1. About these Terms and Conditions

1.1. These terms and conditions create a legal contract between you ("you" or "your") and AppBude ("we", "us" or "our") with the business address Jahnstraße 5c, 79539 Lörrach, Germany. The Agreement applies to our games made available through the Google Play Store (collectively, the "Game" or the "Games"), our website www.appbude.de (the "Website") and any related services (together with the Games and the Website, the "Services"). You accept that you agree to these Terms and Conditions and our Privacy Policy when you access and/or use our Services (see Section 10).

1.2. You warrant that you are at least 13 years of age and, if you are between the ages of 13 and 18, that your legal guardian has reviewed these Terms and Conditions and allows you to access and/or use our Games.

1.3. You can view these terms and conditions at any time under appbude.de/pages/games-terms.html. We may make changes to these Terms at any time in accordance with Section 14, and your continued use of the Services thereafter will be construed as your acceptance of the updated Terms and Conditions.

2. About access to and use of our Services

2.1. The specific game rules, scoring rules, controls and guidelines for each game can be found in the game itself. These rules, scoring rules, controls and guidelines form part of these Terms and Conditions, and you agree to abide by them in connection with each individual game you access or play.

2.2. You are responsible for any internet connection and/ormobilecharges incurred when accessing and/or using our Services. If you're not sure what these fees are, check with your carrier before accessing and/or using our services.

2.3. We have the right, from time to time, without liability to you, to cancel or amend one or more of our Games or any other part of our Services (in whole or in part): 

• for technical reasons (e.g. technical difficulties on our site or with the Internet);
• to improve the user experience;
• where there is a legal reason to do so (including privacy or other legal objections to the content or conduct of our games or services);
• if it is no longer commercially viable for us to provide the relevant Game or Service; or
• if we have changed the services we offer.

2.4. It may also happen that our services or parts of our services are unavailable at certain times for technical or maintenance reasons – planned or unplanned.

3. Accounts

3.1. You agree to take all necessary measures to protect and maintain the confidentiality of your login details. You agree that you will not share your login information with any third party or allow any third party to use your login information or account. For the purposes of these Terms and Conditions, "Registration Data" and "Account" also refer to your login details and account for social networks or platforms that you allow to interact with our Services.

3.2. If you do not keep your login details secret or if you share your login details or account with third parties (whether intentionally or unintentionally), you accept full responsibility for the resulting consequences (including any unauthorized purchases) and agree to fully indemnify us for any loss or damage incurred as a result.

3.3. We have no responsibility to you for any losses you may incur as a result of an unauthorized person accessing your account and/or using our Services, and we accept no responsibility for any loss or damage arising from unauthorized use, whether fraudulent or otherwise.

3.4. We reserve the right to delete your account if you do not engage in any activity related to the account for 180 days or more. In this case, you may no longer be able to access and/or use the Virtual Money and/or Virtual Goods (as defined below) associated with this account and you will not receive a refund in connection therewith.

3.5. You understand that if you delete your account or if we delete your account in accordance with these Terms and Conditions, you may lose access to any data previously associated with your account (including, but not limited to, the level or score you have achieved in our games, as well as any Virtual Funds and Goods, that are linked to your account).

4. Virtual Goods and Virtual Money

4.1. Our Games may include virtual currencies such as Coins, Jewels, Gold and Experience Points ("Virtual Money") or items or services for use in our Games ("Virtual Goods"). If you are at least 18 years old, you can purchase virtual money for real money from us. If you are over 18 years of age, you can also purchase Virtual Goods for real money and/or other credits. You accept that Virtual Money and Virtual Goods can never be exchanged for real money, real goods or real services from us or others. You also agree that you will only purchase Virtual Money and/or Virtual Goods from us and not from third parties.

4.2. You are not the owner of Virtual Goods and Virtual Money, but you acquire a limited personal, revocable license to use them - a balance of Virtual Goods or Virtual Money does not reflect any stored value.

4.3. You agree that all sales of Virtual Funds and Virtual Goods from us to you are final and we will not provide refunds for transactions once completed. If you are a resident of the European Union, you have certain rights to withdraw from distance purchases. Please note, however, that if you purchase a license to use Virtual Goods or Virtual Money from us, the provision of our Services will begin immediately upon completion of your purchase, so your right of withdrawal will expire at that time.

