General terms and conditions
General terms and conditions
The portal www.couchgames.wtf and all apps named Couchgames.wtf are offered by Couchgames.wtf GmbH, Yvonne-Georgi-Weg 5, 30855 Langenhagen, hereinafter referred to as “operator”. The services provided are exclusively provided based on these terms and conditions.
These terms and conditions apply to all versions of the website couchgames.wtf, regardless of which end device is used to access it and all couchgames.wtf named apps in which reference is made to these terms and conditions, without the purchase of premium options and with the purchase of premium options. Premium options are for example, but not exclusively InApp purchases, A premium version is any kind of service and virtual object, which the operator offers within the scope of the respective relevant apps for a fee.
These terms and conditions can always be viewed, are stored by the operator and can be printed, if technically possible. In case of contradictions between these terms and conditions and any other rules of conduct, these terms and conditions take precedence.
Couchgames.wtf games are games designed to be played together with other people either locally or remotely. The couchgames.wtf platform is a platform that allows to play hypercasual games, other family-friendly games, as well as digitalized social games with other people. To be able to use with one account, one credit and unified. The operator reserves the right to extend the scope of services at any time, in particular to make additions that serve to secure the functionality or further development of the services. A reduction of services, if for this service was chargeable, is only possible within the limits of reasonableness in a continuing obligation. Free additional services and offers can be changed by the operator at any time in the manner and scope.
1. The validity of any terms and conditions of the user is expressly rejected.
3. The terms and conditions apply to all users of the app and the portal. By concluding the license agreement by registering in the app or on the portal, the user accepts them as binding. This applies regardless of any agreement to the terms and conditions, as long as these terms and conditions were reasonably perceptible to the user. They apply to any use of the app and the portal and all types of contractual relationships with the operator.
4. The operator offers the app and the portal exclusively to consumers within the meaning of § 13 BGB. The use of the app for commercial purposes or other commercial purposes is excluded. All persons who are authorized to use the respective relevant apps under a contract with the respective relevant app providers are authorized to use the app. For the purchase of premium options, the provider can make other age requirements and make these a condition for the purchase if it separately refers to this circumstance or if the app store provider sets local conditions for this.
5. If you do not accept these terms and conditions in part or in whole, the operator is not willing to enter into a license agreement with you and therefore you are not entitled to use or use the relevant apps, the portal www.couchgames.wtf or any other service of the operator.
2. Conclusion of contract
1. The games offered by the operator can also be used without registration only by downloading them from the respective app store. In this case, the user concludes a simple right of use for the respective downloaded app with the operator under the conditions of these terms and conditions. If the user registers for a new couchgames.wtf account within an app, further conditions of these Gterms and conditions may become relevant. The corresponding license and usage agreement based on these terms and conditions can be terminated by the operator or by the user at any time without giving reasons. After a corresponding termination, the services based on the games or the portal could be discontinued at any time without giving reasons.
2. In the event that a user is directed to a game of the operator by an invitation of another user and uses this game without registration, a simple right of use of relevant protected legal rights made available on the site www.couchgames.wtf is also established.
3. Within each app, the operator offers the possibility of registering for a couchgames.wtf account, which offers further advantages, about which the operator informs separately when registering for the account.
4. The operator reserves the right to refuse the registration of users for factually comprehensible and justified circumstances. These reasons include, but are not limited to, doubts about the identity or age of the user.
5. The identity of the user is carried out with the help of the cell phone number and/or the e-mail address before the user can use the advanced features of each app or the portal www.couchgames.wtf.
6. Each natural person and thus user may register only one account.
8. A couchgames.wtf account can be used in all games offered by the operator.
9. Convicted sex offenders are prohibited from accessing the app. The operator does not wish to contract with persons who have been convicted of sexual offenses within the meaning of the Criminal Code.
10. With the exception of obligations under antitrust law, there is no claim against the operator to conclude a license agreement and use a specific game.
11. As a contractual partner of the operator, you confirm to be legally competent in the sense of the laws of the Federal Republic of Germany and, in case of being a minor, to have received the consent of the legal guardians.
12. Beyond the possibility of free use, the operator may offer additional services for a fee. The use of these additional options is voluntary and the waiver does not restrict the other use of the games. The obligation to pay a fee will be pointed out separately in the respective game or game platform. In this case, separate terms and conditions of the app store providers or the platform providers may come into effect, which you must agree to separately if this has not already been the case.
13. All claims by you in relation to the paid Premium Services, in particular but not exclusively due to warranty of defects or other rights to disrupt performance, are not to be asserted against the App Store or platform providers, but against the operator. The same applies to copyright claims and claims for damages.
14. The full scope of services and correct functionality, including premium services, can only ever be guaranteed with the latest version of the game.
