Calumma Games GmbH, Friedrichstraße 79, 10117 Berlin (hereinafter: "Calumma") develops and provides computer games for mobile devices (hereinafter: "Mobile Games") via app stores exclusively for private individuals (hereinafter: "Users"). The following terms and conditions apply to the use of these Mobile Games:
1. These Terms of Use apply in addition to the terms of use provided by Apple (as operator of the App Store), Google (as operator of the Google Play Store) or other comparable providers (hereinafter collectively: "App Store Operators"). In the event of a conflict, these Terms of Use shall take precedence over those of the App Store Operators with regard to the relationship between Calumma and the respective User. The App Store Operators are entitled to assert the rights arising from these Terms of Use against Users directly.
2. These Terms of Use shall apply from 1 May 2024 and shall be automatically incorporated into the contract for the use of a Mobile Game between the User and Calumma (hereinafter: "User Agreement"). By downloading or accessing any Mobile Game from Calumma, the User agrees to comply with these Terms of Use.
1. To use the Mobile Games, the User must download and install the respective Mobile Game online via an app store onto a compatible device (Section 2.2). The connection must have a minimum download speed of 5 Mbit/s and a minimum upload speed of 3 Mbit/s.
2. After download, the Mobile Games can be used in a limited manner offline, i.e. without an internet connection. To use all features of the Mobile Games, a permanent internet connection is required during game use.
3. Information about the procedure, functions and features, as well as a description or instructions for the Mobile Games offered, is provided by Calumma in the app stores (Apple App Store, Google Play Store, Amazon App Store) to Users in the languages specified there.
4. Downloading, installing and using the Mobile Games from Calumma is free of charge. Within the Mobile Games, Users may voluntarily purchase virtual currencies (e.g. coins, gold coins, gold or points), virtual items (e.g. jewels, diamonds or tokens) and "virtual in-game items or services" (e.g. PowerUps, Boosts, or other game units) — (collectively hereinafter: "Virtual Goods") for a fee (see Section 5). In certain cases, Virtual Goods may also be obtained by Users through the consumption of opt-in advertising. In addition, Users may purchase a "Premium Experience" within the Mobile Games for a limited or unlimited period, which allows ad-free use of the game or leads to a reduction of advertising.
5. Information on tracking in connection with the use of the Mobile Games can be found in the Privacy Policy.
The use of Mobile Games from Calumma is only permitted from a minimum age of 14 years. Users under 18 years of age require the permission of their parents or legal guardians to use the Mobile Games from Calumma in accordance with these Terms of Use. Calumma is entitled to request appropriate proof of age, identity and parental permission from the User.
Calumma optionally provides the User with the ability to sign in within the Mobile Game via Facebook Connect or Google Sign-In with their Facebook or Google account, in order to synchronize game progress between different devices or to use the profile picture of the respective account. The data required for this is transferred from the User's Facebook or Google account.
1. Within the Mobile Games, Users may purchase Virtual Goods (Section 2.5) for a fee. The stated prices for Virtual Goods include the respective value added tax. The payment options for Virtual Goods depend on the respective app store from which the User purchases the Virtual Good. The purchase of Virtual Goods is only permitted from the app store from which the User downloaded the Mobile Game.
2. When purchasing Virtual Goods, the User acquires a limited personal and non-transferable right to use the purchased Virtual Good as a feature in the respective Mobile Game in which the User purchased the Virtual Good. The User does not acquire ownership of the Virtual Good. Virtual Goods cannot be transferred to another User or to another Mobile Game. The right of use ends with the consumption of the purchased good or with the termination of use of the Mobile Game.
3. An exchange of Virtual Goods after purchase is excluded. This does not affect the User's right of withdrawal (Section 5.4).
4. Information on the exercise of the right of withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Calumma Games GmbH, Friedrichstraße 79, 10117 Berlin, Email: contact@calumma.gg) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the model withdrawal form available at https://calumma.gg/en/withdrawal-form.html for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed of 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; in no case will you be charged any fees for this repayment.
Exclusion or premature expiry of the right of withdrawal
A right of withdrawal does not exist for digital content (e.g. Mobile Games) if we have begun the execution of the contract after you have expressly agreed that we begin execution of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that, by your agreement, you lose your right of withdrawal upon commencement of execution.
END OF WITHDRAWAL INSTRUCTIONS
1. In the course of using the Mobile Games, communicative exchange between Users may occur. This requires that the respective Users have access to the respective Mobile Game. The User undertakes to comply with applicable law and all rights of third parties. In particular, the User is prohibited from:
2. In the context of creating own content by the User, such as texts, images or data (hereinafter "user-generated content"), the User grants Calumma free of charge a non-exclusive, unlimited in time, geography and content, transferable and sub-licensable right to use user-generated content for the purposes of the functionalities provided in the Mobile Game, in particular to make user-generated content accessible to selected persons or the public — depending on the design of the Mobile Game and the User's inputs — and, where necessary, to store, reproduce and edit it.
3. Calumma assumes no liability for user-generated content that can be used within Calumma's services and expressly does not adopt it as its own. Calumma is not liable for the accuracy and completeness of user-generated content.
4. The User ensures that they are authorized to grant Calumma the above-mentioned rights (see Section 6.2) and that the user-generated content does not violate legal provisions or good morals (e.g. through its content, visual appearance or the purpose pursued).