4.4. If you are a resident of the European Union, you will receive a VAT invoice if you request it or if the law requires it. You agree that these invoices may be in electronic format.

4.5. We reserve the right to control, regulate, modify or remove any Virtual Funds or Virtual Goods without liability to you.

4.6. Without limiting the validity of clause 3.5, if we suspend or close your account in accordance with clause 7 of these Terms and Conditions, you will lose all Virtual Funds and Virtual Goods and we will not compensate you for such loss and will not provide you with a refund to you.

5. User Behavior and Content

5.1 You must comply with the laws of the location from which you are accessing our Services. If applicable laws restrict your right to use our Services, you must comply with such legal restrictions or, if applicable, stop accessing and/or using our Services.

5.2. You warrant that all information you provide to us when accessing and/or using our Services is and will remain true, accurate and complete at all times.

5.3. Information, data, software, sounds, photographs, graphics, videos, tags, and other materials may be sent, uploaded, communicated, transmitted, or otherwise made available through our Services by you or other users ("Content"). You understand and agree that any content sent to you when you use our Services, whether publicly or privately posted, is the sole responsibility of the person who sent the content. This means that you, not us, are fully responsible for any content you upload, communicate, transmit, or otherwise make available through our Services.

5.4. You agree not to upload, communicate, transmit or otherwise make available the following content: 

• Content that is unlawful, harmful, harassing, defamatory, abusive, obscene or otherwise objectionable or could reasonably be considered to be;
• Content that violates or could reasonably be considered to violate the privacy of any third party;
• Content that could or could reasonably be considered to incite violence or racial or ethnic prejudice;
• Content that you are not legally permitted to provide (e.g., inside information, information belonging to others, or confidential information);
• Content that infringes the intellectual property rights of third parties or other proprietary rights of third parties;
• Content in the form of unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
• Content that contains software viruses or any other type of computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or means of telecommunications.

5.5. You agree that you will refrain from: 

• use our Services to hurt or insult or harass any person;
• create more than one account per platform to access our Services;
• use another person's or entity's login credentials to sign you up to use our Services;
• use our Services for any fraudulent or abusive purpose (including, but not limited to, using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with any person, business, or our Services);
• disguise, anonymize or hide your IP address or the source of any content you may upload;
• use our Services for commercial or corporate purposes or for the benefit of third parties or to send unsolicited communications;
• remove any proprietary notices or other proprietary information from our Games or any other part of our Services;
• interfere with or disrupt our Services or the servers or networks that provide our Services;
• attempt to decompile, reverse engineer, disassemble, or hack our Services, or decrypt or circumvent our encryption technologies or security measures, or any data transmitted, processed, or stored by us;
• "harvest" or "scrape" information about other individuals who use our Services, including, but not limited to, personal data or information (e.g., by uploading programs that collect information, including but not limited to "pixel tag" cookies, graphics interchange formats (GIFs), or similar elements, sometimes referred to as "spyware" or "passive collection mechanisms" (PCMs);
• sell, transfer, or attempt to sell or transfer any account with us, in whole or in part, including Virtual Funds or Virtual Goods;
• interrupt the normal course of a game or behave in any other way that interferes with fair competition among other players when playing our games or in real-time communication;
• disobey any requirements or regulations of any network connected to our Services;
• violate any applicable law or regulation by using our Services;
• use our Services to defraud, plan or facilitate fraud (e.g., by using machine tools or third-party software to gamble) or otherwise circumvent technological measures designed to control access to our Services or the elements of our Services, or otherwise act in any way; that reasonably constitutes unfair conduct or violates these Terms and Conditions; or
• use our Services in any other way not permitted by these Terms and Conditions. If you believe that someone else is not complying with these Terms, please contact us at the following address: support@appbude.de.

5.6. We have no control over content posted on our Services by other people, and therefore we do not guarantee the accuracy, completeness or quality of such content. You understand that when using our Services, you may come across content that you may find offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through our Services.

