Beta Terms of Use

These terms govern the closed beta of schickit. Please read them before you create an account. They are written to be read, not skimmed: where something is limited, unfinished or may go wrong, we say so.

1. Who we are and what these terms cover

1.1 Provider

schickit is provided by Temprana UG (haftungsbeschränkt), An der Stadtmauer 7, 89522 Heidenheim an der Brenz, Germany ("we", "us"). Full provider details are in the legal notice.

1.2 Scope

These terms apply to everyone who holds a schickit account ("you") and cover the use of schickit during the closed beta: the web studio, the link pages and, where we make them available, the mobile apps.

1.3 People who only listen

Someone who opens a schickit link without an account (a "recipient") does not need to accept these terms and does not enter into a user contract with us by listening. How we handle recipients' data is described in the Privacy Policy. Sections 7 and 9 describe the rules for content and for reports; anyone can send us a report.

1.4 Consumers and businesses

You can use schickit as a consumer or in the course of your trade or profession. Where a clause only applies to one of the two groups, it says so. A consumer is a natural person who uses schickit for purposes that are mainly outside their trade, business or profession.

1.5 Your own terms

Terms of your own that differ from these do not apply unless we have agreed to them in text form.

2. How the contract is concluded

1. The beta is by invitation. An invitation is not yet a binding offer.
2. You register with the invited email address and your name. The registration page links to these terms and to the Privacy Policy.
3. By completing the registration you declare that you accept these terms in the version shown, and you make the statement on rights in section 6.1. We store which version you accepted and when.
4. The contract is concluded when your account has been created. You can correct your entries at any time before you complete the registration.
5. The contract can be concluded in German or English. Every published version of these terms stays available at a permanent address and is listed at https://schickit.com/legal/terms/history. We do not store a separate copy of the contract text for each user.

3. The beta

3.1 What "beta" means here

schickit is unfinished software that we are testing with a small group of invited people. We run the beta to learn whether and how the product is used. This has consequences you should know before you rely on it:

• Features can change, be limited or be removed.
• The service can be slow, faulty or unavailable, also without prior notice.
• We do not promise a particular availability or response time.
• Data can be lost. We make backups, but we do not promise that every file or every entry can be restored.

3.2 Keep your own copies

schickit is a tool for sending music, not an archive. Keep your own copy of every file you upload. Do not use schickit as the only place where a track is stored.

3.3 Changes to the service

We may change the service during the beta for a valid reason, in particular to fix errors, to improve security, to comply with legal requirements, to keep costs under control or to develop the product further on the basis of what the beta shows. Changes do not cost you anything. If a change more than insignificantly impairs your access to or use of the service, we will tell you by email a reasonable time in advance. You can end the contract at any time free of charge (section 13.1).

3.4 End of the beta

The beta is limited in time. We may end it, pause it or turn it into a regular service. We will tell you by email at least 30 days before the beta ends, and we will tell you what happens to your account and your tracks. If a regular service follows, its terms will be presented to you for acceptance; they will not apply to you without your active consent.

3.5 Feedback

If you send us feedback or suggestions, we may use them to improve schickit without owing you anything for it. You are not obliged to give feedback.

4. Your account

4.1 Who can have an account

You may create an account only if

• you have been invited, and you register with the invited email address,
• you are at least 18 years old, and
• you live in a member state of the European Union or the European Economic Area.

4.2 Accurate details

Provide a name and an email address that you actually use. We send sign-in codes and all notices under these terms to this address, so keep it current.

4.3 Keeping your account secure

Your account is personal. Do not share sign-in codes, passwords or recovery codes. If you set a password, choose one you do not use elsewhere. If you believe someone else has access to your account, tell us without delay at hello@schickit.com.

You are responsible for what happens through your account, unless you are not at fault for someone else's use of it.

5. What schickit does

5.1 The service

schickit lets you upload audio files, create private links to them and send those links to people you choose. A recipient listens in the browser without an account. You see whether a link was opened and how far it was played.

In detail, the beta currently includes:

• uploading audio files in the formats WAV, AIFF, FLAC and MP3, up to 500 MB per file,
• converting each upload into a streaming version and computing a waveform,
• creating links to a track, with an expiry, optionally with a password and optionally with a download,
• revoking a link at any time,
• statistics per link: opens, listening progress, downloads,
• comments at a point in time in a track.

5.2 Nothing is public

schickit has no public profiles, no feed, no catalogue and no search across other people's content. We do not publish your tracks, we do not list them anywhere, and we instruct search engines not to index link pages. A track is reachable only through a link that you created.

