The below General Terms and Conditions have been released on 24th February 2020 and went into effect on 23rd March 2020.
1 Area of application
1.1 simulogics GmbH (hereinafter referred to as „simulogics“) provides the usage of its digital games according to the following general terms and conditions.
1.2 The inclusion of the client’s terms and conditions is explicitly objected to.
1.3 To use the games provided by simulogics, registering an account (section 2.5) with simulogics is required. If the user acquires a game in a third-party store (e.g. Steam, XBox Live, Playstation Store, Apple AppStore, Google Play, Windows Store, Amazon App Shop), accessing the game may require to establish an account with the provider of the respective store and agree with its respective terms and conditions.
1.4 The terms and conditions at hand can always be accessed, viewed, saved and printed by clicking the link “Terms & ConditionsTerms & Conditions” at the bottom of each official website of a published game run by simulogics.
2 Game Service
2.1 Via its web pages, simulogics provides access to and usage of the games it runs. Depending on the product, usage can be free of charge or cost money. Registration as a user under consideration of the terms and conditions at hand is required for usage. Furthermore, installation of software might be required for playing depending on the individual game.
2.2 The games provided are free based on the so-called “free to play” model or they are based on a “pay to play” model. Any costs in the “free to play” model solely emerge from the optional purchase of premium features and services as described in section 3. In the case of the “pay to play” model, time-dependent costs for accessing the game arise. In order to be accessed, the games require the user to have Internet access, the maintenance of which is exclusively the user’s responsibility. Internet access or usage of mobile data may cause additional fees.
2.3 Only natural persons as defined by § 13 BGB (“Bürgerliches Gesetzbuch”) aged 18 years or older are eligible to use the games provided by simulogics. Companies as well as legal entities under public or private law are excluded from games or any other services provided by simulogics. Commercial use of the games is prohibited, except for the purpose of journalistic research.
2.4 By registering as a user of one of simulogics’ games, the user creates an account for the respective game. During registration, the user is asked to provide personal data – this may include their date of birth, country of residence, first and last name, e-mail address and the mandatory chosen password. simulogics reserves the right to ask for additional personal or non-personal data, e.g. to increase security of the respective account or to allow for proper tax collection.
2.5 Registering requires the creation of a freely selectable user name, which will be visible by all other users in the game. The user name must not belong to an actual living or dead person or bear similarities to such a person, except for the user themselves. Additionally, the user name must not have a sexual, sexist, xenophobic, inflammatory or any other nature that simulogics deems inappropriate. simulogics reserves the right to change any inappropriate user name.
2.6 By clicking the button “Register”, the user finalizes the registration process and agrees to the general terms and conditions at hand. simulogics will confirm the registration and confirm or deny the user’s offer to a registration contract.
2.7 simulogics may establish forums or chat systems, e.g. on Discord (hereinafter referred to as “community forums”) at their discretion, where registered users are able to talk about their games and publish content. simulogics may at any time grant, limit or deny access to these community forums at will. simulogics is not obligated to maintain community forums. Using community forums may require an additional registration.
2.8 Any third-party software besides the client software provided by simulogics that is required to properly use the games must be independently procured, installed and operated by the user. simulogics does not provide support for any such third-party software. Section 5.3 must be respected under any circumstance.
2.9 The user can terminate their account at any time. In case of a termination, any previously unused virtual credit, premium features and premium services expire with no claim for a refund. In all other regards, the cancellation of the contract is based upon section 9. Upon cancellation of the contract, all personal data of the user previously stored by simulogics is irreversibly deleted unless the continued storage of this data is required by law. In the case of a legal requirement to store the data, it may at first be locked. Its deletion ensues as soon as the legal requirement to store the data expires.
2.10 simulogics always makes every effort to ensure the constant availability of its games but cannot guarantee specific availability. Availability depends on a large number of factors beyond simulogics’ control. Nevertheless, simulogics will make every effort to conduct maintenance procedures outside of the statistically measured time windows of a game’s peak usage. Unannounced maintenance procedures may be necessary in certain cases, which is why simulogics cannot guarantee the availability of a game at a specific time, e.g. if a hack, malware, or critical software error occurs.
3 Premium features and -services
3.1 The usage of a free-to-play game is free of cost for registered users. However, certain virtual items, features, services and functions can only be bought (hereinafter referred to as “premium features”). simulogics can limit the availability of specific premium features to a certain time frame. Any additional information about the concerned premium features, their price, their functions and any potential additional conditions for their purchase and usage can be found in the online store of the respective game or in its in-game shop.
3.2 The user can buy premium features by using the virtual currency of a game. This virtual currency can be bought while playing as well as gifted by or bought from simulogics or one of its partners. simulogics has the right to adapt the payment options as long as the client maintains the ability to make use of previously purchased virtual currency without limitations. Virtual currency can be bought in simulogics’ online shop. The availability and the amount offered are determined by simulogics. Virtual currency can exclusively be used to purchase premium features as part of a game. Pay-out of virtual funds through simulogics is not possible unless the general terms and conditions at hand suggest the opposite.
