Terms of Service

Effective Date: 30 January 2026

The terms of this agreement (“Terms of Service”) govern the relationship between you and Gilinberg, Pfalzgraf, Rifert & Würzler GbR, a partnership under German civil law having its registered office at Seestraße 64, 78354 Sipplingen, Germany (hereinafter “the Company,” “Us,” or “We”), regarding your use of the Company’s games (including “Starship Battlegrounds”), store, websites, and related services (the “Service”).

Use of the Service is also governed by the Company’s Privacy Policy, which is incorporated herein by reference. The Privacy Policy provides detailed information on how we process your personal data, including the use of personalized advertising (such as Unity Ads), your consent options, and your rights under the GDPR (for EU/EEA users) and other applicable data protection laws.

Before accessing or using the Service, including browsing any Company website or accessing a game, you must read and agree to these Terms of Service and take note of the Privacy Policy. A guest account may be created for you for the use of the Service, and you may also be able to register an account on the Service (collectively, the “Account”).

By using or registering for an Account or otherwise using the Service, you affirm that you have reached the age of majority in your country of residence. If you have not, these Terms of Service must be reviewed and agreed to by your parent or legal guardian on your behalf, and your use of the Service is only permitted with their consent. The statutory provisions on the limited legal capacity of minors (in Germany, §§ 106 et seq. BGB) remain unaffected.

BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Important notice for users outside the EU/EEA: If your habitual residence is outside the European Union (EU) or the European Economic Area (EEA), you agree that disputes with the Company must be resolved on an individual basis through final and binding arbitration as described in Section 8.1 (“Dispute Resolution”), unless you opt out as described in Section 8.1.7.

Changes to these Terms of Service

The Company may amend these Terms of Service, the Privacy Policy, and other Company policies with effect for the future where this is necessary for a valid reason, in particular: (a) to reflect changes in applicable law or regulatory requirements; (b) to reflect changes to the Service, including new or discontinued features, games, or security measures; (c) to correct errors or ambiguities; or (d) for other important operational, technical, or legal reasons, provided that the amendment is reasonable for you, taking your interests into account, and does not alter the essential contractual balance between the parties.

We will notify you of amendments in an appropriate manner and in advance (for example, by an in-game notice, a notice on our website, or by email, where available) and indicate the date on which they take effect. If you do not agree to an amendment, you may terminate your Account and stop using the Service at any time before the amendment takes effect; where required by applicable law, we will additionally offer you an express opportunity to object. Amendments do not apply retroactively to purchases already completed. Your continued use of the Service after the effective date of an amendment of which you were notified constitutes acceptance of the amended terms only to the extent permitted by applicable law; mandatory consumer protection provisions, in particular under German law regarding the amendment of standard terms, remain unaffected.

1. Using the Service

1.1. Your Right to Use the Service

Subject to your agreement to and continuing compliance with these Terms of Service and any other relevant Company policies, the Company grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

  • Minors and devices: If you allow a minor to use the Service on your device or through your Account, you are responsible for supervising that use. We strongly recommend enabling purchase authentication and parental-control features offered by your device and app store. The statutory rules on contracts concluded by minors (in Germany, §§ 106 et seq. BGB) remain unaffected; nothing in these Terms of Service imposes liability on you beyond what is permitted by applicable law.

  • You shall not (or attempt to) purchase, sell, rent, or give away your Account, create an Account using a false identity or false information, or create or use an Account on behalf of anyone other than yourself.

  • You shall not use the Service if you have previously been removed by the Company or banned from playing any Company game.

  • You shall not use the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk or spam messages, or repetitive or misleading messages to anyone.

1.1.1. Login Information and Your Account

You may be required to select a password for your Account, or you may use other credentials to access the Account (“Login Information”). You shall not share the Account or the Login Information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of the Login Information, you must notify the Company without undue delay and change your Login Information.

