DECA LIVE OPERATIONS AND DECA GAMES TERMS OF SERVICE

• These terms of use (hereinafter the "Terms of Use") apply to all of the games provided by a company of Deca. Deca means the Deca Live Operations GmbH, Unter den Linden 21, 10117 Berlin, Germany and DECA GAMES EOOD, 53 B, Stefan Stambolov Str., Veliko Tarnovo 5000, Bulgaria.
• The user’s contractual partner is the company, (i) which provides the game that the user makes use of, (ii) which is mentioned at the moment the contract is concluded and (iii) which is also mentioned in the legal notice of the website for the game in question (the respective company providing the respective Game hereinafter referred to as "Deca", "we", "us" and "our"). In these Terms of Use, the user of these Games is referred to as "User / Users” or “you”.
• “Games” or “Game”, for the purpose of these Terms of Use, are all of the online games, browser games, mobile games and any other digital offers of games for any end devices (e.g. PCs, smartphones, tablets, connected devices such as streaming or set-top boxes and smart TVs) and/or online platforms offered by Deca.
• The Games may also include, where necessary, any additional services such as the acquisition of Virtual Currency (subject to the provisions of Section 12), which can be exchanged for purchasing digital objects, downloadable content, additional packets, additional functions, server changes, in-game name changes or any other additional functions (jointly: “Premium Features”), purchasing subscriptions, purchasing virtual objects in exchange for real currency as well as other additional services, in particular communicating with other players (e.g. forums, chat, user profile pages rankings etc.).
• Deca objects to the validity of any general terms and conditions of Users. Any general terms and conditions of users become an integral part of the Agreement only if Deca provided its express consent to them in writing.
• Deca may arrange competitions, tournaments, sweepstakes and other special promotions within the Games. These may be subject to separate provisions that the user will be referred to, if required.
• Additional game rules, rules for use, participation requirements and communication rules (in these Terms of Use jointly referred to as “Game Rules") of the respective Games are published on its websites or in the Games. By accepting these Game Rules when signing up to a Game you accept bindingly these Game Rules. If these Terms of Use and the Game Rules are contradictory, these Terms of Use supersede the Game Rules, unless the Game Rules provide specifically for a priority ranking toward the Terms of Use.
• Deca can utilize the services of independent third parties for the games (in these Terms of Use referred to as "Third Party Service") such as app stores. No Third Party Services are provided by third parties upon the instruction of Deca. Third Party Services are not provided by Deca. Deca or the third party will identify these services in a suitable manner. Any issues in connection with Third Party Services are not affected by these Terms of Use. Deca shall not be responsible for Third Party Services. Third Party Services are potentially subject to their providers' general terms and conditions. The user’s contractual partner for Third Party Services is the third-party provider in question.
• Applications for mobile devices (such as smartphones and tablets) and connected devices (together referred to as "Apps") are generally not directly provided by Deca but by a third party provider (hereinafter "App Store"). A separate user account of the User in the respective App Store may be necessary for this purpose. Game scores, high scores and achievements/accomplishments or in-app-purchases (jointly referred to as "Game Data") are potentially tied to the Apps installed on the used mobile device or connected device and these cannot be transferred. When the User deletes the App and subsequently re-installs the App or changes the mobile device or the connected device and subsequently re-installs the App, the User has no claim against Deca for transferring the Game Data to the other mobile device or connected device. Deca does not warrant that Game Data achieved by playing on mobile data connections and/or mobile devices and/or connected devices are equivalent. In particular, graphic quality, sound quality and response times of a Game may be worse than playing via stationary data connections and/or stationary terminal devices. Certain functions and contents may not be available.
• By clicking the "Accept" button when you register for an Account to use any of our Games, and/or clicking the "Accept" button when prompted when you first log in to indicating your acceptance when they are presented to you, you agree that these Terms of Use shall bind you legally. If you do not agree to these Terms of Use, you must not use the respective Game.
• We offer the Games only to consumers and your use is limited to non-commercial purposes. It is prohibited to use our Games for commercial purposes. Any participation in a Game is for entertainment purposes only.
• We recommend that you keep a copy of these Terms of Use for your future reference.

