§ 1 Definitions

1.1 “Provider” is Sounded.

1.2 “User” is any natural person who registers on the website and uses the subscription service or individual purchases.

1.3 “Subscription Service” means the paid subscription model that grants access to selected digital content.

1.4 “Individual Purchases” are items that are unlocked by a one-time payment.

1.5 “Digital Content” means e-books and audiobooks provided exclusively in electronic form.

1.6 “App” means the Sounded mobile application for iOS and Android.

1.7 “Website” means the platform at sounded.com via which registration, contract conclusion and administration take place.

§ 2 Scope

2.1 These Terms and Conditions apply to all services and offers provided by Sounded (“Provider”) to its customers. They govern the purchase of subscription services and individual titles via the website and their use in the app. They also apply to all future deliveries, services or offers to the customer, even if they are not expressly agreed again.

2.2 The Provider is entitled to amend and/or supplement these Terms and Conditions with effect for the future to the extent necessary to safeguard legitimate interests. Users will be informed of intended changes/supplements in advance with an appropriate notice period. If the user does not object to the new Terms and Conditions within two weeks of the notification (the “objection period”), the amended Terms and Conditions are deemed accepted. The Provider will point out the right to object and the significance of the objection period in its notification. In the event of an objection, the user may continue using the service under the previous version of the Terms and Conditions.

2.3 If the parties agree on provisions deviating from these Terms and Conditions, those provisions shall take precedence. Deviating agreements concluded after contract conclusion must be in text form to be effective.

§ 3 Subject Matter of the Contract, Registration & User Account

3.1 The Provider makes digital reading and listening content (in particular e-books and audiobooks) available via a mobile app exclusively in electronic form. Access is provided via a personalized user account by streaming and—only for selected titles—by a technically restricted offline download within the app. The catalog available at any given time may vary depending on the chosen usage model (subscription or individual purchase).

3.2 Use of the subscription service and individual purchases requires prior registration of a user account via the website. Registration via the app is excluded.

3.3 Each user may operate only one user account. Multiple accounts, including under other email addresses or identities, are prohibited.

3.4 Users must keep their access credentials strictly confidential and must not make them accessible to third parties. Use of the account by third parties is not permitted.

3.5 The Provider is entitled to review user accounts and, in case of suspected misuse, to request proof of identity.

3.6 The Provider may block or delete an account if these Terms and Conditions are violated, in particular in cases of multiple accounts, sharing passwords, abuse of trial periods or attempts at manipulation.

§ 4 Conclusion of Contract

4.1 By completing the order process on the website (clicking the “Buy now”, “Subscribe” or a comparable button), the user submits a binding offer to conclude a contract. The contract is concluded immediately upon completion of the order process on the website without a separate declaration of acceptance by the Provider. The Provider will then confirm the conclusion of the contract by email and/or by enabling access in the user account.

4.2 If an external payment provider is selected as a payment method, the user will be redirected to that provider’s website and the purchase is completed there.

4.3 For subscriptions, the contract is concluded on an ongoing monthly basis; for individual purchases, a one-time purchase contract is concluded for enabling the respective content.

4.4 If the user selects a payment method where the account is charged immediately, the seller declares acceptance of the offer by conclusive conduct by offering this payment option at the end of the order process.

§ 5 Provider Services

5.1 During the subscription term, the Provider grants the user access to the digital content available at the time via streaming and to selected content via in-app offline download.

5.2 The Provider may change, expand, restrict or remove individual functions of the app or the website at any time, provided that the core purpose of the subscription service and/or individual purchases is maintained, in particular if this is necessary or appropriate for technical reasons, legal reasons, due to changing market conditions or to improve the user experience.

5.3 The catalog may change; there is no entitlement to the availability of specific titles.

5.4 Offline download allows use exclusively within the app; downloading files outside the app is technically and contractually prohibited.

5.5 Use of the subscription service requires sufficient internet connectivity and suitable devices; users are responsible for this.

