Terms of Use

General Terms of Use

I. General

The following terms of use apply as general terms and conditions for using the Tactixo app ("App"), offered by KGE UG (haftungsbeschränkt), Haardtring 15, 64295 Darmstadt, Germany ("KGE").

The app is available for Android (Google Play Store) and iOS (Apple App Store) and can be downloaded and installed under the conditions of the respective app stores. Use of each app store is governed exclusively by the terms of that store operator.

By downloading the app from the respective app store and/or accepting these terms, a license agreement for the use of the app is concluded between the user and KGE. Neither the relevant app store operator nor any affiliated company becomes a party to this license agreement.

The app is intended exclusively for private consumers. Commercial use is not permitted.

The only legally binding version of these terms is the German version. Versions in other languages are for information purposes only and may be machine translated.

II. Scope of Functions

The app is a digital game with offline and online functionality.

Online Services

Certain features, in particular online matches, require an internet connection and a user account.

A user account can be

For anonymous accounts, cross-device data transfer is not possible. Restoring data after changing devices is excluded in this case.

Online services are currently provided free of charge. However, KGE reserves the right to offer them partly or fully for a fee in the future, to modify them, or to discontinue them.

There is no entitlement to permanent availability of online services. KGE is entitled to discontinue online functions in whole or in part at any time.

Rules for Online Matches

If a user joins an online match and does not properly finish or continue it, the match is counted as a loss.

Matches may be played partially or entirely against computer-controlled opponents.

There is no entitlement to matches exclusively with human players.

To reduce queue times, the system may automatically assign players.

Advertising and In-App Purchases

The app contains advertising.

By making a one-time in-app purchase, the user can

This purchase does not establish any claim to permanent availability of online services or other functions. KGE reserves the right to modify or discontinue functions.

III. Use of the App; Rights

KGE grants the user a non-exclusive, non-sublicensable, and non-transferable right to use the app, including all digital content contained therein, in accordance with these terms.

The grant of usage rights is conditional upon compliance with these terms. If the user violates these terms, the usage rights automatically expire.

At its own discretion and without prior notice, KGE may block a user's access to this app, including all functions and content, in whole or in part if there are reasons to assume that the user violates these terms or causes damage through use.

In addition to loss of usage rights, a violation of these terms may result in further legal consequences, in particular claims for injunctive relief and damages.

The app includes content protected by copyright, trademark law, or other rights in favor of KGE or third parties.

IV. User Obligations and Responsibility; Prohibitions

The user is not entitled to edit, reproduce, distribute, publicly display, or use content provided via the app outside the contractually agreed purpose, unless permitted by law.

The user is not permitted to modify, adapt, translate, reverse engineer, decompile, or otherwise attempt to derive the source code of the app. Statutory rights, in particular for achieving interoperability, remain unaffected.

Any use of the app that negatively affects the app, connected websites, or software in use is prohibited. In particular, any manipulation by harmful programs or other interference with technical infrastructure is forbidden.

V. In-App Purchases and Payment Terms

Use of the app is generally free of charge.

Payment processing for in-app purchases is carried out exclusively through the respective app store operator.

Upon confirmation of the in-app purchase, the corresponding store account is charged the respective amount.

KGE reserves the sole right to offer in-app purchases only in specific regions, for limited periods, or not at all.

VI. Contract Terms and Termination

The license agreement between user and KGE is concluded for an indefinite period unless otherwise specified.

If no fixed term is agreed, the license agreement may be terminated at any time with three months' notice in text form (e.g. email).

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in case of use contrary to these terms.

KGE is entitled to discontinue online services at any time without giving reasons. There is no entitlement to continued availability of these services.

VII. Availability, Support, Discontinuation of the App

KGE guarantees an annual average availability of online services of 98%. Excluded are times of force majeure or other circumstances beyond KGE's control.

In case of problems, users can contact:

KGE UG (haftungsbeschränkt)
Haardtring 15
64295 Darmstadt
Germany
Email: request@kge-it.de

KGE reserves the right to discontinue the app or individual functions in whole or in part.

VIII. Liability

KGE has unlimited liability in cases of intent and gross negligence, in cases of injury to life, body, or health, in case of written guarantees, in case of fraudulent intent, and under the Product Liability Act.

In the event of slight negligence regarding essential contractual duties, liability is limited to typical foreseeable damages. In all other cases, liability for damages caused by slight negligence is excluded.

Where liability is excluded or limited, this also applies to KGE's bodies, employees, and vicarious agents.

If KGE is held liable by third parties due to a user's violation of these terms, the user shall indemnify KGE against all resulting claims and costs, provided the user is responsible for the violation.

IX. Data Protection

KGE complies with applicable data protection rules. User data is handled confidentially and in a legally permissible manner under data protection law.

The privacy policy is available at:
https://kge-it.de/de/privacy

For anonymous accounts, no cross-device storage takes place.

X. Right of Withdrawal

If the user is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the following applies:

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 date of conclusion of the contract.

To exercise your right of withdrawal, you must contact us:

KGE UG (haftungsbeschränkt)
Haardtring 15
64295 Darmstadt
Germany
Email: request@kge-it.de

by means of a clear declaration (e.g. letter or email) informing us of your decision.

Consequences of Withdrawal

In the event of withdrawal, all payments received will be refunded within fourteen days. The same payment method used for the original transaction will be used.

The right of withdrawal expires for digital content once performance of the contract has begun and the user has expressly consented to the start of performance before the withdrawal period expires and acknowledged loss of the right of withdrawal.

XI. Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the user's country of habitual residence remain unaffected.

For out-of-court dispute resolution, the EU ODR platform can be used:
http://ec.europa.eu/consumers/odr/

KGE is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.