Terms of Service

Terms of Service (TOS) for our Music Downloads

1. Scope and Subject Matter

These terms govern the use of the platform Download Musica (download.musica.at)  and the granting of usage rights for the musical works offered. By downloading a work (track, song) or creating a license certificate, the user fully accepts these terms and conditions.

2. License Levels and Usage Rights

Rights are granted in three levels, depending on the status of the user account:

  • Free License: Strictly for private, non-commercial use only. Public performance or publication (e.g., on social media) is not permitted.
  • Basic License: Allows use for content creators (e.g., YouTube, Instagram). Mandatory Requirement: The author must be credited exactly as follows: ‘Music: Johannes Kaiser-Kaplaner’.
  • Advanced License: Allows professional and commercial use for the licensee’s own projects. The resale, sub-licensing, or redistribution of the music tracks – whether as standalone files or bundled within third-party client projects (e.g., for agency clients) – is strictly prohibited under a standard account. Attribution is not required for this license level.

3. Identity of the Licensee and Account Binding

  • Proof of Identity: The license is issued to the data (First Name and Last Name) stored in the user account. This information appears on the certificate as the identification feature of the rightful licensee.
  • Name Locking: The identity is permanently fixed upon the creation of the first certificate. Subsequent changes to the licensee in the profile are excluded by the system.
  • Single-User Principle & Third-Party Usage: One account corresponds to exactly one licensee. The generated license certificates only cover projects where the registered licensee is the final creator and publisher. Agencies, freelancers, or production companies creating videos on behalf of third-party clients are not permitted to use a single Advanced account to clear music for multiple external clients. For each unique client or external organization, a separate account must be created, or a specific client license must be issued. For licenses in other names or organizations, a separate account with its own email address must be created.

4. Special Benefit: Validity & Continuity

Perpetual Use: Once legally licensed, tracks may be used by the user indefinitely for their projects – this explicitly applies even if a paid membership ends at a later date.

Status After Expiry: After a paid membership expires, the account is automatically downgraded to FREE status. All new tracks added over time remain available to the user, but under the terms of the Free License (private use only).

5. Logging of Downloads

To ensure license integrity and protect against misuse, every download process is specifically logged. This includes, in particular:

  • The exact timestamp of the access.
  • The user’s IP address.
  • The linked User ID and the ISRC of the downloaded work.

This logging serves as technical proof of lawful licensing and will be used in the event of copyright audits.

6. Technical Validation (License Certificate)

A valid proof of license is exclusively the system-generated PDF certificate. For legal security, it contains the following data:

  • The unique Certificate ID.
  • The ISRC (International Standard Recording Code) of the respective track.
  • The exact date of licensing.
  • The name of the registered licensee.

7. User Obligations and Protection Against Misuse

  • Metadata Protection: It is prohibited to remove or manipulate the information embedded in the MP3 files (such as ISRC, copyright tags, or author information).
  • Access Data: Sharing login credentials with third parties is strictly prohibited. A violation of this provision may lead to a warning or immediate suspension of the account.
  • Automation: The use of bots or scripts for mass extraction of the database is prohibited.

8. Final Provisions

The license certificate is generated automatically and is valid without a handwritten signature. In the event of copyright inquiries by third-party platforms (e.g., Content ID claims), the certificate serves as official proof of usage rights, citing the Certificate ID and the ISRC.

Furthermore, the General Terms and Conditions and the Privacy Policy according to Art. 13 and 14 GDPR apply at https://www.kaiser-kaplaner.at/agb.html.