Terms and Conditions

§ 1 Scope and Operator

These Terms and Conditions (“Terms”) govern the use of the Winbase platform (winbase.io), operated by Diektec UG (Haftungsbeschränkt), Randstr. 1, 22525 Hamburg, Germany (the “Operator” or “Winbase”).

The platform is aimed at participants and creators who publish their own raffles or competitions (knowledge-based contests) via Winbase.

By registering, users and creators agree to these Terms as in force at the time of conclusion of the contract. Changes become effective in accordance with § 18.

Insofar as creators publish their own raffles or competitions, they act as independent organizers in their own name and at their own responsibility. Winbase acts exclusively as a technical platform.

No contract for the conduct of individual raffles or competitions is formed between Winbase and participants, unless Winbase is expressly identified as the organizer.

These Terms apply in addition to the Privacy Policy (winbase.io/datenschutz) and the Legal Notice (winbase.io/impressum).

§ 2 Service Description and Platform Role

Winbase provides exclusively the technical platform infrastructure for the publication, management and participation in raffles and competitions. Creators act as the respective organizers on their own responsibility.

Winbase is not a seller, not a shipper, not a trustee and not a representative of creators or participants. Claims arising from individual events are directed exclusively against the respective creator.

No paid gambling participation

Participation in raffles and competitions is entirely free of charge for participants. Paid subscriptions do not influence winning probability, selection procedures or participation chances. Paid features serve exclusively comfort, community, profile or ad-free functions.

Skill-based competitions

Competitions are decided exclusively on the basis of knowledge, skills or performance. Random elements do not influence winner determination. In the event of a tie, individually measured processing time decides.

Transparency of the draw

The draw is cryptographically traceable according to the state of the art. Only pseudonymized or anonymized proofs are published.

Review and removal reservation

The Operator is entitled to pause or remove content if there is reasonable suspicion of legal violations, fraud or manipulation. The affected creator will generally be informed and given the opportunity to respond, unless urgent reasons require immediate action. The treatment of illegal content is governed by the DSA and DDG.

§ 3 Registration, User Account and Minimum Age

Use requires registration with complete and truthful information. Access credentials must be kept confidential. Only one account per person is permitted.

Minimum age: 18 years

Registration requires a minimum age of 18 years. By registering, the user confirms that they have reached this minimum age. Minors are excluded from use.

§ 4 Legal Notice and Provider Identification

The complete legal notice pursuant to § 5 DDG is available at winbase.io/impressum. Creators who act as entrepreneurs vis-à-vis consumers are required to provide their own complete provider identification.

§ 5 User Roles, Entitlements and Subscriptions

• Free (no charge)
  Unlimited participation in raffles and competitions; no creation. Advertisements are shown. Public profile with minimal view.
• Advanced (€5.99/month or €79 lifetime)
  Unlimited participation; no creation; ad-free. Join crews. Public profile with statistics and trophies.
• Premium (€9.99/month or €129 lifetime)
  Unlimited participation; no creation; ad-free. Join crews, comment function, web push notifications, watchlist and list view in feed. Profile with bio, social media links, statistics and trophies.
• Creator (€19.99/month or €249 lifetime)
  Unlimited participation and creation of raffles and competitions. Ad-free, full profile. Requires activation by the Operator.

Payment terms

Payment in advance. Monthly subscriptions may be cancelled at any time effective at the end of the current billing period. In the event of late payment, the Operator may temporarily suspend access to paid features.

Creator activation

Activation is at the Operator’s dutiful discretion: complete profile, identity verification, no outstanding violations of these Terms. There is no legal right to activation. Rejection is made exclusively for objective reasons, not on grounds of personal characteristics (AGG).

§ 6 Raffle Participation Terms

Participation is entirely free of charge. Each user may participate only once per raffle. Creators may not impose any costs on participants (no purchase obligations, no paid subscriptions, no economic consideration).

The draw is cryptographically secure and reproducible. The seed, algorithm and pseudonymized participant list are published after the draw.

§ 7 Competition Participation Terms

Participation is entirely free of charge. The outcome is determined exclusively by knowledge, skills or performance. In the event of a tie, the faster processing time decides.

Technical disruptions may lead to pausing, extension or annulment. The Operator may exclude participants in cases of manipulation, bot use or multi-account abuse.

§ 8 Creator Duties and Responsibility

Creators are solely responsible for planning, content, legality, execution, processing and shipping, including all tax, regulatory and consumer law obligations.

