Terms of Service for Games of Lotum GmbH

1. Preamble

1.1. Lotum GmbH, Am Goldstein 1, 61231 Bad Nauheim, Germany – hereinafter referred to as the "Provider" – offers a platform with various game software and related additional services. The respective game software and the additional services are hereinafter collectively referred to as the "Game." The additional services of the game include the creation of a player profile, the use of a chat function, the purchase of virtual items and virtual currency as well as any other services.

The participating users of the game are hereinafter referred to as "users."

2. Scope

2.1. The Provider shall provide the services associated with the game to the users – including all additional services – exclusively on the basis of these "Terms of Service" (hereinafter referred to as "TOS").

2.2. The rules of the game, if any, and/or the conditions for participating in the game, as well as the rules of conduct for communication in the chat, are published in their current form on the game platform. By participating, the user also recognizes these rules of the game, conditions for participation and rules of conduct as binding.

2.3. These TOS do not address any issues that may arise in connection with third-party services, including access to the Internet.

2.4. The service relationships with the respective online store from which the game was downloaded remain unaffected.

3. Details of the Services

3.1. The Provider enables users to participate in the game and the additional services offered in this context.

3.2. The Provider makes the Game and the related additional services available via online shops where the Game can be accessed or downloaded (e.g. Facebook Instant Game Platform, Snap Games Platform, TikTok Games, Discord Activity, Devvit App on reddit, Microsoft Start, Apple App Store or Google Play Store).

3.3. It is the user's responsibility to ensure that their digital environment is compatible with the technical requirements of the digital product. This includes, in particular, that the mobile device has appropriate Internet access and that the minimum system requirements for the game are met. To participate in the game, the user may need to store software provided by the Provider locally.

3.4. The Provider shall provide the services associated with the game to the users – including all additional services – exclusively on the basis of these "Terms of Service" (hereinafter referred to as "TOS").

3.5. The Provider reserves the right to further develop the Game if there is a valid reason to do so:
A valid reason exists if such a change is necessary to:
a) adapt the game to a new technical environment or to an increased number of users,
b) respond to a changed market situation, for example, to increased or decreased demand for features in a game and to keep the game permanently attractive for as many users as possible,
c) improve or expand the functionalities of the game,
d) optimize the user-friendliness of the game,
e) implement legal requirements or those based on supreme court rulings or official orders, or
f) ensure the functionality and security of the game.
Users shall be informed of this in an appropriate manner. The changes shall not result in any additional costs for users.

4. Users

4.1. The Game is offered exclusively to consumers within the meaning of Section 13 of the German Civil Code (BGB).

4.2. Only persons who have reached the age of 18 or whose legal representatives have consented to their use are entitled to use the Game.

4.3. The Provider is entitled to request written proof of the user's age of consent or the declaration of consent from their legal representative at any time.

5. Registration procedure and conclusion of contracts

5.1. Participation in the game requires access to the game or the download of the game, as well as possibly registering for the game and creating a game account ("Account") for the respective game. Registration can be done when the game is accessed or when the game is downloaded to the user's mobile device. To register, users must read and confirm the TOS.

5.2. When registering for the game, the user must complete all fields marked as "required" in the registration form. All information provided in the form, whether voluntary or required, must be correct. When registering, the user must provide their own e-mail address, if requested, at which they can actually be reached.

5.3. By logging into the game or sending the registration form, the user submits an offer to the Provider to conclude a user contract for participation in the game. However, a contract is not yet concluded by logging in or sending the registration form, but only when the Provider accepts the offer. Acceptance can be made explicitly by confirmation of the Provider or impliedly by the opening of the opportunity to play by the Provider, e.g. by allowing the user to successfully log into the game. There is no entitlement to the conclusion of a contract or to participation in the game or to the use of additional services.

5.4. Each user may only use their own account to participate in the game. The opening of multiple accounts by the same user (so-called "multi-accounts") is prohibited. A violation entitles the Provider to terminate the contract (under the conditions of section 10.4).

