General Terms and Conditions
Last updated: 19.06.2025
​1. General
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1.1. These General Terms and Conditions (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 commercial register of the local court of Munich under HRB 288422 (“Gimica”).
1.2. The precise system requirements and the full scope of functions of each App are provided in the product description on the distribution platform used to download the App (“App Store”) and on Gimica’s website https://www.gimica.com/ (the “Website”).
1.6. Users may direct questions, complaints, or claims related to our Apps through the in-app communication channel or via email at customer-support@gimica.com.
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2. Sign up
2.1. By downloading and opening an 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 thereby agrees to the Terms as well as to the privacy policy of Gimica which is valid at the time of registration and available on our Website or within the Apps.
2.2. For certain Apps, Users may also register via third-party providers (e.g., social networks), in which case the data required for registration will be retrieved from the User's account with the respective third-party provider.
2.3. There is no legal entitlement to use the Services provided by Gimica. Gimica reserves the right to refuse or cancel any registration at its discretion, without providing reasons.
2.4. At the time of first usage, the User must be at least 18 years old and fully contractually capable. In case of doubt, Gimica is entitled to ask the individual User to submit documentary evidence of age or contractual capability.
2.5. The Account cannot be transferred to another User without the consent of Gimica.
2.6. The User may request deletion of the data stored in their Account at any time. To access, modify, or delete their data, the User must send an email to dataprotection@justplayapps.com from the email address associated with their Account.
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3. About the Gimica's games
3.1. The User can find information about the Apps which contain games offered by Gimica, their features, gameplay, functions and system requirements on the Website, on App Stores and on other platforms.
3.2. Additional game rules or participation requirements may be published on the Website or in the Apps itself, as applicable.
4. About the JustPlay App for iOS users
4.1. The “JustPlay App” is a mobile application available for download via the Google Play Store and the Apple App Store. For avoidance of doubt, the version of the JustPlay App made available via the Apple App Store is provided and operated by Gimica GmbH. As such, Gimica acts as the provider and contractual partner in relation to Users accessing and using the JustPlay App on Apple devices (iOS).
4.2. The JustPlay App complements certain gaming applications of Gimica or third parties (the “Gaming Apps”) and enables the User to participate in a reward or bonus program for the active use of those Gaming Apps. The User can earn virtual in-game currencies (“Coins”) by playing the Gaming Apps via the JustPlay App and by interacting with third-party promotions or advertisements. Coins will generate Rewards as outlined below, which can then be redeemed in accordance with the provisions herein.
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5. Dual Platform Provider Note
5.1. For the purposes of clarity, Gimica acts as the service provider under these Terms with respect to:
â– All Gimica-developed mobile Gaming Apps, regardless of whether they are distributed via the Google Play Store or the Apple App Store; and
â– The JustPlay App as distributed via the Apple App Store.
5.2. In contrast, the JustPlay App as distributed via the Google Play Store remains the responsibility of JustPlay GmbH, which acts as the provider and contractual partner for Android-based users of the JustPlay App.
5.3. Accordingly, Users accessing the JustPlay App via an Apple device (iOS) enter into a contractual relationship exclusively with Gimica GmbH, and all data processing, customer support, and legal obligations in connection with such use fall within the scope of responsibility of Gimica.
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6. Regular Challenges within the JustPlay App
6.1. Within the JustPlay App, we offer regular challenges, often on a daily basis, in which eligible Users can complete in-game tasks (collectively, the “Challenges”).
6.2. Each challenge consists of objectives that must be completed by performing specific in-game tasks during a specified time period (“Challenge Period”), as described in the App and Challenge tutorials. A participant receives rewards for a Challenge (“Challenge Rewards”) after completing all of its objectives within the respective Challenge Period. Each Challenge may be completed only once per User, but Users may complete multiple Challenges per day if available. After completing a Challenge, the corresponding Challenge Rewards will be credited to the User’s general Rewards balance and can be redeemed through the JustPlay App as stipulated below.