Creators commit in particular to:

1. only offering prizes over which they have lawful disposal;
2. not offering counterfeit, illegal, youth-endangering or prohibited products;
3. describing the prize, value, condition, scope of delivery and delivery times fully and truthfully;
4. not making misleading statements about winning probability, sponsorship or brand affiliation;
5. handing over or shipping prizes properly and within 14 days of the raffle draw or competition conclusion at their own expense; for digital prizes the same deadline applies to the transmission of access codes or downloads;
6. complying with all statutory information, consumer, data protection, tax and youth protection obligations;
7. informing Winbase without undue delay if the execution or prize processing is at risk.

Prohibited prizes and content

• Weapons, ammunition or dangerous objects
• Alcohol, tobacco, nicotine products, drugs, prescription medicines
• Youth-endangering or pornographic content
• Counterfeits or fake branded products
• Undeliverable prize promises
• Cryptocurrencies or financial products with regulatory risk

International responsibility

The creator bears sole responsibility for ensuring that their events comply with the laws of all affected countries.

Indemnification

The creator shall indemnify the Operator against all third-party claims arising from intentional or grossly negligent breaches by the creator, in particular due to illegal content, trademark infringements, data protection violations or unfulfilled prize promises. The indemnification also covers proven costs of legal defense.

§ 9 Creator Payment Terms

Fees paid by creators represent exclusively remuneration for technical platform services. They do not constitute an entry fee from participants and are not collected to finance individual winning chances. Participants pay no fee.

§ 10 Data Protection and Data Processing

Data protection roles

Winbase is an independent controller pursuant to Art. 4 No. 7 GDPR for the processing of personal data in connection with registration, account management, platform operation, security measures, fraud detection, communication systems and technical logs.

Creators are independent controllers for personal data they receive or process in connection with their own events, in particular for winner contact and shipping processing. No data processing agreement (DPA) is concluded between Winbase and creators.

Winner data is passed on to creators only to the extent necessary for prize processing (Art. 6(1)(b) GDPR). Creators commit to using received data solely for the respective event and to deleting it after the purpose has ceased.

Creator data protection obligations

Creators who process personal data of participants via the platform are independent controllers under GDPR. By accepting these Terms they commit to informing participants pursuant to Art. 13, 14 GDPR, providing their own privacy policy, using received data only for the stated purpose and deleting it after the purpose has ceased, and reporting data breaches to privacy@winbase.io without undue delay.

Security measures

Winbase implements appropriate technical and organizational measures pursuant to Art. 32 GDPR: TLS encryption, role-based access control, logging, backups and two-factor authentication.

Third-country transfers

Where third-party providers outside the EU/EEA are used, transfers occur exclusively on the basis of appropriate guarantees pursuant to Art. 44 et seq. GDPR.

§ 11 Liability and Warranty

The Operator is liable without limitation for damages arising from injury to life, body or health, and for damages caused by intent or gross negligence (including the Product Liability Act).

Otherwise the Operator is only liable for breaches of material contractual obligations (cardinal obligations), limited to the typically foreseeable contractual damage. Further liability is excluded.

The Operator is not liable for non-fulfillment of prize promises, delivery problems, incorrect prize descriptions, legal violations by creators or disruptions due to force majeure — unless the Operator is guilty of intent or gross negligence.

§ 12 Intellectual Property and Usage Rights

All platform content of the Operator is protected by copyright. Creators grant the Operator a non-exclusive, worldwide, royalty-free right of use for platform operation. Creators warrant that their content does not infringe any third-party rights.

§ 13 Suspension and Termination

The Operator is entitled to suspend or delete accounts in the event of serious or repeated violations of these Terms, following a warning unless immediate suspension is required. Users may terminate their account at any time via the account settings or by e-mail to support@winbase.io.

§ 14 Complaint and Reporting Procedure (DSA/DDG)

Reports via winbase.io/melden or support@winbase.io: illegal prize descriptions, unfulfilled prize promises, trademark infringements, data protection violations, prohibited content, fraud. The Operator may request evidence; if evidence is not provided, the event may be suspended.

§ 15 Consumer Dispute Resolution

The Operator is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

Contact: support@winbase.io

§ 16 Applicable Law and Jurisdiction

German law applies to the exclusion of the UN Sales Convention (CISG). Jurisdiction for merchants is the Operator’s registered office. For consumers, the statutory rules of jurisdiction apply; consumers in the EU may benefit from the mandatory protective provisions of their home country.

§ 17 Language and Contract Text

The contract language is German. The contract text is not stored after conclusion. Users are advised to save these Terms.

§ 18 Changes to These Terms

Changes will be communicated at least 30 days before they take effect by e-mail or platform notification. Without objection within 30 days, the amended Terms are deemed accepted; this is expressly noted. In the event of objection, the Operator is entitled to terminate the contractual relationship.

§ 19 Severability

Invalid provisions do not affect the remaining provisions. The statutory provision replaces any invalid clause. No oral collateral agreements exist; amendments require text or written form.