Back to home

    Terms of Purchase (AGB)

    Last updated: March 2026

    Jump to section

    1. Scope

    TL;DR: Who these terms apply to

    These Terms of Purchase apply to all contracts and uses of digital products and services offered under the brand whaamkabaam via whaamkabaam.com.

    Controller / Provider:
    whaamkabaam
    Owner: Felix Holtkamp
    Donaustr. 44
    12043 Berlin
    Germany
    Email: hi@whaamkabaam.com

    whaamkabaam sells exclusively to consumers (B2C).

    If, depending on the checkout flow, a Merchant of Record ("MoR") / reseller (e.g. FastSpring) is used as seller of record, additional terms of that provider may apply to the purchase transaction (billing, taxes, invoicing, chargebacks, and payment processing). These Terms govern the access, usage, and performance of whaamkabaam's digital products and services to the extent legally permissible.

    2. Subject Matter of the Contract

    TL;DR: What we sell

    whaamkabaam offers:

    a) Digital products and digital services, including software-based access (e.g. "Curve Studio") and related features.

    b) Digital products in the form of customized mouse acceleration curves and related digital settings.

    c) Personalized digital services, including iterative adjustments ("revisions").

    d) Digital services in the form of live onboarding sessions in which personalized digital settings are created, adjusted, or finalized in real time.

    The specific scope, included features, limits (e.g. number of adjustments, library slots), and duration result from the product description at the time of purchase and the selected plan/tier.

    3. Contract Formation & Seller of Record

    TL;DR: How a purchase becomes binding

    3.1 Product presentation

    The presentation of products on the website does not constitute a legally binding offer.

    3.2 Checkout providers

    Purchases are concluded via one of our checkout/payment partners, depending on the product and region, such as:

    • CopeCart (CopeCart GmbH, Germany), and/or
    • FastSpring (Bright Market, LLC d/b/a FastSpring, USA) acting as Merchant of Record (MoR) / reseller for certain transactions.

    3.3 Formation of contract

    A contract is formed when the customer completes the checkout process and the payment is successfully confirmed, and the customer receives an order confirmation (typically by email).

    3.4 FastSpring as Merchant of Record (MoR)

    Where FastSpring acts as MoR/reseller, FastSpring is the seller of record for the transaction. In that case, FastSpring is responsible for payment processing, tax/VAT handling where applicable, invoicing/receipts, and chargeback/refund administration for the transaction under its applicable terms and policies.

    whaamkabaam remains responsible for providing access to and performing the digital product/service as described.

    4. Delivery, Access & Performance

    TL;DR: How you get your product

    4.1 Digital access / software services (e.g. subscriptions)

    If the purchased product includes account-based access (e.g. Curve Studio), access is granted digitally after purchase (typically immediately). Access requires an internet connection and may require account creation.

    4.2 Digital products (files/settings)

    Digital products are provided immediately after purchase or within a short time via digital delivery (e.g. download link, account access, Discord delivery).

    4.3 Personalized content

    Customized products are created based on information provided by the customer (e.g. sensitivity, playstyle, preferences). The customer is responsible for providing accurate, complete, and truthful information.

    4.4 Calls / consultations

    Calls are scheduled individually. Once a call has taken place, the service is deemed performed.

    5. Revisions / Iterative Adjustments

    TL;DR: Adjustments included in your plan

    Where included in the purchased product or plan:

    • Revisions refer to adjustments of the originally delivered digital product/settings.
    • Revisions are limited to the scope and limits described on the product page/plan.
    • Requests must relate to the originally provided input unless the plan explicitly includes rework based on new input.
    • Excessive, abusive, or non-cooperative revision behavior may be refused, and access/remaining services may be limited to what is contractually required.

    6. Subscriptions, Term, Renewal & Cancellation

    TL;DR: Auto-renewal, cancellation, plan changes

    6.1 Subscription model

    Some products/plans are offered as subscriptions (e.g. monthly/weekly/day pass). A subscription grants access to the subscribed features for the duration of the subscription term.

    6.2 Auto-renewal

    Unless stated otherwise at checkout, subscriptions automatically renew for successive periods of the same length until cancelled.

    6.3 Cancellation

    Customers can cancel a subscription at any time via the method provided at purchase (e.g. customer portal of the checkout provider) or by contacting us at hi@whaamkabaam.com.