You are responsible for maintaining the confidentiality of your Login Information and for activities carried out through your Account to the extent that such activities are attributable to you — in particular where you have intentionally or negligently enabled unauthorized use (for example, by sharing your Login Information or failing to secure your device). You are not liable for unauthorized use of your Account that is not attributable to any breach of your duties under this Section.

The Company reserves the right to remove or reclaim any username where there is a legitimate reason, including credible claims by a third party that a username violates that third party’s rights, or violations of these Terms of Service. Unless you are using the Company’s account system, the Service supports only one Account per game on a supported device.

1.1.2. Use Limitations

Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the revocation of your limited right to use the Service, and may subject you to liability under applicable law. You agree that you will not, under any circumstances:

  • Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service, any Company game, or any Company game experience.

  • Modify or cause to be modified any files that are a part of the Service or any Company game without the Company’s express written consent.

  • Disrupt, interfere with, or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service or playing the Company’s games. This includes win trading and any other manipulation of rankings, taking advantage of errors in the Service to gain an unfair advantage over other players, and any other act that intentionally abuses or goes against the design of the Service.

  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Company game environment.

  • Institute, assist, or become involved in any type of attack, including without limitation the distribution of a virus, denial-of-service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.

  • Attempt to gain unauthorized access to the Service, Accounts registered or used by others, or the computers, servers, or networks connected to the Service by any means other than the user interface provided by the Company, including by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify any security, technology, device, or software that is part of the Service.

  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.

  • Post any information that contains nudity, excessive violence, or offensive subject matter, or that contains a link to such content.

  • Harass, abuse, or harm, or attempt, advocate, or incite the harassment, abuse, or harming of another person or group, including Company employees and customer service representatives.

  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or that impersonates any other person, including without limitation a Company employee.

  • Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code of any underlying software or other intellectual property used to provide the Service or any Company game, or obtain any information from the Service or any Company game using any method not expressly permitted by the Company — except to the extent such actions are expressly permitted by mandatory applicable law (for example, §§ 69d, 69e of the German Copyright Act (UrhG) regarding interoperability), and then only within the limits of such law.

  • Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Company game.

  • Collect or post anyone’s private information, including personally identifiable information (whether in text, image, or video form), identification documents, or financial information, through the Service.

  • Use any Company game for gambling, betting, or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not a fee or stake is involved.

  • Use the Service in any way that would violate export controls, anti-money-laundering rules, economic sanctions, or similar laws or regulations, including those imposed by the European Union, Germany, the United Nations, or the United States.

  • Make improper use of the Company’s support services, including by submitting false reports or abusive requests.

The Company reserves the right to determine, acting reasonably and taking into account the circumstances of the individual case, what conduct violates these Use Limitations or is otherwise outside the intent or spirit of these Terms of Service or the Service itself, and to take proportionate action in response, which may include a warning, temporary suspension, or — in cases of serious or repeated violations — termination of your Account and prohibition from using the Service in whole or in part. Section 1.2 and, where applicable, the safeguards of the EU Digital Services Act (see Section 3.1.1) apply.

1.2. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES AND SUBJECT TO THE SAFEGUARDS SET OUT BELOW, THE COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF (i) IF YOU FAIL, OR THE COMPANY HAS OBJECTIVELY JUSTIFIED REASON TO BELIEVE THAT YOU FAIL, TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR REASONABLY SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE.

Measures will be proportionate to the violation in question. Except in serious cases (for example, cheating, fraud, illegal content, attacks on the Service, or where required by law), we will warn you and give you an opportunity to remedy the violation before terminating your Account. Where we remove content or restrict, suspend, or terminate your Account, you will — where required under the EU Digital Services Act — receive a statement of reasons and may contest the decision by contacting support@ampere-lab.com.

