Terms of Service ("TOS")
Effective Date: Feb 15, 2023.
For United States residents, these TOS contain a binding arbitration clause in Section "Binding Arbitration / Class Waiver" and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes described in Section "Binding Arbitration / Class Waiver", you agree that any disputes arising between you and us will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.
As a precondition for using the App, you must agree to these TOS. If you accept these TOS, you represent that you are of the age of majority in your country of residence. If you are under the age of majority or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.
By using or otherwise accessing the App, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the App.
Unless otherwise specified, the App do not require you to pay money to use or download but may contain features that may allow you to make purchases within the App. You may be required to have an internet connection to access or use the App. You are responsible for any internet connectivity or mobile charges you may incur by accessing or using the App.
Subject to these TOS, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the App for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.
Except as set forth above, you do not receive any other license. We retain all right, title and interest in and to the App, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, recordings made using the App, moral rights, in each case whether registered or not and all applications thereof. Unless expressly authorized by applicable law, the App may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without our prior written consent. We reserve all rights not expressly granted to you herein.
The App and its content are licensed, not sold. You agree that you have no right or title in or to any content that appears in the App, including, but not limited to, the Virtual Items appearing in or originating from the App, whether earned in the App or purchased from us or our authorized partners.
We may license to you certain virtual goods or other content (e.g. in-app items or currency) which may be used within the App and which you may purchase with "real world" money or earn or redeem through usage ("Virtual Items"). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis solely for non-commercial use.
Unless expressly authorized in the App, you may only purchase Virtual Items from us or our authorized partners and the transfer or sale of Virtual Items is prohibited.
Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither we nor any other person or entity has any obligation to exchange Virtual Items for anything of value. We are not liable for hacking or loss of your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
All purchases and redemptions of Virtual Items made through the App are final and non-refundable. You acknowledge and consent that Virtual Items are provided to you immediately upon purchase and that you forfeit any right to cancel or withdraw from the purchase once the process has commenced. Accordingly, you agree that we are not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary. The foregoing does not affect your rights under applicable law, including those you may have based on the legal guarantee of conformity described in Section "Disclaimer".
If you are a consumer based in the European Union or a member country of the European Economic Area ("EEA"), this Section applies to you.
You may have the right to withdraw from these TOS within 14 days from the day you agreed to them. You may also have the right to withdraw from the purchase of a license to a Virtual Item within 14 days from purchase. You are not required to give a reason for exercising the right of withdrawal. However, you are not entitled to withdraw from a purchase if you have consented to the Virtual Item being fully provided to you during the withdrawal period and acknowledged that you thereby forfeit your right of withdrawal.
To withdraw from these TOS, you must inform us of your decision to withdraw and discontinue your use of the App. To withdraw from the purchase of a license to a Virtual Item, you must inform the merchant of record, which may be either us or our authorized partner through whom you made the purchase. Please note that we are neither able nor required to fulfill your request to withdraw from a purchase where we are not the merchant of record.
To inform us of your decision to withdraw, you must send an equivocal statement of your decision by email to email@example.com. To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from the purchase of a license to a Virtual Item, you are entitled to be reimbursed for the purchase without undue delay and in any event not later than 14 days from the day on which you informed the merchant of record of your decision to withdraw from the purchase. The reimbursement will be carried out using the same means of payment as you used for the initial payment, unless you have agreed otherwise. You will not incur any fees as a result of such reimbursement.
You agree that you will not, under any circumstances:
Certain elements of the App may enable you to create an account or otherwise register with the App ("Account"). You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information").
You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of your Login Information. We are entitled to assume that any use of your Login Information or Account is made by you, and you are responsible for any actions (including, but not limited to, any purchases) taken using your Account or Login Information. You agree to compensate us for any losses or harm that result from your failure to keep your Login Information confidential.
You agree that you have no ownership or property interest in or to any Account. We reserve the right to delete your Account if we observe no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.
The App may allow you to create content, including, but not limited to, maps, App profiles, characters, items, screenshots or videos of your usage (collectively "User Contributions").
In exchange for use of the App, you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind. Where not expressly prohibited by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to our (including its licensees, successors, and assigns) and other players' use and enjoyment of your User Contributions in connection with the App and related goods and services. The foregoing grant of license to us and waiver of any applicable moral rights survives any termination of these TOS.
