Terms of Service

05/03/2019

End user license Agreement for Sviper games (“EULA”)

Effective Date: 2019/05/07

Section 1
General terms

1.1 Sviper GmbH (“Sviper”/“we”/”us”) distributes through apps (“App”) various mobile games (“Games”) which you, the user may play (“User”/”you”) via a device (“Device”). Games are offered as App downloads via various providers (e.g. iTunes, Google, Google Play Store) free of charge (“Stores”). As User, you can use the Games via Apps by downloading the relevant App from a Store to your end device. This EULA applies as a supplement to the Stores’ terms of use.

1.2 The services and performances provided within the scope of these Games (“Services”) are exclusively carried out on the basis of this EULA. In addition to this EULA, the relevant applicable game rules and game instructions (if applicable) for the Game that are made available via the App shall apply. In the event of any contradiction between this EULA and the game rules or game instructions, this EULA shall prevail.

1.3 By accepting this EULA and downloading the App, we conclude a licensing agreement with you. Any terms and conditions provided by the User expressly do not form a part of the license agreement.

1.4 We are entitled to change the EULA with effect for a future date. We will only carry out changes for an important reason; in particular based on new technical developments, expanding our services, changes in legislation or jurisprudence or other equivalent reasons. Should the change significantly distort the contractual balance between the parties, the change will not take place. In all other cases, changes require your approval. You agree to be informed about changes of the EULA when access the App via ingame messages. The new EULA is considered accepted if you do not object to them via App within eight weeks after receipt. (“Objection Deadline”). When notifying any changes, we will draw specific attention to this option.

1.5 If you, as User, do not object to the changed EULA towards us within the Objection Deadline or you continue to use the Games despite access to the notification concerning changes, the changed or supplementary EULA become effective. If you, as User, object within the deadline, both you and us are entitled to duly terminate the licensing agreement and, after the expiry of a possible notice period, to delete the account. Any possible service fees paid in advance for the period after the termination shall be refunded to the User on a pro rata basis or credited to other Games. When notifying changes, we will always explicitly point out the possibility of objection and termination as well as the period of notice and the legal consequences in particular where an objection does not take place.

Section 2
Conclusion of the License Agreement

2.1 As User, you conclude a contract with us for the free of charge use of Games via Apps (“License Agreement”). You are not entitled to conclude a License Agreement or to the use of the Services or the Premium Services. The License Agreement can be terminated by us and by you at any time without giving reasons, and the Services can be discontinued at any time without giving reasons.

2.2 We only offer our Games to players who are at least 16 years old. People who are younger may not use our Games.

2.3 In addition to the free License Agreement, we offer Services subject to a charge in the relevant store (so-called “In-App Purchases”). Prior to such utilization, you are advised of your obligation to pay for these Services by an appropriately clear marking, and you must specifically confirm this use. It is your choice whether or not you use these In-App Purchases. You will be made aware of the obligation to pay for these Services by a clear marking and must expressly confirm the use by clicking on “Buy” or similar buttons.

2.4 The Licensee Agreement for the free use of an App or the use of the In-App Purchases is subject to a charge and is concluded with Sviper GmbH as contracting partner and not with the relevant Stores. Sviper GmbH alone, and not the Stores, are responsible for the licensed Game and its content. If you have any complaints, requests or questions regarding the Games, please contact us. More information about us, in particular our contact details (fax, e-mail), Commercial Register number and names of the authorized representatives can be accessed under www.sviper.com

2.5 You will not use the App in any way that contradicts or violates the EULA and licensing conditions or other agreements between you and the Stores.

2.6 The relevant Stores are not responsible for the provision of maintenance and support with regard to the App. All claims regarding In-App Purchases, in particular, but not conclusively regarding a warranty for defects or other defaults, must be asserted against us as your contracting partner and not against the Stores. If the App violates third party rights we assume full responsibility to defend against and settle any copyright claims, the Store through which the App was downloaded, is not responsible.

2.7 A download of the App is not permitted if you reside in a country that is subject to an official ban by the government of the USA or which the government of the USA has determined a country that supports terrorism. When you download Mobile Apps via the store, as a User, you therefore assure that
o you do not reside in a country which is subject to an official ban by the US government
o that you are not on any list of “prohibited or restricted parties” as published by the US government.

2.8 The Stores through which you download the App are third-party beneficiaries of this EULA and, as third-party beneficiaries, they are entitled to enforce this EULA against you.

