Softwareentwicklung Wuest

These are the Terms and Conditions of Softwareentwicklung Wuest, Eltviller Str. 39 65499 Kiedrich, Germany (followingly referred to as Softwareentwicklung Wuest).  In these terms references to "Developer", "we", "us" and "our" are references to Softwareentwicklung Wuest, as well.

1. Scope of application

The terms and conditions of Softwareentwicklung Wuest apply to your download, access and/or use of our apps, that can be downloaded from the Google Playstore, and on any available end devices (end devices like smartphones and tablets etc.). 

Our terms also apply to any other services that we may provide in relation to our Apps, like Social Media (for example Facebook, Twitter, Instagram or YouTube), our website content, customer support, merchandising and other community channels. In these terms all these services collectively are referred to as our “Apps and Services”. These terms are a legal agreement between you and Softwareentwicklung Wuest.

2. About the accessibility in our Apps and Services

These terms and condition and our privacy policy can be found on our website. They are also accessible via our Social Media channels and Apps. By accessing or using our apps you agree to our latest terms and conditions and privacy policy.

3.  About the access to our Services

Accessing our website and Social Media: You agree to our terms and condition, as well as our privacy policy by accessing and using them.

Downloading and using our apps: If you disagree to our terms and conditions and/or our privacy policy, you may not use our Apps and Services. In case you do not agree to our terms and conditions and/or our privacy policy anymore, you have to stop using our Apps and Services immediately.

To use our Apps and Services you agree, that you are at least 13 years old. If you are between 13 and 18 years old, you agree, that your legal guardian has checked the listed conditions and accepts them and agrees with you using our Apps and Services. In case your legal guardian does not agree, you have to stop using our Apps and Services immediately.

If you are epileptic or have similar disease patterns, you should consult a doctor before playing. If you experience symptoms such as eye infections, loss of consciousness, disorientation, cramps, migraines, muscle twitching, fainting, or blurred vision when exposed to flashes of light, flickering lights, or other light stimuli, stop playing immediately and seek medical advice.

Under no circumstances continue playing if you experience symptoms such as headache, tiredness, nausea, dizziness or other physical complaints such as pain in your extremities or sensory organs. If symptoms persist, contact a doctor.

Due to accessing and using our Apps and Services there may be additional internet connection and/or mobile charges, for which you are responsible. For more information about your individual incoming fees, please contact your internet or mobile service provider.

It is possible that our Apps and Services are not available at certain times for technical reasons, maintenance reasons or due to force majeure. We have the right to do maintenance work at any time without having to inform you about it.

We reserve the right to any changes to our Apps and Services as well as discontinuing them at any time. This can be for economic, technical, personal or private reasons. Regardless of provisions to the contrary, you agree and acknowledge that you bear the entire risk of any own losses in connection with the termination of our Apps and Services.

We use the services of Google Ads and Anzu.io (Anzu Limited) within our apps. You are aware that while using our Apps and Services you may come across advertisements that you may find offensive, indecent or objectionable. Under no circumstances will we be liable in any way for such content.

Information regarding privacy can be found in our privacy policy.

User conduct

We have no control over any content that other people publish regarding our Apps and Services (for example via social media). You are aware that while using our Apps and 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 such content. We reserve the right to take action against content that is illegal, harmful, harassing, defamatory, insulting, obscene or otherwise objectionable.

4. In-App-Shop and virtual currency

There are in-app shops in our apps, where you can purchase virtual currencies such as "Nanobots”. You agree that once purchased virtual currencies have no monetary value. These currencies can and may only be used within the app for intended purposes. You agree that the currencies can never be exchanged for real money or real services from us or anyone else. You also agree never to attempt to. The virtual currencies and purchased content are not transferable to others.

You agree that all purchases of virtual currency and content that you buy from us for real money are final and we will not make refunds for transactions once they are completed. A purchase is considered complete when the customer's payment method has been successfully debited with the required amount on the Google server. You agree that your right of withdrawal and cancellation for all purchased currencies and content, that we offer, will expire upon completion of the purchase. The general terms and conditions / terms of use of the respective store provider (for example Google Play Store) apply.

If your device is lost or damaged, or if data is lost within the Google Play Cloud, we can and will not restore virtual money or other data (for example game progress). Since the purchased virtual currencies and your game progress are saved locally on your device  and in the Google Play Cloud as well, you have the option of using a replacement device to restore the currencies you bought and the game progress through the Google Play Cloud Service, in case of losing your device for example. The entire risk of losing virtual money that you have purchased in our in-app shop is transferred to you upon completion of the purchase. By accepting our terms and conditions, you agree to this.

We reserve the right to change prices in our in-app shops.

5. Limitations of Liability

We do not accept liability for specific incidental or consequential damages resulting from the possession, use or malfunction of our Apps and Services. We are not responsible for any loss or damage caused by updates or further development of our Apps and Services. We are also not responsible for any loss or damage that may occur to your devices due to the possession, use or malfunction of our Apps and Services. If you have any concerns or questions, you can contact us at any time (e-mail: softwareentwicklungwuest@gmail.com). This way most issues can be resolved quickly and to the satisfaction of our customers. If no unified solution can be found, you acknowledge and agree that your only right in the event of problems or dissatisfaction with our Apps and Services is to stop using our Apps and Services.

6. Intellectual property

You acknowledge and agree that all copyrights and trademarks are our property.

If you comply with these terms and conditions, you will receive a non-exclusive license for your own private use to access, own and use our Apps and Services. You agree that you will not use our Apps and Services for any other purpose.

We reserve the right to use your progress and scores for evaluations, further development, marketing and Social Media. 

Other than the license granted, you do not acquire any ownership of our Apps and Services.

You are not allowed to intervene in our Apps and Services or to change them, for example to manipulate scores, to use exploits or to illegally make virtual currencies available.

7. Changes to our terms and conditions and privacy policy

We reserve the right to update our terms and conditions and privacy policy if we consider this necessary (for example for technical or legal reasons).

Updated versions of our terms and conditions are published on our website. With each update of our apps, the user agrees to the currently applicable terms and conditions and privacy policy. If you do not agree to the changes to our terms and conditions and / or privacy policy, you agree to immediately stop using our Apps and Services.

 

8. Legal consequences of non-incorporation and ineffectiveness

The basis for assessing the legal consequences of non-compliance and ineffectiveness of our terms and conditions or parts of  them is the German Civil Code (BGB) § 306 "Legal consequences of non-incorporation and ineffectiveness", which applies outside of Germany as well.

 (1) If standard business terms in whole or in part have not become part of the contract or are ineffective, the remainder of the contract remains in effect.

 (2) To the extent that the terms have not become part of the contract or are ineffective, the contents of the contract are determined by the statutory provisions.

 (3) The contract is ineffective if upholding it, even taking into account the alteration provided in subsection (2) above, would be an unreasonable hardship for one party.

9. Violation of our terms and conditions

If we discover a serious violation of our terms and conditions by the user, we reserve the right to delete or block your access to our Apps and Services/your account without limitation by other legal remedies.

By agreeing to these terms and conditions, you agree to compensate us for any damage, claims, costs or losses resulting to your violation of our terms and conditions in accordance with the law.