General Terms and Conditions of OT Distribution GmbH & Co KG for the use of our FFOSSO platform (last updated 4. September 2025)

Scope / General Terms
1. These Terms and Conditions (“Terms”) apply to the contracts concluded between you as the user (“User”) and us, OT Distribution GmbH & Co. KG, for the use of our FFOSSO platform consisting of a software application running on the User´s terminal device and content made available for download via cloud access (“Platform”).
2. These Terms apply equally to entrepreneurs (Section 14 BGB (German Civil Code)) and consumers (Section 13 BGB), unless it is expressly stipulated in these Terms that a provision only applies to entrepreneurial or consumer customers.
3. There are two ways to use the Platform: Within the framework of a paid account (“Fee-Based User”) or free of charge (“Free User”). Individual provisions of these Terms may only apply to certain kinds of Users if this is expressly indicated.
4. Our Terms apply exclusively. Deviating, conflicting or supplementary terms and conditions of the User are not binding for us unless we have expressly agreed to their application. This shall also apply if we do not expressly object to the application of the User’s terms and conditions or if we provide the service to the User without reservation.
5. References to the applicability of statutory provisions shall only have clarifying significance. Even without such clarification, the statutory provisions shall apply insofar as they are not directly amended or expressly excluded in these Terms.
Subject matter of the contract / scope of services
1. These Terms apply to the use of our Platform in accordance with the service description with regard to the
  1. use of the software application listed in the service description (also in plural “Application”) which must be installed on the User´s terminal device, and
  2. virtual instruments, Instrument patches, devices and device presets, pre-mapped sample sets, audio samples (“Content”) can be downloaded into the Application from our cloud and used in the Application.
2. The subject matter of the contract is the free or paid use of the Application and the Content for the duration of the contract. The available functions and/or Content of the Platform depend on the type of the selected contract and are determined in detail by the service description. For example, only a limited range of functions and/or Content are available to Free Users.
  1. We are entitled, but not obliged, to continuously develop the Application and to add and remove Content.
  2. The provision of support and update services does not form part of the contract concluded with the User under these Terms. Nevertheless, we are entitled to provide updates to the Application and the Content on a voluntary basis. We do not owe any installation of the Application and/or Content. Any statutory update obligations remain unaffected.
  3. Among other things, the User has the option of building and customizing virtual instruments in the Application. In particular, the virtual instruments can consist of Instrument patches, devices and device presets, pre-mapped sample sets, audio samples (individually and collectively “Virtual Instrument”).
User classification / Special permissions of certain Users
1. We may limit the type and scope of functions and content to which Free Users have access. If the user wishes to use our Platform to its full extent he can create a paid account and become a Fee-Based User.
2. When terminating a Fee-Based User account, the User can decide whether to continue as a Free User or to terminate the contract altogether (see 17.4).
Registration / User account
After download and installation of the Application on the Users device the User has to create a customer account to use the Platform. As a registered user, the User can log in to its customer account using its e-mail address and the password chosen when registering. Information on the processing of customer data can be found in our privacy information. There is no entitlement to the creation of a customer account.
Provision of the Application and Content
1. As of the conclusion of the contract, we shall make the Application and the Content available on a central data processing system or several data processing systems (also in plural “Server”) in the respective current version and the respective current scope of functions for download and use on the User´s terminal device in accordance with these Terms and the service description. The Application and content can be downloaded on the website www.ffosso.com
2. We are entitled to further develop our Platform (Application and Content) on an ongoing basis. The further development of the Platform can lead to an extension and/or modification of the Platform with the consequence that new functionalities are available, existing functionalities are optimized in the process and/or the user guidance or the data management is adapted to the state of the art. An obligation to modify, adapt or further develop the Platform shall only exist if such modification, adaptation or further development is necessary for the maintenance of the Platform according to the state of the art.
3. We are not responsible for the quality of the required hardware and software on the part of the User or for the telecommunication connection between the User and our Server.
