Harikoah GmbH – General Terms and Conditions

1. Applicability and scope of validity

   • The following General Terms and Conditions (GTC) Apply to all services provided by Harikoah GmbH, Saarpfalz-Park 1, 66450 Bexbach, Germany, telephone: +49 157 344 31484, e-mail: info@harikoah.de (hereinafter: “Provider”) to Users of its services.
   • A User is any person who makes use of the Provider’s services, for example by using the offers.
   • Access to the Provider’s services can only be granted to the User if the User agrees to these GTC; the GTC become part of the contract at the latest when the User uses the services.
   • The GTC shall Apply to all future orders within the framework of ongoing business relationships, even without explicit inclusion. Deviating, conflicting or supplementary general terms and conditions of the User shall not become part of the contract without the explicit consent of the Provider.
   • The User can view these GTC at any time on the Provider’s website or in the App under the heading GTC, print them out for his/her records or download and save them.
   • The Provider’s offers are continuously developed and updated. By accepting the GTC, the User acknowledges the current version of these GTC, which replaces older versions.

2. Subject matter of the service, conclusion of contract

   • The Provider provides participation in and use of offers in the form of games, in the form of an App and any associated services such as forums, blogs and game-related websites (hereinafter collectively: “App”).
   • The User can participate in the App by downloading and installing it on his/her personal device in the relevant participating App stores and having a valid User license. The User license may be acquired by third parties (e.g. employers) and made available to the User, otherwise by directly acquiring a license via the respective App store.
   • The User relationship is established through the use of the App; if necessary, the User must assign a freely selectable User name, a valid e-mail address and a password for the purposes of use.
   • The Provider is entitled to refuse use temporarily and, if necessary, permanently if the User poses a risk to other Users, the operation of the game or any other infringement of existing rights.
   • The Provider shall endeavor to ensure that the App is available appropriately and as well as possible, with the exception of maintenance work announced in advance, e.g. on the App’s servers. However, the Provider cannot guarantee that its services will be available and error-free.
   • The App can only be used with the hardware and software recommended by the Provider. The Provider cannot guarantee error-free use with other systems.
   • The Provider shall provide the User with access to the App in the current version, and the User shall have no claim to the completeness or accuracy of the offers. The Provider accepts no liability for connection errors, disruptions and interruptions caused by internet service providers or necessary optimization and maintenance work.
   • The protection of game data and user data is extremely important to the Provider. Game and user data is stored exclusively locally on the User’s end device without any access by the Provider, with the exception of any mandatory data required for checking the license entitlement and any registration data of the User.

3. Obligations of the User

   • The App may not be used by third parties or automatically by software, but must be used personally by the User.
   • When using the App, the User confirms that he/she is of legal age and has full legal capacity. If the User is a minor, he/she confirms that he/she is acting with the consent of his/her parents or legal representative.
   • The User may only use one game account at a time. The User may not use his/her gaming account for commercial purposes without the Provider’s separate permission. The game account is personal and may only be transferred to other persons with the separate permission of the Provider. Furthermore, the User is prohibited from logging into the game account of another User. If the User suspects that someone other than himself/herself has gained access to his/her game account, he/she is obliged to inform the Provider immediately.
   • The User is not permitted to exploit any errors in the programming for his/her own benefit, but is obliged to report these to the Provider for the purpose of rectifying the error.
   • The User undertakes to protect any login data, authentication data and passwords and is responsible for access by unauthorized third parties.

4. Term and termination

   • The User relationship between the Provider and the User is concluded for an indefinite period of time upon use of the App or registration, unless otherwise agreed.
   • Both parties have an ordinary right of termination. The right to terminate for good cause remains unaffected. In particular, the Provider is entitled to terminate the contract for good cause if the User culpably violates applicable law, disregards the rules of the game, deliberately disrupts the operation of the game, sends spam messages, violates the rights of others, sends advertising to other users, attempts to gain an unlawful advantage in the game or if the User has not used his/her account for a longer period of at least 90 days.

5. Rights of use

   • The software, tools, images, texts and all other digital content of the App are the property of the Provider or the respective rights holder.
   • The Provider grants the User a simple, i.e. non-exclusive, right to use the services, which is also limited in terms of time and place in accordance with the purpose of the contract or for the duration of the user relationship. The right only includes use in the contractually agreed manner. Any use beyond this, any modification, further processing, decompilation, etc. requires the prior express written consent of the Provider.

6. Liability
   • The Provider is liable for intentional and grossly negligent breach of duty as well as for the breach of essential contractual obligations (i.e. those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely). The Provider is also liable for damages resulting from injury to life, limb or health. Otherwise, liability for simple negligence for breaches of secondary obligations is excluded.
   • In particular, the Provider cannot guarantee that the User will have certain experiences within the App or achieve certain goals. This depends solely on User behavior and whether and how the content of the App stimulates the User.
   • The Provider merely makes the App available for use. The Provider does not offer any therapy or healing effect beyond this. Whether and to what extent the use of the App is beneficial to the User’s well-being is to be experienced and decided by the User himself.
   • If the User feels unwell while using the App or suffers from psychological impairments (e.g. depression, mood swings), it is recommended to consult medical and/or therapeutic staff immediately.
   • The Provider accepts no responsibility for the content, accuracy and form of user-generated content, as the Provider cannot control this. Each User is explicitly responsible for any content written, posted or uploaded by him/herself and for compliance with rights.
   • Every User is obliged to comply with existing law and the statutory provisions. The User undertakes to compensate the operator for all damages incurred by him/her as a result of non-compliance with this agreement or the infringement of third-party rights. The publication of illegal or punishable contributions or offensive statements is expressly prohibited.

7. Data protection

The Provider respects applicable data protection law and endeavors to protect the User’s data in particular. Details on the Provider’s data protection can be found in the App’s data protection information.

8. Final provisions

   • German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules. If the User is a consumer, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the User has his/her habitual residence.
   • The invalidity of one or more provisions shall not affect the validity of the remaining provisions.