15. The operator is entitled to terminate contracts with you and delete the corresponding accounts and user data if they have not been used for more than 24 months.
16. The license and usage agreement and the premium agreements between you and the operator are concluded for an indefinite period of time. Deviating provisions may apply to the provision of individual Premium Services, provided that this circumstance is specifically pointed out at the time of purchase.
3. Amendment of the terms and conditions; transfer of rights and claims
1. The operator reserves the right to change or amend these terms and conditions with effect for the future at any time, if this appears necessary for valid reasons, legal framework conditions require this or extensions of the respective app, the portal www.couchgames.wtf or new functions of games or other services make this necessary. If the contractual balance between the parties is significantly disturbed by the change, the change shall cease with effect for the user.
2. Permissible changes to these terms and conditions must be accepted in each case when logging into the couchgames.wtf account within a relevant app again, if the operator prompts for this when restarting an app, in order to enable further use. For a purchase of premium products, the validity of the current version of the terms and conditions must always be accepted. For the purchase of premium options such as, InApp-Purchases, separate terms and conditions of third-party providers or the respective app stores may apply.
3. Amended terms and conditions shall also become effective vis-à-vis the User if the User uses the app, the portal or one of the connected games without having objected and if the Poperator has clearly pointed out the amendment to the terms and conditions. Upon an objection to the terms and conditions the operator is entitled to terminate the license agreement in due time in accordance with these terms and conditions and to delete any accesses and data of the User, if this is technically possible. A replacement for premium transactions before the period of termination is excluded in this case, unless the circumstances of the premium option or conditions of the respective App Store providers result in a different assessment.
4. In the notification of the changes, the Operator shall make special reference to the possibility of objection and termination, the deadline and the legal consequences, in particular with regard to a failure to object.
5. The operator is entitled to transfer all license and contract agreements and all agreements on premium options to another natural or legal person, unless compelling legal reasons prohibit this. This shall be done in compliance with the applicable data protection law. Likewise, the operator is entitled to change the ownership of the App, even to the extent of complete change of ownership. The operator will inform the user about such a process with a notice period of two months. The User retains the right to object to the transfer of contractual relationships. The User must send this objection to the operator in writing or in text form. Upon the User’s objection, the operator is entitled to terminate the contractual relationship with the User at the time of the relevant change and to completely delete the User’s data and other content, insofar as this is technically feasible and possible due to legal provisions or data protection regulations.
1. The basic use of the portal and all games offered by the operator is always free of charge.
2. The operator may offer additional services, about which the operator will inform transparently. The conclusion of the contract for premium services takes place, unless the operator informs about another circumstance, between the operator and the user under acceptance of the possible terms and conditions of the app store providers. Unless otherwise communicated by the operator, payment processing is usually handled by the provider of the respective app store.
3. It is the user’s responsibility to inquire about the exact content of the Premium Services prior to purchase. A refund after the purchase can only be made within the framework of statutory consumer rights or the statutory right of withdrawal, including the respective exclusions. The decisive factor in each case is the composition and costs of the Premium Services at the time of conclusion of the contract, as these are also communicated in the order confirmation.
4. Changed prices or compositions for premium services did not entitle to an adjustment of prices for the past.
5. The prices for premium services apply in each case, as they are displayed via the respective stores or the platform operators and are transmitted in the order confirmation for the respective order. These may vary depending on currency and country.
6. If currencies, e.g. premium points, are simulated in the games, these are premium services and not real money. A reconversion of the premium services into real money is only possible if the operation of the respective game as a whole is permanently discontinued. In this case, the fee paid by you will be refunded insofar as this has not yet been used to unlock premium services or items.
7. The operator is entitled to offer new premium services, items or currencies, to change existing ones or to discontinue them completely. Already purchased items can be used in this case within a transition period or exchanged against reimbursement of the costs. Further claims from you are excluded.
5. termination rights
1. As a user, you can terminate your user account at any time without notice. This is possible directly via the respective app/game or by giving notice in text or written form. In case of a cancellation outside the app or logged into the portal, a complete and secure identification of the user is required.
2. After the termination, all functions enabled by the creation of a couchgames.wtf account, whether paid or free, are no longer usable and the user will no longer have access to the user account. All personal data, for which the operator is not subject to any legal storage obligations, will be irretrievably deleted after a period of 2 weeks.
3. The user will always have access to the full scope of the couchgames.wtf account in all games in case of a regular termination until the termination becomes effective, unless the user explicitly requests the immediate blocking of the access and the immediate blocking of the deletion of all data.
4. The operator has the right to terminate the free couchgames.wtf account at any time. In the context of a subscription or any other paid option, the operator has a simple right of termination after the expiration of a subscription or after the termination of the paid option.
