Terms of Service for Drop (“Terms of Service”)

The following Terms of Service of Drop GmbH, Nobistor 16, 22767 Hamburg, +49 40 52477321, [email protected] (“Drop”) govern the contractual relationship between Drop and the contracting party (“User”) regarding the use of the gaming platform “Minit-Games” (“Minit-Games”), on which the User can play various games provided by Drop or by creators.

1. Conclusion of Contract / Registration

1.1. The subject matter of the contract is the granting of the right to use Minit-Games by the User free of charge and limited to the duration of the contract.

1.2. The contract between Drop and the User is concluded upon first use.

1.3. In addition, Users may register for advanced features. Registration may only be performed for one’s own person and not using the personal data of third parties. Registration of minors is only possible with the consent of both legal guardians or the sole legal guardian.

1.4. During registration, the User may choose whether to use an account from a third-party service (e.g., Google) or to create an account themselves. In either case, Drop will create a specific Minit-Games account (“User Account”) for the User.

1.5. During the registration process, the User has the opportunity to verify the accuracy of the account information provided and correct it if necessary immediately before completing the registration.

1.6. Registration is complete upon receipt of the registration confirmation sent by Drop.

1.7. Drop does not store the text of the contract. The Terms of Service are made available during the registration process and are also available for download by the User on the website https://minit.games/terms-of-service/.

1.8. The contract language is English.

2. Provision of Minit-Games

2.1. Minit-Games is made available via the Apple App Store and Google Play.

2.2. The User is responsible for providing a compatible device and a sufficient internet connection.

2.3. The games provided on Minit-Games may vary. There is no entitlement to the continued availability of specific games on Minit-Games.

2.4. The use of Minit-Games is free of charge. The games offered on Minit-Games may also be used free of charge, unless otherwise stated.

2.5. Minit-Games is provided with an average monthly availability of 99%. Excluded from this are periods of regular maintenance on Minit-Games, which can only be performed in offline mode, as well as periods during which Minit-Games is unavailable due to force majeure or other causes beyond our control.

3. User Obligations

3.1. The User is obligated to keep their login credentials secure from access by third parties and not to grant third parties access to their own account.

3.2. The User agrees not to sell their account to third parties or otherwise transfer it (“account sharing”).

3.3. The User agrees to use the games only in accordance with the terms of this agreement. In particular, the User agrees not to use the content of the games for any other purpose, and specifically not to create a competing platform or competing games.

4. Special Terms for Creators

4.1. Users may upload games they have developed themselves (User-Generated Content, “UGC”) to Minit-Games in order to make them available to other Users for play. Users who provide UGC on Minit-Games are referred to as “Creators.”

4.2. By uploading UGC, Creators grant Drop a simple, non-exclusive right to use the UGC, without any time or geographical restrictions, for the purpose of making the UGC available on Minit-Games to the extent specified in this agreement, in particular to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate, broadcast, and otherwise communicate and publicly display and perform the UGC, for the training of AI models, for the purpose of operating, distributing, and integrating it as part of Minit-Games, Minit-Games games, or other offerings from Minit-Games, as well as promoting them.

4.3. In addition, Creators grant Drop and interested Users of Minit-Games the right to edit UGC so that Users can modify UGC.

4.4. Creators warrant to Drop that they are authorized to grant the rights specified in Sections 4.2 and 4.3.

4.5. The granting of rights pursuant to Sections 4.2 and 4.3 is generally free of charge. Any compensation for UGC uploaded by Creators is provided in accordance with the regulations specifically designated for this purpose.

4.6. UGC can be uploaded via the Minit Creator Dashboard in HTML5 format.

5. Prohibited Actions

5.1. There is zero tolerance for objectionable content or abusive Users on Minit-Games. Objectionable content and abusive behavior are strictly prohibited.

5.2. It is prohibited to:

  • Use games created by other Creators outside of Minit Games;
  • Use games created by other Creators for commercial purposes;
  • Use so-called “cheat tools” (“cheat software”) or bots;
  • Upload content that infringes on rights (in particular, content that infringes on copyright, trademark, or personality rights, or is misleading or fraudulent);
  • Upload content that glorifies violence or war, is sexualized, discriminatory, or criminal, or similar;
  • Publish personal data of third parties (“doxxing”);
  • Threaten, discriminate against, insult, or unreasonably harass other Users;
  • Advertise services offered by yourself or third parties;
  • Organize, operate, promote, or support gambling within or in connection with UGC;
  • Engage in actions that are likely to impair the functionality of Minit-Games’ infrastructure, including the website, in particular by placing an excessive load on it;
  • Exploit any errors in the Minit-Games software, in particular to cause damage or gain personal advantage;
  • Use the content offered by Minit-Games for the purpose of data mining.

