Language
English
Close
Menu
Account
Language
English
0

AGB

  • Home
  • Terms & Conditions

AGB

Terms and conditions

Translation into English. Original language is German. Version dated 25.06.2024 Rev. 2184


  • Applicability of terms and conditions
    • The following terms and conditions apply exclusively to all contracts covering services and shipments provided by
      Bytsch Technology UG
      Geestbogen 16
      24941 Flensburg
      Germany
      (hereafter: provider)
      via the FEELPLEX platform.
    • References to the inclusion of other general terms and conditions, business and purchase conditions are expressly rejected. This also applies if references are made to such inclusions in commercial confirmations.
  • Completion of contracts
    • Contracts are exclusively completed in the German language.
    • The presentation of the goods does not represent a binding offer from the provider to complete a contract. The customer is merely invited to provide an offer through their order. All presentations of goods are non-binding and only apply as long as stocks last.
    • By sending off an order and clicking on “order” the customer is submitting a binding order on the completion of a purchase contract for the items contained in their shopping cart.
    • The provider only enters into contractual relations with customers of age. By sending an order, the customer confirms that they are at least 18 years old. They also ensure that all information provided regarding age, name and address are correct. If under age persons submit orders by providing incorrect details or without permission from their guardian, the provider will appeal against the contract due to fraudulent misrepresentation (Section 123 German Civil Code [Bürgerliches Gesetzbuch BGB]). The provider also reserves the right to initiate claims against the client for any costs incurred.
    • The provider will confirm receipt of the order directly via email. The provider will store the contract document and all data that the customer provides at registration. With the email sent to the customer upon receipt of the order, the provider also includes the data stored to process the order and these general terms and conditions. This does not apply if the customer does not provide an email address with the order, or the email address is incorrect. Confirmation of receipt does not constitute acceptance of the order. It merely serves to inform the customer that the provider has received the order.
    • The confirmation of order acceptance only takes place with the confirmation of the commission by the provider, which the provider will send five days after receipt of the order at the latest.
  • Shipping area, shipping costs
    • The provider exclusively ships to addresses in Germany. The provider will not ship to parcel stations.
    • The provider states any shipping costs together with the items on offer. The customer is also advised of shipping costs that may apply before the order is completed.
  • Payment methods, refunds
    • During order processing, the customer can choose from the payment methods “advance payment”, “PayPal”, or “PayPlus Plus”. The payment method “advance payment” means customers have to make a bank transfer to the account listed by the provider. “PayPal” and PayPal Plus” payments are made through the payment system provided by PayPal.
    • If the provider is obliged to make a refund, the refund will be made by bank transfer for payments originally made that way and through PayPal for payments made through PayPal. The customer is obliged to provide bank details for a refund via bank transfer.
  • Shipping times, execution times
    • The provider will send the ordered goods immediately – at least within five working days – following receipt of payment.
    • If the goods ordered by the customer should not be ready for shipping within the deadline mentioned under 1, the provider will inform the customer immediately.
    • If the provider is not able to complete the order within the agreed time period due to higher forces, labour disputes, fire, unforeseeable obstacles or other reasons not under the provider’s influence, the shipping or performance time will be extended for the duration of the circumstances. This also applies if the provider is experiencing delays before such circumstances occur.
    • If performance is delayed for more than a month, both the provider and the customer have the right to withdraw from the contract without providing any other reason. Any rights beyond this on the part of the customer remain unaffected. The provider will inform the customer immediately of their inability to fulfil orders and in the case of withdrawal from the contract, refund any payments made by the customer immediately.
  • Guarantee, examination duties
    • The provider guarantees the shipped goods in line with the legal requirements. The period of limitation for claims on defective goods is 2 years, which starts from the day the goods are received by the customer. The guarantee does not cover wear and tear or usage. Defects and damages resulting from the customer disregarding usage and deployment conditions is also not covered by the guarantee. This does not apply if the customer can prove that the defects have not been caused by incorrect use or deployment.
    • In cases of defects, customers can demand that the goods are improved or replaced. If the provider is only able to fulfil a request for improvement or replacement at excessive cost, the customer’s claim will be restricted to the other type of rectification. If rectification measures prove unsatisfactory twice, the customer has the right to withdraw from the contract or demand a discount. If the customer is not a consumer as outlined in Section 13 of the German Civil Code [Bürgerliches Gesetzbuch (BGB)] the following conditions in items 3 and 4 shall ap-ply:
    • In contrast to the conditions outlined under 1, the period of limitation for claims on defective goods is 1 year.
    • Sections 377 and 378 of the German Commercial Code [Handelsgesetzbuch (HGB)] re-main unaffected.
  • Limitation of liability
    • In cases of intent or gross negligence, the provider is liable in accordance with the legal provisions.
    • In any other cases, the provider is only liable in accordance with product liability laws for injury to life, limb and health or intentional breach of material contractual obligations (material contractual obligations are those whose fulfilment characterises the contract and on which the customer should be able to rely) or if a defect is intentionally concealed or for which a guarantee for the characteristics of the item to be delivered was provided. Any liability beyond this is excluded.
    • If the customer has a right to claim for damages for non-performance or damages due to the violation of material contractual obligations, this will be limited to the foreseeable damages typical of this type of contract.
  • Applicable law, dispute resolution, place of performance, court of jurisdiction
    • The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.
    • The European Commission has an online dispute resolution (ODR) platform that custom-ers can access here: http://ec.europa.eu/consumers/odr/.
    • The provider is not prepared or obliged to take part in dispute proceedings before a dispute panel. If the customer is not a consumer as outlined in Section 13 of the German Civil Code [Bürgerliches Gesetzbuch (BGB)] the following conditions in items 2 and 3 shall apply:
    • For all claims resulting from or in relation to the contract between the customer and the provider, the place of performance is the registered office of the provider.
    • The sole court of jurisdiction for all disputes resulting directly or indirectly from the con-tract is Flensburg.