5.5. When registering, the user selects a username under which they will be listed. The selection of usernames with pornographic, racist, sexist, ethnically offensive, war-glorifying, violence-glorifying, insulting or other illegal content is prohibited. A violation entitles the Provider to temporarily block the user or to terminate the contract (under the conditions of section 10).

6. Right of withdrawal

6.1. Withdrawal Policy

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which the contract is concluded.

To exercise your right of withdrawal, you must inform us (Lotum GmbH, Am Goldstein 1, 61231 Bad Nauheim, phone: +49 (0) 60 32 - 92 55 070, e-mail: games@lotum.de) by means of a clear declaration (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the sample withdrawal form below for this purpose, but this is not mandatory.

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.

Consequences of withdrawal

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this 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 have requested that the services should commence during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of revocation with respect to this contract compared to the total scope of the services provided for in the contract.

End of revocation instructions

6.2. Sample revocation form

(If you wish to revoke the contract, please fill out this form and return it to us.)

To
Lotum GmbH
Am Goldstein 1
61231 Bad Nauheim
Germany

E-mail: games@lotum.de

I/we (*) hereby give notice that I/we (*) withdraw from my/our contract of sale of the following goods/provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper-based notification)
- Date
(*) Delete as applicable.

6.3. Special notes:

The right of withdrawal expires prematurely for contracts for the delivery of digital content not located on a physical data carrier if Lotum GmbH has begun executing the contract after the user
a.) has expressly agreed that Lotum GmbH or the operator of the app store through which Lotum GmbH provides the respective services for the user may begin executing the contract before the expiry of the revocation period, and
b.) has confirmed that he/she is aware that he/she will lose his/her right of revocation by giving his/her consent to the commencement of the execution of the contract, and
c) Lotum GmbH has provided the user with a confirmation in accordance with Section 312f BGB.

Contracts concluded with third parties, for example, with app store providers, are not concluded with the Lotum GmbH and therefore cannot be revoked by declaration to the Lotum GmbH. This may apply, for example, to contracts for downloading apps and, in particular, the exclusive processing and settlement of payments for chargeable app services. The Lotum GmbH also has no further insight into these processes. It is therefore recommended that the user contact the app store operator regarding the right of withdrawal and the processing of the withdrawal.

7. Terms of use

7.1. The game is provided to users for use only in accordance with the contract.

7.2. The user is not authorized to use software, measures or mechanisms in connection with the game that could disrupt or alter the function and gameplay. The user may not take any actions that could result in an unreasonable or excessive burden on the Provider's technical capacities. In particular, the user is not permitted to block, overwrite or modify content generated by the Provider, unless this has been expressly permitted in writing by the Provider.

7.3. The user is prohibited from adding elements to the game software or changing, deleting, or otherwise modifying elements of the game software, unless the Provider has given its express consent. In particular, the user is not permitted to copy, extract or otherwise use graphic elements or attempt to decode the source code of the software.

7.4. Participation in the game is for entertainment purposes only. The user is not authorized to use the game for commercial or illegal purposes.

7.5. The user is prohibited from executing, using, applying, or having executed software or hardware-based applications from third parties that enable him/her to influence the score or the course of the game or to receive services that would otherwise be subject to a charge. In particular, he/she is prohibited from obtaining chargeable services or other advantages, such as systematic or automatic control of the game or individual game functions, by using third-party software or other applications (in particular so-called "bots", "hacks" or "cheats").

7.6. The user is prohibited from selling, buying, renting, hiring, offering, accepting, distributing, or duplicating virtual items or virtual currency to third parties within and/or outside the game, regardless of the form, if no or no comparable consideration in the form of other virtual items or virtual currency is requested for the same game. In particular, the purchase or sale of virtual items or currencies in exchange for real money is prohibited. The only permissible source of chargeable services is the Provider.

7.7. Furthermore, the user is obliged to comply with the legal provisions each time he/she uses the game. In particular, he/she is obliged not to disseminate any content that is pornographic, racist, sexist, offensive, glorifies violence or war, or is otherwise illegal, or content that is likely to infringe the rights of third parties. The user is also prohibited from conducting commercial advertising for products or programs of third parties. The user is obligated not to use any legally protected terms, names, images, videos, pieces of music, games, or other materials in an unauthorized manner. The Provider has the right to remove such content itself.