5.3 What a private link can and cannot do

A link is a secret address. Anyone who has the link can open it, unless you protected it with a password. Please be aware of the limits:

• We cannot control whom a recipient forwards a link to.
• We cannot technically prevent a recipient from recording what they hear, or from keeping a file they downloaded.
• Revoking a link stops further playback and further downloads through that link. It does not recall anything that has already been downloaded or recorded.
• A link can stop playing for other reasons: it expired, the track was deleted, the link was opened on an unusually high number of devices, or we turned it off under section 9.

5.4 Listening statistics

The statistics show activity per device and link, together with the name a recipient typed in, if any, and an approximate location at city level. They are not proof of a person's identity. Devices are recognised without cookies and only for a limited time, so opens can be counted more than once. Details are in the Privacy Policy.

5.5 Limits during the beta

Accounts in the beta start with the following limits:

If you allow a download on a link under these limits, recipients receive the streaming version, not the original file.

During the beta we may lift these limits for individual accounts by hand, free of charge. There is no entitlement to this. If we lift limits for your account, we may end this with notice by email; section 10.4 then applies.

We may adjust limits where this is needed to protect the service or to keep its costs under control (section 3.3).

6. Your content and your rights

6.1 Your statement on rights

When you register, you declare, for every file you upload now or later:

• You hold all rights needed to upload the file to schickit and to share it with the recipients you choose, or you have the permission of everyone who holds such rights. This includes co-writers, co-producers, performers, labels, publishers and the owners of samples you used.
• Uploading and sharing the file does not violate any agreement you are bound by, for example an exclusive agreement with a label or a confidentiality agreement.
• The file and its title do not violate the law or the rights of others.

You make this statement once, at registration. It applies to every upload. Do not upload a file if you cannot stand behind this statement for it.

6.2 You keep your rights

Your tracks remain yours. These terms do not transfer ownership of any right to us.

6.3 What you allow us to do

To run the service, we need your permission for the technical steps involved. You grant us a non-exclusive right, free of charge and limited to the purpose of providing schickit to you, to

• store the files you upload,
• make technical copies, including backups,
• convert the files into a streaming version and analyse the audio to draw the waveform,
• deliver the streaming version, and where you allowed a download the corresponding file, to people who open a link you created or to whom you otherwise gave access through schickit, from servers and caches in the locations our infrastructure provider uses.

The same applies to titles, labels and comments you enter, so far as needed to show them to you and to the people you share with.

6.4 What we do not do

We do not make your tracks available to the public. We do not use them for advertising, do not license them to others, and do not use them for any purpose other than providing the service to you and meeting legal obligations.

6.5 When the permission ends

The permission ends when you delete the track or your account, or when the contract ends. Copies are removed within the periods in section 10. Backup copies are overwritten within 30 days.

6.6 Our rights

The software, the design and the name schickit remain ours or our licensors'. You receive a simple, non-transferable right to use the service as intended for the duration of the contract.

7. What is not allowed

7.1 Content

You must not upload, share or post anything that

• infringes copyright, related rights, trade mark rights or other rights of third parties,
• shows or describes the sexual abuse of minors,
• contains intimate recordings or content shared without the consent of the person concerned,
• harasses, threatens or defames others,
• incites violence or hatred, or supports terrorist or extremist violence,
• discloses personal data of others without a legal basis,
• contains malware, or a file that only pretends to be audio,
• is otherwise unlawful.

This applies to audio files, titles, labels, names and comments alike.

7.2 Use

You must not

• use schickit to make music available to the public, for example by posting a link on a website, in a public channel or on social media. Links are meant for people you choose individually;
• use schickit as a general file store, as a backup or to distribute content on a large scale;
• create accounts for others, use more than one account to get around limits, or pass your account on;
• try to get around limits, access controls or the revocation of a link;
• guess, harvest or test links that were not sent to you;
• access the service by automated means other than through interfaces we provide for that purpose, or put a load on it that is out of proportion to normal use;
• interfere with the security or operation of the service, or probe it for vulnerabilities without our prior consent;
• use listening statistics to track or build profiles of recipients beyond what the service shows you.

7.3 Your responsibility for recipients

You decide who receives a link. You are responsible for that choice and for what you send. If you protect a link with a password, send the password separately from the link.

8. Comments

Comments belong to a point in time in a track.

• A recipient can comment through a link after entering a name. The comment is visible to you and to everyone who has the same link. It is not shown on other links to the same track.
• Comments you write on your own tracks are notes for you. Recipients do not see them.
• You can delete your own comments. As the owner of a track you can delete comments others left on it.
• Section 7.1 applies to comments. We may remove comments that violate it (section 9).
• If your account is deleted, comments you left on other people's tracks remain without your name.

9. Reports, removal and objections

9.1 How to report

Anyone who believes that content on schickit is illegal or violates these terms can report it, with or without an account:

• by email to abuse@schickit.com, or
• through the "Report" link at the bottom of every link page.