Privacy declaration / Data Protection Statement

Translation into English. Original language is German. Version dated 25.06.2024 Rev. 2184

Welcome to our website and thank you for your interest in our company. We care about protecting your private information and would like to explain how we handle your personal data when you use our website and apps.

You will find the following explanations summarised in this data protection guideline:
    • As a company, we (“Feelplex”, “we” and “us”) adhere to the legal data protection regulations and appreciate our customers’ and visitors’ privacy. We believe it is important to protect the identity of our customers and to avoid using technical possibilities in such a way that our users’ personal data can be recorded or used for profiling. Even in the design of our online offer we consider “privacy by design” and the worst-case scenarios of a possible data leak, e.g. through hacking or the mandatory submission of customer data, and look for the best options for protecting our users’ identities.

    • Scope of application
      This data protection statement applies to all online offers on the “Feelplex” platform, including all apps (mobile apps, widgets, APIs, player and other services offered by Feelplex).

    • Definitions
      The following terms adopted from Article 4 of the GDPR are used in this data protection statement:

    • „Personal data“ means any information relating to an identified or identifiable person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

    • „Processing“ means any operation or set of operations which is performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

    • „Restriction of processing“ means the marking of stored personal data with the aim of limiting their processing in the future.

    • „Profiling“ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

    • „Controller“ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller of the specific criteria for its nomination may be provided for by Union or Member State law.

    • „Processor“ means a natural or legal person, public authority, agency or another body which processes personal data on behalf of the controller.

    • „Recipient“ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of such data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of processing.

    • „Third party“ means a natural or legal person, public authority, agency or other body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

    • „Consent“ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

    • „International organisation“ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement by two or more countries.

    • Purposes of processing data
      • Presentation of online offers
      • Presentation of individual functions
      • Initiating contact and communication with users
      • Technical support and technical evaluation (e.g. availability of bandwidth)
      • Security measures
      • Marketing
    • Represented by CEO: Alexander Rommel
    • We duly refer to the legal basis of our data processing in all sections of this data protection statement. The following principles of the General Data Protection Regulations (GDPR) apply in any cases where a statement is provided without reference to the legal basis:

    • Article 6 (1) (a) and 7 GDPR
      Legitimacy of our consents

    • Article 6 (1) (b) GDPR
      Processing is necessary due to the pre/contractual obligation between us and the data subject
      Processing is necessary for the purpose of processing queries from the data subject to fulfil contractually agreed services

    • Article 6 (1) (c) GDPR
      Processing is necessary due to our legal obligations

    • Article 6 (1) (d) GDPR
      Processing is necessary due to the vital interests of the data subject

    • Article 6 (1) (e) GDPR
      Processing is necessary due to the public interest in completing a public-interest task

    • Article 6 (1) (f) GDPR
      Processing is necessary due to our legitimate interests
    • The presentation of our online services and the operation of our website takes place on the servers of a third-party provider, who bears responsibility for the hosting, server management, security measures and connection on our behalf based on our legitimate interest and in compliance with the corresponding guarantees in accordance with Article 28 GDPR.

    • Our hosting service provider and their servers are located in the EU or the European Economic Area.
    • You can visit our website without providing any personal information. Only information of a general nature will be stored in our server log files when you visit our website, such as:
      • name and URL of the file requested
      • data and time of access
      • data volume transmitted
      • IP address of the requesting computer
      • browser type
      • website from which you were referred (referrer URL)
      • user’s operating system and
      • provider from which request is received
    • This data is evaluated exclusively to ensure smooth operation of our platform and to improve our online offers and does not enable us to identify you as a person. This information is required for technical reasons and is processed based on our legitimate interest in accordance with Article 6 (1) (f) GDPR. The user does not have the option to object to this.

    • Access data is stored by us/our hosting provider in our log files exclusively for security reasons, e.g. to clear up any cases of misuse or attacks and for a maximum of 12 months after which time period it is deleted.
    • Upon registering you are able to log in, manage your existing data and view orders made in the shop with just your email address and password without having to provide contact details once again.
      Another benefit of registering is the unrestricted use of digital content provided on the platform and our online services pursuant to our Terms of use.