• We reserve the right to change or expand these Terms of Use at any time effective in the future, provided it seems necessary and it does not affect you and/or your rights adversely under the principle of equity and good faith. In particular,any changes in the legal and statutory environment, gaps in the regulations to be closed or technical advancements may require a change of these Terms of Use. Moreover, any new court decisions constitute a change in the legal situation. Any changes and advancements of our Games may necessitate a change or an amendment to these Terms of Use.
• Any change or amendment will be announced in text form at least four weeks prior to its effective date. In general, the information about the modification of the Terms of Use is announced by e-mail or on the websites of our Games or in our Games but in any case, the next time you log into your account.
• You have the right to object to any change or amendment within four weeks after the date of publication and possibility of acknowledgment. In case of an objection, both Parties are entitled to an extraordinary right to terminate the Agreement in accordance with the termination provisions specified in this Agreement. Other rights to terminate shall be unaffected thereby. If you do not object within the objection period then the change or amendment is deemed accepted and becomes an integral element of the Agreement.
• We will inform you specifically of the changes in the Terms of Use and the possibility to object and cancel, of the deadline and the legal consequences, particularly the consequences of non-objection.

• You confirm that you are of legal age and have full legal capacity to form a binding contract and hereby agree to be bound by these Terms of Use. You must be at least 16 years of age to use our Games, including to submit any personal data to us through or in connection with your use of our Games. If you are not, you must provide DECA with written parental or legal guardian consent to enter into these Terms of Use via the support center at https://support.decagames.com. As soon as an underage User uses his/her Account after having become an adult, then all contracts concluded before becoming an adult in connection with his/her Account shall be deemed to have been approved.
• We are entitled to request at any time written proof of your legal age or the written consent of your legal guardian.

• In order to use a Game, you must register for an account with us (the "Account") and provide certain information about yourself as prompted by the Games’ sign in/login page. You agree that you have no ownership or proprietary interest in your Account.
• The registration information you submit must be truthful, accurate and complete. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information on your Account. If any information you provide is or becomes untrue, inaccurate, or incomplete, Deca has the right to terminate your access to and use of your Account and the Deca Service. Deca is entitled but not obliged to verify the accuracy of your information. This may be done by Deca requesting documents to prove your identity such as a personal ID card. Deca is entitled to make the creation of an Account subject to such verification.
• By sending your registration, you send an offer to conclude a user agreement with us (in these Terms of Use referred to as "User Application”). However, this does not conclude an agreement. The Agreement is only concluded upon our acceptance of the User Application. Deca may confirm access to the User Application by sending an electronic mail to the e-mail address specified by the User. The confirmation of receipt is not an acceptance of the User Application. The acceptance of the User Application can be made in connection with the confirmation of access if expressly carried out that way. In addition, the acceptance can be expressly confirmed outside the confirmation of receipt or by the first deed of performance by us. There is no entitlement to the conclusion of an agreement to establish an Account, to the participation in Games or to the use of Virtual Currency or Premium Features.
• You can delete your Account at any time, for any reason, either in-game where available, or by emailing us at privacy@decagames.com with the subject "Close My Account".
• You are responsible for maintaining the confidentiality of your Account log-in information, including your username and password. You must not share your Account log-in information with any third party. Accordingly, you are responsible for all activities that occur under your Account or through the use of your username and password, including any purchase of Virtual Currency, whether or not authorized by you or without your knowledge.
• You are responsible for ensuring that any username you select does not infringe any third-party rights or is unlawful. Your selection and use of a particular username do not give you any ownership or rights in that username. Deca may refuse to grant you a username in its sole discretion for any reason, including, without limitation, if it is illegal or offensive, if it impersonates or implies an association with another person.
• You must promptly change your password and notify us via the support center at https://support.decagames.com if you suspect or become aware of any unauthorized use of your Account or any other breach of security.
• You may not use anyone else's account or permit anyone else to use your Account for any reason, at any time. You agree that Deca will not be liable to you for any loss you may incur as a result of someone else using your Account. The liability for intent and gross negligence on the part of Deca remains unaffected. You also agree that you will be liable for any loss that Deca or any third party may incur as a result of someone else using your Account caused by a culpable act or failure to act of you.
• You agree to pay all fees for the purchase of Virtual Currency and/or Premium Features (hereinafter “Fees”) incurred by your Account, including any applicable taxes. Deca may amend the Fees payable for the Deca Service and may add new products and services for additional Fees and charges at any time in its sole discretion. Such amendments will not affect any previous purchases. You agree that there are no refunds for payments made through your Account subject to applicable mandatory laws.
• You are prohibited from transferring your Account to third parties without our prior written consent. Any transfer consent of us does not entitle to transfer the Account for a remuneration. The same applies to individual characters/game figures/avatars, which you have created within our Games.
• If you culpably violated your contractual duties under this Section 4, then Deca is entitled to block the access to your Account by blocking or suspending the Account. The provisions of this Section 4.11 do not limit the termination right of Deca – particularly the right to terminate effective immediately – in accordance with Section 5 and 16. In addition, they do not limit the right of Deca to exercise the virtual domiciliary right.

