GTC and Customer Information, Right of Revocation

1. these General Terms of Use govern the user relationship between upjers GmbH, Hafenstraße 13, 96052 Bamberg, Germany (operator) and the users of its entertainment offerings (services).

2. if the user is granted access to certain services via the operator's website, these General Terms of Use shall apply exclusively. Downloadable applications, so-called apps, are generally made available via third-party distribution platforms. If an application is obtained by the user via the distribution platform of a third party, the General Terms and Conditions of the respective distribution platform shall take precedence. Insofar as mandatory provisions of the respective distribution platform apply, these shall take precedence. In all other respects, these General Terms and Conditions of Use shall remain authoritative.

3. contractual conditions of the user shall not become part of the contract. The principle of the primacy of individual agreements remains unaffected.

4. by registering the user in the games portal or for a service (i.e. by submitting an application to create an access authorization (account opening) and by logging in, the user accepts the terms of use. When registering, the user is asked to agree to the terms of use. In the case of downloadable applications, the user agrees to the General Terms of Use by downloading and starting the respective application.

5. the terms of use apply to any use of the services, including future contracts, offers, services and deliveries of the operator.

6. the Terms of Use are published on the Operator's website and as part of the Services. Terms of Use can be downloaded to the working memory, saved on a durable medium or printed out. However, the Terms of Use can also be sent to the User upon request.

7. in addition to or supplementary to these Terms of Use, the rules and instructions for playing the game listed in connection with the respective Services shall apply. In the event of contradictions, these General Terms of Use shall take precedence over the game rules/game instructions.

8. the Services are aimed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB). The use of the Services for commercial or other commercial purposes is excluded.

9. as a rule, all persons who have reached the age of 18 at the time of registration are entitled to use the services. Minors who have reached the age of 16 and other persons with limited legal capacity are only entitled to use the Services with the consent of their legal representative. Minors under the age of 16 are not permitted to use the Services. By registering, the user expressly confirms that they are of legal age and have legal capacity or - in the case of minors with limited legal capacity - that they have the consent of their legal representative.

10. the user relationship begins with the conclusion of a free service usage contract by the user registering for the games portal or a specific service and accepting the General Terms of Use and the acceptance of the registration by the operator in the form of the creation of an access authorization (account). It ends when the user terminates the contract, for example by deleting their account, or by the operator blocking or deleting the account, or by the operator terminating the contract.

11. contracts between the operator and the user are only concluded when the user application is accepted by the operator. Acceptance may be express or implied by the first act of fulfillment by the operator.

1. the operator generally enables the user to participate in its services in the most up-to-date version at the time the contract is concluded by making them available on the Internet.

2. the user must ensure and maintain the technical requirements for participation in the services himself. The Operator's instructions on the technical requirements of the Services must be observed.

3. there is no entitlement to the conclusion of a contract. In particular, the Operator reserves the right to refuse or restrict registration for one or more Services without giving reasons.

4. the user is advised that it is not possible for the services to be available to the user via the Internet at all times, without interruption and in full. Access to the Services may be restricted in particular at times when the servers are down due to technical or other problems beyond the Operator's control (force majeure, fault of third parties, etc.) and at times when routine maintenance work is being carried out. The operator may restrict access to the services if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, software or stored data require this. The operator will inform the user of any disruptions and their duration as soon as possible.

5. the services are subject to constant further development, adaptation and change. For this reason, the operator can adapt the content, visual, technical and other appearance of its services at any time.

6. the operator reserves the right to discontinue the operation of the services within a reasonable period of four weeks without giving reasons. In this case, the user may, in accordance with § 3 paragraph 5 a), demand that any fees already paid (e.g. for premium currency) either be credited to another service offered by the operator or that the operator refund any fees paid in advance. Legal claims of the user remain unaffected.

7. information, tips and advice on the operation of the services provided by the operator and its employees as well as its vicarious agents and assistants are always non-binding. The user has no claim to compensation for any disadvantages arising from this.