6.3. The Challenge Rewards awarded for completing a Challenge may vary between Users and depend on the specific Challenge, time spent in the JustPlay App and Preset Gaming Apps, completed Challenge objectives, and other factors. The Challenge Rewards each User receives for completing a Challenge will be displayed when the Coins earned are converted into redeemable Rewards, as outlined below.
6. Sweepstakes, lotteries and other special events or promotions
7.1. From time to time, Gimica will sponsor and offer special events like sweepstakes, lotteries, spin-to-win features and/or other special events and promotions (collectively, the “Promotions”) in the JustPlay App, which may offer certain jackpots, winning amounts, increased Rewards or other prizes to randomly selected winners.
7.2. Promotions are open only to participants who are at least 18 years old at the time of entry. Participation in the Promotion constitutes the participant’s full and unconditional agreement to the respective terms and conditions of the Promotion and to Gimica’s decisions, which are final and binding in all matters related to the Promotion. Winning a Reward or prize in a Promotion is contingent upon fulfilling all requirements set out in the applicable terms and conditions. Gimica reserves the right to verify the eligibility of participants.
7.3. In addition to the eligibility requirements provided above, employees, officers, and directors of Gimica or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win the Promotions.
7.4. Subject to the applicable terms and conditions, “Potential Winners” will typically be selected either through a random drawing from among all eligible global participants or via an automated random selection feature within the JustPlay App. The odds of winning generally depend on the number of eligible Users participating and may also be influenced by factors such as time spent in the App or participation in specific activities.
7.5. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY Gimica WHOSE DECISIONS IN ALL MATTERS RELATED TO THE PROMOTION ARE FINAL AND BINDING. A USER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL USER'S ELIGIBILITY HAS BEEN VERIFIED AND USER HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
7.6. Potential Winners will be notified via direct message in the App and/or email within five (5) days. Except where legally prohibited, Potential Winners may be required to complete a declaration of eligibility and a liability and publicity release to claim their prize.
7.7. If a Potential Winner fails to respond, accept the prize via PayPal or another designated payout provider, or comply with the other requirements within thirty (30) days, Gimica may disqualify that User at its sole discretion. In such cases, Gimica may select an alternate winner from among the remaining eligible and participating Users. Only three (3) alternate drawings will be held. Any remaining prizes thereafter will be forfeited.
7.8. After completing all required steps and successfully verifying eligibility, the Potential Winner will be declared an official Winner of the respective Promotion.
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8. Redeem Coins in the JustPlay App for iOS users
8.1. Coins earned through playing the Preset Gaming Apps will be periodically converted into real currency amounts (“Rewards”) during defined cash-out periods and may then be redeemed for gift cards, vouchers, other rewards, or cash payments via PayPal or other supported payment providers. Coins and/or the resulting Rewards are assigned to an individual User, identified by the advertising ID linked to their mobile device. If a User changes their advertising ID and/or creates/uses more than one account, they may be blocked or deleted, and any accumulated Coins or Rewards may be forfeited. The currency in which Rewards are displayed may vary depending on the User’s place of residence.
8.2. The User may choose their preferred method of collecting Rewards from among the available cash-out options provided by Gimica within the designated section of the App. Available options may vary based on the User’s location and/or the amount to be redeemed. The Reward collection/cash-out may be limited or withheld in case of improper or fraudulent use of the JustPlay App, in particular in violation of section 14 hereof. Gimica does not guarantee profits or specific payouts. Coin and Reward calculations depend on a range of usage-based factors and are awarded at Gimica’s sole discretion. Gimica guarantees no profits to the User. In particular, the User shall not be entitled to be paid a particular or defined Reward.
8.3. The User can redeem Rewards, subject to the remaining provisions of these Terms, by clicking the “Cash Out” button in the JustPlay App.
8.4. To redeem Rewards, there is usually no minimum threshold. JustPlay reserves the right to determine that the User must have reached a minimum threshold (“Minimum Amount”), e.g. for special Promotions, etc. In such case, the User has no entitlement to redeem the Rewards in their account until the specified Minimum Amount has been reached. JustPlay has no liability or obligation to offer redemption of Rewards until that condition is met.
