Terms of use for the games

1. Who we are and what these terms cover

1.1 These terms of use apply to all mobile games published on Google Play under the brand "stillmeasure. games", currently Snake Escape, Plokko and Candy Blast, including all purchases in these games.

1.2 The provider and your contractual partner is:
Tobias Marks, MarksFinanceGroup (sole proprietorship), brand "stillmeasure. games"
Sponheimer Str. 14, 55595 Mandel, Germany
Email: contact@stillmeasure.com · Contact form: www.stillmeasure.com/contact/
VAT ID: DE310075733

1.3 Your own terms do not apply. Google Play's terms also apply to downloads and payments. How we handle data is explained in our privacy policy for the games.

2. Free use

2.1 The games are intended for people aged 16 and over. They are free. A free-of-charge contract of use under these terms is concluded when you download and open a game.

2.2 You don't need an account. Your progress is stored only on your device (and, if you have turned it on in Android, in your Android backup at Google). We cannot restore lost progress.

2.3 The games are funded by ads (section 5) and optional purchases (section 6).

3. Your licence

3.1 For the duration of this contract we grant you the simple, non-transferable and non-sublicensable right to use the games on your own devices for private, non-commercial purposes. The games, their levels, graphics, music, texts and trademarks remain our property or that of our licensors.

3.2 You may not
a) copy, distribute, rent out or make publicly available the games or parts of them, unless the law allows it;
b) modify, decompile or reverse engineer the games, except where Sections 69d and 69e of the German Copyright Act mandatorily allow it;
c) use or distribute cheats, bots, mods or other tools that bypass ads, obtain rewards fraudulently or unlock purchases without paying;
d) deliberately exploit bugs to gain advantages or paid content;
e) trade game content, in-game currency or items for money or anything of monetary value.

3.3 Open-source components (e.g. fonts under the SIL Open Font License) are subject to their own licences. You can find them in the game under "Settings → Licences".

4. Availability, updates, changes to the game

4.1 The games work largely without internet. Ads, purchases and restoring purchases require a connection to Google.

4.2 We provide the updates needed to keep purchased content in conformity with the contract (including security updates) and inform you about them via Google Play (Section 327f German Civil Code, BGB). If you do not install such an update within a reasonable time, we are not liable for defects resulting solely from that.

4.3 We may change the games for a valid reason, e.g. to adapt them to new Android versions, Google requirements or changes in the law, to fix bugs, to improve game balance or to add new content. This costs you nothing. If a change impairs your access to, or the usability of, purchased content more than insignificantly, we will inform you in good time beforehand; your rights under Section 327r BGB (in particular to end the contract within 30 days) remain unaffected.

4.4 We may remove a game from Google Play. Games already installed and purchased permanent content remain usable on your device as far as Google Play and Android allow.

5. Ads and rewarded videos

5.1 The free games show ads from Google AdMob, e.g. full-screen ads between levels and videos you choose to watch to get a reward (e.g. a hint or another try). Whether ads are personalised is up to you in the consent form (see privacy policy).

5.2 You get a reward once the video has been watched completely and Google reports it as completed. We cannot guarantee that a video is always available.

5.3 Advertisers are responsible for the content of their ads. We limit ads to the content rating "G" and block sensitive categories, but we cannot control every single ad.

6. Purchases in the game

6.1 What you can buy. Some games let you buy content for money, e.g.:

• "Ad-free": a one-time purchase per game. It removes all ads in that game, including rewarded videos, and gives you the replacement benefits described on the purchase screen (e.g. daily free hints). It applies only to the game in which you bought it.
• packs of hints or in-game coins (consumables), where a game offers them.
• permanent content (e.g. skins), where a game offers it.

What exactly a purchase includes is shown on the purchase screen of the game.

6.2 Conclusion of contract. What the game shows is not yet a binding offer. You make your offer when you confirm the purchase in the Google Play payment window. The contract is concluded when Google Play confirms the purchase. We then unlock the content immediately.

6.3 Payment via Google Play. Payment is handled by Google Play. For users in the EU, Google acts as merchant of record on our behalf. Google's payment terms apply. The price shown by Google Play before the purchase applies; it includes statutory VAT.

6.4 Restoring. Permanent purchases (e.g. "Ad-free") are linked to your Google Account. The game restores them after a reinstall or on a new device with the same Google Account ("Settings → Restore purchases").

6.5 Minors. Minors need their parents' permission to make purchases. Parents can protect purchases in Google Play with purchase authentication or Google's parental controls.

6.6 Refunds. You can request a refund from Google Play or from us by email (please include the order number "GPA.…" from Google's purchase confirmation). Your statutory rights remain unaffected.

7. In-game currency and virtual items

7.1 Coins, hints and other virtual items are a right to use certain features in the game. They are not money, have no value outside the game and cannot be exchanged for money, paid out, sold or transferred to other people or other games.

7.2 In-game currency and consumable items are stored only on your device. If you clear the app data, reset your progress or uninstall the game without an Android backup, they are lost. The game warns you about this before a reset. Google Play restores permanent purchases (section 6.4).

7.3 Purchased consumables are credited exactly once. If we change in-game prices (e.g. the coin price of a hint), this applies only to future use; quantities you have already bought stay the same.

7.4 Your statutory rights, in particular in the event of defects in purchased content (Sections 327 et seq. BGB), are not affected by this section.

8. Right of withdrawal for consumers

If you are a consumer, you have a statutory right of withdrawal for purchases:

9. Warranty and liability

9.1 For purchased content, the statutory rights in respect of defects in digital products (Sections 327 et seq. BGB) apply without restriction.

9.2 For the free use of the games, we are liable only for intent and gross negligence and for fraudulently concealed defects.

9.3 Otherwise we are liable without limitation
a) for intent and gross negligence,
b) for injury to life, body or health,
c) under a guarantee we have given,
d) under the German Product Liability Act.

9.4 In cases of slight negligence outside section 9.3, we are liable only if we breach an essential contractual obligation, i.e. an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely (e.g. unlocking paid content). In that case our liability is limited to the foreseeable damage typical for this kind of contract.

9.5 Otherwise our liability is excluded. These limitations also apply to persons we use to perform our obligations.

10. Term and ending use

10.1 You can stop using a game at any time by uninstalling it. This does not refund content already purchased; your statutory rights remain unaffected.

10.2 We may end the free contract of use with four weeks' notice, e.g. if we discontinue a game. Paid permanent content remains usable as long as the game runs on your device (section 4.4).

10.3 Both sides' right to terminate for good cause remains unaffected.

11. Changes to these terms

If we change these terms, we will publish the new version at www.stillmeasure.com/games/terms/ and point it out in the game. Purchases are governed by the version valid at the time of purchase. Changes that would reduce existing rights from earlier purchases apply only if you expressly agree to them.

12. Governing law, dispute resolution

12.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another country, you keep the protection of the mandatory provisions of that country's law.

12.2 We are not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration board.

12.3 If any provision is invalid, the remaining provisions stay valid. The statutory provision replaces the invalid one.

13. Contact

Questions, purchase problems, withdrawal: contact@stillmeasure.com · www.stillmeasure.com/contact/ · Withdraw from contract
We reply to purchase problems within three business days.

You'll find the German version at Nutzungsbedingungen für die Spiele.