1 General
1.1 SisyFox GmbH, Richthofenstr. 29, 31137 Hildesheim (hereinafter "SisyFox") develops and publishes the mobile application "jumplings" ("Game"), which can be obtained via app stores of various providers.
1.2 This Game is offered only to consumers within the meaning of Section 13 of the German Civil Code (BGB), i.e. natural persons who enter into a legal transaction for purposes that are predominantly attributable neither to their commercial nor to their independent professional activity.
1.3 The Game “jumplings” of Sisyfox GmbH is provided exclusively on the basis of these General Terms and Conditions (GTC). Any general terms and conditions of the user shall expressly not form part of the agreement, even if SisyFox does not expressly object to their applicability.
1.4 These GTC are linked during download and within the Game.
2 Conclusion of contract, term, termination
2.1 The User confirms that he/she has full legal capacity or, in the case of limited legal capacity, that he/she has obtained the consent of his/her legal guardians.
2.2 The contract for the use of the Game is concluded by downloading the Game from the respective App Store. Details of this process can be found in the terms of use of the respective App Store. The download creates a contract between the User and SisyFox for the free use of the respective Game. The corresponding license and usage agreement based on these GTC is concluded for an indefinite period of time and can – subject to section 2.3 – be terminated by either party at any time without giving reasons with a notice period of 4 weeks.
2.3 In addition to the option of free use, SisyFox offers additional content for which a fee is charged, e.g. virtual currencies and items (Premium Content). The use of the Premium Content is voluntary and the waiver does not restrict the other use of the Game. The obligation to pay the costs will be pointed out separately in the Game. For the purchase and use of such Premium Content, Section 4 of these GTC and, if applicable, separate terms of use of the App Store providers shall apply in addition.
2.4 It is recommended that you always install the latest version of the Game. SisyFox owes the full scope of services and the correct functionality, also of Premium Content, only for the respective current version of the Game.
2.5 In the event of ordinary termination by the User or termination by SisyFox for cause, there will be no refund of any fees paid. However, SisyFox is entitled to continue to charge all outstanding fees for Premium Content that has already been purchased.
2.6 The User may not transfer this agreement to third parties. In the event of a breach of this provision (account transfer), SisyFox is entitled to terminate the agreement without notice, including agreements on Premium Content. In this case, reimbursement, even on a pro rata basis, is excluded.
2.7 The statutory right to extraordinary termination without notice for good cause remains unaffected.
3 Accounts and user data
3.1 Upon conclusion of the contract and use of the Game, progress in the Game and additional content for which a fee is charged will be stored by SisyFox. More detailed information on this can be found in SisyFox's Privacy Policy.
3.2 Insofar as the user can select a user name in the game, this must not violate applicable laws and/or these GTC. In the event of a violation of this, SisyFox is entitled to change the name upon notification by third parties or on its own initiative. A separate justification for the name change is not required. The user has no right to a specific name. Other rights of SisyFox GmbH in the event of a violation of this provision remain unaffected.
4 Premium Content
4.1 The conclusion of the contract for additional Premium Content is only concluded when the User clicks the "Pay" or "Order with costs" button in the store area of the Game (the exact labeling may differ for in-app purchases depending on the App Store). The contract is then accepted by SisyFox (or on its behalf by the respective App Store provider) by sending an order confirmation by message or e-mail, or by the actual provision of the respective Premium Content. The fee is due in advance with the purchase of a Premium Content.
4.2 A refund after the purchase of Premium Content can only be made within the scope of statutory consumer rights or the statutory right of revocation, taking into account the respective exclusions.
4.3 The prices for Premium Content displayed via the respective app stores and transmitted in the order confirmation for the respective order shall apply in each case. These may vary depending on currency and country. The prices include any applicable statutory value added tax. Payments are processed via the respective app stores. The terms of use and payment of the app stores and, in addition, these GTC apply. In the event of contradictions between the terms and conditions of the app stores and these GTC, the terms and conditions of use and payment of the app stores shall take precedence.
4.4 Insofar as currencies are simulated in the Game (hereinafter: "InGame Currency"), these are premium content or units of measurement for the scope of the license to use the respective Game, and not real money. Insofar as such InGame Currency can be acquired both through game actions and as premium content, the units acquired against payment will always be consumed first when such InGame Currency is used. It is not possible to convert the in-game currency back into real money, even if the operation of the game as a whole is permanently discontinued. If the operation of the Game is permanently discontinued, an advance notice of at least 3 months in advance will be given by an in-game insert.