As a result of a justified termination or limitation of your Account, you may lose your username and persona in the Service, as well as benefits, privileges, and earned virtual items associated with your use of the Service. This does not affect any mandatory statutory rights you may have under applicable consumer protection law. In particular, for consumers in the EU/EEA, a termination by us that is not based on your breach of these Terms of Service does not exclude claims for reimbursement of the value of Purchased Virtual Items that you have paid for but not yet been able to use; any clause to the contrary shall not apply to the extent it would constitute an unreasonable disadvantage within the meaning of § 307 BGB (German Civil Code).

Inactive Accounts: The Company reserves the right to terminate any Account that has been continuously inactive for at least 180 days. Before doing so, we will make reasonable efforts to notify you in advance (for example, by email where an email address is linked to the Account, or by in-game notice) and give you the opportunity to keep the Account active. Section 1.2 (third paragraph) applies to Purchased Virtual Items.

Discontinuation of the Service: The Company reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service with reasonable advance notice, at which point your right to use the Service or the relevant part thereof will terminate. In such an event, the Company is not required to provide refunds, benefits, or other compensation in connection with the discontinued Service except as required by applicable law, including your statutory rights as a consumer (for example, regarding recently purchased Virtual Items that can no longer be used as a result of the discontinuation).

You may terminate your Account at any time and for any reason by following the process described on our support page at https://starshipbattlegrounds.com/kontakt/ or by informing the Company at support@ampere-lab.com that you wish to terminate your Account. Statutory termination rights, including termination for cause, remain unaffected for both parties.

1.3. Privacy and Advertising

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share your personal data. As our Service may be funded by advertising, we use services such as Unity Ads, which may show personalized ads based on your data — but only if and to the extent you have given your consent where required by applicable law (such as the GDPR and § 25 TDDDG in Germany). We will ask for any required consent via an in-game consent banner (Consent Management Platform) when you first launch the Service. You can manage or withdraw your consent at any time in the game’s privacy settings. If you do not consent, you may be shown non-personalized (contextual) ads instead. Full details are set out in our Privacy Policy.

2. Ownership

2.1. Games and Service

All rights, title, and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, documentation, in-game chat transcripts, character profile information, recordings of games played using a Company game client, and the Company’s game clients and server software) are owned by or licensed to the Company. The Company reserves all rights, including all intellectual property rights and other proprietary rights, in connection with its games and the Service.

2.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE COMPANY. Your contractual rights of use under these Terms of Service and your statutory rights, including under data protection law, remain unaffected.

2.3. Virtual Content

The Company owns, has licensed, or otherwise has the right to use all of the content that appears in the Service or in the Company’s games. You agree that you acquire no ownership right or title in or to any content that appears in the Service, including without limitation the virtual items, content, features, goods, services, or currency appearing or originating in any Company game, whether earned in a game or purchased from the Company, or any other attributes associated with an Account or stored on the Service. You receive only the limited, revocable right of use described in Section 4.1. Virtual Items have no monetary value, cannot be exchanged for real money or items of value outside the Service, and are non-transferable.

3. User Content

3.1. Submission of User Content

“User Content” means any communications, images, sounds, and all material, data, and information that you upload or transmit through a Company game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent, and warrant that such transmission or submission is: (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions, or third-party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms, or other malicious code. Personal data contained in User Content will be processed in accordance with our Privacy Policy.

3.1.1. Content Moderation and Digital Services Act (DSA)

The Company assumes no responsibility for the conduct of any user submitting User Content. As a provider of an in-game chat and communication service, the Company operates as a provider of a “hosting service” within the meaning of the EU Digital Services Act (DSA). Accordingly:

  • Notice and action (Art. 16 DSA): We provide an easy-to-use mechanism (e.g., an in-game “Report” function and the email address support@ampere-lab.com) to notify us of content you believe to be illegal (such as hate speech, severe harassment, or terrorist content). We will process such notices diligently and in a timely, non-arbitrary manner and take appropriate action.

