Terms of Service

These Terms of Service apply to the use of all InstantPlay services through which users can create their own accounts, upload content such as images and texts, and exchange messages with other users.

The services are provided to you in the form and functionality currently made available by us. We strive to continuously improve our services, but reserve the right to change, add, or remove features. Your player name and profile picture are generally visible to other users (e.g., in your profile, in lobbies, or friends lists) to enable identification and association within our services. Certain features (e.g., participation in global leaderboards) technically require your player name, profile picture, and results to be publicly visible to all users of the platform. The creation and display of this data in the leaderboards is an inseparable part of the contractually agreed scope of performance for these Pro Features.

InstantPlay provides the technical platform for the activities mentioned in Section 1.1. Users themselves are responsible for the content they create and share.

These Terms of Service were written in German. In the event of any discrepancies between versions of these Terms of Service in other languages and the German version, the German version shall always prevail.

Use without an account (guest use for messages): Since we offer the option to use certain functions of our services, in particular sending messages, without creating an account (hereinafter "guest use"), a user agreement for this specific guest use is concluded when you give your express consent to the provisions of these Terms of Service applicable to this before using this function for the first time.

• Section 1.3 (Responsibility for content)
• Section 3.1 (Sole responsibility for created content and activities)
• Section 3.3 (Obligation to comply with the law, in particular refraining from the content/actions mentioned under a-g)
• Section 3.4 (No prior review, right to block/remove content in the event of violations)
• Section 3.5 (Reporting option for content)
• Section 4.1 and 4.2 (Retention of rights to content and granting of a license to us for the transmitted messages for technical provision and delivery)
• Section 7 (Liability provisions) to the extent applicable to guest use
• Section 8 (Intellectual Property)
• Section 9 (Indemnification)
• Section 10 (Data Protection, with reference to our Privacy Policy, which also describes data processing for guest use of messages)
• Section 12 (Final Provisions), insofar as relevant for guest use

The remaining provisions of these Terms of Service, in particular those relating to account creation, management, and termination (Section 2, parts of Section 5), paid services, and specific account-related obligations, do not apply to the mere guest use of messages.

In order to use the interactive features of our services (such as uploading content or sending messages), the creation of an account is required.

You are obliged to provide truthful and complete information during registration and to keep this information up to date.

You are obliged to keep your password secret and to carefully protect your account from unauthorized access by third parties. Change your password immediately if you suspect that third parties may have gained knowledge of it.

We strongly recommend that you activate two-factor authentication (2FA) as an additional security measure. Using 2FA can significantly improve the protection of your account against unauthorized access.

You may not transfer your account to other persons or allow third parties to use your account.

You may only create one account for private, non-commercial purposes, unless expressly agreed otherwise with us.

You must be at least 16 years old to use our services. If you are under 16 years old, you may only use the services if your legal guardians have given their express consent.

Upon completion of the registration process and acceptance of these Terms of Service, a user agreement is concluded between you and InstantPlay.

You are solely responsible for all content created by you (e.g., images, texts, messages) as well as for all activities carried out via your account.

This also includes actions by third parties via your account if they were able to gain access because you culpably violated your duty of care – in particular the obligation to keep your password secret. If you suspect your account has been misused, please inform us immediately.

You undertake to comply with applicable law and the rights of third parties when using our services.

We are not obliged to pre-screen the content uploaded or distributed by users. However, we reserve the right to block or remove content without prior notice if there are indications of a violation of these Terms of Service or applicable law, or if the content otherwise appears unsuitable for our services.

You have the option and are encouraged to report content or behavior of other users that you believe violates these Terms of Service or applicable law using the reporting functions provided by us, by email to support@instantplay.net or via our support form. Please provide as much detail as possible in your report to enable us to review it quickly. We will investigate reported information and take appropriate action.

Internal Complaint Management (DSA)
If we take restrictive measures against your content or your account (e.g., blocking or deletion), you have the right to lodge an objection free of charge via our internal complaint management system (by email to support@instantplay.net or via our support form) within six months of our decision. Irrespective of this, you have the right to choose an out-of-court dispute settlement with an approved body and to file a lawsuit before the competent ordinary courts.

You retain all your rights to the content you upload, publish, or share via our services.

In order for us to technically provide you with our services and use your content as intended (e.g., to make it visible to other users or transmit it as a message), you grant us, by uploading or sharing content, a non-exclusive, worldwide, royalty-free right (license) to use, reproduce, display, make publicly available, distribute, and technically adapt (e.g., for display on various devices) this content within the scope of your selected settings and the functionalities of our services.