Obligations and responsibilities of the User
1. The User shall fulfil all obligations required for the execution of contract. He shall in particular
  1. listen to Virtual Instruments and other Content in full at a low volume before playing them for the first time to avoid hearing damage due to any errors in the User’s hardware and/or software environment. In the event of changes to the User’s system environment, e.g. new hardware or software (in particular new operating systems, digital audio workstations), the User must repeat this process.
  2. take the necessary precautions to prevent the use of the Platform by unauthorised persons. In particular, the User shall take suitable protective measures (e.g. password strength, passwords on his computers, burglary protection) to ensure that no unauthorised third party can access the Platform. The User shall inform us immediately if there is any suspicion that the access data and/or passwords may have become known to unauthorised persons;
  3. create and maintain the necessary access, functional and system requirements as well as other requirements for the use of the Platform, in particular:
    – E-mail address;
    – Password;
    – Internet access and
    – terminal device (PC, laptop).
  4. ensure that (e.g. when transmitting third party information to the server) all laws and third party rights to information and/or data used by the User are respected (e.g. copyrights and related rights, design rights, trademark rights and personal rights). If third parties are entitled to rights, express written permission is required for the specific use, in particular when loading information / data to our Server and/or sharing the information / data with other users and granting the associated rights;
  5. obtain the required consent of the respective data subject in accordance with Section 16.2 of these Terms, insofar as he collects, processes or uses personal data when using the Platform and no statutory permission applies;
  6. where relevant, check data and information for viruses before sending them to us and use state-of-the-art virus protection programs;
  7. commit the person authorised to use the Platform to comply in turn with the provisions of the contract applicable to him;
  8. inform us immediately of any malfunctions and problems with the use of the Platform. In doing so, the problems that occur must be described as precisely as possible.
  9. to inform us immediately of any infringements of the rights of third parties with regard to its Virtual Instruments, in particular if these have been uploaded to the Server. If the User becomes aware of legal defects in the Platform (Application or Content) or if claims are asserted against the User due to the violation of legal regulations or due to the violation of third-party property rights or copyrights, the User must inform us of this immediately.
Technical availability of Downloads of Application and Content
1. We owe the following availability of the Application and the Content at the router exit of our Server. The parties understand availability to mean the technical possibility of downloading the Application and/or Content from our server. Our responsibility extends only to the router exit of our server.
2. The availability of the Application and Content is 97,5% on a monthly average (the respective calendar month is decisive).
3. In determining the availability or the availability ratio, such downtimes shall not be taken into account that
  1. we and our vicarious agents are not responsible for, in particular impairments based on failures and/or malfunctions of technical systems and/or network components outside our area of responsibility; in particular
    – failures caused by viruses and incoming IT attacks. This shall only apply insofar as we have taken the agreed, or in the absence of an agreement the usual, protective measures;
    – failures caused by specifications of a third party software manufacturer (e.g. installation of security patches);
    – maintenance work that becomes necessary unexpectedly, if this work was not caused by a breach of our obligations to provide the service (e.g. force majeure, in particular unforeseeable hardware failures, strikes, natural events);
    – Downtimes due to interruptions caused by the User (e.g. failure of the User to fulfill his obligations);
    – Downtimes due to software errors in the User’s software or due to errors in the system and system-related software triggered by the User’s applications or data;
  2. are only an insignificant reduction in the suitability for the contractual use;
  3. occur during scheduled maintenance work in accordance with the following paragraph 7.4.
4. Scheduled maintenance work shall take place during the following maintenance windows [Monday, 07:00 to Thursday, 09:00 CET (Central European Time)] and amounts to a maximum of 10 hours in a calendar month with a maximum interruption time of 2 hour in a row. The User will be informed at least one day in advance of upcoming maintenance work, insofar as this is likely to lead to an interruption time of more than 2 hour in a row.
