# Terms of Service

Last updated: 10 October 2026 | Version 2.2 | Platform: escctrl.wmit.work and escctrl.de

**Important Notice:** These Terms of Service govern the use of the platform **esc/ctrl** (accessible at escctrl.wmit.work and escctrl.de). By registering and using the platform, you agree to be bound by these Terms. Please read them carefully. Consumers have a statutory right of withdrawal (see Section 12 of these Terms).

## Table of Contents

- § 1 Scope and Contracting Parties
- § 2 Description of Services and Features
- § 3 Registration, User Account and Access Credentials
- § 4 Formation of Contract and Subscription Plans
- § 5 User Obligations
- § 6 Prohibited Uses
- § 7 Third-Party Platform Integrations, APIs and OAuth Connections
- § 8 AI-Powered Features – Notices, Data Processing, Usage Restrictions and Limitation of Liability
- § 9 Availability, Maintenance and Technical Changes
- § 10 Intellectual Property and Licences
- § 11 Liability and Limitation of Liability
- § 12 Right of Withdrawal for Consumers
- § 13 Term, Termination and Account Closure
- § 14 Pricing, Price Adjustments, Payment Processing (PayPal) and Subscription Management
- § 15 Data Protection
- § 16 Amendments to these Terms
- § 17 Final Provisions – Governing Law, Jurisdiction, Severability

## 1 Scope and Contracting Parties

These Terms of Service (hereinafter "Terms") govern all contractual relationships between **wemakeITwork, proprietor Malte Schröder, Planufer 92b, 10967 Berlin, Germany** (hereinafter "Provider") and the users of the platform **esc/ctrl**, accessible at [https://escctrl.wmit.work](https://escctrl.wmit.work) as well as [https://escctrl.de](https://escctrl.de) and all associated subdomains (hereinafter "Platform").

Users within the meaning of these Terms include both natural persons who use the Platform in the context of an independent professional or commercial activity as musicians, artists, managers, label representatives or members of an artist team (hereinafter "Business Users"), and natural persons who use the Platform for private purposes (hereinafter "Consumers"). Unless otherwise specified in these Terms, all provisions apply equally to all users. Provisions that apply exclusively to Consumers are expressly identified as such.

Any terms and conditions of the user that deviate from these Terms shall not apply, even if the Provider does not expressly object to them. Supplementary agreements require written form or express written confirmation by the Provider.

## 2 Description of Services and Features

**esc/ctrl** is a web-based Software-as-a-Service (SaaS) platform providing independent musicians, artist managers, independent labels, and promotion agencies with comprehensive operational and strategic tools for managing music careers and release campaigns. The Provider delivers the following core services:

- **Release Intelligence & Automated Timelines:** Dynamic release planning (Pre-Release, Release Day, Post-Release) with day-precise tasks, checklists, and automated milestone reminders for singles, EPs, albums, and music videos.
- **AI-Copilot & Contextual AI Tools:** Chat-based AI release assistant and specialized generators powered by state-of-the-art Google Gemini models (including Gemini 2.5 Flash & Pro) for automated creation of Spotify pitch pitches, PR statements, social media captions, EPK content, and email outreach.
- **Digital Setup & Health Check:** Audit and optimization tools for digital artist profiles (Spotify for Artists, Apple Music for Artists, social channels) and distribution setups.
- **Content Calendar:** Visual editorial calendar to seamlessly plan, schedule, and manage social media and promotional content across multiple channels.
- **Strategy Engine:** AI-driven calculation of tailored release and marketing strategies (e.g., waterfall releases, teaser mechanics, playlist roadmaps).
- **Analytics Dashboard & Actionable Insights:** Aggregated performance overviews for streaming platforms (Spotify, Apple Music, etc.) and social media channels (TikTok, Instagram, YouTube) including data-driven recommendations to boost audience engagement.
- **Vault (Asset Management):** Structured central storage for audio files, artworks, press kits, contracts, and metadata.
- **Client Center (Management & Label Portal):** Multi-tenant management hub to manage multiple artist profiles, role assignments (Admin, Manager, Artist), collaborative campaign execution, and client updates.
- **Public Smart Links & Presaves:** Automated creation and hosting of publicly accessible Smart Link and Presave landing pages (`/l/:slug`, `/s/:slug`, `/presave/:slug`) as well as embed widgets.
- **Subscription Plans:** Platform access offered under various pricing tiers (free basic access, Artist Pro, and Client Center tiers; details in Section 14).

