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Terms and Conditions

General Terms and Conditions of QaamGo Web GmbH
Fritz-Reichle-Ring 2, 78315 Radolfzell, Germany
(Hereinafter referred to as “Provider”)

Please note, these Terms and Conditions were first issued in German, and the following is a translation from German into English.

Preamble

The Provider offers an infrastructure on Ballmod.com to facilitate the User’s ability to convert files from one format to another using file conversion programs, as well as to edit and manipulate those files on Internet servers.

§ 1 General and Application

  1. These Terms and Conditions apply to every business relationship between the Provider and the User as a Customer.
  2. A Consumer, in terms of these Terms and Conditions, is any natural person who enters into a legal transaction for a purpose outside their trade, business, or profession. An Entrepreneur refers to a natural or legal person or a partnership with legal personality acting in the exercise of their trade, business, or profession when entering into a legal transaction. Customers, for the purposes of these Terms and Conditions, include both Consumers and Entrepreneurs.
  3. Individual contract agreements take precedence over these Terms and Conditions. Diverging, conflicting, or supplementary terms and conditions do not become part of the contract unless their validity is expressly agreed upon.

§ 2 Service Description and Prices

  1. The Provider offers an infrastructure on Ballmod.com that facilitates file conversion and editing services via Internet servers. The services allow downloading and uploading files in various formats, converting files between formats, and manipulating files using Software as a Service (SaaS) mechanisms.

    Users can convert files from one format to another, edit files, and then download them via a unique, non-guessable link. The specific services available depend on the service level selected: “Free”, “Registered Free”, “Billed Monthly”, and “Billed Annually”. The Provider may establish general practices and limits concerning the use of these services.

  2. The Provider offers both free and paid services on Ballmod.com. Paid services are accessible through a premium account, which provides advanced features.
  3. The Provider provides memory space within the limits of its technical capabilities and reserves the right to delete files or refuse uploads if storage capacity is insufficient. The Provider may also change or discontinue any services at any time and is not responsible for any data loss during service provision.
  4. The specific scope of services depends on the detailed descriptions offered by the Provider, which form an essential part of these Terms and Conditions.

§ 3 Customer Identification

  1. Free services can be used without registration. However, to access paid services, Customers must register with a username (email address) and password. By completing the registration and accepting these Terms and Conditions, the Customer makes a binding offer to use the services.

    If using paid services, the Customer must provide accurate and complete payment details and keep this information updated. Registration is completed once the Customer confirms it via email.

  2. If the Customer becomes aware of any misuse of their account, they must inform the Provider immediately. The Provider may block access in cases of misuse.

§ 4 Terms and Termination

The use of the Provider’s services is not tied to a specific period unless otherwise stated in the description of paid services. Paid services may be subject to specific contract periods, which are detailed in the service descriptions. The Provider retains the right to terminate contracts for important reasons, especially if the Customer violates section 6(2) of these Terms and Conditions.

§ 5 Right of Withdrawal for EU Consumers

  • Withdrawal Instructions for EU Consumers –

You have the right to withdraw from your contract within 14 days without providing any reason. The withdrawal period begins upon receipt of these instructions in written form, but not before the conclusion of the contract or before the Provider has fulfilled its information duties as per German law. To exercise your right, you must send your withdrawal to:

QaamGo Web GmbH
Fritz-Reichle-Ring 2
78315 Radolfzell
Fax: +49 7732 9391657
E-Mail: time2talk@Ballmod.com

  • Consequences of Withdrawal –

If you withdraw from the contract, both parties must return the benefits received. You may need to compensate for any degraded condition of the returned benefits. Refunds will be processed within 30 days after receipt of your withdrawal notice.

Your right to withdrawal expires if the contract is fully performed by both parties at your explicit request before you exercise your right to withdrawal.

