General Terms and Conditions (GTC)

last updated 6th of December 2022

The application provided under these General Terms and Conditions (the "app" or „application“) is offered by reignite GmbH (hereinafter "REIGNITE GMBH"). Access to the application and the services related to the app is provided exclusively based on these General Terms and Conditions ("GTC") and and shall apply in consideration in combination with our Terms of Service. Please note that the General Terms and Conditions invariably apply. The GTC are intended in particular to regulate the relationship between the User and the provider (reignite GmbH) and to offer detailed specifications for payment transactions. Furthermore other detailed regulations and specifications can be found in the Terms of Service or the Community Guidelines.

1. SCOPE OF APPLICATION AND CONCLUSION OF AGREEMENT

(1) An effective software license agreement with REIGNITE GMBH (hereinafter "Software License Agreement") is required for participation in the application. If the app must be purchased, the app's use is only available to those who have purchased the app and concluded a Software License Agreement.(2) By setting up an app account, the user submits a binding offer to conclude a Software License Agreement for an indefinite period of time. In doing so, the user (hereinafter the "User") is requested to agree to the inclusion of these GTC as amended from time to time. Without such consent, participation in the app shall not be possible.(3) The validity of any terms and conditions of users of the app (hereinafter "Users")is hereby expressly rejected. Any terms and conditions of Users shall only apply ifREIGNITE GMBH has expressly agreed to these in writing.(4) Additional application rules, participation requirements, and communication standards for the application (collectively: "Community Guidelines" or „End UsersLicense Agreement“) are published on the Company's websites or in the applicationitself, as applicable. By participating in the application, the User also accepts theseapplication rules as binding. In case of discrepancies between these GTC and theapplication rules, these GTC shall prevail over the application rules unless theapplication rules expressly provide for precedence over these GTC.(5) REIGNITE GMBH offers the application exclusively to consumers within the meaning of section 13 of the German Civil Code (BGB). Using the Application for profit or other commercial purposes is not permitted. Participation in the application is for entertainment purposes only.(6) REIGNITE GMBH offers participation in the Application to all persons who have reached the age of 18 at the time of registration for the application. Minors below the age of 18 are only entitled to use if they have the consent of their legal representative. All persons whose application account has been blocked in accordance with these GTC are explicitly not eligible to participate.(7) REIGNITE GMBH shall be entitled, but not obliged, at any time to demand written evidence for the User's age of majority, or rather, the declaration of consent of its legal representative. When a User below the age of 18 continues to use their application account upon reaching the age of 18, their consent shall be effective instead of the consent of their legal guardian.(8) The agreement must be concluded in person. Registration and login by thirdparties, particularly third parties who make registrations of individual persons commercially with various tele-media providers (registration services or entry services), are not permitted. Excluded from this are all single sign-on services (SSO), which are offered by reignite GmbH for the purpose of registration or login (e.g. Google, Apple, Discord SSO).(9) With the successful setup of an application account, a Software License Agreement is concluded that entitles the User to use the Application under the following conditions.

2. DESCRIPTION OF SERVICES

(1) REIGNITE GMBH offers Users free use of the application. In addition, REIGNITE GMBH offers the User the possibility of acquiring paid credits that can be used, among other things, to activate premium features (additional paid functions). Credits are bound to the respective application and are only valid for the application account with which they were acquired. Premium features may be subject to terms and expire over time. The respective terms are clearly indicated at the time of purchase. Where available, Users may also have the option of purchasing virtual goods or bundles of such virtual goods against payment.(2) For the duration of the existence of the Application License Agreement, REIGNITE GMBH grants the eligible Users (see Section 1) a simple right to use the Application that is limited in terms of territory, time, and content, and is revocable, non-exclusive, non-sublicensable, and non-transferable in its respective current version. The right of use applies exclusively to private, i.e., neither commercial nor industrial use. The right of use is limited to the application with the application account. A User may not have more than one application account for the application at any time.(3) The Application is a live application inherently characterized by the fact that it can change at any time. REIGNITE GMBH reserves the right to further develop the application, the various free features, purchasable content, bundles, currencies and the premium features in order to maintain interest in the application for as many Users as possible in the long term. The User shall be appropriately informed in this respect. No additional costs shall be incurred to the User as a result of such changes.(4) REIGNITE GMBH reserves the right to discontinue the operation of the application at any time without giving reasons. REIGNITE GMBH shall announce the discontinuation of the operation of the application in advance with a reasonable period of notice (max. 2 weeks before shutdown) in accordance with Section 9 of these GTC.

