Terms of Use

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General Terms of Use Gimica GmbH

1. General

1.1. These General Terms of Use (the “Terms“) apply to the mobile applications (“App(s)” or “Service(s)”) provided by Gimica GmbH, Ludwig-Ganghofer-Str. 1, 82031, Grünwald, registered with the German Commercial Register under HRB 236335 (“Gimica GmbH”).

1.2. The precise system requirements and the full scope of functions of each App are found in the product description on the distribution platform used to download the App (“App Store”) and on Gimica GmbH’s website https://www.gimica.com/ (the “Website”).

1.3. Gimica GmbH reserves the rights to continuously expand, update, modify and develop further the Apps. Users can therefore only participate in the Service in its then-current form.

1.4. The Apps offered by Gimica GmbH are intended solely for the purpose of entertainment. The use of the Apps for business or commercial purposes is strictly prohibited.

1.5. The Terms apply to any person (the “User(s)”) using the App. The legal relationship between Gimica GmbH and the User are exclusively governed by the Terms. Other provisions or general terms and conditions of the User that deviate from the Terms shall only apply if Gimica GmbH gives prior written consent to their validity.

1.6. Users may direct questions, complaints or claims with respect to the Apps to: support@gimica.com.

2. Sign up

2.1. By downloading the App from the respective App Store, (i) a user account (“Account”) is created for the User by using the User’s App Store ID and (ii) the User agrees to the Terms as well as data protection regulations of Gimica GmbH which are valid at the time of registration .

2.2. For certain Apps, Users may also register via third-party providers (for example, social networks). For this purpose, the data required for sign up is retrieved from the User's account with the respective third-party provider.

2.3. There is no legal entitlement for using the Services provided by Gimica GmbH. Gimica GmbH has the right to stop or deny any registration without giving any reasons.

2.4. By the time of sign-up, the User must be at least 18 years old and fully contractually capable. In case of doubt, Gimica GmbH is entitled to ask the individual User to submit documentary evidence of age or contractual capability.

2.5. The Account cannot be transferred without the consent of Gimica GmbH.

2.6. The User is entitled at any time to delete the data saved by him/her in his/her Account on the basis of the availability of the online applications. In order to access, modify or delete the data of the User, an e-mail to Dataprotection@justplayapps.com shall be sufficient with the help of the User‘s e-mail address stored in the Account.

3. About the Gaming Apps

3.1. The User can find information about the games of Gimica GmbH, their features, gameplay, functions and system requirements on the Website, on App Stores and on other platforms (“Gaming Apps”).

3.2. Additional game rules or participation requirements may be published on the Website or in the App itself, as applicable.

4. About the JustPlay App for IOS users

4.1. The JustPlay App is an additional offer of Gimica GmbH which complements the Gaming Apps and enables the User to participate in a reward or bonus program for the active use of the Gaming Apps. The User can earn virtual in-game currencies (in the following “Coins”) by playing the Gaming Apps via the JustPlay App which may be redeemed against gift cards, premium payment or other rewards, if the User interacts regularly with third party promotions or advertisements.

4.2. The JustPlay App offers Users the possibility of collecting Coins for the use of the Gaming Apps. The Gaming Apps for which Coins can be collected, the number of Coins which can be earned via the JustPlay App and the time and content limitation of special offers or special campaigns relating to individual Coins and rewards are established solely by Gimica GmbH and can be changed by Gimica GmbH at any time without giving reasons. The User has no legal entitlement in this respect.

5. Redeem Coins in the JustPlay App for IOS users

5.1. Coins achieved by playing games may be redeemed against gift cards, premium payment via Paypal or other rewards. Coins are earned per person and per Apple Advertising ID only. If a User changes his/her Apple Advertising ID or a User creates and/or uses more than one account he/she may be blocked/deleted and his/her Coins forfeited.

5.2. The User can choose the rewards in the rewards shop of the JustPlay App. The User can select any reward provided by Gimica GmbH for which he/she has collected a sufficient number of coins, unless stocks of the selected reward are exhausted. Further, payment may be limited or withheld in case of improper use of the App, in particular in violation of section 12 hereof. Gimica GmbH guarantees no profits to the User. In particular, the User shall not be entitled to be paid a particular reward.

