Terms of Service (ToS) for the Use of the Platform “masterball”

1. Scope of Application

These Terms of Service (ToS) apply to the use of the platform “masterball”, operated by Sebastian Kaier, Brombeerweg 8, 31582 Nienburg/Weser and Lucas Dietrich, Höftestr. 32, 48167 Münster, hereinafter referred to as “Operator” or “masterball HQ”.
They govern the contractual relationship between the Operator and both registered and non-registered users of the website masterball.app (hereinafter “Platform”).

Deviating terms and conditions of users shall not apply unless expressly approved in writing by the Operator.

2. Subject Matter of the Agreement

The platform masterball allows registered users to digitally record, manage, and present their personal Pokémon trading card collections. In addition, masterball provides (or will in the future provide) supplementary features, including:

• public user profiles with individual information and statistics,
• the ability to view other users’ collections,
• the ability to catch and train your own Pokémon team within your profile,
• an event section with information about local and digital Pokémon-related events,
• as well as additional features that enhance the collecting and community experience (e.g. deck building, favorite lists, filtering options, etc.).

The use of the platform is fundamentally free of charge. Certain additional features may in the future be offered as part of a paid subscription (“Premium Features”). There is no entitlement to their availability.

3. Contracting Parties and Registration

The contracting party is the Operator of the platform, as stated in Section 1.
Access to certain features requires registration. This is carried out via a so-called magic link process, in which an email address is provided and a unique login link is sent to that address.
No passwords are stored. The user agrees to provide accurate and complete information during registration and to update it in case of changes.

4. User Account and Use of the Platform

1. Use is permitted exclusively for private, non-commercial purposes.
2. Users may not post unlawful, offensive, discriminatory, defamatory, or copyright-infringing content.
3. The Operator reserves the right to delete content or suspend users if they violate legal provisions, moral standards, or these Terms of Service.
4. A user may delete their account at any time via the platform. Upon deletion, personal data will either be deleted or anonymized.

5. Scope of Services and Availability

The Operator strives to provide the platform without interruptions. However, continuous availability cannot be guaranteed. Maintenance work, further developments, or technical issues may cause temporary downtime.

The Operator reserves the right to modify or expand the platform’s functionality at any time.

6. Premium Features

1. Certain additional features may be offered in the future as part of a paid subscription.
2. These features are optional and not required to use the basic functions of the platform.
3. The specific features, prices, and durations will be announced separately at the time of introduction.
4. Paid subscriptions are subject to the Terms of Service valid at the time the contract is concluded.

7. User Content and Rights

1. Users may publish their own texts and, once available, optional profile or banner images in their profile.
2. By uploading or entering content, the user grants the Operator a simple, non-exclusive, geographically unrestricted right to use the content for display within the platform.
3. The user warrants that they hold all necessary rights to the uploaded content and that no third-party rights are violated.
4. The Operator assumes no liability for content provided by users.

8. Data Protection

The collection, processing, and use of personal data are carried out in accordance with the privacy policy of the platform, accessible via the link below.

9. Liability

1. The Operator is only liable for damages resulting from intentional or grossly negligent breaches of duty.
2. In cases of slight negligence, the Operator is only liable for breaches of essential contractual obligations (cardinal obligations) — and limited to foreseeable damages typical for this type of contract.
3. The Operator is not liable for data loss, unauthorized access by third parties, or damages caused by technical disruptions outside the Operator’s control.
4. Liability for third-party content or linked websites is excluded.

10. Changes to the Terms of Service

The Operator reserves the right to amend these Terms of Service if required by legal changes, technical developments, or extensions to the platform. Users will be informed of significant changes by email or through a notice on the platform.
If the user does not object to the new terms within 30 days of notification, the amended Terms of Service shall be deemed accepted.

11. Termination and End of Use

1. Users may delete their account at any time.
2. The Operator may terminate the user relationship with immediate effect for good cause, particularly in the event of legal violations, breaches of these Terms of Service, misuse of the platform, or repeated posting of prohibited content.
3. Upon termination, personal data will be deleted or anonymized in accordance with the Privacy Policy.

12. Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive the consumer of protection granted by mandatory provisions of the law of the state in which the consumer habitually resides.

13. Severability Clause

Should individual provisions of these Terms of Service be or become invalid, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by one that comes closest to the economic purpose of the invalid provision.