1. Subject matter of the GTC
   • The entrepreneur has developed a special app called TableTone (hereinafter referred to as “TableTone”), in which players of table-top role-playing games can play background sounds and music that match the game on their devices while playing. TableTone is free of charge and already contains a small library of ambient sounds, sound effects and pieces of music (hereinafter referred to as “assets”) that users can use free of charge. It is also possible to purchase additional assets by paying a regular usage fee. In this case, the user acquires rights to the assets that go beyond those that the user acquires for free use. There are currently two such fee-based models, Standard Subscription Model (monthly/yearly) and Creator Subscription Model (monthly/yearly). The current fees can be viewed directly in the app.
     
   • These GTC can be accessed at any time on the entrepreneur's Online Store and in the App.
2. Requirements for the use of the online store and the Assets
   • You must have the TableTone app to play the assets. All assets may only be played via TableTone. Any form of playback outside of TableTone is prohibited. It is also prohibited to extract the sound files from assets or to extract them from the app in any other way.
3. Subscriptions and delivery of the assets contained therein‍
   • You can choose between 4 subscription models in the app and purchase them by selecting a button. The prices for the individual subscriptions are displayed directly next to them. All prices include all taxes and duties. There are no additional costs other than those displayed. It is the user's responsibility to ensure that the TableTone app is installed on their device and that they have sufficient storage space and an internet connection to download the assets.
   • After selecting the purchase button, the user is once again given the opportunity to call up the GTC and the separate privacy policy, review them and save them as a PDF file. Before completing the purchase, the user confirms that he/she has read, understood and accepted these GTC, has read and understood the privacy policy, expressly requests that the assets contained in the subscriptions be made available immediately and acknowledges that he/she loses his/her right of withdrawal as a result of this request (see point 4. and the exceptions under point 5.). The user is also informed that by taking the next step he/she is purchasing the subscription subject to payment. By clicking the corresponding button, the purchase contract with the entrepreneur is concluded.
   • After purchase, the assets are automatically downloaded to TableTone via the cloud backend service used to host and deliver the assets contained in the subscriptions (“TOBE”).
4. ‍Loss of the right to revoke the contract‍
   • According to § 18 para 1 no 11 FAGG (“Fern- und Auswärtsgeschäfte-Gesetz” – Austrian Long Distance and Off-Premises Transactions Act), the user has no right of revocation (right of withdrawal) of contracts concerning the delivery of digital content not stored on a physical data carrier within the meaning of § 3 no. 5 FAGG, if the entrepreneur - with the express consent of the user, together with the user's confirmation of the loss of the right of revocation (right of withdrawal) in the event of premature commencement with the fulfillment of the contract and after provision of a copy or confirmation in accordance with § 7 para. 3 FAGG - has commenced delivery before the expiry of the otherwise existing revocation period.
   • The assets are digital audio files and thus digital content within the meaning of § 3 Z 5 FAGG. The user expressly requests that the entrepreneur fulfills the contract immediately after conclusion of the contract and makes the assets contained in the purchased subscription available. The user therefore acknowledges that they lose their right of revocation due to this request in accordance with § 18 para 1 no. 11 FAGG.
   • ‍According to § 7 para 3 FAGG, the user shall be provided with a confirmation of the concluded contract on a durable medium (e.g. e-mail) together with the information specified in § 4 para 1 FAGG within a reasonable period of time after the conclusion of the contract, but at the latest before delivery of the assets, unless this information has already been provided on a durable medium. The contract confirmation shall in any case contain a confirmation of the consent to the immediate performance of the contract and the confirmation of the user's knowledge of the resulting lapse of the right of revocation (right of withdrawal).‍
5. Intellectual property and license conditions‍
   • The user acquires a simple, non-exclusive and non-exclusive license to use the assets contained in the subscription, which is unlimited in terms of time and geography. It is also limited to the exploitation rights of the broadcasting right, the right to perform, present and make available. The non-public exercise of these exploitation rights, including the reproduction of the assets, is permitted without restriction. Commercial exploitation of the assets is not permitted without the express consent of the entrepreneur.
   • A public exercise of the exploitation rights pursuant to item 5.1. is only permitted in the form that the user depicts the playing of a table-top role-playing game with the simultaneous use of TableTone, for example by means of a video or an audio recording on which the playing of the table-top role-playing game can be seen and the assets of the entrepreneur can be heard in the background. The right for such public exercise may not exceed a circle of 1,000 persons. The user must take appropriate measures (such as blocking or access restrictions) to ensure that this group of people is not exceeded or to purchase the Creator Subscription Model (see point 5.6.) in which a public exercise exceeds the maximum permitted group of people. This applies regardless of how often the group of persons is exceeded during the minimum contract term. Any further public exercise of the exploitation rights, in particular by mere reproduction of the assets, is prohibited.
   • When publicly exercising the exploitation rights mentioned under 5.1, it must be indicated in an appropriate manner that the assets originate from the entrepreneur. The following formulations, for example, are considered suitable references:
     