8.5. Welcome Bonus / Sign-Up Bonus / Welcome Credits / Sign-Up Credits: Users may receive a welcome bonus (“Welcome Coins”), the amount of which may vary depending on a range of factors such as geographic location. There is no guaranteed entitlement to a welcome bonus.
8.6. The conversion of Welcome Coins into Rewards shall depend on the User’s overall engagement with the App and reaching a minimum Rewards threshold. The same payout conditions that apply to regular Rewards also apply here.
8.7. For certain reward options, the User must provide payment details (e.g. email address or Username for their payment provider account) to receive Rewards.
8.8. As a precaution against fraud, the User may be asked, particularly when redeeming Coins for the first time, to complete an automated face-scan using their device’s camera to verify that they are a real person. Face-scan data will not be shared with third parties and will be stored by Gimica only for a limited time, in accordance with our privacy policy.
8.9. Reward redemption requests are usually processed immediately, but in rare cases may take up to five business days (Berlin time) after receipt, provided the User has complied with these Terms. Extraordinary circumstances or delays on behalf of the chosen payment provider may cause the transfer to take longer.
8.10. In order to prevent fraudulent use of the App, Gimica may impose a minimum activity requirement of three hours of gameplay or App usage before permitting any Reward redemption.
8.11. Gimica reserves the right to require further information from the Users to ensure that they are not fraudulently collecting, exchanging or redeeming Coins, Rewards or other items and may place any Reward redemption or cash-out on hold until the requested information has been provided by the User within a reasonable timeframe. If the User fails to provide the requested information, their account may be blocked until all required details are submitted. In the event of fraud or any breach of these Terms, Gimica reserves the right to pursue legal action against the responsible individual.
8.12. Coins and/or Rewards will expire automatically one year after being credited to the User’s account if not redeemed within that time.
8.13. All applicable federal, state, and local tax liabilities, fees, and expenses related to acceptance and use of Rewards, Challenge Rewards or any prizes won through the JustPlay App shall be the sole responsibility of the User. Rewards, Challenge Rewards and prizes cannot be substituted, assigned, or transferred.
9. User fees; In-app Purchases
9.1. The use of our Apps and of the Preset Gaming Apps is generally free of charge. Gimica reserves the right to introduce fees for individual features of the Apps in the future. Users will be informed separately about the features available for purchase, the duration of availability, the purchase price and the available payment methods.
9.2. Features offered for purchase may include certain game credits, virtual play money coins, tokens, level jumps, points and other virtual in-game items (collectively, "Virtual Items").
9.3. You are not obligated, at any time, to purchase any Virtual Items. You understand that you have no right or title in the Virtual Items appearing or originating in any Game, whether by attributes associated with a User account or stored in the App. Virtual Items are solely licensed to you by us for your personal use in the Apps or Preset Gaming Apps as stipulated in Section 10 below and can neither be sold nor exchanged. Usage rights in Virtual Items may vary depending on the App or Preset Gaming App.
9.4. Virtual Items may only be purchased or acquired through the applicable “Store” (e.g., Google Play or the iOS App Store). Purchase prices are invoiced and collected by the respective Store. The general conditions of the Store may be applicable in addition to these Terms. By purchasing Virtual Items, you agree to pay the applicable prices for your purchase, including applicable taxes, through your respective Store. If your payment cannot be successfully processed by our payment partners, your purchase will not be completed. Once your payment is successfully completed, the purchased items will be credited to your account within the respective App or Preset Gaming App.
9.5. We reserve the right to refuse your request to purchase or acquire Virtual Items for any reason. Purchased Virtual Items will remain available in your account until fully used, unless they are removed or revoked by Gimica.
9.6. Please note that deletion of the App or Preset Gaming App through which you purchased or acquired the Virtual Item(s) will result in a loss of any leftover or unused Virtual Items therein. The same applies if you change or switch your mobile device.