3. PAID ACQUISITION OF CREDITS OR VIRTUAL GOODS

(1) For premium features, the purchase of credits, or the purchase of virtual goods, the at the time of the respective order are valid. All prices include value added tax (if VAT is applicable). REIGNITE GMBH is entitled to demand a fee for the acquisition of credits or virtual goods in advance.(2) Should REIGNITE GMBH incur chargebacks or cancellations due to behavior for which the User is responsible, REIGNITE GMBH shall be entitled to discontinue the services and block the User's application account as well as terminate the Application License Agreement in accordance with the requirements of Section 9.(3) REIGNITE GMBH can offer the Users the option of having the block deactivated by paying the service fees owed plus the additional costs incurred by REIGNITE GMBH and a processing fee. The offering of such an option is at the discretion of REIGNITE GMBH. REIGNITE GMBH will always offer such an option, subject to Paragraph (4) of this Section, provided that the User can demonstrate that the chargeback or cancellation was caused by a typo or similar excusable negligent or non-culpable conduct on the part of the User. REIGNITE GMBH will always refuse to re-activate the service if there are serious indications of intentional behavior by the User. This applies in particular if there is reasonable suspicion that the cancellation or chargeback is due to attempted credit card fraud.(4) For the following countries, the unblocking of a blocked application account is generally not possible for technical and legal reasons: Algeria, Armenia, Azerbaijan, Bahrain, Djibouti, Egypt, Indonesia, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Autonomous Palestinian Territories, Saudi Arabia, Somalia, Sudan, Tunisia, United Arab Emirates, Vietnam, Western Sahara, Yemen, Qatar.

We accept the following forms of payment:

We use mollie.com for payment processing with the following connected payment methods:

-  Credit Card

-  Giropay

-  Apple Pay

-  Sofort Bank transfer

-  Paypal

4. VIRTUAL CURRENCY AND VIRTUAL GOODS

(1) When credits are added to the User's application account, the User receives a simple right of use for the credits acquired, which is limited in time to the application  contents, and which is non-transferable or sub-licensable. Accordingly, when referring to the transfer of credits, the terms "sell" or "buy" mean the transfer or acquisition of the right of use described above for a consideration. The terms "buyer", "seller", "sale", and "acquisition", and similar terms have a corresponding meaning in the context of credits. This shall also apply accordingly to other virtual goods.(2) Any trading or exchange of credits, application money, or other virtual currencies, or any virtual goods used in connection with the application for real money or other consideration outside of the application is expressly prohibited. This shall not apply if such an exchange or trade is carried out directly with REIGNITE GMBH or if REIGNITE GMBH grants express permission for such a trade on platforms to be explicitly named by REIGNITE GMBH. A violation entitles REIGNITE GMBH to terminate the Application License Agreements of all Users involved in the respective incident in accordance with the requirements of Section 9 of these GTC.(3) Notwithstanding all other agreements and the rights of REIGNITE GMBH, the right to use the credits shall, in any case, end when the Application License Agreement concluded between REIGNITE GMBH and the User ends. Should the User decide at any point to delete their application account, willingly or by mistake, then all content, settings and purchases associated with the application account will be deleted as well and cannot be restored. The User is not entitled to receive any compensation for credits and virtual goods that are lost through accidentally deleting an account. It is at the discretion of REIGNITE GMBH that lost credits and virtual goods may be given to a new application account if the User can provide the respective proof of purchase.(4) If REIGNITE GMBH decides to discontinue the application or if the application is no longer available for reasons that cannot be specified, REIGNITE GMBH is not obligated to refund any money, content or services that have already been transferred. This applies in particular to transactions already carried out (recharges of the reignite application's virtual currency) as well as asset purchases carried out (visual content and functionalities in the app).

