These are the 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 issued first in the German language, the following are a translation from German into English.
Preamble
The Provider provides an infrastructure on metadata2go.com, which should facilitate the User to transfer audio files from one format into another using file converter programs as well as to edit and manipulate those files on Internet servers.
§ 1 General and Application
(1) Following Terms and Conditions apply to every business relation between the Provider and the User as Customer.
(2) Consumer means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside its trade, business or profession.
An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession.
Customers for the purposes of such terms and conditions are consumers as well as Entrepreneurs.
(3) Individual contract agreements have priority ante these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed.
§ 2 Service description and prices
(1) The Provider provides an infrastructure on metadata2go.com, which should facilitate the Customer to transfer audio files from one format to another using file converter programs as well as to edit and manipulate those files on Internet servers.
The Provider performs for its Customer through the website metadata2go.com extensive technical server services, editing services and conversion services. In this way, downloading and uploading of files in various formats are allowed through the server of the Provider. It allows to convert files from one file format to audio, from audio to another file format, and manipulating audio files using Software as a Service (SaaS) mechanisms.
The download includes the downloading of files for the permanent storage on a data carrier. This includes the possibility to download already converted files, as above mentioned, from other servers for further conversion.
The upload includes the providing of files of the Customer in order to storage them on the server of the Provider for the purpose of retrieving them by the Customer.
In general the services provide a user the ability to transform a file (a "User File") from its original file format to an audio format or an audio format to a user-selected file format. The services operate by storing the uploaded or downloaded User File on a server, editing it according to the User’s wishes (“Edited File”), converting it into a new file format ("Converted File") and then providing the user a unique, non guessable download link to the Edited or Converted File.
(2) To provide its services, the Provider provides the Consumer with a free certain basic service on the website. Customers can also access to a chargeable premium account with advanced features and services.
The Customer acknowledges and agrees that the Provider may establish general practices and policies concerning the use of the services, including, without limitation, the maximum number of files that a Customer may upload through the services, the maximum size of the files that a Customer may convert through the services, the maximum number of hours or days that a file will be stored by the services, and the maximum number of times a user may access the services in a given period of time.
(3) The Provider provides memory space to the Customer within the framework of its operational and technical possibilities and depending on the use of its services, in order to save files created by the Customer through uploading or by transferring a download link.
For the purpose of providing the services, the Customer grants the Provider a non-exclusive, time-limited, and geographically unrestricted right to process, store, and convert uploaded files. This right is granted solely for the duration and extent necessary to perform the contracted services. No commercial or sublicensable use of uploaded files is made by the Provider. User files are not used for AI training.
The Provider reserves the right to delete files or refuse uploads or file downloads provided that there is not enough storage capacity.
The Provider reserves the right to change or discontinue any of the services at any time.
While the Provider tries to ensure that the services are error free, he cannot guarantee that user files, edited files or converted files will not be deleted or lost. The Customer acknowledges and agrees that the Provider will not be responsible for any failure of the services to convert a user file or store a user file, edited file or converted file. The Customer acknowledges and agrees that the Provider will not be responsible for the deletion of a user file or converted file stored or processed during the provision of the services, or for the corruption of or loss of any data, information or content contained in a user file, edited file or converted file.
(4) Specific scope of services depends on the corresponding description of the services offered by the Provider, which are an essential part of these terms and conditions.
§ 3 Customer identification
(1) The services free of charge can be used without any registration. Only registered Customers have access to the chargeable services of the Provider. As part of the registration process, the Customer shall select a user name (email address) and a password.
By completely filling the registration form and accepting these general terms and conditions, the Customer makes a binding offer to conclude a contract to use the offered and ordered services.
Provided that the services of the Provider are subject to a charge, the Customer shall – if necessary – truly and completely specify its bank and/or its credit card details as well as any changes to its data without delay.
The Customer will receive an email after registration that will request the confirmation of the registration. As soon as the Customer confirms the registration, the process is completed.
(2) In case that the Customer is aware of any misuse of its access data to the services of the Provider, he shall immediately inform the Provider. The Provider is entitled to block the access to the used services in case of misuse. The suspension of the block will be possible by written request of the Customer.
§ 4 Terms and termination
The use of the services of the Provider is not bound to a specific period of time.
The chargeable services of the Provider are subject to a certain contract period that arises from the description of the services offered by the Provider, which are an essential part of these general terms and conditions.
The right of the parties for extraordinary termination of the contract as well as the right to terminate the recurring obligations for important reasons remain unaffected. An important reason exists provided that in consideration of all circumstances in the specific case and weighing up the interests of both parties, the terminating part may not be reasonably expected to continue the contractual relationship until the end of the agreed contractual period or until the expiration of the notice period.
