Terms of Service

These Terms of Service were originally published on 23.09.2022. This document has last been revised on 03.04.2026.

The only legally binding version of this document is the German version. Any other version is a translation and may not be up to date or correct, and is only provided for informational purposes.

The following terms apply between you and

songbattle.io

Sebastian Wilczek

Auf dem Damm 110

47137 Duisburg

Germany

The above may also furthermore be referenced by other terms ("us", "we", "our", "songbattle", "songbattle.io").

1. Acceptance of Terms of Service

You agree to be legally bound by these Terms of Service as well as other agreements (privacy policy) by signing into your Twitch or Discord account using the songbattle web application. Furthermore, additional terms may apply to you if you purchase features or services through the offered product. Hereby, the aforementioned shall be collectively known as the "agreement". If you do not agree to be legally bound by all terms mentioned in the agreement, do not make use of our service.

We reserve our right to change this agreement and our service. We may do this to reflect changes in requirements as dictated by all applicable law and to accommodate new features or changes in our service. The most recent version of this agreement is being made available within the songbattle web application. You are recommended to regularly read the most recent version, as it is the version that is applicable to you and the used service. If any change to this document influences your rights or obligations, you will be notified by us. This notification will be sent via your email address. By continuing the use of our service after the newly revised agreement becomes effective, you agree to the newest version of the agreement.

2. Eligibility of Use

To use the songbattle web application and to make use of our service you must be at least 18 years old. By signing into an account and by using our service, you guarantee the following:

  • You are legally eligible to form a binding contract with songbattle
  • You are not prohibited from using our service under any applicable laws of the country or state you are situated in or face any other prohibition of such kind
  • You agree to comply with this agreement and all applicable laws and regulations

3. Account

To register with and use the songbattle service, you are signing in via Twitch or Discord OAuth. It is your responsibility to maintain the confidentiality of the provided credentials. Furthermore, you are responsible for all and any activities that occur using your login credentials. If you believe that someone may be using your account in your stead, please contact us through info@songbattle.io. For more information about what data we collect about you and your usage or our service, please consult our privacy policy.

All digitally purchased or earned content, including virtual currencies, items, or enhancements, is tied to your account and cannot be used without it. Such content is non-transferable and may not be sold, exchanged, or transferred to another account.

In the event that your account is deleted or suspended, you will permanently lose access to these digital contents; no payout or refund will be provided by songbattle.io. Statutory claims against the respective payment service provider remain unaffected.

4. Modifications

We are continuously improving our product by introducing new functionality. In order to do so, we may add or remove features from the songbattle web application. Unless the addition or removal of such functionality does impact your rights or obligations, you may not be notified of these changes before they are in effect. We reserve our right to suspend our service entirely. In such an event you will be notified unless security concerns prevent it.

You are free to terminate your account at any time by using the “Delete account” function integrated into the songbattle web application. We reserve the right to terminate or delete your account at any time without prior notice if we believe that you have violated the terms set forth in this agreement. In the event that your account is terminated, you shall not be entitled to any refund from songbattle.io. Any refund or cancellation claims in connection with purchases processed via payment service providers are governed exclusively by the terms of the respective payment service provider. Upon termination of your account, this agreement between songbattle and you shall be deemed terminated, with the exception of the following sections: 4, 5, 12-19.

If changes to this agreement materially affect your rights or obligations, we will notify you within the service in an appropriate manner, for example through a notice upon login or a highlighted message in the songbattle web application. The revised agreement will take effect no earlier than after such notice. If you continue to use the service after the revised agreement takes effect, this will constitute your acceptance of the updated terms. It is your responsibility to stay informed about changes by reviewing the version of the agreement provided in the songbattle web application on a regular basis.

5. Safety

songbattle.io is explicitly not responsible for any interaction with or the conduct of any user of the service, both while using the product and offline. It is your responsibility to be cautious in all forms of interactivity with other users of the service, no matter if the interaction happens using our product or outside of it. You shall not provide any form of sensitive or financial information to other users, nor shall you send money or any form of goods, both of monetary or personal value, to other users.

Interaction with other users of our service is your responsibility. You hereby confirm that you understand that songbattle does not perform checks regarding the (criminal) background or activity on the users of the songbattle service. We do not make any guarantees or warranties as to the behaviour of our users.