5. The User is obliged to notify us immediately of any faults, availability restrictions or availability failures of the Content and the Application that are recognizable to him. In doing so, the problems occurring are to be described as precisely as possible. This shall not apply in the case of scheduled maintenance work pursuant to paragraph 7.4 above and in other cases in which the respective disruption, availability restriction or availability failure is already known to us at the time of occurrence.
Rights of use to the Application
1. The User is granted a simple, world-wide, non-sublicensable and non-transferable limited right to use the Application in connection with up to three end devices. The User may install the Application, load it into the working memory and use it as intended. The User is only entitled to reproduce and decompile the Software under the conditions of Sections 69d (3) and 69e UrhG (German Act on Copyright and Related Rights).
2. The rights of use are granted for the duration of the contract period but are subject to these Terms.
3. The Software is not physically transferred to the User.
4. The User may only use the Application for its own private or business activities by its own personnel. In particular, the User may not grant third parties access to the Application (e.g. by providing its access data).
5. The User is not entitled to any rights not expressly granted to the User according to the provisions above. In particular, the User has no right to rent out the Application, to reproduce it by wire or wireless means, to make it publicly accessible or to make it available to third parties in any other way. Third parties in this sense do not include employees in the User’s business operations. The User is also prohibited from editing, modifying, demonstrating and/or exploiting the Application.
6. The User is not entitled to remove or circumvent existing protection mechanisms of the Software against unauthorized use. Section 95a UrhG (German Act on Copyright and Related Rights) remains unaffected.
7. If we make available new versions, updates, upgrades or other new deliveries with regard to the Application during the contractual term, the above rights shall also apply to these.
8. The Application contains components that are licensed under so-called open source licences. In addition to this terms, the respective licence terms of the rights holders apply to these components. If an open source licence provides for rights and/or obligations that differ from these terms and conditions, the terms and conditions of the respective open source licence shall take precedence over the licensee.
Rights of use to the Content
1. During the term of the Agreement, we grant the user a simple, spatially unlimited, but non-exclusive right to use the content available under the respective contract (free or fee-based). Unless otherwise specified, the content may only be used with the current FFOSSO application.
2. The User is entitled to listen to the available Content and to use it for the composition of music and audio productions and to license the results of its work to third parties within the scope of these GTC. Under no circumstances shall the customer have the right to resell, rent or otherwise sublicense the Content or parts thereof, unless they are work results within the meaning of the preceding sentence, to reproduce them publicly by wire or wireless means or to make them available to third parties for a fee or free of charge, e.g. by way of application service providing or as “software as a service” or to use them for the training of artificial intelligence (cf. Section 10). In particular, the use of the Content or parts thereof for the creation of a sound library, a virtual instrument, for any type of synthesizer, a sample library, sample-based products or other musical instruments is prohibited. Individual samples, sound sets or audio loops may not be distributed, except in the context of work results. Furthermore, these samples, sound sets or audio content may not be repackaged in whole or in part as audio samples, sound libraries or sound effects.
3. Copyright notices, serial numbers and other features used for product identification may not be altered or removed from the products.
Reservation of use in relation to text and data mining and the training of artificial intelligence
The use of reproductions of the Application and/or the Contenct protected by copyright or related rights for text and data mining and the training of artificial intelligence is hereby reserved and is not permitted without our consent. This applies in particular to the use of the Application, our Content and parts thereof.
User Help Area
Our User Help Area is available here.
Data backup by the User and our liability for the loss of data
1. The User shall, if and to the extent that he is given the technical opportunity to do so, regularly back up the data stored on the Server by downloading it.
2. The User shall store his data backups in such a way that it is possible to restore the backed-up data at any time.
3. We shall not be liable for the loss of data insofar as the damage is due to the fact that the User, contrary to his obligation under Sections 12.1 and 12.2, has failed to carry out data backups and thereby ensure that lost data can be restored with reasonable effort.
4. Sections 14 and 155 shall remain unaffected.
Liability for infringement of third party rights
1. The parties shall notify each other in text form immediately if claims are asserted against them in connection with the use of the Platform, Application or Content.