  • Statement of reasons (Art. 17 DSA): If we remove or restrict content, or suspend or terminate an Account on the basis of a report or our own moderation, we will provide the affected user with a clear and specific statement of reasons, except where we are prevented from doing so by law.

  • No general monitoring: Nothing in these Terms of Service imposes on us a general obligation to monitor all User Content. However, we reserve the right to use proportionate manual and automated moderation measures as described below.

The Company may, by automated and/or manual means, review, monitor, filter, block, refuse to transmit, edit, delete, disable access to, or otherwise make unavailable any User Content (including your User Content) where there is reason to believe it is illegal or violates these Terms of Service, or where we are legally required to do so. In-game communications (such as chat text) are not private communications; you should have no expectation of confidentiality with respect to content you transmit to other users through the Service. Any processing of personal data in this context is carried out in accordance with our Privacy Policy and applicable data protection law; where consent is legally required for a specific form of monitoring or recording, we will obtain it separately, and any consent given may be withdrawn with effect for the future.

3.2. Information Use by Other Members of the Service

3.2.1. Public Discourse

The Service may include various forums, blogs, and chat features in which you can post User Content, including your observations and comments on designated topics. The Company cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Service. The Company shall have no responsibility to evaluate, use, or compensate you for any ideas or information you may choose to submit.

3.2.2. Responsibility for Your Own Content

You are solely responsible for the information that you post on, through, or in connection with the Service and that you provide to others. The Company may reject, refuse to post, or delete any User Content that violates these Terms of Service or applicable law; Section 3.1.1 applies.

3.2.3. Your License to the Company

You retain any ownership rights you hold in your User Content. You grant the Company a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to host, store, copy, reproduce, adapt, modify, create derivative works from, publish, distribute, publicly display, publicly perform, transmit, and otherwise use your User Content for the purposes of operating, providing, improving, promoting, and marketing the Service. This license lasts for the duration of the intellectual property rights in the relevant User Content, but you may end the license for the future with respect to specific User Content by deleting it from the Service or terminating your Account, except that (a) content you have made publicly available may have been shared or re-used by others in ways we do not control, and (b) we may retain copies as necessary to comply with legal obligations, resolve disputes, and enforce our agreements, and in routine backups for a limited period.

To the extent permitted by applicable law, and only insofar as necessary for the uses licensed above, you agree not to assert your moral right to be named as author of your User Content (right of attribution); your moral rights are otherwise unaffected, and nothing in this Section requires you to waive rights that cannot be waived under applicable law (including German copyright law). The Company does not claim ownership of your User Content, and nothing in these Terms of Service restricts your own right to use and exploit your User Content. The Company has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.3. User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or the Company’s games. The Company reserves the right, but has no obligation, to become involved in any way with such disputes. You will reasonably cooperate with the Company in the investigation of suspected unlawful, fraudulent, or improper activity. If you have a dispute with one or more users, you agree, to the extent permitted by applicable law, not to hold the Company (and its partners, agents, and employees) responsible for claims and damages arising out of or connected with such disputes; this release does not apply to the extent the Company is itself responsible for the damage under Section 7, and it does not affect mandatory statutory rights.

4. Fees and Purchase Terms

4.1. Purchases

In the Service, you may purchase, with real-world money, a limited, personal, non-transferable, non-sublicensable, revocable right to use: (a) virtual currency, including but not limited to virtual cash or diamonds, for use in the Company’s games; (b) virtual in-game items, content, or features; and (c) other goods or services (items (a) through (c) jointly, the “Virtual Items”). You may only obtain Virtual Items from us or our authorized partners through the Service, and not in any other way. The provision of Virtual Items is a service provided by the Company that commences immediately upon the Company’s acceptance of your purchase, subject to Section 4.3 for EU/EEA consumers.

