General Terms and Conditions (GTC)

Preamble

The game “Lootist” is offered by CM-InnoTec UG (haftungsbeschränkt). The services provided within the framework of this game are provided exclusively on the basis of these terms and conditions. These terms and conditions apply to all versions of the game “Lootist”, regardless of the platform or version on which it is offered, as well as to activities on the homepage of CM-InnoTec UG (haftungsbeschränkt) and all connected e-commerce solutions and social media profiles.

These terms and conditions apply to all versions of the game, both with and without the purchase of premium content. Premium content includes all types of services and virtual items offered as part of the game.

These terms and conditions can be viewed at any time, are stored by CM-InnoTec UG (haftungsbeschränkt) and can be printed out if technically possible. In the event of contradictions between these terms and conditions and any rules of the game, these terms and conditions shall take precedence.

In the following, “CM-InnoTec UG (haftungsbeschränkt)” is referred to as the Operator.

1. Scope of application

The validity of any terms and conditions of the user of the game “Lootist” (hereinafter “User”) is hereby expressly rejected.
In addition to these terms and conditions, the privacy policy and any game rules apply, which are listed separately and linked on the operator’s website. This includes domains and platforms on which “Lootist” and the associated services are offered. Game rules apply if they are reasonably made available to the user and can be changed without regard to these GTC, provided that they are purely internal to the game and have no effect on contractual relationships between the operator and the user.
The terms and conditions apply to all users of the game “Lootist”. By downloading the game from the app stores and starting the game on the end device, the user accepts them as binding. This applies regardless of any explicit agreement to the Terms and Conditions, as long as these were reasonably perceptible to the user. They apply to any use of the game and all types of contractual relationships with the operator regarding the game “Lootist”.
The operator offers the game “Lootist” exclusively to consumers within the meaning of § 13 BGB. The use of the game for commercial or other commercial purposes is excluded. All persons who have reached the age of 13 at the time of registering for the game are eligible to play. By registering for the game, the user expressly affirms that he/she has reached the age of 13.
Internal game rules may regulate further exclusively internal effects in accordance with no. 2. These may also include purely in-game penalties, such as warnings or fines based on an in-game currency.
Purely in-game changes, such as balancing or special actions, can be communicated by the operator through in-game messages, on the website or as a changelog description in the app stores. It is the user’s responsibility to take note of these notifications on a regular basis. There is no obligation to notify the user directly of such adjustments to the game in any other way.
If you do not accept these terms and conditions in part or in whole, the Operator is not prepared to enter into a license agreement with you and you are therefore not entitled to use the game “Lootist” or other services of the Operator.

2. Amendment of the terms and conditions, transfer of rights and claims

The operator reserves the right to amend or supplement these terms and conditions at any time with effect for the future if this appears necessary for valid reasons, if legal framework conditions require this or if extensions to the game make this necessary. If the amendment significantly disturbs the contractual balance between the parties, the amendment shall not be made.
Changes to these Terms and Conditions will be communicated to the extent that a new version of the Terms and Conditions must be accepted at the time the game is launched in order to enable further use of the game. When purchasing premium products via the app stores, the validity of the current version of the T&Cs must always be accepted.
Amended GTC shall also take effect vis-à-vis the user if the user uses the game applications without having objected to them. In the event of an objection to the GTC, the operator is entitled to terminate the license agreement in due time in accordance with these GTC and to delete any access and data of the user, provided this is technically possible and within the operator’s sphere of influence.
If the user does not object to the amended terms and conditions within a period of two weeks after being informed and having the opportunity to take note of them, the amended or supplemented terms and conditions shall become effective vis-à-vis the user.
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 failure to object.
The operator is entitled to transfer all license agreements, agreements on premium options, game rules, internal rules and claims of the users and the operator to another natural or legal person, unless mandatory legal reasons prohibit this. This shall be done in compliance with the applicable data protection law. The Operator is also entitled to change the ownership structure of the game, even to the extent of a complete change of ownership. The operator will inform the user of such a process with a notice period of two months. The User retains the right to object to the transfer of contractual relations. The user must address this objection to the operator in writing or in text form. In response to an objection by the user, the operator is entitled to terminate the contractual relationship with the user at the time of the relevant change and to completely delete the data and thus also game progress, insofar as this is technically possible and possible due to legal provisions or data protection regulations.
The operator reserves the right to change, interrupt or discontinue the game in whole or in part at any time. This applies in particular if technical, legal or security-related reasons require a change, interruption or discontinuation. In this case, the user has no claim to restoration of the original state of the game.
The Operator is entitled to update, modify or improve the Game and the associated services at any time in order to ensure the attractiveness of the Game for the widest possible range of Users. To ensure that all users can participate in the same version of the game, the user may only use the latest version of the game, services, premium services, items or currency.

