Terms of Service / AGB

§1 Scope and Provider

1.1 Provider. The CHOZEN platform is operated by Thomas Ehresmann, Einzelunternehmen (Geschäftsbezeichnung CHOZEN), Reichenberger Str. 25, 36039 Fulda, Germany. Contact: legal@chozen.io.

1.2 Scope. These Terms apply to all users including Producers, Buyers, and community members.

1.3 Marketplace intermediary. CHOZEN operates as an online marketplace intermediary (Vermittlungsplattform). It is not a party to the license agreements concluded between Producers and Buyers; it provides the technical infrastructure.

1.4 Deviating terms. Conflicting general terms and conditions of users do not become part of the contract unless we expressly agree in writing.

1.5 Language. These Terms are available in English. Mandatory German consumer protection law applies regardless.

§2 Definitions

• Platform — CHOZEN web app, mobile apps, APIs, embed players, and associated services.
• Producer — a user who uploads or licenses Content.
• Buyer — a user who acquires a License through the Platform.
• Content — audio files, beats, instrumentals, samples, artwork, metadata, descriptions.
• License — non-exclusive or exclusive usage rights granted by a Producer to a Buyer.
• Subscription — recurring paid plan granting enhanced platform features.
• XP / Rank / MMR — gamification metrics with no monetary value.
• FL Ranked — competitive 1v1 / tournament feature.

§3 Registration and account

• You must be at least 16 years old. Users aged 16–18 represent they have legal-guardian consent.
• Registration is via Google OAuth only — no email/password sign-up is offered.
• Invite codes (where required) are personal and non-transferable.
• You are solely responsible for activity through your Account; notify us immediately of unauthorized use.
• One Account per natural person. Multi-accounting to circumvent restrictions is a material breach.

§4 Platform role and intermediary status

CHOZEN facilitates the connection between Producers and Buyers; it is not a party to any license agreement between them. The Provider does not guarantee the availability, quality, legality, or fitness for a particular purpose of any user Content. The Provider reserves the right (but assumes no obligation) to review Content, mediate disputes, or intervene when a violation is reasonably believed.

§5 Content upload and license to platform

5.1 Ownership. You retain all IP rights in Content you upload.

5.2 Warranties. By uploading, you represent that you own or have all rights to license the Content, that it does not infringe third-party rights, and that it does not contain unlicensed samples.

5.3 License grant to CHOZEN. You grant CHOZEN a non-exclusive, worldwide, royalty-free, sublicensable license to host, stream, transcode, cache, embed, preview, and promote your Content (≤ 30-second snippets for marketing) — solely to operate, maintain, and improve the Platform.

5.4 Duration. The license persists while your Content is on the Platform plus a reasonable technical removal period (≤ 30 days).

5.5 AI training prohibition. CHOZEN shall not use, and shall not authorize any third party to use, user-uploaded Content for training, fine-tuning, validating, or testing any AI / ML system, including generative music, audio synthesis, or pattern recognition models.

5.6 Takedown. You may remove your Content at any time from your account. Licenses already granted to Buyers prior to removal remain valid.

§6 Licensing framework

Producers may offer Content under the following standard license tiers (specific terms set by each Producer and shown on the purchase page):

Producers may adjust pricing within platform minimums / maximums. Prior non-exclusive licenses remain valid after an exclusive sale. See Buyer Terms & Refund Policy.

§7 Payment processing

• Payments are processed through Stripe Connect and (where enabled) PayPal.
• Producers must connect a Stripe account to receive payouts.
• Platform fee: 10% per transaction. Stripe processing fees are deducted separately.
• Minimum payout threshold: $25 · Frequency: weekly automatic payouts via Stripe Connect (no platform fee on payouts; Stripe instant-payout option available with Stripe's standard 1% fee).
• Standard payout processing time: 2–7 business days depending on region / method.
• In the event of a chargeback or payment dispute, the disputed amount may be deducted from the Producer's balance pending resolution.
• Each User is solely responsible for their own taxes. CHOZEN does not provide tax advice. See also DAC7 reporting in Marketplace Rules §12.

§8 Subscriptions

CHOZEN offers Free, Pro and Elite subscription tiers. Full pricing and features are listed at Subscription Terms.

• Subscriptions renew automatically at the end of each billing period unless cancelled.
• You may cancel anytime through Account Settings; access continues until the end of the paid period.
• Price changes are notified ≥ 30 days in advance; you may cancel before the new price takes effect.

§9 Community features

Forums, DMs, comments, voting, follows, activity feeds and notifications. Users are solely responsible for the content they post. We do not pre-screen but reserve the right to remove content that violates these Terms or applicable law. See the Community Guidelines.

§10 Gamification

Users earn XP for activity; ranks (Bronze → Grandmaster) are based on accumulated XP; achievements unlock cosmetic / functional rewards. XP, ranks and gamification rewards have no monetary value and cannot be exchanged, sold, or transferred.

§11 Competitive features — FL Ranked

1v1 battles, tournaments, and seasonal ranked play. Competitive performance is tracked via an Elo-style MMR system. Fair play rules forbid pre-made beats (in live formats), account sharing, collusion, match-fixing, exploiting bugs, and harassment. Sanctions may include MMR deductions, seasonal-reward forfeiture, or account suspension. Where prizes are offered, specific prize terms are communicated in the tournament rules.