8. Payment processing

8.1. Users may be given the opportunity to obtain virtual currency in return for payment of a fee, which can be exchanged for virtual items and/or additional functions. These are not available in the free basic version and/or must be earned. The type, function and price of the respective virtual items and additional functions will be made known to users of the game before they are claimed. If the additional function is offered as part of a subscription, further information will be provided, for example on the duration and the terms of termination. The virtual items and additional functions that are subject to a fee allow the user to use certain additional functions permanently or for a certain period of time, in accordance with the rules of the game. Furthermore, users may be given the opportunity to purchase additional functions via in-app purchase.

8.2. Since the game can be further developed in accordance with Section 3.5, the Provider reserves the right to offer new additional functions and/or virtual items, or to remove them from the range of offers in the future, to change them or to make them available in the free basic version.

8.3. Fees for the virtual currency and in-app purchases are due for payment upon the user's final confirmation of the order and are to be paid using the payment method chosen by the user. The payments due are usually debited from the bank account or credit card provided by the user, unless another suitable payment method has been chosen. The available means of payment are displayed to the user at the beginning of the ordering process.

8.4. The Provider is entitled to reduce or increase the prices for virtual currency, virtual items, and/or additional features with effect for the future, either permanently or for a limited time, and to offer new products, services, or billing options either permanently or for a limited time. This does not affect virtual currency, virtual items and/or additional features that have already been purchased.

8.5. If the user falls behind on payments, the Provider is entitled to demand default interest at the statutory rate. In the event of default, the Provider is also entitled to discontinue services and to block or delete the user's account under the conditions set out in section 10.

8.6. Should the Provider incur chargeback fees and/or cancellation fees due to the fault of the user or due to insufficient funds in the account for which the user is responsible, the user shall bear the costs incurred as a result.

8.7. The user may only offset undisputed or legally established claims against the Provider. The user may only exercise a right of retention if his/her counterclaim is based on the same contractual relationship.

9. Code of Conduct and Obligations of Users

9.1. The user is obliged to provide correct and complete information requested by the provider upon conclusion of the contract or in the course of the contractual relationship. The user shall ensure that the information provided by him/her in the context of the contract offer or the conclusion of the contract or in the course of the contractual relationship regarding his/her person and other circumstances relevant to the contract is complete and correct. The user is obliged to inform the provider immediately of any changes to the data and to confirm the data upon the provider's request.

9.2. Users are aware that they may play the game with numerous other users or communicate with various users via the additional services. In order to enable a fruitful interaction, it is necessary to follow the rules of the game. If a chat function is offered in the game, certain rules of conduct apply to communication in the chat. Users acknowledge that the rules of the game and the conditions for participating in the game, as well as the rules of conduct for communication in the chat, are binding on them.
The rules of conduct for communication in the chat can be found at the following link: https://lotum-legal.web.app/lotumone/en/chat-rules.html

9.3. The provider does not endorse user-submitted content and is generally not responsible for it in accordance with Regulation (EU) 2022/2065 (Digital Services Act). The provider is not obliged to check the content without a specific reason, such as a report of allegedly illegal content by another user. Users can report potentially illegal content within the game by clicking a report button. In addition, this report form is available for reporting illegal content. However, user-generated content can be moderated by the provider (e.g. by deletion or temporary blocking). The provider can use software-based tools for support. Temporary moderation measures may be applied automatically and without human review if a user's content has been reported frequently by other users. Permanent moderation actions against a user will only be taken following prior human review of the situation. Appeals against moderation measures can be submitted at any time to games@lotum.de. Within the game, a "report" button can be used to report potentially illegal content using a report form.

9.4. User-generated content can be moderated by the provider, e.g. by deletion, blocking or restriction of visibility. Automated, software-based systems can be used to support moderation. Users will be informed of moderation decisions. Affected users have the right to appeal against moderation measures. Appeals can be sent at any time by email to games@lotum.de, requesting a manual review.

