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General Terms and Conditions (GTC)

1. Scope of application and provider

1.1 These General Terms and Conditions (GTC) apply to the use of the platform qConv.com, operated by:

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1.2 The qConv.com platform is aimed both at consumers within the meaning of Art. Art. 3 of the EU Consumer Rights Directive (2011/83/EU) as well as to traders within the meaning of Art. Art. 2 No. 1 of the Directive 2006/112/EC.

2. Services of the platform

2.1 qConv.com provides a web-based tool with which users can convert colors, create and manage color palettes, generate color gradients and analyze color tones from images.

2.2 Users can save, manage and delete the content created in the profile or download it in various formats (including PNG, CSS, Adobe Swatches, AutoCAD file).

2.3 In addition, qConv.com offers API access for programmatic requests for color conversion.

2.4 Color manufacturers have the option of publishing their own color values or collections on qConv.com.

3 Conclusion of contract and registration

3.1 The platform can be used partly without and partly with registration. Certain functions (e.g. API access, storage in the user profile) require the creation of an account.

3.2 Registration creates a contract of use between the user and Frag-Bobby.de.

3.3 The provision of fee-based API packages constitutes a binding offer. The contract is concluded upon confirmation of the booking and payment via Stripe.

4. Rights of use and content

4.1 The user shall receive a simple, non-transferable right to use the functions of qConv.com for his own purposes.

4.2 Images uploaded or color data entered by the user shall remain the intellectual property of the user. However, the user grants qConv.com a simple right of use to process the data within the scope of the platform functions.

4.3 The transmission of third-party content protected by copyright is only permitted if the user holds the corresponding rights.

4.4 It is prohibited to use the API automatically in a way that impairs the operation of the platform (e.g. excessive requests, circumvention of token limits).

5. Obligations of the users

5.1 The user undertakes not to upload or link to any illegal content.

5.2 Access data may not be passed on to third parties. The user is liable for all activities under their account.

5.3 If misuse is suspected, qConv.com is entitled to block accounts.

6. Prices and payment

6.1 The use of the basic functions is free of charge. Paid API packages can be selected in the 'Profile' section.

6.2 Payment is made via the payment provider Stripe in the subscription model (monthly or annually). The subscription conditions are listed transparently with the respective package.

6.3 The user can cancel the subscription at any time. Amounts already paid will not be refunded.

7. Availability and liability

7.1 qConv.com shall endeavor to ensure a high level of technical availability. Maintenance will be announced whenever possible.

7.2 In the event of data loss, interruptions or errors, qConv.com shall only be liable for intent and gross negligence. Liability for indirect damages is excluded.

7.3 Liability for third-party content (e.g. uploaded images, manufacturer data) is not assumed.

8. Right of withdrawal for consumers

8.1 Consumers have a 14-day right of withdrawal. Detailed withdrawal instructions are provided as part of the ordering process.

8.2 In the case of digital content, the right of withdrawal expires as soon as execution has begun and the user has expressly consented to this.

9. Data protection

9.1 The privacy policy, which is part of these GTC, applies.

9.2 Personal data will be processed in accordance with the GDPR and will not be passed on to third parties, except for payment processing or in the event of a legal obligation.

10. Final provisions

10.1 The law of the Kingdom of Spain shall apply.

10.2 The place of jurisdiction is, as far as legally permissible, Santa Cruz de La Palma.

10.3 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

10.4 Additions and amendments must be made in writing.

If you have any questions about these GTC, please contact us at [email protected].

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