5. As far as technically possible, the operator may terminate the license for the free use of any offered app at any time. Apps offered free of charge can be removed from the App Store by the operator at any time, so that they are not available for installation or update. In this case, the operator also has the right to prevent the use of a couchgames.wtf account from the respective app.
6. Within the framework of an orderly operation of the app and the portal www.couchgames.wtf, in particular but not conclusively in the case of violations of No. 6-7 of these terms and conditions, the operator is also entitled to a special right of termination within the framework of the use of premium options. In the event of extraordinary termination, the operator will refund fees to the user on a in proportion basis.
6. Rules of conduct
1. The user undertakes to comply with a netiquette, which the operator can make available separately in each app or in the portal. In addition, the user undertakes not to carry out any harassing actions towards other users of the app used in each case. In case of abuse or harassment, the operator is always free to block the possibility of the user contacting other or certain users, regions, age groups or genders.
2. The user may use a pseudonym for the use of the app and for the couchgames.wtf account.
7. obligations of the user
1. The user undertakes to comply with the laws and regulations applicable to him when using all offered apps and the portal couchgames.wtf.
2. Furthermore he commits himself to refrain from the following actions in the context of the use of a couchgames.wtf account or in chat possibilities of an app:
Disseminating statements with advertising, religious or political content.
-spying , disclosing or distributing personal or confidential information of other users or otherwise disrespecting the privacy of other users.
-Use of prohibited or illegal content.
-Exploiting errors in programming.
-Requesting others to give out login credentials such as username or other personal information.
-Taking actions that may lead to excessive load on the servers and/or massively affect the use of the app for other users.
-Use or distribute automation software.
3. The User is entitled to use the App and the Portal with the aid of any HTML5-capable end device that displays the respective App or the respective Game in its HTML5 form in a commercially available manner. In addition, the User is entitled to use the game apps with commercially available mobile phones on which the apps have been released by the Operator, as well as on emulator software that is offered in a copyright-permissible manner and does not offer any automation functions apart from the emulation of mobile operating systems. . Any use of additional programs, scripts or other aids beyond this is expressly prohibited.
4. Content from the App, the Portal or access to the App or the Portal may not be exchanged, bought or sold for goods or money.
5. In case of disregard of the above rule, the operator reserves the right to terminate all contracts with the user without notice and to restrict or completely prevent the use of the couchgames.wtf account.
6. The operator reserves the right, after a permanent blocking or deletion of the couchgames.wtf account or the extraordinary termination of the contracts with the user, to prohibit the user from registering for the use of the account again in the future. The operator may also use technical means to ensure such a block.
7. The user receives a 1x password by e-mail when logging in. The user must ensure that this password and his access data are kept secret. If a third party uses the account of a user after he has obtained the access data because the user has not adequately secured them against unauthorized access, the user must be treated as if he had acted himself. The user is free to prove that he did not act. It is therefore the user’s obligation to adequately secure his or her own e-mail box.
8. The user undertakes to send invitations from the app of the respective game, to participate in a game, only to such a person who clearly or presumably agrees with the receipt of this invitation. The user fully indemnifies the operator from all claims of third parties that may be asserted against the operator due to the receipt of unauthorized e-mails.
8. Liability and defects
1. The operator is only liable for damages caused by the contractual use of all apps, the couchgames.wtf account or the portal and only in case of intent (including fraudulent intent) and gross negligence. In case of defects of title, the operator is only liable for fraudulently concealed defects.
2. The operator is liable without limitation in case of intent and gross negligence. Furthermore, the operator is liable for negligent violation of essential contractual obligations. Essential contractual obligations are those obligations that make the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose fulfillment the User may rely.
3. The above limitations of liability shall not apply in the event of fraudulent concealment of a defect or in the event of injury to life, limb or health. The liability and of the operator according to the product liability law and § 44a TKG remain unaffected by these terms and conditions.
4. The liability for the recovery of data of the user is limited to the amount of the costs necessary to recover the data that would have been lost even if regular and reasonable data backup measures had been taken or that can otherwise be reconstructed from machine-readable data material with reasonable effort even if regular and reasonable data backup measures had not been taken.
5. Damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless caused intentionally or by gross negligence on the part of the operator or unless injury to life, body or health is concerned.
6. The Operator provides the User with the use of the Apps and the Portal in the respective existing version. Without prejudice to claims in the event of defects in one of the Apps, the User shall have no claim to the maintenance or creation of a specific condition and/or scope of functions of the respective App or the Portal.