9.5. The user shall comply with the instructions of the provider, or the game management if applicable. Users are otherwise obliged to refrain from anything that disrupts the operation of the game and the additional services and the fruitful interaction. In particular, the user is obliged not to introduce and/or transmit any content with illegal or immoral content into the games. This includes, in particular, content that incites racial hatred, glorifies sexism, war, or violence, is likely to seriously endanger children or young people morally or impair their well-being, or could damage the reputation of the provider. The user may also not refer to or link to offers with such content.

9.6. In the event of a breach of Section 9.3, the Provider is entitled to delete the information posted by the user in breach of these obligations. In particular, the Provider is entitled to delete posted information if there are specific indications of a breach of these GTC, the rules of the game, conditions for participation or rules of conduct for communication in the chat or if the posted information is otherwise unlawful.

9.7. In the event of a breach of Section 9.3, the Provider is entitled to delete the information posted by the user in breach of these obligations. In particular, the Provider is entitled to delete posted information if there are specific indications of a breach of these GTC, the rules of the game, conditions for participation or rules of conduct for communication in the chat or if the posted information is otherwise unlawful.

9.8. In the event of a user violating these rules, the provider is also entitled to temporarily or permanently block the user's access to his/her account and to exclude him/her from the game under the conditions set out in Section 10. The Provider shall notify the user of the reason for the blocking. The blocking of access includes the right to immediately remove all content and information originating from the excluded user from the Provider's database and platform. The Provider expressly reserves the right to assert further claims, in particular claims for damages.

9.9. There is no entitlement to the restoration of deleted information.

9.10. Users agree to keep the account data used for participation in the game (login data, passwords, etc.) strictly secret and not to disclose it to third parties, unless the provider has given its prior written consent to the transfer of the account. Users are obliged not to use the account, login name or password of another user under any circumstances. If a third party uses an account after gaining access to the access data because the user has culpably failed to adequately secure the access data from unauthorized access, the user must allow himself/herself to be treated as if he/she had acted himself.

9.11. Users are obliged to inform the provider immediately as soon as they become aware that unauthorized third parties are aware of their access data. Furthermore, users are obliged to inform the provider if they become aware of any misuse of the services offered by third parties or other users.

9.12. In the event of reasonable suspicion that access data has become known to unauthorized third parties, the provider is entitled, but not obliged, for security reasons, to independently change the access data at its own discretion and without prior notice or to block the use of the account. In such cases, the provider shall inform the authorized user without delay and, upon request, provide the new access data within a reasonable period of time. The user has no right to demand that the original access data be restored.

9.13. The provider shall protect the systems against cyberattacks. Nevertheless, cyberattacks can never be completely ruled out. In addition, it may happen that unauthorized third parties send e-mails using the name of the provider without the provider's consent, which contain viruses or so-called malware or link to web content that contains malware. The provider has no influence on this. Users should therefore check all incoming e-mails sent under the provider's name for malware.

9.14. The provider will, unless otherwise specified by these TOS or other agreements with the users, usually communicate with the users via electronic communication. The users must therefore ensure that they receive the communication sent to them by the provider. Otherwise, the provider reserves the right to choose a different form of correspondence.

9.15. Users are not entitled to transfer their accounts to third parties. Other rights under the contract may be assigned.

10. Contract term/termination

10.1. The contracts between the user and the provider are concluded for an indefinite period of time, unless otherwise specified in a specific offer.

10.2. Both parties have the right to terminate the contract at any time. A termination by the provider takes effect after one month. A termination by the user is effective immediately. Deletion of the data stored by the provider by the user – as well as a request by the user for the deletion of the data – is considered a termination by the user. Reasons do not need to be given for an ordinary termination. If the user has taken out a subscription for an additional function in the game, this additional function can be terminated with notice at the end of the valid monthly billing period, unless the parties have agreed otherwise.

10.3. The right of the parties to terminate the contract at any time for good cause remains unaffected by the above provisions. If the good cause consists of a breach of an obligation under these TOS, termination shall only be admissible after the unsuccessful expiry of a period set for remedy or after an unsuccessful warning. In particular, but not exclusively, the Provider shall be entitled to terminate for good cause if
a. the user has not used his/her account for three months despite notification with reference to the impending termination; or
b. if the Provider loses the authorization to operate the game.