The Provider delivers its services as an online service over the internet. No entitlement to a specific technical infrastructure or the permanent maintenance of individual features exists. The Provider is entitled to adapt, extend or modify the Platform and its features in the course of ongoing technical development, to the extent that this is reasonable for the user (see Section 9).

## 3 Registration, User Account and Access Credentials

Use of the Platform requires registration and the creation of a personal user account. Registration is permitted exclusively for natural persons aged 18 or over, as well as legal entities and partnerships with legal capacity. Minors may only use the Platform with the express written consent of a parent or guardian.

During registration, the user must provide truthful, complete and current information. Registration is restricted to one account per natural or legal person. Multiple artist profiles and workspaces may be created within a single account according to the booked plan.

The user is obliged to keep their access credentials (email address and password) confidential and to protect them from access by third parties. In the event of suspected misuse or unauthorised access, the Provider must be notified immediately at **support@wmit.work**. The user is liable for all activities carried out using their access credentials, unless they are not responsible for the misuse.

The Provider is entitled to suspend a user account temporarily where there is reasonable suspicion of a breach of these Terms. Permanent closure of an account is governed by Section 13.

## 4 Formation of Contract and Subscription Plans

The user agreement between the Provider and the user is formed upon registration on the Platform and confirmation of registration by the Provider (e.g. by email or account activation). By completing the registration process, the user accepts these Terms and the Provider's Privacy Policy.

The Platform is available under various pricing tiers. Free basic access (Free Tier) is available immediately upon registration. For paid subscriptions (Artist Pro, Client Center Management / Label), a separate payment contract is formed upon selection of the desired plan and completion of the checkout process via payment provider PayPal. The current plan terms, prices and features are set out on the Platform under "Pricing" and form part of the contract.

## 5 User Obligations

The user undertakes to use the Platform solely for lawful purposes, in accordance with these Terms, applicable law and accepted standards of conduct. In particular, the user is obliged to:

- **Accuracy of data:** Ensure that all data entered — in particular profile information, social media links, ISRC/UPC codes, and release dates — is truthful and up to date.
- **Own content:** Take sole responsibility for all content, audio files, artwork, and text uploaded, entered or published on the Platform, and confirm that such content is free from third-party rights or that the user holds all necessary rights of use and copyrights.
- **Data security:** Take responsibility for the security of their own devices and access credentials and implement appropriate protective measures (e.g. strong passwords, up-to-date security software).
- **Third-party platforms:** Ensure, when connecting third-party platforms (e.g. Spotify, YouTube, Instagram, TikTok) via OAuth, that they are authorised to do so and that they comply with the respective terms of use of those platforms.
- **Reporting obligation:** Notify the Provider without delay upon becoming aware of any security vulnerabilities, errors or legal violations on the Platform.
- **Contact details:** Keep contact information (in particular email address) up to date at all times to ensure the deliverability of important communications from the Provider.

