Terms of service for Mau-Mau Kids
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These terms of service (end user licence agreement) apply to the Mau-Mau Kids app for iOS and Android. They are a binding contract between you and Frabert UG (haftungsbeschränkt) for the licence to use the software. The store concerned only handles the payment transaction (see Scope and relation to the store terms). The terms are available in German and English. Both versions have the same content; only the German version is binding. This English version is a convenience translation and is not binding.
In short
- Mau-Mau Kids is a card game for children aged 5 to 12, played alone against computer opponents and without an internet connection.
- You pay for the app once, when you buy it on the App Store or Google Play. There are no in-app purchases, no subscription and no ads.
- Buying the app gives you the right to use it privately, including together with the children in your household.
- Purchase, payment, withdrawal and refunds are handled by the store you bought from.
- Your statutory consumer rights remain fully intact.
Provider
The provider of the app and your licensor is:
Frabert UG (haftungsbeschränkt)
Zimmerstraße 3
76137 Karlsruhe
Germany
Represented by the managing directors: Robert Borchers, Frank Schmid
E-mail: support@frabert.de
Further details are in our legal notice (Impressum).
Scope and relation to the store terms
These terms govern how you may use the app. They are a binding contract between you and us, Frabert UG (haftungsbeschränkt), for the licence to use the software.
You get the app through the Apple App Store or Google Play. The payment transaction is handled by the store concerned, not by us. On Google Play, Google acts as our agent and marketplace service provider and is the contracting party for the payment (merchant of record); the content there is offered by Google Commerce Limited. On the App Store, Apple's Media Services Terms apply. The purchase, payment, withdrawal and refunds are governed by the terms of the store concerned. The store's terms are not affected by these terms of service.
If you get the app through the Apple App Store, Apple's standard end user licence agreement (Licensed Application End User License Agreement) also applies. If these terms of service and Apple's standard licence agreement conflict, Apple's standard licence agreement prevails for the iOS version.
Children and parents
Mau-Mau Kids is made for children. However, the app can only be bought by someone who has an App Store or Google Play account and is allowed to make purchases with it – usually a parent or another guardian. Whoever buys the app is our contracting party under these terms of service. These terms are therefore addressed to parents and guardians.
As a parent or guardian, you decide whether, and for how long, your child uses the app. The app contains no purchase options, no ads, no chat and no connection to other players.
Your right to use the app
When you buy the app, we grant you the simple (non-exclusive), perpetual right to use the app for private, non-commercial purposes. You may install and use the app on the devices you own or control, to the extent the rules of the store concerned allow this. The children and other members of your household may also use the app on these devices. If the store allows purchases to be shared within a family (for example through Apple's Family Sharing or Google Play's Family Library) and this is enabled for the app, the right of use also extends to the family members entitled in this way.
Unless mandatory law permits otherwise, you may not:
- sell, rent, lend, pass on or make publicly available the app or any part of it;
- perform the app in public outside the private sphere or use it commercially;
- modify, decompile or reverse-engineer the app; your rights under Sections 69d and 69e of the German Copyright Act (Urheberrechtsgesetz) are not affected;
- remove copyright notices, trademarks or licence notices from the app.
All rights in the app, in particular in the program code, graphics, card and character designs, music and sounds, remain with us or our licensors. You receive only the rights expressly granted in these terms.
Open-source components
The app contains open-source software. These components are governed first and foremost by their respective open-source licences; these terms of service do not restrict the rights those licences give you. A list of the components with their licence texts is available in the app under Settings → About / Open-Source Licenses.
What the app offers
The app's features are those described in the store listing of the store concerned at the time of your purchase. The listing also states the system requirements, i.e. which operating system versions the app supports.
All game content is available from the first launch. Additional card backs are unlocked by playing only and cannot be bought.
The app stores game statistics, settings and unlocked card backs only on your device. We have no access to this information and no copy of it. If you uninstall the app or clear its data, this information is lost; we cannot restore it. Details are in the privacy policy.
Price, purchase, withdrawal and refunds
The app costs a one-time price, as shown by the store at the time of purchase. The app causes no further costs.
All billing, refunds and the statutory right of withdrawal for the purchase are handled exclusively by the store concerned: on Google Play under the Google Play Terms of Service, on the App Store under Apple's terms. Whether and how you can withdraw from a purchase or obtain a refund is therefore governed by the terms and refund policies of the store you bought the app from. Your statutory rights as a consumer are not affected. We do not receive your payment directly and therefore cannot pay out a refund ourselves. We are still glad to help with any problems with the app (see Help and contact).
Updates
We provide updates, including security updates, to the extent they are necessary for the app to keep working as agreed, for the period you can reasonably expect given the nature and purpose of the app. You receive updates through the store concerned. If you do not install an update that has been provided, the app may not work properly.
Defects
If the app is defective, you have the rights provided by law, in particular the rights under consumer contracts for digital products (Sections 327 et seq. of the German Civil Code, BGB). These terms neither exclude nor restrict those rights. Please report bugs in the app to us so that we can fix them.
Liability
We are liable without limitation
- for intent and gross negligence,
- for damage arising from injury to life, body or health,
- under the German Product Liability Act (Produkthaftungsgesetz), and
- where we have given a guarantee or fraudulently concealed a defect.
Otherwise, in cases of slight negligence we are liable only if we breach an obligation whose fulfilment is essential to the proper performance of this contract and on whose fulfilment you may regularly rely (material contractual obligation). In that case, our liability is limited to the damage that was foreseeable and typical for this type of contract when the contract was concluded. In all other respects, our liability for slight negligence is excluded.
These provisions also apply in favour of our legal representatives, employees and vicarious agents. Your statutory rights in the event of defects (section Defects) are not affected.
Help and contact
If you have questions or problems with the app, you can reach us by e-mail at support@frabert.de. Please send questions about data protection to legal@frabert.de.
Changes to these terms of service
We update these terms when the app or the law changes. The date of the last change is shown at the top of this page. Changes that would alter your rights from a purchase already made to your disadvantage apply to you only if you agree to them. Without your consent, the version that applied at the time of your purchase remains authoritative for you. We will send you that version on request.
Applicable law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer and your habitual residence is in another country, you keep the protection of that country's mandatory consumer protection rules.
Consumer dispute resolution
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
Final provisions
If any provision of these terms is invalid, the remaining provisions remain valid. The invalid provision is replaced by the statutory rules.