10.4. In special circumstances, setting a deadline for remedy and a warning are not required if, after weighing the interests of both parties, immediate termination is justified. In the following cases, the Provider cannot reasonably be expected to uphold the contract:
a. if the user violates criminal law in connection with the games or additional services
b. if the user violates the prohibition of multi-accounts,
c. if the user violates the prohibition of account transfers,
d. if the user uses a game in an impermissible manner,
e. if the user provides false data when registering or when paying for fee-based services,
f. if the user trades virtual goods, currencies and rights from the game with third parties for real money,
g. if the user seriously violates the rules of conduct.

10.5. If the Provider is responsible for the extraordinary termination, the fees paid in advance by the user for the use of virtual items and/or additional functions shall be reimbursed to the user pro rata for the period between the termination date and the next possible date of ordinary termination. Likewise, in this case, the virtual currency still available on his/her account shall be reimbursed to the user.

10.6. Any termination must be made in writing. The user can also terminate online by clicking the appropriate button and in accordance with Section 10.2.

11. Intellectual Property Rights and Copyright

11.1. The game and the contents of the corresponding website are the exclusive property and under the exclusive ownership of the provider and/or the respective licensors. Any unauthorized distribution, reproduction, use or other infringement of the Provider's intellectual property rights and copyrights will be prosecuted under civil and/or criminal law.

11.2. To the extent that the User posts content solely as part of the general use of the Game platform, in particular in input fields, profile areas, chat functions or comparable communication and interaction areas provided by the Provider for this purpose, all rights to such content (such as texts, files, images, photographs, videos, sounds, musical works, copyrighted works or other materials) shall remain with the User. By posting such content, the User grants the Provider a non-exclusive, free-of-charge and revocable-at-any-time license to store, technically reproduce, transmit and make such content publicly available worldwide on the Game platform, insofar as this is necessary for the operation of the Game, the additional services and the communication functions. The Provider shall not have any further rights of use to such content. The license shall end when the User deletes the content posted by the User from the Game platform. This clause does not apply to content that the User separately submits for editorial, curated or permanent use as part of the Game; such content shall be governed exclusively by Clause 11.3.

11.3. To the extent that the Provider enables Users to submit their own picture puzzles or parts thereof for use in the Game, only such content may be submitted whose components, in particular the images used, image compositions, texts and terms, do not infringe any third-party rights and with respect to which the User holds the rights required for the submission and the grant of rights set out below.

To the extent that, in connection with the submission of picture puzzles, the User submits content capable of protection under intellectual property law, the User hereby grants the Provider, upon submission, the non-exclusive, free-of-charge, transferable right, unrestricted in time, territory and scope, to comprehensively use and exploit such content in connection with the Game, in particular in the app, in messenger services, in games on social networks, and on websites and other digital offerings of the Provider, including for purposes of promoting and commercially marketing the Game.

In particular, the Provider shall be entitled to permanently host, store, reproduce, distribute, make publicly available, make available on demand, publicly communicate, edit, adapt, combine with other content, and use excerpts of the submitted content, insofar as this is done in connection with the Game, comparable game formats, puzzle collections, or the promotion of the Game. The Provider shall furthermore be entitled to use the submitted content and, where applicable, the username used by the User for the promotion of the Game.

The User warrants that the User is the owner of the rights granted above and is entitled to validly grant such rights. The User further warrants that the submitted content is free from third-party rights that would conflict with the contractual use by the Provider. The User shall indemnify the Provider against all third-party claims asserted against the Provider due to a culpable infringement of third-party rights by the content submitted by the User, and shall reimburse the Provider for the necessary costs of legal defense incurred in this connection. The User shall support the Provider to a reasonable extent in defending against such claims.

12. Data protection

12.1. The provider expressly undertakes to protect the privacy of the users and will comply with the applicable data protection regulations when processing the personal data of the users. Further information can be found in the provider's data protection declaration, which is available on the provider's platform.