     “Sounds, sound effects and music provided by TableTone © GreenLobster Media Technologies GmbH 2023”
     
     “Sounds, sound effects and music provided by TableTone courtesy of GreenLobster Media Technologies GmbH 2023”
     
     “Sounds, ambiences and music provided by TableTone © GreenLobster Media Technologies GmbH 2023”
     
     “Sounds, ambiences and music provided by TableTone with kind permission of GreenLobster Media Technologies GmbH 2023”
     
     In the case of public events, a clearly visible notice on posters and flyers advertising the event is deemed to be a suitable notice. In the case of streams, radio broadcasts or comparable public presentations of games in which assets of the entrepreneur are played, the appropriate notice must be included at the beginning of the medium (for videos for at least 5 seconds), or it must be permanently displayed. The notice must also be included in the description of the video, if such a description exists.
     The use of the “GeenLobster” and “TableTone” symbols is permitted in addition to the above-mentioned forms of presentation by insertion in videos of the length requested by the user. Any other use requires the consent of the entrepreneur.
   • The license is non-transferable and cannot be sublicensed. In particular, it is not permitted to pass on videos, audio recordings or comparable recordings of Assets to third parties. This also applies if the Assets are part of one’s own media (e.g. a recording of a game in which the assets are played in the background).
     
     In the event that a transfer to third parties is planned, the entrepreneur must be contacted via E-Mail: office@greenlobster-mt.com to request an extension of the license.
   • The user is not authorized to edit the assets. Recording in the user's own media is only permitted if these represent the playing of a table-top role-playing game and the assets can be heard in the background.
   • When purchasing the Standard Subscription Model, the user may, in addition to the rights specified in points 5.1. to 5.5., publicly exploit the assets in the ways specified in point 5.1. as long as the exploitation itself or the reason for the exploitation is not commercial. For example, reproduction in the context of charity events or fundraising for charitable purposes is permitted.
   • When purchasing the Creator Subscription Model, the user may, in addition to the rights specified in points 5.1. to 5.5., publicly exploit the assets in the ways specified in point 5.1. without there having to be a connection with actual table reel games, as long as the essential element of the public exploitation is not the reproduction of the assets and they are merely played in the background to accompany the content in the foreground. For example, public playback as background in museums, training rooms and similar facilities or of radio plays or readings is permitted. When exercising the exploitation rights in public, the number of persons who can exercise the rights is not limited.