4.2. Payment of Fees; Platform Purchases

You agree to pay all fees and applicable taxes incurred by you or by anyone using an Account registered to you, to the extent such use is attributable to you under Section 1.1.1 and applicable law. Purchases within our mobile games are processed by the platform through which you obtained the game (Apple App Store or Google Play Store) and are additionally subject to that platform’s terms of service and payment policies, including its refund procedures. Prices displayed at the time of purchase apply; the Company may change prices for future purchases at any time. Price changes do not affect purchases already completed.

EXCEPT AS PROVIDED IN THESE TERMS OF SERVICE OR AS REQUIRED UNDER APPLICABLE LAW (INCLUDING THE STATUTORY RIGHT OF WITHDRAWAL AND THE STATUTORY WARRANTY RIGHTS FOR DIGITAL PRODUCTS FOR EU/EEA CONSUMERS), ALL PURCHASES ARE FINAL, AND YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY (SUBJECT TO THE QUALIFICATIONS IN SECTIONS 1.2 AND 4.4).

4.3. Right of Withdrawal for EU/EEA Consumers

If you are a consumer residing in the European Union or the European Economic Area, you have a statutory right of withdrawal from contracts for the supply of digital content (such as Virtual Items).

Instructions on Withdrawal — Right of Withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days after the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Gilinberg, Pfalzgraf, Rifert & Würzler GbR, Seestraße 64, 78354 Sipplingen, Germany, Email: support@ampere-lab.com) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or an email). You may use the model withdrawal form provided below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. 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.

Expiry of the Right of Withdrawal (§ 356 Abs. 5 BGB): Your right of withdrawal expires early if (i) you have expressly consented to us beginning performance of the contract (i.e., delivering the Virtual Item) before the end of the withdrawal period; (ii) you have confirmed your knowledge that you lose your right of withdrawal upon the beginning of the performance of the contract; and (iii) we have provided you with a confirmation of the contract, including your consent and acknowledgment, on a durable medium. Where you make a purchase through an app store, the store’s checkout process may collect this consent and acknowledgment on our behalf.

Model Withdrawal Form: (Complete and return this form only if you wish to withdraw from the contract.) — To Gilinberg, Pfalzgraf, Rifert & Würzler GbR, Seestraße 64, 78354 Sipplingen, Germany, support@ampere-lab.com: I/We hereby give notice that I/we withdraw from my/our contract for the supply of the following digital content: [description]; Ordered on: [date]; Name of consumer(s); Address of consumer(s); Signature of consumer(s) (only if this form is notified on paper); Date.

4.4. Statutory Warranty for Digital Products (EU/EEA Consumers)

If you are a consumer in the EU/EEA, your statutory rights in the event of defects in digital products (§§ 327 et seq. BGB and corresponding provisions of the law of your country of residence), including the right to remedies, price reduction, and termination in the event of a defect, remain unaffected by these Terms of Service. Nothing in these Terms of Service limits those statutory rights.

5. Updates to the Service

You understand that the Service is an evolving one. The Company may require that you accept updates to the Service and to the Company’s games you have installed on your device. You acknowledge and agree that the Company may update the Service and its games, with or without notifying you, provided that updates do not materially degrade the Service to your disadvantage other than in accordance with the change and discontinuation provisions of these Terms of Service. For consumers in the EU/EEA, we will additionally provide those updates (including security updates) that are necessary to keep the digital product in conformity with the contract during the relevant period, in accordance with § 327f BGB; you will be informed about available updates and the consequences of not installing them. You may need to update third-party software from time to time in order to receive the Service and play the Company’s games.

6. Disclaimer of Warranties

WITHOUT LIMITING THE COMPANY’S LIABILITY UNDER SECTION 7 BELOW, AND WITHOUT PREJUDICE TO THE MANDATORY STATUTORY RIGHTS OF CONSUMERS (INCLUDING THE STATUTORY WARRANTY RIGHTS FOR DIGITAL PRODUCTS DESCRIBED IN SECTION 4.4), THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of certain warranties; accordingly, some of the above disclaimers may not apply to you.

