Terms of Service

§ 1 Scope, Provider and Definitions

(1) These General Terms and Conditions (hereinafter "Terms") apply to all agreements between

Charles Imilkowski
Stubbenweg 29
DE-27753 Delmenhorst, Germany
VAT ID: DE316844774
Email: support@peppertools.de

(hereinafter "Operator") and the user (hereinafter "User") regarding the use of the online service "M3U Playlist Editor" (hereinafter "Service"), accessible at https://playlisteditor.com.

(2) These Terms apply to the free use (Free Tier) as well as to paid Premium access.

(3) A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their trade, business, or profession when entering into the legal transaction.

(4) Deviating, conflicting, or supplementary terms of the User shall not become part of the agreement unless the Operator expressly agrees in text form.

(5) For consumers habitually resident in another EU Member State, mandatory consumer protection provisions of that state shall remain unaffected.

§ 2 Description of Services

(1) The Service is a cloud-based online service for creating, editing, organizing, checking, synchronizing, and providing M3U playlists and related data through a website and, where applicable, associated apps.

(2) The Free Tier includes, in its current scope, in particular the management of one playlist, basic editing features, and export as an M3U file.

(3) Premium access additionally includes, in its current scope, in particular an increased or unlimited number of playlists, higher import limits, stream availability checks, EPG features, automatic synchronization of external sources, and hosted playlist and EPG URLs.

(4) The specific scope of features is determined by the current service description on the website at the time of contract conclusion.

(5) To the extent legally required toward consumers, the Operator shall provide updates, including security updates, during the relevant period and inform about them.

(6) The Operator is entitled to further develop the Service and modify features, provided there is a compelling reason. Compelling reasons include, in particular, technical advancements, security reasons, abuse prevention, legal or regulatory requirements, or changed technical framework conditions.

(7) Changes pursuant to paragraph 6 must not entail additional costs for consumers. If a change to a paid contract affects the consumer's access to or usability of the Service more than insignificantly, affected consumers will be informed in a timely and clear manner on a durable medium. In such case, the consumer may terminate the contract free of charge within 30 days of receiving the information or after the time of the change, provided the impairment is more than insignificant.

§ 3 Registration and User Account

(1) Use of the Service requires registration with a valid email address and a password. The Operator may require verification of the email address.

(2) The User is obligated to provide truthful and complete information during registration and to keep this information up to date.

(3) Login credentials must be kept confidential and protected from third-party access. In case of suspected misuse, the User must inform the Operator immediately.

(4) Only one user account per natural person is permitted, unless the Operator expressly permits otherwise.

(5) The Operator may provide security-relevant features, in particular two-factor authentication.

§ 4 Contract Formation, Prices, Payment and Duration

(1) The display of Premium services on the website does not constitute a binding offer.

(2) By completing the order and payment process, the User submits a binding offer to conclude a contract for the selected Premium access. The contract is concluded upon successful payment confirmation or express acceptance by the Operator.

(3) Premium access is a fixed-term contract for a one-time payment. There is no automatic renewal.

(4) The available durations, services, and prices are shown on the order page. The prices displayed at the time of the order apply. All prices include statutory value-added tax, insofar as applicable and required to be shown.

(5) Price changes only apply to future orders. Already completed Premium periods remain unaffected.

(6) The available payment methods are shown during the order process. Insofar as payments are processed through payment service providers, their contractual and usage terms additionally apply.

(7) Upon expiration of the booked Premium period, Premium access ends automatically. The user account will subsequently continue as Free Tier, provided it is not deleted and the Operator continues to offer a Free Tier.

(8) The right of both parties to extraordinary termination for good cause remains unaffected.

(9) To the extent legally required, the Operator shall provide consumers with an online cancellation function pursuant to § 312k BGB (German Civil Code) for contracts that can be concluded online.

§ 5 Right of Withdrawal for Consumers

(1) Consumers are generally entitled to a statutory right of withdrawal for distance contracts.

Withdrawal Instructions

(2) You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of contract conclusion.

