#Terms

Section A: General Terms

§ 1 Scope

  1. Famobi delivers all services related to the Games exclusively under these Terms of Service (TOS). The general terms in Section A always apply, while the special terms in Section B apply to registrations and paid services.
  2. Any general terms from Users will not be considered part of the agreement unless explicitly accepted by Famobi in writing.

§ 2 Description of Services

  1. Basic access to the Games is free, but some extended versions may be available for purchase. Users will receive detailed information about functions, requirements, and prices.
  2. Famobi offers Games "as is," with the right to modify, update, or suspend them to ensure an optimal gaming experience. Users are only entitled to access the current version of a Game.
  3. Famobi guarantees 90% annual average availability for each Game, excluding issues beyond its control (e.g., force majeure). Routine maintenance periods are also excluded.

§ 3 Usage Rules

  1. Commercial use of the Games requires prior written approval from Famobi.
  2. Users must comply with legal standards and avoid sharing content that is offensive, unlawful, or infringes on third-party rights.

§ 4 User Responsibilities

  1. Famobi takes precautions against viruses but cannot guarantee absolute security. Users are advised to scan incoming emails for malware.
  2. Famobi is not liable for device damage or data loss caused by external factors.

§ 5 Defects

  1. The Games are provided in their current version. Users cannot demand specific features or performance levels unless the defect significantly affects functionality.
  2. Issues caused by external factors, misuse, or unauthorized changes are excluded from warranty.

§ 6 Liability

  1. For free services, Famobi is only liable for intentional or gross negligence.
  2. For paid services, Famobi’s liability extends to intentional and gross negligence. For minor negligence, liability is limited to breaches of essential contractual duties.
  3. Liability for damages is capped at EUR 60.00 per account.

§ 7 Intellectual Property
All content and rights in the Games belong to Famobi or its licensors. Unauthorized reproduction or distribution is prohibited.

§ 8 Third-Party Content
Users are responsible for their own content on Famobi’s platform. Famobi does not assume responsibility for third-party content or linked external sites.

§ 9 Data Protection
Famobi processes user data in compliance with data protection laws. Details are provided in the company's Privacy Policy.

§ 10 Modifications to TOS

  1. Famobi may revise the TOS for legal or operational reasons, ensuring no unfair disadvantage to Users.
  2. Changes will be announced via email or the website at least two weeks before they take effect.
  3. Users may object within one month of notice; otherwise, changes are considered accepted.

§ 11 Final Provisions

  1. German law applies, excluding international sales laws.
  2. If a provision of the TOS is invalid, the remaining terms remain unaffected.

Section B: Registrations and Paid Services

§ 12 User Eligibility

  1. Famobi services are intended for consumers under German law, aged 18 or with guardian consent.
  2. Users guarantee they meet these requirements when registering.

§ 13 Registration and Agreements

  1. Some services may require an account. Accurate information, including a valid email, is necessary.
  2. Accounts cannot be transferred without written consent.

§ 14 Right of Withdrawal

  1. Users can withdraw from agreements within 14 days. Reimbursement details are outlined in the withdrawal policy.
  2. Famobi provides a model withdrawal form for convenience.

§ 15 Payment Rules

  1. Fees apply for premium game versions or additional features. Prices and terms are disclosed in advance.
  2. Famobi reserves the right to modify or discontinue features, offering refunds or alternatives if applicable.
  3. Payments are due upon order confirmation.

§ 16 Termination and Duration

  1. Subscriptions are time-limited and end automatically unless renewed.
  2. Early termination forfeits unused services unless agreed otherwise.

Famobi Games