General Terms and Conditions (GTC)
Game Ban Appeal UG (haftungsbeschränkt), Mittelstraße 11, 40789 Monheim am Rhein, Germany; registered office Monheim am Rhein; Local Court of Düsseldorf, HRB 114627; managing director Leonid Shmatenko; [email protected] (the "Provider").
§ 1 Scope
(1) These General Terms and Conditions (GTC) apply to all contracts concluded via gamebanappeal.com between the Provider and its customers ("User"), whether the User is a consumer (§ 13 BGB) or an entrepreneur (§ 14 BGB).
(2) Conflicting or deviating terms of the User do not apply unless the Provider has agreed to them in text form (§ 126b BGB).
(3) The version of these GTC valid when the User places the order applies. Individual agreements take precedence over these GTC.
§ 2 Formation of contract
(1) The presentation of the services on the website is not a binding offer.
(2) By completing the intake form and clicking the order button, which states that the order is subject to payment, the User submits a binding offer to conclude a contract.
(3) The contract is concluded when the Provider accepts the offer, either by an order confirmation by e-mail or by starting the generation of the document, whichever occurs first. Payments are processed by the payment service provider Stripe.
(4) The Provider may reject an offer without giving reasons, in particular where a request is abusive or lies outside the service. Payments already received are then refunded without undue delay.
(5) The contract languages are English and German. The User receives the order details by e-mail; these GTC can be saved or printed at any time at gamebanappeal.com/terms-conditions.
§ 3 Subject matter: software service, no legal advice
(1) The Provider operates a software platform that generates appeal letters, requests under the GDPR or the Digital Services Act and related documents from the information the User enters (document generation). The Provider provides this as a digital service: each document is written for the individual case and provided, revised and followed up through the case portal.
(2) Documents are created by an automated, rule-based and AI-assisted process from text modules, the published terms of the respective platform and the User's information. Before release, a person checks each document editorially for completeness, consistency and form. This check is not an examination of the User's individual legal situation.
(3) The Provider does not provide legal services within the meaning of § 2 of the German Legal Services Act (RDG) and does not give individual legal advice. The User decides whether, when and in what form to use a document and submits it to the platform personally.
(4) Individual legal advice or representation, in particular in court or arbitration proceedings or towards supervisory authorities, is provided only by an admitted attorney under a separate mandate concluded directly between the User and that attorney, on separate terms and fees. Such a mandate is not part of the contract with the Provider.
(5) The Provider owes the generation and provision of the document as agreed, not a particular outcome. Decisions on accounts, bans, restrictions and requests are taken solely by the respective platform, publisher or authority. The Provider does not guarantee that a ban will be lifted or shortened, that the addressee will respond, or that it will respond within any particular time. Processing times shown on the website are estimates.
§ 4 Obligations of the User
(1) The User shall provide the information requested in the intake form truthfully and completely, in particular the facts of the ban, previous appeals and any use of third-party software.
(2) The User confirms that they are entitled to act for the affected account and that submitting the document does not infringe third-party rights or platform rules.
(3) The Provider generates the document from the User's information and does not verify its accuracy.
(4) Content uploaded by the User must not infringe third-party rights or contain malware. Where the User is responsible for such an infringement, the User shall indemnify the Provider against resulting third-party claims, including reasonable costs of legal defence.
(5) The services must not be used for unlawful or fraudulent purposes, in particular to evade lawful sanctions. In such cases the Provider may terminate the contract for cause.
§ 5 Prices and payment
(1) The prices shown are final prices in euros. They include value added tax at the rate that applies in the country where the consumer is resident. For business customers established in another EU member state who provide a valid VAT identification number, the reverse-charge procedure applies.
(2) Payment is due in advance through the payment methods offered. The Provider starts performance after receipt of payment.
(3) Entrepreneurs may set off only counterclaims that are undisputed or have been finally established by a court.