6. Moderation, Reporting and Notice-and-Takedown Procedures

6.1. Users may report objectionable content and block abusive Users at any time within the app. Blocking an abusive User removes that User’s content from the reporting User’s feed immediately and notifies Drop.

6.2. Drop acts on reports of objectionable content without undue delay, generally within 24 hours, by removing the content and ejecting the User who provided it. Violation of the prohibitions in Section 5 constitutes good cause for termination of the User’s account pursuant to Section 8.

6.3. Content that is clearly objectionable is removed without delay, and the responsible User may be ejected.

6.4. Minit-Games additionally provides a reporting form for reporting alleged illegal content in UGC. This form enables and facilitates accurate and substantiated reports of illegal content in UGC and is intended to be used exclusively for such reports. Upon receipt of a report, Minit-Games will send a confirmation of receipt to the reporting person, then review the report and, if necessary, give the affected Creator an opportunity to comment, make a decision, and communicate this to the reporting person, including information on available legal remedies.

7. Statutory Warranty Rights

With regard to paid elements, the User is entitled to statutory warranty rights (in particular § 327i BGB).

8. Contract Term, Termination

8.1. The contractual relationship is for an indefinite period and may be terminated at any time by the User, the Creator, or Drop.

8.2. This does not affect the statutory right to terminate the contract for good cause.

8.3. Good cause exists in particular if the User violates the obligations under 3.2 or 3.3 or the prohibitions under 5.

8.4. You can also complete and submit a termination notice electronically via our app. If you choose this option, we will immediately send you (e.g., via email) a confirmation of receipt of such a termination notice.

9. Right of Withdrawal for Consumers

9.1. Withdrawal Policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day

  • the contract was concluded (for service contracts).
  • on which you or a third party designated by you, other than the carrier, took possession of the goods (for sales contracts).
  • on which you or a third party designated by you, who is not the carrier, took possession of the first goods (for contracts for the regular delivery of goods over a specified period).

To exercise your right of withdrawal, you must inform us (Drop GmbH, Nobistor 16, 22767 Hamburg, [email protected]) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent via or an email). You may use the attached model withdrawal form for this purpose, though this is not mandatory. You may also fill out and submit the model withdrawal form or another unambiguous statement electronically via our app. If you make use of this option, we will immediately send you (e.g., via email) a confirmation of receipt of such a withdrawal.

The right of withdrawal expires upon the complete provision of the service if, prior to the commencement of service provision, you have expressly agreed that Drop may begin providing the service before the expiration of the withdrawal period.

To comply with the withdrawal period, it is sufficient that you send the notice of exercising your right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the time you notify us of your exercise of the right of withdrawal regarding this contract, compared to the total scope of services provided for in the contract.

9.2. Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and return it.)

To Drop GmbH, Nobistor 16, 22767 Hamburg, [email protected]:

I/we (*) hereby withdraw from 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 the consumer(s) (only for paper notifications)
Date

(*) Delete as appropriate.

10. Liability

10.1. Drop is liable in accordance with statutory provisions for damages to life, limb, and health resulting from a culpable breach of duty. Furthermore, Drop is liable in accordance with statutory provisions for other damages resulting from intentional or grossly negligent breaches of contract. Drop is also fully liable under the provisions of the Product Liability Act.

10.2. Insofar as none of the aforementioned cases applies and damage results from a breach of a material contractual obligation due to simple negligence, i.e., an obligation whose fulfillment is essential for the proper performance of the contract, the breach of which jeopardizes the achievement of the contract’s purpose, and on whose compliance the contracting party may regularly rely, then Drop’s liability is limited to foreseeable and contract-typical damages.

10.3. In the case of the free use of Minit-Games, Section 10.2 does not apply, so that there is no liability for simple negligence in this respect.

10.4. No further liability claims against Drop exist.

11. Data Protection

Information regarding the nature, scope, location, and purpose of the collection, processing, and use of personal data by Drop can be found in the privacy policy: https://minit.games/privacy-policy/.

12. Miscellaneous

12.1. Should individual provisions of these Terms of Service be or become invalid or incomplete, the validity of the remaining provisions shall remain unaffected.

12.2. Substantive German law applies, excluding German conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods.