Terms of Use

Contracting party

1. Scope

These terms govern the use of Cosmo Cleaner (the “app”) between the user and the provider named above. The contract is concluded exclusively between the user and the provider. The applicable Apple Media Services Terms apply in addition. In the event of conflict, mandatory statutory provisions prevail.

2. Technical requirements

The app requires a compatible iPhone and at least the operating system version stated in the App Store for the respective app version. Individual features may require an internet connection, an Apple ID, Game Center or iCloud. Costs of internet access are borne by the user under their contract with their telecommunications provider.

3. Licence

The provider grants the user a simple, non-exclusive and non-transferable right to use the app for private, non-commercial purposes on Apple products that the user owns or controls. Use is permitted only within the usage rules of the Apple Media Services. Other accounts associated with the purchaser may access, acquire and use the app only to the extent permitted by Apple through Family Sharing, volume purchasing or Legacy Contacts. This provision does not state or imply that any particular in-app purchase can be shared.

The user may not reproduce, distribute, rent, sell, modify, reverse engineer or decompile the app or parts of it, nor circumvent protective measures, unless expressly permitted or mandatorily allowed by law.

4. Minors

Minors may make paid purchases only with the consent of their legal guardians, where such consent is required by law.

5. In-app purchases

The app offers the following in-app purchases:

• Ad-free package: a non-consumable one-off purchase that removes the advertising shown in the app and unlocks the special ship designated at the time of purchase. No subscription arises. The purchase applies without time limit for as long as the acquired version of the app, or a compatible successor version, remains usable. Unlimited operation of the app or of external services is not owed.
• Credit packages: consumable purchases crediting the number of virtual credits stated at the time of purchase.

Purchase, billing and refunds are handled by Apple. The Apple Media Services Terms shown at the time of purchase apply in addition. Prices, package sizes and availability may change for future purchases. Purchases already completed remain unaffected.

Non-consumable purchases can be reactivated with the same Apple ID using the “Restore Purchases” function provided by Apple. Consumable purchases cannot be re-provided in this way.

For withdrawal and refund requests, the information provided in the App Store at the time of purchase and the statutory provisions apply. Mandatory claims against the provider remain unaffected.

6. Credits and virtual content

Credits, power-ups, ships and other virtual content can be used only within the app. They are not legal tender, have no real monetary value outside the app and cannot be paid out, exchanged for money or transferred between users, Apple IDs or Game Center accounts. The user receives no ownership, only a personal right of use within the app.

Lawfully acquired credits will not be withdrawn without objective cause. The provider may correct balances where credits are based in particular on a technical error, a duplicate credit, a reversed payment, manipulation or other abuse.

7. Storage of game progress

Game progress, credits and in-game unlocks are stored locally on the device and – if the user is signed in to iCloud – additionally synchronised between their devices via Apple iCloud, so that they survive a change of device. Without an iCloud sign-in no synchronisation takes place and storage remains purely local. Leaderboards and achievements may be processed by Apple if the user signs in to Game Center. Details of the data processing are set out in the app privacy policy.

Where iCloud synchronisation is active, this data is generally transferred automatically to a new device using the same Apple ID. Without active iCloud synchronisation – for instance without an iCloud sign-in – locally stored progress, credits and unlocks may be permanently lost if the app is deleted or reset, or if the device is lost or replaced. Recovery beyond this is not owed by the provider, unless mandatory statutory rights provide otherwise.

The provider has no full control over the continued availability of Game Center, iCloud and other third-party services.

8. Advertising

Advertising is displayed in the app via Google AdMob. Watching rewarded ads is voluntary. The announced reward is credited only if the advertising platform technically confirms complete and successful playback. In the event of cancellation, missing technical confirmation or a fault, no credit is granted. Mandatory statutory rights remain unaffected.

The ad-free package removes the advertising shown in the app, including rewarded ads.

Information on data processing in connection with advertising and on any consent required is set out exclusively in the app privacy policy. Consent can be managed with future effect via the privacy options provided in the app.

9. Prohibited use

The following are prohibited in particular:

• manipulation of game progress, credits, purchases, leaderboards or ad rewards;
• cheats, bots and the abusive exploitation of errors;
• circumvention of technical protection measures;
• acts that impair the security, integrity or availability of the app or connected services;
• unlawful use of the app.