13. Responsibility for third-party content

13.1. The provider can provide a platform or a chat function for communication between users, through which they can communicate with each other. Users are responsible for the content of this communication, in particular the content transmitted by users in messages, as well as all other content published by users. The provider has no control over this, and no examination of the content is carried out before it is transmitted or published. The content is third-party content for the provider within the meaning of Section 8 (1) of the German Telemedia Act (TMG). The provider does not endorse this content nor does it agree with it. The same applies to content that in any way violates the rights of third parties. The provider is not liable for this content, in particular it is not liable for its accuracy, completeness, and reliability. Where links to other sites operated by third parties are provided on the platform, the Provider is not responsible for the content of the linked sites. The Provider does not control these sites and expressly distances itself from their content. The respective website operators are responsible for the content of these sites.

14. Warranty rights

14.1. The Provider allows users to access the Game in the version available at any given time. Users are entitled to the statutory warranty rights for digital products in accordance with Section 327i of the German Civil Code (BGB).

14.2. Before reporting a possible error, users should consult the game or service instructions and, if applicable, other troubleshooting assistance provided by the provider (in particular lists of frequently asked questions, discussion forums on problems).

14.3. No warranties are made or implied by the Provider.

15. Liability

15.1. The provider is fully liable for intent and gross negligence. In the case of slight negligence, it is only liable in the event of a breach of essential contractual obligations. Essential contractual obligations are those obligations that enable the proper execution of the contract in the first place and on the fulfillment of which the user may rely. Otherwise, liability is excluded.

15.2. The above limitations of liability do not apply to liability for injury to life, body, or health or in the event of the provider assuming a guarantee. Liability under the Product Liability Act remains unaffected.

15.3. In the event of a simple negligent breach of material contractual obligations, the obligation to pay compensation is limited to the typical contractual damage.

15.4. The above exclusions and/or limitations of liability also apply with regard to the liability of the Provider's employees, staff, representatives, and agents, in particular in favor of the shareholders, employees, representatives, organs, and their members with regard to their personal liability.

15.5. The above provisions do not constitute a change in the burden of proof to the detriment of the user.

16. Amendments to the TOS

16.1. The provider reserves the right to change these terms and conditions with future effect in order to adapt to a change in the legal situation or supreme court rulings, for technical reasons, to maintain operations, in the event of a change in market conditions or for the benefit of the user. No changes will be made if they would significantly disturb the contractual balance between the parties.

16.2. Any change or amendment to these TOS will be announced in a suitable manner in text form at least six weeks before the intended entry into force. As a rule, reference to changes to the TOS will be made by email or on the Provider's website, but in any case, by a highlighted notification the next time the user logs into the respective game.

16.3. The user has the right to object to a change or addition within six weeks of publication and the opportunity to take note of it. In the event of a timely objection, both parties are entitled to terminate the contract with a notice period of one month. Other termination rights remain unaffected. Until the contract is terminated, the original TOS continue to apply to the user concerned. In this case, user fees paid beyond the termination period will be refunded to the user on a pro-rata basis. Further claims by the user are excluded. If the user does not object within the aforementioned period or continues to use the services thereafter, the change or addition is deemed accepted and becomes part of the contract.

16.4. In the notification of the changes to the TOS, the provider will specifically inform the user of the possibility of objection and termination, the deadline, and the legal consequences, in particular with regard to an omitted objection.

16.5. It is recommended that the user regularly check the TOS for updates.

17. Final provisions

17.1. Should individual provisions of these TOS be or become invalid, this shall not affect the validity of the remaining provisions.

17.2. If the user moves his/her domicile or usual place of residence out of the Federal Republic of Germany after the contract has been concluded, the place of jurisdiction shall be Friedberg (Hessen). This shall also apply if the user's domicile or usual place of residence is not known at the time of any possible commencement of proceedings.

17.3. The law of the Federal Republic of Germany shall apply exclusively to contracts concluded on the basis of these TOS and to any claims associated therewith, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods.

A service provided by Lotum GmbH