Terms and Conditions – CGI LAB GAMES

General Overview

CGI LAB SRL is a company that creates and releases mobile applications, also known as “Games,” which can be acquired through various App Stores. In addition to developing these Games, CGI LAB SRL offers associated services (“Services”).

These Games are intended solely for individual consumers, specifically natural persons who engage in legal transactions primarily for personal, non-commercial purposes. It’s important to note that all Games produced by CGI LAB SRL are governed by a set of General Terms and Conditions. Regardless of any terms and conditions that users may have, these General Terms and Conditions exclusively apply to the agreement. Even if the company does not explicitly reject the user’s terms and conditions, they will not be considered part of the agreement.

You can find these General Terms and Conditions during the Game download process, within the Game itself, on the company’s website (accessible through this link: https://cgilabgames.com/), and on Game-specific websites.

Contract Agreement, Duration, and Termination

The user affirms that they possess full legal capacity, and if they have limited legal capacity, they confirm that they have obtained the necessary consent from their legal guardian.

The agreement for using the Game is established when the user downloads the Game from the relevant App Store. The specific details of this process can be found in the terms of use provided by the respective App Store. By downloading the Game, a contract is formed between the user and CGI LAB SRL, granting the user free access to the Game. This agreement, including the associated license and usage terms, is indefinite and can be terminated by either party at any time, with a notice period of four weeks, as outlined in Section 2.3, without requiring a specific reason.

In addition to free use, CGI LAB SRL also offers paid content, such as virtual items and power-ups (referred to as premium content). The use of premium content is entirely voluntary and opting out of it does not limit other aspects of Game usage. The costs associated with premium content will be clearly specified within the Game. The acquisition and use of premium content are subject to the terms outlined in Section 4 of these General Terms and Conditions, as well as any separate terms and conditions provided by the App Store providers. If premium content has a defined duration (e.g., activation of specific premium functions for one month), regular termination, including the termination of the free use contract, is not possible during this period. Regular termination is only an option if the user has purchased premium content without a fixed term (e.g., one-time or permanent power-ups), even if these purchases have an impact on the entire remaining usage period.

CGI LAB SRL retains the right to make continuous updates, alterations, and additions to the Games and Services at its own discretion. Consequently, users can only engage with the game, service, or other offerings in their most current form. In cases of regular termination by the user or termination by CGI LAB SRL for justifiable reasons, there will be no refund of previously paid fees. CGI LAB SRL maintains the right to continue charging for outstanding fees related to premium content that has already been purchased.

The user is not permitted to transfer this agreement to third parties. If this provision is violated (e.g., through account transfer), CGI LAB SRL has the right to terminate the agreement without notice, including agreements pertaining to premium content. In such circumstances, a prorated refund is also not applicable. The user’s statutory right to terminate this Agreement without notice for justifiable reasons remains unaffected.

Account and User Information

After the contract is established and the Game is used, CGI LAB SRL has the right to retain the progress of the Game and any additional paid content. You can find more detailed information about this in CGI LAB SRL’s privacy policy, accessible through this link: https://cgilabgames.com/privacy-policy/

The user is responsible for choosing secure access credentials and should not share this information with third parties. CGI LAB SRL cannot be held accountable for any damages resulting from a breach of this responsibility. In situations where misuse is suspected, CGI LAB SRL reserves the right to temporarily block access to the specific Game in question.

If the user has the option to choose a username within the Game, it is important that this username complies with applicable laws and these General Terms and Conditions. CGI LAB SRL has the authority to change the username if there is a violation of this rule, either at the request of a third party or at its own discretion. No separate justification for the username change will be required, and the user does not have the right to demand a specific username. Other rights held by CGI LAB SRL in cases of violations of this provision will not be affected.

Premium Content

The agreement to access additional premium content will be established when the user clicks on the “Pay” or “Order for a fee” button within the Game’s shop area. The specific wording may vary for in-app purchases depending on the App Store. CGI LAB SRL (or the relevant App Store provider acting on its behalf) will accept the agreement by either sending an order confirmation through a message or email or by actually delivering the corresponding premium content. The fee for this premium content must be paid in advance at the time of acquisition.