6. Rights granted to you

As part of this agreement, songbattle grants you a personal, non-exclusive, non-assignable, non-sublicensable and revocable licence to use our service. Said licence is granted for the purpose of providing our service to use as permitted by this agreement. Consequently, you agree to not do the following:

  • modify, change, copy, derive from, use or reproduce any material covered by copyright, images, trademarks or any other form of intellectual property without prior explicitly written consent by songbattle
  • make use of our service or any content within the service for any form of commercial use without prior explicitly written consent by songbattle
  • make use of our service in ways that disrupts or otherwise negatively affects the provided service or any connected server, networks or end-user devices
  • publish or upload malicious software or in any way compromise the security of the service
  • manipulate transmitted information to our service in any way, such as transmission header or identifiers
  • attempt reverse engineering, decompilation, deciphering, translation, adaptation, modification, sublicensing or any form of disassemblement of any part of the service
  • scan or probe the security of the service or any connected system for vulnerabilities
  • make use of any automatic or manual device, tool or method to data mine, access or retrieve any content of the service
  • develop any software that interacts with our service or any of its content
  • pretend that any statement or action on your part is coming from songbattle or is endorsed by us
  • make use of or publish any programming interfaces of the service
  • mirror, imitate or impersonate any subset of the functionality or interactivity of the service
  • make use of any software or devices referencing songbattle and the service (including logo and applicable trademarks) to direct any other person to another service
  • promote or actively encourage any actions that may violate this agreement

7. Rights you grant us

By using the service, you grant us a royalty-free, worldwide, transferable and sub-licensable licence and right to use, store, host, copy, backup, reproduce, display, edit, modify, adapt, distribute and publish content you upload, display, post or make available through the service. The licence you grant us is non-exclusive aside from derivative works, such as screenshots of the service including your content, which are exclusive to songbattle. The license you grant us is solely for the purpose of operating, displaying, optimizing, and further developing the service. It does not include independent commercial redistribution of your content outside the service.

You authorise us to act in your stead regarding infringement of your content taken from our service by other people. This includes the right granted to us to create and send DMCA takedown notices on your behalf if your content is used by a third party outside of the service despite originating from the service.

The licence you grant us is subject to right under any applicable law. The content is granted for the purpose of providing, operating, developing and improving the service as well as related services. You understand and agree that any content published by you may be viewed by other users and can be considered public to anyone able to use the songbattle service. Content you share using the service may be shared by other users outside of the service.

You confirm that all data you submit is accurate and truthful. You also confirm that you have the right to submit content through the service, including the licence granting detailed prior.

We reserve our right to monitor and review any information you submit through songbattle. We also reserve the right to delete or censor any content or parts of content that we consider to violate this agreement. The same accounts for content that may harm our reputation.

You agree that songbattle and other third parties may show advertising on the service. Any feedback you provide may be shared and used by songbattle without any form of compensation.

In accordance with any applicable law, we may retrieve, save and disclose any part of your information and content if we are required to do so given the law, or to uphold this agreement. Furthermore, we may do so if there is special interest to do so, to comply with any legal process, to respond to content right violation claims, to respond to customer requests or to protect the personal safety, property, rights or assets of songbattle or any other given entity.

In the event your account is deleted, we may continue to store certain information and content to the extent permitted by law, insofar as this is necessary to comply with legal obligations, such as tax and accounting requirements, or to enforce our rights, including handling fraud cases, chargebacks, or abusive behavior.

8. Community Rules

By making use of the service, you agree to not do the following:

  • make use of the service for any purpose that can be considered harmful or malicious
  • make use of the service to cause damage to songbattle
  • make use of the service for any illegal purpose or any purpose prohibited by this agreement
  • impersonate a different person or entity
  • post content of another person or entity without their permission
  • perform scams or fraud
  • harass, mistreat, bully, intimidate, assault, stalk or defame any other person or entity
  • attempt to retrieve passwords or personal identifying information for illegal or commercial use from any other person or entity
  • publish any content that may infringe any other persons or entities rights, including the right of privacy, copyright, publicity, trademarking, contract and intellectual property
  • publish any content that contains or promotes racism, sexism, bigotry, hate or physical harm of any kind against any defined group, person or entity
  • publish any content that contains hate speech, violence or threats
  • publish any content that contains nudity, pornographic or otherwise graphic material
  • create an account if songbattle has terminated your account
  • make use of the account of another user, share an account with multiple users or make use of multiple accounts

9. Content of other users

While we reserve the right to review, remove and censor any content that may violate this agreement, the published content remains the responsibility of the person or entity posing it. We can not guarantee that all given content accessible through the service may comply with this agreement. If you find any content that may pose a violation, please report it to us.

