Terms of Service

These Terms of Service (“Terms”, “Agreement”) govern your use of the Bitrate application (the “Service”) operated by Tim von Werne (“Bitrate”, “we”, “our”, or “us”), located at Raumerstr. 18, 10437 Berlin, Germany. By downloading, accessing, or using the Service you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Description of Service

Bitrate is an audiobook player that allows users to connect to third-party cloud storage providers (such as OneDrive or Google Drive), select directories containing their audiobook collections, and sync these files for playback within the app.

Bitrate does not provide, sell, or host any content. All content displayed in the app is provided by the user through connected third-party services. Files remain on the user’s device or, if iCloud synchronization is enabled, are stored and transmitted solely by Apple to enable cross-device use.

2. Subscriptions & Payments

• The Service is offered on a subscription basis with monthly and yearly options. Payments and subscription management are handled exclusively through the Apple App Store.
• Subscriptions automatically renew unless cancelled in accordance with App Store terms.
• All payments are final. Refunds, if any, are provided solely by Apple under its policies.
• You are responsible for any applicable taxes, fees, and currency conversion costs.

3. User Responsibilities

• You are solely responsible for the content you access through the Service.
• Only DRM-free content may be added and played.
• You must ensure that your use of cloud providers and connected accounts complies with their respective terms of service.
• You may not use the Service for illegal purposes, including but not limited to storing, distributing, or playing content in violation of copyright or other applicable laws.

4. No Accounts

Bitrate does not provide or require the creation of a user account. Subscriptions and authentication are managed solely through the App Store and third-party cloud providers.

5. Intellectual Property

The Service, including all software, code, design, and related materials, is the property of Tim von Werne and is protected under copyright and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service. The Bitrate name and logo may not be used without our prior written consent.

6. Disclaimer of Warranties

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

We do not guarantee that the Service will be error-free, secure, or compatible with all devices and cloud services.

7. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or device damage, arising out of or relating to your use of the Service.

Our total liability under these Terms shall be limited to the amount you have paid for the Service in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability for death, personal injury, or fraud.

8. Termination

You may stop using the Service at any time by cancelling your subscription via the App Store.

We may suspend or terminate your access if you misuse the Service, violate these Terms, or cause harm to the Service or other users. Upon termination, your right to use the Service will immediately cease.

9. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles.

If you are a consumer resident in the EU, you may also benefit from mandatory provisions of consumer protection law in your country of residence.

Exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be Berlin, Germany, provided you are not a consumer.

10. Changes

We may update these Terms from time to time. If we make material changes, we will notify you within the app or by other appropriate means. Continued use of the Service after changes become effective constitutes acceptance of the new Terms.

11. Contact

For questions about these Terms, please contact us:
Tim von Werne
Raumerstr. 18
10437 Berlin
Germany
Email: support@bitrateapp.com