2.9 The User has a non-exclusive right to use the App in a private context. The User might not reproduce the App other than for the purpose of using the same on his own Device. The App may not be made publicly available on the internet. Adaptation, decompiling, disassembly and reverse engineering of the App are prohibited. Soliciting or aiding third parties in such actions is also prohibited. The authorization to use the granted rights expires at the latest with the expiry or termination of this License Agreement.

2.10 Our Services have an availability of 98% on an annual average. Excepted therefrom are times for regular maintenance of the Games which is only possible in an offline mode, and times in which the Games are not available due to force majeure or other problems that are not within our control.

Section 3
Technical prerequisites

The use of the Game is only possible through locally installed software, for the download of the App you need an internet connection. You moreover need an internet connection on your mobile device (“Device”) to play the Game. You bear the costs of the Device as well as the costs of the internet connection. It is your responsibility to maintain your Device in such a manner as to ensure the use of the Game. We do not provide any support in this regard.

Section 4
Scope of content

We provide the Game within the scope of our technical and operational possibilities. All the Games and In-App Purchases we offer are reworked and updated at our discretion to ensure that they remain attractive for the largest possible circle of users. To make sure that all users can take part in the Game, it is essential that all users use the same version of the Game. For this reason, you may use the relevant Game, or In-App Purchases only in the most recent version. We reserve the right to discontinue the operation of the Games or parts thereof without giving reasons.

Section 5
In-App Purchases

5.1 The contract for In-App Purchases is concluded once you click on the button “Buy” or similar within the Store.

5.2 In-App Purchases include the provision of virtual currency (e.g. “Gems”, “Gold”, “Runes”) and the use of game advantages by way of virtual goods.

5.3 Payments for In-App Purchases Apps are processed through the relevant Stores. In this case, the stores’ terms and conditions apply and this EULA applies as far as it does not contradict the Stores’ terms and conditions. The content, features and preconditions of the In-App Purchases apply which are communicated at the time of sale. Prices include VAT, if applicable.

5.4 Users may employ In-App Purchases for a certain duration. In-App Purchases may also be lost during the course of a Game, for example if they are destroyed during gameplay.

5.5 As far as the Games simulate currencies, e.g. “Gold”, “Gems” etc. these are In-App Purchases, not real money.

5.6 As part of adapting and updating the Games we may offer new In-App Purchases or change or completely discontinue existing In-App Purchases for future use of the Games. In the event of such adaptation or cessation, we undertake to give you the opportunity to apply and use In-App Purchases you have purchased within a previously notified deadline. Alternatively, we give the User the option to convert the In-App Purchases you have purchased into a credit that you can use otherwise. In the event that a specific Game is discontinued, you have the right to use those In-App Purchases until the actual date of discontinuation and convert these into a credit, which can then be used for another Game. Further claims on your part are excluded.

5.7 We are entitled to change the prices for In-App Purchases at our discretion.

Section 6
Right of revocation, revocation notice with regard to In-App Purchases

Right of revocation
You have the right to revoke the contract for In-App-Purchases within fourteen days without giving any reasons. The revocation period is fourteen days from the date of conclusion of the contract.

To exercise your right of revocation, you must inform us (Sviper GmbH, Schanzenstr. 12b 20357 Hamburg, email: [email protected], Fax +494065065863) of your decision to cancel this contract with a clear declaration (e.g. a letter sent by mail, fax or e-mail). You can may the wording below to submit your revocation, but you may also use a different wording:

addressed to
Sviper GmbH, Schanzenstraße 12b, 20357 Hamburg, Email: [email protected]

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the
provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Game:
Signature of consumer(s) (only if this form is notified on paper):
Date:

(*) Please delete where inapplicable

To meet the revocation deadline it is sufficient that you send the notification before the end of the revocation deadline stating that you wish to exercise the revocation right.

Consequences of revocation

If you revoke this contract, we shall refund you all payments we received from you without delay and no later than fourteen days from the date on which we received your notification to withdraw from this contract. This refund includes the delivery costs (with the exception of additional costs that were incurred because you chose a different type of delivery than the most cost-efficient standard delivery). For such a refund, we will use the same method of payment you used for your original transaction unless something else has expressly been agreed to with you; you will not be charged a fee for this refund.

End of revocation notice.

Special note regarding the premature expiry of the revocation right:

Your right of revocation ends prematurely if, prior to the expiry of the revocation deadline, the contract has commenced after you, as User, have given your express approval for this and are aware that, as a consequence, you lose your revocation right once the contract has been executed.

Section 7
Term

7.1 This License Agreement is concluded for an indefinite period of time. It can be terminated without cause by either Party at any time. In the case the User made In-App Purchases and such purchases are still in the User’s inventory or are still active, this License Agreement can be terminated without cause by both Parties by giving three (3) months’ notice.