5. In the event of a culpable violation of third-party rights attributable to the User, the User is liable to these third parties directly and immediately. In the event of justified claims by third parties against Calumma due to such a violation, the User is obligated to fully indemnify Calumma from liability, unless the User proves that they are not responsible for the breach of duty.
1. The User may only download and play the Mobile Games in accordance with these Terms of Use for personal use. The use of Mobile Games is only permitted on the devices intended by Calumma.
2. The User shall not modify the Mobile Games from Calumma or interfere with the game process. Attacks or manipulations of any kind on the software, backends or networks are prohibited. In particular, the User is prohibited from:
3. Any violation of Section 7.2 entitles Calumma to immediately block and terminate the User Agreement (Section 8) and may be pursued under civil and criminal law.
4. The User is obligated to provide all information or data requested by Calumma in connection with the provision of the Mobile Games completely and accurately and to keep them up to date.
In the event of a violation of these provisions by the User, Calumma may impose sanctions on the User. In selecting the sanctions to be imposed, Calumma will take into account the legitimate interests of the affected User and also consider whether only blameless misconduct is involved or whether the violation was committed culpably. Calumma may impose the following measures and sanctions depending on the severity of the User's misconduct:
1. Calumma grants Users a non-exclusive, non-transferable, non-sub-licensable, limited right of use to download the Mobile Games onto a designated device and play them in accordance with these Terms of Use.
2. The User is responsible for ensuring adequate internet connectivity. The User is also responsible for compliance with the system requirements necessary for the use of the Mobile Games, in particular for the operating system used.
3. Calumma strives for comprehensive availability of the Mobile Games offered. This is naturally limited to services over which Calumma has influence. Due to the nature of the internet, continuous availability cannot be guaranteed. Calumma may also temporarily suspend or restrict the availability and usability of the Mobile Game in whole or in part due to maintenance, repairs or capacity needs.
4. Calumma is entitled to automatically update the Mobile Game through updates to improve security, stability and compatibility. For this purpose, Calumma is entitled to access the downloaded and installed version of the Mobile Game on the device.
5. Calumma is not obligated to provide updates, upgrades or older versions for the Mobile Games or to otherwise adapt the Mobile Games to any changes in hardware and/or software. Calumma is also under no obligation to maintain the Mobile Games.
6. Insofar as Calumma provides free services, these may be discontinued at any time — after prior notice — or offered as paid services. The User shall have no rights arising from the discontinuation of the free services, in particular no claim for damages. Calumma will communicate these changes as early as reasonably possible.
7. Mobile Games and Virtual Goods made available for download to the User by Calumma after purchase must be downloaded by the User, who must also create a backup copy. The risk of loss after purchase and of loss of the Mobile Games and Virtual Goods, including losses due to computer or hard drive failure, is borne by the User.
8. Calumma expressly reserves the use of the Mobile Games for text and data mining within the meaning of § 44b UrhG.
1. In the event of a material or legal defect, the User has the statutory warranty rights against Calumma.
2. In the event of grossly negligent damage caused by a vicarious agent, and in the event of any slightly negligent damage, Calumma is only liable in the case of a breach of a contractual obligation the fulfilment of which characterizes the contract and on which the User may rely, and limited to the typical and foreseeable damage. This does not apply to damage to life, body or health, nor in cases of mandatory liability.
1. The User Agreement runs for an indefinite period.
2. Both parties are entitled to terminate the User Agreement at any time with a notice period of 14 days without giving reasons by email or letter. The User may terminate the User Agreement with immediate effect by deleting the Mobile Game from their device.
3. Both parties may terminate the User Agreement for good cause without notice. Good cause exists in particular in the event of a serious breach by the User of these Terms of Use. A serious breach exists in particular in the event of a violation by the User of Section 7.2 or Section 6.1.
4. After termination, Calumma is entitled to completely and irrevocably delete all of the User's data (such as score, level or game progress) relating to the Mobile Game.
Calumma reserves the right to change these Terms of Use at any time without giving reasons, unless this is unreasonable for the User. Calumma will notify the User of changes to the Terms of Use in good time. If the User does not object to the validity of the new Terms of Use within four weeks of the notification, the amended Terms of Use shall be deemed accepted by the User. Calumma will inform the User in the notification of their right to object and the significance of the objection period. In the event of the User's objection, Calumma is entitled to terminate (Section 11).
1. For complaints or inquiries, the User may contact Calumma Games GmbH, Friedrichstraße 79, 10117 Berlin, contact@calumma.gg.
2. Furthermore, an online dispute resolution (OS) platform established by the European Commission is available to Users at https://ec.europa.eu/consumers/odr.
3. Calumma is not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
1. The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
2. For the purpose of contract performance and the exercise of the rights arising from this declaration, Calumma may use third parties, in particular affiliated companies. Calumma is also entitled to transfer its rights and obligations under this contractual relationship in part or in full to a third party.
3. In case of doubt, only the German version of these Terms of Use shall be authoritative for their interpretation. The English version is merely a non-binding translation.
4. Should individual provisions of this contract be wholly or partially void or ineffective, this shall not affect the validity of the remaining provisions. In place of non-included or ineffective general terms and conditions, statutory law shall apply (§ 306 (2) BGB). In all other respects, the parties shall agree on an effective provision that comes as close as possible economically to the void or ineffective provision, unless supplementary construction of the contract takes precedence or is possible.