Refunds for premium content purchases can only be processed in accordance with statutory consumer rights or the legal right of revocation, taking into account any relevant exclusions. The prices for premium content, as shown in the respective App Stores and confirmed in the order confirmation for each purchase, will apply. These prices may vary based on currency and country and already include any applicable value-added tax. Payments will be handled through the respective App Stores, with the terms of use and payment of the App Stores applying, supplemented by these General Terms and Conditions. In the event of any conflicts between the App Stores’ terms and conditions and these General Terms and Conditions, the App Stores’ terms for use and payment will take precedence.

In cases where virtual currencies, referred to as “Premium Points,” are used within the Games, these represent premium content or units of measurement for the Game’s usage license, and they are not real money. If Premium Points can be acquired through both gameplay and as premium content, the ones obtained through payment will always be utilized first when using Premium Points. Conversion of Premium Points back into real money is only possible if the Game is permanently discontinued as a whole. In such a scenario, the fees paid for unused Premium Points will be refunded.

The user is responsible for any cancellations or chargebacks resulting from their actions, such as insufficient account funds. Typically, the user will be responsible for the associated costs, and CGI LAB SRL may collect these costs along with the original fee from the user’s chosen payment method. However, the user retains the right to demonstrate that no damages occurred or that the damages do not amount to the requested sum.If the user defaults on payment, CGI LAB SRL has the right, regardless of the ongoing payment obligation, to restrict access to the Game and demand the legally stipulated default interest.

CGI LAB SRL reserves the right to introduce new premium content, modify existing premium content, or discontinue premium content. In cases where permanent premium content (virtual items) is removed from the Game, users may have the option to use them during a transitional period or exchange them for new premium content. Any further claims by the user will not be considered. To clarify, all claims related to premium content, including those concerning copyrights, warranty for defects, and compensation for damages, should be directed toward CGI LAB SRL, and not towards the App Stores.

Subscriptions

Some aspects of the Games may offer subscription-based features. These subscriptions may have associated fees that are payable for a specified period mentioned within the Games (referred to as the “Subscription Period”). When you subscribe, it’s essential to provide accurate and truthful information, and if you are under 18 years old, you must have the appropriate consent from your parent or guardian. Users have the ability to manage their subscriptions and disable automatic renewals in the account settings of their respective devices.

CGI LAB SRL retains the right to modify the subscription fees and terms at its discretion. Further details about any price adjustments can be found in the terms provided by the respective platform.

Additional information concerning payment and the usage of subscriptions is available in the terms provided by the respective platform:

Monthly Subscription:

If a user decides to purchase the monthly subscription offer, the monthly amount shown will be charged to their Apple or Google Play account after confirming the purchase. This subscription will automatically renew unless canceled at least 24 hours before the conclusion of each 30-day period (known as the “Monthly Subscription Period”).

Weekly Subscription:

For users opting for the weekly subscription offer, the displayed weekly amount will be charged to their Apple or Google Play account upon confirmation of the purchase. Similar to the monthly subscription, it will auto-renew unless canceled at least 24 hours before the end of each 7-day period (referred to as the “Weekly Subscription Period”).

Free Trial:

In certain subscription offers, a trial period may be provided. During this time, the exclusive contents of the subscription can be accessed at no cost for a specific duration, as indicated in the offer (the “Free Trial Period”). If not canceled at least 24 hours before the Free Trial Period concludes, it will automatically convert into a paid subscription.

It’s important to note that each user can claim a Free Trial Period only once. If a user has already utilized the Free Trial Period, the subscription fee will be charged immediately after confirming the subscription purchase.

Revocation Instructions

When it comes to contracts involving payment, consumers have the right to revoke the agreement under the following conditions:
Right of Revocation: You have the right to cancel this contract within 14 days without providing any specific reasons.
The revocation period is 14 days from the date the contract was concluded. To exercise your right of revocation, you must contact us at CGI LAB SRL using the following contact information:
Germany: Phone: +49 030 5201 4258, Email: eu.office@cgilab.co
USA: Phone: +1 843 410 0059, Email: usa.office@cgilab.co
Moldova: Phone: +373 68 277 300, Email: office@cgilab.co
You can make your revocation clear by sending a declaration, such as a letter by mail or an email, indicating your decision to cancel this contract. While you may use the provided model revocation form, it is not obligatory. To meet the revocation deadline, it is sufficient to send your notice of revocation before the 14-day period expires.

