Terms and Conditions

(1) These General Terms and Conditions (hereinafter "T&Cs") govern the use of the online game "Kickerscup" (hereinafter "game" or "service"), which is operated by

Kickerscup
Jan Steiger
Ober-Ramstädter-Weg 52
64846 Groß-Zimmern
Deutschland
Email: info@kickerscup.de

(hereinafter "provider").

(2) These T&Cs govern the contractual relationship between the provider and the user (hereinafter "user" or "you") with regard to the use of the game.

(3) A consumer is any natural person who uses the game for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

(4) "Action$" (A$) is a virtual premium currency that can be acquired for a fee. "Taler" is an in-game currency that cannot be acquired with real money. Both are digital content without any real monetary value.

(5) Deviating, conflicting or supplementary terms of the user do not become part of the contract unless the provider expressly agrees to their validity in text form.

(1) Use of the game requires registration. By registering, the user submits an offer to conclude a usage contract. The contract is concluded upon confirmation of the registration by the provider.

(2) Registration requires a minimum age of 16 years. Minors may only register with the consent of their legal guardian. Minors may only acquire paid services with the consent of their legal guardian or within the scope of § 110 BGB (performance of the service with means placed at their free disposal).

(3) When registering, the user is obliged to provide truthful and complete information. Changes to the registration data must be communicated to the provider without delay.

(4) Each user may only create one user account. Passing on access data to third parties is not permitted.

(5) The user must keep their access data carefully confidential. The user is only responsible for use of the account by third parties if they culpably enabled the abusive use. If there are indications of misuse, the user shall inform the provider without delay.

(1) The provider makes a browser-based online football manager game available to the user. The game allows the user to manage a virtual football team, train players and compete against other users.

(2) The basic version of the game is free of charge. Paid additional services are marked separately and transparently.

(3) The game is in ongoing beta operation. The user is advised that functions, game balance and rules may be continuously adjusted. The user's statutory rights, in particular rights in respect of defects for paid services, remain unaffected by this.

(4) Changes to the game that go beyond what is necessary to establish and maintain conformity with the contract are made by the provider vis-à-vis users of paid services only in accordance with § 13 of these T&Cs and § 327r BGB.

(1) During the provision period, the provider provides the updates that are necessary to maintain the conformity with the contract of digital products provided for a fee, including security updates (§ 327f BGB).

(2) If the user fails to install an update that has been provided and about which they have been informed, the provider is not liable for defects that are solely due to the lack of installation.

(1) In addition to the free basic version, the provider offers paid services, in particular the one-time acquisition of the virtual premium currency "Action$" (A$). Action$ can be used within the game to unlock certain additional functions and virtual items or to top up the virtual game currency ("Taler"). No subscription or recurring payment is offered.

(2) The respective applicable prices are clearly displayed before the purchase is concluded. All prices are final prices including statutory value added tax. The tax actually incurred depends on the user's country and is shown during the ordering process.

(3) Action$, Taler and other virtual items and game states have no real monetary value, cannot be exchanged back into real money and cannot be transferred to third parties or paid out. They are provided as digital content exclusively for use within the game.

(4) Action$ can also be acquired without a purchase, for example as a prize in tournaments or as a reward. Purchased and earned Action$ are credited to the user account without delay. When Action$ are offset, earned Action$ are deemed to be used up first.

(5) The statutory button regulation applies to the order: immediately before placing the order, the user is informed about the essential characteristics, the total price and the immediate provision; the order is placed via a button labelled "zahlungspflichtig bestellen" (order with obligation to pay) or a correspondingly unambiguous wording (§ 312j Abs. 2 und 3 BGB).

(1) Paid orders are processed via our online reseller Paddle. Paddle.com is the Merchant of Record (seller) for all these orders and thus the user's contractual partner for the payment and purchase process. Paddle issues the invoice, handles all customer enquiries regarding payment and processes refunds. The provider of the payment service is:

Paddle.com Market Ltd
30 Old Bailey, London EC4M 7AU, Vereinigtes Königreich

(2) The provider makes the purchased digital content available in the user account after payment confirmation (crediting of the Action$, unlocking of functions). The provider is responsible for the technical provision in the account.

(3) By submitting the order in Paddle's payment window, the user makes a binding offer to purchase the selected service. The purchase contract is concluded upon confirmation of the payment by Paddle.

(4) If a paid service is not provided after successful payment, the user can contact the provider regarding the provision and Paddle regarding payment and refund. The provider supports the user in resolving the matter.

(5) The terms of use and payment terms of Paddle provided during the payment process apply in addition.

(6) Before concluding the purchase, the user confirms that they have taken note of these T&Cs including the provisions on the right of withdrawal (§ 7) and on refunds (§ 8).

(1) Consumers have a statutory right of withdrawal for paid orders. The addressee of the withdrawal is the Merchant of Record (Paddle); the provider also accepts withdrawals and forwards them without delay.