8. unless expressly stated otherwise in the service description of the services, the services provided by the operator are free of charge. The provisions of § 3 remain unaffected by this.

1 The operator may offer paid digital content or digital services ("premium services") as part of individual services. The type, scope, duration and price can be found in the respective service description in the service. The purchase of a premium service takes place as part of a separate and clearly marked ordering process and constitutes an independent contract for digital content or digital services.

2. the user can acquire so-called premium currency (coins, diamonds, coal, gemstones, color chips, ...) within the scope of the services, if necessary for a fee. There is no obligation to purchase premium currency. The purchase of premium currency is limited to one-off payments. A continuing obligation is not established.

3. in the browser games, the premium currency is offered directly by the operator on the basis of these General Terms of Use. In the context of applications offered via third-party distribution platforms, the premium currency is generally distributed by the respective operator of the distribution platform in its own name or on behalf of the operator. Insofar as mandatory provisions of the respective sales platform apply, these shall take precedence. In all other respects, these Terms of Use shall remain authoritative.

4. the purchase price of the premium currency will be announced as part of the respective service.

5. the purchase of premium currency requires an additional contract - independent of the service usage contract - to be concluded. This takes place as part of a separate and clearly marked order process. The order process concludes with the "Buy" button. By clicking this button, the user makes a legally binding declaration of intent, which obliges him to pay the respective fee upon conclusion of the contract.

6. after completion of the order process, the user receives a confirmation of the purchase of the premium currency in his account mailbox.

7. the fees for the purchase of premium currency are due immediately upon conclusion of the contract, i.e. upon confirmation of the purchase of the premium currency. The operator offers various payment methods. The user has no right to demand that the operator offers or maintains certain payment methods.

8. purchased premium currency will be credited to the user account immediately after receipt of payment. The time of receipt of payment depends on the selected payment method or the selected payment service provider and may vary.

9. the premium currency is only valid for the service for which it was purchased and is generally non-transferable. Premium currency loses its validity 36 months after purchase. The user will be informed of this by e-mail in good time before the expiry date.

10. premium currency gives the user the opportunity to book individual additional services as part of a service compared to a normal account. The use of premium currency in a certain service or the booking of certain additional services is not an independent contract, but merely the unilateral right of the user to determine the service within the framework of the contract mentioned under § 3 paragraph 4. The exact description of the additional services booked and the number of Premium Currency to be used for them is provided separately within the scope of the respective service and varies depending on the service.

11 In addition to these Terms of Use, the respective service descriptions of the services apply as special conditions for the additional services.

12. the operator reserves the right to change the type, scope and content of the additional services.
    In particular, the Operator reserves the right to change individual additional services in the course of further development and adaptation of the Services, to no longer offer them and/or to integrate them into the Services free of charge.

13. the additional services may consist of one-off services or be limited in time. Additional services that are limited in time will be canceled after the booked time has expired and can then be booked again if they are still offered by the Operator.

14. a refund or compensation for the value of premium currency purchased once and used for additional services is generally not possible. This does not apply if the contract for the use of additional services has been effectively revoked in accordance with § 4 or if paid services have been provided by the operator in a defective manner and subsequent performance fails. This also does not apply if the services or the additional services booked by the user are changed or discontinued or offered free of charge by the operator during the contractually agreed period of use.

a. Premium currency that was purchased within ten weeks prior to the discontinuation of a service can be exchanged for equivalent premium currency for another service of the operator (to be determined by the user). Alternatively, the user may request a refund of premium currency that he/she has purchased from the operator within ten weeks prior to the discontinuation of the service. The user must send a corresponding request in text form to support@upjers.com within ten weeks of purchasing the premium currency.

b. If the user has already used premium currency in advance for a certain period of time for the use of additional services and cannot use these additional services for reasons for which the operator is responsible (e.g. discontinuation of the additional services, permanent unavailability of the additional services, inclusion and offering of the additional services in the free services), the operator will primarily offer other additional services as a replacement or refund the amount paid (or the value of the premium currency) to the user - pro rata temporis. This does not affect the User's right to terminate the contract for the use of additional services extraordinarily due to the non-usable additional services in accordance with Section 8 (4). Statutory claims of the user also remain unaffected.

