The following Terms and Conditions of Use apply for anybody who uses (hereinafter referred to as the “User”) the Playtime Service (hereinafter referred to as the “Service”). The Service is offered and operated by adjoe GmbH (hereinafter referred to as the “Provider”). Detailed contact information about the Provider can be found at Imprint). The Service is provided by means of a partnership with a mobile app (hereinafter referred to as “Playtime Partner App”). The Playtime Partner App is a distribution mechanism of the Service.The Provider is not the contractual partner of the user with regards to his usage of Preset Apps.
The use of the Service is possible without special costs after registration. Anybody may register if they are over 16 years of age, and currently have no user account for the Service. There must not be more than one user account per user. Leaving or selling the user account to a third party is prohibited.
By completing and submitting the registration form, the User requests that a user account be set up for the Service. There must not be more than one user account per user. Leaving or selling the user account to a third party is prohibited.
Registration in the Service and the associated opportunity to use the Service to its full extent apply until cancellation, which can be declared by the User or the Provider at any time.
The right of the contracting parties to extraordinary termination for cause remains unaffected. For the Provider, cause is, in particular, if (i) the User uses the Service in breach of the contract, in particular for commercial purposes or misuse, or in breach of the conduct obligations in Fig. 11 of these Terms and Conditions of Use, or (ii) the application for registration was improper or misused.
Any cancellation must be in text form. The User can send a cancellation notice to the address of the Provider named in the legal notice. The Provider can send a cancellation notice to the User in the Playtime Partner App. The contractual relationship between User and Provider and thereby also the user’s opportunity to use the service is terminated upon effect of the cancellation.
After the expiry of the cancellation notice period, or upon another termination of the user relationship between the User and the Provider, the right of the User to further use of the services and functions of the Service will cease to apply. Access to data and content that were associated with the User account is generally no longer possible for the User after cancellation.
After a cancellation or withdrawal, the User is free to continue to use the Preset Apps he has acquired from the partner companies of the Provider.
The Service is an offer to present apps from all categories. It also enables the participation in a bonus or award programme for the active use of gaming apps and other apps. Participation in the Service is solely for entertainment purposes. The objective of the Service is to present to the User apps and games, for the use of which the User can receive coins, cash or other reward items via the Service, possibly on the basis of its previous app preferences as well as its use and purchase behaviour regarding such apps. The User generates coins, cash or other reward items by actively using the apps of the partner companies of the Provider preset in the Service (hereinafter referred to as “Preset Apps”) and purchasing services and virtual items in the Preset Apps (in-app purchases). Coins, cash or other reward items can be used and exchanged for certain rewards in the Playtime Partner App through which the User activates the Service.
The Service provides users with the opportunity to collect coins, cash or other reward items for the use of the Preset Apps. The
are set by the Provider alone and can be changed by the Provider at any time without stating reasons. The User has no legal entitlement in this regard.
Coins, cash or other reward items will automatically cease to be valid one year after they are credited to the Service account of the User if they have not been transferred to the Playtime Partner App beforehand.
Users can redeem their coins, cash or other reward items in the Playtime Partner App, in accordance with an exchange rate set by the Provider per reward. The coin, cash or other reward item's value is subject to the terms of the Playtime Partner App and outside the authority of the Provider.
For the redemption of rewards, the exchange rate at the time of redemption always applies. The Provider reserves the right to continuously change and adjust the exchange rate. The User has no entitlement to the maintenance or granting of a certain exchange rate.
The Provider continuously further develops the Service. The User has no entitlement to the preservation of the Service or Preset Apps in the version existing upon the conclusion of the contract. The Provider therefore reserves the right to offer new features and functions, mainly but not exclusively for the redemption of coins, cash or other reward items, at any time. In the course of the adjustment and further development of the Service, the Provider also reserves the right to link additional features to certain conditions (e.g. reaching a certain coin, cash or other reward item's account balance or carrying out certain actions such as other app installations) or to no longer offer them at all.
The User shall not be entitled to the payment or redemption of the reward if he/she violates the apps and games rules or rules of conduct set out in section 11, particularly if he/she has technically manipulated the outcome of a game and app or the Service itself.
The use and registration in the Service takes place without the collection of fees or costs.
The content provided in the Service by the Provider is copyright and ancillary copyright protected. The duplication, public reproduction or other use, or exploitation of such protected content is not permitted without the permission of the respective right holder. The users may use, access, store and print the content only for the purposes of the contractual use of the Service and for private use, and provided that this is neither directly nor indirectly for the purposes of acquisition.
The Provider does not guarantee that the Service, and services and functions subject to registration, will always work and always be available uninterruptedly and error-free. The User must ensure a sufficient internet connection itself. The User is aware that the apps and games, and services, as with any software, can never be completely free from error. The User itself is responsible for adhering to the system requirements necessary for the use of the Service, in particular regarding the operating system it uses. However, the Provider will endeavour, to the best of its abilities and to the most economically reasonable extent, to enable the uninterrupted and error-free operation of the Service at all times.
The Provider may restrict access to and availability of the Service, and services and functions that are subject to registration, if the security of the network operations, the preservation of the network integrity, and in particular the prevention of severe disruptions to the network, software or stored data require.
The Provider is not obliged to provide updates or upgrades for the Service or adjust the Service in any other way to any changes of hardware and/or software (particularly operating systems).
