1 Object of Terms of Service

 

• 1.1 These Terms of Service (hereinafter “ToS”) govern the legal relationship between you and GimmeMore GmbH, Alex-Wedding-Str. 5, 10178 Berlin, Germany (hereinafter referred to as “GM”) with regard to your use of the Quiz Bingo: World Tour, a digital mobile app offered by GM (hereinafter the “Service” or “App”).

• 1.2 The Service is intended solely for entertainment purposes. It is not designed to influence your real-life personal, financial, professional, or other decisions. No real-life money is needed to use the Service, and you cannot win any real-life money or anything of real-life value within the Service. The Service offers the option to purchase virtual items for real-life money subject to the provisions of these ToS.

• 1.4 The use of the Service is generally free of charge. The purchase of virtual items is subject to the provisions and applicable fees as outlined in Section 3 below. Depending on the internet connection used and your internet rate, you may, incur internet connection charges which will be charged to you by third parties (e.g. internet provider, mobile network provider).

• The use of the Service requires downloading the App from the Google Play Store or Apple App Store, accessible e.g. via our website www.quizbingo.io. The App can only be obtained through these platforms. The terms of use of the respective platform apply. We assume no liability for the availability, functionality, or accessibility of these platforms.

• 1.3 You must be at least 13 years old to use the Service. For making purchases of virtual items in the Service you must be at least 18 years old.

• 1.5 Contractual language is English.

• 1.6 By using the Service, you accept these ToS.

 

2 Registration

 

• 2.1 You can optionally register for the Service and create a personal user account (“Account”).

  • a. You can create your Account by entering your e-mail address and a password.

  • b. We may also offer to create an Account by way of registration via third party platforms (e.g. Facebook or Google Play Store); such third party registration is subject to its own terms. We recommend you make yourself familiar with these terms. By registering via a third party platform, you authorize GM to access certain information provided by the third-party platform, such as your name, email address, profile picture, and any other information as permitted by the third party platform’s terms. When registering through a third party platform, GM will only access and store information that is required for Account creation and the functionality of the Service. All data handling and storage comply with our [Privacy Policy].  

  • b. The Account is free of charge. It provides different features as outlined in the Service.

  • c. You are obliged to provide and maintain all Account information correctly. The registration is not mandatory to use the Service. However, certain features may require your registration (e.g. purchase of virtual goods).

  • d. You can terminate your Account at any time without observing a notice period by simply deleting the App. Please note that all your App results and purchased Virtual Goods will be deleted and cannot be retrieved.

  • e. GM is entitled to terminate your Account in text form (e.g. e-mail) by observing a 14 days’ notice period. After the lapse of the termination notice period your Account will be deleted.

  • f. The right of extraordinary termination for good cause remains unaffected.

  • g. GM shall be entitled to terminate, suspend and/or delete your Account immediately without further notice if you violate applicable laws, these ToS or the rights of third parties. Further rights of GM shall remain unaffected.

• 2.2 We reserve the right to terminate and/or delete your Account if your account was not active for more than 180 consecutive days.

 

3 Virtual Items

 

• 3.1 The Service offers you the ability to purchase and use virtual items such as coins, diamonds, gems etc. (hereinafter "Virtual Items") solely within the Service for gameplay and entertainment purposes.

• 3.2 Virtual Items have no real-life monetary value. Except for the case of ordinary termination of the contract by GM or in case you exercise your right of withdrawal, Virtual Items are not redeemable or exchangeable for actual currency, goods, or services outside of the Service. You can use the Service without making any purchases.

• 3.3 The purchase of Virtual Items is subject to payment of the applicable fees in real-life money as outlined in the Service.

• 3.4 We accept the payment methods outlined in the Service’s checkout. We may offer payment via third party platforms like Facebook, Apple, or Android; such payments are subject to those platforms' payment terms. We recommend you make yourself familiar with these payment terms. GM is not liable and responsible for how payments are processed via such third party platforms.

• 3.6 Once you decide to purchase Virtual Items, this constitutes an offer to GM to obtain a limited license to use such Virtual Items within the Service. Your offer is accepted by GM once the Virtual Items have been made available to you in the Service.

