General Terms and Conditions of Business

InnoGames GmbH ("InnoGames"), Harburger Schloßstraße 28, 21079 Hamburg, Germany operates various browser-based online games ("Games") that can be played by users ("Users"). The services provided within the context of the Games shall be provided on the sole basis of these General Terms and Conditions of Business ("GTCB").

Article 1 Applicability

  1. In addition to the present GTCB the relevant rules of the game and game instructions applicable to the game, which are specified on the website, shall apply.
  2. These GTCB shall be published on the games websites. They may be consulted there and can be printed out. At the written request of the User, the GTCB can also be sent by email.
  3. By sending a request to open a gaming account ("Account") for the game ("Registration") and with each login to the games platform, the User accepts the relevant version of the GTCB.
  4. InnoGames shall only provide the games for consumers within the meaning of section 13 of the German Civil Code. Use of the games for profit-making purposes or other commercial purposes shall be prohibited. Minors shall only be eligible to play with the consent of their legal guardian prior to registration for the game.
  5. InnoGames hereby reserves the right to modify or add to these GTCB at any time with future effect, e.g. changes to reflect the legal or statutory position, expansion of InnoGames' service portfolio etc., providing the user is not adversely affected in breach of good faith hereby. The user shall be informed of changes to these GTCB appropriately by means of notification. Notification shall either be on the website, upon logging in to the relevant games platform or in the form of an email sent to the email address specified by the user.
  6. The user may object to the changes to the GTCB within one (1) month of receipt of the notification ("Objection Period"). For the purposes of preservation of evidence, it is recommended that the user sends the objection to InnoGames in writing or by email. In the latter case it would be prudent to specify the name of the game and the name of the user in the Subject line. If the user fails to raise an objection with InnoGames to the amended GTCB within the objection period or where he/she continues to use the Games, then the amended or additional GTCB shall be effective against him/her. Where the user raises an objection within the requisite period, InnoGames shall be entitled to delete his/her account. The user shall be refunded pro rata for any service fees paid in advance for periods beyond the termination or these shall be credited to other Games. Any other claims by the user shall be prohibited. In its notification of the changes, InnoGames shall specifically mention the ability to object and terminate, the deadline and the legal consequences, in particular with regard to failure to object.

Article 2 Membership

  1. Membership shall essentially be free of charge. By correctly and fully completing all input fields in the registration form, including specification of a permanent email address, the user shall initiate a binding application for membership ("Membership"). Each membership relates to participation in a particular game using a particular account.
  2. The application shall be confirmed by InnoGames by email containing an activation link. No membership shall arise as a result of this confirmation letter. Membership shall only arise when the user has clicked on the activation link and InnoGames has activated the user.
  3. The user does not have a right to membership.

Article 3 Service Content

  1. The games services shall be available to users with membership and therefore with an account.
  2. The games are always played within the framework of a free of charge basic usage ("Basic Use"). With Basic Use the user ("Basic Player") is provided with a free basic version of the game.
  3. The InnoGames service consists of providing the latest version of the game. All games provided by InnoGames are constantly revised and updated to make them appealing to as wide a circle of users as possible.
  4. InnoGames hereby reserves the right to cease operating the games without justification.

Article 4 Premium Use

  1. If the User opts for paying premium use ("Premium Use"), he/she must provide additional declarations and shall be expressly informed of the effects thereof beforehand.
  2. Premium Use consists of the use of additional game functions ("Features") through which game advantages not available to basic users are obtained. Service fees shall be charged by InnoGames for Premium Use. Thus players can upgrade their accounts thereby gaining advantages (e.g. dynamic menu bars, no deletion due to inactivity) over basic users.
  3. Where a user opts for Premium Use for the first time, he/she may cancel this in writing, without justification, within a period of two weeks (e.g. letter, fax, email). The period shall commence at the earliest upon receipt of this official notification. Timely dispatch of the cancellation shall suffice for compliance with the cancellation period.
  4. In terms of services provided by InnoGames, the right to cancel shall lapse at the user's express request prior to the user having exercised his right to cancel, provided the contract is deemed to have been completely fulfilled by both sides. The cancellation should be sent to:
    InnoGames GmbH
    Harburger Schloßstraße 28
    21079 Hamburg, Germany
    Fax: +49 (0)40 7889335 21
    Email: info@innogames.de

    Cancellation may also be declared in the payment section of the game. When cancelling by email, for more rapid processing, it would be wise to specify the name of the user and the name of the game in the Subject line.

