Diamond Driller Demo
General Terms and Conditions of Business and Use
Welcome to Diamond Driller Demo.
Thank you for your interest in this product, we hope you enjoy it. This is the free demonstration version of the Diamond Driller app. If you like it, please consider purchasing the full version with more content, available as separate app.§ 1 Scope of Application
(1) The following General Terms and Conditions of Business and Use govern the contractual relationship between Inspire Sense UG (entrepreneurial company with limited liability), Im Gewerbepark C 25, D-93059 Regensburg, entered in the Commercial Register of the local court of Regensburg HRB 20196 (hereinafter referred to as “Inspire Sense UG”), and the users making use of the terms and conditions of use of the services of the Diamond Driller Demo app (hereinafter referred to as “User/s”) and formulate the terms and conditions of use of the services of Diamond Driller Demo app. By using our mobile app for Android devices in Google Play Store, the User agrees to the General Terms and Conditions of Business and Use hereinafter referred to.
(2) The General Terms and Conditions of Business and Use are also applicable if the services are used outside the Federal Republic of Germany.
(3) When using or downloading the Diamond Driller Demo app via the Google Play Store, the User acknowledges that the use of the application is subject to the terms and conditions of use of the respective sales platform. These terms and conditions of use govern the use of the respective sales platforms and the services and contents available there.
§ 2 Conclusion of Contract
(1) The User is free to download two different applications with different versions of the game Diamond Driller via the respective sales platform: a free demo version and a paid full version of the game. Both applications constitute separate services. Both applications give rise to separate contractual relationships.
(2) A contract according to the following provisions comes about between the User and Inspire Sense UG if the User has downloaded the present application from Google Play Store, accepts these terms and conditions of use by placing a checkmark and activates the “Play” button.
(3) The fulfillment of consumer protection requirements for the effective conclusion of a contract is based on the facilities and measures of the respective sales platform, provided that from a technical or organizational point of view they can only be fulfilled by the latter.
§ 3 Scope of Services
(1) The User acquires a license as defined by Section 31 (2) of the German Copyright Act (UrhG) in the free demo version or in the paid full version of the game application. This comprises a non-exclusive, non-transferable right, which is temporally restricted to the duration of the installation, to download, install and use the application on any compatible terminal device, whose owner is the User or over which the User exercises the rightful power of disposition. This right of use also extends to any updates.
(2) In addition, the User acquires a non-exclusive and non-transferable right of use in the contents retrieved in the app, which authorizes the User to download these contents to the User’s terminal device and to consume them. This right is temporally limited to the agreed term of use. It in particular ends with regard to the contents of old versions.
(3) The functions of the application are described in the respective sales platform. The difference between the paid full version and the free demo version arises from these descriptions. Inspire Sense UG reserves the right to modify or adapt the respective costs and this right is in other respects determined by the contractual agreements between the provider of the sales platform and Inspire Sense UG.
(4) The requirements on hardware and firmware to operate the app on a terminal device are detailed on the respective sales platform. Depending on the operating system used by the terminal device, the range of functions can vary.
(5) Updates shall be made available in the scope required by law according to Section 327f German Civil Code (BGB). Inspire Sense UG reserves the right to any updates beyond this scope.
(6) Termination of the contract shall be exclusively exercised by declaration vis-à-vis the respective sales platform according to the stipulations provided there.
(7) Inspire Sense UG cannot warrant the consistent availability of the services of the application and this is expressly excluded from the scope of services. The derivation of user demands as a result of downtimes due to maintenance, updates, technical or other problems is expressly excluded, unless Inspire Sense UG can be charged with deliberate or grossly negligent default, or the demands extend to damage to life, body or health. The User is notably responsible for those restrictions of the scope of use that can be ascribed to the fact that the hardware and software required for the use does not comply with the latest generally available state of technology. The same applies to connectivity issues due to the Internet access. Otherwise, there is a possibility that the service can only be used to a limited extent or cannot be used to its full extent.
(8) Inspire Sense UG reserves the right to modify the application at any time in a manner that is acceptable for the User, in particular to enhance the application and to improve it quantitatively, both in terms of technology and content.
§ 4 Processing of Payments and Right of Revocation
(1) Inspire Sense UG applications do not contain any in-app purchases or subscriptions.
(2) The processing of payments for paid apps shall be handled by the provider of the sales platform in accordance with his provisions.
(3) The reimbursement of payments transacted via the respective sales platform by Inspire Sense UG shall be excluded. The respective terms and conditions of use or general terms and conditions of business of the provider of this sales platform shall apply.
(4) Any right of revocation shall be exclusively exercised with the provider of the respective sales platform. The respective terms and conditions of use/general terms and conditions of business of the provider of this sales platform shall apply.
§ 5 Data Privacy
The User can find information on the processing of personal data within the scope of using the app by pressing the button 'Privacy Policy' on the information screen (where all legal texts, including these licence terms, can be accessed).
§ 6 Limitation of Liability
(1) Inspire Sense UG shall not assume any warranty for the textual correctness, up-to-dateness and completeness of the contents made available.
(2) As far as the availability of the app depends on the services of third parties (in particular providers of telecommunication services), Inspire Sense UG shall not assume any liability for the availability.
(3) Inspire Sense UG shall assume unlimited liability
- in case of willful intent or gross negligence,
- for injuries to life, limb or health,
- in accordance with the provisions of the Product Liability Act.
§ 7 Responsibility and Obligations of the User
(1) The User is responsible for the provision of his data and its truthfulness. The User is obliged to provide his correct real name in the relevant fields. Inspire Sense UG reserves the right to take civil and/or criminal action against the respective user in the event of a deliberate provision of incorrect information or fraudulent intent.