• Deca grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use our Games for your own non-commercial entertainment purposes, subject to these Terms of Use.
• Deca does not grant you any other express or implied rights or license in or to our Games, and all right title and interest that Deca has in its Games not explicitly granted to you by Deca or its licensors are retained by Deca or its licensors.

• You acknowledge that you have no right to have access to our Games in source code form or in unlocked coding or any other human-readable form. We reserve the right to modify, suspend or discontinue our Game and the licenses granted to you in whole or in part at any time for any reasons. These reasons include, but are not limited to compliance with applicable laws or regulations, the need to address technical or security issues, disproportionate economic hardship, loss of rights, licenses, or agreements necessary to offer the Game, changes to our business model or services, or decisions to reorganize, cease operations, or discontinue certain products or markets. Where reasonably possible, we will provide you with advance notice of such changes.

  To the fullest extent permitted by applicable law, Deca shall not be liable for any loss or damage arising from the modification, suspension, or discontinuation of our Games or licenses, except where such liability cannot be excluded by law.

• You must not otherwise transfer or sublicense a Game, your account or access credentials to any other person or share a Game with any other person.

• Your right to use our Games is subject to the restrictions listed below. Except as expressly set out in these Terms of Use or as permitted by applicable mandatory law, you undertake
• not to use our Games for any commercial purpose, or for any purpose that is fraudulent or otherwise unlawful;
• not to interfere with the operation or fair play of the Games and to comply with our Acceptable Use Policy (acc. to Section 9 below);
• not to copy the whole or any part of our Games, except where such copying is incidental to the normal use of the Game for its intended purposes, or where it is necessary for the purpose of back-up or operational security;
• not to reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by our Games, including without limitation for public or commercial purposes, including any text, images, audio and video;
• not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify the whole or any part of our Games;
• not to make alterations to, or modifications of, the whole or any part of our Games, or permit a Game or any part of it to be combined with, or become incorporated in, any other product or service;
• not to disassemble, decompile, reverse-engineer, derive any code or algorithms or create derivative works based on the whole or any part of our Games or attempt to do any such thing except to the extent such activities are permitted under applicable law;
• not to sell, resell, link to, exploit, provide or otherwise make available the whole or any part of our Games (including object and source code), in any form to any person without prior written consent from us;
• not to remove any copyright, trademark or other proprietary rights notices from our Games, and to include our copyright notice on any copies you make of our Games on any medium; and
• that you are responsible for obtaining and have obtained any and all necessary authorizations, consents and permissions, including from any third party, to the extent that you submit, post, transmit or otherwise process personal data using our Games.
• You must not use, promote, or distribute any means to gain an unfair advantage in a Game or to manipulate its normal operation. For the purposes of these Terms, a Cheating Breach (as defined here) occurs if you:
  • use or promote bots, hacks, cheats, aimbots, wallhacks, trainers, loops or other third-party software that alters gameplay;
  • use or promote scripts, macros, or automation tools to play or farm resources;
  • exploit bugs, glitches, or unintended mechanics (including duplication exploits) for personal gain;
  • modify, alter, or use unauthorized versions of the Game client, including altered APKs, cracked clients, overlays, packet editing, or memory editing;
  • engage in account manipulation, including account sharing, boosting, or paid rank/climb services;
  • participate in real-money trading of accounts, in-game currency, or items outside of official channels;
  • use software or automated agents or scripts to produce multiple accounts in our Games, or to generate automated searches, requests, or queries to our Games, or to strip, scrape, or mine data from our Games; or interfere with or disable any security-related features of our Games;
  • attempt to gain unauthorized access to the Games, other player accounts, or Deca’s systems, including through password mining, scripts, or other automated tools;
  • impersonate Deca staff or representatives in order to deceive or obtain an unfair advantage;
  • interfere with or disable any security-related features of the Games;
  • assist, permit or encourage any person to perform any of the activities described above; or
  • engage in any other conduct intended to gain an unfair advantage, disrupt fair play, or manipulate the in-game economy.
• For the avoidance of doubt, a Cheating Breach as defined in this Section 6.2, as well as any actual or suspected breach of the restrictions set out in Section 6.1, constitutes a material breach of these Terms. Deca may, in its reasonable discretion and upon evidence of such a breach, suspend or terminate your Account and this Agreement with immediate effect in accordance with Section 16.