## 6 Prohibited Uses

The user is prohibited from any use of the Platform that violates applicable law, the rights of third parties or these Terms. In particular, the following are strictly prohibited:

- **Automated access:** The use of bots, crawlers, scrapers or other automated means to retrieve Platform content without the Provider's express authorisation.
- **Reverse engineering:** Decompiling, disassembling or otherwise technically analysing the Platform software, to the extent not expressly permitted by law.
- **Unlawful content:** Uploading, entering or distributing content that violates criminal law, copyright, personality rights, collecting society rights (e.g. GEMA), or other rights of third parties.
- **System attacks:** Any form of attack on the technical infrastructure of the Platform, including DDoS attacks, introduction of malware or prompt injection attacks targeting AI components.
- **Multiple accounts:** Creating multiple user accounts to circumvent access restrictions or to misuse free-tier services.
- **Commercial resale:** Reselling, sublicensing or otherwise commercially exploiting the Platform software for the benefit of unauthorized third parties without the Provider's express consent.
- **Deception:** Misrepresenting one's identity, using another person's credentials or engaging in any other deceptive conduct towards the Provider or other users.

In the event of a breach of these prohibitions, the Provider is entitled to suspend or close the user account immediately and to assert claims for damages. Criminal violations will be reported to the competent authorities.

## 7 Third-Party Platform Integrations, APIs and OAuth Connections

The Platform enables the voluntary connection of external services — in particular Spotify, YouTube, Google Analytics, Instagram, Facebook, TikTok, and Google Workspace — via the OAuth 2.0 protocol or API interfaces. By authorising such a connection, the user grants the Provider permission to access, on the user's behalf, specific, clearly defined data from those services (read-only access to metrics, profile data, etc.).

The respective third-party provider is solely responsible for the content, availability and data protection practices of the connected platforms. The Provider does not warrant the accuracy of data received from third-party platforms and is not liable for outages or API changes made by third-party providers. The user may revoke OAuth connections at any time in the Platform settings.

The user confirms that, when setting up third-party platform connections, they comply with the terms of service and policies of the respective platforms (e.g. Spotify Developer Terms, YouTube API Services Terms of Service, Meta Platform Terms, TikTok Developer Terms). Any breach of third-party provider terms is the sole responsibility of the user.

## 8 AI-Powered Features – Notices, Data Processing and Limitation of Liability

The Platform uses AI technologies — in particular the **Google Gemini API** (including Gemini 2.5 Flash & Pro) — for various features (AI-Copilot, Strategy Engine, Content Planning, text generators). The user acknowledges and agrees that:

- **Advisory nature:** All AI-generated content, recommendations, roadmaps and strategy plans are purely advisory and informational in character. They do not constitute binding advice or commercial success guarantees.
- **No guarantee:** The Provider does not guarantee the accuracy, completeness, currency or commercial success of AI-generated content. Results may vary and must always be critically reviewed by the user.
- **No training on user data:** The Provider ensures via server-side data processing and architecture that user content, prompts, lyrics, and uploads are **not** used to train public third-party AI models.
- **Hallucinations:** AI systems may generate factually incorrect statements (so-called hallucinations). The user is advised not to base critical decisions (e.g. legal contracts, final delivery deadlines) solely on AI-generated outputs.
- **Ongoing development:** AI models are subject to continuous development. The Provider reserves the right to update or replace AI models provided that functionality and service quality are maintained.
- **Right to introduce usage restrictions and token limits:** The Provider is entitled at any time to introduce, adjust, or enforce quantitative or qualitative usage restrictions, in particular with regard to AI-supported features (such as monthly or daily token limits, prompt generation quotas, API rate limits, or volume allowances per billing cycle). This serves to safeguard system stability, prevent resource abuse (fair use principle), and maintain commercial predictability over variable model and infrastructure expenses. If a user exceeds the applicable limit, access to AI features may be throttled, temporarily suspended until the beginning of the next billing cycle, or redirected to supplementary quotas. Applicable limits and status will be communicated transparently within the platform interface.

## 9 Availability, Maintenance and Technical Changes

The Provider endeavours to make the Platform available with an uptime of at least **99% on an annual average**, excluding scheduled maintenance windows and unforeseen technical outages. No entitlement to uninterrupted availability exists. Planned maintenance will be announced to users in advance with reasonable notice where possible.

The Provider is entitled to further develop, modify, supplement or discontinue the Platform and its features at any time, to the extent that this is reasonable for the user. Material changes to the scope of services that affect the user agreement will be communicated to the user by email with at least **30 days' notice** prior to taking effect. Paid subscribers shall have the right to extraordinary termination in the event of material, adverse changes to services.

