Terms of Service

Terms of Service

JustBallpark is operated by Ralf Allroggen ("JustBallpark", "we", "us").

I. General Provisions (Global)

1. License and Use

License Principle: The software is licensed, not sold. Permitted Use: Exclusively for personal use on devices owned and controlled by you. Device Definition For licensing purposes, a "device" is defined by the operating system–level hardware and system identifier (e.g., Windows Device ID) used during activation. License Model: One device, one license per device. Use by only one person at a time is permitted. Restrictions: Only direct use via keyboard, mouse, or touch input is permitted. Installation on servers, use via networks by other devices, or commercial hosting is prohibited. Reverse Engineering and Copying The Software may not be copied, modified, translated, reverse engineered, decompiled, disassembled, or otherwise analyzed, except to the extent expressly permitted by applicable mandatory law. Any use beyond the granted license, including commercial exploitation, redistribution, or making the Software available to third parties, is prohibited. Remote Access: Permitted solely for technical support purposes.

2. Subscription and Activation

Subscription Term: The right of use applies only for the duration of the subscription term. After expiration, most functions will no longer be usable. Renewal is possible. Activation: Activation binds the software to a specific device. Circumvention is prohibited. Connectivity: Automatic license verification occurs when an internet connection is available. Any internet costs incurred are borne by the user. Re-activation may be required after hardware or software changes.

3. Purpose and Scope of Services

Purpose: Recording and statistical analysis of baseball games. Data Structure: Content is divided into user content (player, league, and team data) and usage data. User Roles: Administrator: Account-bound, fully responsible. Represents an organization/tenant and may create users for data entry. User: Responsible for entering leagues, teams, games, and statistics. Single-Seat License: Single-user license with a local database.

4. User Obligations and Content

Legality: The user guarantees the legality, accuracy, and proper rights clearance (e.g., player photos) of all content and indemnifies the provider against third-party claims. Data Protection (Role Allocation): The provider acts solely as an infrastructure service provider (cloud storage). The user retains full control and legal responsibility. Youth Protection: Content involving children under 13 years of age (U.S.) or under 16 years of age (EU) is permitted only with parental consent. Upon revocation, such content must be removed immediately. Prohibited Actions: Reverse engineering, scraping, automated access, commercial use without permission, malware, and sharing of access credentials will result in account suspension. Technical Requirements (4.6): Users are solely responsible for providing a functional internet connection and suitable end devices that meet the system requirements of the software. All associated costs (e.g., provider fees) are borne by the user.

II. U.S. Module (U.S. Specific Terms)

1. Disclaimer (AS IS)

No Warranties: Services and content are provided "as is." No warranties are given regarding availability, error-free operation, or fitness for a particular purpose. Indemnification: The user guarantees rights to all uploaded data and indemnifies the provider against third-party claims. AI Analysis: AI analysis is performed using OpenRouter. No real names are transmitted. Personal identifiers are designed to be replaced by system-internal IDs before transmission to AI interfaces as part of the standard processing flow. Waiver: Users waive rights arising from unknown or future claims, including those under California Civil Code §1542.

2. Data and Third-Party Services

No Backup Service: The service is not a backup service. The user bears the risk of data loss. Third Parties: Links or tools (e.g., OpenRouter) are provided for convenience only. No liability is assumed for their content.

III. EU & Germany Module (EU Specific Terms)

1. Infrastructure and Data Location

All data is stored on servers located in the United States. This is a fixed system requirement and an agreed characteristic of the software. To provide the latest computing features and scalability, a high-performance U.S.-based infrastructure is used. All data is stored on servers in the United States.

2. Liability (BGB-Compliant)

Unlimited Liability: In cases of intent, gross negligence, or injury to life, body, or health. Simple Negligence: Liability exists only for breach of a cardinal obligation and is limited to the typical, foreseeable damage. Mathematical Accuracy: No guarantee is given for absolute mathematical correctness. Final verification is the responsibility of the user. All results are generated using non-standardized processing routines and proprietary statistical methods. This information is provided "as is", without any warranties, and may contain inaccuracies. Final verification is the sole responsibility of the user. Use at your own risk.

3. AI Anonymization

AI usage follows the principle of privacy by design, whereby personal identifiers are designed to be replaced by system-internal IDs as part of the standard processing flow.

IV. Final Provisions

1. Governing Law and Jurisdiction

The laws of the Federal Republic of Germany apply exclusively to users residing in the EU or other jurisdictions outside the United States. For users residing in the United States, the substantive law of the State of Delaware applies. In all cases, exclusive place of jurisdiction shall be the courts of Germany. The application of conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

2. Removal of Content

JUSTBALLPARK is entitled to remove content at any time at its sole discretion, particularly in cases of violations of these Terms or applicable law.

3. User Content

The user remains solely responsible for all content and grants JUSTBALLPARK the rights necessary to store and process such content for contract performance.

4. Prices and Payment

Payment Processing: Payment processing is handled by external authorized resellers or payment service providers. Their respective terms and conditions apply to the transaction.