7. Limitation of Liability; Indemnification

7.1. General Limitation (Users Outside the EU/EEA)

If you are a user whose habitual residence is outside the EU/EEA, the following applies: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF. TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY’S AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO THE COMPANY DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND THE COMPANY’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY.

7.2. Liability Towards Consumers in the EU/EEA

If you are a consumer residing in the EU/EEA, the following provisions apply in place of Section 7.1:

  • (a) The Company is liable without limitation for damage caused intentionally (Vorsatz) or by gross negligence (grobe Fahrlässigkeit), as well as for damage resulting from injury to life, body, or health.

  • (b) In cases of slight negligence (leichte Fahrlässigkeit), the Company is liable only for the breach of essential contractual obligations (Kardinalpflichten), i.e., obligations whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the user regularly relies and may rely. In such cases, liability is limited to the damage typically foreseeable at the time the contract was concluded.

  • (c) Liability under the German Product Liability Act (Produkthaftungsgesetz) and under any guarantee expressly assumed by the Company remains unaffected.

  • (d) In all other respects, the Company’s liability is excluded.

The above limitations also apply in favor of the Company’s partners (Gesellschafter), employees, and agents.

7.3. Indemnification

You agree to indemnify and hold the Company (and its partners, employees, and agents) harmless from any third-party claims, including reasonable costs of legal defense, arising out of your culpable (intentional or negligent) violation of these Terms of Service or of applicable law in connection with your use of the Service, in particular out of User Content you have unlawfully submitted. This obligation does not apply to the extent that the violation of rights is not attributable to your intentional or negligent behavior. The Company will inform you without undue delay of any such claims and give you the opportunity to comment; you may not settle any claim in a manner that imposes obligations on the Company without the Company’s consent.

8. Dispute Resolution

You and the Company agree that the processes for dispute resolution described in this Section 8 will apply to disputes or claims related to these Terms of Service, the Privacy Policy, or the Service, including claims arising before we entered into this agreement, and even after you stop using your Account, delete your Account, or stop using the Service, in each case to the extent permitted by the law applicable to you.

8.1. Dispute Resolution for Residents Outside the EU/EEA (Arbitration Agreement)

If your habitual residence is outside the European Union (EU) or the European Economic Area (EEA), this Section 8.1 applies to you.

8.1.1. Informal Dispute Resolution

If you have an issue that our customer support cannot resolve, you and the Company agree to try to resolve any dispute informally and directly with each other for at least thirty (30) days before starting an arbitration. The informal dispute resolution process starts when you give the Company written notice of the dispute at support@ampere-lab.com (“Dispute Notice”). In your Dispute Notice, please include your name, any relevant Company game account name(s), your mailing address, how best to contact you, a description of the problem, and how you would like the Company to resolve it. If the Company has a dispute with you, the Company will send its Dispute Notice to an email address associated with your Account. All applicable statutes of limitations will be tolled beginning on the day a Dispute Notice is received. Except in the case of Mass Arbitration Cases (Section 8.1.6), this tolling ends on the date an arbitration is filed or thirty (30) days after submission of the Dispute Notice, whichever is earlier. If the dispute cannot be resolved through this informal process, you or the Company may initiate arbitration as described below.

8.1.2. Arbitration

You and the Company agree to resolve any disputes exclusively through final and binding individual arbitration, except as set out in Section 8.1.4. These arbitration proceedings shall be conducted on an individual basis only, meaning the dispute is solely between you and the Company. If you or the Company brings a claim in court that can be resolved by arbitration under this Section, either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator has exclusive authority to decide whether any portion of this Section 8 is valid or enforceable or whether it applies to a claim. The arbitration will be held before a single neutral arbitrator. This means you and the Company give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than formal court proceedings; for example, the ability to compel the other side to disclose information may be more limited than court discovery. The arbitrator’s decision is final; either party may ask the arbitrator to set out the decision or award and the reasons for it in writing, and either party may ask a court to confirm or enter the arbitrator’s final decision or award.