5. WITHDRAWAL POLICY

The user agrees to waive his 14-day right of withdrawal for transactions. REIGNITE GMBH offers an accommodating refund policy. Special notes:

The right of withdrawal shall expire prematurely for contracts regarding the supply of digital content that is not contained on a tangible medium if REIGNITE GMBH has begun with the performance of the contract after the User:1. has expressly consented to REIGNITE GMBH beginning with the performance of the contract prior to expiry of the withdrawal period, and

2. has acknowledged that by its consent, it loses the right to withdraw from the contract upon the performance of the contract having commenced.

3. REIGNITE GMBH has provided the User with confirmation in accordance with Section 312f of the German Civil Code (BGB).The User is advised to state the name of the User, the application account, the email address that's associated with the reignite account, transaction ID in the subject line of an email cancellation.If you are unsatisfied with our services, please email us at support@reignite.gg or call us at +49 (0) 170 5435057.

6. OBLIGATIONS OF THE USER

(1) Application accounts are bound to the person registered at the beginning and may not be sold, traded, given away, or otherwise transferred, unless this has been expressly approved by REIGNITE GMBH. A User may not share their application account with third parties unless this option is expressly permitted by the type of application account (in particular "dual accounts").(2) The use of the application is only permitted through the regular channels provided for this purpose. For the mobile applications through downloading the application in Google PlayStore and Apple App Store. For browser applications, this means that the usage is conducted via a common internet browser that has not been specifically modified or manipulated with the application in mind. If, on the other hand, the application requires the installation of a client, only the unmodified client software originating from REIGNITE GMBH in its respective latest version may be used to access the application. The use of older client software versions is, in most cases, not possible for technical reasons. Use of the application through modified client software originating from third parties is expressly prohibited.(3) The User undertakes to comply with the laws and regulations applicable to themwhen using all websites and Applications operated by REIGNITE GMBH.(4) The User undertakes to comply with the applicable application rules.(5) The following actions are prohibited when using the application and the communication and interaction options provided to the User by REIGNITE GMBH, including the names and titles to be chosen by the User in the application:

• Disseminating statements with insulting, harassing, violent, violence-promoting,riotous, sexist, obscene, pornographic, racist, morally reprehensible, or otherwise objectionable or prohibited content;• Insulting, harassing, threatening, scaring, or slandering of other Users;

• Spreading statements with religious or political content;

• Distributing commercial advertising or correspondingly promotional statements; Any kind of spam or mass mailing of messages, especially messages with non-application related content, chain letters, pyramid schemes, and similar forms of spam;• Spying on, passing on, or disseminating personal or confidential information of third parties (including REIGNITE GMBH and REIGNITE GMBH employees) or otherwise disregarding the privacy of third parties;

• Spreading untrue allegations about race, religion, gender, sexual orientation, origin, social position of third parties or the employees of REIGNITE GMBH;

• Spreading untrue allegations about third parties or REIGNITE GMBH;

• Pretending to be an employee of REIGNITE GMBH or an affiliated application or partner of REIGNITE GMBH; Unauthorized use of legally protected materials, in particular pictures, photographs, graphics, videos, music, sounds, texts, trademarks, titles, designations, software, or other contents of third parties;

• Use or distribution of prohibited content;

• Deliberate exploitation of bugs, exploits, other errors, vulnerabilities, or weaknesses in the programming of the application or the related website;

• Taking measures that could lead to an excessive load on the servers and/or massively affect the application flow for other Users;

• Hacking or cracking as well as the promotion or encouragement of hacking or cracking; this includes, in particular, the use of third-party software for this purpose;

• Creation or use of cheats, mods, or hacks, as well as the use of other software produced by third parties which purposefully alters the application experience of the application, without this being expressly intended by the Application;

• Spreading files that contain viruses, Trojans, worms, or other malware;

• Modifying or altering the Application, the websites of the Application, or any part thereof;

• Using software that enables "data mining" or otherwise intercepts, alters, or collects information related to the application, in particular data received and sent;

