Terms of Service

Fein Games GmbH Terms of Service
As used in these Terms of Service (“Terms”), the words “Fein Games”, “we”, “us”, or “our” refer to Fein Games GmbH (registered at Lohmühlenstraße 65, 12435 Berlin, Germany).

We provide our users (“user”, “users”, “you”) with mobile gaming applications for mobile devices, referred to herein as our “Services”. Our Services are licensed and not sold. Please read these Terms carefully because they govern your access to and use of our Services, and are legally binding.

Use of our Services is also governed by our Privacy Policy.

Contract closure

1.1. By using our Services (i.e. by installing a Fein Games game or by clicking to agree to the Terms when this option is made available), the user accepts and agrees to be bound and abide by these Terms and our Privacy Policy (see point 1.2). If the user does not agree to these Terms or the Privacy Policy, the user must not access or use our Services.
1.2. Any individual over the age of 18 who has full legal capacity may become a user. Minors may only conclude a License Agreement with the consent of a parent or guardian.
1.3. By using our Services, a License Agreement is concluded for an indefinite period. The user may terminate the License Agreement by uninstalling the application.
1.4. The User has the right to withdraw from this contract at any time by uninstalling the Fein Games application. On termination of the Contract (and License Agreement), the user’s access to Fein Games’ Services is disabled. The user is not entitled to have deleted data restored, even on re-registering. The user is not entitled to any refund insofar as it has already made use of the Services (e.g. coins, virtual goods).

Content and Scope of License Agreement

2.1. Under the License Agreement, the user is authorised to put the Services provided to personal use for a limited period in accordance with the respective Terms. Fein Games is entitled at any time to alter the content or functions of these Services (e.g. updates, modifications or similar).
2.2. The user is not entitled to demand that Fein Games’ Services be provided or kept in a given condition. No warranty can be given that the software used by Fein Games is entirely devoid of errors. Therefore, downtimes may occur caused by technical problems beyond Fein Games’ control. Regular maintenance or maintenance to deal with unpredictable failures (e.g. attacks, viruses) may impair availability of the Services. Insofar as is possible, maintenance shall be carried out paying consideration to our users.
2.3. Various platforms and operating systems exist for mobile devices. A Fein Games’ game(s) can only ever be used on those platforms and devices and with those operating systems that are specified with the game(s).
2.4. Using a Fein Games game or its functions may depend on an online connection to the Internet with a given bandwidth or rate of data interchange; otherwise, use may be restricted, impaired or even impossible. Using a game on a mobile device drains the device’s resources and may result in impaired performance in other respects.
2.5. Fein Games games are available in certain languages or in certain localised versions and should be used only in these countries, regions or languages.
2.6. Fein Games games can be used after being installed on the mobile device. The user does not receive any separate instructions for the game, other than the information and help tools that are integrated in the game or are available online.
2.7. Fein Games releases regular updates for Fein Games games to ensure the security of the system, for the sake of stability and compatibility, or in order to further the game’s development. Fein Games is under no obligation to continue providing support for versions of a game that are not up-to-date. Updates carried out on the user’s mobile device are triggered by the user; in each case, the user should check whether the update has been released for the configuration it uses (platform, operating system, mobile device).
2.8. The user is prohibited from using a Fein Games game in any manner other than permitted under the Licence Agreement. In particular, unless authorised to do so, the user may not copy a Fein Games game, pass it on to third parties or otherwise grant access to it, nor may Fein Games games be sub-licensed, hired out, published, distributed, transferred, adapted, reverse engineered, decompiled, or re- or disassembled.
2.9. If Fein Games provides access to a game that is still under development (so-called “beta version”), use of the game may be restricted and there is the possibility of serious errors occurring. Using beta versions is done on the user’s own responsibility and may be discontinued or terminated by Fein Games at any time.
2.10. Fein Games may license to the user certain virtual money or virtual goods to be used within Fein Games’ Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the application. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time.
2.11. Any and all virtual goods are licensed to the user on limited, personal, non-transferable, non-sub licensable and revocable basis and limited only for non-commercial use.
2.12. Please note that any payment for licenses for virtual goods is always final and non-refundable. The user agrees that all sales of virtual money and virtual goods by Fein Games to the user are final and that Fein Games will not refund any transaction once it has been made. If the user lives in the European Union they have certain rights to withdraw from distance purchases; however, please note that when purchasing a licence to use virtual goods or virtual money from Fein Games, the performance of our Services begins promptly once the user’s purchase is complete and therefore the user’s right of withdrawal is lost at this point.
2.13. Fein Games may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Fein Games shall have no liability to the user or any third party in the event that Fein Games exercises any such rights.

Third-Party Terms and Costs Applicable

3.1. The Services may include links to third party services and/or the third party services may be made available to you via Fein Games’ Services. These services may include, but are not limited to social media connectivity (i.e. Facebook) and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
3.2. For Fein Games games, the user needs its own mobile device and Internet access. During a Fein Games game or an update, data is always interchanged via the Internet. Before installing or playing any games, the user needs to make sure they understand the costs related to mobile data, in particular if the user is staying in another country at the time.

Limitation of Liability

4.1. In no event shall Fein Games be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use our Services.

Final Provisions, Amendments, Governing Law

5.1. Fein Games is entitled at any time to amend or supplement these Terms and any related provisions (e.g.Fein Games’ Privacy Policy). Fein Games shall publish any amendments to these Terms on its website (www.fein.games) and may also use other means of notification (e.g. in-game, newsletter, pop-up). If the user makes use of Fein Games’ Services more than two weeks after any such publication or notification, then it shall be deemed to approve the amended terms; Fein Games shall draw attention to this consequential effect of continued usage. If it so wishes, the user may otherwise terminate the License Agreement (as explained in Item 1.4 above).
5.2. Legal relations between the contracting parties shall be governed by German law.