Terms of Use
General terms of use of BIGITEC GmbH
Status 27.04.2020
1 Subject matter of the contract; Scope of Application
1.1 The following Terms and Conditions of Use of BIGITEC GmbH (Maximilianstr. 28b, 53111 Bonn) ("BIGITEC") regulate the use of all online software, mobile apps, games and other service offers ("Software") developed by BIGITEC and made available in Digital Stores for all contracts between BIGITEC and its respective user. Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract unless their validity is expressly agreed.
1.2 Any software rules and/or participation requirements of the software are published in their respective current form in the software. By participating, the user accepts these rules as binding.
1.3 These Terms of Use do not address issues that may arise in connection with services provided by third parties, including platform providers such as Apple or Google.
1.4 The service relationship with the respective app store in which the software was downloaded remains unaffected (see for Apple, for example: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). The conditions for the download, the payment conditions and the costs incurred for the download are subject to the terms of use of the respective app store.
2. Conclusion of contract
2.1 The prerequisite for the use of the software of BIGITEC is the installation of the respective app via the respective app store and, if applicable, the registration of the user in the software.
2.2 By calling up the software, the user makes an offer to BIGITEC to conclude a contract of use for participation in the software. BIGITEC declares acceptance either expressly by confirmation or impliedly by opening the possibility of playing the software. There shall be no claim to the conclusion of a contract or participation in the software or the use of additional services.
2.3 Further services of BIGITEC (such as BIGITEC Account or In-App Purchases) require the conclusion of corresponding further user agreements (see section 3)
3 BIGITEC Account / Registration
3.1 The user has the possibility to create a BIGITEC account, which can be used software-spreading over several products of BIGITEC.
3.2 Registration is only permitted to natural persons who are consumers in the sense of § 13 BGB.
3.3 Within the scope of the registration for the BIGITEC account, the user has to provide a player name and, if applicable, further data, such as an e-mail address registered to him. The user has no claim to the allocation of a specific player name. The user undertakes to choose a player name that neither infringes the rights of third parties nor violates existing legal prohibitions or offends common decency.
3.4 By sending the registration, the user submits a binding offer to conclude the contract of use with regard to the BIGITEC account. However, registration can only take place if the user has accepted these contractual conditions by activating a checkbox with the text "I accept the terms of use and have taken note of the cancellation policy" and has thereby included the content of the GTC in his application.
3.5 The acceptance of the offer takes place immediately after sending an automated e-mail. With this e-mail confirmation, the contract of use is concluded.
3.6 The BIGITEC account is not transferable to third parties.
3.7 There is no entitlement to registration and activation.
4 Cancellation Policy
4.1 The user can revoke the declaration to conclude the user contract within a period of 14 days in text form (e.g. letter, fax, e-mail) without giving reasons. The period begins with receipt of this instruction in text form, but not before the conclusion of the contract and also not before the provider provides the information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and the obligations pursuant to § 312 g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.
The revocation is to be addressed to: BIGITEC GmbH, Maximilianstr. 28b, 53111 Bonn, info@bigitec.com.
4.2 Consequences of revocation: In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the User is unable to return or surrender to the Provider the received performance and benefits (e.g. benefits of use), or is only able to do so in part or in a deteriorated condition, the User must compensate the Provider for the loss of value. This can lead to the fact that the user must also fulfil the contractual payment obligations for the period up to the revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for the user with the dispatch of the revocation declaration and for the provider with its receipt.
4.3 Special note: The right of withdrawal for our digital products expires prematurely if we have only begun with the execution of the contract after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal with the beginning of the contract performance on our part. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.
5 Services and In-App Purchases
5.1 BIGITEC enables the user to participate in the software as well as the further services offered in this context, such as the creation of a BIGITEC account or the purchase of virtual objects / virtual currencies.
5.2 The use of the software is basically free of charge. However, the user has the option to make in-app purchases for individual software. The user will be informed separately of their functions, requirements and prices before they are used in the software. Payment shall be made via the respective billing system of the App provider. BIGITEC reserves the right to change the payment modalities at any time.
5.3 Virtual currency and virtual items do not constitute currency and items within the meaning of § 90 BGB. BIGITEC does not transfer ownership of the virtual items to the users, but only grants a simple, non-exclusive, non-transferable right of use, the duration and scope of which depends on the respective virtual item.
5.4 It is the user's responsibility to set up or maintain his mobile phone in a condition that enables the use of the software. This includes, above all, that the mobile phone has appropriate Internet access and the minimum system requirements for the software.
5.5 BIGITEC does not provide any support in connection with the configuration and installation of the software required for the software operation.
6 Updates and changes to the software
6.1 BIGITEC constantly strives to improve the software and to adapt it to current developments. In doing so, individual product features can also be replaced by new, e.g. structurally or technically improved or optically modified features. Revisions and new product versions can be integrated and activated directly in the software.
6.2 If technical or business reasons make this appear necessary, the system requirements, such as the required version of the underlying operating system, may change due to an update or modification of the software. In such a case, the user has no right to continue using the software with a device that does not meet the system requirements.
7 Age Restriction
7.1 Only persons who have reached the age of 18 or whose legal representatives have given their consent to the use are entitled to use the library.
