General Terms of Use

Last update: 14 February 2025

0. Definitions

Recordings means the sound recordings offered by the Service.

Synchronisation Purposes means the use of a Recording for the creation of a Productions.

Production means an Audio-Visual Production or a Podcast, but not a music-only production, e.g. pure music productions such as commercial or private recordings, sound recordings and the like. Podcasts (as defined below) are the only audio only production which is considered a Production.

Audio-Visual Production means a combination of a visual medium, e.g. a film, with an audio medium, e.g. music.

Podcast means an audio-production consisting of a combination of music and speech which digital audio program or series that is available for streaming or download over the internet. Podcasts are typically produced in episodes and can cover a wide range of topics, including news, education, storytelling, entertainment, interviews, and more.

Website means a website owned and run by the User.

Digital Ads means promotional content delivered through online channels to reach consumers. This form of advertising uses the internet and digital devices to promote products, services, or brands. Digital ads can appear in various formats, including display ads, search engine ads, social media ads, video ads, native ads, email marketing, and affiliate marketing.

Paid Media means any form of advertising or promotional content that a business pays for to reach a specific audience or achieve a particular marketing objective. It includes advertisements or other commercial productions published within paid media space, such as, but not limited to, online pre/mid/post-rolls.

TV Shows means an Audio-Visual Production which is used by a TV station for broadcasting services.

TV Ads are Audio-Visual Productions which contain advertising for products or services, and which shall be broadcasted on TV stations.

Commercial Streaming means the delivery of a Production, such as video or Podcast, over the internet for commercial purposes. This type of streaming typically involves a business model where content is monetized through various means, including subscriptions, advertisements, pay-per-view, or a combination of these methods.

Video on Demand (VOD) means a media distribution system that allows users to access video content whenever they choose, rather than at a scheduled broadcast time. 

Apps means software programs designed to perform specific tasks or functions on various digital devices. Apps can be installed and run on a range of platforms, including smartphones, tablets, computers, smart TVs, and other electronic devices.

Software means programs, applications, and operating systems that run on computers and other electronic devices.

Games means structured forms of play or activities that are undertaken primarily for entertainment, enjoyment, or educational purposes. Games can involve physical, mental, or strategic challenges, and they typically have a set of rules or objectives that players must follow or achieve.

Licensed Medium/Media means the permitted media as more specified within the relevant Subscription Terms.

Excluded Media means the media and type of use as more specified within the relevant Subscription Terms.

Channel means a channel owned and run by the User on a social media platform like YouTube, Instagram, Facebook, TikTok et al., pages, profiles, or feeds, etc. 

Monetisation means the User participates in the advertising revenue generated by the platform in connection with user generated content

1. Scope of Conditions 

1.1 ProTunes One is a service provided by ProTunes Europe GmbH, Bergmannstraße 21, 01309 Dresden, Germany (hereinafter referred to as ProTunes). These terms of use govern the relationship between ProTunes and the users (hereinafter referred to as "Users") of the online service ProTunes One (hereinafter the “Service”).

1.2 ProTunes One allows Users to search for and license music for Synchronization Purposes.

1.3 Changes to these terms of use will be offered to the User by email to the User's email address provided in the registration process at least 14 days before their proposed effective date. The User shall be deemed to have given his/her consent if he/she has not indicated his/her rejection before the proposed date on which the changes are to take effect. ProTunes will specifically draw the User's attention to this effect of approval in its offer.

1.4 Additionally, due to ProTunes One’s usage of the YouTube API, Users of this site are bound by the YouTube Terms of Service available for viewing here: https://www.youtube.com/t/terms.

2. Service

2.1 The Service enables Users to select Recordings for Synchronisation Purposes from a catalogue of music titles and to license these for their Production. Licensing is regularly carried out within the framework of a subscription.

2.2 ProTunes offers various subscription plans that provide Users with different usage options. The scope of the rights granted depends on the respective subscription model selected by the user and the applicable Subscription Terms, which can be found here. Beyond these Terms of Use the selected Subscription Terms are applicable (hereinafter referred to as the Subscription Agreement). 

2.3 The licensing of the Recordings music titles allows users to upload their Productions on Licensed Media as more specified within the respective Subscription Terms, but the User is not allowed to use the Recordings within Excluded Media; and the User must not entitle third party to use the Recordings within Excluded Media. 

3. Registration

3.1 In order to use the Service the User must register and create a user account.  After registration the User can log in by entering his/her username and password or by supported log-in methods such as Google Account.

3.2 The User confirms that he is at least 18 years old and that he meets the age restriction to be allowed to use the Service. The User is responsible for the accuracy and completeness of the data provided during registration and guarantees to provide accurate information during registration. 

3.3 The User undertakes to treat his/her Login-Data confidentially and to protect them from unauthorised access by third parties. All uses made via the User's account are attributed to the User. 

3.4 The User is entitled to terminate his/her Subscription Agreement within the notice period stated in the subscription plan  any time. However, the end of the User subscription has no effect on the obligations arising from the underlying contractual relationship, including any payment obligations.

4. Limitation of liability

4.1 ProTunes uses economically reasonable efforts to ensure that the Service is available without interruption. ProTunes does not guarantee the extent or number of music titles offered on the Service. 

4.2 ProTunes shall be liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by ProTunes or a legal representative or vicarious agent of ProTunes.

4.3 Furthermore, ProTunes is liable for the slightly negligent breach of essential contractual obligations. Essential obligations are obligations whose breach endangers the achievement of the purpose of the contract or whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the User regularly relies. Material obligations are also those obligations which arise from the nature of the contract and the impairment of which would jeopardise the purpose of the contract. In this case, however, ProTunes shall only be liable for the foreseeable, contract-typical damage. ProTunes shall not be liable for the slightly negligent breach of obligations other than those mentioned in the above sentences.

4.4 The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

4.5 Insofar as the liability of ProTunes is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

5. Data Protection

ProTunes collects, processes and uses Users' personal data in accordance with the applicable data protection regulations. The Privacy Policy of ProTunes applies. 

6. Term and Termination

6.1 The contract between the User and ProTunes is concluded for an indefinite period and can be terminated by either party with two weeks’ notice to the end of the respective calendar month. The User may terminate this contract at any time by deleting his/her User account. However, the User acknowledges that deletion of the User account is only possible if any subscription contracts have been terminated beforehand.

6.2 The right to extraordinary termination for cause remains unaffected. 

7. Final Provisions

7.1 Unless otherwise required by the mandatory law of a member state of the European Union or another country, the agreement (and any non-contractual disputes/claims arising out of or in connection with it) shall be governed by German law, excluding the conflict of laws rules. 

7.2 ProTunes is not obliged to participate in, and is not willing to participate in, any dispute resolution procedure before the Arbitration Board of the European Commission or before any other consumer arbitration board.