    Cancellation takes effect at the end of the current paid billing period unless mandatory law requires otherwise. No partial-period refunds are granted unless required by law or explicitly stated in a separate refund policy.

    6.4 Plan changes

    If upgrade/downgrade options are offered, the applicable rules (timing, proration, and effective date) are shown in the checkout/provider portal or product page and apply accordingly.

    6.5 Failed payments

    If a payment is not successful, reversed, or charged back, we may suspend access until payment is resolved. For ongoing subscription access, continued non-payment may lead to termination of access for the subscription term.

    7. Prices & Payment

    TL;DR: Pricing, invoices, tax handling

    7.1 Prices

    All prices shown are final consumer prices, including applicable taxes where required by law, unless stated otherwise.

    7.2 Payment processing providers

    Payments are processed via our checkout/payment partners, such as CopeCart and/or FastSpring (MoR), including supported payment methods (e.g. credit card, PayPal, local methods depending on provider).

    7.3 Invoices/receipts & taxes

    • If CopeCart is used, invoicing/receipts and tax handling are provided via CopeCart and/or as stated at checkout.
    • If FastSpring acts as MoR, FastSpring issues invoices/receipts and handles applicable taxes/VAT for the transaction as seller of record.

    8. Right of Withdrawal (Consumers)

    TL;DR: Your cancellation rights as a consumer

    Consumers generally have a statutory right of withdrawal.

    Digital content / digital services:
    Where legally permitted, the right of withdrawal may expire early once:

    • digital content is delivered and/or
    • access/performance of the digital service has begun,

    provided the customer has expressly requested immediate performance and acknowledged that they thereby lose the right of withdrawal.

    For services (calls):
    The right of withdrawal expires once the service has been fully performed, if the customer has expressly requested performance before the end of the withdrawal period and acknowledged the loss of the withdrawal right.

    Details are set out in the separate Withdrawal Policy.

    9. Refunds

    TL;DR: When refunds apply

    Refunds are governed by the separate Refund Policy published on whaamkabaam.com and/or, where applicable, the refund processes of the seller of record (e.g. FastSpring as MoR).

    In particular (unless mandatory law requires otherwise):

    • No refunds are granted for delivered/used digital content or started digital services/access.
    • No refunds are granted after a call has taken place.
    • Voluntary refunds may be granted in exceptional cases at the discretion of whaamkabaam and/or the seller of record's policies.

    10. Intellectual Property & Usage Rights

    TL;DR: Usage rights & restrictions

    All digital products, software access, content, and materials provided by whaamkabaam are protected by copyright and other IP laws.

    The customer receives a non-exclusive, non-transferable, personal right of use for private purposes only for the duration of the purchased access/term (for subscriptions: for the active subscription period).

    In particular, the customer may not:

    • resell, sublicense, or redistribute the content or access
    • share the content publicly or commercially
    • reverse engineer, replicate, or provide the service/content for third parties

    11. Availability, Changes & Updates

    TL;DR: Uptime & service changes

    We strive for high availability of digital services but do not guarantee uninterrupted access. Maintenance, security updates, or provider outages may temporarily limit availability.

    We may modify and improve the service and its features over time, provided that this does not unreasonably disadvantage customers and the core purchased functionality remains substantially available for the paid term.

    12. Liability

    TL;DR: Our liability limits

    whaamkabaam is liable without limitation for intent and gross negligence.

    For slight negligence, liability exists only for breaches of essential contractual obligations and is limited to foreseeable, typical damages.

    Liability for loss of profit, indirect damages, or consequential damages is excluded to the extent permitted by law.

    13. Customer Obligations

    TL;DR: Your responsibilities

    The customer agrees to:

    • provide truthful and accurate information
    • use the products only as intended
    • refrain from abusive behavior, misuse, or attempts to circumvent plan limits or access restrictions

    14. Governing Law

    TL;DR: German law applies

    German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

    Mandatory consumer protection provisions of the customer's country of residence remain unaffected.

    15. Online Dispute Resolution

    TL;DR: EU ODR platform info

    The European Commission provides a platform for online dispute resolution (ODR):

    https://ec.europa.eu/consumers/odr/

    whaamkabaam is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

    16. Final Provisions

    TL;DR: Severability clause

    If individual provisions of these Terms are invalid or unenforceable, the remaining provisions remain unaffected.