7. Guarantees in the legal sense are not assumed by the operator, unless otherwise expressly agreed in writing.
9. Cancellation policy / revocation
Right of Revocation
You have the right to revoke the license agreement for the use of the App and/or a contract for the use of a Premium Option within fourteen days without giving any reason.
The withdrawal period begins fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform Couchgames.wtf GmbH, Yvonne-Georgi-Weg 5, 30855 Langenhagen, Email: firstname.lastname@example.org by means of a clear declaration (e.g. a letter or email sent by post) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you have revoked this contract, Couchgames.wtf GmbH shall repay to you all payments received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by Couchgames.wtf GmbH), without undue delay and at the latest within fourteen days from the day on which Couchgames.wtf GmbH received the notification of your revocation of this contract. For this repayment, Couchgames.wtf GmbH will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will Couchgames.wtf GmbH charge you for this repayment. Couchgames.wtf GmbH may refuse repayment until the goods or virtual items have been refunded by the user or until the user has provided proof that a return or refund has taken place, whichever is earlier.
End of the cancellation policy / revocation policy
Sample cancellation form
(If you wish to cancel this contract, please fill out and return this form. )
Couchgames.wtf GmbH, Yvonne-Georgi-Weg 5, 30855 Langenhagen, Tel: 01234567899, Email: email@example.com))
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) /provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Delete as applicable.
The right of revocation expires prematurely in case of contracts for the delivery of digital contents not on a physical data carrier, if couchgames.wtf GmbH has started the execution of the contract after the user has explicitly agreed that couchgames.wtf GmbH can start the execution of the contract before the expiration of the revocation period and has confirmed his knowledge that he loses his right of revocation by his agreement with the start of the execution of the contract.
10. Data protection
1. The operator will, of course, treat all personal data provided by the User during business relations as strictly confidential and in compliance with the applicable data protection regulations.
2. For technical reasons, participation and use of the app, the portal and the connected games and in the related services is not possible without storing the user data. The user agrees to the electronic data storage and processing by registering in the app or by using the services related to the app.
3. If a user requests the complete deletion of his data, this will automatically lead to the deletion of his account and the termination of the license agreement. In this case, a refund for premium content is not possible.
6. The operator assumes no separate guarantee for the protection of confidential, personal data, which goes beyond the basic legal obligations. In particular, the operator does not assume any warranty for the misuse of data that goes beyond indispensable legal liability.
1. The Operator provides the User with the Apps, the Portal and all services and functions associated with the Apps and the Portal as a simple right of use for private use. Furthermore, the apps or parts thereof may not be reproduced or made publicly available on the Internet or via a network or stored on data carriers, unless this is done via the regular or permitted use of a supported and official app store. They may also not be used or exploited commercially. In addition, editing, decompiling, disassembling and reverse engineering are prohibited unless expressly permitted by law. Instigating third parties or aiding and abetting such acts is also prohibited.
2. For all contents, which are provided within the scope of the apps, the portal or the use of the couchgames.wtf account by you as a user, the user grants the operator free of charge the simple, spatially unrestricted right to reproduce and to make publicly available in connection with the app, the portal couchgames.wtf and all other portals of the operator. He guarantees the operator to own the necessary rights to all posted and/or used content, in particular, but not exclusively, profile photos and other images, so that the operator can offer the apps and the portal worldwide.
3. In the event that content can be created in a game by the user in order to individualize the game for his or her own purposes, the user transfers to the operator free of charge the simple, spatially unrestricted right to reproduce the content and to make it publicly available in the context of the app and the portal. In this case, the user also waives his moral rights if the preservation of these rights (for example, but not exclusively the naming of the author) is not possible or not reasonable for the operator. A transfer of rights will only take place if and to the extent that the content created is protected by copyright and reaches the necessary level of creation. The user also expressly transfers to the operator all necessary rights to offer the individual adaptations as a collection or as individual content, free of charge or for a fee via the app stores. The User shall not receive any separate remuneration for this licensing.
4. The User shall indemnify the Operator against all claims, including claims for damages, asserted by other persons or other third parties due to an infringement of their rights by the conduct of the User or by the content or data posted by the User. The User is obligated to reimburse the Operator for any reasonable costs incurred as a result, in particular the costs incurred by any legal defense that may be necessary. All further rights as well as claims for damages remain unaffected.
12. Applicable law, place of jurisdiction and other matters
1. These terms and Conditions and all contracts concluded on the basis of these Terms and Conditions shall be governed by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of German private international law is excluded.
2. If the user’s place of residence or habitual abode is outside the Federal Republic of Germany, the place of jurisdiction shall be the operator’s place of business. This also applies if the domicile or habitual residence of the user is not known at the time the action is filed.
3. Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions.
4. The contractual agreements between user and operator are subject to the law of the Federal Republic of Germany, as far as permissible.