Withdrawal instructions

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 day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Kickerscup, Jan Steiger, Ober-Ramstädter-Weg 52, 64846 Groß-Zimmern, email: info@kickerscup.de) or Paddle.com Market Ltd of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the model withdrawal form printed at the end of these T&Cs for this purpose, but it is not mandatory.

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

Consequences of withdrawal
If you withdraw from this contract, all payments made in connection with the withdrawn order will be repaid to you without delay and at the latest within fourteen days from the day on which the notification of your withdrawal was received. For this repayment we 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.

Early expiry of the right of withdrawal

In the case of a contract for the supply of digital content not on a tangible medium (e.g. Action$), the right of withdrawal expires early if performance of the contract has begun after you

• expressly consented to performance of the contract beginning before the expiry of the withdrawal period, and
• confirmed your awareness that by giving this consent you lose your right of withdrawal when performance of the contract begins (§ 356 Abs. 5 BGB).

This consent and confirmation are obtained and documented during the ordering process. Since Action$ are provided and credited to the user account immediately after purchase, your right of withdrawal expires in this case when performance begins. Irrespective of this, the voluntary 14-day refund guarantee under § 8 (2) to (5) applies in any event.

(1) Refunds are processed via Paddle as Merchant of Record. You can direct refund enquiries to our buyer support (email: info@kickerscup.de, phone: +49 173 3952400) or directly to Paddle.

Voluntary 14-day refund guarantee

(2) Irrespective of whether the right of withdrawal under § 7 has expired early, the provider voluntarily grants a 14-day refund guarantee: within fourteen days of the date of the purchase confirmation the user may request a refund of their order without giving any reason, provided the Action$ purchased are still unused in the user account at that time.

(3) If part of the Action$ purchased has already been used within the game, the portion of the purchase price attributable to the remaining, unused Action$ is refunded. The refunded Action$ are deducted from the user account at the same time.

(4) An informal message stating the order or invoice number sent to the buyer support under paragraph (1), or directly to Paddle, is sufficient for the request. The reimbursement is made using the same means of payment used for the order.

(5) This guarantee is granted voluntarily and in addition; the user's statutory rights, in particular the right of withdrawal under § 7, are not restricted by it.

(6) The statutory rights in respect of defects for digital products (§§ 327d, 327i ff. BGB) remain unaffected. If a paid service is defective, the user can demand subsequent performance, a price reduction or termination in accordance with the statutory provisions.

(7) Action$, Taler or virtual items already used up or deployed within the game are excluded from a voluntary refund. Statutory claims remain unaffected.

(8) Insofar as the right of withdrawal under § 7 has effectively expired early, there is no statutory claim to a refund in this respect; the guarantee under paragraphs (2) to (5) and the statutory rights in respect of defects remain unaffected.

(1) The provider grants the user a simple, non-transferable, non-sublicensable right to use the game within the scope of these T&Cs.

(2) All rights to the game, including the software, graphics, texts, sounds and other content, remain with the provider or the respective rights holders.

(3) By using the game or acquiring virtual items, the user does not acquire ownership of the game content. Only a right of use is granted for the duration of the contractual relationship.

(4) If the user creates or uploads their own content (in particular team names, crests, kit designs, forum posts and images uploaded there, as well as messages), they grant the provider a simple right of use, unlimited in terms of territory and time, insofar as this is necessary for the operation, display, moderation and promotion of the game.

(5) The user warrants that they hold all necessary rights to this content, in particular to uploaded images, and do not infringe any rights of third parties (in particular trademark and copyright). They indemnify the provider against justified claims of third parties that are based on a culpable infringement of rights by the user.

(1) The user undertakes to use the game only within the scope of these T&Cs and the applicable laws.

(2) The user is in particular prohibited from:

• Using cheats, bots, hacks or other software that impairs the game experience of other users or gives the user an unfair advantage
• Exploiting program errors (bugs) for their own benefit
• Trading user accounts, virtual items or game currencies for real money outside the game
• Harassing, threatening or insulting other users
• Distributing unlawful, insulting, racist, pornographic or otherwise offensive content
• Using usernames or team names that violate applicable law or infringe the rights of third parties
• Operating multiple user accounts (multi-accounting)
• Manipulating game results through collusion with other users

(3) The legal consequences of violations are governed by § 12.

(1) The provider reserves the right to review user-generated content and, in the event of violations of these T&Cs or applicable law, to remove it, block it or restrict its visibility.

(2) Users can report presumably unlawful content via the reporting functions provided in the game or by email to info@kickerscup.de. The provider reviews incoming reports and takes the necessary measures.

(3) The affected user is informed of significant moderation decisions insofar as this is legally required and actually possible.