10. Purchases

For the time being, songbattle operates as a service free of charge. Eventually, songbattle may introduce features available for purchase. Once such features are introduced, this section of the terms will be expanded to detail the agreement regarding purchases made through the service and related systems.

11. Copyright and Infringement

If you assume that any of your content has been copied and uploaded to the service, infringing on your copyright, please provide us with the following:

  • a description of the content that you believe is infringing your copyright
  • a definition of where the infringing material can be found, to enable us to locate the appropriate files, entries or references
  • your address, email address and telephone number
  • a statement by you that you make the claim of copyright infringement in good faith that the usage of the content is not authorised by the owner of the content or any applicable law or fair use
  • a statement by you made under the penalty of perjury that all given information is accurate and that your are the copyright owner of the content in question or that you are authorised by the owner to act in their stead
  • your signature or the signature of the copyright owner, physical or digital

songbattle™ is a trademark of Sebastian Wilczek. The songbattle™ name, logo, and associated branding may not be used without prior written consent.

Any notice of copyright infringement claims shall be provided to the copyright agent of songbattle via an email sent to info@songbattle.io.

We reserve our right to terminate the accounts of users repeatedly infringing on copyright.

12. Disclaimer

songbattle provides the service "as is" and "as available". This is limited to the extent of any applicable law. We grant no warranties in any regard to the service or the contained content, including, but not limited to, satisfactory quality, fitness for purpose, non-infringement or merchantability. We do not warrant a guarantee of uninterrupted, error-free or secure service. We do not warrant a guarantee of correction of errors or defects. We do not warrant a guarantee of accuracy of content or information obtained through the service.

We take no responsibility for any content that any user or any third party submits, uploads, posts, sends or receives through the service. Any content or data you obtain through the usage of songbattle is to be used at your own risk.

In particular, we are not liable for losses of digital goods or currencies resulting from

  • the deletion, suspension, or termination of your account,
  • technical issues, server outages, or service errors,
  • changes to or removal of individual features or reward systems, unless such loss is due to intentional misconduct or gross negligence on our part.

13. Services of third parties

songbattle may contain promotions, advertisements and tracking systems offered by multiple third parties. Furthermore, links to other services may be provided. We do not carry any responsibility for any availability or lack thereof of any external service. Any interaction you carry out with any external service are under applicability of their terms of service. We are not liable or responsible for these terms or the actions of third parties.

Nevertheless we encourage you to read the terms and conditions of the following third parties, since you are bound by them by using songbattle.io:

14. Limitation of Liability

To full extent of any applicable law, in absolutely no case will songbattle, affiliates of songbattle, its employees, service providers or licensors be under liability for any kind of consequential, incidental, indirect, exemplary, punitive or special damages, including, without any limitation, any loss of profits, no matter if incurred indirectly or directly, any loss of data, use, goodwill or other intangible losses, resulting from any of the following:

  • accessing, making use of or being unable to access or make use of the service
  • through the conduct or content of other users or third parties provided on or through the service
  • unauthorised usage, access or alteration of any of your content, even in the case that we have been advised of such possible damages occurring

To the extent that songbattle.io provides paid services directly to the user in individual cases, liability shall be limited to the amount that the user has paid to songbattle.io for such service within the twelve months preceding the occurrence of the claim, but in any case no more than €100. All or some of the exclusions or limitations set forth in this section may not apply to you if your jurisdiction does not allow the exclusion or limitation of certain damages.

Digital content, virtual currencies, and cosmetic items do not constitute property rights. To the extent that songbattle.io acts as the seller in exceptional cases, any compensation in connection with the loss or unavailability of such digital content shall, to the extent permitted by law, be limited to the amount paid by the user to songbattle.io for such content.

15. Arbitration, Class-Action Waiver, Jury Waiver

This section applies exclusively to users who reside outside the European Union (EU) and the European Economic Area (EEA), and only in jurisdictions where arbitration is legally permitted.

