This English translation is provided for convenience only. The German version is the legally binding version. Read the German version.

Terms of Service (AGB)

for the software “taktjam” · Version 1.1 · Last updated: 14 July 2026

§ 1 Scope, contracting parties, B2B

(1) These Terms of Service (AGB) govern all contracts concerning the use of the software-as-a-service solution “taktjam” between clubjam FlexCo, Göstling 170, 3345 Göstling an der Ybbs, Österreich (Austria) (FN 629031x, Regional Court of St. Pölten; “Provider”) and its customers (“Users”). (2) The offering is directed exclusively at entrepreneurs within the meaning of § 1 UGB (Austrian Commercial Code) and § 1 Abs. 1 Z 1 KSchG (Austrian Consumer Protection Act) — in particular self-employed music teachers and music schools — who use taktjam in the course of their professional or commercial activity. By registering, the User confirms their status as an entrepreneur; in case of doubt, the transactions concluded in the course of use are deemed commercial transactions pursuant to § 344 UGB. Contracts are concluded exclusively with entrepreneurs (B2B); no consumer contracts are concluded, and the provisions of the Austrian Consumer Protection Act (KSchG) do not apply. (3) Any conflicting terms and conditions of the User shall not apply.

§ 2 Subject of the service

(1) taktjam is a web application for managing music lessons: student management, scheduling, make-up lesson management, invoicing, lesson notes, file storage (“Materials”), a password-protected practice space for students and parents/legal guardians including a messaging feature, calendar feeds, data exports, and optional AI features (§ 7). (2) The specific feature set and the quotas (e.g. storage space, AI actions) follow from the plan booked, as shown in the pricing overview on the website. (3) The Provider may further develop, modify or discontinue features, provided the purpose of the contract is not materially impaired as a result.

§ 3 Conclusion of contract, trial period

(1) The contract is concluded upon registration and acceptance of these Terms. (2) Use begins with a free 30-day trial period that does not automatically convert into a paid plan. (3) A paid subscription only comes into existence through active booking via the payment service provider. The paid order is placed by clicking the button expressly labeled as subject to payment (in German “Kostenpflichtig abonnieren”, in English “Subscribe — payment required”); by clicking it, the User submits a binding offer to conclude the paid subscription.

§ 4 Fees, payment, quotas

(1) The fees follow from the pricing overview at the time of booking. Billing is handled via Stripe Payments Europe Ltd. monthly or annually in advance. (2) Price changes will be announced at least four weeks in advance and only take effect from the next contract period; in the event of an increase, the User has an extraordinary right of termination effective as of the date the change takes effect. (3) Quotas (storage, AI actions) apply per billing month or permanently, depending on the plan; if a quota is exceeded, the respective feature may be restricted until an upgrade or until the next period. (4) In the event of default in payment, access may be suspended after a reminder and a reasonable grace period.

§ 5 Term, termination

(1) Subscriptions renew for the respective contract period (month/year) unless terminated by the end of the current period. Termination is possible at any time via the payment service provider’s customer portal or by e-mail to support@clubjam.co. (2) The right to extraordinary termination for good cause remains unaffected. (3) After the end of the contract, the data export (§ 9) remains available for 30 days; thereafter the data is deleted, unless statutory retention obligations apply.

§ 6 Obligations of the User

(1) The User is responsible for the lawfulness of the content and data they process, in particular: (a) for student and parent data as the controller under data protection law (§ 9); (b) for obtaining any required consents, in particular the (for minors, parental) consent for photo, audio and video recordings; (c) for the copyright permissibility of uploaded materials, in particular sheet music, lead sheets and arrangements — uploading and sharing protected works without a license is prohibited; the User shall indemnify and hold the Provider harmless in this respect. (2) Access credentials and portal passwords must be treated confidentially and passed on only to the authorized students or parents/legal guardians. (3) Abusive use (unlawful content, impairment of the service, circumvention of quotas) is prohibited and, after an unsuccessful warning, entitles the Provider to suspend access or terminate the contract for cause. (4) The invoicing and export features support the User but do not replace tax or legal advice; responsibility for the correctness of invoices, tax rates and mandatory information lies with the User.

§ 7 AI features

(1) taktjam offers optional AI-assisted features (practice plans, note drafts, progress reports, and the practice assistant “Takti” in the practice space), operated via Mistral AI (EU). (2) AI outputs are machine-generated drafts without any warranty as to accuracy or suitability; they must be reviewed before use. Pedagogical and content responsibility remains with the teacher. (3) “Takti” is labeled as an AI system, answers questions about practicing only, and does not store conversation histories. The teacher can disable the feature at any time; the teacher shall inform parents/legal guardians about its use in an appropriate manner.

§ 8 Availability, support, data backup

(1) The Provider renders the service with reasonable care; no specific level of availability is warranted. Maintenance windows and disruptions may lead to temporary unavailability. (2) Support is provided by e-mail (support@clubjam.co) without guaranteed response times. (3) The Provider backs up the systems in line with the state of the art; the User is additionally obliged to regularly make their own exports (§ 9) of essential data.

§ 9 Data protection, processing on behalf of the User, data export

(1) For student and parent data, the User is the controller within the meaning of the GDPR; the Provider processes this data as a processor pursuant to Art. 28 GDPR. The Data Processing Agreement (DPA), including the list of subprocessors, is part of this contract. (2) Details of the data processing are set out in the Privacy Policy. (3) The User can retrieve their data at any time as a structured export (JSON/CSV/PDF) and delete their account themselves.

§ 10 Warranty and liability

(1) The statutory warranty rules for transactions between entrepreneurs apply. (2) The Provider is liable without limitation for intent and gross negligence as well as for personal injury. (3) For slight negligence the Provider is not liable — except in the case of personal injury; in no event shall lost profits, indirect damage or consequential damage be recoverable. (4) To the extent liability is not unlimited under para. 2, it is capped at the total of the fees paid by the User in the twelve months preceding the damaging event. (5) For the recovery of data, the Provider is liable only to the extent that its loss would not have been avoidable even with proper own data backups (§ 8 para. 3). (6) Claims for damages must be asserted in court within six months of becoming aware of them; otherwise they are forfeited.

§ 11 Practice area (usage notes for students and parents)

(1) The practice space is a free-of-charge additional feature for the User’s students and parents/legal guardians; no contractual relationship arises between these persons and the Provider. (2) The following usage notes apply to the practice space: do not pass on access credentials; the messaging feature serves exclusively lesson-related communication with the teacher; “Takti” is a labeled AI and does not replace information provided by the teacher. (3) In the event of misuse, the teacher or the Provider may suspend access.

§ 12 Changes to these Terms

Changes to these Terms will be announced at least four weeks before they take effect, by e-mail or in the application. If the User does not object by the effective date or continues to use the service thereafter, the amended Terms are deemed accepted; this legal consequence will be specifically pointed out in the announcement. In the event of an objection, the contract ends at the end of the current contract period.

§ 13 Final provisions

(1) Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). (2) The place of jurisdiction is the court with subject-matter jurisdiction at the Provider’s registered office. (3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected; the invalid provision shall be replaced by a valid one that comes closest to its economic purpose. (4) The contract language is German; an English translation is provided for convenience and is non-binding. In the event of any discrepancy between the German and the English version, the German version prevails.

Contact: clubjam FlexCo · support@clubjam.co · Data protection: datenschutz@clubjam.co · Legal Notice (Impressum) · Privacy Policy
Last updated: 14 July 2026.