General Terms of Use
for the ShoulderByte Apps
These General Terms of Use apply to the use of the games and other apps (hereinafter collectively referred to as “ShoulderByte Apps”) offered currently or in the future by ShoulderByte GmbH (“ShoulderByte”).
The General Terms of Use for the ShoulderByte Apps can be viewed at any time within ShoulderByte Apps or on the ShoulderByte website at https://www.shoulderbyte.com/en/terms.
Table of contents:
1. Provider of the ShoulderByte Apps
2. Requirements for use
3. Conclusion of contract
4. Termination
5. Changes of the apps
6. Warranty
7. Liability
8. Final provisions
1. Provider of the ShoulderByte Apps
The provider of the ShoulderByte apps is ShoulderByte GmbH, Pestalozzistraße 25, 22305 Hamburg, Germany. Further information can be found in the legal notice.
2. Requirements for use
2.1 You may only install and use the ShoulderByte Apps if you accept these Terms of Use and are 18 years of age or older. Persons under the age of 18 require the prior consent of their legal guardian.
2.2 You may only use ShoulderByte Apps for personal and private purposes as intended.
3. Conclusion of contract
The contract for the use of ShoulderByte Apps is concluded by downloading a ShoulderByte App from the relevant App Store and installing it on your device. Details of the conclusion of the contract are set out in the terms and conditions of the App Store you are using.
4. Termination
4.1 You may terminate and stop using a ShoulderByte App at any time without notice by removing the particular App from your device.
4.2 ShoulderByte may only terminate the usage agreement by giving reasonable notice, unless the termination is for good cause.
5. Changes of the apps
5.1 ShoulderByte reserves the right to discontinue, amend or change the ShoulderByte Apps in whole or in part at any time, while reasonably safeguarding your interests.
5.2 ShoulderByte will inform you of such changes to the App in question in the product description of the App Store used, so that you can decide whether to install a new version of the App on your device. If you have set your smartphone to automatically install new versions of the installed apps, you must check if you agree to any changes in the product description when you receive a message about a pending update.
5.3 If you do not agree with the changes made to a ShoulderByte app, you may terminate the use of the app in question at any time by removing the app from your device.
6. Warranty
6.1 As ShoulderByte Apps are made available to you free of charge, ShoulderByte’s liability for material defects and legal defects is excluded in accordance with the statutory provisions, unless there is an intentional or grossly negligent breach of duty by ShoulderByte or fraudulent intent on the part of ShoulderByte.
6.2 In addition, warranty claims under section 6.1 shall only exist if you are using the current program version of the respective ShoulderByte App.
7. Liability
7.1 ShoulderByte is liable for intent and gross negligence. ShoulderByte shall only be liable for slight negligence in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as a user may regularly rely, as well as in the event of damage resulting from injury to life, body or health. ShoulderByte is thereby only liable for foreseeable damages that can typically be expected to occur.
7.2 You are responsible for regularly backing up the data stored on your device. In the event of data loss caused by ShoulderByte, ShoulderByte is therefore liable only up to the cost of duplicating the data from the backup copies that you make and for restoring the data that would have been lost even if the data had been properly backed up.
7.3 Liability under the Product Liability Act remains unaffected.
7.4 The above liability provisions shall also apply to the legal representatives or vicarious agents of ShoulderByte.
8. Final provisions
8.1 The contract language is German. German law shall apply to the exclusion of the UN Sales Convention. The German version of these General Terms of Use shall prevail. Other language versions are for information purposes only.
8.2 ShoulderByte is neither willing nor obliged to participate in dispute resolution proceedings with any consumer arbitration body. The European platform for online dispute resolution can be found here: http://ec.europa.eu/consumers/odr.
8.3 ShoulderByte reserves the right to change or update these Terms of Use at any time. You will be notified of any changes at least four weeks in advance by a message within ShoulderByte Apps. The changes shall take effect on the date specified and shall be deemed to have been agreed if you expressly agree to them or do not object to them by the end of the period for changes. This will be specifically pointed out in the notification. ShoulderByte may make the use of new versions of ShoulderByte Apps subject to the agreement of the new terms of use.
8.4 Should any provision of these General Terms of Use be or become invalid or unenforceable in whole or in part, or lose their legal validity or enforceability at a later date, the validity of the remaining provisions of these General Terms of Use shall not be affected thereby. The same shall apply if a loophole in these General Terms of Use should become apparent. In place of the invalid or unenforceable provision or to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes as close as possible to what the parties would have wanted according to the meaning and purpose of the agreement, had they considered the relevant aspect.