The Platform’s production server (Google Cloud Run) and Vault file storage (Google Cloud Storage) are located in us-west1 (Oregon, USA). The Firestore production database is located in europe-west10 (Berlin, Germany). Firebase Authentication is not bound to this database region. The Privacy Policy provides further details on processing and locations. The Provider is not responsible for outages attributable to disruptions in the Google Cloud infrastructure or third-party services used.

## 10 Intellectual Property and Licences

**Provider's Rights**
All rights in and to the Platform, its software, source code, design, AI model integration, algorithms, templates and other components vest exclusively in the Provider or its licensors. These Terms do not transfer any ownership rights in the Platform software to the user.

The Provider grants the user, for the duration of the user agreement, a **non-exclusive, non-transferable and non-sublicensable right** to use the Platform in accordance with these Terms for the user's own music career or artist team/label. Any use beyond this scope — in particular commercial redistribution of source code or scraping of Platform content — is prohibited.

**User's Rights in Own Content**
The user retains 100% of all copyrights, master rights, and exploitation rights in the content, songs, audio files, artworks, and text they upload or enter on the Platform. By uploading content, the user grants the Provider the non-exclusive right of use necessary for the operation of the Platform to process, store, and display such content. This right of use terminates upon deletion of the content by the user or upon termination of the agreement.

**AI-Generated Outputs**
Text, captions, pitch templates, and strategy concepts generated by the user using AI tools are available for the user's free use for their own marketing and release purposes.

## 11 Liability and Limitation of Liability

The Provider is liable without limitation for damages resulting from intent or gross negligence on the part of the Provider, its legal representatives or vicarious agents, as well as for damages arising from injury to life, limb or health, and for damages resulting from a breach of a material contractual obligation (cardinal obligation).

In cases of slight negligence involving the breach of a cardinal obligation, the Provider's liability is limited to the typical, foreseeable damage at the time of entering into the contract. Any further liability of the Provider — in particular for indirect damages, loss of profit or data loss — is excluded to the extent permitted by law.

> **Notice for Consumers:** The foregoing limitations of liability do not apply to claims under the German Product Liability Act (ProdHaftG) and do not affect mandatory statutory consumer rights.

**No Legal or Tax Consulting Services:**
The Provider expressly clarifies that all content, sample texts, templates, contract drafts, split sheets, collecting society information, AI-generated recommendations, calculations and orientation guidance provided on the Platform are for general informational, organizational and workflow purposes only. The Provider provides **no legal advice** and **no tax consulting services**, and is legally not permitted or authorized to provide such services (§§ 2, 3 RDG; § 5 StBerG). The use of the Platform is in no way a substitute for individual professional advice from a licensed attorney, copyright/media lawyer, tax consultant or the relevant collecting societies and public authorities. The user remains solely responsible for independently obtaining qualified legal, tax or contractual review prior to implementation or signing.

The Provider is not liable for damages arising from the use of AI-generated content for career decisions. The Provider is likewise not liable for the availability, accuracy or completeness of data obtained from third-party platforms via OAuth or APIs, as these lie outside the Provider's sphere of control.

## 12 Right of Withdrawal for Consumers

**This section applies exclusively to Consumers within the meaning of Section 13 of the German Civil Code (BGB) and Directive 2011/83/EU.**

### Right of Withdrawal Notice

**Right of Withdrawal**
You have the right to withdraw from this contract within **fourteen days** without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract (for paid subscriptions: from the date of the order confirmation).

To exercise the right of withdrawal, you must inform us — **wemakeITwork, Malte Schröder, Planufer 92b, 10967 Berlin, Germany; email: support@wmit.work; tel.: +49 30 16 63 95 84** — of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an email). The withdrawal period is met if you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

**Effects of Withdrawal**
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to withdraw. We will use the same means of payment as you used for the initial transaction.