The provider may correct or reset demonstrably faulty or manipulated game progress, credits and leaderboard entries.

10. Changes, updates and discontinuation

For the period owed by law, the provider supplies the updates necessary to maintain conformity, including security updates.

Beyond that, the app and its content may be changed only for a valid reason, in particular to fix errors, improve security, adjust game balance, develop the app technically, adapt to changed operating systems or third-party services, and comply with legal requirements. Such changes incur no additional cost for the user. Paid content may not be unreasonably devalued. Users are informed of changes as required by law. Mandatory rights of the user, in particular under Section 327r of the German Civil Code, remain unaffected.

Uninterrupted availability of the app or of external services is not owed. The provider may discontinue the app for an economic, technical or legal reason. Where required by law, affected users are informed in advance. Mandatory claims relating to paid content already acquired remain unaffected.

11. Intellectual property

The app and its components, in particular software, names, logos, characters, graphics, 3D models, audio content and texts, are protected for the benefit of the provider or its licensors. Apart from the licence under section 3, these terms transfer no rights in them.

12. Defect rights and liability

The statutory rights in respect of defects in digital products apply.

The provider is liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health. In the case of slight negligence the provider is liable only for breach of a material contractual obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the user may regularly rely. In such a case liability is limited to the foreseeable damage typical of the contract.

These limitations of liability also apply for the benefit of the provider’s legal representatives and vicarious agents. Liability under the German Product Liability Act, for fraudulently concealed defects, under an expressly assumed guarantee and under other mandatory statutory provisions remains unaffected.

13. Term and termination

The user may end use at any time by deleting the app.

In the event of a significant breach of these terms, the provider may restrict the use of affected features or terminate the relationship. Where a prior request to remedy is technically possible, reasonable and necessary in view of the severity of the breach, the user is first given the opportunity to remedy it. In cases of manipulation, security risks, unlawful use or a statutory obligation, immediate measures are permissible.

Mandatory rights relating to paid content already acquired remain unaffected.

14. Changes to these terms

For future downloads and purchases the provider may amend these terms. Existing contractual relationships are amended only where there is a valid legal, technical or economic reason, the contractual balance is not unreasonably shifted to the user’s detriment, and the statutory requirements are observed. Where required by law, the user is informed in advance or their express consent is obtained. Mere silence on the part of the user does not constitute consent unless this is legally permissible and expressly agreed.

15. Applicable law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the state of their habitual residence. The statutory places of jurisdiction apply.

16. Additional terms for Apple

• 16.1 Responsibility: the provider, not Apple, is responsible for the app and its content.
• 16.2 Maintenance and support: the provider is responsible for maintenance and support services insofar as these are promised in these terms or required by law. Apple has no such obligation.
• 16.3 Warranty: if the app fails to conform to an applicable warranty, the user may notify Apple. Apple will refund the purchase price for the app to the user, if any. To the extent permitted by law, Apple has no further warranty obligations. For any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty, the provider is responsible under applicable law.
• 16.4 Claims: the provider, not Apple, is responsible for claims relating to the app or its use, in particular product liability claims, claims of non-compliance with legal requirements, and consumer protection, privacy or similar claims.
• 16.5 Third-party rights: where it is alleged that the app or its use infringes third-party intellectual property rights, the provider, not Apple, is responsible for the investigation, defence, settlement and discharge of the claim.
• 16.6 Legal compliance: the user represents that they are not located in a country subject to a US government embargo or designated by the US government as a terrorist-supporting country, and that they are not listed on any US government list of prohibited or restricted parties.
• 16.7 Third-party terms: when using the app, applicable third-party terms must be complied with, in particular those of the mobile or internet provider and of Apple, Game Center and iCloud.
• 16.8 Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of these terms. Upon acceptance of these terms, Apple has the right, and is deemed to have accepted the right, to enforce these terms against the user as a third-party beneficiary.

17. Contact

Questions, complaints and claims in connection with the app should be addressed to:

Die deutsche Fassung ist maßgeblich. The German version prevails.