To exercise your right of withdrawal, you must inform us (Charles Imilkowski, Stubbenweg 29, DE-27753 Delmenhorst, Germany, email: support@peppertools.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the model withdrawal form provided below, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notice of exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

(3) If you withdraw from this contract, we shall reimburse you all payments we have received from you without undue delay and no later than fourteen days from the day on which we received the notice of your withdrawal. For this reimbursement, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this reimbursement.

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of services already provided up to the point at which you inform us of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.

(4) For contracts for services, the right of withdrawal expires prematurely if the Operator has fully provided the service and only began performing the service after the consumer gave express consent and simultaneously confirmed their awareness that they lose their right of withdrawal upon complete performance of the contract by the Operator.

(5) To the extent that individual services are exceptionally to be classified as digital content not supplied on a tangible medium, the right of withdrawal expires prematurely if the Operator has begun performance after the consumer expressly consented that the Operator may begin performance before the expiry of the withdrawal period, the consumer confirmed their awareness of the loss of the right of withdrawal, and the Operator provided the consumer with a contract confirmation pursuant to § 312f BGB.

Model Withdrawal Form

(6) (If you wish to withdraw from the contract, please complete and return this form.)

• To: Charles Imilkowski, Stubbenweg 29, DE-27753 Delmenhorst, Germany, email: support@peppertools.de
• I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service: __________________
• Ordered on: __________________
• Name of consumer(s): __________________
• Address of consumer(s): __________________
• Signature of consumer(s) (only for paper notifications): __________________
• Date: __________________

(*) Delete as appropriate.

§ 6 Termination, Account Deletion and Data Export

(1) Ordinary termination of Premium access is generally not required due to the fixed term. The right to extraordinary termination for good cause remains unaffected.

(2) The User may delete their user account at any time. Account deletion may be carried out via a function provided by the Operator or declared in text form to the Operator.

(3) Upon the account deletion taking effect, the usage relationship ends. Any remaining Premium period lapses upon account deletion, unless the User has a statutory claim for reimbursement, contract termination, or damages.

(4) Before account deletion, the User has the opportunity to download their playlists and other available data using the provided export functions.

(5) After account deletion, personal data, playlists, settings, and other user-related content will be deleted, unless statutory retention obligations or statutory legal bases for longer storage exist.

§ 7 Inactive Accounts

(1) The Free Tier is intended for testing and occasional use. There is no entitlement to permanent free storage of data or to the permanent maintenance of a Free Tier account.

(2) The Operator is entitled to delete inactive Free Tier accounts.

(3) A Free Tier account is considered inactive if neither a login nor a retrieval of hosted data through the respective account has occurred for a period of at least 30 days.

(4) Before deletion pursuant to paragraph 2, the Operator will send a warning to the registered email address and generally grant the User at least 14 days to reactivate or export available data, insofar as technically feasible.

(5) Premium accounts with an active period are excluded from deletion due to inactivity.

§ 8 Acceptable Use and Prohibited Actions

(1) The User may only use the Service within the framework of applicable laws and these Terms.

(2) Premium access is personal. Transfer to third parties or use for third parties is not permitted. Use on the User's own devices in a household-typical number is permitted, provided the use is exclusively for personal use.

(3) In particular, it is prohibited to:

• use the Service for the distribution or provision of unlawful content or unlawfully used streams,
• import, synchronize, host, or distribute copyrighted content without sufficient rights through the Service,
• share login credentials, hosted playlist or EPG URLs with third parties without authorization or make them publicly available,
• use the Service in an automated, centralized, excessive manner, or in a way that amounts to use for third parties, circumvention of usage restrictions, or excessive technical burden on the Service,
• circumvent security mechanisms or technically attack the Service.

(4) The Operator is entitled, upon the existence of concrete indications of legal violations, security incidents, or other misuse, to provisionally block or restrict individual content, hosted URLs, features, or the entire user account, insofar as this is necessary and proportionate.

(5) In the case of serious or repeated violations, the Operator is entitled to extraordinarily terminate the user account or permanently block it. Statutory claims of the User remain unaffected.