**Expiry of the right of withdrawal:** The right of withdrawal expires in the case of a contract for the supply of digital content not supplied on a tangible medium, if the Provider has begun performance of the contract after the consumer has given express consent to the commencement of performance before the end of the withdrawal period and has confirmed their acknowledgement that they thereby lose their right of withdrawal (cf. § 356(5) BGB and Art. 16(m) of Directive 2011/83/EU).

## 13 Term, Termination and Account Closure

The user agreement for free basic access is concluded for an indefinite period and may be terminated by the user at any time without notice by deleting their user account or by email. The Provider may terminate free basic access with **30 days' notice**.

Paid subscriptions run for the selected billing period (monthly or annual) and renew automatically for the same period unless cancelled before the end of the current billing period. A paid subscription may be cancelled at any time with effect from the end of the current billing period directly in account settings or via PayPal subscription management.

The right to extraordinary termination for cause remains unaffected. Cause entitling the Provider to extraordinary termination includes in particular: a culpable breach by the user of these Terms, payment arrears of more than 30 days, or the opening of insolvency proceedings against the user's assets.

Upon termination or closure of a user account, all data stored by the user will be deleted within **30 days**, unless statutory retention obligations require otherwise. The user is responsible for exporting their own data prior to termination.

## 14 Pricing, Price Adjustments, Payment Processing (PayPal) and Subscription Management

**1. Pricing and Taxes**  
All prices shown on the platform are final prices and include statutory value-added tax at the current rate of 19%.

**2. Payment Processing and Due Date**  
All payments for paid subscriptions are processed via the payment service provider **PayPal (Europe) S.à r.l. et Cie, S.C.A.** (22-24 Boulevard Royal, L-2449 Luxembourg). Accepted payment methods include those available through PayPal (including PayPal balance, SEPA direct debit, and credit cards). By taking out a paid subscription, the user accepts PayPal's terms of service and privacy policy. Payment is due and billed in advance at the beginning of each billing period.

**3. Beta Phase and Discounted Introductory Pricing (Beta Pricing)**  
The subscription prices currently displayed on the platform represent discounted promotional rates during the platform's public beta phase (Beta / Early Bird rates). The user expressly acknowledges and agrees that these subscription rates are subsidized and will be increased to regular standard pricing upon completion of the beta phase. The conclusion of the beta phase and the resulting migration to standard subscription tariffs will be announced to users in text form (via email) with a notice period of at least **30 days** prior to taking effect. In such event, the user shall be entitled to the extraordinary right of termination set out under subsection 4 below.

**4. Price Adjustment Clause (Conditions for Future Subscription Price Increases)**  
The Provider is entitled to adjust agreed subscription fees for running contracts at its reasonable discretion (Section 315 German Civil Code - BGB) to account for altered economic and technical circumstances, if and to the extent that the total costs of operating, providing, and developing the platform have increased significantly or unforeseeably following contract conclusion.

a) **Eligible Cost Factors:**  
An increase in subscription prices may only be made to cover cost changes in the following objectively justified cost categories:
- **Technical infrastructure expenses:** Rising costs for data centers, cloud hosting (specifically Google Cloud Platform / Cloud Run), server capacity, data storage, network connectivity, and bandwidth, as well as ongoing IT maintenance, system administration, and security updates;
- **AI model and external interface costs:** Increased provisioning, licensing, or inference expenses for external AI services (specifically Google Gemini API token and compute costs) as well as fees for third-party platform integrations (APIs of Spotify, YouTube, Meta, TikTok, etc.);
- **Personnel and overhead costs:** Rising labor costs for software development, platform maintenance, IT security, and customer support, as well as general operational, administrative, and overhead costs (including legal and tax advisory fees);
- **Regulatory fees and statutory charges:** Introduction of new or increases in existing statutory charges, administrative fees, copyright levies, or taxes (excluding value-added tax, which is adjusted directly pursuant to subsection 1);
- **Exchange rate fluctuations:** Increased procurement expenses resulting from currency exchange rate movements (in particular USD to EUR conversions for internationally billed cloud, AI model, and server services);
- **Costs from feature expansions or statutory mandates:** Capital expenditure and operational expenses incurred to satisfy amended statutory or regulatory obligations (e.g. EU AI Act, GDPR requirements, accessibility standards) or to deliver substantial new or enhanced platform features.