5. Term, Termination, and Discontinuation

Termination by User: Termination by User: Possible at any time. To cancel a subscription, the user should use the management tools provided by the respective payment service provider (e.g., via the link in the order confirmation email or the provider's customer portal). No refunds of fees already paid (e.g., annual fees) will be granted. The service remains usable until the end of the paid term. JUSTBALLPARK Termination: JUSTBALLPARK may terminate with 30 days' notice effective at the end of the respective term. Discontinuation of Service: JUSTBALLPARK may discontinue the service for economic or strategic reasons. Users will generally be informed 30 days in advance. Services will continue until the end of the already paid term, after which the contract ends automatically.

6. Amendments to the Terms

Changes will be communicated to users within the software or by email. The new terms apply from the next subscription renewal. If the user objects or does not consent, the contract will not be renewed and will terminate automatically at the end of the paid term. No pro-rata refund entitlement exists.

6a. General-Purpose Software & Data Responsibility

The Software functions as a general-purpose data processing tool. All decisions regarding the lawfulness, content, and use of personal data entered into the Software are made exclusively by the User or Administrator The Provider does not verify, monitor, or document user consents and has no practical ability to assess the legal status of User Content.

7. Support

support is provided solely on a voluntary, best-effort basis via email. There is no entitlement to specific availability or response times. Regarding User Content (as defined in Section I.3.2), the Administrator acts as the primary contact and legal controller. Requests to modify, access, or delete such content are to be directed to the respective Administrator. JUSTBALLPARK will only intervene if required by mandatory law or if the technical infrastructure itself is malfunctioning. As a technical infrastructure provider, JUSTBALLPARK does not have the technical means or legal authority to independently modify User Content managed by the Administrator.

8. Right of Withdrawal and Early Expiry

Consumers have a 14-day right of withdrawal. This right expires early once the user activates the software (entry of the license key and confirmation of activation). By activating the software, the user expressly requests the commencement of service performance and acknowledges the loss of the right of withdrawal.
Declaration: "I expressly agree to the execution of the contract before the expiration of the withdrawal period. I acknowledge that my right of withdrawal expires upon commencement of contract performance (activation)."

9. Trial and Demo Licenses

Purpose: JUSTBALLPARK may provide the user with a time-limited version of the software free of charge for testing purposes ("Trial" or "Demo"). Restrictions: These versions are intended solely to evaluate the suitability of the software. Functionality may be technically limited compared to the full version (e.g., limited number of games, no statistics export, watermarks). Term: The trial period ends automatically upon expiration of the specified time or upon reaching usage limits. No right to permanent use or support exists. Data Deletion: After the trial period expires, the software is no longer usable. JUSTBALLPARK is not obligated to retain data entered during the trial unless a full license is purchased.

10. U.S.-Specific Additional Clauses

U.S. Limitation of Liability: In no event shall JUSTBALLPARK be liable for any indirect, incidental, special, or consequential damages (including loss of profits, data, or use). To the maximum extent permitted by law, JUSTBALLPARK's total liability for any claims arising out of these Terms shall not exceed the amount paid by you for the software license during the 12 months prior to the claim. U.S. Export Compliance: You represent and warrant that you are not located in a country subject to a U.S. government embargo (e.g., North Korea, Iran) and that you are not listed on any U.S. government list of prohibited or restricted parties. California Consumer Rights: If you are a California resident, you may have specific rights regarding your personal information under the California Consumer Privacy Act (CCPA). However, as we anonymize data via System-IDs before processing, we minimize the collection of personally identifiable information.

11. Export Control

The software uses U.S. technology (cloud/AI). The user represents that they are not located in an embargoed country and are not listed on any sanctions list. Use of the software in or by persons from such countries is prohibited.

12. Disclaimer and Class Action Waiver

No Warranties (AS IS): The software is a sports statistics tool and is provided "as is." If the functionality or terms do not meet your expectations, your sole remedy is to discontinue use. There is no guarantee that the software meets your requirements. Limitation of Liability: JUSTBALLPARK's liability is in all cases limited to the amount you paid for the software. Class Action Waiver: You waive the right to bring claims as a class action. All claims must be brought individually.

13. Post-Termination Obligations

Updates, changes, or adjustments that do not materially alter the core functionality or contractual purpose of the Software do not grant the User any special right of termination. Upon termination or discontinuation of the service, the User is responsible for exporting or securing their data prior to the end of the contract term. The Provider is not obligated to retain, migrate, or export User Content after contract termination.

14. Support Disclaimer

Technical support is provided on a voluntary, best-effort basis. There is no entitlement to availability, response times, bug fixes, updates, or error correction, including for security-related issues.

15. Miscellaneous

a) Force Majeure The Provider shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including but not limited to infrastructure outages, third-party service failures, or force majeure events. b) Severability If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain unaffected. c) Assignment The Provider may transfer this agreement to a successor entity as part of a merger, acquisition, or sale of assets. d) Language precedence In case of discrepancies, the English version of these Terms shall prevail.