7.2 By registering to participate in the software, the user assures that he/she is of legal age and capacity or, if the user is a minor, that his/her legal guardian has given his/her consent.
7.3 BIGITEC shall be entitled to request written proof of the User's age of majority or the declaration of consent of the User's legal representative at any time. BIGITEC is entitled to block the account of users who have not reached the required age for the software.
8 Contract period & termination
8.1 Unless expressly provided otherwise for the respective software, the contract for the use of the software shall be concluded for an indefinite period. It shall commence with the approval or activation by BIGITEC.
8.2 The contract may be terminated by either party at any time with immediate effect, unless a fixed term has been agreed.
8.3 The right to terminate for good cause shall remain unaffected in any case. A reason for extraordinary termination by BIGITEC shall exist in particular if the user uses the software for purposes contrary to the contract or violates the contractual obligations.
8.4 In the event of prolonged inactivity, BIGITEC shall be entitled to delete the User Account after prior notification by e-mail and at the earliest after 6 months of inactivity. In addition, BIGITEC is entitled at its own discretion to delete the user account at the end of the contract.
9 Obligations of the user
9.1 The user assures that the data provided by him are correct and complete.
9.2 The user shall take the necessary precautions to prevent the use of the software by unauthorized persons. In particular, he undertakes to keep his log-in data and identification and passwords to his BIGITEC account secret and to protect them from access by third parties.
9.3 If the user becomes aware that his knowledge and password have become known to third parties, he shall inform BIGITEC thereof without delay and change the password. If third parties have gained knowledge of the password through the fault of the user, the user shall be liable to BIGITEC for the damage caused by the use of the password.
9.4 BIGITEC is entitled to block access to the software in the event of justified suspicion of misuse. Misuse shall be deemed to exist in particular if
- unauthorised disclosure of access data,
- content is provided that is not related to the Software, or
- the software is manipulated in order to illegally access functionalities that have not been purchased.
9.5 The user is prohibited,
- take any action that could interfere with, overburden, or impair the integrity and proper working of the Software, such as denial of service attacks or the uploading of malicious code to the Software; or
- block, overwrite, modify or copy any content of the Software except to the extent necessary for the proper use of the Software; for example, copying by means of robot/crawler technologies is not necessary for the proper use of the Software.
9.6 The user shall be liable for ensuring that the software is not used for purposes which incite hatred, are racist, discriminatory, pornographic, endanger the protection of minors, politically extreme or otherwise unlawful or violate official regulations or requirements, or that corresponding data are created and/or stored on the server of BIGITEC.
10 Rights of use
10.1 The user receives a simple, non-exclusive, non-transferable right of use to the software, limited to the term of this contract, for use on Apple or Android devices.
10.2 The user is not entitled to any rights not expressly granted to the user above. In particular, it is not permitted to reproduce the software, to sell it or to make it available for a limited period of time, and especially not to rent or lend it.
11 Availability and Liability
11.1 BIGITEC endeavours to keep the availability of the Online Software as constant as possible. Within the scope of its technical and operational possibilities, BIGITEC offers an availability of 95% on an annual average. Excluded from this are downtimes due to maintenance and App updates as well as times in which the Apps cannot be accessed via the Internet due to technical or other problems that are beyond the control of BIGITEC (force majeure, fault of third parties).
11.2 BIGITEC shall only be liable in the event of its own fault as well as in the event of fault on the part of its legal representatives, executive employees or other vicarious agents, in accordance with the following provisions:
- BIGITEC shall be liable without limitation for damage caused intentionally or by gross negligence by BIGITEC or by legal representatives, executive employees or simple vicarious agents of BIGITEC, as well as in the case of liability under the Product Liability Act, in the case of fraudulent intent and in the case of personal injury.
- In the event of a slightly negligent breach of an obligation which the user could reasonably expect to be complied with and the fulfilment of which is essential for the proper performance of the contract (cardinal obligation), the obligation to pay compensation shall be limited to such damages as may typically be expected to arise in the context of the present contractual relationship (foreseeable damages typical of the contract). Otherwise, liability for damages caused by slight negligence is excluded.
12 RELEASE
12.1 The user shall indemnify BIGITEC against all claims asserted by third parties against BIGITEC due to an infringement of their rights by the data entered by the user in the software.
12.2 All further rights and claims for damages of BIGITEC shall remain unaffected.
13 Modification of the terms of use
13.1 BIGITEC reserves the right to change these terms of use at any time without giving reasons, unless this is unreasonable for the user.
13.2 BIGITEC shall notify the User of any changes to the Terms of Use four (4) weeks before the change takes effect, for example by e-mail. If (minor) Users continue to use the Software after notification of the amendments to the Terms of Use, the amended Terms of Use shall be deemed accepted by the User.
13.3 BIGITEC shall inform the user in the notification of his right of objection and of the significance of the objection period.
13.4 If the user objects to the changes in the terms of use, BIGITEC shall be entitled to terminate the contract without notice.
14 FINAL PROVISIONS
14.1 Should individual provisions of this agreement be or become invalid, this shall not affect the validity of the remaining provisions.
14.2 These terms of use, contracts concluded on the basis of these terms of use and any disputes arising therefrom shall be governed by German law to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods, which has been incorporated into German law.