• Our Games (including all information and materials that we provide on or through our Games, including without limitation any data, text, pictures, graphics, audio, video, icons, games, software and upgrades, links and other content and features, and any upgrades, enhancements and/or modifications thereto) are protected by and embody copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, and other intellectual property and proprietary rights (together, "Intellectual Property Rights").
• You acknowledge that the Games and the Intellectual Property Rights embodied in or relating to it anywhere in the world are and shall remain the property of Deca and/or its licensors, that rights in the Games are licensed (NOT SOLD) to you, and that you have no rights in, or to, the Games other than the limited right to use the Games in accordance with these Terms of Use.
• You acknowledge that you have no right to have access to all or any part of the Games in source code form.

• “User Content” means any and all information and content or materials such as text, graphics, images, music, sound effects, photographs or other materials that you submit, post or transmit on or using a Game or any other service provided by Deca (together “Deca Service”), including through any ratings, comments, blogs, forums, email or other features. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or use by others, or any disclosure of your User Content that personally identifies you or any third party. You agree that you own all User Content that you post and that you do not need any permission from any third party to post your User Content. You agree that you will not misrepresent the source, identity or content of any information sent, posted, transmitted or made available via the Deca Service (such as claiming that you own or created User Content or other work that is not actually yours).
• How User Content cannot be used: Your User Content must not violate our Acceptable Use Policy (see below at Section 9). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Deca. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or third-party rights.
• Backing up User Content: Deca has no custody or safekeeping obligations for User Content. Deca is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice – accordingly we recommend you to store and backup copies elsewhere. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
• License for Deca to use your User Content: So that we can operate the Deca Service, and host and display your User Content (including by incorporating your User Content into the Deca Service) you grant (and confirm and represent to us that you have the right to grant) us a license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content on the basis that such license is:
• irrevocable – once agreed, you cannot remove or restrict our right to use your User Content as described above;
• non-exclusive – you and, if you let them, other people can use your User Content;
• royalty-free and fully-paid – we don’t have to pay you or any other party (either now or in the future) to use your User Content in the fashion described above;
• worldwide – we can use your User Content in the fashion described above anywhere in the world; and
• sub-licensable – you allow us to authorize other businesses and individuals to use the license described above, for the purposes of including your User Content as part of the Deca Service.
• Moral rights waiver: To the extent legally possible according to the applicable law, you hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
• Do not send us confidential information in User Content: Please note that the User Content you provide to us or make available on or through the Deca Service will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You acknowledge that your communications with other users via the Deca Service are public and not private communications, and that you have no expectation of privacy in respect of such communications. Any personal data you submit via ratings, comments, blogs, forums, email or other features of the Deca Service may be seen and used by other users. We strongly encourage you not to disclose your personal data via such ratings, comments, blogs, forums, email or other features. Deca is not responsible for any confidential information (including personal data) you communicate in this way.
• Monitoring: You understand that (unless required by law) we generally have no obligation to monitor User Content that you or any other person provides or makes available on or through the Deca Service. However, you agree that we may in our absolute discretion, monitor, alter, remove or refuse to post any such User Content for any reason. The opinions expressed in User Content reflect solely the opinion(s) of the user and do not necessarily reflect the opinion(s) of Deca. We are not responsible for the accuracy, truthfulness or completeness of any User Content and we will not be liable to you for any loss or damage caused by your reliance on such User Content. The liability for intent and gross negligence on the part of Deca remains unaffected.