3.3 The purchase of virtual currency in the online or in-game shop is concluded when the button labeled “pay now” is pressed.
3.4 simulogics may occasionally provide players with free virtual currency or premium features at will, e.g. as a reward for an achievement in a game or as part of a promotional campaign.
3.5 If simulogics does offer premium features or other services that must usually be purchased, it is not obligated to keep offering those features or services for free and is entitled to terminate such offers at its discretion.
3.6 Access to pay-to-play games is dependent on the daily payment of a set sum of virtual currency. The sum is continuously detracted from the virtual credit balance on a daily basis. If the balance reaches a value lower than the daily cost required to access the game, access to the game is barred until a sufficient amount of virtual currency is available again and the daily cost can be withdrawn. Pausing the withdrawal is not possible. In a pay-to-play game, the client may play on several game servers at once. simulogics reserves the right to offer periods of usage longer than one day.
3.7 The user is not permitted to sell, rent, or transfer their account, virtual currency balance, premium features or any other virtual game items to a third party or to transcribe those things to someone else’s name. This does not include free trading options built into the games. Correspondingly, all parties obligate themselves to not transfer any rights, requests or claims arising from the contractual relationship to third parties (§ 399 BGB). This also includes services which concern reaching goals in a game, the purchase of virtual items or other advantages in a game for real money.
4 Right of revocation
4.1 If the user obtains the game and/or premium features or premium services directly from simulogics (e.g. via an official simulogics website), simulogics is a contracting party in the purchase, meaning that the following is the case:
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the date of concluding the contract.
To exercise your right of revocation, you must send an unequivocal statement (e.g. a letter, fax, or e-mail) stating that you would like to cancel the contract to simulogics GmbH, Wilhelm-Leuschner-Straße 55, 64380 Roßdorf, e-mail firstname.lastname@example.org. You may (but aren’t required to) use the attached revocation form template.
To meet the revocation deadline, it is sufficient to send out the revocation notice before the deadline expires.
Consequences of revocation
If you revoke this contract, we are obligated to reimburse all payments we received from you, including delivery cost (excluding all costs resulting from you choosing a more expensive kind of delivery than the cheapest standard delivery we offer), immediately and at latest within fourteen days from the day the notice about your revocation reached us. For this reimbursement, we use the same mode of payment as you did for the initial transaction unless we explicitly agreed on another mode of payment with you; in any case, you will not be charged any recompense for this refund.
End of revocation notice
4.2 The right of cancellation expires ahead of time if the contract has been fulfilled by both parties if explicitly requested by the user before they have made use of their right of cancellation.
4.3 If the user buys the game and/or premium features or premium services via a third-party store (e.g. Steam, XBox Live, Playstation Store, Apple AppStore, Google Play, Windows Phone Store, Windows Store, Amazon App Shop), the third party is the contractual partner pertaining to the purchase, meaning that their regulations concerning the conclusion of contracts and cancellation apply. In this case, a potential cancellation must be directed at the respective third party.
5 User obligations
5.1 simulogics may occasionally publish game rules or guidelines describing mandatory behavioral standards for users of their games. These rules and guidelines are regularly updated. The user will be notified about said changes via e-mail appropriately ahead of time.
5.2 The user obligates themselves to treat all login credentials to their account and their games in a strictly confidential manner. The user is forbidden from granting access to their account to third parties not permanently residing in the user’s household. If the user suspects or learns that a third party is in possession of their login credentials, the user has to immediately inform simulogics about it. simulogics has the right, but not the obligation, to suspend the user’s account and/or to change the login credentials in question if simulogics suspects or learns that a third party possesses them. The suspension of an account can last until the user’s protection from unauthorized access as well as the security of the systems and websites operated by simulogics are assured and the source of the unauthorized access has been identified. If the user granted access to their account (or other services by simulogics meant for the user) to someone else on purpose or due to gross negligence, the user is liable for any damages resulting from this as well as for purchases made by the third party.
5.3 The user is forbidden from using any software that immediately or indirectly affects the game, its functionality (e.g. via so-called “bots”) or the data transmission between the user and simulogics. The user is also forbidden from using any devices, applications, software, scripts or similar which grant the user an advantage over other users who do not make use of such applications, software, scripts or the like. The usage of applications, software, scripts or similar which allow for an automated usage or control of the game is prohibited. The user is obligated not to purposely exploit programming errors in the game to their advantage. simulogics may explicitly approve of certain third-party software or scripts to be used with their game. Such approval can be revoked at any time by a notice within the game or on the website.