2. We shall not be liable for any infringement of third party rights by the User if and to the extent that such infringement results from a transgression of the rights of use granted under the contract. In this case, the User shall indemnify us against all claims of third parties.
Liability and Limitation vis-à-vis Free Users
1. This clause applies if the event giving rise to liability occurs during a period when the User is a Free User.
2. Our liability is governed by §§ 599, 600 BGB (German Civil Code) and limited to intent, gross negligence and fraudulent concealment of a defect. Any liability in the event of the grant of a guarantee or in accordance with the provisions of the Produkthaftungsgesetz (German Product Liability Act) shall remain unaffected by this.
3. If the regular limitation period applies to claims arising from the contract, it shall be two years. The beginning of the limitation period as well as the maximum limitation periods shall be governed by § 199 BGB (German Civil Code).
4. In the event of intent, gross negligence, injury to life, limb or health and claims under the Produkthaftungsgesetz (German Product Liability Act), the statutory limitation period shall apply.
5. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our legal representatives, employees and vicarious agents.
Liability and Limitation vis-à-vis Fee-based Users
1. This clause applies if the event giving rise to liability occurs during a period when the User is a Fee-Based User.
2. Within the scope of the provision of our services vis-à-vis Fee-Based Users, we shall be liable – irrespective of the legal grounds – for damages or reimbursement of futile expenses in accordance with the provisions set out in a., b. and Section 15.3 below:a. In the event of intent or gross negligence, we shall be liable without limitation. In the case of simple negligence, we shall only be liable for damages arising from the breach of a material contractual obligation (obligation whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the Fee-Based User regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the foreseeable damage typical for the contract.b. The exclusions and limitations of liability resulting from clause a. shall not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the item, for damage resulting from injury to life, limb or health, or in the event of liability under the Produkthaftungsgesetz (German Product Liability Act).
3. For initial defects that were already present at the time of conclusion of the contract (see § 536a (1) BGB (German Civil Code), we are liable only if we are responsible for these defects.
4. If the regular limitation period applies to claims arising from the contract, it shall be two years. The beginning of the limitation period as well as the maximum limitation periods shall be governed by § 199 BGB (German Civil Code).
5. In the event of intent, gross negligence, injury to life, limb or health and claims under the Produkthaftungsgesetz (German Product Liability Act), the statutory limitation period shall apply.
6. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our legal representatives, employees and vicarious agents.
Data security, data protection
1. The Parties shall comply with the applicable data protection provisions, in particular those applicable in Germany.
2. If the User processes personal data, he has to be authorized to do so in accordance with the applicable provisions, in particular those relating to data protection law, and indemnifies us against claims by third parties in the event of a breach.
Term of contract, Termination
1. The contract runs for an indefinite period for Free Users.
2. For Fee-Based Users, the contract term is either one month or one year, depending on the subscription selected. The respective contract term is extended by the same period if it is not terminated before the end of the contract term. The time zone in Germany (CET) is decisive for the timeliness of a termination.
3. The contract may be terminated by either party in writing, in text form or in electronic form at any time, with termination taking effect at the end of the billing month or billing year – depending on the selected period – (Fee-based User) or contract month (Free User).
4. In the case of the termination of a Fee-based User account, the User has the option to continue the contract as a Free User with a limited range of functions and/or Content or to terminate it altogether.
5. Upon termination of a Fee-based User account, content that is only accessible within the scope of the Fee-based account can no longer be used. Compositions with corresponding content can still be listened to but can no longer be modified. In the event of termination of the entire contract, all Application Data will be irrevocably deleted at the end of the contract term and the User will no longer have access to the Platform, the Application and Content.
6. The right to extraordinary termination remains unaffected.
Restriction, suspension and termination of the customer account / Complaints management
1. We may at any time, by means of a legal declaration vis-à-vis the customer, restrict, suspend or terminate access to its customer account in whole or in part with a notice period of 45 days if despite a warning the customer repeatedly or seriously violates its obligations under the law and/or these Terms, in particular with regard to its obligations under Section 6 and 10.