9.7. All purchases of Virtual Items are final and not refundable, transferable or exchangeable, unless explicitly stated otherwise. Refund requests must be directed to the Store from which the purchase was made and are subject to the Store’s refund and return policies.
9.8. Residents of the European Economic Area, United Kingdom, and Switzerland may request a refund within fourteen (14) days of purchase, provided no part of the purchased Virtual Item has been used. This right is subject to the respective Store’s refund policy, and Users must refrain from using the item until the refund is processed.
10. Rights of use
10.1. The User’s rights are defined exclusively in these Terms.
10.2. Gimica grants the User a non-exclusive, non-transferable, and non-sublicensable license to use the App for private, non-commercial purposes for the duration of the contractual relationship. The respective App may not be reproduced, distributed, publicly performed, broadcast or made publicly accessible on the Internet or via a network, edited or stored on external data carriers. Decompilation, disassembly and reverse engineering shall be prohibited, unless expressly permitted by law.
10.3. All content, including information, text, images, videos, and databases provided or used within an App, is protected by copyright and typically owned or licensed by Gimica.
10.4. All App content may only be used for personal, non-commercial purposes. The User may not use or duplicate any content for commercial purposes. Forwarding content to other parties is not allowed without the explicit consent of Gimica.
11. Advertisement and Product Promotion
11.1. At its sole discretion, and subject to its editorial policies, Gimica may display certain third-party products and/or services within the App, including via promotional links, banners, or other advertising formats. It may also engage in cross-marketing activities with partners of its choice.
11.2. Gimica is not responsible for the third party products or services so displayed.
12. User data
12.1. Gimica collects and uses data provided by the User in order to fulfill the contractual relationship established under these Terms.
12.2. Details on the processing of User data are available in Gimica’s data privacy policy, which can be accessed via the “Privacy Policy” button on the relevant app store page or here.
13. Availability
13.1. Gimica strives to ensure continuous and error-free access to its App, but provides no guarantee that the App and the services and functions operate properly and are available without interruption or defects at all times. It is the User’s responsibility to ensure a stable internet connection in order to use the App. The User acknowledges that, like any other software, the App, games and services can never be completely free of errors. The User is responsible for meeting all system requirements necessary to operate the App, including the appropriate operating system. The User is responsible for meeting all system requirements necessary for the use of the App, particularly with respect to the appropriate operating system. However, Gimica shall make every commercially reasonable effort to ensure the operation of the App without interruptions or errors at all times.
13.2. Gimica may restrict access to the App or its services if necessary to maintain network security or integrity. This includes, for example, preventing serious disruptions to network operations, software, or stored data. Gimica will make reasonable efforts to minimize such disruptions.
13.3. Gimica 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).
14. Liability
14.1. Gimica excludes liability for damages arising from or in connection with the performance of its contractual obligations. The limitation of liability shall not apply to
â– damages resulting from death, personal injury, or harm to health;
â– damages arising from a breach of essential contractual duties (material obligations), i.e. duties that are necessary for the proper performance of the contract and whose violation would jeopardize the contract’s purpose. In such cases, liability is limited to typical and foreseeable damages;
â– damages caused deliberately or due to gross negligence by Gimica;
â– liability according to the Product Liability Act;
â– liability arising from the assumption of a warranty.
14.2. These liability exclusions and limitations also apply to Gimica’s legal representatives and vicarious agents.
14.3. Gimica shall not be deemed liable for damages resulting from labor disputes and/or force majeure.
14.4. Gimica recommends that Users regularly back up their data to prevent data loss or other avoidable damages.
14.5. The following shall apply to Services provided by Gimica free of charge, notwithstanding clause 14.1 above:
â– Gimica shall not be obligated to remedy a defect;
â– If the User has suffered harm from a defect, Gimica shall owe damages only if the defect was willfully concealed by Gimica. Otherwise, Just Play GmbH's liability shall be limited to intention and gross negligence.