(2) The User undertakes to use the application for private purposes only. The use of the application by the User for commercial, industrial or business purposes is expressly prohibited.
(3) The User undertakes to indemnify Inspire Sense UG against any legal actions, damages, losses and claims. The User in particular undertakes to indemnify Inspire Sense UG against any damages arising as a result of defamation, insult, violation of personal rights, due to the failure of the service for other customers, violation of the General Terms and Conditions of Business and Use, infringement of intangible assets or other rights.
(4) The User undertakes to inform Inspire Sense UG in the event of unauthorized accesses or attacks or in the event of attempted unauthorized accesses or attacks.
(5) The User undertakes to take suitable protective measures with regard to the safety of own passwords.
(6) In addition, the User undertakes to refrain from
- copying, modifying, creating derivative works of, using or duplicating in any other manner any material, pictures, brands, trade names, service brands protected by copyright or other intellectual property, contents or proprietary information that can be accessed via the app without obtaining prior written approval to do so
- making use of robots, bots, spiders, crawlers, website search and research applications, proxy or other manual or automatic devices, methods or processes to access the navigation structure or presentation of the app or its contents, retrieving these or engaging in data mining at these or duplicating or bypassing these in any manner
- using the service in a manner that could impair, disrupt or negatively impact or possibly negatively impact the service or the servers or the networks connected with the service
- faking any headers or otherwise manipulate any information features to disguise the origin of information transmitted via the service
- framing or mirroring parts of the service
- using meta tags, codes or other devices containing a reference to the service or a brand, trade name, service brand, logo or slogan of the service to guide people to other websites for other purposes
- modifying, adapting, sub-licensing, translating, selling, reverse engineering, decoding, decompiling or otherwise disassembling parts of the service or compelling others to do so
- using the application programming interfaces of the service without written approval in order to access or publish these
- investigating, querying or testing the vulnerability of the service or of a system or network
- favoring or promoting activities that violate this contract.
§ 8 Granting of Rights
(1) The User grants Inspire Sense UG an irrevocable, nonchargeable, non-exclusive, locally unrestricted right of use in all contents generated, transmitted, saved and published by the User. Hence, Inspire Sense UG shall be authorized to make unrestricted use of all contents, which includes their editing, copying, modification, translation, compiling and their transfer from and to derived works. At the same time, there shall be no restriction with regard to the type of use. Inspire Sense UG shall therefore be authorized to use the contents for advertising purposes or other publications. In this connection, the User grants Inspire Sense UG moral rights, with Inspire Sense UG expressly pointing out that Inspire Sense UG shall not receive ownership of the contents made available by the users and thus there shall be no supervisory function over the contents on the part of Inspire Sense UG.
(2) Inspire Sense UG points out to the User that contents may be saved and passed on to third parties, insofar as this is in line with applicable law or necessary according to dutiful discretion and that user data can be removed at any time without giving reasons and without notifying the users concerned.
§ 9 Rights of Use and Copyrights
By consenting to the General Terms and Conditions of Business and Use, the User grants Inspire Sense UG the right and the license to host, save, use, copy, depict, reproduce, adapt, edit, publish, modify and disseminate information to which the User provides access by means of a connect function (if available). The privacy provisions under § 5 are expressly referred to.
§ 10 Application of German Law
The terms and conditions of use of the Diamond Driller Demo app and any resulting or associated legal relations are subject to the law of the Federal Republic of Germany. Any legal disputes arising from the use of this app or in connection with this app shall fall within the jurisdiction of the courts of the Federal Republic of Germany. Application of the UN Convention on Contracts for the International Sale of Goods and other international trade laws shall be excluded.
§ 11 Compensation for Damages
(1) Users, who through the license for use of the Diamond Driller Demo app pursue commercial, industrial or business goals as defined by § 7 (2) or who use the license for commercial or business goals, undertake to pay a lump-sum compensation amounting to € 5,001.00 to Inspire Sense UG. The User will be permitted to provide evidence that damage in this amount has not occurred. Inspire Sense UG reserves the right to provide evidence that higher damage has occurred.
(2) In the event of a deliberate and grossly negligent violation of the user obligations set out in § 7, the User undertakes to pay compensation for damages to Inspire Sense UG, provided that the violation does not already constitute grounds for damages according to § 11 (1). The User will be permitted to provide evidence that no damage has occurred at all.
§ 12 Amendments of the General Terms and Conditions of Business and Use
(1) Inspire Sense UG reserves the right to amend the General Terms and Conditions of Business and Use, the performance specification and other conditions.
(2) The provider shall only implement these amendments for specific reasons, in particular on account of new technical developments, changes to the legal situation or other equivalent reasons. In the event of already current contractual relationships, these amendments shall require the User’s approval for the User to continue using the application.
§ 13 Final Provisions
(1) Inspire Sense UG shall be entitled to commission third-party service providers or vicarious agents to render parts of or the entire range of services.
(2) Provided nothing to the contrary is provided in the above General Terms and Conditions of Business and Use, amendments and supplements to the contract and collateral agreements shall require the written form in order to be effective. The written form requirement shall also apply to the revocation of this written form requirement.
(3) For disputes arising from this contractual relationship, the place of jurisdiction is the registered office of Inspire Sense UG, insofar as this is permissible. Insofar as this is permissible, the place of performance for contractual claims is also the registered office of Inspire Sense UG.
(4) The contractual agreements between Inspire Sense UG and the User are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws.
(5) In the event that individual provisions of this contract are invalid or unenforceable or subsequently become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected. The invalid or unenforceable provisions shall be replaced by valid and enforceable provisions the effects of which come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provisions. This shall apply accordingly in the event that the contract proves to be incomplete.