1. Scope of Application
1.1. These Terms of Service (“Terms”) apply to all contracts concluded between Johannes Tornow, trading as Visage Esports, Sophie-Charlotten-Str. 84, 14059 Berlin, Germany (“Provider”, “we”, “us”) and our customers (“Customer”, “you”) regarding the use of our SaaS platform for Dota 2 analytics (the “Service”).
1.2. Business customers only: The Service is offered exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), to legal entities under public law, and to special funds under public law. It is not offered to consumers within the meaning of Section 13 BGB. By concluding a contract, the Customer confirms that it is acting in the exercise of its trade, business, or profession. We are entitled to verify this and to terminate contracts concluded in breach of this provision.
1.3. Diverging, conflicting, or supplementary terms and conditions of the Customer shall only become part of the contract if we have explicitly consented to their validity in writing.
1.4. Conclusion of Contract: The presentation of our plans and prices on our website does not constitute a binding offer. By completing the order process and clicking the order button, the Customer submits a binding offer to conclude a contract. The contract comes into effect when we accept this offer, either by confirming the order in text form (e.g., by email) or by activating access to the Service, whichever occurs first. We will make these Terms available to the Customer in a form that can be saved and reproduced.
2. Provision of the Service and Availability
2.1. We provide the Customer with access to our web-based analytics tools for Dota 2 as a Software-as-a-Service solution.
2.2. We strive to ensure a high availability of the Service. We do not, however, owe any specific availability level unless expressly agreed in writing. Excluded from any availability consideration are in particular downtimes due to scheduled maintenance work, which we will announce in advance where possible, and downtimes caused by events outside our reasonable control (force majeure, disruptions of the internet infrastructure, or failures of the third-party interfaces described in Section 2.4).
2.3. We continuously update and improve the Service. We reserve the right to modify functions, provided this does not unreasonably restrict the core functionalities agreed upon.
2.4. Dependency on Third-Party Data Sources: The Service relies on data made available by third parties, in particular the publicly accessible interfaces (APIs) of Valve Corporation and comparable data sources. We have no influence over the availability, scope, accuracy, or continued existence of these interfaces. If such an interface is restricted, changed, discontinued, or made subject to terms we cannot reasonably accept, the corresponding functions of the Service may be impaired or cease to be available, in whole or in part.
2.5. If, for the reasons set out in Section 2.4, the Service can no longer be provided in a substantial part on a permanent basis, both parties are entitled to terminate the contract for good cause. In this case we will refund fees already paid on a pro-rata basis for the unused remainder of the current billing period. Any further claims, in particular claims for damages or for a refund of fees for billing periods already used, are excluded within the limits of Section 7.
2.6. Visage Esports is an independent product and is not affiliated with, endorsed by, or sponsored by Valve Corporation. Dota 2 and Steam are trademarks of Valve Corporation.
3. User Accounts, Organization Management, and Acceptable Use
3.1. Organization Accounts: The initial account created by the Customer acts as the main administrative account for the Customer’s organization (“Org Account”).
3.2. Authorized Users: The Org Account administrator has the ability to invite additional individuals (e.g., employees, team members) to access the Service under the umbrella of the Org Account (“Authorized Users”). The number of permitted Authorized Users may be subject to the subscription plan selected during checkout.
3.3. Responsibility for Authorized Users: The Customer is fully responsible and liable for all activities, actions, and omissions of its Authorized Users. The Customer must ensure that all invited Authorized Users strictly comply with these Terms of Service. If an Authorized User leaves the organization, the Customer must promptly revoke their access.
3.4. No Account Sharing: All login credentials — whether for the Org Account or for an individual Authorized User — must be kept strictly confidential. Each user account (seat) is assigned to one specific natural person. Sharing a single user profile, password, or access credentials with multiple individuals is strictly prohibited.
3.5. No Web Scraping: The use of automated systems, software, scripts, bots, or web scrapers to extract data, content, or information from the Service’s web interfaces (front-end) is strictly prohibited for both the Customer and all Authorized Users.
3.6. Permitted API Access and API Keys: Programmatic access to data is permitted exclusively through the official API provided by us. The Customer agrees to use the API responsibly, in accordance with any API documentation provided by us, and to strictly adhere to any implemented rate limits. API keys must be treated as confidential passwords. The Customer must not expose API keys publicly (e.g., in public code repositories). Any attempt to circumvent API access controls, artificially overload the systems, or public exposure of API keys will result in immediate suspension of the account.
4. Subscription Term and Termination
4.1. The Service is provided on a subscription basis. The initial term of the subscription is agreed upon during the checkout process (e.g., monthly or annually).
4.2. After the initial term, the subscription will automatically renew for the same duration as the initial term, unless terminated by either party with a notice period of at least 30 days prior to the end of the current term.
4.3. The right of both parties to terminate the contract for good cause (e.g., severe breach of the Acceptable Use policy in Section 3) without notice remains unaffected. Terminations can be made via the account settings or in text form (e.g., email).
5. Fees and Payment Terms
5.1. The fees for the Service are indicated on our website during the checkout process. Pursuant to Section 19 of the German VAT Act (UStG, small business regulation), we do not charge value-added tax and do not show it separately. Should we cease to be covered by this regulation, the statutory VAT will be added to the stated net prices from that point onward.
5.2. Subscription fees are payable in advance for the respective billing period.
5.3. If the Customer defaults on payment, we reserve the right to block access to the Service until all outstanding payments have been settled.