If the Provider is made aware that the Service displays errors that significantly impair its suitability for the contractual use, it will endeavour to rectify the errors as soon as possible, for example by providing an update. This excludes errors that are not within the area of responsibility of the Provider, e.g. errors that occur via updates to the Android or Apple operating system.
The Provider will not become a contractual partner of the User with regards to the use of the Preset Apps. The Provider assumes no responsibility in this regard for material defects or defective title. In addition, the Provider is not responsible for the correctness, completeness and/or topicality of the content of the Preset Apps. The Provider does not appropriate the content of these apps and is not liable for damage caused by or due to the use of these apps. In addition, the Provider does not accept responsibility for the services of the partner companies being provided properly.
9.3
The use of the Preset Apps is regulated exclusively by the User contract existing between the User and the partner company of the Provider, and any terms and conditions of use set by the partner company. It is the sole responsibility of the User to inform itself about the essential matters as necessary for the decision on concluding a contract or agreeing to the terms and conditions of use of the partner company.
The Provider is otherwise liable to an unlimited extent for intent and gross negligence. The Provider is only liable for simple negligence in cases where lives, bodies or the health of persons are harmed.
In all other respects, limited liability applies only to the Provider if the Provider’s vicarious agents or legal representatives breach a duty that is of significant importance to the achievement of the contractual purpose (so-called cardinal obligation). In this case, the liability is limited to foreseeable damage; this will be a maximum of the amount of the fee paid by the User for the use of the Service or services and functions that are subject to registration. The above-mentioned limitation of liability does not apply for claims that result from product liability law, or for personal injury. However, if the liability of the Provider is excluded or limited, this also applies for the personal liability of its legal representatives and vicarious agents.
The User may not load, store, distribute, present, make public, publish, refer to or link, with the aid of the Service, any content that could violate or impair the personality rights and/or property rights of third parties, and/or
The User will relieve the Provider and his employees as well as his representatives of all resulting claims of third parties if (third-party) rights are supposedly or actually infringed in the context of using the Service. Moreover, the User commits himself to compensate all costs caused by the claims of third parties. Thus refundable costs also include expenses for an appropriate legal defense.
The User may only set up one account in the Service (“prohibition of multiple accounts”). In particular, an account may not be used to provide benefits to another account of the same user, for example by transferring items or credits in the app and game currency within a app and game from one account to another account of the same user (“pushing prohibition”).
The use of the Service is only permitted by means of tools provided by the Provider or otherwise permitted (“prohibition of the use of unauthorised scripts”). This means the following in particular: The use of programmes that cause a disproportionate load on the server is not permitted. The use of software for the systematic or automatic control of the Service or individual app and game functions (bots or macros) for the reproduction or analysis of apps and games, app and game elements or the content set in the app is not permitted.
The Provider reserves the right to exclude the User and its end devices from the services, in the event of impermissible use behaviour, without stating the specific reason (impermissible behaviour includes, for example, the use of multiple end devices from one IP address (if this is not customary at the respective location or in the respective country), multiple use of user accounts that are linked to payment service providers, and certain changes to the mobile operating systems, such as the granting of unrestricted admin access, installation of malware or a specific modification of the operating system etc.);
The Provider reserves the right to change these Terms and Conditions of Use at any time and add new or additional terms or conditions for your use of the services. The User will be informed about these changes and additional terms and conditions, and if they are accepted by the User they will become effective immediately and will be included in this agreement. If the User rejects such changes, the Provider has the right to terminate the agreement.
The use of the Service is subject to the Data Privacy Statement in its current version, available under the Data Privacy heading within the Service or at Privacy.
Unless the User has explicitly consented to further processing and use, the Provider will only use the personal data given during the registration thereafter, provided that and as long as this is legally permitted, to provide the services and functions subject to registration in particular. Further information about what happens to the personal data of the User can be found in the Data Privacy Statement and its corresponding declaration of consent, which must be confirmed before the active use of the Service.
13. Dispute Resolution
We are obliged to inform you that the EU Commission has implemented an online platform for alternative dispute resolution of consumer disputes, the “ODR Platform” (Online Dispute Resolution Platform): https://ec.europa.eu/consumers/odr/. We are not obliged and generally unwilling to participate in a dispute resolution procedure before a consumer arbitration board.
If a date and/or time is decisive for declarations and legal transactions, the displayed server date and the displayed server time of the Service is decisive.
German material law applies, with the exclusion of the reference rules. This also applies if the User accesses the Service from outside of Germany.
The place of jurisdiction for all claims in connection with an order is Hamburg, provided that either the User does not have its place of residence or habitual place of residence in Germany or another EU country. The Provider is entitled to also file suits at the general place of jurisdiction of the User. The mandatory regulations of the Brussels I Regulation take precedence.
The Provider is entitled to entrust third parties, in whole or in part, with the provision of the agreed services at any time. Moreover, the Provider can assign its rights and duties from this contract to one or more third parties (contract takeover). In the case of a complete contract takeover, the User has the right to cancel the contract without notice.
Agreements deviating from these Terms and Conditions of Use must be in text form in order to be effective. This also applies for a cancellation of the written form requirement.
Should a provision of these Terms and Conditions of Use be or become invalid, the validity of the remaining clauses will be unaffected. The invalid or unenforceable provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies in the case of a loophole.
Version: 20.12.2023