    • While registering, logging in and using our online offers we collect the following data:
      • title, first name, surname
      • date of birth
      • valid email address
      • password
      • IP address and point in time of user actions
      • name and URL of file called up
    • These data sets enable us
      • to identify you as a customer
      • to process your queries, commissions and orders
      • to invoice and correspond with you
      • to contact you and provide notifications regarding digital content you have provided (images, texts, sound and videos)
      • to technically maintain our platform
      • and to manage your online service orders in your user account
    • Registration requires that you consent to us processing this data and authorises us to collect this data during the registration process in accordance with Article 6 (1) (a) and (b) GDPR.
    • You can send us a commission or support ticket through your user account. The commissions or requests sent initially remain non-binding until you contractually agree to a certain service.

    • In addition to the information provided and the documents voluntarily sent with the commission form, we collect the following data:
      • IP address and point in time of user actions
    • When contracts are effectively concluded the following mandatory information is collected:
      • title, first name, surname
      • shipping and invoice address
      • email address and phone number
      • contract data (information about services agreed)
      • name of person to be contacted
      • and payment details (bank details, payment plan, etc.)
    • Personal data is exclusively processed to fulfil contractual obligations, to coordinate the offer with you precontractually and to invoice the corresponding fee.

    • We are legally required to store service contracts over the term of the contract and beyond to comply with legal retention obligations. The documents submitted are stored with your commission for the duration of your membership and made available for you to view in your user account.

    • Data submitted by you is processed in accordance with Article 6 (1) (b) GDPR for the purposes of fulfilling the contract and processing your requests.
    • You can submit reviews, opinions and even posts on our website, and when providing digital media content, you can add text descriptions and images. Please be aware, however, that this content is publicly available and the information contained within may not feature personal data under any circumstances. We are expressly not responsible or whatever information you make public. We are also not responsible for the consequences resulting from the use of this information. But you do have the option of contacting us to request the information is corrected or deleted.
    • We do not retain/store any user search histories, regardless of where your search takes place on our servers.
    • The majority of our online offer constitutes the provision of digital media content. We make this content available for sale, download and other services on our site in accordance with our Uploader's licence agreement

    • To make digital media content available we collect the following data:
      • IP address and point in time content is transmitted
      • name and metadata of data transmitted
      • purpose of use of content or type of availability (e.g. sale, donation or free download)
      • price, date of recording and location with geolocalisation of content
      • identification and description in text and image for content
      • information regarding recording equipment
      • comment text for internal communication (info for Feelplex)
      • services wanted for content (e.g. audio processing, translation, etc.)
    • When you upload your sound recording, you must provide the information above regarding your recording equipment in our upload form for media content. In order to facilitate providing information for new uploads, we offer a help function that can prefill certain fields (e.g. recording device used). The information shown in these fields is taken over from the last time you used the upload form.

    • The comments transmitted with the upload form are only used for internal communication and are not publicly available.

    • Along with your existing customer data, which you sent us during the registration process, we processing the following data in uploading digital content from you:
      • first and surname of the licensor
      • email address
    • We process the data named above in accordance with Article 6 (1) (b) GDPR in order to feature your content on our website for the requested purpose, calculate any fees, show you the status of your digital content in your user account and to inform you of any changes to the status of your digital content (e.g. deletion, sale, suspension). This information is stored in electronic form for the duration of your membership or the duration of the contract for individual media content and the duration of legal retention obligations.

    • When you cancel your contract or end your membership, the data is blocked and the content and other changes on the server are inaccessible.
    • You can order products for shipping, downloadable content and other services in our shop. If your order only contains products for shipping you can complete your purchase as a guest without having to register.

    • Your personal data is submitted voluntarily during the order process and transmitted to us. However, mandatory information must be supplied to complete the purchase contract. These are marked out for you during the order process.

    • For both a guest order and order with registration we collect the following personal data:
      • title, first name, surname
      • shipping and invoice address
      • email address and phone number
      • name of person to be contacted
      • and payment details (bank details, payment plan, etc.)
    • During the order you must consent to the processing of this personal data that is used solely to process the contract and your requests.

    • The legal basis is the conclusion and processing of a purchase contract in accordance with Article 6 (1) (b) GDPR.

    • Various payment providers are available to process payments and these can be selected during the order process. You will be forwarded to the payment provider where you can enter your details directly with the selected payment provider. The payment provider selected is the recipient of the information you provide. The connection to payment providers for processing the order is based on Article 6 (1) (b) GDPR.

    • Payments via PayPal or PayPal Plus are processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”). You can access PayPal’s data protection information by following the link below: https://www.paypal.com/en/webapps/mpp/ua/privacy-prev?locale.x=en_US

    • Your data is stored for the duration of the purchase contract and legal retention obligations.

    • The personal data collected in relation to the payment transaction is stored for the duration of the payment process.
    • If you have generated proceeds from the sale of media content provided by you and wish to have your credit paid out, you can request a payout in your user account.

    • The following information is mandatory to pay out credit:
      • first and surname
      • invoicing address
      • phone number
      • account holder (first and surname)
      • and bank details
    • The recipient of the payment, or holder of the bank account, must be identical to the holder of the Feelplex account. We must also ensure that the recipient of the invoice and the name of the person to receive the credit match. We will therefore use the existing data to check identities and use this for any follow-up communications for queries.