15. the operator is entitled to demand service fees in the form of premium currency in advance for the use of additional services.

16. in the event of default, the operator is entitled to discontinue the additional services and to block the user's account immediately. The user's obligation to pay the agreed fee remains unaffected by this.

17. if the Operator incurs chargebacks or cancelations due to conduct for which the User is responsible, the User shall bear the costs incurred by the Operator as a result. In this case, the operator is entitled to collect these costs again together with the original fee.

Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise your right of withdrawal, you must send us

upjers GmbH
Hafenstraße 13
96052 Bamberg

Phone: +49 (0) 951-510908
E-mail: agb@upjers.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).

You may use the attached model withdrawal form, but it is not obligatory.

Sample withdrawal form:

(If you wish to withdraw from the contract, please fill out this form and send it back to us).

• To upjers GmbH, Hafenstraße 13, 96052 Bamberg; E-Mail: agb@upjers.com
• I/we () hereby cancel the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
• Ordered on ()/received on ()
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only for notification on paper)
• Date(s)

(*) Delete as appropriate.

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 withdraw from this contract, 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 this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

End of the withdrawal policy

Special note: Premature expiry of the right of withdrawal

In the case of digital content that is not delivered on a physical data carrier (e.g. premium currency or other paid digital content or services), the right of withdrawal expires prematurely if the operator has started to execute the contract after the user has expressly consented to the operator starting to execute the contract before the expiry of the withdrawal period and the user has confirmed his knowledge that he loses his right of withdrawal by consenting to the start of the execution of the contract and the operator has provided the user with a confirmation of the contract in accordance with § 312 f BGB.

1. the statutory warranty provisions shall apply to services provided by the operator against payment.

2. for the user's own protection and in particular for reasons of preserving evidence, the user is recommended to address all complaints to the operator in writing or by e-mail.

3. excluded from any claims for defects are defects caused by external influences (force majeure, etc.) for which the operator is not responsible, or by operating errors for which the user is responsible, or by modifications or other manipulations not carried out by the operator or not attributable to the operator.

4. guarantees in the legal sense are not assumed by the operator, unless expressly agreed otherwise in writing.

1. in the case of free services, the operator shall only be liable in cases of intent and gross negligence to the extent permitted by law.

2. insofar as the operator demands payment for services, he shall be liable without limitation in the event of intent and gross negligence.

3. in the event of slight negligence, the operator shall only be liable in the event of a breach of material contractual obligations. Essential contractual obligations, also known as cardinal obligations within the meaning of case law, are obligations which make the proper execution of the contract possible in the first place and on the fulfillment of which the user may rely. The amount of the obligation to pay compensation is limited to the foreseeable damage typical for the contract.

4 However, the above exclusions of liability do not apply to liability for injury to life, limb and health. Furthermore, they shall not apply if the damage is based on the breach of a guarantee. The liability of the operator under the Product Liability Act and within the scope of application of § 44 a TKG remains unaffected.

5. the above exclusions or limitations of liability shall also apply with regard to the liability of the employees, workers, staff, representatives and vicarious agents of the operator, in particular in favor of the shareholders, employees, representatives, bodies and their members with regard to their personal liability.

6. the respective provider is solely responsible for the content of linked pages. If we become aware of any legal violations, the corresponding links will be removed immediately.

7. a change in the burden of proof to the detriment of the user is not associated with the above provisions. Mandatory statutory liability remains unaffected.

1. the user undertakes to keep his access data for the individual services secret. Disclosure to third parties is not permitted.

2. the user undertakes to use only one account for each service at any one time. The simultaneous use of several accounts for one service (so-called multi-using) is not permitted.

3. the user shall not purchase premium currency from third parties for real money outside the services or offer premium currency for purchase or exchange.

4. the use of external scripts or programs to automate participation in the Services (so-called bots) by the User is not permitted.