• 3.7 Once acquired, Virtual Items can only be used within the Service in accordance with its gameplay mechanics.

• 3.8 Virtual Items may not be transferred, gifted, sold, or traded to any other user or third party.

• 3.9. You can only purchase and hold Virtual Items, if you are a resident of a country where the Service is legally available.

• 3.10 For making purchases of virtual items in the Service you must be at least 18 years old. You warrant that you are above the age of 18, that all payment data you enter is correct and that you are fully authorized to pay with the payment means used.

• 3.11 Insofar as value added tax ("VAT") is applicable by law, all fees are understood to include VAT.

• 3.12 We reserve the right to exclude users from purchasing Virtual Items in our own discretion. In case GM has the right to terminate, suspend or delete your Account, this also applies to the Virtual Items within such Account, i.e. such Virtual Items are forfeited.

• 3.12 Virtual Items are digital products. Refunds are not offered for digital products once the order is placed and the digital products are delivered to you. If you are a consumer residing in the European Union, you are entitled to withdraw from your contract subject to the provisions of the right of withdrawal as outlined in the Annex to theses ToS. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to business nor self-employed/entrepreneurial activities.

• 3.13 Virtual Items are merely a unit of measurement that reflects the extent of your usage of the Service in accordance with the license granted to you under theses ToS (e.g. the number of actions you can take or levels you can unlock) and are not subject to exchange or conversion into real-life currency. Specifically, they do not qualify as electronic money under the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz).

 

4 Free Rewards for Viewing Ads

 

• 4.1 We may offer you in the Service from time to time at our own discretion the option to watch advertisements (hereinafter “Ads”) in exchange for free in-game rewards (hereinafter the “Rewards”). These Rewards may include, but are not limited to:

  • Additional retries

  • Extra gameplay time

  • Virtual Items

• 4.2 To receive the Rewards, you must have an Account with the Service and watch the respective Ads in full. Skipping or prematurely exiting the Ads may result in no Reward being granted. Rewards will be automatically credited to your Account once the Ad has been completed. The amount of Rewards that can be earned per viewed Ad will be published in the Service and is in GM’s sole discretion. 

• 4.3 Watching the Ads is entirely voluntary. You are not required to engage with Ads in order to continue playing the game / use the Service.

• 4.4 The rewards earned from viewing Ads are solely for in-game use and hold no real-life monetary value. These Rewards cannot be transferred, redeemed for cash, or exchanged for any real-life goods or services.

• 4.5 GM reserves the right to modify the nature, amount or availability of Rewards at any time, without prior notice.

 

5 Availability, Modifications

 

• 5.1 GM always endeavors to keep the Service complete, up-to-date and fully functional, but temporary restrictions or interruptions cannot be ruled out as a result of technical malfunctions (e.g. interruptions to the power supply, hardware or software errors, and technical problems in data lines).

• 5.2 Otherwise the right to use the Service is limited to GM's technical and operating capabilities.

• 5.3 GM reserves the right to shut down, restrict or change the operation of the Service wholly or partially, at any time, without explanation.

 

6 Rights of use

 

• 6.1 All copyrights and rights of use to the Service as well as to the content on the Service (text, graphics, etc.) are expressly reserved.

• 6.2 Unless any further use is explicitly permitted in these ToS,

  • a. you may only use the Service and retrieve and display the content available on the Service for personal, non-commercial purposes. This right of use is limited to the duration of your contractual relationship with GM.

  • b. you may not process, change, translate, present, publish, exhibit, duplicate or distribute in any other way the content available on the Service either in whole or in part. You are also forbidden from removing or altering copyright notices, logos or other markings or proprietary notices.

• 6.3 Any unauthorized use, exploitation, distribution, duplication or other breach of commercial property rights and copyrights belonging to GM will be pursued in the civil and criminal courts.

 

7 Forbidden activities

 

• 7.1 The Service is only intended for your non-commercial use. You are prohibited from any use for or in connection with commercial purposes. Prohibited commercial use includes in particular:

  • a. any offer or advertising of paid content, services and/or products, both your own and those belonging to third parties,

  • b. any offer, advertising, or execution of activities with a commercial background such as sweepstakes, draws, barters, adverts, or pyramid schemes, and

  • c. any electronic or other gathering of identity data and/or contact details (including email addresses) belonging to members (e.g. for the dispatch of unsolicited emails).

