Terms & Conditions
Version
The following Terms and Conditions of Use apply to anyone who installs (hereinafter referred to as the “User”) Scratchy (hereinafter referred to as the “App”).
The Scratchy app is offered and operated by Scratchy (hereinafter referred to as the “Provider”). Detailed contact information about the Provider can be found in the legal notice at www._________
1. Registration, Use Requirements, Password
1.1. The use of the App is possible without special costs after registration. The registration takes place by entering the email address or Google. Anyone may register if they fulfill the following requirements:
(a.) over 18 years of age and therefore fully contractually capable,
(b.) provide the mandatory details requested during registration completely and truthfully, and
(c.) currently have no user account for the App.
1.2. By completing and submitting the registration form, the User requests that a user account be set up for the App. By subsequently confirming or carrying out the registration via the Provider, a user relationship will be established, entitling the User to use all services and functions of the App.
1.3. The use and registration in the App are only permitted for private purposes. There is no right to registration or login, or to the use of corresponding services and functions of the App. The User is obliged to provide complete and correct details. Only one user account may be set up per user. The transfer or sale of a user account to third parties for one’s own purposes is not permitted. Email addresses or self-selected user names may not violate the interests and rights of other users or break laws.
1.4. Upon registering, the password selected by the User for its user account will be assigned. The User may not disclose the password, or make it accessible, to third parties, and must store it carefully to prevent misuse. The User is obliged to inform the Provider immediately if the password is lost or it becomes aware that unauthorized third parties have gained knowledge of the password. The User is liable for any misuse by third parties unless it provides evidence that it is not at fault.
2. Term, Cancellation, Right to Withdrawal
2.1. Registration in the App and the associated opportunity to use the App to its full extent apply until cancellation, which can be declared by the User or the Provider with a notice period of one month.
2.2. The right of the contracting parties to extraordinary termination for cause remains unaffected. For the Provider, cause is, in particular, if (i) the User uses the App in breach of the contract, in particular for commercial purposes or misuse, or in breach of the conduct obligations in Fig. 11 of these Terms and Conditions of Use, or (ii) the application for registration was improper or misused.
2.3. Any cancellation must be in text form. The User can send a cancellation notice to the address of the Provider named in the legal notice. The Provider can send a cancellation notice to the email address last stated by the User in the user account.
2.4. After the expiry of the cancellation notice period, or upon another termination of the user relationship between the User and the Provider, the right of the User to further use of the services and functions of the App, which is necessary for a registration or login, will cease to apply. Access to data and content that were associated with the User account is generally no longer possible for the User after cancellation.
2.5. The statutory right of the User to cancel the user contract substantiated with the registration within two weeks after the activation of the user account, by notifying the Provider, remains unaffected.
2.6. After a cancellation or withdrawal, the User is free to continue to use the Preset Apps it has acquired from the partner companies of the Provider.
3. General Service Description
The application is designed to display a digital scratch board consisting of 30 digital scratch cards containing a table of contents according to the user’s choice in categorization and by customizing according to the answers to questions displayed in the iCard window. Participation in the App is for entertainment purposes only and written recommendations are not a substitute for medical opinion or advice. The user produces scratch boards for themselves for 30 days (every 24 hours it is possible to scratch only one card of their personal choice). After 30 days of free use (scratching a full digital card board), the user will be asked to continue the activity in the app by purchasing: credit card or crypto (in-app purchases).
4. Cash Payments
4.1. Cash payments will be transferred by the Provider to a normal bank or online account of the User (e.g., via PayPal). For this purpose, the User must provide their payment details as part of the payment of the awards (bank details, email, and user name for their online account, if necessary). The Provider will store this information for future transactions.
4.2. Virtual awards could be given via email, push messages, SMS, or by clicking on a button.
5. Awards
5.1. Awards could also be voucher codes that the User can redeem in this app. When redeeming coins for a voucher, the Provider’s performance is limited to a voucher code being sent to the User by the Provider, granting the User a right to conclude a contract with the respective issuer of the voucher or the party stated for the respective voucher as the Provider of the service, under the terms and conditions stated in the respective voucher. The Provider does not accept any responsibility for the capability or creditworthiness of the voucher partner and does not owe the services stated in the voucher. The voucher partner is solely responsible for the handling of this contract, including any guarantee claims.
5.2. For the redemption of awards, the exchange rate at the time of redemption always applies. The Provider reserves the right to continuously change and adjust the exchange rate. The User has no entitlement to the maintenance or granting of a certain exchange rate.
The User shall not be entitled to the payment or redemption of the reward, particularly if they have technically manipulated the outcome of a game or the App itself.
6. Fees
The use and registration in the App take place without the collection of fees or costs.
7. Rights to the Content Provided by the Provider
The content provided in the App by the Provider is protected by copyright and ancillary copyright. The duplication, public reproduction, or other use or exploitation of such protected content is not permitted without the permission of the respective right holder. The users may use, access, store, and print the content only for the purposes of the contractual use of the App and for private use, provided that this is neither directly nor indirectly for the purposes of acquisition.
8. Availability, Data Security
8.1. The Provider does not guarantee that the App, and services and functions subject to registration, will always work and always be available uninterruptedly and error-free. The User must ensure a sufficient internet connection themselves. The User is aware that the games and services, as with any software, can never be completely free from error. The User is responsible for adhering to the system requirements necessary for the use of the App, particularly regarding the operating system they use. However, the Provider will endeavor, to the best of its abilities and to the most economically reasonable extent, to enable the uninterrupted and error-free operation of the App at all times.
