Terms of Service
Starberry Games GmbH last update on: 15 May 2024
As used in these Terms of Service (“Terms”), the words “Starberry Games”, “we”, “us”, or “our” refer to Starberry Games GmbH (registered at Boxhagener Strasse 18, 10245 Berlin, Germany). We provide our users (“user”, “users”, “you”, “your”) with mobile gaming applications for mobile devices (referred to herein as the “Games”), customer support and other related services. Games and the other services collectively referred to herein as our “Services”. Our Services and its contents are licensed and not sold. These Terms create a legally binding agreement regarding your use of our Services, so please read them carefully. Your use of the Services is conditioned on you accepting these Terms. Please note that you need to approve these Terms although the Services would be installed through a third party (Apple, Google etc.).
Use of our Services is also governed by our Privacy Policy which describes how we process your personal and other user related data.
You agree and understand that our Services are constantly evolving. We may amend or update our Services at our discretion. We may also make changes to the Services which require you to accept and/or install updates or other amendments to keep using the Services. We reserve the right to stop offering the Services in whole or in part. In such an event, your right to use the Services, or that particular part of Services will be terminated automatically. Please note also that in such an event, we are not required to provide refunds or other compensation unless prohibited by applicable law.
Contractual Partner, Payment processing
1.1. The purchase of a Game or an Virtual Item (as specified below) is made via the Google or Apple App Store and are subject to those platforms' payment terms and conditions. Starberry Games is not responsible for the (payment) transactions between a user and the respective App Store. Claims for a refund of the purchase price or warranty should therefore be addressed to the respective App Store provider.
1.2. The Starberry Games Services may include links to third party services and/or the third party services may be made available to you via Starberry 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. Starberry Games is not a party to these contractual relationships with third parties and is not liable thereunder.
Contract closure
2.1. When the User starts the game for the first time, a window appears in which the link to these Terms of Service is displayed. By clicking the "OK" button, the user accepts and agrees to be bound and abide by these Terms of Service. If the user does not agree to these Terms or the Privacy Policy, the user must not access or use our Services.
2.2. Any individual who has full legal capacity may become a user. Minors may only conclude the Agreement with the consent of a parent or guardian.
2.3. The User has the right to withdraw from this contract at any time by uninstalling the Starberry Games application. On termination of the Contract, the user’s access to Starberry 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 Terms of Service
3.1. For the purchase or download of the app, the terms and conditions of the respective app store (Google or Apple) apply. In addition to the terms and conditions of the app store, the following provisions shall also apply to the use of our Services.
3.2. Subject to the user’s compliance with these Terms of Service, Starberry Games grants the user a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for the user’s personal and non-commercial use. Starberry Games its licensors and other third parties, as applicable, reserve all copyright, exploitation rights and other intellectual property rights in and to Starberry Games and the Services (including text, presentations, designs, graphics, layouts, images, tools, audio and video content, trademarks, trade secrets, trade names, patents) and the selection and arrangement of such content and all other information relating to Starberry Games (collectively referred to as the “Content”). The Content may not be duplicated, reproduced, copied, distributed, transferred, published, hired-out, licensed, granted, reworked, modified, converted, adapted, reverse engineered, decompiled, or re- or disassembled or otherwise used without the prior consent of Starberry Games or the applicable rights holder, as applicable, or as otherwise permitted by applicable law. You may use the Content solely in the intended context of the use of the Service.
3.3. Starberry Games Services are available in certain languages or in certain localised versions and should be used only in these countries, regions or languages.
3.4. Within the scope of the granting of rights defined above, the user is authorised to put the Services provided to personal use for a limited period in accordance with the respective Terms. Starberry Games is entitled at any time to alter the content or functions of these Services (e.g. updates, modifications or similar).
3.5. Starberry Games releases regular updates for the Games and any other Services to ensure the security of the system, for the sake of stability and compatibility, or in order to further the Game’s development. Starberry Games is under no obligation to continue providing support for older 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).
3.6. Games may include an integrated text-based chat feature available to users who are members of in-game clubs. Each club has to be set up by a player (club president) and can host up to 20 members, allowing them to communicate using their in-game avatars without disclosing real names. Users may join or leave a club at any time. Minors may only use the chat functionality with the consent of a parent or guardian, aligning with our commitment to safe online interactions. Users have to comply with the code of conduct (5.1) while using the chat feature. Users cannot edit or delete messages once posted. All members of a particular club have the ability to report inappropriate messages to Starberry Games administrators, who then have the authority to delete such messages. Additionally, the club president along with Starberry administrators, has the right to remove members from a club.
