Terms of Service

1.1 These Terms of Service ("ToS") apply to the use of the QuestBoard platform (available at questboard.martin-herz.io and related subdomains), operated by (martin-herz.io) - Martin-Andree Herz ("Provider").

1.2 QuestBoard offers a web-based SaaS solution (Software-as-a-Service) for content creators and moderation teams. The feature set includes collecting, moderating, prioritizing, and visualizing questions and content from third-party sources (e.g. Twitch, public forms) for use in live streams or digital formats.

1.3 The offer is directed at both consumers within the meaning of § 13 BGB and entrepreneurs within the meaning of § 14 BGB (hereinafter collectively referred to as "Users").

1.4 Deviating terms of the user are not recognized unless the Provider expressly agrees to their applicability in writing.

2.1 Using the platform requires creating a user account. The contract is formed upon completion of the registration process and confirmation of the email address (double opt-in).

2.2 The user agrees to provide truthful and complete information during registration.

2.3 Login credentials must be kept confidential. The user is responsible for all activities carried out via their account. If misuse is suspected, the Provider must be informed immediately.

2.4 There is no entitlement to conclude a usage contract. The Provider reserves the right to reject registrations without stating reasons.

3.1 QuestBoard is provided in its current version ("as is"). The Provider continuously develops the platform.

3.2 The Provider is entitled to modify, expand (e.g. introduction of new roles, interfaces, or monetization options), or restrict the scope of features at any time, provided this is reasonable for the user or serves technical optimization.

3.3 The Provider strives for high availability of services but does not guarantee uninterrupted accessibility. Maintenance, security updates, or capacity constraints may cause brief disruptions.

3.4 Where features are provided free of charge, there is no entitlement to their permanent availability.

4.1 QuestBoard enables third parties to submit content (User Generated Content, "UGC").

4.2 The account holder (creator) is solely responsible for the content collected via their instance or form. They ensure that displaying the content does not infringe third-party rights, in particular copyright or personality rights.

4.3 The Provider offers moderation tools (filters, roles such as head moderators, block lists). The Provider is entitled but not obliged to remove reported or obviously unlawful content platform-wide or to suspend accounts in cases of systematic abusive use.

4.4 There is no entitlement to the storage or archiving of data beyond what is technically necessary.

5.1 QuestBoard enables integration with third-party services (e.g. Twitch, Discord, OBS, Stripe). The terms of the respective providers also apply to the use of these services.

5.2 The Provider is not liable for disruptions caused within the responsibility of the third-party provider (e.g. API changes at Twitch).

6.1 The Provider reserves the right to introduce paid subscriptions (e.g. Pro plans), a marketplace for digital goods (themes), or features for content monetization (donation highlighting).

6.2 Additional terms may apply to such paid services, which must be explicitly confirmed by the user before first use (e.g. Stripe Connect terms for creators).

6.3 The introduction of new optional features does not affect the validity of these base Terms of Service.

7.1 Any use aimed at circumventing the platform's security measures is prohibited (e.g. bypassing rate limits, spamming, exploiting bugs).

7.2 In the event of a violation of these Terms of Service or legal regulations, the Provider may temporarily or permanently suspend the user's account. In the event of a permanent suspension, creating a new account is prohibited.

8.1 For damages caused by simple negligence, the Provider is only liable in the event of a breach of a material contractual obligation (cardinal obligation). In such a case, liability is limited to the typically foreseeable damage.

8.2 Liability for data loss is limited to the effort that would have been necessary for restoration had the user performed regular and appropriate data backups.

8.3 The above limitations of liability do not apply in cases of injury to life, body, or health, or in cases of fraudulent intent or guarantees.

Consumers have a statutory right of withdrawal. Information on this as well as the withdrawal form can be found via a separate link on the website.

The right of withdrawal expires early if the Provider has begun performing the service with the user's express consent.

10.1 The Provider reserves the right to amend these Terms of Service with effect for the future, in particular in the event of legislative changes or feature expansions.

10.2 Changes will be communicated to the user by email or via the dashboard. They are deemed accepted if the user continues to actively use the platform after the changes take effect. The Provider will specifically draw attention to this consequence in the change notification.

11.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

11.2 If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes is the Provider's registered place of business.

11.3 Should individual provisions of these Terms of Service be or become invalid, this shall not affect the validity of the remaining provisions (severability clause). The invalid provision shall be replaced by the applicable statutory provisions.