8.1.3. Arbitration Process

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. If there is a conflict between these Terms of Service and the AAA’s rules and procedures, these Terms of Service govern to the extent permitted by those rules. To review the AAA’s rules or to start an arbitration, visit www.adr.org. The party initiating arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA’s rules. The fees for arbitration will be determined under the AAA’s Consumer Arbitration Rules; if the arbitrator determines that the fees charged to you are excessive, the Company will pay them. Each side pays its own attorneys’ fees and costs unless the underlying claims permit the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the AAA’s rules or applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award in court, that party will bear its own costs and attorneys’ fees associated with the challenge. The arbitration will take place virtually (by videoconference or on written submissions), or, if an in-person hearing is required, at a location reasonably convenient to you as determined under the AAA’s rules.

8.1.4. Exceptions to the Agreement to Arbitrate

The informal dispute resolution process in Section 8.1.1 and the arbitration agreement in Section 8.1.2 do not apply to the following disputes:

  • Claims concerning the Company’s intellectual property, such as claims to enforce or protect, or concerning the validity of, the Company’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.

  • Claims related to piracy or tortious interference.

  • Claims that, as a matter of applicable law, cannot be made subject to an arbitration agreement.

  • Claims in small claims court.

Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 10.

8.1.5. No Class Actions

You and the Company agree that claims can be brought against each other only on an individual basis. This means: you cannot bring a claim against the Company as a plaintiff or class member in a class, collective, or representative action; the arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, or representative arbitration proceeding; and the arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes. If this Section 8.1.5 is found unenforceable with respect to a particular claim, then Section 8.1 as a whole shall not apply to that claim.

8.1.6. Mass Arbitration

If 25 or more similar arbitrable disputes are filed by or with the assistance of the same law firm, group of law firms, or organizations, or with representation that is consistent or coordinated across the cases, these will be considered “Mass Arbitration Cases” and will be processed in accordance with the AAA’s Mass Arbitration Supplementary Rules applicable to consumer mass arbitrations.

8.1.7. Opt-Out of the Arbitration Agreement and Class Action Waiver

You can choose to opt out of, and not be bound by, the arbitration agreement and class action waiver above (Sections 8.1.1 through 8.1.6) by sending written notice of your decision to support@ampere-lab.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send this notice within thirty (30) days of your first use of the Service or the availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with this Section 8.1. If you opt out of these arbitration provisions, the Company will likewise not be bound by them.

8.2. Dispute Resolution for Residents Within the EU/EEA

If your habitual residence is within the European Union (EU) or the European Economic Area (EEA), this Section 8.2 applies to you: Sections 8.1.1 through 8.1.7 do not apply, and nothing in these Terms of Service restricts your right to bring claims before the competent state courts (see Sections 9 and 10).

8.2.1. Alternative Dispute Resolution (Germany / VSBG)

In accordance with § 36 VSBG (German Act on Alternative Dispute Resolution in Consumer Matters), we inform you that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle). Our contact address for complaints and disputes is support@ampere-lab.com.

9. Applicable Law

These Terms of Service, the Privacy Policy, and the Service are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding German conflict-of-law provisions. If you are a consumer and have your habitual residence outside of Germany, this choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of your country of habitual residence (Art. 6(2) Rome I Regulation).

10. Venue for Disputes Not Subject to Arbitration

If your habitual residence is outside the EU/EEA, you agree that any claim or dispute you may have against the Company that is not subject to arbitration under Section 8.1 must be resolved exclusively by the courts having jurisdiction for the Company’s registered office in Sipplingen, Germany, and you consent to venue and personal jurisdiction there for all such claims or disputes, to the extent such an agreement is permissible under the law applicable to you. If you are a consumer residing in the EU/EEA, statutory jurisdiction rules apply; you may bring claims before the courts of your place of residence or the courts at our registered office, and claims against you may be brought only before the courts of your place of residence.

