SHARDFALL terms of use

Table of contents

1. Scope and provider
2. Services
3. Account
4. Age
5. Fair play and rules of conduct
6. Subscription “Kommandant Online”
7. Availability and changes
8. Rights of use
9. Liability
10. Data protection
11. Final provisions

1. Scope and provider

These terms apply to the use of the app SHARDFALL and the related online services (matchmaking, leaderboards, friends, chat, clans, leagues, subscription). The provider is Peppox Entertainment, owner Michael Burgemeister, Am Becherweg 6, 55270 Ober-Olm, Germany (“we”). The terms of the respective store (Google Play, Apple App Store, Microsoft Store) or of Paddle additionally apply to the purchase and management of apps and subscriptions.

2. Services

• The app can be downloaded from the stores. The campaign and skirmishes against the AI are free to use and require neither an account nor an internet connection.
• Online mode (ranked games, quick play, friendly games, friends, groups, chat, clans, leagues) requires an account and an internet connection. Friends, groups, chat, clans, leagues and the subscription require a registered account (name and password); ranked games are also possible with a guest account. One online game per calendar day (time zone Europe/Berlin) is available free of charge.
• With the optional monthly subscription “Kommandant Online”, this daily limit no longer applies. The subscription does not change unit stats, costs, build times or vision within a match. It does, however, increase the number of possible online games per day and thus the opportunity to earn rating, league points and online achievements. An active subscription is shown to other players as a badge. Access is subject to available server capacity; waiting times may occur at exceptionally high load; we provide for adequate capacity.

3. Account

The user is responsible for keeping their login details confidential. Accounts are not transferable and may be neither sold nor exchanged. Only one account per person should take part in leaderboards. Display names, clan names, descriptions and chat texts must not infringe third-party rights and must not be insulting, discriminatory, harmful to minors or otherwise unlawful. Names are filtered automatically.

4. Age

Online mode is intended for persons aged 16 and over. Persons aged 13 to 15 may use it only with the consent of their legal guardians. A paid subscription requires the consent of the legal guardians unless the user is of full age.

5. Fair play and rules of conduct

Not permitted are in particular cheats, bots and manipulation of the app or network traffic, pre-arranged or “gifted” wins, multiple accounts used to circumvent rules, insults, harassment and unlawful content. Online games are re-computed on the server for fair-play checks. Players and messages can be reported in the app.

We use automatic filters (names, chat) and an automatic provisional mute after several reports from different players. A human decides on suspensions of an account.

In case of violations we may take appropriate measures, graded by severity and frequency: warning, muting, name reset, revocation of ratings, achievements or titles, exclusion from leagues or clans, and temporary or permanent suspension of the online account. We tell the user about the measure and give reasons. The reasons state the underlying facts and the ground for the measure, whether the decision was made by automated means, and the available remedies (complaint by e-mail to kontakt@peppox.de or through the contact form, legal recourse). The user is given the opportunity to comment unless a serious violation or legal reasons require immediate action. If an online account is blocked wrongly, we refund paid, unused periods pro rata. Offline mode is not affected.

6. Subscription “Kommandant Online”

• Contracting party and payment: When the subscription is taken out via Paddle, Paddle.com Market Limited is the seller and contracting party. When it is taken out via Google Play or the Apple App Store, the respective store handles purchase, payment, billing and invoicing under its own terms, which are pointed out at purchase. We only learn from the provider whether a subscription exists; we cannot see payment details.
• Term and cancellation: The subscription has a term of one month and renews automatically for a further month each time unless cancelled. It can be cancelled at any time effective at the end of the paid period, in the respective store or in the Paddle customer portal (instructions: Support).
• Price: The price including statutory VAT is shown in the app or store before purchase.
• Withdrawal and refunds: These are governed by the terms and procedure of the respective store or Paddle, which also explains how to declare withdrawal. Statutory consumer rights remain unaffected.
• Discontinuation of the online service: We may discontinue the online service or the subscription if operation is no longer possible for economic, legal, technical or security reasons. We will announce this at least 30 days in advance in the app and on this website and will take the subscription off sale immediately. Paid periods extending beyond the end date will be refunded pro rata. The campaign and skirmishes against the AI remain usable afterwards.

7. Availability and changes

We strive for high availability but cannot guarantee uninterrupted access (maintenance, outages, updates). We may develop and change the game, for example balance, content and functions, as far as this is reasonable for the user and the essential agreed services are maintained. If we change functions of the online service to more than a minor disadvantage of the user, we will inform them at least 30 days in advance; they may then terminate an ongoing contract free of charge until that period ends. Ratings may be reset or adjusted at season changes and rule changes.

8. Rights of use

The user receives a simple, non-transferable right to use the app for private purposes on their devices. The app, its content and trademarks remain our property or that of the respective rights holders. Reproduction, decompilation and distribution are not permitted unless mandatory law provides otherwise. We may use names and texts entered in online mode for display in the game (for example leaderboards, clan pages).

9. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and where we have given a guarantee. In case of slightly negligent breach of essential contractual obligations (obligations whose fulfilment is necessary for the proper performance of the contract and on whose observance the user may regularly rely), liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded. This also applies to our vicarious agents. Statutory rights in respect of defects (in particular Sections 327d et seq. BGB) as well as claims for damages under Art. 82 GDPR and for fraudulently concealed defects remain unaffected. Mandatory statutory rights remain unaffected.

10. Data protection

Information on the processing of personal data is provided in the privacy policy.

11. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Consumers habitually resident in another country retain the mandatory consumer protection provisions of that country. If individual provisions are invalid, the remainder stays valid. We do not participate in dispute resolution proceedings before consumer arbitration boards (see legal notice).

We may change these terms with effect for the future if there is a good reason (change in the law, a requirement of an authority or court, adaptation to technical changes, or closing a gap in the terms) and the change is reasonable. Changes to the main services, to the price or to the ratio of performance to consideration require the user’s express consent. We announce changes in the app at least 30 days before they take effect; the user consents by confirming in the app. If the user does not consent, the previous terms apply until the changes take effect; after that, online mode can no longer be used. The user may terminate an ongoing subscription extraordinarily as of that date; paid periods are refunded pro rata.

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