In this respect, the Provider has the right for extraordinary termination especially if the Customer violates section 6 (2) of these general terms and conditions.
§ 5 Right of withdrawal for EU-Consumers
- Withdrawal instructions for EU-consumers -
(1) Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of the contract conclusion. To exercise the right of withdrawal, you must inform us:
Declaration of revocation shall be sent to:
QaamGo Web GmbH
Fritz-Reichle-Ring 2
78315 Radolfzell
Fax: +49 7732 9391657
E-Mail: time2talk@metadata2go.com
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. 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.
(2) Consequences 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction.
(3) Expiry of the Right of Withdrawal
Your right of withdrawal expires prematurely if the service has been fully performed and performance began only after your express consent and acknowledgment that you lose the right of withdrawal upon complete performance.
§ 6 General duties of the Customer
(1) The Customer is responsible for the availability of the technical requirements to use the benefits of the Provider, particularly with regard to the used hardware and software, the Internet connection and the compatibility with the usual browser software. The Customer is also obliged to secure their computer system, particularly to carry out a data backup regularly and to install up-to-date antivirus software. The Provider is not liable for virus damages, which could have been prevented by using the corresponding software.
(2) The Customer shall attend the effective laws of the Federal Republic of Germany as well as the present conditions when using the services provided by the Provider. He particularly shall:
a) provide, as part of the application, true and complete information regarding its person and, if necessary, regarding its authorized representative. Particularly, its true first and last name as well as its current address and – if necessary in order to use the services of the Provider – true and complete details of the planned means of payment (such as bank details). Should this information be untruthful and should the collection of the fees not be possible or a return back debit effected by the bank for this reason or for any other reason in the responsibility of the Customer, then the Customer shall bear all associate expenditure as responsible part;
b) not use the services of the Provider to view or spread neither immoral or illegal statements nor pornographic and right-wing or violent contents;
c) attend to the effective law of the Federal Republic of Germany, particularly the regulations regarding data and youth protection as well as criminal ordinances;
d) not violate rights of third parties, particularly copyright and ancillary copyright, trademark, patent and other property and personal rights. Particularly with regard to the use of copyrighted works, the Customer is responsible for obtaining the relevant rights concerning that use. In particular, he should obtain the necessary rights from the GEMA (German Society for Musical Performing Rights and Mechanical Reproduction Rights) or other right collecting societies as trustees for the administration of these rights.
(3) As far as memory or storage capacity (central memory and fixed-disk storage) an is provided to the Customer, he is not allowed to store any illegal, or infringing comments against the law or official regulations or against the rights of third parties. Following contents may neither be written nor offered:
a) Offers, which application, supply or distribution infringes industrial property rights (such as trademark, patents, utility models and design rights), copyright and ancillary copyright and other rights (such as right to the own image, name and personal rights); the offer of plagiarism is not permitted;
b) pornographic and harmful offers
c) propaganda articles and products from any unconstitutional organization:
d) weapons as defined on the Weapon Act, particularly firearms, cutting and stabbing weapons of any kind as well as ammunition of any sort
e) protected live animals, products and preparations of protected animals as well as protected plants and their preparations
f) bonds - especially shares - credits, loans and financial aim; money market and financial instruments, excluded from historical bonds that are not in circulation anymore;
g) debt obligations and court titles as well as other claims arising from collection legal transactions
h) vouchers, which are available free of charge for everyone
i) goods whose possession is lawful, but their use in the country of delivery is prohibited
j) human organs;
k) goods for a lower price as the statutory fixed price, insofar as the fixed price is not charged and there is no exemption;
l) land and land rights.
(4) The Customer is the sole responsible for the contents and for the accuracy of the transferred data.
(5) The Customer is not allowed to eidt or convert files automatically using a scripting language.
§ 7 Purchase and Use of Credits
(1) Users may purchase "Credits" through the platform metadata2go.com. Credits are virtual, non-refundable, and non-interest-bearing digital units that may only be used to access specific paid features and services offered on the platform. Credits have no monetary value outside of metadata2go.com and cannot be transferred or exchanged for cash.
(2) Two models for acquiring Credits are available:
a) Pay As You Go (PAYG): Credits are purchased as a one-time transaction. They are valid for 12 months from the date of purchase and may be carried over from month to month during that time. Unused Credits expire automatically after the 12-month period.
b) Subscriptions: Users may subscribe to a monthly or yearly plan that provides a fixed number of Credits per billing cycle. Unused Credits under a subscription expire at the end of each billing period and do not carry over to the next month or year.