• With regard to the protection of our reputation and third-party rights, you agree not to use a Game in any way:
• that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
• that is harmful to minors in any way; or
• that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
• With regard to the protection of our systems, you agree not to:
• use any features of a Game for anything other than their intended purpose, including exploiting any glitches for personal gain;
• interfere with, disable, disrupt, or create an undue burden on servers or networks connected to a Game, or violate the regulations, policies or procedures of such networks;
• attempt to gain unauthorized access or provide automated access to or use of a Game (or to other computer systems or networks connected to or used together with a Game), whether through password mining, unauthorized scripts, scrapers or offline readers or any other means;
• attempt to impersonate another person or entity, including (without limitation) any representative of Deca;
• stalk, harass, interfere with, restrict or inhibit any other user's use and enjoyment of the Games, including by bullying, grieving, shouting, flooding, spamming or using excessively large images to obstruct other's vision/ability to read messages normally;
• use software or automated agents or scripts to produce multiple accounts in our Games, or to generate automated searches, requests, or queries to our Games, or to strip, scrape, or mine data from our Games; or interfere with or disable any security-related features of our Games;
• make improper use of our support services, including by submitting false abuse reports or maliciously submitting multiple duplicate and/or irrelevant requests; or
• assist, permit or encourage any person to perform any of the activities described above.
• The automatic establishment or registration of accounts or registrations to our Games is not permitted. Automated login is prohibited. Only the official clients and websites provided by Deca may be used to connect to the servers of our Games. You may not create, support, host, link or provide any other options, which can be used by another person to play our Games, such as server emulators.
• We reserve the right to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms of Use or otherwise create liability for us or any other person. The action we take will be determined by us acting in our sole discretion within the scope of the rights to which we are entitled. Examples of action that we might take could include terminating these Terms of Use and your right to use our Games, and/or reporting you to law enforcement authorities or relevant rights holders, and/or block the access to your Account.

• If you provide Deca with any feedback or suggestions regarding our Games ("Feedback"), you hereby transfer to Deca all rights in such Feedback. You also agree that Deca shall have the right to use and fully exploit such Feedback and related information in any manner it considers appropriate.
• Do not send us confidential information or personal data in Feedback. Please note that the Feedback you provide to us will not be treated as confidential information - accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary.

• Our Games may make available access to information, products, services and other materials made available by third parties, including links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third Party Links & Ads"). By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Links & Ads.
• Where our Games contain links to Third Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. We do not review, approve, endorse, control or make any promises with respect to Third Party Links & Ads, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Links & Ads, or any intellectual property rights therein. Certain Third Party Links & Ads may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms of Use shall be deemed to be a representation or warranty by Deca with respect to any Third Party Links & Ads. We have no obligation to monitor Third Party Links & Ads, and we may block or disable access to any Third Party Links & Ads (in whole or part) through our Games at any time. In addition, the availability of any Third Party Links & Ads through our Games does not imply our endorsement of, or our affiliation with, any provider of such Third Party Links & Ads.
• You use all Third Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Links & Ads, the applicable third party's terms and policies (including terms of use and privacy policies) apply, and not these Terms of Use.