    • The legal basis for collecting and processing this data is based on Article 6 (1) (b) and (c) GDPR.

    • Your data will remain stored on the server until the requested payout has been successfully completed and entered into our accounts.

    • In accordance with tax and commerce regulations we reserve the right to retain your data until the legal retention obligations have expired. Data is regularly deleted following the end of this time period.
    • Our apps require access to:
      • •Location data (GPS and network based)
        Your location is required to optimally adapt search results to your position and to correctly display other location-dependent digital content in your location. These local results, information and content are displayed in a user-friendly manner, e.g. a map. Your location will never be transmitted without your consent.
      • Internet connection
        The services provided in our apps require an internet connection. This is technically necessary and forms the basis of the functions.
      • System status
        Individual function of our apps such as alarm clock, timer, player etc. will keep your device active, in and out of the stand-by mode, changing its status.
      • Photos/media/files
        The corresponding authorisation must be granted so that you can transmit content through our apps to Feelplex. Download and offline use of content is only possible with access to your storage location.
    • You have full control over authorisations granted to apps on your end device. Authorisation can be granted during installation of our apps and revoked in system settings. Our apps only use the authorisations granted for the purposes listed above.
    • If you subscribe to our newsletter, we will send you emails with advertising material, information on our services, products, customer opinions and new posts and possibly even press releases.

    • Registration is voluntary, with consent as outlined in Article 6 (1) (a) GDPR, which can be given during the registration process or through your user account.

    • We use the double-opt-in process for email newsletter subscription. You will receive an email asking you to confirm that you would like to receive newsletter mails. This enables us to ensure that the registration was intentional and not a mistake or due to the misuse of your email address.

    • During registration for the email newsletter we collect the following data:
      • IP address
      • data and time of the user action
    • Together with your existing customer data, which you will have shared with us during registration, we process the following data to complete the newsletter registration and enable delivery:
      • first and surname
      • email address
    • The legal basis for data processing, storage and logging is our legitimate interest in accordance with Article 6 (1) (f) GDPR.

    • You can unsubscribe from the newsletter at any time by either sending a message to the contact details below or by following a link in the newsletter. If you consent to receiving our newsletter, we reserve the right to send you news relating to Feelplex offers and related topics regularly per email in accordance with Article 6 (1) (f) GDPR and Section 7 (3) of the Law on Unfair Competition [Gesetz gegen den unlauteren Wettbewerb (UWG)].
    • If you have any questions regarding the functions of the Feelplex platform, or wish to contact us for any other reason you can contact us via:
      • email
      • phone
      • fax
      • contact form
      • problem notification form
      • social media
    • Regardless of how you contact us, personal data such as the following may be collected:
      • first and surname
      • email address to determine the source of the request and for further communication
      • IP address
      • data and time of the request
      • name and URL of the digital content concerned
      • information provided in the text box from the person contacting us
    • Data collection is very important to us as it allows us to answer your queries and fulfil our duties in accordance with Article 6 (1) (b) GDPR (contractual obligations) and to safeguard our legitimate interests in accordance with Article 6 (1) (f) GDPR.

    • Data is exclusively submitted on a voluntary basis. Personal data is only processed in order to contact people, in accordance with Article 6 (1) (a) GDPR.

    • Our users’ data is protected, not made public or discoverable via search engines.

    • Access to your user account is protected by password.

    • Access to personal information is restricted and only certain staff who explicitly require this information have access to it. Everybody who processes data on our behalf (including our staff) must sign a confidentiality agreement to protect our users.

    • In accordance with Article 28 GDPR, external contract processors act exclusively on the basis of a contract processing agreement.

    • Your visit to our website is encrypted using the latest SSL technology.

    • We synchronise data and back up our existing data base at regular intervals. We safeguard our data from unauthorised access and use through the constant synchronisation and DNA checks of our file systems.

    • If data is processed on our behalf by a contract processor or a third party (e.g. hosting provider), processing will only be performed under sufficient guarantees and compliance with legal permission (e.g. payment service providers for contract fulfilment pursuant to Article 6 (1) (b) GDPR) or based on our legitimate interest.

    • Processing performed by a contract processor is based on an agreement (contract processing agreement) in accordance with Article 28 GDPR.

    • Where necessary for the delivery of goods, we will pass your personal data on to the shipping company hired for delivery in order to fulfil our contract.

    • Depending on which payment service provider you select during the order process, we will pass on the payment data collected to process payments to the credit institute tasked with performing the transaction, or, where necessary, payment service providers hired by us or payment services selected. Certain payment service providers also collect this data themselves if you set up an account with them. In this case you have to provide the payment service provider with your log in data during the order process, and the data protection statement of the payment service provider then applies.

    • We transmit your data to our tax advisor/auditor to fulfil administration tasks. This is based on Article 6 (1) (c) and (f) GDPR.

    • We or our contract processors will look at customer data in the case of problem notifications, support requests or update or maintenance work on the system or parts of the system, e.g. to rectify errors.

    • If functions are deployed on our website that are offered/managed by contracted service providers, you will be informed separately and given details regarding the purpose and justification of transmitting your data to service providers and duration of the storage.