5.3. The User can redeem Coins, subject to the remaining provisions of these Terms by clicking the “Cashout” button in the JustPlay App.

5.4. To redeem Coins the following conditions need to be fulfilled: The User needs a certain minimum amount of Coins to be further specified by Gimica GmbH (“Minimum Amount”). The User has no right to redeem the Coins in the account, and Gimica GmbH has no liability or obligation to offer rewards as long as the User has not accumulated at least the Minimum Amount of Coins in the User account. Further restrictions may apply as set above. Users can redeem their Coins for particular rewards according to an exchange rate established by Gimica GmbH for each reward. The applicable exchange rate is that of the time of the redemption of the coins.

5.5. Welcome Bonus / Sign-Up Bonus / Welcome Credits / Sign-Up Credits: Users can be but don’t have to be entitled to a welcome bonus of a varying amount of “Coins”. The amount can vary based on a range of factors including but not limited to the geographic location of the User. The real money value of these welcome credits may also vary based on a range of factors such as but not limited to the geographic location of the User.

5.6. The actual payout of the sign-up credit is dependent on overall engagement with the App and the reaching of the minimum Coin threshold. The same conditions as for overall payout apply.

5.7. For certain reward options, the User must specify his/her payment details in connection with the payment of the rewards (bank details, e-mail address and user name for his/her online account, if necessary).

5.8. The User’s request for redemption of Coins will usually be processed within 20 business days (Berlin, Germany) after the receipt of the request, provided that the User has used the App according to the full Terms of Gimica GmbH. Extraordinary circumstances may cause the transfer to take longer than 14 days. Gimica GmbH fully reserves this right.

5.9. Gimica GmbH also reserves the right to require further information from the Users to ensure that they are not fraudulently using Coins or other items. Gimica GmbH reserves the right to place any exchange of Coins in real prizes on hold / stop, for whatever reason, until the requested information has been made available by the User. A sufficient time is given to the User to provide the required information. If the User does not submit the required information, his/her account can be blocked until all requested information has been submitted. If any fraud or other breach of the Terms is detected, Gimica GmbH reserves the right to take further legal action against this person.

5.10. Coins expire automatically one year after they have been credited to the User’s Account, unless they have been previously redeemed against rewards.

6. User fees; In-app Purchases

6.1. The use of the Apps is free of charge. Gimica GmbH reserves the right to charge fees in the future for individual features. This may occur in particular, though not exclusively, for the activation of additional features within the respective App. Users will be informed separately about the features available for purchase, especially which function each feature provides, the duration of availability of the feature for purchase (if applicable), the purchase price and the available payment methods in connection with the App.

6.2. In case of In-app purchases, money is collected via the respective App Store. The general conditions of the App Store and, in individual cases, the general terms and conditions included by the authorized service provider may be applicable in addition to the general terms and conditions of Gimica GmbH.

6.3. After completion of the payment process or, in the case of a transfer, after the receipt of the money of Gimica GmbH, Gimica GmbH shall credit the purchased features to the User's Account.

AS A CONSUMER THE USER HAS A RIGHT TO WITHDRAW FROM AN AGREEMENT REGARDING AN IN-APP PURCHASE IN ACCORDANCE WITH THE STATUTORY PROVISIONS AS SHOWN AT THE END OF THESE TERMS.

7. Rights of use

7.1. The User’s rights are exclusively described in this Terms.

7.2. Gimica GmbH grants the User a non-exclusive, non-transferable and non-sublicensable right of use for private use with respect to the respective App for the duration of the contract. The App may not be reproduced, distributed, publicly performed, broadcast or made publicly accessible on the Internet or via a network, edited or stored on data carriers. Decompilation, disassembly and reverse engineering shall be prohibited, unless expressly permitted by law.

7.3. In general all content, information, pictures, videos, databases are protected by copyright and are ordinarily owned or licenced by Gimica GmbH.

7.4. All content of the App must be used for private purposes only. The User must not use or duplicate any content for commercial purposes. Forwarding content is not allowed without the explicit consent of Gimica GmbH.