3. Services, offers, content of the contract

The game “Lootist” is offered as a mobile game and is accessible via the Apple and Google Play app stores. It is possible to register for the game free of charge, whereby a license agreement is concluded between the user and the operator.
The contract for the use of the game “Lootist” is concluded by downloading the app from the respective app stores and starting the game on the user’s mobile device. When logging into the game for the first time, an account is created with PlayFab for the operator with the help of the provider PlayFab. In addition, game logic is executed via Microsoft Azure. Before logging in, the user is made aware of the data protection provisions and these GTC, which are reasonably perceptible to the user. Explicit consent to the GTC is not required.
In addition to the free version of the game, the operator offers additional services for a fee, known as “diamonds”. Diamonds are an in-game currency that can either be earned by achieving game objectives or purchased as in-game packages via the purchase functions of the Google or Apple app stores. The terms and conditions, payment methods, return policies, vouchers and bonus programs of the respective app store apply to the purchase of diamonds. Diamonds can be used by players to purchase benefits and virtual items (so-called “digital assets”) in the game. The use of these additional options is voluntary and not using them does not restrict any other use of the game. The obligation to pay is indicated separately in the game.
The operator reserves the right to change the amount of diamonds that must be spent for a game advantage or a digital asset at any time and without prior notice. The user is not entitled to return diamonds already purchased or to receive a refund if the required amount of diamonds for a game advantage or digital asset changes.
The Operator may provide time-limited promotions such as Season Passes or similar offers that can be purchased by exchanging Diamonds. The exact conditions and content of such time-limited offers are described in the game or on the operator’s website.
Diamonds, digital assets or other content purchased in the game cannot be exchanged back for diamonds or real money. There is no entitlement to a refund or exchange unless this is required by law.
In addition to these GTC, the terms of use and data protection provisions of the respective app stores (Apple App Store or Google Play Store) apply to the purchase of diamonds. In the event of contradictions between the provisions of the app stores and these GTC, the provisions of the app stores shall take precedence.
The operator endeavors to give users a reasonable period of time to use the diamonds they have purchased before the game is discontinued. However, the Operator reserves the right to discontinue the operation of the game at any time without giving reasons. In this case, all diamonds, digital assets and virtual items purchased in the game will be forfeited without replacement, insofar as this is permitted under the applicable local laws. There is no entitlement to a refund.
The use of the game “Lootist” is otherwise subject to the provisions of these GTC. Provisions in the terms of use of the app stores that go beyond or contradict these GTC shall not apply, unless this is required by law.