5. the user undertakes not to intentionally gain any advantage in the use of the services through programming errors or gaps in the services (so-called bugs). Any advantages already gained must be returned or compensated for and can be reversed by the operator. The user must keep actual or suspected bugs or irregularities secret and report them to the operator immediately.

6. the user undertakes not to disseminate any images, links, names, words or other statements with advertising, political, insulting, sexist, pornographic or other morally reprehensible or offensive, in particular racist, right-wing or left-wing extremist content within the scope of the services. Furthermore, the user undertakes not to use any legally protected terms, names or images. In case of doubt, the user must immediately remove any content objected to by the operator or the operator has the right to remove such content itself.

7. the user must follow the instructions of the operator and its employees as well as its vicarious agents and assistants. This also applies in particular to the instructions of the administrators and moderators of any forum belonging to the respective service.

8. culpable violation of the aforementioned obligations entitles the operator to block or - in the case of serious or repeated violations - to delete the account. Measures shall be taken in compliance with the legal requirements, in particular the transparency, justification and proportionality requirements under the Digital Services Act (DSA). A refund or compensation for the value of premium currency still credited at the time of blocking or deletion or additional services booked will only be made if there are mandatory legal claims.

9. the user shall also indemnify the operator against all claims asserted by third parties due to a culpable infringement of their rights by the behavior or the content or data posted by the user. The indemnification claim also includes the reasonable costs of legal defense.

1. the user is entitled to terminate his participation in individual, several or all services at any time without giving reasons and without observing a notice period.

2. the operator is entitled to terminate individual, several or all services at any time subject to a notice period of four weeks if the service or services are discontinued.

3. if the user has booked additional services for a specific term in advance using premium currency, the right to ordinary termination is excluded for this term.

4. the right of both parties to terminate the service usage contract or the contract for the use of additional services at any time for good cause (extraordinary termination) remains unaffected.

5. if the operator is responsible for the extraordinary termination of the service usage contract or the contract for the use of additional services, the user shall be refunded the fees paid by him in advance beyond the termination period or compensation for the value of the premium currency redeemed (in particular for additional services) on a pro rata basis. Further claims by the user are excluded, unless otherwise agreed in these Terms of Use.

6. the operator is entitled, in particular but not exclusively, to terminate the contract for good cause if

• the user is in arrears with the payment of the fees by an amount of at least 5 euros and fails to pay despite two reminders;
• the user culpably violates the rules of the services and does not cease the violation despite a warning; a warning is not required if it is unreasonable for the operator to adhere to the contract, for example in the case of particularly serious violations (several accounts per player, criminal acts, ...);
• the user has not used his account for four weeks and despite prior express notification with a notice period of two further weeks. Any credit regulations remain unaffected.

7. if the Services platform does not provide for the possibility of termination by means of a specific function, any termination must be made in text form (e-mail). Extraordinary termination must always state the reasons for termination.

8. for technical reasons, the final deletion of the user data and the account will only take place with a delay of a few days.

9. in the event of justified termination by the operator for good cause, the user shall not be entitled to reimbursement or compensation for the services or additional services affected by the termination.

Subsidiary agreements to these General Terms and Conditions of Use as well as amendments, supplements or revocations of these Terms and Conditions of Use must be made in text form in order to be valid. This also applies to changes to the text form requirement. This does not affect the validity of individual or express contractual agreements.

1. the operator grants the user the non-exclusive and non-sublicensable right to use the respective service as intended for the term of the service usage contract.

2. the user may not sell, give away, lend or sublet the user account.

3. the user may only reproduce the service to the extent permitted by the intended use. Necessary duplication includes loading the Service or its components into the working memory, but not even temporary installation or storage of the Service on data carriers of the hardware used by the User.

4. the user is prohibited from removing or circumventing existing protection mechanisms against unauthorized use, unless this is necessary to achieve trouble-free use of the program.