7.2 The right to terminate the License Agreement for cause is unaffected. In the event of a proper termination by cause by either party, you may not demand a refund of the payments you have made when the notice becomes effective. As User, you have the option – until the time the notice becomes effective – to use and use up any In-App Purchases; thereafter you are not entitled to assert any reimbursement claims against us, in particular regarding non-utilized In-App Purchases. Furthermore, any claims for provision of the In-App Purchases cease to exist.

7.3 We are e.g. entitled to terminate the Agreement for cause if there is a violation of Sections 2.2, 2.7, 2.9 or 8 or if you

  • use more than one account at any given time, sell or give away your account, create an account using a false identity or information, or on behalf of someone other than yourself;
  • use the Service if you have previously been removed or been banned by us;
  • use your account for commercial purposes;
  • use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;
  • choose a user name that violates rights of third parties (in particular copyright, personal rights, trademark rights, company rights, etc.) or moral standards, e.g. is disrespectful towards religious orientation of third parties, is racist or discriminatory (we expressly distance ourselves from such behaviour);
  • use an e-mail or internet address as a user name;
  • commit identity theft;
  • threaten, harass, insult third parties or link to such content;
  • publish or link to content which violates moral standards, e.g. discrimination of race, ethnic origin, religion, disability, gender, age, veteran status or sexual orientation;
  • publish or link to content which is political, immoral, pornographic, , offensive, violent, glorifies violence, sexist, right-wing or left-wing or that violates laws, in particular child protection laws;
  • publish or link to advertising or sale of goods or services;
  • violate laws or regulations;
  • violate our intellectual property rights;
  • publish or link to competitions, lotteries, draws, exchange transactions, snowball schemes;
  • duplicate or make publicly accessible an image of another person without the relevant person’s written approval;
  • publish personal data and confidential information without authorization;
  • distribute content that causes damage to networks, servers or other infrastructural components, hampers their operation, or accessing such content (e.g. distribution of worms, Trojans, viruses, spyware, password-phishing, etc.).

Section 8
Manipulation

8.1 You are not entitled to use mechanisms, software, programs or other routines that could disrupt our systems. You may not adopt any measures that could lead to an unreasonable overload of the systems. The use of special software, in particular for the systematic or automatic control of the Games or special game features (Bots, Macros), for the reproduction or evaluation of the Games is not permitted.

8.2 It is prohibited to exploit bugs or faults in the Games’ programming and during gameplay that could represent an advantage for you for personal and/or third party purposes. If you discover any bugs, you shall notify us immediately. As far as you have derived any benefits therefrom, such benefits must be reimbursed to the extent this is possible. Intentionally exploiting bugs or fault, or publishing such exploits on the internet or though mobile applications, can lead to an immediate termination of the License Agreement without notice.

8.3 The use of software which allows data mining or that in any other way collects information associated with the Games is prohibited.

Section 9
Limitation of liability

9.1 As far as our free Services are concerned, we are only liable for defects which have their basis in willful or gross negligence from our side or culpable violation of life, body or health.

9.2 In order to cure defects with regards to In-App Purchases, we are entitled to provide you with an update of the Game.

9.3 We are liable for claims for damages and reimbursement of futile expenses (“claims for damages”) due to an infringement of contractual or extra-contractual obligations only in cases
– of willful intent or gross negligence;
– of culpable violation of life, body, or health;
– of infringement of important contractual obligations which the User may rely on;
– where we assumed an express guarantee of condition and quality;
or based on mandatory statutory liability.

9.4 Claims for damages for the infringement of important contractual obligations are limited to damage typical and foreseeable for contracts.

9.5 The aforementioned liability limitations also apply to the personal liability of our employees, shareholders, representatives, bodies and their members, community manager, moderators, supporters, and vicarious agents.

9.6 The above provisions do not imply a change in the burden of proof to the User’s detriment.

Section 10
Privacy

Information regarding the type, scope, place and purpose of collecting, processing and use of the personal data required for the fulfillment of this License Agreement as well as your rights under data protection law can be found in our Privacy Policy.

Section 11
Online Dispute Resolution

For support of our Games and other game-related inquiries, please contact us via the App.
The European Commission maintains an online dispute resolution (“ODR”) platform for alternative dispute resolution between consumers and online traders (http://ec.europa.eu/consumers/odr). We do not take part in a dispute resolution procedure in front of a consumer arbitration body and are not obliged to do so.

Section 12
Choice of law

This License Agreement is subject to German laws with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the exclusion of the rules on conflict of laws.