SuperCrowd App Terms of Service
1. Contracting Parties and Object of the Contract
Super Crowd Entertainment GmbH, Papenstr. 27a, 22089 Hamburg, Germany (hereinafter referred to as the “Provider”), operates the mobile app “SuperCrowd” for the iOS and Google Android operating systems (hereinafter referred to as the “App”), where users (“Users”) can scan friend codes, level up, and collect and redeem various vouchers in electronic form in accordance with the following provisions.
2.1. Within the scope of using the App, the User can create an account. This is done through registration with an email address and password or through single sign-on services. Registration is complete when the Provider has accepted the User’s registration request (“Registration”). Registration establishes a usage contract between the Provider and the User for the use of the App in accordance with these terms and conditions.
2.2. Registration is optional, and the User is not obligated to avail of services.
2.3. Entrepreneurs, legal entities, and persons under the age of 18 are excluded from registration. There is no entitlement to registration. The Provider is entitled to reject User registration requests without providing reasons. Only one registration per person is permitted.
2.4. The User must provide all information to the Provider during registration or the execution of the usage contract fully and accurately. If this information changes during the registration period, the User will promptly correct it within their user account or, if this is not possible, notify the Provider via email (firstname.lastname@example.org).
2.5. The access data provided by the User during registration (email address and password) and which the User can use to log into the App must be kept confidential and not made accessible to unauthorized third parties. If there is reason to believe that unauthorized third parties have or will gain knowledge of the User’s access data, the User must promptly inform the Provider via email (email@example.com).
2.6. The User can terminate the usage contract at any time (ordinary termination). The Provider can terminate the usage contract with a notice period of 4 weeks at the end of each calendar month.
3.1. In the App, Users have the opportunity to collect friend codes in electronic form (“Friend Codes”). Friend codes can be scanned with a QR code scanner. Through this process, the scanning User and the User whose friend code is scanned mutually appear on each other’s friend list within the App. The more people in a User’s friend list, the more points they receive.
3.2. Upon reaching certain point thresholds, Users unlock rewards (“Rewards”). Rewards may consist of a) digital items for the User’s avatar in the App, b) a digital code that allows the User to obtain digital content outside of the App, or c) a digital code that entitles the User to receive a physical reward upon presentation.
3.3. By acquiring the corresponding Reward, the User acquires the right to avail of the service described in the respective Reward description at partner companies of the Provider (“Partner Companies”), as long as supplies last. Regarding the use of the service to which the User is entitled after redeeming the code, the respective Partner Company is the contractual partner.
3.4. Rewards may include the right to purchase goods, possibly at a discounted price, including electronic content such as games, music, eBooks, etc., as well as additional services in the context of electronic games that can be purchased through in-game purchases.
3.5. Rewards can also be surprise packages where the User does not know the content in advance.
4. Blocking Access to the App
4.1. The Provider can temporarily or permanently block the User’s access to the App if the User violates these terms and conditions and/or applicable law.
4.2. In the case of a permanent access block, the individual concerned is permanently excluded from using the App and may not re-register.
5.1. Claims for damages by the User are excluded. Excluded from this are claims for damages by the User resulting from the violation of life, body, health, or the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from intentional or grossly negligent breaches of duty by the Provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on which the User may rely.
5.2. In the event of a breach of essential contractual obligations, the Provider’s liability is limited to typical, foreseeable damage, if such damage was simply negligently caused, unless it concerns claims for damages by the User resulting from injury to life, body, or health.
5.3. The limitations of liability set forth in 5.1 and 5.2 also apply in favor of the Provider’s legal representatives and vicarious agents when claims are made directly against them.
5.4. The liability limitations arising from 5.1 and 5.2 do not apply if the Provider has maliciously concealed a defect or assumed a guarantee for the quality of an item. The same applies if the Provider and the User have made an agreement regarding the quality of an item. The provisions of the Product Liability Act remain unaffected.
6. App Availability
The App is generally available 24 hours a day, seven days a week, with an availability of 99% on average per month. Excluded from this are downtime due to maintenance and software updates (which do not exceed three hours per month) as well as times when the web server is not accessible over the Internet due to technical or other issues that are not within the Provider’s control (force majeure, third-party fault, etc.). If it is foreseeable for the operator that downtime for maintenance and software updates will exceed one hour, the Provider will notify the User at least three calendar days before the start of the respective work.
7. Contract Language, Storage of Contract Text
7.1. The language available for concluding the contract is German.
7.2. The contract text is stored by the Provider in the App after the contract has been concluded and is accordingly available to the Provider.
8. Applicable Law
These terms and conditions and the entire legal relationship between the Provider and the User are exclusively subject to the law of the Federal Republic of Germany, with the exception of conflict of laws.
9. Dispute Resolution
The European Commission has created an internet platform for online dispute resolution. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.