(3) The current prices, including applicable VAT, are clearly indicated on the pricing page. Credits are consumed based on the type and scope of the service used. For example, standard file conversions may cost fewer Credits than AI-powered tools such as speech-to-text. The exact number of Credits consumed per operation is disclosed before processing.
(4) Refunds or cash payouts of unused Credits are excluded, except where legally required (e.g. consumer withdrawal rights).
(5) metadata2go.com reserves the right to modify or discontinue the credit system at any time. In such a case, unused Credits will remain valid for a minimum period of three months from the date of notification.
(6) It is the user’s responsibility to monitor the balance and expiry of their Credits. Expired Credits cannot be restored.
(7) metadata2go.com reserves the right to adjust the number of Credits required for specific features or services at any time. The applicable amount will be displayed before use. No retroactive adjustments will be made for previously completed transactions.
§ 8 Blocking of access
(1) The Provider reserves the right to revoke the right to access to its services or to reject the registration of a Customer who misuses the services of the Provider or violates these general terms and conditions. The Customer will be immediately notified per email about this revocation of the right to access or rejection of the registration.
(2) If the Customer fails to meet its obligations under these general terms and conditions; violations, for which the Customer is responsible, the Provider is entitled, subject to any further claims, to temporally fully or partially block the access to its services. Thereof, the Customer will be immediately notified per email.
§ 9 Infringing content policy
(1) Every user of the website has the possibility to report any violation of its intellectual property rights caused by any content on metadata2go.com.
For this purpose, the Provider requires detailed information. This information should content the following:
a) A statement that contents at metadata2go.com infringe intellectual property rights of the user or of third parties who authorised the user to act on their behalf;
b) An identification of the copyright claimed to have been infringed, indicating a link to the relevant content;
c) Full name, address, telephone number and email address of the user;
d) A statement, that the user is either the copyright owner or a person authorised to act on their behalf;
e) A statement that the user believes in good faith that the use of the content in the manner complained has not been allowed neither by the intellectual property rights owner nor by any other for this purpose authorised person.
(2) If desired that the complaint should be considered pursuant to the U.S. Digital Millennium Copyright Act section 17 paragraph 512(c), those requested in section 8 (1) shall be stated under penalty of perjury. Furthermore, an electronic or physical signature is also necessary under the above required information.
(3) The Provider complies with §10 TMG and applicable German law. Upon notification of clearly unlawful content, the Provider will review and, if legally required, promptly remove or block access to such content. Affected parties can contact the Provider via the contact details provided above.
(4) Content restrictions. The Customer may not upload, process, store or publish content that is unlawful, that infringes the rights of others, that depicts the sexual abuse of children, that incites violence or hatred, or whose distribution is prohibited by applicable law. The duties in section 6 (2) apply in full and are not limited by this section.
(5) Means of moderation. Content is reviewed by a person, on notice — either a report made through the mechanism described in paragraph (1) or at the contact point published under Articles 11 and 12 of Regulation (EU) 2022/2065, or the Provider's own knowledge. Apart from the technical measure described in this paragraph, the Provider does not use automated detection, automated hash matching, or algorithmic decision-making to decide whether content is removed, restricted, demoted or restored. The one automated measure is this: every SVG file that is uploaded, imported or published is passed through an automated sanitiser that removes scripting, event handlers, references to external resources and other active content from the file and re-serialises the drawing; a file the sanitiser cannot parse safely is refused at upload. This measure is applied identically to every SVG file, does not assess the meaning, lawfulness or origin of the content, and no removal, restriction or demotion of content is decided by it. Every statement of reasons records whether automated means were used in the individual case; should the Provider begin to use any further automated measure, this clause will be amended before that measure is used.
(6) Redress. Where the Provider removes or restricts content the Customer has provided, the Customer receives a statement of reasons under Article 17 of Regulation (EU) 2022/2065. It names the restriction imposed, its territorial scope, the facts relied on, whether automated means were used, the legal or contractual ground, and the redress available. The Customer may reply to that statement at the published contact point, and may in any event pursue the matter before the courts under section 18. The Provider is a micro or small enterprise within the meaning of Article 19 of that Regulation and therefore does not operate the internal complaint-handling system of Article 20 or the out-of-court dispute settlement of Article 21; that position is reviewed annually and this clause will be amended if it ceases to apply.