• What is Virtual Currency: Our Games may include fictional credits or currency, which we also sometimes refer to as "gold", "gems", "points" or "coins" or similar. These are collectively known as "Virtual Currency". Deca reserves the right to charge Fees for the right to access or use Virtual Currency, and/or may distribute Virtual Currency without charge, in its sole discretion.
• License to use Virtual Currency: Deca grants to you a license to use Virtual Currency as part of our Games in accordance with Section 5 of these Terms of Use. You agree that you have no other right, title or ownership in or to any Virtual Currency.
• No monetary value: Virtual Currency has no cash value and is not redeemable for any sum of money. You agree that neither Deca nor any other person has any obligation to exchange your Virtual Currency for anything of value, including without limitation, real money. You also agree that if your access to one or more of our Games is suspended or terminated, or if Deca discontinues any or all of its Games, the Virtual Currency and your Account will have no value.
• Non-refundable and non-exchangeable: All purchases of Virtual Currency are final and are not refundable, transferable or exchangeable. If you live in a member state of the European Union, EEA or UK you can find information on your right of withdrawal in Section 18.
• Paid Games: Some of our Games may be offered for a one-time purchase price (“Paid Games”). Paid Games are purchased and processed through the applicable platform provider (e.g., Apple App Store, Google Play, Steam, Epic). Deca does not process payments directly. All billing, cancellations, and refunds for Paid Games are governed by the platform provider’s terms and policies, subject to applicable law. Unless otherwise required by law, purchases of Paid Games are final and non-refundable. Nothing in these Terms of Use limits your statutory rights.
• Platform-Processed Payments and Refunds: Purchases of subscriptions, Virtual Currency, in-app items, and other paid features made through app stores (including without limitation Apple App Store, Google Play, Steam, Epic Game Store and Amazon Games) are processed by the applicable platform provider, not by Deca. Billing, cancellations, and refunds for such purchases are governed by the platform provider’s terms and policies. Where applicable law grants you statutory withdrawal or refund rights, you may be required to exercise those rights through the platform provider. Nothing in these Terms of Use limits your statutory rights.
• Management of Virtual Currency: We have the right to manage, modify and/or remove Virtual Currency from our Games in our sole discretion at any time, and shall have no liability to you or anyone else for the exercise of such rights. Deca reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency available to you and to determine the amount of Virtual Currency that is credited and debited in connection with your use of our Games. Deca's determination of the amount of Virtual Currency available to you is final.
• Promotional Codes: We may, at our discretion, distribute promotional codes or similar credentials (“Promotional Codes”) that allow free or discounted access to certain Games or features (including in-app purchases). Promotional Codes are personal, non-transferable, non-redeemable for cash, and may be used only once unless stated otherwise. They may be subject to expiry dates or territory/device restrictions. If a Promotional Code is non-functional, your sole remedy is replacement of that code; we are not responsible for loss, theft, or unauthorised use. Where a platform provider issues the Promotional Code, the platform’s terms apply and an account with that platform may be required.
• Unauthorized Transactions: The unauthorized transferring, trading, selling, or exchanging of any Virtual Currency ("Unauthorized Transactions") to anyone, including to other users of our Games is prohibited. You hereby agree to indemnify Deca against any and all consequences resulting from any Unauthorized Transactions. You agree that Deca may stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction for any reason in its sole discretion (including where it is in Deca's best interest to do so and where the Unauthorized Transaction is or may be fraudulent, illegal, or in violation of these Terms) or may debit your balance of Virtual Currency, including where this may cause your balance to be zero and/or a negative amount. Deca may also suspend, terminate or modify your right to use one or more of our Games if you engage or assist in, or if Deca reasonably suspects you may have engaged or assisted in, any Unauthorized Transaction.
• Transaction information:
• You may be asked to supply certain information to us or our third-party payment providers in connection with any transaction involving Virtual Currency including, without limitation, your name, credit card number, and your billing address.
• By initiating a transaction, you confirm that you have the legal right to use the payment means selected by you. By submitting such information, you grant us the right to use such information in accordance with our Privacy Policy, including, without limitation, by providing such information to third parties (including, without limitation, to Suraway Ltd., Appcharge Ltd.) for the purpose of facilitating the completion of transactions initiated by you or on your behalf. Our receipt of verification of information from them or their designee(s) is required prior to the acknowledgment or completion of any transaction.
• Deca is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions through our Games.

Deca’s responsibility to you depends on where you live:

• If you are a resident of the EU, EEA or UK:

  To the fullest extent permitted by law, the Games and related services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Deca is only liable for damages that we cause intentionally or through gross negligence. If we breach an important contractual obligation by slight negligence, our liability is limited to the type of damages that were foreseeable and typical at the time the contract was made, up to a maximum amount equal to the fees you paid to Deca for the relevant Game or services during one (1) month before the event giving rise to the liability. Important contractual obligations are those that are essential to the proper performance of this agreement and on which you can normally rely. Nothing in these Terms limits our liability for injury to life, body, or health, or for claims under the Product Liability Act. In all other cases, Deca is not liable.

• If you are a resident of the United States or any other country outside the EU/EEA/UK:

  To the fullest extent permitted by law, the Games and related services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You expressly agree that your use of the Games is at your sole risk. Deca and its affiliates, officers, directors, employees, shareholders, representatives, vicarious agents, and licensors will not be responsible for any indirect, incidental, special, consequential, exemplary, or punitive damages. This includes, for example, loss of profits, data, goodwill, revenues, or business opportunities, even if we were advised that such damages might occur. In any case, Deca’s total liability to you for any claim arising from or relating to the Games will not exceed the total amount you paid to Deca for the Game or in-app purchases in the one (1) month before the event giving rise to the claim. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

• Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, these exclusions and limitations apply only to the extent permitted by the law in your jurisdiction.
• Deca shall be liable for advice only if it concerns a problem with a certain Game of Deca.
• The above-mentioned exclusions or limitations of liability shall also apply in view of the liability of Deca’s employees, employers, colleagues, representatives and vicarious agents, especially to the benefit of the shareholders, colleagues, representatives, bodies and their members, which affects their personal liability.

You agree to compensate us for any claims, losses, liabilities, damages, costs and expenses (including legal costs and expenses) reasonably incurred by us that arise out of your use of our Games in a culpable breach of these Terms of Use, statutory law, third-party rights, or any respective additional regulations and game rules. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of a Game and you agree to assist and cooperate with us in relation to any such claim.