§ 9 Availability, Maintenance and Technical Requirements

(1) The Service is provided within the scope of technical and operational capabilities. The Operator does not owe any specific service level or uninterrupted availability.

(2) Maintenance work, updates, security measures, and technical changes may lead to temporary restrictions or interruptions.

(3) The User is responsible for providing the hardware, software, and sufficient internet connection required for use.

(4) Statutory rights of consumers regarding defects in digital products remain unaffected.

§ 10 Discontinuation of the Service

(1) The Operator may discontinue the Service in whole or in part with a reasonable notice period.

(2) Insofar as a complete discontinuation affects an active Premium access, the notice to users will generally be given at least 30 days before taking effect via email or through a prominent notice in the Service, unless an important reason or unforeseeable circumstances justify a shorter period.

(3) Fees already paid for periods after the effective date of an Operator-initiated discontinuation will be refunded on a pro-rata basis, insofar as the owed service is no longer provided from that point and the User has not already been provided with an equivalent alternative, or statutory reasons do not permit a refund.

(4) The Operator will, where possible, provide users with an export option for available data within the notice period.

§ 11 Liability

(1) The Operator is liable without limitation for intent and gross negligence, as well as for damages arising from injury to life, body, or health.

(2) In cases of slightly negligent breach of an essential contractual obligation, the Operator's liability is limited to the contract-typical, foreseeable damage. Essential contractual obligations are those obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the User may regularly rely.

(3) Otherwise, the Operator's liability for slight negligence is excluded.

(4) Liability under the Product Liability Act and other mandatory statutory provisions remains unaffected.

(5) For content provided by the User, imported data, external stream sources, external EPG data, and services of external payment or third-party providers, the Operator is only liable in accordance with the foregoing paragraphs.

(6) Statutory defect rights of consumers regarding digital products remain unaffected.

§ 12 Rights to the Platform and User Content

(1) All rights to the platform, source code, design, databases, trademarks, logos, and other content of the Operator remain with the Operator or the respective rights holders.

(2) The User receives, for the duration of the contract, a simple, non-exclusive, non-transferable, and non-sublicensable right to use the Service within the contractually intended scope.

(3) Content uploaded or imported by the User remains, in the relationship between User and Operator, with the User or the respective rights holder. The User grants the Operator the rights to this content necessary for hosting, processing, synchronization, provision, backup, and technical operation for the duration of the contract.

(4) Reverse engineering, decompilation, or disassembly of the platform or its components is prohibited, unless this is permissible under mandatory statutory provisions.

§ 13 Data Protection

The collection and processing of personal data is governed by the separate Privacy Policy of the Operator in its current version.

§ 14 Support and Complaints

(1) The Operator does not owe any separate support with fixed response or processing times, unless expressly agreed otherwise.

(2) Inquiries, bug reports, and complaints may be directed to support@peppertools.de.

(3) Statutory claims of the User remain unaffected.

§ 15 Amendments to these Terms

(1) The Operator may amend these Terms for the future, provided there is an objective reason. An objective reason exists in particular in the case of changes in legislation, changes in case law, changes in technical framework conditions, new or modified features of the Service, or to close regulatory gaps.

(2) Amendments affecting main performance obligations, prices of already concluded Premium contracts, durations of already booked Premium access, liability provisions, or other material rights of the User shall only become effective with respect to existing contracts if the User expressly agrees or the amendment is mandatorily permissible by law.

(3) Otherwise, the Operator may offer amendments to users without an active Premium period with effect for the future. The Operator will inform about this in text form at least 30 days before the planned effective date.

(4) If a User without an active Premium period objects to the amendment, the Operator may terminate the free usage relationship with a reasonable notice period. Already running Premium access remains unaffected by the objection until the end of the booked period, unless there is another legally permissible basis for earlier termination.

§ 16 Dispute Resolution

The Operator is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration body, unless there is a statutory obligation to do so.

§ 17 Final Provisions

(1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). With respect to consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

(2) If the User is a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the Operator's registered office, insofar as legally permissible.

(3) Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall take the place of the invalid provision.