• 7.2 You are also prohibited from any activities on or in connection with the Service which are in breach of applicable laws or theses ToS, infringe the rights of third parties or breach the principles of protection for minors. Prohibited activities include, but are not limited to

  • Access and use the Service if you don't meet age requirements.

  • Share offensive, indecent, or inappropriate content.

  • Harass or threaten others.

  • Spread viruses or malicious software.

  • Engage in spamming or unauthorized commercial activities.

  • Infringe on intellectual property rights.

  • Create fake accounts, use bots, or cheat.

  • Collect or share private user information without permission.

  • Use unauthorized software, modify files, or hack the service.

  • Exploit bugs or errors in the game for advantage.

  • Transfer or sell Virtual Items without permission.

  • Engage in payment fraud or violate laws.

  • Interfere with the game’s servers or services.

• 7.3 You are also prohibited from engaging in any action liable to impair the smooth operation of the Service, in particular to overload GM's systems.

• 7.4. In case of prohibited activities, GM reserves the right to immediately terminate, suspend and/or delete your Account without notice, to exclude you from using the Service entirely without notice and to terminate the contract with you without notice. Further rights of GM are reserved.

• 7.5 If there is a suspicion of illegal or criminal acts, GM will be entitled and possibly also obliged to check your activities and if necessary, to initiate appropriate legal steps.

 

8 Third-party Links and Advertising

You acknowledge that Service may include third-party Ads and links to websites or vendors offering promotions in exchange for features or upgrades (e.g. Virtual Items). Any costs or commitments from these interactions are your responsibility. GM does not guarantee or assume liability for third-party content, products, or services, even if linked through Service. These sites are beyond GM’s control and may collect personal data. Their privacy policies and terms govern how your data is handled. GM does not endorse linked sites unless explicitly stated. Use of such links is at your own risk.

 

9 Data protection

 

• 9.1 GM will process your personal details for specific purposes and in accordance with statutory provisions.

• 9.2 Personal details given for the purpose of using additional features in the Service, will be used by GM for fulfilment, payment, and handling.

• 9.3 Further information on the nature, scope, location and purpose of GM's collection, processing and use of required personal details can be found in our privacy policy https:/quizbingo.io/privacy-policy.

 

10 Limitation of Liability

 

• 10.1 GM is liable for intent and gross negligence. Furthermore, GM shall be liable for the negligent breach of obligations whose fulfilment is essential for the proper execution of the contract, whose breach endangers the achievement of the purpose of the contract and on whose compliance you, as the contractual partner, could regularly rely. In the latter case, however, GM shall only be liable for foreseeable damage typical for the contract. GM shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences. The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.

• 10.2 GM is not liable for incorrect information caused and/or disseminated by participants and/or third parties including Cooperation Partners, and which is connected to a competition.

• 10.3 GM is not liable for offers from third parties, in particular from cooperation Partners, which are promoted on Service (e.g. via Ads).

 

11 Right of Modification

 

• 11.1 Because we are constantly developing the Service, it may be necessary from time to time to adapt these ToS. We therefore reserve the right to change these ToS with effect for the future.

• 11.2 If you have registered an Account with the Service, changes to the ToS can only be made while adhering to the procedure described in the following paragraphs.

  • a. At least four weeks before the planned effective date of the new version of the ToS, we will inform you about the changes by email. You have four weeks from receipt of the information to familiarize yourself with the changes. If you do not agree with them, you can object to the changes within this period.

  • b. If you object, the contract can be terminated in text form (e-mail sufficient) with a 14 days’ notice period. Otherwise, i.e. if you do not object, the new version of the ToS will apply from the notified effective date.

  • c. We will inform you about the objection period and the legal consequences of an objection, or the passing of the objection period without objection, in the information about the planned change.