5.7. We have the right to remove uploaded content from our Services if we determine, in our sole discretion, that the content is based on a violation of any part of these Terms and Conditions or that it could damage our reputation or the reputation of our Services. We reserve the right to monitor any content and review it for violations of these Terms. However, you acknowledge that we do not necessarily actively monitor or make any representations about content uploaded by users of our Services.

5.8. You are solely responsible for your interactions with other users of our Services.

6. Play games with other users

6.1. Some of our games allow you to play against an opponent or play together with other users. You may be able to (i) choose to play against or together with an opponent or with another user we select for you, or (ii) play against or together with one of your contacts on a platform or social network whose interaction with our games you have allowed. In some of our games, you can also search for your friends (e.g. by email address) to play against them or together with them. We can also display the display names of your previous opponents, so you can easily find them and play with them again.

6.2. If we select another user for you, we may either randomly select the opponent or use criteria that we deem appropriate to select your opponent (for example, your previous scores, your location, or levels you have reached in the game).

6.3. When you access or play games from us that allow you to play against an opponent or with others, you agree that your display name, scores, and other related details may be displayed to other players. You also understand and agree that other players can find you by searching for you through their friend lists.

7. Your violation of these terms and conditions

7.1. We reserve the right to suspend or terminate your access to our Services (including by deleting your account) if we reasonably believe that you have committed a material breach of these Terms and Conditions (including through repeated minor violations). Violations of Sections 5.4 or 5.5 will generally be considered material violations without limitation.

7.2. You agree to indemnify us in accordance with the law for all losses, damages, claims and costs that may arise as a result of your breach of these terms and conditions.

8. Exclusion and waiver

8.1. We accept liability for death or personal injury resulting from our negligence or the negligence of our employees or agents, as well as for any loss or damage caused by fraud by us or our agents, and for any other cause of liability which cannot be excluded by law.

8.2. For any loss or damage (other than those mentioned in clause 8.1) in any 12-month period, we will only be responsible for such loss and damage that is reasonably a foreseeable consequence of our negligence or breach of these terms and conditions, up to the value of the amount you paid us in the 100 days prior to the date of your claim. Loss or damage is foreseeable if it was foreseeable by us or you at the time you agreed to these terms and conditions.

8.3. We are not responsible for: 

• any loss or damage that does not result from our breach of these terms and conditions or from our negligence; or
• Loss or damage that cannot reasonably be foreseen by you or us at the time you agree to these terms and conditions, including losses incurred as a by-product of foreseeable losses. This may include, but is not limited to, loss of data, loss of opportunity, service interruption, failure of computers or other equipment, or financial loss;
• any increase in loss or damage resulting from any breach by you of these Terms and Conditions; or
• technical failures or the unavailability of our website, games and/or social media channels to the extent that they are beyond our reasonable control.

8.4. We provide our Services with the same skill and care as other comparable providers of websites or games, but you acknowledge that your sole remedy for any problems or dissatisfaction with our Services is to discontinue use of our Services, and that we accept no responsibility or liability for any interruptions or errors that occur while you are accessing our Services.

8.5. Any additional legal rights to which you are entitled as a consumer remain unaffected by these terms and conditions.

9. Intellectual property

9.1. You acknowledge that all copyright, trademark, and other intellectual property rights in and in connection with our Services (excluding content contributed and owned by players) are owned by or licensed to us.

9.2. Subject to your compliance with these Terms and Conditions, we grant you a non-exclusive, non-transferable, personal, revocable, limited license to access and/or use our Services (but not for related objects and source code) for your own personal use, provided that such use is in accordance with these Terms and Conditions. You agree not to use our Services for any other purpose.

9.3. You may not copy, distribute, make available to the public, or create derivative works from our Services, in whole or in part, without our prior written consent.

9.4. In particular, and without limiting the validity of Section 9.3, you may not provide any cheats or technological measures to control access to our Services or any elements thereof, including access to Virtual Funds and/or Virtual Goods, whether on a free basis or otherwise.