6 User-generated content
6.1 simulogics may at their discretion provide users with the ability to upload and publish their own content, files or information (hereinafter referred to as “user-generated content”). User-generated content may be utilized by the user and all other users of the respective game as well as any other simulogics games within the game or the community forums as intended by the game or forum. simulogics has the right to limit the available storage capacity for uploaded user-generated content and to delete the content.
6.2 Rights to the user-generated content remain with their creators unless they were explicitly granted to simulogics by the general terms of service at hand. By uploading and publishing user-generated content to a game, via a game and/or in the community forums, the user grants spatially and temporally unlimited usage right to this content to simulogics. These usage rights include the right to use, modify, delete, publish, publicly display and/or repeat, duplicate, offer to the public, or put in circulation any user-generated content linked to the game, community forums and other channels associated with the game or community forums run by simulogics or third parties authorized by simulogics. simulogics does not have the right to sell or rent out user-generated content or to use it in a context independent of the game or the community forums. As soon as a user deletes user-generated content, simulogics will end or limit the distribution of this content within their technical possibilities. With the end of its distribution, the usage right to the deleted user-generated content expires. Notwithstanding the previous regulations, simulogics is not obligated to delete any uploaded or published user-generated content that was distributed by other users within the game or on social media, or to ask those users to delete it. The user understands that such distributed user-content may remain public and usable by other users or third parties and that the enforcement of their right to deletion rests with the user themselves.
6.3 The user has no claim to compensation from simulogics for the granted usage rights.
6.4 simulogics maintains the right to sub-license the granted usage rights to third parties. The extent of the sub-license may not surpass the scope of the rights granted in 6.2.
6.5 The user assures to possess the rights to any user-generated content they provide and publish or to have been granted the usage rights in accordance with 6.2 and that the user-generated content they provide and publish does not harm the rights of third parties, especially their right to privacy, personal rights, copyright, contractual rights, or any other rights of a third party. Any compensation, fees, fines or any other payments towards third parties resulting from the content provided and published by the user must be paid by the user.
6.6 The user must indemnify simulogics of all costs (including appropriate judicial and extrajudicial costs of legal action) and claims (including claims for damages) towards simulogics that were enforced by third parties due to a violation of rights arising from their user-generated content. This excludes violations of rights that were neither purposeful nor the result of negligence on the part of the user.
6.7 The user is responsible for all user-generated content they provide, publish, or exchange in and/or about the game or via other services provided by simulogics, e.g. the community forums. simulogics does not review user-generated content before its publication and does not grant any clearances to others for doing so. However, simulogics does reserve the right to deny or revert the publication of user-generated content at their discretion. If simulogics finds out about user-generated content being illegal or violating rights, simulogics can lock or delete this content at their discretion. The possibility of providing, publishing, saving or otherwise using user-generated content can be revoked at any time by simulogics.
6.8 The user is forbidden to publish, save or transfer any user-generated content that violates laws or legal agreements. Sexist, pornographic, xenophobic or racist content as well as any content deemed immoral or inappropriate by simulogics is also prohibited. Furthermore, the user is forbidden from harassing other users, e.g. via spam messages, chain e-mails or unsolicited promotion to violate the intellectual property of third parties or to take or support any anti-competitive actions, as well as from using the game or the community forums for commercial communication or the purpose of advertisement.
6.9 The user is allowed to use pictures and video material of the game for the production and distribution of fan videos or Let’s Plays. This permission may be revoked by simulogics at its discretion. Fan videos may neither present the game, simulogics, or other users negatively in an inappropriate manner nor be deemed inappropriate by the USK/ESRB based on the game’s own rating.
6.10 Should the user publish a video (as defined in 6.9) on YouTube or a different streaming or video on demand platform to benefit from advertising revenue, the following restrictions apply to the right described in 6.9: The user is obligated to use the Google AdSense Filter to prevent the display of the following kinds of advertisements on their YouTube channel: advertisements promoting so-called “gold farming”, the sale of accounts, or other actions prohibited by the general terms and conditions at hand; advertisements contradicting the game’s USK/ESRB rating and similar classifications.
7.1 The following applies to purchases a user makes directly from simulogics (e.g. via an official simulogics website or in the so-called “in-game shop” of a game which was not purchased on a third-party platform):
7.2 Payments are due immediately with the purchase of a virtual currency amount. All prices include VAT. The user can pay via all modes of payment listed as accepted during the order transaction. Depending on the total value to be paid, the possible modes of payment may vary and simulogics may offer or remove different modes of payment at their discretion.
7.3 Setoffs or rights of retention by the user can only be enforced by undisputed demands or demands deemed valid in a court decision.
7.4 For purchases the user makes in the store of a third party, the payment terms agreed upon with the third party apply.
8.1 simulogics is only liable for damages resulting from an infringement on life or physical integrity as well as damages that were caused deliberately or due to gross negligence.