• Infiltrating the application servers or website servers of the application.(6) REIGNITE GMBH only provides a platform for creating cards and communication between the Users. The User is responsible for the content of such communication. The platform is intended only for application-related communication. Systematic misuse of the platform made available for communication for non-application purposes is prohibited.(7) A culpable violation of paragraphs (1) to (6) constitutes a breach of contract and may, depending on the severity of the act of infringement, result in a deduction of application progress, an immediate temporary suspension of the application account or an ordinary or even extraordinary termination of the Application License Agreement in accordance with the requirements of Section 9 of these GTC.(8) REIGNITE GMBH reserves the right to refuse the User the conclusion of a new Application License Agreement after a permanent blocking or deletion of an application account, especially after an extraordinary termination of the Application License Agreement caused by the User.(9) The User must keep the password received for access to the application confidential and change it regularly for security reasons. If a third party makes use of a User's applicationaccount after having obtained the related login data because the User is at fault for not sufficiently protecting such data against unauthorized access, the User must allow themselves to be treated as if the User themselves had acted. The User is free to prove that it was not the User who acted and that the User has sufficiently secured the application account against unauthorized access. For special dual accounts or comparable accounts offered by REIGNITE GMBH for multiple Users, the authorized Users may share the account data as long as all authorized Users adhere to the special usage rules for the dual accounts and observe the applicable restrictions.(10) REIGNITE GMBH will communicate with the User mainly by email. It is the responsibility of the User to ensure that emails sent by REIGNITE GMBH to the email address provided by the User during registration or later communicated to REIGNITE GMBH reach the User and, in particular, that a spam filter does not block them, and that the User takes note of such emails.

7. RIGHT OF WARRANTY

(1) Users are entitled to the statutory warranty rights for digital products.(2) The User is encouraged to document in a meaningful manner any errors and bugsthat may occur and, in particular, to report them to REIGNITE GMBH via the provided support email by screenshotting and logging any error messages displayed. This may be the only way for REIGNITE GMBH to learn about the respective error or bug, and only then can it check whether and how an error correction is possible.(3) REIGNITE GMBH does not assume any guarantees in the legal sense, unless expresslyagreed otherwise.

8. LIABILITY OF REIGNITE GMBH

(1) REIGNITE GMBH shall have unlimited liability in the event of intent and gross negligence. In the event of a breach of essential contractual obligations, REIGNITE GMBH shall also be liable for slight negligence, but in each case limited to the foreseeable damage. Essential contractual obligations, also known as "cardinal obligations," are those obligations that make the proper execution of the agreement possible in the first place, whose violation endangers the achievement of the purpose of the agreement and on whose fulfillment the User may rely. Apart from that, liability is excluded subject to Paragraph (2) of this Section.(2) The above limitations and exclusions of liability shall not apply in the event offraudulent concealment of a defect, in the event of injury to life, body or health, or inthe event that REIGNITE GMBH assumes a guarantee. The liability of REIGNITE GMBH under the German Product Liability Act shall remain unaffected.(3) In the event of a loss of data, REIGNITE GMBH shall be liable, except in the case of willful destruction of data or gross negligence, for up to a maximum of the costs which are or would be incurred to restore the data from a backup of the User. This does not apply in the event of liquidation, discontinuation of operations or insolvency of the reignite GmbH.(4) The above exclusions or limitations of liability shall also apply to the liability of the legal representatives, vicarious agents and assistants of REIGNITE GMBH.(5) A change of the burden of proof to the disadvantage of the User is not connected with the above regulations.