(1) In the event of violations of § 10, the provider takes proportionate measures. As a rule, a warning is issued first, unless a serious violation justifies immediate blocking or termination.

(2) Before permanent blocking or termination, the provider gives the user the opportunity to comment, insofar as this is not dispensable for overriding reasons (e.g. acute danger to other users).

(3) In the case of a permanent blocking or extraordinary termination for which the user is responsible due to a serious violation, there is no claim to a refund of payments already made. In the event of other termination, unused Action$ acquired for a fee are refunded in accordance with § 18 (4); earned Action$ (e.g. from tournaments or rewards) are excluded from a refund.

(4) The right to extraordinary termination for good cause remains unaffected on both sides (§ 314 BGB).

(1) The provider may change these T&Cs with effect for the future if this is necessary for a valid reason (e.g. a change in the legal situation, supreme court case law, a change in the range of services) and the user is not unreasonably disadvantaged as a result.

(2) The provider notifies changes at least six weeks before they take effect in text form (e.g. by email or by a notice at the next login). In the case of changes to essential contractual components, the provider obtains the active consent of the user. If the user objects or refuses consent, either party may terminate the contract as of the effective date of the change; paid, unused services are refunded on a pro rata basis. Consent by silence applies only to non-essential changes and only if the user was specifically informed of this consequence and their right to object in the notification.

(3) Changes to the paid digital product that go beyond maintaining conformity with the contract are made by the provider only for a valid reason. If such a change impairs access to or usability of the product more than only insignificantly, the provider informs the user in good time and grants the user a right of termination in accordance with § 327r BGB; the user incurs no costs as a result.

(1) The provider endeavours to achieve the highest possible availability of the game, but does not owe uninterrupted availability for free services.

(2) For paid services, the provider ensures provision in conformity with the contract; the statutory rights in respect of defects remain unaffected.

(3) The provider is entitled to temporarily restrict the game if this is necessary for technical reasons (e.g. maintenance work, updates). Planned maintenance work is announced in advance where possible. The provider is not liable for outages due to force majeure or circumstances beyond the provider's control.

(1) The provider is liable without limitation for intent and gross negligence as well as for damage resulting from injury to life, body or health.

(2) In the case of simple negligence, the provider is only liable for the breach of an essential contractual obligation (cardinal obligation). In this case, liability is limited to the foreseeable damage typical of the contract.

(3) Otherwise, the provider's liability is excluded. Liability under the Product Liability Act and from an expressly assumed guarantee remains unaffected.

(4) For the loss of data, the provider is liable within the scope of paragraphs 1 and 2 only for the effort that would have been necessary for restoration in the case of proper and regular data backup by the user. This limitation does not apply insofar as the data backup is the sole responsibility of the provider.

(5) The above limitations of liability also apply in favour of the provider's vicarious agents.

(1) Tournaments and competitions in the game are skill-based. Their outcome depends on management decisions and the course of play.

(2) No monetary stake is charged for participation. Any winnings consist exclusively of virtual, non-payable game content. There is no gambling within the meaning of § 3 of the German Interstate Treaty on Gambling (Glücksspielstaatsvertrag).

(1) The provider processes the user's personal data in accordance with the applicable data protection provisions, in particular the GDPR.

(2) Details of the data processing can be found in the privacy policy.

(1) The usage contract is concluded for an indefinite period.

(2) The user can terminate the contract at any time without giving reasons by deleting their user account or by sending a termination to the provider.

(3) The provider can terminate the free usage contract with a notice period of two weeks to the end of the month. The right to extraordinary termination for good cause remains unaffected.

(4) Upon termination of the contract, the user account is deleted; the user loses access to all game content and virtual items. If the contract ends without any fault for which the user is responsible (e.g. through ordinary termination by the provider), any Action$ balance not yet used up and acquired for a fee is refunded or compensated on a pro rata basis. Earned Action$ are excluded from this.

(1) The provider is entitled to discontinue operation of the game. In this case, the user is informed at least three months before the discontinuation.

(2) Upon discontinuation of game operation, all usage contracts end automatically. Any Action$ balance not yet used up and acquired for a fee is refunded or compensated on a pro rata basis; the statutory rights for paid digital products remain unaffected. Earned Action$ are excluded from a refund.

The provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board (§ 36 VSBG).

(1) The law of the Federal Republic of Deutschland applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer with their habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected (Art. 6 Abs. 2 Rom-I-VO).

(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship is der Sitz des Anbieters.

(3) Should individual provisions of these T&Cs be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of invalid or unenforceable provisions.

(4) The contract language is German.

(If you want to withdraw from the contract, please complete this form and send it back.)

To Kickerscup, Jan Steiger, Ober-Ramstädter-Weg 52, 64846 Groß-Zimmern, email: info@kickerscup.de (and/or Paddle.com Market Ltd):

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service / the supply of the following digital content (*)

• 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.