Terms and conditions - Zeedz Game

The following General Terms and Conditions (hereinafter "T&Cs") apply to the use of the game Zeedz (hereinafter "Zeedz" or "game") offered by us, Zeedz GmbH (hereinafter "we" or "us"). Access to Zeedz, as well as all services provided in connection with the game, are based exclusively on these T&Cs.

SCOPE, CONTRACT CONCLUSION

1.1. A valid game usage contract with us is required to participate in Zeedz. Additionally, participation in the game is subject to compliance with certain participation requirements, which we present here:

a) You need a user account (hereinafter "Zeedz-Account"),

b) You have the latest version of Zeedz installed on a device capable of participating, which meets the software and hardware requirements of Zeedz. These can be taken from the respective app store from which you download Zeedz,

c) You must have reached the age of 18 at the time of registration. Minors who have not yet reached the age of 18 are only eligible to play if they do so with the consent of their legal representative.

1.2. By creating a Zeedz account, you make a binding offer to conclude a game usage contract of indefinite duration. We will ask you to agree to the inclusion of these T&Cs in their respective current version. Without your consent to the validity of our T&Cs, participation in Zeedz is not possible.

1.3. We offer Zeedz exclusively to consumers within the meaning of § 13 BGB. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. Participation in Zeedz is for entertainment purposes only. Use of Zeedz for earning purposes or other commercial purposes is not permitted.

1.4. If you have been excluded from participating in Zeedz in the past due to a violation of these T&Cs, especially their user rules (section 4), we reserve the right to refuse a new conclusion of a game usage contract between us and you.

1.5. The conclusion of a game usage contract must be personal. Registration by third parties is not permitted. Please always provide correct and complete data to us. Use an email address on which you can receive notifications about your Zeedz-Account, legal notices, and notifications regarding our services.

SERVICE DESCRIPTION, UPDATES

2.1. The use of Zeedz is free. Furthermore, we may offer you the opportunity to purchase additional content in our shop, or from other players via a marketplace or via our in-app shop. If you wish to purchase content from us, the terms and conditions of our shop [https://www.zeedz.io/terms-conditions-shop-en] apply. If you wish to purchase additional content from another user via the marketplace, our marketplace conditions [https://www.zeedz.io/terms-conditions-1] apply.

2.2. Subject to the presence of the participation requirements, we grant you a simple, territorially, temporally, and content-limited, revocable, non-exclusive, non-sublicensable, and non-transferable right of use to use our game for the duration of the game usage contract. Your right to use is limited to private use. Commercial or commercial use is not permitted.

2.3. Zeedz is a so-called live game, which by its nature evolves to provide an interesting and entertaining game for as many players as possible in the long term.

2.4. In Zeedz, players can collect creatures inspired by plants ("Zeedles"), develop them, and fight with them. At the same time, we want Zeedz to create a broad awareness of global warming and link challenges in Zeedz with real weather phenomena and educational content, so we occasionally adapt, update, expand, develop, and change functions and content in Zeedz. For example, new Zeedles, challenges, and actions can be added.

2.5. We allow ourselves to make changes to Zeedz that go beyond the measure required to maintain the contractual condition if one of the following valid reasons exists:

a) Improving user experience (such as through new features);

b) Adapting to a new technical environment;

c) Increased user numbers;

d) Ensuring functionality or security;

e) Implementing legal requirements through laws, supreme court decisions, or official orders.

2.6. Changes to Zeedz will not result in additional costs to you. We will inform you about such changes in an appropriate manner.

2.7. We reserve the right to discontinue the operation of Zeedz at any time without giving reasons. We will announce a termination of operation in advance with a reasonable lead time and taking into account existing notice periods (Section 7 of our T&Cs).

