TERMS OF SERVICE (ToS)
TheJoSam – Terms of Service
Last Updated: 11/11/2026
Effective Upon Access
1. Introduction & Corporate Identity
These Terms of Service (“Terms”) govern your access to and use of services provided by TheJoSam and its primary subsidiaries: TheJoSam Engineering, TheJoSam Development, TheJoSam Racing, and TheJoSam Media (collectively referred to as “Company,” “we,” “us,” or “our”).
Contact Information:
Jurisdiction: These Terms are governed by the laws of the Federal Republic of Germany and the European Union. Courts of jurisdiction shall be Mainz, Rhineland-Palatinate or Mannheim, Baden-Württemberg, unless mandatory consumer protection law provides otherwise. Arbitration is permitted and preferred where applicable.
2. Eligibility & Account Registration
2.1 Age Requirements
Users must meet the following age thresholds based on service type:
| Account Type |
Minimum Age |
Restrictions |
| Usage Account |
13 years |
Requires parental/guardian permission |
| Usage Account |
14 years |
Requires parental/guardian permission |
| Hosted Material Only |
16 years |
No parental permission required |
| Unrestricted Access |
18 years |
Full access, no restrictions |
| Hosting Account |
16 years |
Parental consent + payments by guardian |
| Hosting Account |
18 years |
No restrictions |
| Administration Account |
16 years |
Parental consent + written admin approval |
| Administration Account |
18 years |
Written admin approval required |
2.2 Account Security
- Users are solely responsible for account security and password management.
- Account sharing is strictly prohibited.
- Unauthorized access must be reported immediately via support@mail.thejosam.com.
- TheJoSam reserves the right to suspend accounts suspected of unauthorized access.
- Passwords for Hosting and Administration accounts must comply with TheJoSam Standards.
3. Services Provided
TheJoSam and its subsidiaries provide the following services:
- Cloud Storage: File upload, storage, and sharing for approved users.
- Hosting Services: Game servers, Docker containers, third-party applications, GitLab-style project overviews.
- Infrastructure Services: “TheJoSam Authentics” (Password Manager, Proxy, Internal Databases, Invoicing).
- Specialized Services (by subsidiary):
- Development: Software engineering, prototyping, automation.
- Engineering: Hardware design, 3D printing, component optimization.
- Racing: RC vehicles, sim-racing equipment, custom parts.
- Media: Content creation, media modification.
- Documentation & Project Overviews.
All services may include setup fees, subscriptions, usage-based billing, or one-time payments as specified at point-of-sale.
4. Fees, Payment & Refunds
4.1 Payment Methods
Payments are processed through PayPal. Additional payment processors may be added as needed.
4.2 Billing Cycle
Subscriptions are recurring until cancelled. Usage-based services bill according to actual consumption.
4.3 Non-Payment Policy
- Grace Period: 7 days from due date.
- Failure to comply results in immediate suspension.
- Suspended hosting services billed at 50–80% of subscription price.
4.4 Refund Policy
- Setup Fees: Refundable within 7 days of purchase.
- Hosting Services: Refunds available only for verified performance issues (up to 50% of payment).
- Refunds processed per contract terms disclosed at point-of-sale.
5. Acceptable Use Policy
Acceptable Use is detailed in a separate Acceptable Use Policy (AUP) document. Key provisions include:
- Resource abuse defined as >100% allocation or sustained 100% usage (>90% of time).
- Network attacks result in immediate termination without data access.
- All violations handled within 14 days per severity.
- Critical violations reported to law enforcement as required.
6. Intellectual Property
6.1 Company Ownership
All TheJoSam platforms, services, software, and hardware remain property of TheJoSam and respective subsidiaries. Licensed under Digital Millennium Copyright Act (DMCA) 17 U.S.C. §512 and EU equivalent.
6.2 User Content
- Users retain ownership of content uploaded/hosted.
- TheJoSam receives non-exclusive, revocable license to store and manage content during lease validity.
- Owners of Hosting Accounts own content they create; other content owned by TheJoSam.
6.3 Third-Party Materials
Third-party products/services advertised through our platform are not endorsed by TheJoSam.
7. Termination & Suspension
7.1 Grounds for Termination
- Terms of Service violation
- EULA violation
- Compromised account
- Non-payment
- Acceptable Use Policy violation
7.2 Effect of Termination
- Services stop immediately upon termination.
- Terminated services retain data for 7–14 days depending on type and agreement.
- Suspended services retain data per above policy.
- Data deleted automatically after retention period ends.
7.3 Voluntary Deletion
Users may request full account and data deletion at any time via support@mail.thejosam.com.
8. Disclaimers & Limitation of Liability
8.1 Service Warranty
Services provided “as is” without express or implied warranties. Minimum uptime warranty: 90% (or per contract terms).
8.2 Downtime Refunds
- Downtime exceeding 40% of subscription time eligible for refund up to 80% of fees paid.
- Scheduled maintenance excluded from downtime calculations.
- Maintenance attempted within downtime windows where possible.
8.3 Exclusions from Liability
- Data loss from actions taken with ≥14 days notice.
- Data loss from external issues, hardware/software failures.
- Damages to life, health, or property not covered.
8.4 Consequential Damages
To the fullest extent permitted by German and EU law, TheJoSam disclaims liability for indirect, incidental, or consequential damages.
9. Data Protection & Privacy
Privacy practices are detailed in the separate Privacy Policy. Summary:
- GDPR and BDSG compliant.
- Zero-knowledge architecture.
- No cookies used.
- All data stored in Germany; no international transfers.
- Data requests fulfilled within 30 days.
- Identity verification via email or photo/video ID if misuse suspected.
10. Changes to Terms
TheJoSam reserves the right to modify these Terms at any time. Users notified via email or platform announcement. Continued use constitutes acceptance.
11. Governing Law & Dispute Resolution
- Governing Law: Federal Republic of Germany, European Union.
- Courts: Mainz (Rhineland-Palatinate) or Mannheim (Baden-Württemberg).
- Arbitration: Preferred option for disputes where parties agree.
- Consumer Protection: Mandatory EU consumer protection rights remain unaffected.