(7) Content the Customer publishes. Where the service offers an area in which the Customer may publish content so that other users can see, copy or reuse it, publication grants the Provider and those other users a worldwide, non-exclusive, royalty-free licence to host, reproduce, adapt and redistribute that content for the purpose of operating that area and of the uses it offers. The Customer keeps ownership of the content. Publishing is a licence grant, and erasure does not revoke a licence: deleting the account, or requesting erasure, removes the Customer's own copies and depersonalises the public attribution, but does not withdraw the licence already granted in copies already published. Content the Customer has not published is not covered by this paragraph.
§ 10 Payment terms
(1) Customers who use chargeable services of the Provider may pay in advance pre-cash / bank transfer, by credit card or via PayPal. The Provider reserves the right to exclude certain terms of payment.
To realise the payment via PayPal, the Customer has to register under paypal.com. The terms and conditions of paypal.com shall apply [https://www.paypal.com/de/cgi-bin/webscr?cmd=p/gen/ua/ua-outside]. The provision of services shall be only happen as soon as the invoiced amount is credited to the PayPal account of the Provider.
The exact payment method depends on the corresponding description of the services offered, which are an essential part of these general terms and conditions.
(2) Unless the parties agreed otherwise, the Customer undertakes to pay the whole price within fourteen days when the contract dates are received by e-mail. The Customer comes to default after expiration of the deadline. During the default, the Consumer has to pay interest at a rate of at least 5 points above the prime rate. During the default, the Entrepreneur has to pay interest at a rate of least 8 points above the prime rate. Compared with the Entrepreneur, the Provider reserves himself to apply higher damage caused by delay.
(3) Unless stated otherwise in the description of the services, the begin of the availability of the Service by the Provider will happen as soon as the complete invoice amount is credited to its account.
§ 11 Exemption
The Customer disclaims the Provider and its employees of all claims, which other customers or third parties might have against the Provider because of violation of their rights through the data posted by the Customer on the website metadata2go.com or through provided files from the Customer on the server of the Provider. This includes the costs of reasonable litigations and related expenses. For this purpose, the Customer shall provide an adequate deposit based on the corresponding legal fees. This does not apply if the Customer is not responsible for the infringement.
§ 12 Affiliate Program
(1) Eligibility
Participation in the metadata2go.com Affiliate Program ("Program") is permitted for natural or legal persons aged 18 or older. Participants must operate a valid online presence or comparable promotional medium. reserves the right to reject applications at its sole discretion or to terminate existing partnerships at any time.
(2) Registration and Admission
Participation requires an application through the affiliate system provided by us. There is no entitlement to admission. may reject applicants or exclude participants from the program at any time without stating reasons.
(3) Obligations of Affiliates
Affiliates agree to promote metadata2go.com lawfully, transparently, and in accordance with applicable German law – particularly in compliance with the German Act Against Unfair Competition (UWG). Prohibited conduct includes, but is not limited to:
- Misleading or false statements about our products or services
- Spam (e.g., unsolicited mass emails)
- Use or imitation of our trademarks, logos, or domains without permission
- Advertising on illegal or immoral platforms
(4) Commissions and Settlement
Commission payments are based on referred transactions recorded in the affiliate system. The amount, payment method, and any thresholds (e.g., minimum payout) are also defined therein. Cookies used for tracking referrals are valid for 30 days. Refunds or fraudulent activity may result in the forfeiture of commissions.
(5) Disclosure Obligations
Affiliates are obligated to clearly disclose their promotional activity in accordance with Sections 5a and 6 UWG and the guidelines issued by the German media regulatory authorities (and, where applicable, the EU Omnibus Directive). This applies in particular to content published on social media, blogs, and video platforms.
(6) Termination and Exclusion
The Program may be terminated by either party at any time without notice. In the event of termination by due to a breach of contract, entitlement to unpaid commissions may be forfeited (Section 242 of the German Civil Code – BGB, principle of good faith).
(7) Limitation of Liability
shall only be liable under the Affiliate Program for intentional acts or gross negligence. Liability for lost profits or indirect damages is excluded to the extent permitted by law (Sections 276, 280 et seq. BGB).
(8) Changes to the Terms of Participation
We reserve the right to amend these terms at any time. Changes will be communicated to affiliates in a timely manner via email or through the affiliate dashboard. Continued participation in the program constitutes acceptance of the amended terms.
§ 13 Limitation of Liability
(1) We make no backups of the files you transmit for conversion. Encrypted backups of our databases do exist and are kept for the limited period stated in our privacy policy. You are solely responsible for maintaining copies of your original files.
(2) While we strive to provide a reliable and error-free service, we cannot guarantee that uploaded, edited, or converted files will not be corrupted, lost, or deleted. You acknowledge that you retain copies of all your files before using our service.