4. Purchase of premium content, in-app purchases

The user can purchase premium items offered in the game “Lootist” at any time, in particular diamonds. To purchase premium content, the user must be 18 years of age or older.
The purchase of premium content, in particular diamonds, takes place exclusively via the in-app purchase systems of the respective app stores (Apple App Store, Google Play Store). The terms of use, data protection provisions, payment methods, return policies, vouchers and bonus programs of the app stores apply to these purchases. In the event of contradictions, the regulations of the app stores shall take precedence.
The contract for the purchase of premium content is concluded between the user and the respective app store. Payment processing, confirmation emails and the right of withdrawal are the responsibility of the respective app store.
It is the user’s responsibility to inquire about the exact content of the premium content before making a purchase. A refund after the purchase can only be made within the framework of the regulations of the respective app store.
With the purchase of premium content, in particular diamonds, the user only receives a simple right to use the digital content. There is no entitlement to the transfer of ownership or further rights of use. All rights remain with the operator.
Acquired premium content, in particular diamonds, are exclusively tied to the user’s account and cannot be transferred to other accounts or users. A payout or refund of diamonds in real money is excluded, unless this is required by law.
The operator reserves the right to change prices and compositions of premium content and services at any time without prior notice. Content that has already been purchased is not affected by this.

5. Revocation rights

As a rule, purchases of premium content such as diamonds are made via the respective app stores. The terms and conditions, revocation rights and other statutory provisions apply. In the event that a purchase is made from the operator, this revocation policy applies.

Right of revocation

You have the right to revoke the license agreement for the game and a contract for the use of a premium option within fourteen days without giving reasons.

The revocation period begins fourteen days from the day the contract is concluded.

To exercise the right to cancel, you must inform CM-InnoTec UG (haftungsbeschränkt), Bayreuther Str. 50, 95496 Glashütten, Tel: +49 (0) 160 / 99 68 95 95, E-Mail: c.meyer@cm-innotec.de of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, CM-InnoTec UG (haftungsbeschränkt) 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 CM-InnoTec UG (haftungsbeschränkt)), without undue delay and in any event not later than 14 days from the day on which CM-InnoTec UG (haftungsbeschränkt) is informed about your decision to withdraw from this contract. For this repayment, CM-InnoTec UG (haftungsbeschränkt) will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will CM-InnoTec UG (haftungsbeschränkt) charge you any fees for this repayment. CM-InnoTec UG (haftungsbeschränkt) may withhold the refund until the virtual items have been permanently removed or until the customer has provided proof that removal has taken place or could have taken place, whichever is the earliest.

End of the withdrawal policy

Sample withdrawal form

(If you wish to withdraw from this contract, please complete and return this form).

– CM-InnoTec UG (haftungsbeschränkt), Bayreuther Str. 50, 95496 Glashütten, Tel: +49 (0) 160 / 99 68 95 95, E-Mail: c.meyer@cm-innotec.de

I/we (*) hereby revoke 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

(*) Delete as appropriate.

Special notes:

The right of withdrawal expires prematurely for contracts for the delivery of digital content not on a physical data carrier and for the transfer of blockchain tokens if CM-InnoTec UG (haftungsbeschränkt) has started to execute the contract after the user has

1. has expressly agreed that CM-InnoTec UG (haftungsbeschränkt) may commence performance of the contract before expiry of the withdrawal period, and

2. has confirmed his knowledge of the fact that he loses his right of withdrawal by giving his consent at the beginning of the execution of the contract.

3. after the purchase, or in the purchase confirmation, the circumstances of his waiver were pointed out in text form.

6. Obligations of the user

The user undertakes to comply with the laws and regulations applicable to him/her when using the game “Lootist”. He undertakes to comply with the applicable rules of the game.
The user is obliged to keep their access data for the game secret and to change it regularly for security reasons. If a third party uses a user’s account after obtaining the access data because the user has not adequately secured it against unauthorized access, the user must be treated as if they had acted themselves. The user is free to prove that it was not the user who acted and that the account was adequately secured against unauthorized access.
The user is only authorized to use the game with the help of the official app. Any other use of additional programs, scripts or other aids is expressly prohibited.
The User is prohibited from using mechanisms, software or other scripts in connection with the use of the Game that may interfere with the functioning of the Game. The user may not take any measures that could result in an unreasonable or excessive load on the infrastructure of the game.
Bugs or errors in the game may not be exploited. If the user discovers such an error, they are obliged to report it to the operator immediately. The deliberate exploitation of errors can lead to an immediate blocking of the game account.
Acquired in-game currency (diamonds) or virtual items may not be transferred, sold or given away to other users. Trading outside the game is not permitted.
If the above rules are disregarded, the operator reserves the right to terminate the license agreement and any premium contracts without notice and to temporarily or permanently block the user’s account.

