upjers Home End-User License Agreement

This end-user license agreement ("agreement") governs the use of the upjers playground software between you (“User”) and upjers GmbH, Hafenstraße 13, 96052 Bamberg, Germany.

The contractual object is the free use of the computer program upjers Home (henceforth: “software”).

1. The contractual object is the free of charge distribution of the software upjers home for installation on the user's device(s).
2. This software enables access to online services and games provided by upjers.
3. This agreement applies as an addendum to the Terms and Conditions as well as the Data Privacy Protection Policy of upjers.

1. upjers grants its end-user the simple, non-exclusive right to install and run the software on their device(s) for the contract duration. This right is not to be sub-licensed.

2. Transferring, renting, leasing, or making the software publicly available in any other way is not permitted.

3. The circumvention of technical protection measures is prohibited unless it is permitted by law (Section 69e of the German Copyright Act).

4. The user may create backup copies of the software to the extent necessary for its intended use.

1. This agreement is valid for an indefinite period of time.

2. Both parties are entitled to terminate this agreement at any time in written form.

3. Upon termination of this contract, the granted right of use shall expire; the user must uninstall the software.

4. If this service is used via a user account, termination can also be effected by deleting that account.

1. upjers ensures that the software is in a condition suitable for the contractually agreed range of use.

2. upjers provides the necessary security and functional updates during the period of use
   (Section 327f of the Geman Civil Code).

3. The warranty is governed by the statutory provisions.

4. Claims regarding malfunctions are to be made via support@upjers.com.

1. upjers is fully liable for intentional acts, gross negligence, damage to life, limb, or health, and under the German Product Liability Act.

2. In any case of slight negligence upjers will only be liable for breaches of substantial contractual duties ("cardinal contractual duties") and its liability is limited to the typically foreseeable damage.

3. Any further liability is excluded.

4. The user remains responsible for regular data backups.

1. upjers reserves the right to change or amend the end-user license agreement in the future as far as this appears necessary regarding changes to legal, technical, or economic frame conditions.

2. The user will be notified of any changes in written form at least one month before their coming into effect.

3. If the user does not object to such changes within the one-month period after receiving the notification, or continues to use the software, those changed or amended conditions will be deemed as accepted.

4. If the user objects within the one-month period, both parties are entitled to terminate the contract.

5. Changes affecting essential contractual content (e.g., type and scope of the license) require the explicit consent of the user.

1. The laws of the Federal Republic of Germany shall apply with the exception of the UN Sales Law (CISG).

2. Consumers are subject to the mandatory protective regulations of the country in which they have their habitual residence.

3. Place of jurisdiction for merchants is Bamberg.

4. No ancillary agreements exist for this contract. Alterations and amendments to this contract must be made in written form.

5. Should individual provisions of this agreement become wholly or partly invalid or inapplicable, this shall not affect the validity of the remaining provisions.

Last revised: October, 2025

upjers GmbH
Representing CEO: Mirko Marschalek
Address: Hafenstraße 13, 96052 Bamberg, Germany

E-Mail: agb@upjers.com
Tel: +49 (0)951/5109080 (no Support)
Fax: +49 (0)951/510908102 (no Support)

Registry Court: Amtsgericht Bamberg
Registry Number: HRB 5558

VAT ID No.: DE275673923