9.5. In the course of transmitting Content (as defined in Section 5.3) through our Services: 

• you warrant that you have full authority to do so;
• you grant us the right to edit, adapt, publish and use your Submission and any derivative works we may create from it, in any and all media (whether now existing or hereafter developed), for any purpose, permanently and without payment to you;
• you acknowledge that you may have the so-called "moral right" to the content, such as the right to be credited as the author of your entry and the right not to have your work subject to derogatory judgment. You agree to waive your moral rights in the Content; and
• you agree that we have no obligation to review or protect your rights to any content you send to us; however, you give us the right to pursue your claims in such content if we so choose, including, but not limited to, taking legal action (at our expense) on your behalf.

9.6. You may not copy, distribute, make publicly available, or create derivative works from any content that belongs to other users of our Services. If you believe that your intellectual property rights have been infringed by someone else over the Internet, you can contact us by emailing the following information to support@appbude.de: 

• a description of the intellectual property rights and an explanation of how they have been infringed;
• a description of the location where the infringing material is found;
• your address, phone number, and email address;
• a statement by you, made under penalty of penalty of law, that (i) you have a good faith belief that the disputed use of the material in which you have intellectual property rights has not been authorized, and (ii) that the information you provide is true and correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; act; and
• a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right allegedly infringed.

10. Privacy

10.1. We collect, process, use and share your personal information solely in accordance with our Privacy Policy, which can be viewed at appbude.de/pages/games-terms.html. By using our Services, you give us your consent to collect, process, use, and share your personal information in this way. If you do not agree to our Privacy Policy, you should not access and/or use our Services.

10.2. Any personal information we may collect may also be subject to the policies of social networks that you may agree to link to our Services. When you play our games and agree to them interacting with a social network, you give us permission to use your email address and any other personal information that the relevant social network shares with us that allows us to personally identify you. In addition, you give us permission to help your contacts in this network find you so that you can play with your social contacts. This is to make our games more fun for you and other people who play our games on the social network. If you do not agree to this practice, you should not allow our games to interact with your social network.

10.3. We may use cookies or similar technologies (e.g., HTML5 Local Storage) to store certain types of information each time you use our Services. They can be used, for example, to help us recognize your computer and ensure that your account is accessed by the person who enters the correct player name and password for that account. Please see our Privacy Policy for more information about how we use cookies or similar technologies.

11. Links

We may provide links to third-party websites or services on our Services. You understand that we make no promises or endorsement of the content, goods or services provided by such third parties. In addition, we will not be responsible to you for any loss or damage caused by such third parties. You are responsible for any costs you incur in connection with such third parties. You understand that you are providing your information to third parties in accordance with their Privacy Policy (if applicable) and that our own Privacy Policy does not apply in connection with such information.

12. Transfer of these Terms and Conditions

We may wish to transfer all or part of our rights or obligations under these terms and conditions to a third party without obtaining your consent. You agree that we have the right to do so, provided that the transfer does not result in any significant disadvantages for you. You may not transfer any of the rights we grant you under these Terms and Conditions unless we have first given our written consent to do so.

13. Entire agreement

These Terms and Conditions constitute the entire agreement between you and us with respect to our Services, and they supersede all prior agreements and understandings between you and us.

14. Changes to these Terms and Conditions

You can view these terms and conditions at any time under appbude.de/pages/games-terms.html. We reserve the right to update these Terms and Conditions from time to time by posting updated versions at this address. We may do this if we change the nature of our products or services for technical or legal reasons, or because our business needs have changed. You agree that if you do not agree with any change to our Terms and Conditions, you will immediately stop accessing and/or using our Services.

15. Severability clause

If any part of these Terms and Conditions is found to be invalid or unenforceable under local laws or by a court of competent jurisdiction, that part shall be construed in accordance with applicable laws to reflect, as far as possible, our original intentions, and the remainder of these Terms and Conditions shall remain valid and enforceable.

16. No waiver of our rights

If we fail to exercise or enforce any of our rights under these Terms and Conditions, this shall not constitute a waiver of our assertion of that right. Any waiver of such rights will only be valid if in writing and signed by us.

17. Complaints and dispute resolution

Most issues can be resolved quickly by contacting us at support@appbude.de. If, contrary to expectations, we are unable to resolve your issues and you wish to bring legal proceedings against us, these Terms and Conditions shall be governed by and construed in accordance with the laws of Germany.

Last updated on July 19, 2023