(3) To the extent permitted by law, the Provider shall not be liable for any loss or damage resulting from the use of the service, including but not limited to the loss of use, data, profits, goodwill, or other intangible losses—regardless of whether such damages were foreseeable.
(4) This limitation applies to all forms of liability, including contractual, tort, and statutory claims. However, it does not apply to liability for intent, gross negligence, injury to life, body or health, or any other liability that cannot be lawfully excluded under German law, including liability under the Product Liability Act (Produkthaftungsgesetz).
§ 14 Liability
(1) The Provider assumes no liability for the no-break availability of the server as well as for system-dependent losses, interruptions and disturbances of the technical equipment that are not in the sphere of the Provider. Particularly, the Provider is not liable for disorders in the quality of the server operated by the Provider due to force majeure or events for which the Provider is not responsible. Among these are strikes, lockouts, legal company-internal labour dispute actions and official directives. This also includes the entire or partial failure of the communication and network structures necessary to own communication and network structures and gateways of other providers and operators.
(2) With slightly negligent breaches of duty the liability limits on, depending on the kind of product, predictable, contractual, immediate average damages. This is also valid to slightly negligent breaches of duty of the statutory agents or assistant or agent of the Provider. The Provider is not liable for slightly negligent violation of inessential contractual obligations. However, the Provider is liable for the violation of the Customer’s essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the Customer according to the subject matter and purposes of the contract. The Provider is further liable for the violation of liabilities whose fulfilment allows the proper realisation of the contract and in whose realisation the Customer shall trust. The preceding restrictions of liability do not concern Customer’s claims from guarantees and/or product liability. The restrictions of liability will not be applied in case of fraudulent intent, violation the essential contractual obligations nor if the Provider is accusable of personal injury, impairment to health and death of the Customer.
(3) The Provider is not liable for a loss of data and/or programs as far as such damage is a consequence of the Customer’s failure to make data backups and guarantee a restoration of the lost data at reasonable efforts.
(4) The Provider is only liable for the own contents on its web page metadata2go.com. As far as access to other web pages by means of links is possible, the Supplier is not responsible for the external content. The Provider does not embrace the external content.
In case that the Provider is informed about illegal contents on external web pages, the Provider will remove the link provided that this is technically possible and reasonable to him.
§ 15 Rights of the Provider
All copyrights, trademark rights or other intellectual property rights to the website metadata2go.com, contents created by the Provider, data and other elements belong exclusively to the Provider. Possible rights of the Customer to the contents submitted by him or transmitted to the Provider remain unaffected.
§ 16 Privacy Policy
(1) Customer data are collected, stored and processed by the Provider in compliance with currently effective norms relative to the protection of personal data for the fulfilment of the contract.
(2) Personal data collected during the registration and performances of the services are treated in strict confidence. These data are collected, stored and processed when legally allowed or in case that the Customer consents herein.
(3) The Provider is obligated to inform the Customer at any time upon request thoroughly and free of charge in regard to the stored data provided that it affects him. The Provider will neither pass on this data nor the contents of private messages of the Customer to third parties without its consent. However, this is not applicable if the Provider is legally obligated to disclosure such data to third parties, in particular governmental authorities or as far as internationally technical standards require doing so
(4) The Provider points out to the Customer that personal data (user-related data) and other information concerning its use (connection data) (i.e. access passwords, up- and downloads), will be stored during the lifetime of the contract as far as it is required to fulfil the purpose of the contract, in particular for invoicing.
(5) The Provider is entitled to pass anonymous user information to third parties for demographic purposes. These anonymous data may be used to generate statistics and quality assurance.
§ 17 Changes to Terms and Conditions
(1) The Provider reserves the right to modify these Terms and Conditions at any time. The Customer will be notified at least two weeks in advance via publication on the website and/or email, with a clear indication of the effective date of the changes.
(2) If the Customer does not object to the changes within two weeks or continues using the services after the new terms come into effect, the new Terms and Conditions shall be deemed accepted.
(3) In the event of a material change that negatively affects the Customer, explicit consent may be required. If the Customer does not accept the new terms, they may terminate the agreement without penalty.
§ 18 Applicable law and jurisdiction
(1) This agreement shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied.
(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be the Provider’s registered office. This shall not apply to consumers residing within the EU. In such cases, the applicable statutory provisions on jurisdiction and consumer protection shall apply.
The same applies if the client has no general jurisdiction in Germany or residence or usual stay is not known at the time of the filing of the action.
§ 19 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.
Version 1.4, 6. May 2020