  5. In the case of an effective cancellation payments received on both sides are to be returned and, where applicable, any use obtained surrendered. This means that previously paid fees shall not necessarily be reimbursed in full if the user has made use thereof prior to declaring the cancellation.
  6. The fees shall be payable in advance upon purchasing Premium Use.
  7. The user shall not be entitled to any particular payment method.
  8. The user shall be liable to InnoGames as regards any reversals or back charges attributable to him/her. He/she shall bear the costs arising as a result hereof and the resultant handling charge of EUR 10.00. InnoGames shall be entitled to collect this amount from the user's account. The onus shall be on the user to prove whether or not damage occurred in the amount claimed.
  9. In the event of default, InnoGames shall, irrespective of any existing payment obligation on the part of the user, be entitled to cease providing its services and to block the account. A fee shall not be payable within this period. InnoGames shall be entitled to charge legal interest on arrears of 5 percent above the relevant base rate however.
  10. The user may only offset undisputed or legally established counterclaims. A right of retention may only be exercised by the user if its counterclaim originates from the same contractual relationship.
  11. InnoGames hereby reserves the right to cease operating the games without justification. The user may demand reimbursement for fees already paid out for features or for these to be credited to and transferred to other games operated by InnoGames. Both options shall only apply to fees unused up to this point in time. Any other claims by the user shall be prohibited.

Article 5 Defects Warranty

  1. The user is aware of the fact that the games offered by InnoGames - as with any software - can never be completely free from defects. Thus a defect in the game shall only be assumed in the case of serious and ongoing interruption.
  2. InnoGames hereby warrants an annual average of 97% availability for the game however. This shall exclude regular games maintenance which can only be carried out offline, force majeure or unavailability due to external manipulation.
  3. Defects noted by the user are to be reported immediately following their discovery. For the purposes of preservation of evidence, this notification should be documented in writing and sent to InnoGames (by fax, letter or email).
  4. The user hereby undertakes to cooperate as far as possible in the rectification of defects.

Article 6 Limitation of Liability

  1. InnoGames shall only be liable for compensation and the reimbursement of wasted expenditure ("compensation") on grounds of a breach of contractual or non-contractual obligations
    1. in the case of intent or gross negligence,
    2. negligent or deliberate injury to life, body or health,
    3. due to the adoption of a guarantee of quality,
    4. in the case of a negligent or deliberate breach of fundamental contractual obligations,
    5. on the grounds of compulsory liability under the German Product Liability Act and within the field of application of section 44a of the German Telecommunications Act or
    6. on the grounds of any other compulsory liability.
  2. Compensation for breaching fundamental contractual obligations shall be limited to the contractually anticipated, foreseeable damages in the absence of liability for intent or gross negligence or due to injury to life, body or health or the adoption of a quality guarantee or product liability.
  3. The foreseeable damages shall be limited to EUR 250.00 per account.
  4. Existing disclaimers shall also apply as regards the liability of executive staff, workers, employees, representatives and vicarious agents of InnoGames, in particular for the benefit of shareholders, employees, representatives, entities and their employees regarding their personal liability.
  5. No change in the burden of proof shall be associated with the foregoing provisions to the detriment of the user.
  6. InnoGames shall only be liable for guidance if the question posed relates to the content of the services on offer.
  7. InnoGames hereby expressly dissociates itself from the content of all pages containing direct or indirect links (so-called "Links") from the InnoGames offer. InnoGames shall not accept any liability whatsoever for this content and these pages. The providers of the pages in question shall themselves be responsible for the content of these pages.

Article 7 Contract Term and Termination

  1. The contracts between the user and InnoGames regarding basic use of the games shall be concluded for an indefinite period unless otherwise stipulated in the actual offer from InnoGames.
  2. Where a specific term has not been agreed upon for the games usage agreement, it may be terminated at any time with two weeks' notice without any need for justification. The express abandonment of an account by the user shall be deemed termination of the games usage agreement for this account.
  3. The right of the parties to termination of membership or Premium Use at any time for good cause shall remain unaffected by the foregoing provisions.
  4. Where extraordinary termination of the games usage agreement or Premium Use is attributable to InnoGames, any fees paid in advance by the user for periods beyond the point of termination shall be reimbursed to them pro rata. Additional claims by the user shall be prohibited unless otherwise agreed in these GTCB. In the event of ordinary termination by the user and in the case of extraordinary termination by InnoGames attributable to the user, all fees paid shall be forfeited upon the termination taking effect.
  5. In particular, but not exclusively, InnoGames shall be entitled to termination for good cause where
    1. the user falls into arrears of EUR 1.99 with payment of his/her fees and does not pay in spite of a formal notice of default;
    2. the user deliberately breaches the rules of the game and does not cease this breach in spite of a formal notice;
    3. the user has not used his/her account for a period of 14 consecutive days.
  6. A warning may be dispensed with in the case of special circumstances that, on weighing up mutual interests, warrant immediate termination with prior warning.
  7. In the event of termination for good cause declared by InnoGames, InnoGames shall be authorised to claim a sum of 50% of all fees that the user would have had to pay (in particular for features already ordered). The right of the user to prove that no or significantly less damage was incurred, shall remain unaffected.
  8. If termination options (delete function) are not provided for within the game in question, termination must be made in writing (letter, fax, email). In the case of extraordinary termination, reasons must be given for the termination.
  9. For technical reasons, final deletion of the account and the user data will only occur a few days subsequently.

Article 8 Data Protection

Information about the type, scope, location and purpose of the collection, processing and use of personal data required for provision of the service and dispatch of newsletters by InnoGames and about the user's right to information and the right to correct, block and delete such data can be found in the Data Protection Statement.