2. We may also, at our reasonable discretion, terminate the customer account for business reasons. In these cases, a notice period is governed by Section 17.3.
3. The parties also have the right to terminate the agreement on the customer account without notice for good cause. Good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties. Such good cause shall be deemed to exist in particular if
  – the other party has committed a material breach of one of its obligations under these Terms and the relationship of trust has been irretrievably damaged, and/or
  – the other party has committed a material breach of any of its obligations under these Terms and such breach is not remedied or cured within 14 days of notice of the breach by the other party, and/or
  – a party repeatedly and not insignificantly breaches its contractual or statutory obligations, and/or
  – legal or official obligations require immediate termination, and/or
  – a significant deterioration in the financial circumstances of the other party occurs or becomes apparent after conclusion of the contract which is likely to jeopardize the fulfillment of the obligations towards the terminating party and no appropriate security is provided even after a deadline has been set; and/or
  – a party is in arrears with its payment obligations which exceed an amount of € 5,000.00.
4. In cases of restriction, suspension and termination of the customer account, we offer our customers a free internal complaints management procedure for processing complaints. Complaints should be addressed to our customer support team, which can be contacted at support@orchestral-tools.com.
Obstacles to performance
1. Serious, unforeseeable events that are unavoidable even with the utmost care, such as in particular
2. force majeure;
3. labour disputes not culpably brought about, riots, armed or terrorist conflicts, mutiny, blockade, embargo, epidemics/pandemics;
4. fire/explosion/flood for which the party is not responsible; or
5. technical problems of the Internet which cannot be influenced by either party; this does not apply if and to the extent that we also offer the telecommunications service,which make the performance of the service impossible (in whole or in part, permanently or temporarily) shall release the contracting parties from their performance obligations for the duration of the disruption and to the extent of its effect. This shall also apply insofar as any of our vicarious agents are affected by serious events and we are unable to perform our service in whole or in part for this reason. An automatic termination of the contract is not associated with the occurrence of a serious event.
6. Each party shall immediately notify the other of the occurrence and cessation of a serious event as defined in Section 19.1.
Subcontractors
We are entitled to use third parties as subcontractors in the performance of our services.
Remuneration and payment modalities
1. The monthly or yearly remuneration to be paid by the Fee-Based User for our services results from his order as well as our service description.
2. The statutory value added tax is not included in the price. It shall be shown separately in the invoice at the statutory rate applicable on the date of invoicing.
3. Invoices are issued directly from conclusion of the contract and each following month or year depending on the subscription selected.
4. Invoices are to be paid within 8 calendar days from the date of invoice. In the case of payments by credit card, paypal or SEPA direct debit, payment is made immediately upon invoicing.
5. The customer shall be in default upon expiry of the payment deadline. During the period of default, interest shall be charged on the purchase price at the applicable statutory default interest rate. We reserve the right to claim further damages caused by default. Our claim to commercial maturity interest (Sections 352, 353 HGB (German Commercial Code)) against merchants remains unaffected.
6. In the event of default of payment of an entrepreneur customer, we shall also be entitled to a lump sum of € 40. The lump sum shall be set off against any damages owed insofar as the damage is due to the costs of legal action.
7. If the customer is entitled to pay in a foreign currency with our consent, the exchange rate of the respective foreign currency on the day of receipt of payment by us shall apply for the conversion into euros.
8. The customer shall only be entitled to set-off and retention rights to the extent that its claim is recognized by us, undisputed, legally established or the customer is entitled to warranty rights.
9. We do not charge any fee for the contract period(s) during which the User is only a Free User
Consumer arbitration
We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
Place of fulfillment / Jurisdiction / Applicable law
1. The place of performance for the services is our registered office in March, Germany.
2. For Users who are not consumers or do not have a general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all disputes between us and the User is Freiburg im Breisgau, Germany.
3. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to a consumer insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer is domiciled or habitually resident.