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15. User’s obligations and warranties
15.1. The User must use the range of Services in accordance with these Terms and applicable laws. In particular, the User must keep their login credentials confidential and may not disclose them to third parties. Furthermore, the User must ensure that no unauthorized person gains access to their login data. The User will take the necessary steps to ensure confidentiality and notify Gimica immediately in the event of loss, misuse, or suspected compromise of their credentials.
15.2. The User shall be obliged to provide accurate, complete, and truthful information as required to use the Services. Any changes to their data must be reported promptly to Gimica via email (customer-support@gimica.com) or updated directly in the User’s account, if possible.
15.3. The User may only set up one Account in the App (“prohibition of multi-accounts”). In particular, the User must not use one account to gain benefits for another of their own accounts, e.g. by transferring items or Coins (“prohibition of pushing”). This includes the use of programs that create excessive server load. 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 their location must be true and accurate.
15.4. The User represents and warrants that:
â– 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
â– the User is not listed on any U.S. Government list of prohibited or restricted parties.
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16. Contract duration, Blocking access / Termination of agreement
16.1. Unless stated otherwise for a specific 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.
16.2. 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 their Account and is effective immediately. Termination by Gimica shall become effective after fourteen (14) days. Gimica assumes no liability for any losses resulting from the termination of Services.
16.3. In the event of suspected misuse or material breach by a User, Gimica may investigate, take appropriate action, and suspend or terminate the User’s access based on reasonable suspicion. If the suspicion proves unfounded, the account will be unblocked. Otherwise, Gimica has an extraordinary right to terminate the Account. Any breach of the Terms may also result in the forfeiture of all purchased or received goods, along with any other applicable legal claims.
16.4. If Users have been blocked or excluded, they may not log in to a service provided by Gimica without the prior consent of Gimica.
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17. Final provisions for Users located in the US
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17.1. Usage of our Apps and the Preset Gaming Apps is governed by the laws of the United States.
17.2. By using our Apps and the Preset Gaming Apps you give your full and unconditional agreement to these Terms and to Gimica’s decisions, which are final and binding in all matters related to the usage of our Apps and the Preset Gaming Apps. Gimica and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries and records in our Apps and the Preset Gaming apps; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a User’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending data or participating in the App will not be deemed proof of receipt by Gimica. Gimica’s failure to enforce any term of these Terms shall not constitute a waiver of that provision.
17.3. Automated or bulk usage or usage by third parties of our Apps and the Preset Gaming Apps and participation in Challenges or Promotions will be disqualified at Gimica’s discretion and any Coins or Rewards resulting therefrom will be nullified. Multiple Users are not permitted to share the same email address. In the event of a dispute as to the identity of a User, the authorized account holder of the email address used to register will be deemed to be the User. The “authorized account holder” is the natural person assigned an email by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Users may be required to show proof of being the authorized account holder to Gimica or forfeit Rewards, Challenge Rewards or Prizes. Accounts with invalid, inactive, or unverified email addresses will be disqualified and ineligible to receive Rewards or Prizes. All information or steps required by these Terms must be completed and provided to be eligible to use our Apps and the Preset Gaming Apps. Incomplete, illegible, corrupted, or late entries or activity are void and will be disqualified.
17.4. WARNING: ANY ATTEMPT BY A USER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH OUR APPS, THE PRESET GAMING APPS, CHALLENGES OR PROMOTIONS OR UNDERMINE THE LEGITIMATE OPERATION OF THE APPS, THE PRESET GAMING APPS, CHALLENGES OR PROMOTIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, GIMICA RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
17.5. Gimica reserves the right, at its sole discretion, to disqualify any individual it finds to be attempting to tamper with or undermine the process and legitimate operation of the Apps, the Preset Gaming Apps and/or Challenges or Promotions; to violate these Terms; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, a Challenge or Promotion is not capable of running as planned, Gimica may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Challenge or Promotion (or any portion thereof); (b) modify the Challenge or Promotion or suspend the Challenge or Promotion to address the impairment and then resume the Challenge or Promotion in a manner that best conforms to the spirit of these Terms.