    • Every type of transmission to a third country (i.e. outside of the European Union or the European Economic Area) or an international organisation occurs exclusively under confidentiality agreements. This provides a guarantee that your data will be treated confidentially and only used for authorised purposes.

    • Once your contract has been fully processed or your customer account/membership is deleted/terminated, your data is blocked for further processing and following the end of the tax and commercial retention periods, deleted in accordance with the applicable Terms of use unless you have specifically consented to the further use of your data or we reserve the right to use the data beyond this and it is legally permissible as outlined below.

    • You can delete your customer/member account or individual media content at any time by sending a message to the contact provided below or using the function for this in the customer account.

    • When you delete your customer/member account additional conditions from the Terms of use. apply.

    • Personal data submitted when you contact us is automatically deleted from our servers once the query has been dealt with, unless they are subject to legal archiving obligations.

    • Our customers can view and amend personal data at any time through their user account.

    • You have the right to receive information free of charge in accordance with Article 15 GDPR regarding the data we store about you, as well as the right to have data corrected where necessary pursuant to Article 16 GDPR, blocking pursuant to Article 18 GDPR or deletion of this data pursuant to Article 17 GDPR.

    • You can object to your data being processed at any time pursuant to Article 21 GDPR. If you make use of your right to object, none of your data will be processed any more, unless it is necessary for assertion, legal defence or to fulfil other legal obligations.

    • The right to collect and process your data based on consent granted in accordance with Article 7 (3) GDPR and can be withdrawn at any time.

    • You have the right to make a complaint to the regulatory authorities in accordance with Article 77 GDPR.

    • Our website does not use any plugins to analyse or track your data.

    • We process and analyse the existing data of our customers, contracts, queries and other business transactions for the purposes of evaluation, management and improvement of our operation based on our legitimate interest pursuant to Article 6 (1) (f) GDPR.

    • We use cookies on a number of our web pages in order to make the appearance and use of our website more attractive and to provide certain functions. Cookies are text files that are stored on your end device.

    • Some of the cookies that we are use are deleted at the end of the browser session (when you close your browser). These are called session cookies. Other cookies remain on your end device and enable us to recognise your browser when you visit our website (persistent cookies).

    • The legal basis for the use of cookies for analysis purposes is outlined in Article 6 (1) (a) GDPR.

    • We use cookies to make our website more user friendly, to ensure the quality of the pages and to recognise the browser after it changes to another page. The use of cookies is especially necessary for logging in and the shopping cart and streaming functions, and is based on Article 6 (1) (f) GDPR.

    • When you visit our website you will be informed that we use cookies and you will receive a link to this data protection statement. If you do not wish to accept cookies you will be asked to change the settings in your browser so that you are informed about the placement of cookies and can decide whether to accept them on an individual basis, in certain cases or reject generally. If you reject the use of cookies, the functionality of our website may be restricted.

    • Cookies are stored on your computer and can be deleted at any time. You can use the settings in your browser to deactivate storage altogether or to restrict storage and force deletion automatically.

    • Below is some information on how to change the cookie settings in your browser:

    • Internet Explorer™: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

    • Chrome™: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en

    • Firefox™ https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

    • Safari™: https://www.apple.com/legal/privacy/en-ww/cookies/

    • Opera™ : https://help.opera.com/en/latest/web-preferences/#cookies

    • We do not use any social media plugins on our site.

    • We use location data from your end device to present our location-dependent products. Location data is transferred to the map available (e.g. Google maps, Apple maps) using an interface (API). Your location can also be transmitted with your consent (usually dependent on the settings on your end device). Your IP address is used in addition to your location data. Please be aware that the data collected is assigned to your user account if you use the map function when logged into your Google user account. You can withdraw your consent at any time by disabling location transmission. If you do not wish to have location data collected from your end device please disable location data transmission on your end device. Our apps do not collect or transmit location data without your consent.

    • For map functions we use the services of external provider “Google Maps”, based at Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

    • Data processing is therefore done in a third country (Google Maps in the USA). You can find their data protection statement by following this link: https://www.google.com/policies/privacy/ and terms of use for Google Maps/Google Earth: https://www.google.com/intl/en_US/help/terms_maps.html

    • The use of maps on our website and our apps is necessary as our offer contains location-dependent content and thus means we have a legitimate interest in the correct representation of our online offer in accordance with Section 6 (1) (f) GDPR.

    • We reserve the right to check for necessary changes, amend and, where necessary, add to this data protection statement to keep it up to date and to comply with current legal requirements.
    • Please contact us directly using the information provided in our legal notice if you have any questions regarding the collection, processing or use of your personal data, for information, your rights, suspension or deletion of data or the withdrawal of consent granted or objection to a certain type of data processing. Imprint.