4.5 The user is responsible for cancellations or chargebacks for which he is responsible, e.g. due to insufficient funds in his account. He shall bear the costs regularly incurred as a result. SisyFox is entitled to collect these costs together with the original fee from the User's means of payment. The User retains the right to prove that no damage was incurred or that the damage was not incurred in the amount claimed.
4.6 If the User is in default of payment, SisyFox may, notwithstanding the continuing obligation to pay, block access to the Game and charge the statutory interest on arrears.
4.7 SisyFox may offer new Premium Content, modify existing Premium Content and discontinue Premium Content. Already purchased permanent Premium Content (virtual items) that are removed from the Game can in this case be used within the framework of a transition period or exchanged for new Premium Content. Further claims of the user are excluded.
4.8 For the avoidance of doubt, all claims of the User in relation to the Premium Content, in particular in relation to copyrights, on account of warranty for defects and on account of compensation for damages, are to be asserted against SisyFox (and not against the App Stores).
5 Cancellation policy
With regard to contracts against payment, consumers (§ 13 BGB) have a right of revocation in accordance with the following provisions:
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (SisyFox GmbH, Richthofenstr. 29, 31137 Hildesheim; e-mail: support@sisyfox.com; phone: +49 157 80612351) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the model withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, SisyFox GmbH must repay all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
End of the cancellation policy
Special note on the premature expiry of the right of withdrawal:
Your right of revocation expires prematurely if we have started the execution of the contract before the end of the revocation period, after you as the user have given your express consent to this and have confirmed your knowledge that you lose your right of revocation by giving your consent with the start of the execution of the contract.
Cancellation form
(If you wish to revoke the contract, please fill out and return this form).
- To SisyFox GmbH, Richthofenstr. 29, 31137 Hildesheim; E-Mail: support@sisyfox.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
- Date
___________
(*) Delete where not applicable.
6 Duties of the User
6.1 When using the Game, the User must not use any other software or routines that could interfere with SisyFox's systems or those of other Users. This includes actions that could lead to an unreasonable overload of SisyFox's systems. The use of special software, particularly for the systematic or automatic control of games, is not permitted.
6.2 The User may not use software or exploit programming errors that lead or could lead to the obtaining of Premium Content in the Games or other unintended benefits for the User without a Premium Agreement having been concluded and the User thus being obliged to pay the consideration for such Premium Content. In the event of unjustified obtaining of Premium Content, SisyFox may delete or disable the unjustifiably obtained Premium Content or other benefits. For the avoidance of doubt, the foregoing shall not apply to the extent that Premium Content can be acquired for its intended purpose as a reward for specific game actions.
6.3 The User may not use any software in connection with the services of SisyFox GmbH that enables "data mining" or otherwise collects information in connection with the Game.
6.4 The User may not use Premium Content outside of the relevant Game, buy it for real money (except via the App Stores), sell it, trade it or attempt to do so.
6.5 The User must comply with all applicable laws when using any communication features within the Games and must not infringe the rights of any third party. Certain content is furthermore undesirable within the Games because it contradicts the character of the Games as entertainment media suitable for families. In concrete terms, this means that users must not:
- post any bullying, threatening, harassing, insulting or defamatory, discriminatory, political, immoral, pornographic, morally reprehensible, offensive, violent, glorifying violence, sexist, right-wing or left-wing extremist content or content that violates laws, in particular youth protection laws, or link to such material on a third party website or advertise, offer or distribute such content or products that violate laws, in particular youth protection laws; and
- publish, reproduce, make publicly available or distribute content protected for the benefit of third parties, in particular in violation of intellectual property rights, advertise, offer or distribute goods or services, engage in or promote anti-competitive activities, request other users to provide personal data for commercial or unlawful purposes or to provide access data, organize or advertise commercial activities and sales of third parties, reproduce or make publicly available an image of another person without the written consent of the person concerned, or publish personal data and confidential data without being authorized to do so.
6.6 SisyFox is entitled to delete content that violates applicable law and/or these GTC.
6.7 The User may only use the Game for private purposes, unless SisyFox has expressly agreed in writing in advance to any other use in individual cases.
6.8 Violation of these TOS may result in termination for cause. Instead of such termination, SisyFox may, at its discretion, threaten or implement less severe (sanction) measures of any kind to enforce the provisions of these TOS. This includes, in particular, issuing a temporary or permanent virtual ban, warning the User or temporarily or permanently excluding the User from individual game functions.
6.9 Users are obligated to regularly back up all their data on the devices on which they use the games in a manner appropriate to the risk.