5. the intellectual property and other property rights to the game remain with the operator and its licensors. The user expressly acknowledges the intellectual property and associated rights of the operator and its licensors to software, content, backup copies and documentation.

6. if content can be created and uploaded by the user in or in direct connection with the service (so-called "user-generated content"), e.g. uploading images, sharing content, integrating links, selecting player names, creating forum posts, etc., then these may not be advertising, politically extreme, racist, offensive, sexist, pornographic or otherwise morally reprehensible or objectionable. The end user will also not use any legally protected trademarks, names or images without the consent of the copyright holder.

7. rights to user-generated content remain with the respective user. The operator does not adopt such content as its own. Nevertheless, the operator reserves the right to check such content before publication and to reject it if necessary. By posting such content, the user merely grants the operator a simple, free-of-charge and temporally and geographically unrestricted right to use the content, in particular the right to reproduce and make it publicly accessible within the scope of the services.

Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

1 These Terms of Use and all contracts concluded on the basis of these Terms of Use shall be governed by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of German international private law are excluded. Mandatory consumer protection regulations applicable at the user's place of residence or habitual abode remain unaffected by the choice of law.

2. if the user moves his domicile or usual place of residence outside the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction shall be the registered office of the operator. This also applies if the domicile or habitual residence of the consumer is not known at the time the action is brought.

3. questions and problems should primarily be addressed to our customer service via the support form.

1. the operator reserves the right to amend or supplement these terms of use at any time with effect for the future, provided that there is an objective reason for doing so, in particular in the event of changes in the legal situation, supreme court rulings or technical adjustments and the user is not disadvantaged by this contrary to good faith. The user will be notified of changes to these terms of use in an appropriate manner. The notification shall be made as part of the services or by sending an e-mail to the e-mail address provided by the user. In any case, the user will be informed of the change the next time he/she logs in.

2. the user may object to the changes to the Terms of Use within one (1) month of notification and the opportunity to take note of them. The user is advised to send the objection to the operator in writing or by e-mail for the purpose of preserving evidence.

3. if the user does not object to the amended terms of use within one month of receipt of the notification and was expressly informed of this legal consequence in the notification of amendment, the amendments shall be deemed to have been approved. Amendments that affect essential contractual obligations or significantly change the contractual balance require the express consent of the user. If the user objects in due time, both parties shall be entitled to terminate the contract with a notice period of one month, unless a right to terminate the contract at any time already exists in accordance with § 8. The original terms of use shall continue to apply until the contract is terminated.

4. any service fees paid in advance over the termination period shall be refunded to the user on a pro rata basis. Further claims by the user are excluded.

5. in the notification of the changes, the operator shall make special reference to the possibility of objection and termination, the deadline and the legal consequences, in particular with regard to a failure to object.

6. the user is recommended to keep himself constantly informed about the status of the terms of use and the service and usage descriptions of the services.

1. users can report suspected illegal content within the scope of the services using the form provided in the support area. Authorities can contact us by email at dsa@upjers.com.

2. reports should contain a sufficiently substantiated description of the content in question to enable a proper review.

3. the operator shall review reports in accordance with the legal requirements, in particular Art. 16 to 20 DSA. If necessary, the operator may remove or block content and temporarily or permanently restrict or block accounts.

4. if content is removed or an account is restricted or blocked, the user concerned will receive a justification in text form, insofar as this is provided for by law. Decisions on measures will be communicated to the person concerned, stating the main reasons, where provided for by law.

5. affected users may lodge an appeal against moderation decisions within six months of notification of the decision. The complaint must be submitted via the support form. The operator shall review the decision again and notify the result.

6. notwithstanding the internal complaints procedure, affected users have the right to appeal to an out-of-court dispute resolution body certified in accordance with Art. 21 DSA.

7. the operator uses both manual checks and - where necessary - supporting automated detection systems to enforce its terms of use. Decisions on measures are only made after human review. Decisive criteria for measures are, in particular, the type and severity of the violation, repeat cases and legal requirements.

8. the operator publishes an annual transparency report in accordance with Art. 15 DSA on its website.