We and our directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. app or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission ("Unsolicited Content"). Please do not submit any Unsolicited Content to us or its directors, officers, or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of any statement to the contrary in the Unsolicited Content, any accompanying message, or elsewhere. You further agree that such Unsolicited Content may be used and exploited by us without compensation to you or any third party and you grant us a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.
We assume no responsibility for the conduct of other users of the App or for monitoring the App for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the App is at your own risk. By using the App, you may be exposed to content or conduct that is offensive, indecent, or otherwise not in line with your values. We may utilize technology to monitor and/or record your interactions with the App or communications within the App (including, but not limited to, chat text or voice communications). You irrevocably consent to such monitoring and recording and agree that you have no expectation of privacy concerning the transmission of any content within the App, including, but not limited to, chat text or voice communications. You understand that your User Contributions, communications within the App, and/or your interactions with the App may be displayed to or viewable by other users of the App or the general public.
We reserve the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any content made available by users of the App without notice for any reason or for no reason at any time. If at any time we choose, at our sole discretion, to monitor the App, we nonetheless assume no responsibility for content made available by users of the App, and we assume no obligation to modify or remove any inappropriate content.
You acknowledge that we are not a party to any dispute you may have with any other user(s) of the App. We have no obligation to become involved in any such dispute. You release us and our subsidiaries (and our and our subsidiaries' officers, directors, agents, joint ventures, shareholders and employees) from all claims, demands, and damages related to any such dispute.
Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case we will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. We also reserve the right in our sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.
The arbitration may be conducted in Los Angeles, California or, upon your request, in the city closest to your location where AAA maintains an office. The arbitrator's award shall be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
As an exception to the binding arbitration rule, to the extent the Dispute arises from:
A violation of our intellectual property rights in any manner; Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section "Code of Conduct" of these TOS; and Any claim for equitable relief;
then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.
To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. You and we agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.
You may opt out of this obligation to arbitrate. If you do so, neither you nor us can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: Stereofy GmbH, ATTN: Legal Department, Karl-Schurz-Str. 4, 70190 Stuttgart, Germany. You must include your name and residence address and a clear statement that you want to opt out of this arbitration clause.
To begin an arbitration proceeding, you must send a letter to: Stereofy GmbH, ATTN: Legal Department, Karl-Schurz-Str. 4, 70190 Stuttgart, Germany requesting arbitration and describing your claim.
We will provide 30-days' notice of any changes to this Section "Binding Arbitration / Class Waiver" through the App or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.
Without limiting any other remedies available to us, if we believe that you are in breach of these TOS, we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend, and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the App; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any app progression or benefits and privileges associated with you, such as any level or score you have reached in the App.
We do not guarantee that the App is available at all times or will continue to be available in the future. The App may be temporarily unavailable due to technical issues or maintenance related reasons, which may occur on a scheduled or unscheduled basis. Furthermore, the App or parts thereof may be designed to be available only for a limited time (e.g. when content is seasonal or early access is provided to a development version of an app), or their life cycle may be affected by technological developments or changes in consumer behavior. Accordingly, we reserve the right to stop offering and/or supporting the App or parts thereof at any time, at which point your license to use the App or such parts thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, we do not have to provide refunds for the App or any Virtual Items. Where appropriate, we will take reasonable measures to provide advance notice when any apps or parts thereof are discontinued. However, we may limit, suspend or terminate the App or parts thereof without notice, and take technical and legal steps to prevent you from accessing the App, if we believe you or any other user(s) are causing a risk of legal liability or infringement of third-party intellectual property rights or are not acting in accordance with the letter or spirit of these TOS.
The App may have limited compatibility across different devices and operating systems. You are responsible for verifying that the App is compatible with your device and its operating system. Generally, more information regarding compatibility requirements is available at the point of first use or download (e.g. in the relevant app store).
The App is intended to evolve over time. Accordingly, we may change, manage, modify, or update the App or parts thereof (including, but not limited to, Virtual Items) from time to time. This may result in content or features being added, removed, or modified (e.g. modes or areas being added or removed or Virtual Items having their appearance or power altered). We may, at our sole discretion, make any such changes as we believe to be necessary to maintain and improve the App, including, but not limited to, introducing, modifying, or removing app content and features according to our development roadmap, adapting to new technologies, reflecting changes to our agreements with third parties, preventing abuse or technical issues, and addressing any legal, safety, or regulatory requirements. When changes are made to the App, you may be required to download and install an update to continue using it. If you do not, you may be unable to access or use the App or parts thereof (e.g. online play and features may only be available to those who are using the latest version of an app).