7. Liability and defects

The operator is only liable for damages caused by the contractual use of the game “Lootist” and only in cases of intent (including fraudulent intent) and gross negligence. In the case of defects of title, the operator is only liable for fraudulently concealed defects.
The operator is liable without limitation in cases of intent and gross negligence. The operator is also liable for negligent breach of material contractual obligations. Material contractual obligations are obligations that make the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the fulfilment of which the user may rely.
The above limitations of liability shall not apply in the event of fraudulent concealment of a defect or in the event of injury to life, limb or health. The liability and obligations of the operator under the Product Liability Act remain unaffected by these terms and conditions.
Compensation for the breach of essential contractual obligations shall be limited to the foreseeable damage typical of the contract, unless there is intent or gross negligence or liability for injury to life, limb or health.
The operator endeavors to offer the service for retrieval with as few interruptions as possible. Even with all due care, downtimes cannot be ruled out in which the web servers cannot be accessed via the Internet due to technical or other problems that are beyond the operator’s control (fault of third parties, force majeure, attacks against the infrastructure by hackers, etc.). The user acknowledges that 100% availability of the website or services associated with the game is not technically feasible.
The operator shall endeavor to operate the system in such a way as is technically feasible to prevent the loss of user data. In the unlikely event of data loss, the operator shall only be liable if it has caused the loss intentionally or through gross negligence and the user has backed up its data at intervals appropriate to the application in a suitable form so that it can be restored with reasonable effort.

8. Term and termination

The free game usage contract is concluded for an indefinite period. Contracts for premium services, in particular for the purchase of diamonds, have either the same term as the game usage contract or a term expressly specified at the time of purchase.
In the event of the purchase of a time-limited game advantage, a subscription or a digital item with a limited term (e.g. a Season Pass), the corresponding contract shall run for at least the specified term of the purchased product. During this minimum term, ordinary termination of the contract by either party is excluded.
After the minimum term has expired, either party may terminate the game usage contract at any time without giving reasons. Termination by the user is affected by deleting the user’s account. The operator may terminate the contract at any time by deleting the user’s account, subject to a reasonable notice period of 14 days.
The right of both parties to extraordinary termination of the license agreement without notice for good cause remains unaffected by the above provisions. Good cause shall be deemed to exist for the operator in particular if the user repeatedly or seriously violates these GTC, in particular the provisions in § 6.
In the event of extraordinary termination by the operator for good cause, the operator is entitled to immediately block and delete the user’s account. In this case, there is no entitlement to reimbursement of fees already paid.
Upon termination of the contract, the account and all stored data of the user will be irretrievably deleted after a reasonable period of 30 days, provided there are no statutory retention obligations. During this period, the user has the option of backing up their data. Data intended for permanent blocking cannot be deleted by the app store provider (GameCenter or Play Games Services).
Acquired game benefits, subscriptions or digital items expire upon termination of the contract, regardless of their original term. There is no entitlement to reimbursement of fees for game benefits, subscriptions or digital items not yet used at the time of termination of the contract, unless the contract was terminated by the user for good cause.
The operator reserves the right to discontinue operation of the game at any time without giving reasons. In this case, all diamonds, digital items and game benefits acquired in the game will expire without replacement. There is no entitlement to a refund unless otherwise stipulated by law.
In the event that the game is discontinued, the operator will inform the users in good time, at least 2 months in advance, of the impending discontinuation so that they can save their data and still use the game benefits and digital items they have acquired.