8.2. The Provider may restrict access to and availability of the App, and services and functions that are subject to registration if the security of the network operations, the preservation of the network integrity, and particularly the prevention of severe disruptions to the network, software, or stored data require it.
8.3. The Provider is not obliged to provide updates or upgrades for the App or adjust the App in any other way to any changes in hardware and/or software (particularly operating systems).
9. Guarantee/Liability
9.1. If the Provider is made aware that the App displays errors that significantly impair its suitability for the contractual use, it will endeavor to rectify the errors as soon as possible, for example by providing an update. This excludes errors that are not within the area of responsibility of the Provider, e.g., errors that occur via updates to the Android operating system.
9.2. The use of the Preset Apps is regulated exclusively by the User contract existing between the User and the partner company of the Provider, and any terms and conditions of use set by the partner company. It is the sole responsibility of the User to inform themselves about the essential matters as necessary for the decision on concluding a contract or agreeing to the terms and conditions of use of the partner company.
The Provider will not become a contractual partner of the User with regards to the use of the Preset Apps. The Provider assumes no responsibility in this regard for material defects or defective title. In addition, the Provider is not responsible for the correctness, completeness, and/or topicality of the content of the Preset Apps. The Provider does not appropriate the content of these apps and is not liable for damage caused by or due to the use of these apps. In addition, the Provider does not accept responsibility for the services of the partner companies being provided properly.
9.3. The Provider is otherwise liable to an unlimited extent for intent and gross negligence. The Provider is only liable for simple negligence if its vicarious agents or legal representatives breach a duty that is of significant importance to the achievement of the contractual purpose (so-called cardinal obligation). In this case, the liability is limited to foreseeable damage; this will be a maximum of the amount of the fee paid by the User for the use of the App or services and functions that are subject to registration. The above-mentioned limitation of liability does not apply to claims that result from product liability law or for personal injury. However, if the liability of the Provider is excluded or limited, this also applies to the personal liability of its legal representatives and vicarious agents.
10. Rules of Conduct of the User
10.1. The User may not load, store, distribute, present, make public, publish, refer to, or link, with the aid of the App, any content that could violate or impair the personality rights and/or property rights of third parties, and/or is considered obscene, offensive, defamatory, lewd, violence-glorifying, pornographic, harassing, unsuitable for minors, racist, hate speech, xenophobic, extreme right-wing, or otherwise objectionable, and/or contains or represents viruses, Trojans, circumventions within the sense of access control service law, or unsolicited mass transmissions (so-called “spam”), and/or serves and/or is suitable to read, store, or transfer personal data of other members for purposes other than the proper use of the offering, and/or invites participation in chain letters, pyramid schemes, or bonus share promotions or has other marketing purposes.
10.2. The User may only set up one account in the App (“prohibition of multiple accounts”).
10.3. The use of the App is only permitted by means of tools provided by the Provider or otherwise permitted (“prohibition of the use of unauthorized scripts”). This means the following in particular: The use of programs that cause a disproportionate load on the server is not permitted. The use of software for the systematic or automatic control of the App or individual game functions (bots or macros) for the reproduction or analysis of games, game elements, or the content set in the app is not permitted.
10.4. The Provider reserves the right to exclude the User and their end devices from the services, in the event of impermissible use behavior, without stating the specific reason (impermissible behavior includes, for example, the use of multiple end devices from one IP address [if this is not customary at the respective location or in the respective country], multiple use of user accounts that are linked to payment service providers, and certain changes to the mobile operating systems, such as the granting of unrestricted admin access, installation of malware or a specific modification of the operating system, etc.);
11. Changes to the Terms and Conditions of Use and the App
The Provider reserves the right to change these Terms and Conditions of Use at any time and add new or additional terms or conditions for your use of the services. The User will be informed about these changes and additional terms and conditions, and if they are accepted by the User, they will become effective immediately and will be included in this agreement. If the User rejects such changes, the Provider has the right to terminate the agreement.
12. Data Privacy
The use of the App is subject to the Data Privacy Statement in its current version, available under the “Privacy policy” (data privacy) heading within the App. Unless the User has explicitly consented to further processing and use, the Provider will only use the personal data given during the registration, provided that and as long as this is legally permitted, to provide the services and functions subject to registration in particular. Further information about what happens to the personal data of the User can be found in the Data Privacy Statement and its corresponding declaration of consent, which must be confirmed before the active use of the App.
13. Final Provisions
13.1. Server Time
If a date and/or time is decisive for declarations and legal transactions, the displayed server date and the displayed server time of the App is decisive.
13.2. Applicable Law and Place of Jurisdiction
The applicable material law will be the specified law, excluding any reference rules. This remains valid even if the User accesses the App from outside the specified jurisdiction.
The designated place of jurisdiction for all claims related to an order is Tel Aviv, provided that the User does not have a place of residence or habitual residence in Israel, or if the registration in the App is associated with the User’s commercial or self-employed activities. The Provider retains the right to also file suits at the User’s general place of jurisdiction. The mandatory provisions of relevant regulations take precedence.
13.3. Sub-providers and Contract Takeover
The Provider is entitled to entrust third parties, in whole or in part, with the provision of the agreed services at any time. Moreover, the Provider can assign its rights and duties from this contract to one or more third parties (contract takeover). In the case of a complete contract takeover, the User has the right to cancel the contract without notice.
13.4. Text Form
Agreements deviating from these Terms and Conditions of Use must be in text form in order to be effective. This also applies to a cancellation of the written form requirement.
13.5. Severability Clause
Should a provision of these Terms and Conditions of Use be or become invalid, the validity of the remaining clauses will be unaffected. The invalid or unenforceable provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies in the case of a loophole.