1. The exclusive means of resolving disputes or claims related to this agreement and any breach of it or to this service is binding arbitration under administration by JAMS. This is assuming the exception to exclusivity that either party may take their right to bring a claim in small claim courts of the relevant jurisdiction. If the claim was filed in arbitration, the party responding can request that the dispute may proceed in a small claim court, assuming that the claim is within its jurisdiction. If this happens before an arbitrator has been appointed, the arbitration is to be closed. If it happens afterwards, it is up to the arbitrator to determine if the dispute is to remain in arbitration or if it should be moved to a small claims court. All arbitration is to be conducted through written submission unless either songbattle or you invoke the right to an oral hearing. No matter the case, you agree that you will not commence, participate in or maintain any class action, class arbitration or any representative proceeding against songbattle.

2. By using songbattle, you agree to the arbitration agreement detailed above. You give up your right to got to court to defend or assert any claim between you and songbattle, aside from matters that can be settled in small claim court. You furthermore give up your right to participate in any class action or other class proceedings. Outside of small claim court, your rights are to be determined by a neutral arbitrator instead of a jury or judge. The arbitrator will determine all claims and issues regarding their arbitrability. You are entitled to a fair hearing before the mentioned arbitrator. This arbitrator is able to grant any relief that a court could. This includes the ability to hear dispositive motions, which can include a motion upon the pleadings of involved parties along with submitted evidence. However, these proceedings are normally a simpler processing than a court trial. Any decision by an arbitrator are enforceable in court. They may be overturned by the court, for a limited number of reasons.

3. Any proceeding to enforce the arbitration agreement may be commenced in a court of relevant jurisdiction. If the agreement is held unenforceable, any form of litigation against songbattle, excluding small claim courts, may be continued only in state or federal courts of Germany. You irrevocably consent to the given jurisdiction of these mentioned courts.

4. The online dispute settlement platforms of the European Commission is available at https://ec.europa.eu/odr. We do not part in any dispute settlement procedure through consumer arbitration for members of the European Union or the European Economic Area.

For users within the EU and the EEA, only the provisions set out in Sections 16 and 17 apply. Arbitration, class action waivers, and jury trials do not apply.

16. Governing Law

Regarding members of the European Union, the European Economic Area or anywhere where our arbitration agreement is prohibited by law, the laws of Germany will apply to any disputes related to this agreement or our service. The choice of German law shall not supersede any mandatory consumer protection legislation.

17. Venue

Except for members of the European Union and the European Economic Area, as well as claims that may be brought to small claim courts of relevant jurisdiction, all claims arising out of this agreement, service or your relationship to songbattle not submitted to arbitration will be litigated exclusively in a state or federal court in the country of Germany. You and songbattle consent to the personal jurisdiction of courts in the country of Germany. You waive any claim that such a courts constitutes an inconvenient legal forum.

18. Indemnity

You hereby agree, to any extent permitted under applicable law, to indemnify, hold harmless and defend songbattle, its affiliates, their respective directors, employees, officers and agents from and against any complaints, claims, losses, costs, expenses, demands, liabilities and damages, including applicable attorney's fees due to, relating to or arising out of your access or use of the service, the content or any breach of this agreement.

19. Right of Withdrawal

Unless a statutory exclusion applies, 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 the contract was concluded.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g., via email). You may use the model withdrawal form below, but it is not mandatory:

"I/we hereby withdraw from the contract concluded by me/us for the provision of the following service(s), [], concluded on []. Name of the consumer [], address of the consumer []. Date []"

To meet the withdrawal deadline, it is sufficient that you send your notification of exercising the right of withdrawal before the withdrawal period has expired.

This cancellation notice applies exclusively to contracts between the user and songbattle.io, insofar as such contracts do not concern paid digital content. For paid digital content, virtual currencies, and other purchases processed via external payment service providers (in particular Xsolla), only the cancellation and refund policies of the respective payment service provider apply.

20. Other

This agreement, along with our privacy policy, cookie policy, arbitration procedures, safety tips and any terms disclosed and agreed to by you in the event that you purchase additional features, services or products offered through the service, contains the entire agreement between songbattle and you, relating to the use of the service and its related services. If any part of this agreement is held as invalid, the remaining part of this agreement is still considered valid in full effect. Failure of songbattle to enforce or exercise any right of this agreement does not constitute a waiver of any such right. You agree that your account on songbattle is non-transferable and that all your rights to your account and its content terminate upon the time of your death. No partnership, fiduciary, joint venture, agency or other employment or relationship is created as a result of the agreement. You may not, in any case, make any representations on behalf of or bind songbattle in any manner.