7 Rights; Indemnity
7.1 SisyFox grants the User a simple (non-exclusive) non-transferable and non-sublicensable right of use for private use with regard to the Game for the duration of the Agreement. This includes the download, also multiple times, to the device(s) linked to the respective account in the respective App Store. Furthermore, the Game may not be reproduced, distributed, publicly performed, broadcast or made publicly available on the Internet or via a network, edited or stored on data carriers. It may also not be used or exploited commercially. Furthermore, decompilation, disassembly and reverse engineering are prohibited unless expressly permitted by law.
7.2 If the User sends SisyFox feedback, suggestions and/or ideas (collectively, "Feedback") regarding the Game or possible further developments or new developments of Games, SisyFox may incorporate the Feedback into its products and/or further develop them and exploit it as part of the products, or otherwise publish, edit, use and exploit it. For all Feedback provided by the User, the User grants SisyFox GmbH, free of charge, the perpetual, non-exclusive, territorially unrestricted, royalty-free, transferable and sublicensable right to reproduce, edit, distribute, and make available to the public (in whole and/or in part, and in each case also with respect to adaptations thereof) and otherwise exploit it by SisyFox. SisyFox is under no obligation to respond to and/or use or exploit any Feedback. The User waives all moral rights, if any, in connection with the possible use and exploitation of the Feedback.
7.3 The User shall indemnify SisyFox against all claims, including claims for damages, asserted by third parties on account of an infringement of their rights by the conduct or the posted content or data of the User. He is also obliged to reimburse SisyFox for the reasonable costs incurred as a result, in particular the costs arising from any legal defense that may be required (including lawyers' fees that are customary in the market and are not limited to the statutory fees). This shall not apply if the user is not responsible for the infringement. All further rights and claims of SisyFox remain unaffected.
8 Warranty; Liability
8.1 Insofar as services are provided by SisyFox free of charge, there shall be no warranty claims and SisyFox shall only be liable in accordance with the statutory provisions for intent and gross negligence; SisyFox shall only be liable for defects insofar as it has fraudulently concealed them.
8.2 Insofar as services are provided against payment, the User's warranty claims shall be governed by the statutory provisions, unless otherwise provided in this Section 8.2.
8.2.1 A warranty shall only be assumed for the respective current program version.
8.2.2 The statutory liability of SisyFox for damages and reimbursement of futile expenses is unlimited only in the event of intent or gross negligence, negligent or intentional injury to life, limb or health, due to the assumption of a guarantee (which must be expressly designated as such in order to be a guarantee in the legal sense), as well as due to mandatory liability under the Product Liability Act. Material contractual obligations are obligations the fulfillment of which makes the achievement of the purpose of the contract possible in the first place, and compliance with which the contractual partner may therefore regularly rely on.
8.2.3 In cases other than those mentioned in clause 8.2.2, SisyFox is liable for slight negligence only in the event of a breach of a material contractual obligation. Otherwise, SisyFox shall not be liable for slight negligence.
8.2.4 Compensation for damages for the slightly negligent breach of material contractual obligations pursuant to clause 8.2.3 shall be limited to the foreseeable damage typical of the contract.
8.3 To the extent that SisyFox is liable for loss of data under the foregoing, the amount of such liability shall also be limited to the costs that would be required to restore the data if the User had made reasonable regular backups.
9 GTC Amendments
9.1 SisyFox reserves the right to amend these T&Cs and other terms and conditions with effect for the future in accordance with this clause 9.
9.2 SisyFox will inform the User in text form (e.g. by message within the Game or by e-mail) at least 4 weeks in advance of any changes for necessary reasons, such as extensions to services or changes to the Game, changes to laws or case law, or other equivalent reasons that do not affect the main service obligations of the parties. The GTC will then be deemed to have been approved if the User does not object in writing or in text form within 4 weeks of receiving this information. The deadline for objection and the consequences of silence shall be pointed out separately in the information.
9.3 Changes other than those mentioned in section 9.2 require the user's consent, which can be requested at the next start of the game.
9.4 If an objection is made in accordance with clause 9.2 or if consent is not given in accordance with clause 9.3, the User shall retain the right to use the current version of the Game. However, SisyFox may make the use of an extended version of the Game conditional upon the User's consent to the amendment to the GTC.
10 Applicable law, place of jurisdiction
10.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user is domiciled in another member state of the EU, this choice of law shall not result in the mandatory consumer protection provisions of his home country's law being waived.
10.2 For disputes with the User, the statutory place of jurisdiction shall apply insofar as the User has a general place of jurisdiction in Germany. If the User has moved his domicile or habitual residence out of Germany after the conclusion of the contract or if his domicile or habitual residence is not known at the time the action is filed, the place of jurisdiction shall be Hildesheim.
Status: March 21, 2025
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