§ 6 Trial Period

6.1 The Provider may grant new users a free trial period. Duration and conditions are stated on the website.

6.2 The trial period can be used only once per user, regardless of the number or type of email addresses or devices used.

6.3 After the trial period ends, the contract automatically converts into a paid subscription unless the user cancels beforehand.

6.4 The Provider may block accounts if it becomes apparent that trial periods are being obtained through multiple registrations.

§ 7 Payment Terms

7.1 The prices stated by the Provider are binding and include VAT.

7.2 The prices valid on the day of the order apply as displayed in the online shop.

7.3 Payment is made using the payment methods offered in the shop (e.g., PayPal, credit card).

7.4 Subscription payments are due monthly in advance; individual purchases are due immediately.

7.5 The Provider will issue a proper invoice to the user (if applicable via agents/subcontractors and in electronic form).

§ 8 Delivery and Use of Digital Content

8.1 Digital content is made available after receipt of payment by enabling the respective title and/or subscription access within the user account.

8.2 Users are responsible for providing a suitable technical environment for using the digital content.

8.3 Upon full payment, the user receives a simple, non-exclusive, non-transferable right to use the acquired digital content exclusively for personal, non-commercial use.

8.4 Users are not permitted to edit, reproduce, make publicly available or pass on the content to third parties—whether for a fee or free of charge.

§ 9 Individual Purchases

9.1 Individual purchases grant the user access to the purchased title within the app.

9.2 Minimum availability is three months from the purchase date. After that, the Provider may remove content that was acquired as an individual purchase. In this case, the user has no right to a refund or replacement, provided the acquired content could be used in a reasonable manner until the offer was discontinued.

9.3 The Provider informs users about the upcoming removal of an individual title with reasonable advance notice (e.g., by email or an in-app notice).

§ 10 Contract Term and Termination

10.1 The subscription runs for an indefinite term and may be cancelled at any time with effect at the end of the current month.

10.2 Cancellation is only possible via the website.

10.3 Access to subscription content remains until the end of the period already paid for.

10.4 Individual purchases remain usable regardless of subscription cancellation as long as they remain available.

10.5 The Provider may temporarily block the account or terminate the contract permanently, in particular in cases of sharing passwords, use by third parties, multiple accounts, manipulation, abuse of trial periods, or systematic violations of these Terms and Conditions.

10.6 During a suspension, there is no entitlement to use or refund.

§ 11 Reviews, Communication & User Conduct

11.1 Users may submit reviews and ratings if the feature is available. Users undertake to comply with all legal requirements and the rules of conduct below.

11.2 In particular, advertising, commercial content, self-promotion, insulting, discriminatory, extremist or unlawful statements, misrepresentation of facts, infringements of copyright, trademark or personal rights, and manipulation of ratings are prohibited.

11.3 Violations are sanctioned by the Provider in a two-step process. For first-time or minor violations, the user will first receive a notice requesting the user to cease the conduct. In the case of continued or serious violations, the Provider is entitled to temporarily block the user account or terminate the contract without notice. Further claims of the Provider remain unaffected.

§ 12 Liability

12.1 The Provider is liable without limitation for intent and gross negligence. For simple negligence, the Provider is liable only for damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfillment of which is necessary for proper performance of the contract and on whose compliance the contractual partner may regularly rely; in this case, liability is limited to compensation for foreseeable, typically occurring damages.

12.2 Within the limits of section 12.1, the Provider is not liable for temporary unavailability or limited accessibility of the platform, in particular if due to maintenance and updates or disruptions/outages of third-party providers (e.g., hosting providers, cloud services, app store platforms) or force majeure.

12.3 Within the limits of section 12.1, the Provider is not liable for legal infringements or content errors in the provided works. The Provider does not review such content for legal admissibility or factual accuracy and does not adopt it as its own.

12.4 The above limitations of liability also apply in favor of the Provider’s legal representatives and vicarious agents.

§ 13 Final Provisions

13.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

13.2 Should individual provisions of these Terms and Conditions, including this clause, be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid or missing provisions.

13.3 For merchants/businesses, the place of jurisdiction is the Provider’s registered office.