If you are a resident of the EU, EEA or UK, we warrant that our Games are developed with the usual standard of care, but they are NOT free of defects (bugs etc.) which may in some cases prelude or affect the suitability for the contractual use of the Game.According to the current state of art, it is not possible to create software and hardware in such a way that it works flawlessly in all application combinations, works with previously unknown third-party software and hardware and/or is protected against all kinds of manipulations by third parties. It is recommended to always install the latest version of the game. The statutory warranty law is applicable and you shall have all statutory warranty rights.

• Deca may, at its reasonable discretion, temporarily or permanently modify, suspend, or restrict access to any Game, in whole or in part, where this is necessary for technical maintenance, system security, performance optimisation, compliance with law or administrative orders, adaptation to new technical conditions, or other legitimate operational or commercial reasons. Such modifications may include updates, patches, or changes to features or in-game parameters and may temporarily affect your access, saved progress, or performance data. These modifications are provided free of charge.

  For users in the EU, EEA, or UK: where a modification materially affects the accessibility or usability of a Game, Deca will provide prior notice in a clear and reasonable manner and ensure that all statutory consumer rights, including any rights to withdraw or terminate where required by law, remain unaffected.

  Nothing in this section constitutes a guarantee of uninterrupted availability or continuous feature sets, and Deca is not liable for temporary interruptions or changes made in accordance with this section.

• You acknowledge that unplanned system outages may occur:
  • Our Games are provided over the Internet and so the quality and availability of the Games may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using our Games or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned.
  • In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use our Games, and for paying any data charges that may be charged to you by your network provider in connection with your use of our Games.

• The Agreement between you and us is concluded for an unspecified time unless otherwise agreed in writing.
• You may terminate this agreement between you and us and demand us to delete your Account at any time for any or no reason. Upon any termination, you may no longer exercise any of the rights granted to you by these Terms.
• Deca has the right to terminate the Agreement without cause by giving an advance notice of seven days unless otherwise agreed in text form.
• Deca reserves itself the right to exercise its virtual domiciliary right at any time.
• The right of the Parties to terminate the Agreement at any time for a significant reason effective immediately remains unaffected. In particular, Deca can terminate this Agreement for any significant reason, if
• you commit a Cheating Breach as defined in this Section 6.2
• you violate your obligations under Section 6.1
• you violate culpably the laws, regulations and/or these Terms of Use and you continue to act in the same or similar manner ; and/or
• you are in arrears with the payment of fees by at least USD 10.00 and you do not pay despite two dunning letters.
• If you are - due to your acts or omissions - responsible for the extraordinary termination of Deca, then you are not permitted to create a new account if your Account was blocked unless you have the express prior written permission of Deca.
• Deca has the right to a special termination right, provided Deca loses authorization to operate a respective Game, e.g. because of the termination of the respective licensing agreement between Deca and the respective licensor. Other rights to terminate shall remain unaffected thereby.
• Every termination must be in written form, which includes electronic communications such as email, in-game text, as well as submission on any other durable medium.
• Where applicable and as defined in the specific Game rules or in-game notices, Deca may terminate or delete Accounts that have been inactive for an extended period of time. An Account is considered inactive if there has been no login or other meaningful activity for the period specified for the relevant Game. Prior to deleting an inactive Account, Deca will, where required by applicable law and where reasonably practicable, provide advance notice to the User using the contact details associated with the Account or through in-game notifications, giving the User a reasonable opportunity to reactivate the Account. Upon deletion of an inactive Account, the User will lose access to the Account, including any associated Game progress, Virtual Currency, and in-game items, subject to any mandatory statutory rights that may apply. Nothing in this section limits Deca’s right to suspend or terminate Accounts for cause in accordance with these Terms, nor does it affect statutory retention or erasure obligations under applicable data protection laws.

• If you wish to contact us in writing, or if any provision of these Terms requires you to give us notice in writing, you can send this to us by email to support@decagames.com.
• If we have to contact you or give you notice in writing, we will normally do so by email to an email address you have provided, or through the Game played by you.

• Cancellation policy

  RIGHT OF WITHDRAWAL:

  If you are a resident of the European Union or the European Economic Area, you have the right to withdraw this Agreement within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day that the Agreement was concluded.