§12 Recommender systems (DSA Art. 27)

Algorithmic feeds and the Discover feature consider: your explicit preferences (selected genres, BPM, mood), behavioural signals (plays, likes, saves, purchases, swipes), content metadata, audio features, collaborative filtering, recency, and producer subscription tier (promoted placement is labeled "Promoted"). A non-profiling chronological alternative is available in your account settings. You can reset your recommendation profile at any time.

§13 Prohibited conduct

• Uploading Content that infringes third-party rights or contains unlicensed samples.
• Multi-accounting; manipulating XP, MMR, or rankings; fraudulent transactions; self-purchases.
• Harassment, threats, hate speech, doxxing, spam.
• Scraping, botting, reverse-engineering the Platform.
• Using Content obtained from the Platform to train AI / ML models.
• Sublicensing or redistributing Content outside the granted License.
• Any violation of applicable local, national, or international law.

§14 Intellectual property and DMCA

CHOZEN respects intellectual property rights. Notices of claimed infringement and counter-notices are handled per our DMCA / Copyright Policy (which also covers EU Copyright Directive Art. 17 and German UrhDaG). Repeat infringers may have their Accounts terminated.

§15 Liability

15.1 Unlimited liability for damages arising from intent, gross negligence, injury to life, body, or health; claims under the German Product Liability Act; fraudulent concealment; or where a guarantee was assumed.

15.2 Limited liability for slightly-negligent breach of essential contractual obligations (Kardinalpflichten): limited to foreseeable, contract-typical damages.

15.3 Beyond §§ 15.1–15.2, liability for slight negligence is excluded.

15.4 Data loss: liability for loss of data is limited to typical recovery costs assuming proper, regular backups.

15.5 The Provider does not guarantee uninterrupted availability. Force majeure and circumstances beyond control may cause temporary unavailability.

§16 Indemnification

You agree to indemnify CHOZEN against any claims arising from your use of the Platform, Content you upload, your breach of these Terms, or violations of third-party rights. This obligation survives termination.

§17 Term and termination

You may terminate at any time by deleting your Account. We may terminate with 14 days' written notice in cases such as discontinuation of the platform, change of business model, loss of a service we rely on, or other reasonable grounds proportionate to your interests; and immediately, without prior notice, for good cause (außerordentliche Kündigung aus wichtigem Grund), in particular material breach of these Terms, repeated illegal activity, fraud, or persistent fair-play violations. Upon termination: Content is removed within 30 days, outstanding payouts are processed per § 7 (subject to legitimate holds), and licenses already granted to Buyers remain unaffected. Mandatory consumer-protection law remains unaffected.

§18 Widerrufsbelehrung (Right of Withdrawal)

If you are a consumer (§ 13 BGB), you have a 14-day right of withdrawal from the contract without giving any reason. To exercise it, send an unequivocal statement (e.g. email to withdrawal@chozen.io).

Exception for digital content — waiver of withdrawal right (§ 356(5) BGB).

The right of withdrawal expires for digital content if (a) we have begun performance, (b) you have expressly consented to such beginning before the end of the withdrawal period, and (c) you have acknowledged that you lose the right of withdrawal upon commencement. This express consent is obtained via a checkbox at checkout. See Buyer Terms & Refund Policy.

Model withdrawal form (informational): To Thomas Ehresmann, Reichenberger Str. 25, 36039 Fulda, Deutschland — withdrawal@chozen.io — I/we hereby give notice that I/we withdraw from my/our contract for the supply of the following digital content: …; ordered on …; name; address; date.

§19 Dispute resolution and jurisdiction

The courts of Germany have exclusive jurisdiction, subject to mandatory consumer-protection provisions that may grant consumers jurisdiction at their domicile. The European Commission provides an Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr/. Our contact for ODR: legal@chozen.io. We are neither obligated nor willing to participate in dispute resolution before a Verbraucherschlichtungsstelle (§ 36 VSBG), unless otherwise required by law.

§20 Data protection

See our Privacy Policy and Cookie Policy. Both form an integral part of these Terms.

§21 Changes to Terms

We may amend these Terms with at least 30 days' notice via email and / or platform notice. Continued use after the effective date constitutes acceptance. If you object within the notice period, the contractual relationship continues under the previous Terms and we may terminate with 14 days' notice. Material changes that disadvantage the user or alter essential performance require express consent rather than deemed acceptance. This mechanism complies with §§ 305–310 BGB.

§22 Final provisions

• Governing law: Federal Republic of Germany, excluding the CISG, subject to mandatory consumer protection of the user's habitual residence.
• Severability: if any provision is invalid, the remainder remains in force; the invalid provision is replaced by one closest in economic purpose.
• Entire agreement: these Terms, together with the Privacy Policy, Cookie Policy, and any applicable License Agreements, constitute the entire agreement.
• Assignment: we may assign in connection with a merger or sale; you may not assign without our written consent.
• AGB-Recht (§§ 305–310 BGB): these Terms are drafted to be transparent and contain no surprising clauses.

§23 Contact

Questions about these Terms: legal@chozen.io.