3. ADDITIONAL CONTENT

3.1. Some of the additional content for Zeedz involves digital blockchain collectibles (Non-Fungible Tokens, hereinafter "NFTs"). For the purchase and transfer of NFTs, you need a Blocto-Wallet ("Wallet") linked to your Zeedz account. Optionally, we may offer other additional content in the shop, which cannot be stored on a blockchain and may be transferable. These are non-transferable additional contents that you can use within Zeedz but cannot transfer, sell, trade, or take similar actions. The exact terms of such additional content and its usability are derived from the service description of the respective additional content.

3.2. If you purchase additional content via an in-app shop integrated in Zeedz, the transaction is usually processed via the respective app store provider. In this case, in addition to our game conditions, the conditions of your app store provider, with whom you have concluded a user agreement, may also apply.

3.3. For additional content not stored on a blockchain, we grant you a personal, simple, non-exclusive, non-transferable, non-sublicensable, revocable right to use this additional content in connection with Zeedz after purchase. To the extent that we allow you to sell or transfer additional content to other players within the technical capabilities of Zeedz, this may only be done via services approved or provided by us.

4. USER RULES

Our user rules concern your behavior in the game. In particular, they contain behavioral obligations towards other players and in the game itself, whose compliance is necessary for an honest, player-friendly, and entertaining gaming experience for everyone. Violations of our user rules entitle us to take moderation and disciplinary measures and possibly to terminate your Zeedz account. Please read our user rules carefully:

4.1. The following actions are prohibited when using the communication and interaction functions provided in Zeedz as well as other input fields for user information, including when choosing the username or designing the avatar (hereinafter "user interaction"):

Spreading offensive, harassing, glorifying violence, seditious, sexist, obscene, pornographic, racist, or otherwise objectionable content;

Spreading commercial advertising accordingly advertising statements;

Insulting, harassing, threatening, frightening other players;

Mass sending of messages (spam), especially messages with non-game-related content, chain letters, pyramid schemes, and similar forms of spam;

Spying, passing on, or spreading personal or confidential information from third parties;

Spreading false claims about race, religion, gender, sexual orientation, origin, or social status of third parties or our employees;

Dissemination of false claims about third parties or us;

False claims to act as an employee of us or a partner company;

Using or spreading content forbidden by a legal regulation;

Unauthorized use of legally protected materials, especially images, photos, graphics, videos, music pieces, sounds, texts, brands, titles, designations, or software;

Spreading files that contain viruses, Trojans, worms, or other malware.

We merely provide a platform for communication among players. Each player is responsible for the content of user interactions. The platform is for game-related communication only. Systematic misuse of the platform for communication for non-game-related purposes is prohibited.

4.2. Your user interactions must not violate the laws and regulations applicable to you.

4.3. Moreover, the following actions are prohibited:

Creating or using cheats, mods, or hacks, as well as using other software that deliberately alters the gaming experience of Zeedz without this being expressly provided in Zeedz or by us;

Modifying or changing Zeedz, our websites, or parts thereof;

Deliberately exploiting bugs, exploits, other errors, security gaps, or weaknesses in the programming of Zeedz or our website;

Using software that enables so-called "data mining" or otherwise intercepts, modifies, or collects information related to the game;

Using or spreading software programs that take away parts of the game tasks from players using automation functions. This includes macro, bot, script, and other software programs;

Taking measures that can lead to excessive strain on the game servers and/or can significantly impair the gameplay for other users;

Instigating or causing other people to violate the user rules or these terms and conditions.

4.4. A culpable violation of the user rules constitutes a breach of contract and can, depending on the severity of the offending action, lead to a reset of the game progress, a temporary suspension of the Zeedz account, or an ordinary as well as extraordinary termination of this game user contract. Termination is carried out in accordance with the regulations set out in Section 7 of these terms and conditions.

4.5. Your Zeedz account is personal to you. Do not grant any third party access to your Zeedz account. If a third party uses your Zeedz account after gaining access to the login data because you have culpably not adequately secured them against unauthorized access, you must be treated as if you had acted. However, you are free to prove that you did not act and secured your Zeedz account adequately against unauthorized access.