Terms of use

Translation into English. Original language is German. Version dated 25.06.2024 Rev. 2184

  • Scope of application, operator
    • BYTSCH Technology UG (limited liability) (“operator”) operates the internet platform “Feelplex” (“Feelplex”) for the presentation and provision of digital media content in the main portfolio “auditory perception”.
    • The following terms of use apply for the use of services and offers from our internet platform, regardless of the country from which the platform is accessed.
  • Definitions
    • User is an unregistered visitor to the website with limited functionality of the platform's individual functions (e.g. limited number of possible playlists).
    • Member is a registered user.
    • Uploader is a member who uploads media content to Feelplex for sale and use free of charge.
    • Downloadable content consists of digital media content created in digital format and not shipped on a physical data carrier.
    • Protected media consists of downloadable content that is not available to users without registration and purchase of the content on Feelplex.
    • Samples are shortened sound recordings that the operator provides free of charge to listen to and download.
    • Streamingis the real-time transfer of content available on Feelplex (e.g. samples, new additions to sound recordings).
  • Scope of service and availability
    • The Feelplex platform offers the following services:
      • search for media content on Feelplex for free
      • listen to media content with copyright seal for free
      • stream media content with copyright seal for free
      • download media content with copyright seal for free
      • stream sound samples for free
      • download sound samples for free
      • stream ringtones for free
      • download ringtones for free
      • commission a search for media content on Feelplex for free
      • commission a non-binding request for the creation of a sound recording for free
      • commission the creation of a playlist on Feelplex for free
      • creating/managing and storing playlists for free
      • streaming purchased audio clips on Feelplex for free
      • purchasing a streaming subscription for a fee
      • sharing playlists for free
      • uploading audio clips to Feelplex for sale
      • streaming uploaded audio clips after approval for free
      • purchasing media content according to the selected licensing agreement for a fee
      • optimising uploaded audio clips for a fee
      • converting uploaded audio clips to mp3 format for free
    • Feelplex offers creators of media content the opportunity to make their work available and receive remuneration under the fee-charging usage types listed under 3.1.18.
    • The operator also provides electronic equipment on the Feelplex platform that can be used to use/play or edit the media content.
    • Members can also use technical apps provided by the operator to make their own sound creations available to the public for purchase, to create a description and to add images to the sound creation.
    • The operator reserves the right to change the storage options, technical functions and services as well as the infrastructure and delete or correct content, e.g. defective files, without providing a reason for the decision. The member has no right to have content provided maintained, reuploaded or recovered.
    • Due to maintenance work that is regularly necessary, the operator can suspend or fully or partially take down certain online services if they are no longer available or constitute a considerable impairment for the operation of the platform. Particular services may be disrupted or taken down permanently if the platform’s security is at risk, due to legal requirements concerning data protection or if technically necessary for operational reasons.
    • The operator is obliged to expend reasonable effort to resolve disruptions they are aware of in an appropriate time frame.
    • The maintenance work that is necessary to ensure the availability of the services offered is conducted regularly during weekdays between 2 a.m. and 5 a.m. Any downtime to services during this time shall not be considered as a disruption. A corresponding notice will be shown in the browser when pages are called up.
    • The operator reserves the right to provide services through a third-party partner. The services offered by a third-party partner will be explicitly highlighted as such.
  • Registration, length of contract, consequences of ending the contract
    • The platform can only be used without restriction if you register and create a user account.
    • Only people of age can register. By registering, the user confirms that they are of age.
    • The operator has the right to reject, cancel or refuse registration applications without providing a reason.
    • Every member may only register once and create one user account.
    • The member registers by providing data, a user name and a password and transmitting this information to the operator. The user name can be selected freely. However, a user name cannot be chosen that may be mistaken for well-known persons and/or institutions and/or registered trademarks. In addition, user names that contain racist, sexist, inhumane or sickening terms are prohibited.
    • Once the registration data has been sent, the member must confirm the email address provided during the registration process. The usage contract between Feelplex and the member is only complete upon receipt of a confirmation email and confirmation of the email address.
    • Passwords must be protected against access by unauthorised third parties. Feelplex will never ask members to disclose their password outside the registration process per email, phone or any other means.
    • Membership is open-ended. Membership can be cancelled immediately at any time without notice by either the operator or the member. In the case of subscription services, however, the cancellation of contracts will only become effective at the end of the following month.
    • Contracts can be cancelled by email, fax or post.
    • The operator has the right and is obliged to delete all user data following cancellation of membership. If the member cancels their membership, any remaining credit on the user account may lapse if it amounts to less than EUR 2.50 following the deduction of any bank fees on transfer.
    • If the member has not used the platform for an uninterrupted period of 2 years, the membership will be considered cancelled by the member. This does not apply if the member has a subscription.
    • The end of the usage contract has no effect on the transferral of user rights to the operator.
  • Members’ duty to cooperate
    • The member undertakes to provide true and correct personal information and to update any changes to name or address and – if they use services for which a fee is applicable or they receive remuneration – bank account details in their user account.
    • The content of commissions made by members must be unambiguously clear. Commissions not clearly formulated can result in queries that may lead to delays or rejection. In the case of paying out credit, the member must ensure that the bank details provided are correct and complete.
    • The member undertakes to ensure that there are enough funds on the bank account provided in the user account to pay for any recurring services ordered for which a fee is applicable (e.g. subscription services). Any bank fees that the operator incurs for rejected direct debits must be refunded by the member.