b) **Mandatory Offsetting Requirement (Saldierungsgebot):**  
A price increase shall only be permissible to the extent that cost increases in the aforementioned categories are not compensated by cost reductions in other relevant cost areas (such as reduced hosting rates, lower model API fees, or infrastructural efficiency gains). The Provider is obliged to take any cost decreases into account in its overall cost calculation and offset them against cost increases (principle of net cost balancing / Saldierung). Price increases solely aimed at expanding profit margins without corresponding cost increases are strictly impermissible.

c) **Procedure, Notice Period and Right of Extraordinary Termination:**  
- The Provider will notify the user of any intended price increase via email to the registered contact address at least **30 days prior to its scheduled effective date**. The notification must set out in a clear and comprehensible manner the specific reasons for the increase, the affected cost categories, and the exact date on which the price adjustment takes effect.
- Price adjustments may be implemented at the earliest following the expiry of the initial minimum contract term and at most **once per calendar year**.
- **Extraordinary Right of Termination:** In the event of a price increase, the user is entitled to terminate the subscription without notice and free of charge with effect from the date on which the price adjustment takes effect. If the user does not terminate the subscription before this date, the price adjustment shall be deemed agreed for the subsequent billing period. The Provider will expressly advise the user of this extraordinary termination right, the relevant deadline, and the legal consequences of non-objection in the notification.

**5. Payment Arrears and Account Suspension**  
If the user is in default of payment of the subscription fee (e.g. due to a failed charge or chargeback), the Provider is entitled, following prior notice and granting a reasonable grace period, to suspend access to premium and AI features until the outstanding balance has been fully settled. The user's obligation to pay the agreed subscription fee remains unaffected during any period of justified suspension.

## 15 Data Protection

The protection of personal data is of the highest priority for the Provider. The collection, processing and use of personal data is carried out exclusively in accordance with the Provider's **Privacy Policy**, which forms an integral part of these Terms and is available at [https://escctrl.wmit.work/privacy](https://escctrl.wmit.work/privacy). The Privacy Policy sets out in particular the nature, scope and purposes of data processing, the third-party services used (Google Firebase, Google Gemini API, PayPal, Mailchimp) and the rights of the user as a data subject under the GDPR.

## 16 Amendments to these Terms

The Provider reserves the right to amend these Terms with effect for the future. Amendments will be communicated to the user by email at least **30 days** before they take effect. The amended Terms shall be deemed accepted if the user does not object in writing or by email within 30 days of receiving the notification of the amendment, provided that the notification expressly draws attention to this legal consequence.

In the event of an objection, the Provider is entitled to terminate the user agreement with effect from the date on which the amended Terms take effect. For Consumers, statutory provisions apply without restriction.

## 17 Final Provisions

**Governing Law**
These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For Consumers habitually resident in another EU Member State, mandatory consumer protection provisions of the consumer's country of residence additionally apply to the extent that they are more favourable.

**Jurisdiction**
The exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement is **Berlin, Germany**, provided that the user is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. For Consumers, statutory places of jurisdiction apply.

**Severability**
Should any provision of these Terms be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the legally valid provision that most closely approximates the economic purpose of the invalid provision.

**Written Form**
Amendments or supplements to these Terms and any collateral agreements require written form or express written confirmation by the Provider. This also applies to the waiver of this written form requirement.

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**Last updated:** 10 October 2026 | **Version:** 2.2 | **Platform:** esc/ctrl (escctrl.wmit.work and escctrl.de) | **Provider:** wemakeITwork, Malte Schröder, Berlin, Germany