  • d. If the changes affect essential contractual obligations incumbent upon us or you (i.e. obligations whose fulfilment is essential for the proper execution of the agreement and on whose observance the respective other contractual party may regularly rely), the reservation of the right to make amendments pursuant to this section shall only apply if the changes are reasonable for you, taking into account our interests. This is the case, for example, if we ensure that conditions applicable at the time the change comes into force remain unaffected until such time as you or we could terminate the agreement, or if we are obliged to make the change due to a change in law or a legally binding or provisionally enforceable court or government order.

 

12 Final Provisions

 

• 12.1 Changes to these ToS and the abrogation of the requirement for written form  must be made in writing to be effective with the proviso that modifications of the ToS by GM are possible in text form (e.g. e-mail) adhering to the provisions of Section 11.

• 12.2 If any provisions of these ToS are or become invalid and/or unenforceable, the validity of the remaining provisions will not be affected.

• 12.3 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The place of fulfilment and jurisdiction is, to the extent permitted by law, Berlin, Germany. If you are a consumer habitually resident in the European Union ("EU"), you also enjoy protection of the mandatory provisions of the law of the EU member state of your residence. You may choose to file claims related to these terms of participation and use arising from consumer protection laws valid in Germany as well as in the EU member state in which you reside.

• 12.4. You are responsible for complying with the laws of your country of residence when accessing the Service. GM is not liable if local laws restrict your participation and makes no guarantees about your legal right to use the Service. GM may monitor your access location and block access from regions where participation is illegal or restricted.

• 12.5 If you are a consumer residing in the European Union, we draw your attention to our following notification about our participation in extrajudicial settlement of disputes and in informal dispute resolution:
   

• We would like to point out that, in addition to the ordinary judicial process, you also have the possibility of an extrajudicial settlement of disputes in accordance with Directive (EU) No. 524/2013. Details can be found in Directive (EU) No. 524/2013 and at the Internet address: https://ec.europa.eu/consumers/odr

 

Our e-mail address is: dispute@gimmemore.com

 

In accordance with section 36 of the German Law on Alternative Dispute Resolution in Consumer Matters (“Verbraucherstreitbeilegungsgesetz") we would like to point out that we are not obliged to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.

 

 

Last update: November, 15th 2024

 

 

 

 

 

Annex

 

RIGHT OF WITHDRAWAL

 

If you, as a consumer, conclude a contract for paid services (e.g. purchase of Virtual Items), the following right of withdrawal applies.

 

WITHDRAWAL INSTRUCTIONS - RIGHT OF WITHDRAWAL

 

You have the right to withdraw from this contract within fourteen days without giving reasons.

 

The withdrawal notice period is fourteen days from the date of conclusion of the contract.

 

In order to exercise your right of withdrawal, you must inform us (GimmeMore GmbH, Alex-Wedding-Straße 5, 10178 Berlin, Germany, withdrawal@quizbingo.io) by means of a clear statement (e.g. a letter or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is not mandatory.

 

In order to comply with the withdrawal notice period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.

 

CONSEQUENCES OF THE WITHDRAWAL

 

If you withdraw from this contract, we shall reimburse you for all payments we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

 

EXCLUSION OF THE RIGHT OF WITHDRAWAL

 

When concluding a contract for the delivery of digital contents that are not stored on a physical data carrier, you expressly give your consent that we will start executing the contract before the end of the withdrawal period by providing the possibility of use of the digital contents. In addition, you confirm that you are aware that through your consent, you lose your right of withdrawal with the beginning of the execution of the contract.

 

Model form for the withdrawal pursuant to Annex 2 to Article 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 EGBGB (If you wish to withdraw from the contract, please complete and return this form)

 

To [insert here the name, address, fax number and e-mail address of the company by the entrepreneur, if applicable]:

 

I/we (*) hereby withdraw the contract concluded by me/us (*) for the purchase of the following goods (detailed description so that it can be clearly established to which goods the withdrawal relates), the provision of the following services (detailed description so that it can be clearly established to which goods the withdrawal relates) (*)

 

ordered on: (*) . . . / received on: (*) . . ..

 

Name of the consumer(s):

 

address of the consumer(s):

 

Signature of the consumer(s) (only in the case of communication on paper):

 

Date:

 

(*) Delete as applicable