    • In cases of disruption, the member is obliged to cooperate and provide the information necessary to discover and correct the cause for any disruptions that occur and to take appropriate measures to alleviate and prevent damages.
  • Prohibited use, property right infringements
    • Feelplex may only be used as intended and for legally permissible purposes.
    • The platform may not be used in such a way that the overall functionally is negatively impacted, e.g. overload or manipulation of the database or completely or partially taking over or changing the structure of the database.
    • The media content provided by the member may not contain any viruses, worms, trojans or other backdoor programs/script and must be technically faultless.
    • Providing and publishing the following content including links to internet sites where such content is offered is prohibited:
      • sites that breach the rights of third parties, copyrights, name, brand or personal rights
      • violent, animal or child pornography or sexual content
      • sites that promote hate speech, nazi, terrorism, fascist or other propaganda
      • racist or inhumane content
      • advertisements or advertising claims, and product reviews
      • details that would enable the identification of a person/organisation by name, address, phone number or email address
      • requesting personal data in content or through links
      • insulting or immoral content
      • content that could pose a threat to youths
      • false claims or opinions
      • content that is not free to download from the internet.
    • Members are not allowed to remove, change or bypass technical security measures and/or technical copyright security measures on Feelplex.
    • Members undertake to inform the operator immediately if third parties intend to pursue claims due to content available on Feelplex regarding the breach of protective rights (copyright, name right, brands, patents, samples, protected designs). If content is affected that originates from the member, the member undertakes to free the operator from any claims and all costs that result from a breach of protective rights and the legal defence against such claims.
  • Measures against unauthorised use
    • The operator reserves the right to
      • permanently or temporarily suspend members
      • edit posts/audio clip descriptions
      • suspend or remove contents without notice
      • demand a comment from the uploader against accusations
      • reject banned user names and demand they are changed
      • make claims for damages against the member
      • forward for possible criminal investigation
      • report suspected illegal content
      • provide data on request of the local authorities in the case of criminal proceedings
      • withdraw user rights granted if members use the platform in prohibited ways.
  • Defective content, rectification, guarantee
    • Content will be considered defective if it cannot be played using any of the common devices/software (software media player, MP3 player) that support the file type.
    • The operator can demand that the member who uploaded the defective content rectifies the issues within an appropriate period of time. The operator reserves the right to suspend or delete content if not rectified within this time period. A right to the later recovery of such content is excluded.
    • If a member receives content from the operator with a defect or other fault any claims regarding defective goods require an exact description of the fault. In all other cases the usual legal requirements apply to claims of defectiveness.
  • Special regulations for sharing playlists
    • The free option of sharing playlists offers members the opportunity to make their playlists available to third parties and authorises the third party to play the playlists by applying the member’s rights of use.
    • Using or playing playlists on multiple devices at the same time is limited to the number of authorised users allowed through the member’s subscription.
    • Access to playlists can only be created and distributed by members themselves. The member bears sole responsibility for the distribution.
    • The member bears full responsibility for third parties’ compliance with the conditions for the use of distributed playlists and content.
    • Third parties may not change playlists to which they have been granted access.
    • Rights of use no longer apply if a playlist is converted to an own playlist if the user has not purchased the rights of use on the playlist.
  • Copyrights and performance rights
    • Content from the database and the structure of the database are subject to copyright and may not be copied or changed.
    • The operator does not create any content, but rather offers the infrastructure for making such content available.
    • The license rights agreed with each individual user apply for content available on Feelplex.
  • Payments, invoices
    • Fees incurred for services are listed separately for each product.
    • Payments for individual products can be made by the member using the following payment options; advance payment, direct debit, PayPal or PayPal Plus. If advance payment is selected, the operator will provide his bank details in the order confirmation and will ship upon receipt of payment. If no payment is received within fourteen days after the bank details have been sent, the order will be cancelled. Payments made via PayPal or PayPal Plus are made via the payment system provided by Paypal.
    • Payments for recurring services (e.g. subscription services) are made by direct debit. The member undertakes to set up a valid SEPA direct debit on the behalf of the operator.
    • The standard method for sending out invoices is email. The member can view orders on his password-protected account and download invoices.
    • The operator exclusively makes refunds and payouts to the bank account provided in the user account. Payments made via PayPal are excluded from this, and refunds will be made via the payment system provided by PayPal.
  • Limitations of liability
    • The operator is not liable
      • for restrictions to or downtime of services that are due to reasons that are not the responsibility of the operator, were not foreseeable or were unavoidable and not in the sphere of the operator’s influence, e.g. browser or operating system incompatibilities, communications disruptions or server downtimes,
      • for the downtime or restriction of services provided by third party providers,
      • for damages caused by the loss or misuse of log-in data,
      • for exempting content from uploaders from the rights of third parties,
      • for the correctness of content provided by uploaders,
    • For claims based on damages caused by the operator, his legal representative or agents the operator’s liability is unlimited
      • for damage to life, limb or health,
      • in cases of intentional or grossly negligent breaches of obligations
      • for guarantee promises, insofar as any are agreed, or
      • if they fall within the scope of the product liability laws.
    • If material contractual obligations are breached, the fulfilment of which is only made possible with the contract and on which the contract partner can usually rely (cardinal obligations), the operator is also liable for damages resulting from slight negligence. Liability is, however, limited to the damage foreseeable at the time of the completion of the contract and which can be typically expected to occur.
    • Any other rights to claim damages are excluded.