5.4. Changes to Fees: We may adjust the fees for the Service with effect from the beginning of the next billing period, for example to reflect changed costs or the further development of the Service. A fee adjustment never applies to a billing period that has already begun or has already been paid for. We will notify the Customer of any adjustment in text form (e.g., by email) at least one (1) month before the billing period to which it first applies. The Customer may terminate the contract with effect from the date on which the adjustment takes effect; the notice periods in Section 4 do not apply to such a termination. If the Customer does not terminate before that date, the adjusted fee applies from the next billing period onward. We will point out the adjustment, the right of termination, and this consequence separately in the notification.
5.5. Changes to these Terms: We may amend these Terms with effect from the beginning of the next billing period. Section 5.4 applies accordingly to the notification, the right of termination, and the exclusion of mid-period changes. The amendment takes effect unless the Customer terminates before the date stated in the notification. Changes that affect the essential contractual obligations of either party require a separate agreement.
6. Rights of Use, Intellectual Property, and Customer Data
6.1. Grant of Rights: For the term of the contract and subject to payment of the agreed fees, we grant the Customer a simple (non-exclusive), non-transferable, non-sublicensable right to use the Service for its own internal purposes within the scope of the selected subscription plan. No further rights are granted.
6.2. Our Intellectual Property: All rights to the Service, including the software, the user interface, the underlying models and algorithms, the databases, our documentation, and all trademarks, logos, and other identifiers, remain with us or our licensors. The Customer may not decompile, reverse engineer, copy, or create derivative works of the Service, except to the extent such acts are permitted by mandatory statutory law.
6.3. Customer Data: Data that the Customer or its Authorized Users upload to or generate within the Service (“Customer Data”) remain the Customer’s. The Customer grants us the non-exclusive right to store, reproduce, and process Customer Data to the extent necessary to provide, secure, and support the Service.
6.4. Aggregated Data: We are entitled to use Customer Data in aggregated and anonymised form — that is, in a form that does not permit identification of the Customer, its Authorized Users, or its players — in particular to operate, analyse, and further develop the Service and to create statistics and benchmarks. Rights to such aggregated and anonymised data belong to us. This right survives termination of the contract.
6.5. Data After Termination: Within 30 days after the contract ends, the Customer may request a copy of its Customer Data in a common machine-readable format by email to contact@visage.gg; we will provide it within a reasonable period. After this 30-day window we are entitled to delete Customer Data; deletion otherwise takes place in accordance with Section 10 of the Data Processing Agreement. Any statutory rights of data subjects, in particular the right to data portability under Art. 20 GDPR, remain unaffected.
6.6. Data Processing Agreement: Where the Customer processes personal data of its own players, staff, or other individuals within the Service — for example by inviting Authorized Users, creating notes, or uploading replay files — the Customer acts as controller and we act as processor within the meaning of Art. 4 GDPR. Our Data Processing Agreement pursuant to Art. 28 GDPR applies to this processing. It is concluded in electronic form together with this contract and forms an integral part of it. In the event of a conflict, the Data Processing Agreement prevails with regard to the processing of such personal data.
6.7. Customer Responsibility for Uploaded Data: The Customer warrants that it is entitled to enter the Customer Data into the Service and to have it processed by us, and that it has informed the individuals concerned as required by Art. 13 and 14 GDPR. The Customer shall not upload special categories of personal data within the meaning of Art. 9 GDPR.
6.8. AI-Assisted Features: Where the Service offers AI-assisted analysis features, the content submitted to those features may be transmitted to third-party model providers in order to generate the requested output. The providers used are listed in Annex 3 of the Data Processing Agreement. Outputs of such features are generated automatically, may be inaccurate or incomplete, and do not constitute advice; the Customer is responsible for reviewing them before relying on them.
6.9. Feedback: If the Customer provides us with suggestions or feedback regarding the Service, we may use these without restriction and free of charge.
7. Limitation of Liability
7.1. We shall be liable without limitation for damages caused intentionally or by gross negligence by us, our legal representatives, or vicarious agents, as well as for damages resulting from injury to life, body, or health.
7.2. In cases of slight negligence, we shall only be liable for the breach of essential contractual obligations (cardinal obligations), the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely. In this case, our liability is limited to the foreseeable, contract-typical damage.
7.3. Any further liability for damages is excluded. Liability under the German Product Liability Act (Produkthaftungsgesetz), liability arising from a guarantee expressly assumed by us, and liability for fraudulently concealed defects remain unaffected.
7.4. Strict liability without fault for defects already existing at the time the contract was concluded, pursuant to Section 536a(1), first alternative, of the German Civil Code (BGB), is excluded. (Verschuldensunabhängige Haftung für anfängliche Mängel nach § 536a Abs. 1 Alt. 1 BGB ist ausgeschlossen.)
7.5. Our aggregate liability for slight negligence under Section 7.2 is limited, per contract year, to the fees paid by the Customer for the Service in the twelve (12) months preceding the event giving rise to liability.
7.6. The Customer is responsible for regular backups of their own data (if applicable). In the event of data loss caused by simple negligence, our liability is limited to the costs of data recovery that would have been incurred if the Customer had made regular and appropriate backups.
8. Final Provisions
8.1. This agreement and all disputes arising out of it shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
8.2. Transfer of the Contract: The Customer may not transfer or assign this contract, or individual rights and obligations arising from it, to a third party without our prior consent in text form. Such consent shall not be unreasonably withheld. We are entitled to transfer this contract to a legal successor, in particular in the event of a change in the legal form of our business or a transfer of the business as a whole; in this case the Customer has the right to terminate the contract with effect from the date of the transfer.
8.3. The exclusive place of jurisdiction for all disputes arising from this contract is Berlin, Germany, provided the Customer is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law. We remain entitled to bring proceedings at the Customer’s general place of jurisdiction.
8.4. Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining provisions.