  In order to exercise your right of withdrawal, you must inform us, via the support center at https://support.decagames.com or by email to info@decagames.com, of your decision to withdraw from this Agreement by an unequivocal statement (a letter sent by post or email) of your decision to cancel this Agreement. You may use the attached sample withdrawal form, although this is not required.

  To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal right before the withdrawal period has expired.

• Effects of withdrawal

  If you withdraw from this Agreement and where Section 18.3 does not apply, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this Agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

• Special Notes:

  The right of withdrawal shall expire prematurely in the case of agreements for the supply of digital content which is not on a tangible medium if the performance has begun and, if the contract places the consumer under an obligation to pay, where:

  • the consumer has provided prior express consent to begin the performance during the right of withdrawal period;
  • the consumer has provided acknowledgement that he thereby loses his right of withdrawal; and
  • the trader has provided confirmation in accordance with Article 7 (2) or Article 8 (7) of the Consumer Rights Directive (2011/83/EU).

  Example: If you purchase Virtual Currency or digital items and ask for them to be delivered immediately, we will ask you to confirm that delivery starts right away and that you lose your withdrawal right once the virtual currency or items are added to your account. In this situation, you cannot later cancel that purchase under the withdrawal rules, because the digital content has already been fully delivered. In addition, where Virtual Currency or digital items are delivered immediately and are then used, spent, transferred, or otherwise consumed in the Game, the digital content has been fully provided and the right of withdrawal no longer applies.

• Withdrawal Form

  (If you wish to withdraw from the Agreement, please complete this form and return it to us.)

  To: Deca Live Operations GmbH, Unter den Linden 21, 10117 Berlin, Germany

  Mail: info@decagames.com
  I/we (*) hereby withdraw from the contract I/we (*) entered into for the purchase of the following goods (*)/the provision of the following service (*) Ordered on(*)/received on(*)
  Name of consumer(s)
  Address of consumer(s)
  Signature of consumer(s) (only for forms on paper)
  Date______
  (*) Delete as applicable

• If one Party delays, waives or fails to enforce its rights within the framework of these Terms of Use or the Party grants deadlines to the other Party, then the Party does not hinder the applicability of the respective right.
• You are not entitled to assign to third parties your rights under this Agreement without our prior written consent, except that, if you are a resident of the European Union or the European Economic Area, and have a legitimate interest in doing so, monetary claims against us may be assigned. Deca is entitled to transfer to a third party any rights and duties under this contractual relationship. You can terminate the use of the respective Game effective immediately upon such transfer. Any reimbursement of unused Virtual Currency or other paid-for digital content at the time in the User's account shall only occur to the extent required by applicable law.
• The laws of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and the provisions of private international law. However, this choice of law only applies to consumers in the EU insofar as the protection granted by mandatory protection provisions of the law of the state in which the EU consumer has his habitual residence is not withdrawn if they grant the user further protection.
• In the event of disputes or claims in connection with these Terms of Service you may pursue available out-of-court dispute resolution bodies in your jurisdiction where applicable.
• We are neither willing nor obliged to participate in such a dispute resolution procedure.
• In the event you take legal action, a suit must be filed before a German or Bulgarian court or – for EU-consumers – before a competent court in the EU country in which you live.
• In accordance with Section 36 of the German Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz – VSBG), Deca Live Operations GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
• If you are a resident of the United States you agree to bring any claim or dispute against Deca only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Class actions, class arbitrations, private attorney general actions, and consolidation with other proceedings are not permitted. To the extent permitted by law, you and Deca each waive any right to a jury trial in any court proceeding arising out of or related to these Terms or the Games. All such disputes shall be resolved by a judge.
• You may not use, export, re-export, transfer, or make available the Games except as authorised by applicable law. You represent that you are not (a) located in, ordinarily resident in, or a national of a country or region that is subject to comprehensive sanctions or embargoes, or (b) a person listed on, or owned or controlled by a person listed on, any applicable sanctions or restricted-party list (including, where relevant, the U.S. Specially Designated Nationals and Blocked Persons List, BIS Entity List, or the EU/UK consolidated sanctions lists). You agree to comply with all applicable export, re-export, and sanctions laws and regulations in connection with your use of the Games.
• If individual provisions of these Terms of Use are or become ineffective, it does not affect the effectiveness of the remaining provisions.
• Any changes or amendments to the use agreement and any side-agreements shall, for reasons of legal certainty, be specified in text form. The same shall apply to the change of the text form requirement. The text form requirements do not apply to any changes to these Terms of Use.