Consequences of Revocation: If you choose to revoke this contract, CGI LAB SRL will promptly refund all payments received from you, including delivery costs (except for any additional costs incurred due to your choice of a delivery method different from the least expensive standard delivery offered by us). We will use the same payment method that you used for the initial transaction, unless we have expressly agreed upon a different method with you. You will not incur any fees for this refund.

End of Revocation Instructions: Please take note of the following regarding the early expiration of the right of revocation: Your right of revocation will expire prematurely

if we commence the execution of the contract before the end of the revocation period, provided that you, as the user, have given your explicit consent to this and have acknowledged that your right of revocation will be forfeited as a result of commencing contract execution.

Revocation Form (You may fill out and return this form if you wish to revoke the contract):
To CGI LAB SRL, use the contact information corresponding to your region (Germany, USA, Moldova).
I/we () hereby revoke the contract I/we () entered into for the purchase of the following goods ()/provision of the following service () – ordered on ()/received on ()
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for hard copy form)
Date ___________

(*) Delete if not applicable.

User obligations

When engaging with the Games, the user is prohibited from using any software or routines that could disrupt CGI LAB SRL’s systems or the experience of other users. This prohibition extends to actions that may excessively burden CGI LAB SRL’s systems. The use of specialized software, especially for systematic or automatic control of the Games, is strictly forbidden.

Users are not allowed to use software or exploit programming errors that result in the acquisition of premium content or other unintended benefits within the Games without entering into a premium agreement and committing to pay the associated fee. In cases of unjustified acquisition of premium content, CGI LAB SRL reserves the right to remove or deactivate such content or any unauthorized benefits. It’s important to note that this does not apply if premium content can be legitimately obtained as a reward for specific in-game actions.

In connection with CGI LAB SRL’s services, users must refrain from using any software that facilitates “data mining” or the collection of information related to the Games.

Premium Content obtained within the Games cannot be used, purchased with real money (except through the App Stores), sold, traded, or attempted to be used outside the Game.

When utilizing communication features within the Games, users must adhere to all applicable laws and must not infringe upon the rights of third parties. Additionally, certain content is deemed inappropriate within the Games, as it contradicts the family-friendly nature of the Games. Specifically, users are prohibited from:
Using, posting, or publishing content that is harassing, threatening, disruptive, insulting, defamatory, discriminatory, political, immoral, pornographic, morally objectionable, offensive, violent, sexist, extreme, or that glorifies violence, or that violates laws, especially those for the protection of minors.
Linking to such material on third-party websites or advertising, offering, or distributing such content or products that violate laws, particularly laws related to the protection of minors.
Publishing, duplicating, making publicly accessible, or disseminating content that is protected for the benefit of third parties without an appropriate license, including the infringement of intellectual property rights.
Promoting or engaging in anti-competitive activities, requesting personal data from other users for commercial or illegal purposes, or seeking access data.
Organizing or advertising commercial activities and third-party sales, duplicating an image of another person or making it publicly accessible without the written consent of the individual concerned.
Publishing personal and confidential data without the legal entitlement to do so. CGI LAB SRL reserves the right to delete content that violates applicable laws and/or these General Terms and Conditions.

Users are permitted to use the Games solely for personal purposes unless CGI LAB SRL has provided explicit prior written consent for any other specific use. Any violation of these General Terms and Conditions may result in termination for justifiable reasons. In lieu of termination, CGI LAB SRL may, at its sole discretion, take measures or impose sanctions to enforce the provisions of these General Terms and Conditions. This may include temporary or permanent virtual bans from the systems, warnings, or temporary or permanent exclusion from specific Game functions.

Users are responsible for regularly backing up all their data on the devices used to play the Games, taking appropriate precautions based on potential risks.

Rights and Indemnity

CGI LAB SRL provides the user with a limited, non-exclusive, non-transferable, and non-sub-licensable right to use the respective Game for personal use throughout the contract duration. This includes the ability to download the Game multiple times onto the device(s) associated with the user’s account in the relevant App Store. However, the Game cannot be duplicated, distributed, publicly performed, broadcasted, made publicly accessible on the Internet or through a network, edited, or stored on physical data carriers. It is also prohibited for any commercial use. Decompilation, disassembly, and reverse engineering are not allowed, except when expressly permitted by law.