So that we can act on a report, please include the address of the link, the reason why you consider the content illegal, and your name and email address. For reports about the sexual abuse of minors, your name and email address are not required.

abuse@schickit.com is also our point of contact for authorities and for users in matters of illegal content. You can write to us in English or German.

9.2 How we handle reports

• We do not check content before it is uploaded, and we do not monitor it in general.
• Every report is read and decided by a person. We do not use automated tools to decide on content.
• We decide on the basis of the report, of information about the track (such as title, file name, length, upload date, number of links and listeners) and of the uploader's response. We do not listen to the track for this. We read a comment only if that comment was reported.
• We aim to confirm receipt within 24 hours and to decide within 3 days. If you gave us contact details, we tell you our decision and how you can object to it.
• If we cannot tell whether a report is justified, we may turn the links off until the matter is clarified.
• If content points to the sexual abuse of minors or to a threat to someone's life or safety, we turn the links off as soon as we learn of it and inform the competent authority.

9.3 What we may do

If a report is confirmed, or if we otherwise learn of illegal content or of a violation of these terms, we may, depending on how serious the matter is,

• turn off all links to the track. The track then plays for no recipient, cannot be given a new link or a new version, and does not play in playlists;
• remove a comment;
• suspend your account (section 9.5);
• inform authorities where the law requires it.

We act with care, objectively and in proportion, and take into account the rights and interests of everyone involved.

Turning links off does not delete the file. It stays stored until it is deleted under section 10. This keeps the matter open to review for both sides.

9.4 What we tell you

If we take one of these steps against your content or your account, we tell you by email without undue delay which step we took, the facts and the reason behind it (the law or the clause of these terms), whether the step follows a report, and how you can object. We do not do this where the law forbids it, in particular where an authority requires us not to.

9.5 Repeat violations and suspension

We suspend an account

• after three confirmed cases against it within 12 months, or
• after the first confirmed case involving the sexual abuse of minors.

A case counts as confirmed when we have decided it against the account and the decision was not reversed after an objection. In other serious cases we may suspend an account where continuing the contract cannot reasonably be expected of us (section 13.3).

Suspension means: all links of the account stop playing, you can no longer sign in, and your data stays stored until the regular deletion periods. We tell you the reason and how to object.

9.6 Objections

If you disagree with a decision — as the uploader or as the person who reported — reply to our message or write to abuse@schickit.com and tell us why. We review the decision. If your objection is justified, we reverse the decision without undue delay. Links that were turned off stay off in that case; you can create new ones for the track.

Your right to go to court or to the competent authority is not affected.

10. Storage and deletion

10.1 Original files

During the beta we keep the original file of a track for as long as the track exists. We do not delete original files because a track has not been played.

A regular service after the beta may come with storage rules for original files. They would be part of its terms, which do not apply to you without your active consent (section 3.4).

10.2 Deleted tracks

If you delete a track, its links stop playing. The stored files are permanently deleted within hours. This cannot be undone.

10.3 Incomplete uploads

Uploads that were started but not completed are removed automatically.

10.4 When lifted limits end

If we lifted limits for your account and this ends:

• existing links keep running until their expiry,
• all your tracks remain visible, playable and shareable; nothing is deleted because of the change,
• new uploads, new links and new versions are subject to the limits in section 5.5 again, and older versions of a track are no longer selectable.

10.5 Deleting your account

You can delete your account yourself in the account settings. Then:

• all your links are revoked immediately and stay revoked,
• you are signed out everywhere,
• for 30 days you can restore the account by signing in again. Revoked links are not restored,
• after 30 days the account is deleted for good: your tracks, files, links and playlists are removed and your account details are erased. Comments you left on other people's tracks remain without your name.

10.6 Other data

How long we keep statistics, session data and reports is described in the Privacy Policy.

11. Costs

The beta is free of charge. We do not ask for payment details and we do not charge you.

We intend to offer paid plans later. They will be subject to their own terms, which you would have to accept separately. No paid plan starts without your express order.

Your own costs for internet access and devices are yours.

12. Liability

12.1 Unlimited liability

We are liable without limitation

• for damage caused intentionally or by gross negligence on our part or on the part of our legal representatives or persons we use to perform our obligations,
• for injury to life, body or health,
• under the German Product Liability Act,
• where we have fraudulently concealed a defect or given a guarantee.

12.2 Slight negligence

In cases of slight negligence we are liable only if we breach an essential obligation. An essential obligation is one that must be fulfilled for the contract to be carried out properly at all and on which you may regularly rely. In that case our liability is limited to the damage that is typical for this kind of contract and was foreseeable when the contract was concluded.

12.3 Otherwise

Beyond sections 12.1 and 12.2 we are not liable for slight negligence.

