ombudsstelle.at
Association for Consumer Arbitration
Mariahilfer Straße 103/1/18
1060 Vienna
Email: office@verbraucherschlichtung.at
We decide on a case-by-case basis whether to participate in dispute resolution proceedings.
11.4 This agreement is governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and international referral provisions insofar as these refer to laws other than Austrian law.
11.5 The place of performance is the registered office of our company. The court with jurisdiction at the registered office of our company shall have exclusive jurisdiction for all disputes arising from this agreement, including the question of its effective conclusion and termination. If you are a consumer within the meaning of the KSchG (Consumer Protection Act) and have your domicile or habitual residence in Austria or are employed in Austria, you may, by way of derogation, only be sued before those courts in whose district your domicile, habitual residence, or place of employment is located.
12.1 We reserve the right to amend these terms and conditions from time to time in order to take into account the wishes of our users or changes to our offering. The date of the respective version can be found at the top of the document. We will inform you of any changes by sending the amended terms and conditions to the last email address provided to us. This notification will be sent at least six weeks before the change comes into effect. The amended terms of use shall be deemed to have been agreed if you do not terminate your user account before the date on which they come into effect. We will specifically inform you of the significance of your actions at the beginning of the specified period.
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