Revocation

Translation into English. Original language is German. Version dated 25.06.2024 Rev. 2184


Cancellation rights

You have the right to cancel this contract within fourteen days, without the need to provide a reason.

The deadline for cancellation is fourteen days from the day on which you, or a named third party who is not the carrier, took receipt of the goods.

In order to exercise your right to cancel the contract you must provide us:

with an unambiguous statement (e.g. a letter sent by mail, a fax or an email) informing us of your intention to cancel the contract. You may use the attached cancellation form template, but this is not mandatory.

Sending your statement informing us of your intention to cancel the contract before the deadline has passed is sufficient to ensure your cancellation is within the deadline.

Consequences of cancellation

If you cancel this contract, we are obliged to repay any payments you have made to us, including shipping costs (with the exceptions of extra fees incurred by choosing another type of shipment than the cheaper, standard shipment that we offer), immediately and no later than fourteen days from the day on which we received your statement informing us of your intention to cancel the contract. We will use the same payment method to make the refund that you used in the original transaction, unless we have expressly agreed to another payment method with you: in either case, you feel not be charged any fees as a result of the refund.

We may withhold the refund until we have received the goods or you have proven that the goods have been dispatched, whichever occurs first.

You must return the goods immediately and within fourteen days from the day on which you informed us of your intention to cancel the contract. The deadline will be considered to have been met if you dispatch the goods before the end of these fourteen days.

You are liable for the direct costs of returning the goods to us.

You are only liable for any loss in the goods’ value if this loss is due to handling in a way that is unnecessary to check the goods’ condition, properties or function.

Cancellation form template

(If you wish to cancel the contract, please fill in this form and return it to us)

– I/we (*) hereby cancel the contract entered into for the purchase of the following goods(*)/the following services(*)

– Ordered on(*)/received on(*):

– Name of the consumer(s):

– Address of the consumer(s):

– Signature of the consumer(s) (only necessary on hard copies):

– Date:

(*) Cross out all that are not applicable.

Imprint

BYTSCH Technology UG (haftungsbeschränkt)
Geestbogen 16
24941 Flensburg
Germany

Telephone: +49 461 50 56 58 1
Fax: +49 461 50 56 58 0
Web: www.feelplex.de
E-Mail: infonospamplease@nospampleasefeelplex.de

CEO: Dipl. Ing. Alexander Rommel
Owner: Dipl. Ing. Alexander Rommel

Responsible according to § 5 TMG:

Responsible for content: BYTSCH Technology UG (haftungsbeschränkt)
Responsible for content address: BYTSCH Technology UG (haftungsbeschränkt), Geestbogen 16, D-24941 Flensburg

Register Court: Amtsgericht Flensburg
Register Number: HRB 10517 FL

Financial office: Finanzamt Flensburg
VAT-ID: DE294742581

You can contact our customer service for questions and complaints

by phone: +49 461 50 56 58 1 as well as by email at infonospamplease@nospampleasefeelplex.de
For inquiries you can also use the contact form on our website.

Legal Trademark & Copyright Notice

Feelplex undertakes to observe the copyrights of all graphics, audio documentation, video sequences and texts in all publications to use only created by him or to use non-copyrighted contents, or which are in the public domain, as well as any other type of copyright protected items and to countervail against misuse.

This website may contain images, text and sound recordings provided by the registered users, which can link to external websites. Feelplex is not responsible for any kind of publication presented by external websites, which you use at your own risk.


We reserve the copyright. The use, duplication and expressions of contents / information on www.feelplex.de, products / projects and inventions of BYTSCH Technology UG (limited liability) are only allowed with prior written consent. The copyright sign has to be printed in all copies in the following form: "Copyright © BYTSCH Technology". The use, duplication and printing of third-party information used in our shop may also be used only for the purpose of gathering information and only with their written consent and visible use of their copyright sign.

All logos and trademarks used or displayed on our website are only to be used in their original form. The use of these logos or trademarks in any kind of publication or publication requires the prior written consent of the creator or owner.

Contents of the Online Offering

Information (e.g. pictures, graphics, sound recordings, video sequences and texts) in our online shop are more general and non-binding nature.


Please pay attention to the following:

  • The images shown on this product page are not part of the product offering. They are intended solely for inspiration and to visually represent the moments captured in the audio recording – unless explicitly marked as part of the offer.
  • The images, story, and product title, including the location on the map to the sound recording, may differ from actual circumstances.
  • There are no special technical restrictions on the functionality of the downloadable content, except that the used device can play up to a maximum file size of 4GB.
  • The downloaded media content is played using playback software (media players) that support common audio formats such as .mp3 and .wav. The buyer/licensee is responsible for providing the necessary technical equipment for playing digital content.
  • The downloadable media contents offered on Feelplex are operating system independent.
Close
Home
Menu
Search
Cart
Close
click here