If the user provides CGI LAB SRL with feedback, suggestions, or ideas (collectively referred to as “Feedback”) concerning the Game or potential improvements or new Game developments, CGI LAB SRL may incorporate such Feedback into its Products, including the ongoing development of its Products. CGI LAB SRL may also use this Feedback as part of the Products or otherwise publish, edit, use, and exploit the Feedback. The user grants CGI LAB SRL a permanent, non-exclusive, worldwide, royalty-free, transferable, and sub-licensable right to reproduce, modify, distribute, share (in whole or in part, including adaptations), and otherwise exploit all provided Feedback, without any compensation. CGI LAB SRL is not obligated to respond to Feedback or to use or exploit it, and the user relinquishes any potential copyrights related to the use and exploitation of the Feedback.

The user is responsible for indemnifying CGI LAB SRL against any claims, including claims for damages, made by third parties due to the user’s actions or the content or data posted, if they infringe upon the rights of those third parties. The user is also obligated to cover reasonable costs incurred, including costs associated with any necessary legal defense (including customary attorney fees that may exceed statutory fees), unless the user is not responsible for the infringement. This indemnification does not affect any additional rights and claims held by CGI LAB SRL.

Warranty and Liability

Regarding services provided by CGI LAB SRL free of charge, no warranty claims exist, and CGI LAB SRL’s liability is limited to cases of intentional wrongdoing and gross negligence. CGI LAB SRL can only be held liable for defects if they have intentionally concealed them.

CGI LAB SRL retains the right to continuously update, modify, and enhance its Games and Services at its discretion. This includes the potential discontinuation of a game or specific Services for economic or technical reasons, or for the purpose of enhancing and personalizing the user experience of games and services.

When services are provided in exchange for payment, the user’s warranty claims are governed by legal provisions, unless otherwise specified in this Section CGI LAB SRL is not liable for non-performance or delays in performance to the extent that the cause is beyond its reasonable control.

CGI LAB SRL does not guarantee the flawless provision of its Games or Services. Users are advised to regularly install the latest version of the game.
CGI LAB SRL’s statutory liability for damages and reimbursement of futile expenses is only unlimited in cases of intentional actions, gross negligence, injury to life, limb, or health due to negligence or intent, the assumption of a guarantee (clearly designated as such), and mandatory liability under the Product Liability Act. “Material contractual duties” refer to duties whose fulfillment is essential to achieve the contractual purpose and upon which both parties would typically rely.
CGI LAB SRL is only liable for minor negligence if it breaches a material contractual duty. Otherwise, CGI LAB SRL is not liable for minor negligence.
Compensation for damages resulting from minor negligent breaches of material contractual duties, is limited to the foreseeable and typical damages in such contracts.
In cases where CGI LAB SRL is liable for data loss as outlined above, its liability is also limited to the costs required to restore the data if the user had reasonably backed up their data on a regular basis.

Modifications of these General Terms and Conditions

CGI LAB SRL maintains the right to modify these General Terms and Conditions and other terms for future application, as outlined in Section 10.

In cases where changes are deemed necessary, such as due to service expansion, alterations to Games, changes in laws or legal decisions, or equivalent reasons that do not impact the primary performance obligations of both parties, CGI LAB SRL will provide written notification. This notification may be delivered through in-game messages or email, and it will be sent at least four weeks before the changes take effect. If the user does not raise a written or text-based objection within four weeks of receiving this information, the General Terms and Conditions will be considered accepted. The notice will explicitly specify the objection time frame and the consequences of remaining silent.

Any changes not covered under Section 10.2 will require the user’s explicit consent, which may be requested at the beginning of the next Game.

If there is an objection in accordance with Section 10.2 or if consent is not granted in accordance with Section 10.3, the user retains the right to continue using the current version of the Game. However, CGI LAB SRL may make the use of an enhanced version of the Game contingent upon acceptance of the modified General Terms and Conditions.

Applicable law, jurisdiction

Moldavian law shall be the governing law, with the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user resides in another EU member state, this choice of law will not override the mandatory consumer protection regulations of their home country.

For disputes involving the user, the statutory place of jurisdiction will apply if the user has a general place of jurisdiction in Moldova. In cases where the user has relocated their domicile or habitual residence from Moldova after concluding the contract, or if their domicile or habitual residence is unknown at the time the action is filed, Chisinau will be the jurisdiction. Last updated on: 06.10.2023.

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