This license ends when you delete your content from our services or terminate your account, unless your content has been legitimately reused by other users within the services (e.g., shared messages or comments that are not directly linked to your account and cannot be deleted by you).

By you: You can terminate the user agreement with InstantPlay at any time and without giving reasons, and thus delete your account.

• You can delete your account yourself directly via the "Delete account" function in the settings.
• Alternatively, you can request us to delete your account. To do so, please send us an email from the email address associated with your account to support@instantplay.net or use our support form.

By InstantPlay:

Upon termination of the user agreement, we will delete or anonymize your personal data in accordance with our Privacy Policy and statutory retention periods. Content uploaded by you will also be deleted, subject to the provisions in Section 4.3.

Term and termination of the Pro version
Insofar as paid services are offered as a subscription (e.g., monthly), the contract will automatically renew for the agreed term unless it is canceled before the end of the respective billing period.
You can cancel the subscription at any time effective at the next due date via your account settings.
After cancellation, the Pro features remain available until the end of the already paid period.

We strive to provide our services as uninterrupted as possible. However, you acknowledge that uninterrupted and error-free availability is technically not feasible. Maintenance work, security reasons, or unforeseen events can lead to temporary restrictions or interruptions.

If our services are offered free of charge, there is no claim to a specific availability or specific functionalities.

For paid services, the performance features and conditions described at the conclusion of the respective paid contract apply with regard to availability and functionality. Section 6.1 regarding the technical feasibility of uninterrupted and error-free availability also applies accordingly to paid services; however, we will ensure the highest possible availability for paid services within the bounds of what is commercially reasonable.

Otherwise, warranty claims are governed by statutory provisions.

In these specific cases, we are always fully liable:

• If we have caused damage intentionally or through gross negligence (i.e., particularly severe carelessness).
• If someone is injured in body or health or loses their life through our fault (intent or negligence).

We are also liable for slightly negligent (i.e., minor carelessness) breaches of essential contractual obligations. Essential contractual obligations (also known as cardinal obligations) are those whose fulfillment is essential for the proper execution of the contract and on whose compliance you, as a user, may regularly rely. In these cases, however, our liability is limited to typical, foreseeable contractual damages.

In all other cases where we breach a non-essential obligation only with slight negligence, our liability is excluded.

The above liability rules also apply to our legal representatives (e.g., managing directors), our employees, and other persons who assist us in fulfilling our duties to you (so-called vicarious agents).

Mandatory liability under the Product Liability Act remains unaffected by the aforementioned liability provisions of these Terms of Service.

All rights to our services and their content created and provided by us, in particular software, databases, graphics, designs, texts, images, videos, trademarks (especially the name and logo "InstantPlay"), and other works, belong exclusively to us or our licensors. These Terms of Service do not grant you any rights to our intellectual property beyond the intended use of our services.

You are not permitted to reproduce, distribute, make publicly available, modify, decompile, reverse engineer, or otherwise exploit our intellectual property without our express prior written consent, unless this is expressly permitted within the scope of the intended use of our services or mandatory by law.

You indemnify us against all claims by third parties (including reasonable costs for legal defense) asserted by them due to a violation of their rights by the content you publish within our services or by your other use of our services, provided you are responsible for this legal violation (in particular, acted intentionally or negligently).

In the event of a claim by third parties, you are obliged to provide us immediately, truthfully, and completely with all information necessary for examining the claims and for a defense.

Information on the processing of your personal data can be found in our Privacy Policy.

We reserve the right to amend these Terms of Service from time to time, for example, to adapt them to changed legal frameworks or new features of our services.

We will inform you in good time about material changes (e.g., by email or through a notice upon your next login). You will be informed about the specific changes.

The changes are deemed accepted by you if you agree to the amended Terms of Service. We will ask you to do so when informing you about the changes. If you do not agree to the changes, this may mean that you can no longer use our services and the user agreement may have to be terminated by one of the parties.

The law of the Federal Republic of Germany applies. If you are a consumer and have your habitual residence in another EU country, the mandatory consumer protection provisions of that country remain unaffected by this choice of law.

If you are a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Germany. The same applies if you do not have a general place of jurisdiction in Germany or if your place of residence or habitual abode is not known at the time the action is filed. For consumers, the statutory rules on jurisdiction apply.

Should individual provisions of these Terms of Service be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The statutory provisions shall replace the invalid provision.