9. TERM AND TERMINATION

(1) The Application License Agreement between the User and REIGNITE GMBH is concluded for an indefinite period of time, unless otherwise specified in the specific offer made by REIGNITE GMBH.(2) The Application License Agreement may be terminated by either party at any time without having to state the grounds for such termination, unless a fixed term was expressly agreed. Ordinary termination by REIGNITE GMBH becomes effective after one month. Ordinary termination by the User becomes effective after seven days. Should the data held by REIGNITE GMBH be deleted by the User, this shall be deemed as termination by the User; this likewise applies to the request of the User to delete the data.(3) The right of the parties to extraordinary termination of the Application LicenseAgreement with immediate effect for good cause remains unaffected by the provisions above.(4) REIGNITE GMBH is entitled to terminate the Application License Agreement for good cause in particular if:• the User does not use their application account for a period of at least 12 months despite being reminded twice by REIGNITE GMBH;• the User, contrary to Section 4 Paragraph 2, acquires credits, application currency, virtual currency, or virtual services for the Application for real money from third parties or sells them to third parties or trades in corresponding virtual currencies and goods outside the Application;• the User defaults on payment of the fees with an amount of at least EUR 2.00 and does not pay despite being reminded twice;• the User culpably commits a serious breach of the obligations under Section 6.(5) Before REIGNITE GMBH issues notice of an extraordinary termination, a warning notice must normally be issued to draw the User's attention to their misconduct and indicate the threat of termination. In case of serious violations, immediate termination without prior warning is permissible. A serious violation is a violation where REIGNITE GMBH cannot be reasonably required to further adhere to the agreement.(6) Termination of the Application License Agreement requires the text form. Moreover, the User has the option for paid Application License Agreements to terminate the Application License Agreement online by means of a corresponding button in accordance with Section 9 Paragraph 2.(7) Notwithstanding all other legal or contractual rights, REIGNITE GMBH may temporarily or permanently exclude Users from accessing the Application, who culpably, regularly, repeatedly, or notably violate legal regulations, the rights of third parties, the Application Rules, and these GTC. Such exclusions may also apply to parts of the Application. REIGNITE GMBH can, for instance, restrict a User's chat function or exclude a User from using forums or other communication platforms, especially if the User concerned insults or harasses other Users.

10. AMENDMENT OF THE GTC BY REIGNITE GMBH

(1) REIGNITE GMBH reserves the right to amend or supplement these GTC with effect for the future, if this is deemed necessary for valid reasons. This includes in particular cases in which adjustments to the legal and statutory situation or new technical developments are necessary, gaps in the regulations are to be closed, or the range of services of REIGNITE GMBH is changed or such changes occur for the benefit of the User. If the contractual balance between the parties is significantly disturbed by the amendment and if the amendment becomes unreasonable for the User, as a result, the amendment shall not be made.(2) The User shall be notified of any amendments to these GTC in an appropriate manner. The notification can be made either directly on the website of the application, by opening a special window when logging into or starting the respective application, by sending an in-application message to the User's application account, or by sending an email to the email address provided by the User.(3) The User may object to the amendments to the GTC within six weeks of receipt of the notification and the opportunity to take note. For example, the User can send an email to support@reignite.gg in which the User declares their objection.(4) If the User does not object to the amended GTC within the above deadline, theamended or supplemented GTC shall become effective with respect to the User.(5) If the User objects within the above deadline, REIGNITE GMBH has the right to terminate the agreement without further prior notification, which will also result in the deletion of the application account. The original GTC will then remain effective until termination of the agreement.(6) REIGNITE GMBH will specifically point out to the User in the notification of the GTC amendments the possibility of objection and termination, the deadline, and the legal consequences, in particular with regard to a failure to object.

11. FINAL PROVISIONS

(1) Any agreements concluded on the basis of these GTC and related claims shall begoverned exclusively by the laws of the Federal Republic of Germany, excluding the UNConvention on Contracts for the International Sale of Goods. If the User has concluded the agreement as a consumer, the mandatory consumer protection provisions applicable in the state in which the User has their usual place of residence shall also apply, provided that these provisions grant the User more extensive protection.(2) The User may only offset claims of REIGNITE GMBH against counterclaims that have arisen through the exercise of the statutory right of withdrawal or with undisputed or legally established counterclaims. The User can only exercise a right of retention if their counterclaim is based on the same contractual relationship.(3) Should individual provisions of these GTC be invalid, this shall not affect thevalidity of the remaining provisions.(4) The European Commission offers a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/. We are neither willing nor obligated to participate in dispute resolution procedures (including before a consumer dispute resolution authority, online dispute resolution, and alternative dispute resolution). If you have a complaint, please contact us directly at support@reignite.gg.

12. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the site or the application please contact us at:

reignite GmbH
Ahornstr. 52
Chemnitz, Saxony 09112
Germany
Phone: +49 (0) 170 5435057

support@reignite.gg