Appmania Terms of Use

Appmania provides a subscription service that allows our members to download, install and play games ("Appmania content") over the Internet to certain Internet-connected smartphones and tablets ("Appmania ready devices").

The Appmania service is provided to you by Motainment, a limited liability company duly incorporated and registered under the laws of Germany (referred herein as "Motainment").

These Terms of Use govern your use of our service. As used in these Terms of Use, "Appmania service", "our service" or "the service" means the service provided by Motainment for downloading, installing and playing Appmania content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

1. Membership

1.1 Your Appmania membership will continue until terminated. To use the Appmania service, you must have Internet access and a Appmania ready device, and provide a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). Unless you cancel your membership before your recurrent billing date, you authorize us to charge your next period's membership fee to your Payment Method (see "Cancellation" below). You can find specific details regarding your Appmania membership by visiting our website and clicking on the "Your Account" link available at the top of the pages of the Appmania website under your profile name.

2. Free Trials

2.1 Your Appmania membership may start with a free trial. The free trial period of your membership lasts for 15 days, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service.

2.2 Free trial eligibility is determined by Motainment at its sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Appmania membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Appmania membership to determine eligibility. For combinations with other offers, restrictions may apply.

2.3 We will charge your Payment Method for your periodic membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the period membership price and end date of your free trial period, visit our website and login to the "Your Account" page.

3. Billing

3.1 Billing Cycle. The membership fee for the Appmania service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a recurrent basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and login to the "Your Account" page to see your next payment date.

3.2 Payment Methods. You may change your Payment Method by visiting our website and clicking on the "Your Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For some Payment Methods, the issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

3.3 Cancellation. You can cancel your Appmania membership at any time, and you will continue to have access to the Appmania service through the end of your current billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or not played Appmania content. To cancel, go to the "Your Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for Appmania using your account with a third party as a Payment Method and wish to cancel your Appmania membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Appmania service through that third party. You may also find billing information about your Appmania membership by visiting your account with the applicable third party.

3.4 Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you.

4. Appmania Service

4.1 You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Appmania service. Minors may only use the service under the supervision of an adult.

4.2 The Appmania service and any content viewed through the service are for your personal and non-commercial use only. During your Appmania membership we grant you a limited, non-exclusive, non-transferable, license to access the Appmania service and view Appmania content. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

4.3 You may play the Appmania content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to play will vary by geographic location and will change from time to time. The number of devices on which you may download, install and play Appmania content is limited to five (5) Appmania ready devices.

4.4 Appmania regularly makes changes to the service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of Appmania content.

4.5 You agree to use the Appmania service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Appmania service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Appmania service; use any robot, spider, scraper or other automated means to access the Appmania service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Appmania service; insert any code or product or manipulate the content of the Appmania service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Appmania service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

4.6 The quality of the Appmania content may vary from device to device, and may be affected by a variety of factors, such as your location, device capabilities, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to download, install and begin playing Appmania content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration and capabilities of your Appmania ready device.

4.7 The Appmania software is developed by, or for, Appmania and is designed to enable playing Appmania content through Appmania ready devices. The Appmania software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Appmania and related third-party software.

5. Passwords & Account Access

5.1 The member who created the Appmania account and whose Payment Method is charged (the "Account Owner") has access and control over the Appmania account and the Appmania ready devices that are used to access our service. To maintain control over the account and to prevent anyone from accessing the account (which would include information on playing history for the account), the Account Owner should maintain control over the Appmania ready devices that are used to access the service and not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Appmania or our partners from identity theft or other fraudulent activity.

6. Miscellaneous

6.1 Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of Germany. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

6.2 Unsolicited Materials. Appmania does not accept unsolicited materials or ideas for Appmania content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Appmania.

6.3 Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the Appmania Help Center. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

6.4 Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

6.5 Changes to Terms of Use. Appmania may, from time to time, change these Terms of Use. We will notify you at least 30 days before these new Terms of Use apply to you.

6.6 Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

Last Updated: 21 May 2019