8. Advertisement and Product Promotion

8.1. Entirely at its own discretion, and subject only to its editorial policy for each App, Gimica GmbH may display certain third party products and/or services by inserting promotional links, advertising banners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of its choice.

8.2. Gimica GmbH is not responsible for the third party products or services displayed.

9. User data

9.1. Gimica GmbH collects and uses data provided by the User for the purpose of processing the User contract made between the User and Gimica GmbH.

9.2. Gimica GmbH’s data privacy statement can be accessed in the applicable App Store page by using the button “Privacy Policy“ or on the Website.

10. Availability

10.1. Online services provided are usually available 24 hours a day. Gimica GmbH provides no guarantee that the App and the services and functions operate properly and are available without interruption and errors at all times. The User must him-/herself ensure an adequate Internet connection. The User is aware that, like any other software, the games and services can never be completely free of errors. The User is responsible him-/herself for the fulfillment of the system requirements necessary for the use of the App, particularly with respect to the operating system used by it. However, Gimica GmbH shall make every effort, within the limits of what is commercially reasonable, to enable the operation of the App without interruptions or errors at all times.

10.2. Gimica GmbH can restrict the availability of and access to the App and services and functions in particular insofar as the security of the network operation and the maintenance of the network integrity, particularly the need to avoid serious disruptions of the network, the software or stored data, requires this. Gimica GmbH tries to keep these disruptions on a low level.

10.3. Gimica GmbH is not obliged to provide updates or upgrades for the App or to otherwise modify the App in line with possible changes made to hardware and/or software (particularly operating systems).

11. Liability

11.1. Liability of Gimica GmbH on damages by or in connection with the execution of contractual obligations shall be excluded. The limitation of liability shall not apply to

● damages arising out of death, injury to body or health;

● damages due to a neglect of duty by Gimica GmbH concerning essential contractual rights and obligations, which are absolutely necessary for a proper execution of the contract, and which might endanger the fulfilment of the contractual purpose (material contractual obligations). In that case, however, liability shall be limited to typical and foreseeable damages;

● damages caused deliberately or due to gross negligence by Gimica GmbH;

● liability according to the Product Liability Act;

● liability in the case of the acceptance of a guarantee.

11.2. An exemption from liability as well as limitations of liability of Gimica GmbH shall also apply to the legal representatives and assistants of Gimica GmbH.

11.3. Gimica GmbH shall not be deemed liable for damages due to labor disputes and/ or force majeure.

11.4. Gimica GmbH recommends that Users regularly backup their data in order to avoid unnecessary damages.

11.5. Contrary to clause 10.1 above, the following shall apply for Services provided by Gimica GmbH free of charge:

● Gimica GmbH shall not be obligated to remedy a defect;

● If the User has suffered harm from a defect, Gimica GmbH shall owe damages only if the defect was willfully concealed by Gimica GmbH. Otherwise, Just Play GmbH's liability shall be limited to intention and gross negligence.

12. User’s obligations and warranties

12.1. The User must use the range of Services properly. In particular, he/she is obliged to keep his/her password for the access confidential and must not pass it on to third parties. Furthermore, he/she must not tolerate any acknowledgement regarding this information. The User will take the necessary measures to ensure confidentiality and notify the Gimica GmbH in case of misuse or loss of this information or any suspicion of that.

12.2. The User shall be obliged to provide information properly, fully and truthfully which are needed for providing the Services as well as immediately and truthfully inform Gimica GmbH via e-mail to support@gimica.com on any changes of his/her data or, if possible, change these directly within his/her Account.

12.3. The User may only set up one Account in the App (“prohibition of multi-accounts”). In particular, one Account must not be used to obtain benefits for another account of the same User, for example through the transfer of items or Coins within the game from one account to another account of the same User (“prohibition of pushing”).

12.4. The use of the App is only permitted through tools provided or explicitly permitted by Gimica GmbH (“prohibition of the use of unauthorized scripts”). This entails, in particular, that the use of programs which generate an excessive load on the server is not permitted. The use of software to systematically or automatically control the App or individual game functions (bots, macros) or for the reproduction or analysis of the games, game elements or the content uploaded into the App is not permitted. Information provided by a User regarding his/her location must be true and accurate.