3.7. If Starberry Games provides access to Services that are still under development (so-called “beta version”), use of the Services (i.e. a 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 Starberry Games at any time.
Requirements for the use of the Services
4.1. Various platforms and operating systems exist for mobile devices. A Game can only ever be used on those platforms and devices and with those operating systems that are specified with the respective Game.
4.2. For Games and other Services, the user needs its own (mobile) device and Internet access. During a Game and other Services or an update, data is always interchanged via the Internet. Before installing or playing any Games or using other Services, the user needs to make sure they understand the costs related to the Internet connection and mobile data, in particular if the user is staying in another country at the time.
4.3. The quality of using the Services (i.e. a Game) 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.
4.4. Starberry Games Services can be used after being installed on the mobile device. For a Game to function properly, it may be necessary to update the Game to the latest version. 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.
General obligations of the user; Blocking of the Service
5.1. Regarding the use of the Services, the user is subject to the following obligations:
a) Within the scope of the service, you may only use, duplicate, distribute or make publicly available information and content that does not violate the rights of third parties;
b) you have to make sure that you are authorised for all personal data, documents and contents which you use within the Services and in particular that you have the necessary rights of use, licenses or consents.
c) when using the Service, you have to comply with the applicable laws and the restrictions of third party rights;
d) you may not publish or upload any information within the scope of the Service that is hateful, racist, pornographic, contemptuous of humanity, glorifies or trivialises violence or is immoral;
e) you may not upload, make publicly available, offer or distribute or advertise content or products of a pornographic nature or which may impair or endanger the development or education of children or young people;
f) you may not disproportionately harass other users (especially with spam);
g) you may not upload, make publicly accessible, offer or distribute or advertise legally protected content (for example, under copyright, trademark law, patent or utility model law or design or design patent law) without being entitled to do so;
h) you may not engage in or promote advertising to users, including progressive customer advertising (such as chains, snowball or pyramid schemes), which is anti-competitive or violates applicable advertising law;
i) you may not block, overwrite, modify or copy the Service, neither in whole nor in part, unless this is necessary in the context of the proper use of the service;
j) you may not distribute or publish contents generated by other users in the Service outside of this Service or make them publicly accessible, as far as this is not provided for by the proper functionalities in the Service; own user-generated contents of the user within the scope of the Service may only be reproduced in the mentioned way, as far as they do not violate the rights of third parties and as far as they do not contain parts of the Service;
k) you are not allowed to carry out any actions of any kind, which impair the functioning of the infrastructure of the Service, especially not to cause an overload;
l) you may not spread or otherwise distribute viruses, trojans or other malware or enable others to do so.
5.2. Notwithstanding further legal or contractual rights, which remain unaffected, Starberry Games is entitled to temporarily or also permanently block access to the Service in whole or in part to a user who more than insignificantly violates the applicable laws, rights of third parties or the contractual provisions (in particular, the obligations set out in section 5.1.), as far as this is necessary and reasonable to eliminate the violation or to prevent further such or similar violations including suspension of chat privileges or removal from clubs or being blocked entirely. Blocked users are not allowed to re-register or to continue using the Service without the explicit consent of Starberry Games. As far as in such a case a right of termination for cause exists, this remains unaffected
Virtual Items
6.1. Starberry Games may license to the user certain virtual money or virtual goods (“Virtual Items”) to be used within Starberry Games Services. Unless otherwise specified, these Virtual Items shall be deemed an integral part of the Services. These Virtual Items may be purchased or earned and redeemed via gameplay, as applicable from time to time. The Virtual Items are connected to your user account. If you delete your user account your Virtual Items will lapse without replacement.
6.2. Any and all Virtual Items are licensed to the user on the terms of Clause 3.2 of this Terms of Service and are limited only for non-commercial use.
6.3. Virtual Items do not have an equivalent value in “real world money”. The Virtual Items are for in-game purposes only and do not represent an opportunity for the user to make a commercial profit. Trading virtual items outside of a game is prohibited. It is not possible to exchange the Virtual Item for real money.