8.2 In cases of slight negligence, simulogics is only liable if important contractual obligations which allow for the proper realization of the contract have been violated and whose violation impedes the actual purpose of the contract, the adherence of which the user relies upon. Liability for slight negligence is limited to usual and predictable damages. This does not touch on simulogics’ liability according to the Product Liability Act and the Telecommunications Act.
8.3 This limitation of liability applies to all free and salaried employees at simulogics.
8.4 Liability under a guarantee is excluded after § 536a BGB.
9 Contract duration and cancellation
9.1 The contract entered by simulogics and the user is valid indefinitely unless both parties explicitly agreed upon the contrary.
9.2 Both parties can ordinarily terminate the contract at any time without prior notice.
9.3 The user can terminate the contract via a message to the e-mail address indicated under “Impressum” on the website. The e-mail must contain the user name of the account as well as the e-mail address indicated by the user when the account was created.
9.4 The user may also cancel the contract by using the appropriate account options within the game or on the official website.
9.5 This does not touch upon both parties’ right of an ordinary cancellation.
9.6 In the case of an ordinary cancellation of the contract by the user or an extraordinary cancellation by simulogics in response to the user’s actions, simulogics is not obligated to provide or refund any premium features, virtual currency balance, or other previously paid services.
9.7 simulogics has the right to an extraordinary cancellation especially if:
9.7.1 the user has not yet paid a pending sum of at least 5,00 EUR for thirty days or is in default for the second time in a row over the course of six months;
9.7.2 if the user consciously violates the game rules and behavioral guidelines as defined in the general terms and conditions at hand despite a previous warning by simulogics concerning the matter;
9.7.3 if the user violates the general terms of business of the third party’s store where the game was purchased, which does not require a previous warning;
9.7.4 if exceptional circumstances apply as a result of which the continuation of the contract can no longer be expected by simulogics, especially in case of the commitment of criminal acts according to the criminal code (StGB) or the commercial use of the game, in which case no prior warning is required.
9.8 Instead of cancelling, simulogics may bar the user’s account, access to the game and/or to the community forums for up to one month. The user is not obligated to make any payments for the duration of the suspension.
9.9 In the case of an effective cancellation of the contract, simulogics reserves the right to delete the user’s data in respect of the game.
9.10 The cancellation of subscriptions that were ordered in the store of a third party (e.g. Steam, XBox Live, Playstation Store, Apple AppStore, Google Play, Windows Phone Store, Windows Store, Amazon App Shop) has to also be done in the store of the respective third party for technical and legal reasons. This is because the respective third party acts as a reseller of the services. More details can be found in the agreement with the respective third party. A cancellation with simulogics is therefore not sufficient to nullify a potential duty of payment towards the third party. If such a subscription is not also canceled with the third party directly, further costs may arise even after the game can no longer be used.
10.1 simulogics has the right to change the terms of business without giving any reasons, as long as the user is not disadvantaged against their good faith and trust. Changes are made public both under https://simulogics.games/terms and via e-mail. Changes made to its content are admissible if the need for new rules arises from new extensions to the product, when new features are made available to the users, or if changes to laws or jurisdiction require them, especially if individual rules of these terms and conditions are or have become invalid. If the user does not disagree with the validity of the new terms of service within two weeks since they were made public and available for reading, the new terms of service are considered to have been accepted by the user. In the announcement about the changes made, simulogics will point out the possibilities to disagree, the deadline and the legal consequences, especially those that apply if the user does not disagree. In the case of disagreement, the previously valid terms and conditions apply until the contract is cancelled.
10.2 The law of the Federal Republic of Germany applies to the exclusion of the conflict rules of private international law, which point to the application of other legal systems, as well as the CISG. If mandated by law, the obligatory consumer protection law of the client’s country of residence applies in addition.
10.3 If individual regulations of these terms of business are or become invalid, the validity of the others is not affected.
10.4 The European Commission provides an Internet platform for the settlement of disputes (the so-called ODR Platform). The ODR Platform serves as a means of extrajudicial settlements of disputes concerning contractual obligations from online purchase contracts or contracts between consumers and companies residing in the EU. The platform can be accessed via the following link: http://ec.europa.eu/consumers/odr simulogics is not disposed to take part in such an extrajudicial settlement of a dispute arising from contracts with users.
10.5 According to the VSGB (German “Verbraucherstreitbeilegungsgesetz”), cross-border and domestic disputes regarding contractual obligations from purchase contracts or employment contracts between an entrepreneur registered in the European Union and a consumer registered in the European Union can be brought before a consumer arbitration jury (“Verbraucherschlichtungsstelle”) to achieve an extrajudicial settlement. simulogics is neither bound nor willing to participate in a dispute resolution before an arbitration jury concerning disputes arising from contracts with users.