1. ‍Termination and contractual penalties‍
   • The fee-based models are offered in the form of a subscription. The contract period is one month or one year, depending on the subscription. The user therefore pays the subscription fee either monthly or annually. If the subscription is not canceled, it is automatically renewed. The user can cancel the subscription at any time before the end of the contract period. If the user does not exercise this right of termination in good time, the subscription will be extended by one month or one year.
   • Violations of these GTC entitle the entrepreneur to immediately terminate the contract with the user and to revoke the license to use the assets contained in TableTone. The Company shall give the User the opportunity to remedy the breach within 14 days. If the infringement persists, the entrepreneur is entitled to terminate the contract with the user without further correspondence and with immediate effect, to revoke the license to use the assets and to block access to all assets.
   • In the event of a breach of the license conditions under points 5.1, 5.5 or 5.6, the appropriate fee shall be set at € 50,000 plus VAT per breach. In the case of permanent violations, each day on which the violation is committed shall be deemed a single violation, regardless of the duration of the violation. The assertion of further damages and claims (e.g. compensation, invoicing and profit) shall remain unaffected by this.
   • A contractual penalty of € 5,000 per violation is agreed for a violation of the prohibition of extraction according to point 2, the obligation to mention the name according to point 5.2 or the prohibition of editing according to point 5.4. Otherwise, the provisions of point 6.2 shall apply mutatis mutandis.
   • A contractual penalty of € 10,000 or 25% of the total remuneration earned by the user, whichever is higher, is agreed for a breach of point 5.3. Otherwise, the provisions of point 6.2 shall apply mutatis mutandis.
2. Liability‍
   • With the exception of personal injury, the Company shall only be liable in the event of gross negligence or intent. The Company does not warrant or guarantee that the TableTone App and/or the Assets will be available and accessible at all times. Nor does the Company warrant or guarantee that the Assets can be used for a specific purpose.
   • In no event shall the entrepreneur be liable for compensation for loss of profit, unrealized savings, a certain success not achieved in a game or for compensation for consequential damages. There is no entitlement to changes to assets, availability of certain assets or a certain quality or quantity of assets.
   • The user is aware that the Internet is not a secure communication medium and that data sent via the Internet can become known on the one hand and can be changed by third parties on the other. The customer bears the risk that data does not arrive at the entrepreneur or does not arrive in the form in which it was sent. The entrepreneur may rely on the fact that the data was transmitted by the user in the very form in which it was received. Invoices are made available to the user electronically in PDF format.
   • The TableTone App is provided on an "as is" and "as available" basis. The Company makes no warranty, express or implied, as to the functionality, accuracy or availability of the App. No suitability for a specific purpose is agreed. The Entrepreneur shall not be liable for any damages or losses arising from the use or inability to use the App, including but not limited to errors, malfunctions, viruses or unauthorized access.
3. Prohibition of offsetting‍
   • The offsetting of the user's claims against the entrepreneur's claims is not permitted. If the user is a consumer within the meaning of the KSchG (Konsumentenschutzgesetz – Austrian Consumer Protection Act), this shall not apply if the entrepreneur is insolvent or if the claims of the entrepreneur are legally related to the consumer's liability and have been found to lawfully exist by a court or recognized by the entrepreneur.
4. Protection of minors‍
   • The purchase of a subscription is only permitted for persons who have reached the age of 18. With the purchase, the user expressly confirms that they have reached this age.
5. Change of the GTC‍
   • The entrepreneur reserves the right to amend these GTC at any time. The updated GTC will be made available in the app. Likewise, before a purchase is made after the GTC have been amended, reference will be made to the new GTC, which will then be made available to the user again.
6. Data Protection‍
   • The data protection provisions available separately on the TableTone homepage of the entrepreneur and the app shall apply.
     Data Protection Officer: Richard Markus Tretzel
     Email: dataprotection@adaptive.audio
7. ‍‍‍Final provisions‍

• These GTC, the use of TableTone and TOBE are subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of law rules.
• For all disputes arising from or in connection with the use of TableTone, TOBE, the Assets and the individual contracts concluded, including the question of the conclusion of a contract, it is agreed that the court with subject-matter jurisdiction at the registered office of the entrepreneur shall have jurisdiction. If several courts come into question, the respective plaintiff has the free choice of which court to bring the action before.
• If the User is a consumer within the meaning of the KSchG, the court in whose district the domicile, habitual residence or place of employment of the User is located shall have jurisdiction for actions to determine the existence or non-existence of a contract, for performance or rescission thereof and for compensation for non-performance or improper performance.
• In the event of contradictions or discrepancies, the German version shall prevail.

8. Contact information

GreenLobster Media Technologies GmbH
Marburgerstraße 38
8042 Graz
UID: ATU73471236 (VAT number)
Company register court: Reginal court for civil matters Graz (Landesgericht für Zivilrechtssachen Graz)
Email: office@greenlobster-mt.com

‍