(4) If the User reverses a payment without justification (chargeback), the User shall reimburse the fees charged to the Provider for the reversal, unless the User is not responsible for it.
§ 6 Right of withdrawal
(1) Entrepreneurs have no right of withdrawal.
(2) Consumers have a statutory right of withdrawal as set out in the withdrawal information in Annex 1.
(3) The Provider starts generating the document immediately after payment. The right of withdrawal lapses once the Provider has fully performed the service, that is when the appeal document has been released in the case portal, provided the consumer has expressly agreed before performance began that the Provider starts before the withdrawal period expires and has confirmed knowing that the right lapses upon full performance (§ 356(5) BGB). If the consumer withdraws earlier, they pay a proportionate amount for the service provided until the withdrawal (§ 357a(2) BGB). Follow-up services called up later are performed, and the right for them lapses, when they have been provided.
§ 7 Liability
(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, for fraudulently concealed defects and under any guarantee it has given.
(2) In cases of slight negligence the Provider is liable only for the breach of essential contractual obligations, whose fulfilment makes proper performance of the contract possible and on which the User may regularly rely; liability is then limited to the foreseeable damage typical for this type of contract.
(3) Any further liability is excluded. In particular, the Provider is not liable for decisions, delays or omissions of platforms, publishers or authorities.
(4) These limitations also apply in favour of the Provider's legal representatives, employees and vicarious agents.
(5) Towards entrepreneurs, claims for damages based on slight negligence become time-barred twelve months after the statutory limitation period begins.
(6) The statutory rights of consumers for digital products (§§ 327 et seq. BGB) remain unaffected.
§ 8 Confidentiality and use of data
(1) The Provider treats the User's information confidentially and processes personal data in accordance with its privacy policy.
(2) The Provider may use anonymised data, such as statistics and outcomes, for quality assurance, for developing its software including AI models, and for aggregated publications that do not identify anyone.
(3) Approved documents may be used internally as references for later documents once names, contact details and account identifiers have been removed.
§ 9 Term and termination
(1) A one-off contract ends when the agreed document and the services included in the package have been provided.
(2) Subscriptions, where offered, run month to month and may be cancelled at any time with effect from the end of the current billing month, through the cancellation function in the case portal or by e-mail.
(3) The right of either party to terminate for cause remains unaffected. Cause for the Provider exists in particular in the case of a breach of § 4(5) or an unjustified chargeback.
§ 10 Final provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers whose habitual residence is outside Germany, the protection of the mandatory law of their country of residence remains unaffected.
(2) If the User is a merchant, a legal entity under public law or a special fund under public law, all disputes arising out of or in connection with the contract or its validity shall be finally settled in accordance with the Arbitration Rules of the German Arbitration Institute (DIS) without recourse to the ordinary courts of law. The arbitral tribunal consists of a sole arbitrator, the seat of the arbitration is Düsseldorf, and the language of the arbitration is English.
(3) The Provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
(4) Should individual provisions be invalid, the remaining provisions stay effective; § 306 BGB applies.
Annex 1 – Withdrawal information for consumers
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Game Ban Appeal UG (haftungsbeschränkt), Mittelstraße 11, 40789 Monheim am Rhein, Germany, [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail), or use the withdrawal function on our website. You may use the model withdrawal form in Annex 2, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Early lapse of the right of withdrawal
Your right of withdrawal lapses once we have fully performed the service, that is when your appeal document has been released in your case portal, provided that before we started you expressly agreed that we begin before the end of the withdrawal period and confirmed that you know your right of withdrawal lapses upon full performance.
Business customers have no right of withdrawal.
End of the withdrawal information
Annex 2 – Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To Game Ban Appeal UG (haftungsbeschränkt), Mittelstraße 11, 40789 Monheim am Rhein, Germany, [email protected]:
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*)
- Ordered on (*) / received on (*)
- Case number
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
(*) Delete as appropriate.