Terms
of Use (ToU)
1. Service description and scope
1.1 PopUp Party is a game application (“App”) provided by Pink Frog Games GmbH, Besselstr. 14, D-10969 Berlin (hereinafter referred to as "Pinkfrog"). On the Pop Up Party App users (“Users”) can play a guessing game with their friends to find out more about their personality.
1.2 The Users will have access to the Pop Up Party App game after downloading to app and completing a subscription (Section X below).
2. Subscription to Pop Up Party App
2.1 In order to gain access to the game features offered with the Pop up Party App, Users must sign up for a paid subscription. When applying for a subscription, Users must ensure that all information provided is truthful and accurate and that Users have the appropriate parental or guardian consent if they are under 18 years of age.
Weekly Subscription
2.2 The contents of Pop Up Party App are made available as a weekly subscription.
2.3 The subscription for Pop Up Party App can be purchased within the app via third-party app stores from Google ("Play Store") or Apple ("App Store") as an in-app purchase or via the Pinkfrog Website
2.4 To do this, Users must confirm the purchase of the subscription on the subscription screen within the app by pressing the "Subscribe" button or a comparable button and enter their password for the respective third-party app store if necessary. By confirming the in-app purchase, Users submit a binding offer to purchase a paid subscription to Pinkfrog. If Pinkfrog accepts the offer, Users will receive an email in which Pinkfrog accepts the Users’ offer. Acceptance by email is equivalent to Users being granted access to the content of the Pop Up Party App that is covered by their subscription. Upon receipt of the email or access to the content, the contract for the paid subscription between the User and Pinkfrog is concluded.
Free trial period
2.5 The Pop Up Party App offers Users the option of a 3-day free trial period.
2.6 The free trial period is automatically converted into a paid weekly subscription if it is not cancelled at least 24 hours before the end of the 3-day free trial period.
2.7. A free trial period can only be used once by each User. If the User has already benefited from a free trial period, the subscription amount will be charged immediately after confirmation of the subscription purchase.
3. Fee, Terms of Payment
3.1 The prices stated in the app at the time the contract is concluded shall apply. All prices include statutory value added tax.
3.2 If the subscription is purchased in the app, payment is processed via the payment method stored in the third-party app store.
3.3 The payment amount is due at the beginning of the agreed subscription period. In the event of an automatic renewal of the subscription period (Section 4.2), the payment amount for the respective renewal is due one day before the start of the renewal of the subscription period.
3.4 Users are only entitled to set-off or retention rights to the extent that the claim has been legally established or is undisputed or is based on the same contractual relationship. This does not apply with regard to claims to which Users are entitled against Pinkfrog as a result of exercising their right of withdrawal (Section 5).
4. Term, Cancelling a Subscription
4.1 Subscriptions have a term of one week and start with the purchase of the subscription.
4.2 Subscriptions are automatically renewed for a further week if they are not cancelled at least 24 hours before the end of the subscription period.
4.3 The 3-day free trial period can be cancelled at any time up to 24 hours before expiry, after which the paid weekly subscription starts automatically.
4.4 The right to extraordinary termination remains unaffected.
4.5 If the User has purchased the subscription in the app as an in-app purchase, cancellation is subject to the requirements of the provider of the app store through which the User purchased the app. In order to cancel a subscription, the User must log into their account with the app store provider and follow the provider's instructions for cancelling the subscription.
4.6 Please note that uninstalling the app does not automatically cancel the paid subscription.
5. Withdrawal
5.1 Consumers (Section 13 of the German Civil Code (BGB)) have a right of withdrawal with regard to contracts for consideration in accordance with the following provisions:
INFORMATION ON THE RIGHT TO WITHDRAW FROM THE CONTRACT
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Pink Frog Games GmbH, Besselstr. 14, D-10969 Berlin, Email: contact@pnkfrg.com) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
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.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), 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.
MODEL WITHDRAWAL FORM
If you want to withdraw from the contract, please fill out and return this form.
- To Pink Frog Games GmbH, Besselstr. 14, D-10969 Berlin, Email: contact@pnkfrg.com)
- I/we (*) herby give notice that I/we (*) withdraw my/our (*) for the sale of the following goods (*)/provision of the following service (*),
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Date, signature of the consumer(s) (only if this form is notified on paper),
(*) Delete as applicable
5.2. The User's right of withdrawal shall lapse if Pinkfrog has commenced performance of the contract after the User (i) has expressly consented to Pinkfrog commencing performance of the contract prior to expiry of the withdrawal period, (ii) the User has confirmed that he/she is aware that his/her consent will result in the User forfeiting his/her right of withdrawal upon commencement of performance of the contract and (iii) Pinkfrog informs the User of his/her consent and confirmation again by means of a durable medium after conclusion of the contract.
5.3. If Users have purchased their subscription within the app, they also have the option of withdrawing their subscription from the respective app store provider. The provisions of the app store provider apply to this additional withdrawal option.