5. WARRANTY

5.1. You are entitled to the legally prescribed warranty rights for digital products.

5.2. Unless we have made a different agreement with you, no additional guarantees in the legal sense are assumed.

6. LIABILITY

6.1. We, our legal representatives, and vicarious agents are fully liable in cases of intent and gross negligence. In the case of a breach of essential contractual obligations, we are also liable for slight negligence, but always limited to the foreseeable damage. Essential contractual obligations are those that enable the proper execution of the contract, the violation of which endangers the achievement of the contract's purpose, and upon the fulfillment of which the user may rely. Otherwise, liability is excluded, subject to clause 6.2 of this section.

6.2. The above limitation of liability does not apply in the case of fraudulent concealment of a defect, in the case of injury to life, body, and health, or in the case of our assumption of a guarantee. Liability under the Product Liability Act remains unaffected.

6.3. The above exclusions and limitations of liability also apply with regard to the liability of our legal representatives, vicarious, and executing agents.

6.4. Please note that you are responsible for accessing your blockchain.

7. TERM, TERMINATION, DISCONTINUATION OF ZEEDZ

7.1. Our game usage contract with you is indefinite. It can be terminated by you and us at any time without giving reasons.

7.2. Ordinary termination by us will take effect after one month. Ordinary termination by you is effective immediately. If you delete your Zeedz account with us or request us to delete your Zeedz account, we understand this as ordinary termination by you.

7.3. The right of you and us to extraordinary termination of the game usage contract for good cause remains unaffected by the above regulation.

7.4. A significant reason for the extraordinary termination of the game usage contract by us is especially present if:

● You are culpably committing a serious violation against the user rules (clause 4.1 – 4.3 of these GTC);

● You repeatedly violate the user rules, despite our prior warning.

7.5. If you have not logged into your Zeedz account for a period of one year, we reserve the right to terminate your game usage contract with us and delete your Zeedz account. If we intend to delete your Zeedz account due to prolonged inactivity, we will notify you in advance by email to the address you provided. You will then have ample opportunity to avert this action, for example, by logging in.

8. CHANGE OF THESE GTC

8.1. We reserve the right to change or supplement these GTC (hereinafter "Modified GTC") with effect for the future, provided that this is necessary for valid reasons. This particularly includes cases where adjustments to legal and statutory requirements or new technical developments are necessary, regulatory gaps should be closed, or the range of services for the app under these GTC changes. If the contractual balance is significantly disturbed by the change and the change is therefore unreasonable for you, the change will not take place.

8.2. We will inform you about the intended change of these GTC in text form (usually by email to the address you provided). Please always keep your contact details up to date.

8.3. From receipt of the message, you can object to the changes to the Modified GTC within six weeks. The objection can be sent, among other things, by email to hi@zeedz.io. In the event of a timely objection, the originally valid GTC between you and us remain effective.

8.4. We will particularly point out the changes to the GTC, the possibility of objection, the objection deadline, and especially the legal consequences associated with a failed objection in our message.

9. FINAL PROVISIONS

9.1. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr. We are neither willing nor obliged to participate in a dispute resolution procedure (including online dispute resolution and alternative dispute resolution) before a consumer arbitration board.

9.2. If individual regulations of these GTC are ineffective or unenforceable, the effectiveness of the remaining regulations remains unaffected.

9.3. All matters arising from or in connection with these conditions are subject to the laws of the Federal Republic of Germany. If you conclude the contract as a consumer and have your habitual residence in a country other than the Federal Republic of Germany, the mandatory provisions of this country, which cannot be deviated from by agreement, remain unaffected by the above choice of law.

Version: September 2023

General information about us

Zeedz GmbH

c/o Factory Works Rheinsberger Straße 76/77 10115 Berlin

Germany

+49 (0) 30 549 092 03 2

office@zeedz.io