17.6. LIMITATIONS OF LIABILITY;RELEASE. BY PARTICIPATING IN AND USING OUR APPS, THE PRESET GAMING APPS, OUR CHALLENGES AND PROMOTIONS, YOU AGREE THAT Gimica AND ITS AFFILIATED COMPANIES, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE OR REWARDS, ENTRY, OR PARTICIPATION IN OUR APPS, THE PRESET GAMING APPS, OUR CHALLENGES AND PROMOTIONS OR IN ANY RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR REWARD/PRIZE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY REWARD OR PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.WITHOUT LIMITING THE FOREGOING, TO THE EXTENT ALLOWABLE BY LAW, EVERYTHING IN THIS REGARD IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
17.7. Except where prohibited, you agree that: (i) any and all disputes, claims and causes of action arising out of or connected with our Apps, the Preset Gaming Apps, Challenges or Promotions or any Reward or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state and/or district courts located in New York City, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering our Apps, the Preset Gaming Apps, Challenges or Promotions, but in no event attorneys’ fees; and (iii) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the entrant and Gimica in connection with our Apps, the Preset Gaming Apps, Challenges or Promotions, shall be governed by, and construed in accordance with, the laws of the state of New York, without reference to any choice of law or conflict of law rules calling for application of the law of any other jurisdiction.
18. Final Provisions for EU Users and Users outside of the US ​
18.1. The European Commission provides a platform for an online settlement of disputes which can be accessed under http://ec.europa.eu/consumers/odr/. Gimica is neither obliged nor willing to take part in alternative dispute resolutions before a consumer dispute settlement commission.
18.2. Gimica has the right to change these Terms with future effect at any time and will inform Users of the changes by posting them on its Website or in the App (via an in-app message). The respective change will take effect unless the User objects to the new Terms within four (4) weeks by email to customer-support@gimica.com. The date of sending the objection shall determine whether the four-week deadline has been met. Alternatively, the intended modification may also be announced in the form of an email. Gimica will inform the User of these consequences in its notification message. In case the User objects to the modification within the four-week period, Gimica shall be entitled to cancel the contract with immediate effect, without the User having any claims against Gimica. If the contractual relationship after the effective objection by the User continues, the previous Terms shall remain in force.
18.3. In case any individual provision of these Terms, including this one, is or becomes invalid, or if a gap in the Terms is identified, the validity of all other remaining provisions shall remain unaffected. An appropriate substitute provision shall apply in place of the invalid clause or to fill any contractual gap. If this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be deemed void in its entirety.
18.4. 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.
18.5. To the extent permitted by and compatible with the law, place of jurisdiction for each and any legal dispute arising from or being in connection with this contract shall be the court of competent jurisdiction for Gimica.
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- Instruction On Withdrawal –
In case of an in-app purchase as further set out in section 5 of the Terms (each an Agreement), each of these Agreements is governed by the following right of withdrawal.
Right of withdrawal:
You have the right to withdraw from the Agreement within 14 days without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the Agreement. To exercise the right of withdrawal, you must inform us to:
Gimica GmbH, Ludwig-Ganghofer-Straße 1, 82031 Grünwald
Email: customer-support@gimica.com
of your decision to withdraw from the Agreement 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.
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Effects of withdrawal
If you withdraw from the Agreement, 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 the Agreement. 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 the Agreement, in comparison with the full coverage of the Agreement.
Information
Your right to withdraw from the Agreement expires prematurely if the services ordered were initiated by us to you only after you as consumer have expressly agreed that we shall commence with the execution of the Agreement 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 Agreement with the beginning of the execution of the Agreement.
If the Agreement 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 -
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Model withdrawal form:
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(complete and return this form only if you wish to withdraw from the Agreement)
To
Gimica GmbH
Ludwig-Ganghofer-Straße 1, 82031 Grünwald
Email: customer-support@gimica.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
_______________
(*) Delete where inapplicable.
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Version: 2.0, July 2024