6. Creating or joining a game
6.1 The App can be downloaded for free from any major app-store. After accepting the ToU, taking note of the privacy notice and purchasing a subscription (Section 2) Users will have full access to the content of the Pop Up Party App.
6.2 When launching the App, Users will be asked to either create a game environment or join a pre-existing one.
6.2.1 Creating a game environment. In the first case, Users will be asked to assign themselves a nickname and upload a profile picture. None of this data has to be personal or reveal anything about the User. Once the new game environment has been created, a six-digit numeric code (“Code”) will be displayed. In order to allow others to join their game environment, Users have to share the Code by means of any suitable system. It is not possible to communicate or share Codes within the App.
6.2.2 Joining a pre-existing game. In the second case, Users will have the option to insert the Code referring to a specific game environment to join it. Upon insertion of the Code, Users will be prompted to choose a nickname and upload a profile picture. None of this data has to be personal or reveal anything about the User.
7. Playing
7.1 The game consists in a set of automatically generated questions that participating Users have to answer to. All participating Users may see how other participating Users replied to each question.
7.2 Every game environment is unique and only accessible to those Users knowing the Code.
8. Content and Intellectual Property
8.1 All content available on the App is owned or licensed by Pinkfrog. Users have no possibility to create, share or comment own content, except for the nickname and profile picture they assign to themselves.
8.2 In particular, but without limitation, unless explicitly stated otherwise, Users may not copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on the Appl, nor allow any third party to do so through the User or their device, even without the User's knowledge.
9. Restrictions
9.1 The App may only be used within the scope of what it is provided for, under these ToU and applicable law.
9.2 Users are solely responsible for making sure that their use of the App violates no applicable law, regulations or third-party rights.
9.3 Pinkfrog reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to the App, terminating contracts, reporting any misconduct performed through the App to the relevant authorities whenever Users engage or are suspected to engage in any of the following activities:
- violate laws, regulations and/or these ToU;
- infringe any third-party rights;
- considerably impair Pinkfrog’s legitimate interests;
- offend Pinkfrog or any third party.
10. Limitation of liability
10.1 Pinkfrog is liable for intent and gross negligence within the scope of fault-based liability. In the case of simple negligence, Pinkfrog is only liable in accordance with statutory provisions
10.1.1 for damages resulting from injury to life, limb or health, and
10.1.2. for damages arising from the breach of an essential contractual obligation (an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for foreseeable, typically occurring damages.
10.2 The above limitations of liability also apply to breaches of duty by or in favour of persons whose fault Pinkfrog is responsible for in accordance with statutory provisions. They do not apply if Pinkfrog has assumed a guarantee of quality or for claims under the Product Liability Act.
11. Technical requirements, Changes to the Services
11.1 In order to take full advantage of the App, Users must adopt up-to-date and common technologies (e.g. current smartphone technologies and cameras). The use of older or uncommon technologies may result in limited availability or unavailability of the service.
11.2 Insofar as Pinkfrog provides its services on a permanent basis and without prejudice to the above, Pinkfrog shall have the right to change the services at any time, even beyond the necessary updates to maintain contractual conformity, provided that this is done for a valid reason and Users do not incur any additional costs as a result. A valid reason exists in the event of changes to the technical environment, changes in the number of Users, improvements to existing services, if Pinkfrog adds new services, in the event of changes in the law or changes in jurisdiction, in order to ensure the security and functionality of the app or for other important operational reasons. Pinkfrog will inform Users of any such a change.
11.3 If a change to our services in accordance with the foregoing impairs access to the services or the usability of the services for Users to a more than insignificant extent and Pinkfrog does not offer Users the continued use of the unchanged services, Users are entitled to terminate the contract free of charge within 30 days of receipt of the information about the change.
12. Closing provisions
12.1 Pinkfrog reserves the right to change these ToU at any time. In such event, Users will be notified about the amended ToS via email and when launching the App. The User's consent shall be deemed to have been given if the User does not object to the amendment before the proposed date of entry into force. Pinkfrog will point out this effect of consent in its notification of change.If the User rejects the new ToU, the contractual relationship with the User will be continued on the basis of the previous ToU. In this case Pinkfrog shall be entitled to terminate the contractual relationship for good cause..
12.2 As far as legally permissible, the relationship between the Provider and Users is subject to German law, without prejudice to any broader consumer protection applicable according to the law of the place in that Users reside in.
12.3 If the User does not qualify as consumer, the exclusive venue of jurisdiction for all controversies arising from or in connection with these ToU shall be Berlin.
12.4 Pinkfrog does not take part in any alternative dispute resolution proceeding before a consumer arbitration body pursuant to the Consumer Dispute Settlement Act (Verbraucherstreitbeilegungsgesetz) and are not required to do so.
12.5 These ToU shall remain effective in case single provisions should be deemed invalid. The invalid provisions shall be replaced by the statutory provisions, if available. However, should this result in an unreasonable hardship for one of the parties, the ToU shall become invalid in their entirety.
invalid provisions shall be replaced by the statutory provisions, if available. However, should this result in an unreasonable hardship for one of the parties, the ToU shall become invalid in their entirety.