12.4 Loss of data

You are required to keep your own copies of your files (section 3.2). Where we are liable for a loss of data under section 12.2, our liability is limited to the effort that would have been needed to restore the data had you kept such copies.

12.5 Persons acting for us

These limits also apply to the personal liability of our employees, representatives and persons we use to perform our obligations.

12.6 Statutory rights

If you are a consumer, your statutory rights in the event of defects remain unaffected.

12.7 Claims by third parties

If a third party makes a claim against us because content you uploaded or shared, or your use of schickit, infringes their rights, you will indemnify us against that claim and bear the reasonable costs of our legal defence. This does not apply if you are not responsible for the infringement. We will inform you of such a claim without delay and give you the opportunity to respond.

13. Term and ending the contract

13.1 Ending by you

The contract runs for an indefinite period, at most until the end of the beta. You can end it at any time without notice by deleting your account (section 10.5) or by writing to hello@schickit.com.

13.2 Ending by us

We can end the contract with 30 days' notice by email. Section 3.4 applies to the end of the beta.

13.3 Ending for good cause

Either side can end the contract without notice for good cause. Good cause for us includes, in particular, a serious or repeated violation of sections 6.1 or 7, and the cases in section 9.5. Unless the violation is so serious that we cannot reasonably be expected to wait, we will warn you first.

13.4 What happens afterwards

When the contract ends, your links stop playing and your account and content are deleted under section 10.5. Where we end the contract with notice, you keep access to your account until the notice period ends.

14. Changes to these terms

14.1 Versions

Each version of these terms carries the date from which it applies. Earlier versions remain available at https://schickit.com/legal/terms/history.

14.2 Editorial changes

We may make changes that do not affect your rights or obligations — such as corrected wording, a new address or a clearer explanation — by publishing a new version. We note what changed in the version history.

14.3 Material changes

Changes that affect your rights or obligations apply to you only if you actively accept them. For such a change,

• we tell you by email at least 30 days before the new version is due to apply, and explain what changes,
• we ask you for your acceptance in the product. Silence does not count as acceptance.

If you do not accept, the version you last accepted continues to apply to you. From the date on which the new version applies we may in that case stop you from uploading new files and creating new links until you accept, and we may end the contract under section 13.2. You can delete your account at any time.

14.4 Changes required by law

Where a change is required by law, by a court or by an authority, and leaves us no discretion, we may apply it from the date on which it is required. We tell you about it by email.

15. Information for consumers

15.1 Right of withdrawal

If you are a consumer, you have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day on which the contract was concluded.

To exercise the right of withdrawal, you must inform us — Temprana UG (haftungsbeschränkt), An der Stadtmauer 7, 89522 Heidenheim an der Brenz, Germany, hello@schickit.com — of your decision to withdraw from this contract by an unequivocal statement, for example a letter sent by post or an email. You may use the model withdrawal form below, but this is not required.

To meet the withdrawal deadline, it is sufficient for you to send your notice before the withdrawal period has expired.

Effects of withdrawal. If you withdraw from this contract, we will reimburse all payments we have received from you without undue delay and at the latest within 14 days of the day on which we received your notice. As the beta is free of charge, there is nothing to reimburse. We will close your account and delete your content under section 10.5.

Model withdrawal form. If you want to withdraw from the contract, you can fill in this text and send it to us:

• To Temprana UG (haftungsbeschränkt), An der Stadtmauer 7, 89522 Heidenheim an der Brenz, Germany, hello@schickit.com:
• I hereby give notice that I withdraw from my contract for the use of schickit.
• Registered on:
• Name:
• Email address of the account:
• Date:

15.2 Dispute resolution

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

16. Law and courts

16.1 Applicable law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer and live in another country of the European Union or the European Economic Area, you also keep the protection of the mandatory provisions of the law of the country where you live.

16.2 Courts

If you are a consumer, the statutory rules on jurisdiction apply. If you are a merchant, a legal entity under public law or a special fund under public law, the courts at Heidenheim an der Brenz, Germany have exclusive jurisdiction for all disputes arising from this contract.

17. Final provisions

17.1 Language

These terms are available in a German and an English version. The German version prevails; the English version is a translation for convenience.

17.2 Transfer

You may not transfer your account or your rights under this contract to anyone else. We may transfer this contract to a company that takes over schickit. We will tell you by email at least 30 days in advance; you can end the contract at any time (section 13.1).

17.3 Validity

If a provision of these terms is or becomes invalid, the rest remains in force. The statutory rule applies in place of the invalid provision.

17.4 Contact

• Questions about your account or these terms: hello@schickit.com
• Reports about content: abuse@schickit.com
• Data protection: privacy@schickit.com
• Provider details: https://schickit.com/legal/imprint