6.4. Please note that any payment for licenses for Virtual Items is always final and non-refundable. The user agrees that all sales of Virtual Items by Starberry Games to the user are final and that Starberry Games will not refund any transaction once it has been made. Statutory mandatory rights of withdrawal or cancellation remain unaffected.
6.5. Starberry Games may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. This applies also to the pricing and availability of the Virtual Items. Starberry Games shall have no liability to the user or any third party in the event that Starberry Games exercises any such rights. Starberry Games is not required to provide the user with a refund for any Virtual Items.
Limitation of Liability and Warranty
7.1. The user is not entitled to demand that Starberry Games’ Services be provided or kept in a given condition. No warranty can be given that the software used by Starberry Games is entirely devoid of errors. Therefore, downtimes may occur caused by technical problems beyond Starberry 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.
7.2. Starberry Games is liable according to the legal regulations for damages of the contracting party caused by intentional or grossly negligent behaviour of Starberry Games or its agents. The same applies to personal injury (life, body, health) and damages under the Product Liability Act. In all other respects, Starberry Games's liability for claims for damages - for whatever legal reason - is limited in accordance with the following provisions, unless otherwise stipulated in a guarantee given by Starberry Games.
7.3. Starberry Games is liable for damages caused by slight negligence only insofar as they are based on the violation of essential contractual obligations (cardinal obligations). Cardinal obligations are such contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner could rely. To the extent that Starberry Games is liable hereunder for ordinary negligence, Starberry Games's liability shall be limited to the typically foreseeable damage.
7.4. Starberry Games's liability for the loss of data and/or programs caused by slight negligence is limited to the typical recovery effort that would have been incurred if Starberry Games had backed up the data regularly and appropriately under the circumstances.
7.5. The above limitations of liability shall also apply mutatis mutandis to a limitation of the obligation to compensate for futile expenses. The foregoing limitations of liability shall also apply in favour of Starberry Games's vicarious agents. Regarding warranty, the statutory provisions apply.
7.6. Insofar as the Starberry Games Service is to be classified as a rental agreement within the meaning of the German Civil Code (Bürgerliches Gesetzbuch), the following shall apply: Liability for initial defects pursuant to Section 536a (1) of the German Civil Code (Bürgerliches Gesetzbuch) is excluded.
Release from Liability by the User
8.1. The user agrees to indemnify, defend and hold Starberry Games (and our officers, directors employees, agents and group companies) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of the user’s use of the Services, or any breach by the user of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to user’s intentional or negligent behaviour.
Display and Amendments of Terms of Service
9.1. The text of these Terms of Service is logged and stored by Starberry Games. The user may save and retrieve the details and text of these Terms of Service at any time by accessing them on the Website of Starberry Games at www.starberry.games. Older versions will not be kept available on the website. The user may download and print this document using the appropriate functions of his/her browser (typically "Print Document", "Save As" or similar).
9.2. Starberry Games is entitled, in its discretion, at any time to amend, modify, add or remove parts of these Terms and any related provisions. Starberry Games shall publish any amendments to these Terms on its website (www.starberry.games) and may also use other means of notification (e.g. in-game, newsletter, pop-up).
Final Provisions, Governing Law, Consumer Dispute Resolution
10.1. All disputes arising out of or in connection with these Terms of Service shall be governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions limiting the choice of law provisions and in particular the applicability of the statutory provisions of the country in which the user as a consumer has his habitual residence shall remain unaffected.
10.2. The exclusive place of jurisdiction for all disputes arising from these Terms of Service is the registered office of Starberry Games in Berlin. As a consumer, you are also entitled to sue Starberry Games at any legal place of jurisdiction applicable to the company.
10.3. If any provision of these Terms of Service become invalid, unenforceable, or if there is a gap in these Terms of Service, this will not affect the validity and enforceability of the remaining provisions of these terms. The contract shall remain valid and effective except for the void, invalid or legally ineffective provisions. In such a case, the parties undertake to agree, instead of the void, invalid or legally ineffective provision, such a provision that comes as close as possible to its meaning and ensures a corresponding economic success.
10.4. As an online company, we are obliged to refer you as a consumer to the European Commission's online dispute resolution platform (OS platform). This OS platform can be accessed via the following link: https://webgate.ec.europa.eu/odr. However, Starberry Games does not participate in dispute resolution proceedings before a consumer arbitration board.