To the fullest extent permissible under applicable law, the App is provided to you "AS IS," without warranty, assurances, or guarantees of any kind. The App may have defects, and your use is solely at your risk. We do not make, and hereby disclaim any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. We do not warrant against interference with your enjoyment of the App; that the App will meet your requirements; that operation of the App will be uninterrupted or error-free; that the App will interoperate or be compatible with any other services; or, that any errors in the App will be corrected. No oral or written advice provided by us, our employees or other representatives constitute a warranty.
Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the App. Specifically, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which we may be liable for a lack of conformity that you discover: (i) within two years from any one-time supply of the App; or (ii) at any time during any continuous supply of the App.
Some jurisdictions do not allow certain limitations of liability such as those stated in this Section; thus, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this Section shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the App.
You agree to indemnify, defend and hold us and our subsidiaries (and our and our subsidiaries' officers, directors, agents, joint ventures, shareholders and employees) harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the App or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.
If you believe the App or any of its content infringes your copyrights, please send a notice to: Stereofy GmbH, Legal Department, Karl-Schurz-Str. 4, 70190 Stuttgart, Germany or alternatively via email to: firstname.lastname@example.org. Notices sent to the specified address will reach our registered DMCA agent.
Please include all of the following in your DMCA notice:
Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works. Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable us to locate the material.
Provide your full legal name, mailing address, telephone number, and (if available) email address.
Include the following statement in the body of the DMCA notice:
"I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf."
Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by ur or our users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to us.
Notwithstanding Section "Binding Arbitration / Class Waiver," we may update these TOS from time to time in response to changing legal, technical or business developments. When we update these TOS, we will take appropriate measures to inform you via the App or otherwise, in accordance with the significance of the changes made.
By continuing to access or use the App after updates become effective, you agree to be bound by the updated TOS.
If you are a United States resident, in addition to Section "Binding Arbitration / Class Waiver," these TOS are governed by the laws of the State of California and applicable federal laws regardless of conflict of law provisions.
If you are a resident outside the United States, you agree that all disputes between you and us shall be governed by the laws of Germany, regardless of conflict of law provisions. You agree that any claim or dispute you may file against us must be resolved exclusively by a court located in Stuttgart, Germany. If you are a consumer based in the EEA, you may also make use of the Online Dispute Resolution platform offered by the European Commission as an out-of-court alternative to resolve disputes. Please note that we may not be required to accept the use of this or other alternative dispute resolution platforms.
If the jurisdiction of your domicile prohibits us from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.
Entire Agreement. These TOS set out the entire agreement between you and us regarding the App and supersede all earlier agreements and understandings between you and us.
Assignment. We may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment does not reduce your rights under these TOS. You may not assign or delegate any rights or obligations under these TOS without our prior written consent, and any unauthorized assignment and delegation by you is void.
Severability. If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Our failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
No Waiver. Any failure by us to exercise or enforce any of its rights under these TOS does not waive our right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative.
Contact Information. If you have any questions about these TOS, please contact email@example.com.
In addition to the terms set forth above, the following terms apply if you access the App through the App Store operated by Apple Inc. ("Apple").
You acknowledge and agree that these TOS are concluded between you and us, not with Apple, and that we, not Apple, are responsible for the App and their content. The license granted to you under these TOS is subject to the permitted usage rules specified in the Apple App Store Terms of Service and any third-party terms of agreement therein. You must comply with any third-party terms and conditions that apply to your use of the App.
We, not Apple, is responsible to you for: (i) providing any relevant maintenance or support for the App in accordance with these TOS; and (ii) addressing any claims you may have regarding the App, including product liability claims, any claim that the App fail to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar laws. If the App fails to conform to the warranties or other conditions set forth in these TOS or applicable law, you may notify Apple, after which Apple may refund the purchase price (if any) for the relevant App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
In the event of any third-party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries to these TOS. Upon your acceptance of these TOS, you agree that Apple has the right to enforce these TOS against you as a third-party beneficiary.