9. Data protection

The operator collects and uses the user’s personal data only insofar as this is necessary to provide the services under the game usage contract. Details on the collection and use of data are regulated in the privacy policy.
The user expressly consents to the collection, processing and use of his/her personal data. The data will only be passed on or otherwise transmitted to third parties by the operator if this is necessary for the purpose of processing the contract or if the user has given prior consent.
The user has the option of accessing, changing or deleting their stored data at any time via their profile or by contacting the operator. If the profile is deleted, all of the user’s data will be removed, unless it must be retained for the completion of outstanding tasks or due to legal requirements.
Further information on data protection can be found in the privacy policy, which can be accessed at any time on the provider’s website or directly in the game.

10. Rights

The operator provides the user with the game “Lootist” as a simple right of use for private use on mobile devices. Furthermore, the game or parts thereof may not be reproduced or made publicly accessible on the Internet or via a network or stored on data carriers. They may also not be used or exploited commercially. Editing, decompiling, disassembling and reverse engineering are prohibited unless expressly permitted by law. Inciting third parties or aiding and abetting such actions is also prohibited.
The user may only download the game “Lootist” from the official app stores (Apple App Store, Google Play Store) and install it on their mobile device. Use of the game on other platforms or via other sources is not permitted.
For all content made available by the user within the scope of the game, the user grants the operator the simple, spatially unrestricted right to reproduce and make publicly available in connection with the game and all mobile applications of the operator free of charge. The user guarantees that he has the necessary rights to all content posted and/or used so that the operator can offer the game worldwide.
The user shall indemnify the operator against all claims, including claims for damages, asserted by other persons or other third parties due to an infringement of their rights by the behavior of the user or by the content or data posted by the user. The user is obliged to reimburse the operator for the reasonable costs incurred as a result, in particular the costs incurred by any necessary legal defense. All further rights and claims for damages remain unaffected.
The operator reserves the right to remove or modify content made available by the user within the framework of the game at any time and without stating reasons, in particular if this violates legal provisions, public decency or the rights of third parties.
All rights to the game “Lootist”, including all content, graphics, sounds, animations and program codes, belong exclusively to the operator or its licensors. The user is only granted a simple right of use within the scope of these terms of use.

11. Protection of minors

The game “Lootist” is suitable for people who are at least 13 years old. It does not contain any content that is harmful to minors or may impair the development of children and young people.
However, the operator clarifies that a minimum age of 18 years applies to in-app purchases. By purchasing diamonds or other premium items, the user confirms that they have reached the age of 18.
The operator reserves the right to ask users for age verification if there is any doubt as to whether they are of legal age. If a user cannot prove that they are of legal age, the operator is entitled to block the account and cancel any contracts for premium items.
The operator points out that it is the responsibility of parents to monitor and, if necessary, restrict the use of the game by their children. The operator accepts no liability if children or young people use the game contrary to these provisions.

12. Applicable law, place of jurisdiction and other matters

The law of the Federal Republic of Germany shall apply to contracts between the operator and the users, excluding the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer, the mandatory provisions of the country in which the user has his habitual residence shall remain unaffected.
The place of jurisdiction for all legal disputes arising from contractual relationships between the user and the operator is the operator’s registered office.
The operator is entitled to amend or supplement these GTC with a notice period of four weeks in advance, insofar as this does not affect essential provisions of the contractual relationship and this is necessary to adapt to developments that were not foreseeable at the time the contract was concluded and whose non-consideration would noticeably disturb the balance of the contractual relationship. If the user does not object to the validity of the new GTC within four weeks of notification, the amended GTC shall be deemed to have been accepted by the user. The operator shall inform the user separately in the notification of his right of objection and the significance of the objection period.
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
The English version is only a translation of the German version. I case of doubt, the German version of this GTC, as long as permissible, shall survive.

Last updated: 16.08.2024