  • End of Withdrawal Instructions for Consumers –

§ 6 General Duties of the Customer

  1. The Customer is responsible for ensuring the technical requirements to use the Provider’s services, such as hardware, software, and internet connection. The Customer must also secure their system with regular data backups and up-to-date antivirus software. The Provider is not liable for damages that could have been prevented by such measures.
  2. The Customer must comply with German law and these Terms and Conditions when using the services. This includes providing truthful information during registration, not using the services for illegal purposes, and not violating third-party rights.
  3. The Customer may not store or offer illegal content, including but not limited to copyrighted material, pornographic content, propaganda, weapons, and other prohibited items.
  4. The Customer is solely responsible for the content and accuracy of the data they upload.
  5. The Customer may not use automated scripts to edit or convert files.

§ 7 Blocking of Access

  1. The Provider reserves the right to revoke access to its services or reject a Customer’s registration if they misuse the services or violate these Terms and Conditions. The Customer will be notified by email.
  2. If the Customer breaches these Terms and Conditions, the Provider may temporarily block access to its services. The Customer will be notified by email.

§ 8 Infringing Content Policy

  1. Users may report violations of intellectual property rights by providing detailed information, including identification of the infringed work, contact details, and a statement of good faith belief that the use is unauthorized.
  2. If desired under U.S. law, the complaint should include a statement under penalty of perjury and an electronic or physical signature.

§ 9 Payment Terms

  1. Payment for chargeable services may be made via pre-cash/bank transfer, credit card, or PayPal. The Provider reserves the right to limit payment methods. Payment terms are detailed in the service descriptions.
  2. Payment is due within fourteen days of receiving the contract dates by email. Interest may be charged for late payments.

§ 10 Exemption

The Customer indemnifies the Provider and its employees from all claims by third parties arising from the Customer’s use of the services. This includes legal costs unless the Customer is not responsible for the infringement.

§ 11 Warranty

  1. The Provider guarantees an average server availability of 98% per month or 99% per year, excluding events beyond the Provider’s control.
  2. The Provider will correct service defects when possible but is not responsible for defects caused by the Customer.
  3. The Provider is not responsible for the content posted by Customers or for verifying the accuracy or legality of such content.

§ 12 Liability

  1. The Provider is not liable for server availability or interruptions caused by events beyond its control. This includes but is not limited to force majeure, labor disputes, and failures of third-party communication networks.
  2. The Provider’s liability is limited to foreseeable, contractual, and immediate damages, except in cases of intent, gross negligence, or injury to life, body, or health.
  3. The Provider is not liable for data loss if the Customer fails to back up their data.
  4. The Provider is only liable for content on Ballmod.com and is not responsible for external content accessed via links.

§ 13 Rights of the Provider

All copyrights, trademark rights, or other intellectual property rights related to Ballmod.com and its content belong exclusively to the Provider. Customer rights to their own content remain unaffected.

§ 14 Privacy Policy

  1. The Provider collects, stores, and processes Customer data in compliance with data protection laws to fulfill the contract.
  2. Personal data collected during registration and service use are treated confidentially and are only shared when legally permitted or with Customer consent.
  3. The Provider will provide information about stored Customer data upon request and will not share data with third parties without consent, except when required by law.
  4. Personal data and other information related to service use will be stored for the duration of the contract.
  5. The Provider may share anonymous user data with third parties for demographic purposes.

§ 15 Changes to the General Terms and Conditions

  1. The Provider reserves the right to change these Terms and Conditions with two weeks’ notice. Changes will be announced on Ballmod.com with the effective date.
  2. If the Customer does not object to the changes within two weeks or continues using the services, the changes are considered accepted. In case of objection, the contract remains unchanged, but the Provider may terminate the contract.

§ 16 Applicable Law and Jurisdiction

  1. This agreement is governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods does not apply.
  2. If the Customer is a merchant, legal entity, or has no general jurisdiction in Germany, the jurisdiction is the court where the Provider’s business is located.

§ 17 Final Clause

If any provisions of these Terms and Conditions are found to be partially or totally invalid, the validity of the remaining provisions will not be affected.