11. Severability

If any provision of these Terms of Service or of the Company’s Privacy Policy is found to be illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, that provision shall, as to that jurisdiction, be ineffective solely to the extent of such determination, without affecting its validity or enforceability in any other manner or jurisdiction and without affecting the remaining provisions, which shall continue in full force and effect. In place of an invalid provision, the statutory rules shall apply.

12. General Provisions

12.1. Assignment

The Company may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity, provided that this does not adversely affect your contractual rights; where the assignment concerns the entire contractual relationship with a consumer, you will be notified and may terminate your Account free of charge. You may not assign or delegate any rights or obligations under these Terms of Service or the Privacy Policy without the Company’s prior written consent, and any unauthorized assignment or delegation by you is ineffective.

12.2. Supplemental Policies

The Company may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

12.3. Entire Agreement

These Terms of Service, any supplemental policies, and any documents expressly incorporated by reference herein (including the Privacy Policy) contain the entire understanding between you and the Company regarding the Service and supersede all prior understandings of the parties relating to its subject matter, whether electronic, oral, or written, or whether established by custom, practice, policy, or precedent. Individually negotiated agreements take precedence over these Terms of Service.

12.4. No Waiver

The failure of the Company to require or enforce strict performance of any provision of these Terms of Service or the Privacy Policy, or to exercise any right under them, shall not be construed as a waiver of the Company’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by the Company of any provision, condition, or requirement shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

12.5. Notices

We may notify you via postings in our games, on our website, by email, or by other means of communication using contact information you have provided to us. All notices given by you or required from you under these Terms of Service or the Privacy Policy shall be in writing (email is sufficient) and addressed to: Gilinberg, Pfalzgraf, Rifert & Würzler GbR, Attn: Legal, Seestraße 64, 78354 Sipplingen, Germany; Email: support@ampere-lab.com.

12.6. Equitable Remedies

You acknowledge that a breach of these Terms of Service may cause the Company harm that cannot be fully compensated by monetary damages alone, so that the Company shall be entitled to seek injunctive or other equitable relief in addition to any other remedies available at law, without the obligation of posting any bond or surety where permitted by applicable law. Your own statutory rights and remedies, including any right to seek injunctive relief where provided by mandatory applicable law, remain unaffected; for consumers in the EU/EEA, nothing in these Terms of Service excludes or limits such rights.

12.7. Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, failures of public infrastructure (including the internet and power supply), or shortages of transportation facilities, fuel, energy, labor, or materials.

12.8. Apple- and Google-Specific Terms

If you download our games from the Apple App Store, the following applies: these Terms of Service are concluded between you and the Company only, not with Apple Inc. (“Apple”), and Apple is not responsible for the games or their content. The license granted to you is limited to a non-transferable license to use the game on Apple-branded products that you own or control, as permitted by the App Store Terms of Service. Apple has no obligation to furnish any maintenance and support services with respect to the games. To the extent statutory warranty obligations exist that are not disclaimed, you may notify Apple, and Apple will refund the purchase price of the app (if any) to you; beyond this, Apple has no other warranty obligation with respect to the games. Apple is not responsible for addressing any claims by you or any third party relating to the games, including product liability claims, claims that the games fail to conform to legal or regulatory requirements, and consumer protection claims. In the event of any third-party claim that the games or your possession and use of them infringe that third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of such claim. You represent that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms of Service and may enforce them against you. If you download our games from Google Play, your use is additionally subject to the Google Play Terms of Service.

12.9. Contact Points (Digital Services Act)

Pursuant to Art. 11 and Art. 12 of the EU Digital Services Act (DSA), our single point of contact for communication with Member States’ authorities, the European Commission, and the European Board for Digital Services, as well as for recipients of the Service, is: support@ampere-lab.com. Communication with this contact point is possible in German and English.

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