12.5. The User represents and warrants that:

● the User is not located in a country that is subject to an embargo by the U.S. Government or that has been designated by the U.S. Government as a “terrorist supporting” region; and

● the User is not listed on any U.S. Government list of prohibited or restricted parties.

13. Contract duration, Blocking access / Termination of contract

13.1. Unless stated otherwise for a particular App, the contract for the use of the Apps and other service offerings runs for an indefinite period. The contract begins upon activation of an Account by Gimica GmbH.

13.2. The contract may be terminated at any time by either party at the respective party’s sole discretion. Termination by the User may be executed by deleting his/her Account and is effective immediately. Termination by Gimica GmbH shall become effective after fourteen days. In case of termination by Gimica GmbH, Gimica GmbH does not undertake any risks of loss associated with the termination of Services.

13.3. In the event of suspected improper use or fundamental breach by a Use, Gimica GmbH reserves the right to pursue these operations, to take appropriate precautions, and to terminate the User’s access at a reasonable suspicion. If these suspicions can be terminated, the blocking will be cleared. Otherwise, Gimica GmbH has an extraordinary right to terminate the Account. Any breach of the Terms may also result in the cancellation of all purchased or received goods, as well as all other applicable legal claims.

13.4. If Users have been blocked or excluded, they may not log in to a service provided by Gimica GmbH without the prior consent of Gimica GmbH.

14. Alternative settlements of disputes

The European Commission provides a platform for an online settlement of disputes which can be accessed under http://ec.europa.eu/consumers/odr/. Gimica GmbH is neither obliged to take part in alternative dispute resolutions before a consumer dispute settlement commission nor will do so voluntarily.

15. Adjustments

15.1. Gimica GmbH has the right to change the terms and conditions towards the Users with future effect at any time and draw his/her attention to them by posting them on its Website or in the App (in the form of an in-app message). The respective change will take effect when the respective User does not object the new Terms within four weeks via e-mail to support@gimica.com. Sending the objection in due time shall be relevant for the compliance with the stipulated four-week period. Alternatively, the intended modification may also be announced in form of an e-mail. Gimica GmbH will inform on these consequences in its respective message.

15.2. In case the User objects to the modification within the four-week period, Gimica GmbH shall be entitled to cancel the contract with immediate effect, without the User having any claims against Gimica GmbH. If the contractual relationship after the effective objection by the User continues, the previous terms and conditions shall remain in force.

16. Final Provisions

16.1. In case individual provisions in the Terms including this provision are to become invalid, or in case of gaps arising in these Terms, the validity of all other provisions will not be deemed affected thereby. Instead of the ineffective provision or for replenishment of gaps, an adequate provision will apply. In case this may constitute an unreasonable hardship for one of the contracting parties, the contract shall become ineffective as a whole.

16.2. This contract and its interpretation are subject to the jurisdiction of the Federal Republic of Germany, to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods. Any statutory provisions on the limitation of the choice of law as well as the applicability of mandatory laws especially by the state, in which the User as consumer has his/her usual place of residence, shall not be deemed affected.

16.3. Place of jurisdiction for each and any legal dispute arising from or being in connection with this contract shall be court of competent jurisdiction for Gimica GmbH to the extent permitted by and compatible with the law.

- Instruction On Withdrawal –

In case of an in-app purchase as further set out in section 5 of the Terms (each a contract), each of these Contracts is governed by the following right of withdrawal.

Right of withdrawal:

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us to:

Gimica GmbH

Ludwig-Ganghofer-Str. 1, 82031, Grünwald

Email: support@gimica.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form add link to form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Information

Your right to withdraw from the contract expires prematurely if the Services were initiated by us to you only after you as consumer have expressly agreed that we shall commence with the execution of the contract before expiry of the withdrawal period, and at the same time have confirmed your knowledge of the fact that you lose your right to withdraw from the contract with the beginning of the execution of the contract.

If the contract concerns the supply of digital content which is not supplied on a tangible medium your right of withdrawal expires if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.

- End of instruction on withdrawal -

Model withdrawal form:

(complete and return this form only if you wish to withdraw from the contract)