Terms of Service

1. Scope and provider

1.1 These Terms of Service, general terms and conditions and terms of use (collectively, the "Terms") apply to the use of the mobile games, apps, websites, online services, community features, accounts, digital content and other offerings provided under the "bitbunny" label. These include in particular "Sketch Brawl", "Quiz-o-mat", "EdgeRun" as well as other mobile casual games and related services.

1.2 The provider and contractual partner is conclusive Tech GmbH, Lindenhofweg 14, 8043 Graz, Austria, registered in the Commercial Register under FN 602616 a, trading under the label "bitbunny" ("bitbunny", "we", "us").

1.3 In addition to these terms and conditions, special rules may apply to individual games, game modes, events, beta versions, competitions, subscriptions, in-app purchases or community areas. In the event of contradictions, the special rules for the respective service take precedence, provided they have been effectively agreed.

1.4 When downloading and using via app stores, in particular Apple App Store and Google Play, the terms and conditions of the respective store operator also apply. The store operators are not contractual partners of these terms and conditions, unless mandatory store rules or legal requirements provide otherwise.

2. Terms

2.1 "Services" are all games, apps, websites, server functions, accounts, scores, leaderboards, community functions, in-app content, subscriptions and support services offered by bitbunny.

2.2 "User" means any natural or legal person who downloads, installs, accesses or uses the Services.

2.3 "Virtual Content" means digital, game-related content such as credits, tickets, cosmetic items, monsters, avatars, cards, boosters, currencies, energy, expansions, unlocks, subscriptions or other digital benefits.

2.4 "User Content" is content that users create, upload, enter, draw, generate, share or transmit to the Services, in particular drawings, prompts, monster designs, player names, profile pictures, quiz posts, chat messages, comments and community contributions.

2.5 "AI-generated content" is content that is created, analyzed, supplemented or modified in whole or in part by AI or other automated systems, such as monster images, names, values, descriptions, quiz questions or game events.

3. Registration, account and access

3.1 Some services can be used without registration. An account may be required for certain features, such as cross-device saves, competitions, leaderboards, purchases, community features, or cloud storage.

3.2 When registering, correct, current and complete information must be provided if such information is requested. Account data must be treated confidentially. Users are responsible for securing access to their devices, passwords and login methods.

3.3 Accounts are personal and may not be sold, transferred, rented, loaned or shared with third parties without our prior consent. We may use technical measures to prevent account sharing, account trading, fraud and abuse.

3.4 Users must inform us immediately if they suspect unauthorized use of their account. We are not liable for damages that arise as a result of access data being stored in an insecure manner or passed on to third parties, as long as we are not involved in any illegal or culpable behavior.

4. Minors

4.1 Our games are generally aimed at a general audience, but may contain game mechanics, online functions, in-app purchases or community elements. Minors may only use the services if this is permitted by applicable law and, if necessary, with the consent of their legal representative.

4.2 Account creation, in-app purchases, subscriptions, community functions and the entry of personal data by minors may only take place with the consent of the legal representative, to the extent that such consent is required by law.

4.3 Guardians are responsible for supervising minors' use of the Services, configuring device settings and store purchase permissions, and ensuring age-appropriate use.

4.4 We can restrict, design age-dependent or deactivate individual functions, content or communication options for child protection, security or compliance reasons.

5. Right to use apps and services

5.1 Subject to compliance with these conditions, users receive a simple, non-exclusive, non-transferable, non-sublicensable, revocable right, limited to the duration of lawful use, to use the respective services for private, non-commercial purposes.

5.2 The apps and digital content are licensed, not sold. All rights not expressly granted are reserved by bitbunny or the respective rights holders.

5.3 Any commercial use, public display, reuse, marketing, distribution, sublicensing or use outside the intended game and app context is only permitted with our prior written consent.

5.4 Store Terms may contain additional usage rights and restrictions. If Apple or Google terms and conditions contain mandatory overriding regulations for an app obtained via the respective store, these apply additionally.

6. Rules of the game, fair play and prohibited use

6.1 Users undertake to use the services fairly, lawfully and in accordance with their intended purpose.

6.2 The following are particularly prohibited:

Cheating, botting, scripting, exploiting, manipulating scores, rankings, purchases, server communication or random mechanics;

Reverse engineering, decompiling, circumvention of technical protection measures, scraping or automated access, unless mandatory law permits this;

Use of third-party accounts, account trading, buying or selling virtual content outside of officially supported functions;

Harassment, threats, hate speech, discriminatory, sexualised, violent, unlawful, fraudulent or otherwise inappropriate content or behavior;

Upload or input content that violates the rights of third parties, including but not limited to copyrights, trademark rights, personal rights, data protection rights or trade secrets;

Attempts to circumvent security mechanisms, age restrictions, payment processes, moderation systems or access restrictions;

Use the Services for malware, phishing, spam, fraud, political manipulation, unlawful advertising or any other unlawful purpose.

6.3 In the event of violations, we may take appropriate measures, taking into account the severity of the violation and legitimate user interests, in particular warnings, removal or blocking of content, restriction of individual functions, resetting of manipulated scores, temporary or permanent account bans and exclusion from events or leaderboards.

7. User content and community features

7.1 Users retain their rights to their own user content, provided such rights exist. However, you grant bitbunny a worldwide, non-exclusive, royalty-free, transferable and sublicensable right to host, store, reproduce, display, edit, technically adapt, moderate, translate, analyze, incorporate into game mechanics and make publicly available User Content in connection with the Services to the extent necessary or appropriate for the operation, security, improvement, promotion and provision of the Services.

7.2 This right of use applies for the duration of the provision of the respective content and beyond, to the extent that this is technically or legally necessary for backups, evidence, legal defense, security, abuse prevention, anonymized analyzes or already integrated game content.

7.3 Users warrant that they have all necessary rights to their user content and that the use of this content by bitbunny does not violate any rights of third parties.

7.4 Users may not enter or upload particularly sensitive personal data, confidential information, third-party data without a legal basis or children's content into the Services without the necessary consent.

7.5 We are not obliged to check user content in advance. However, we may automatically or manually screen, flag, reject, remove, block or limit the reach of User Content if there is a suspicion of infringement, security risk, misuse or violation of these Terms.

8. AI features, generated content and Sketch Brawl

8.1 Individual services, in particular Sketch Brawl, may use AI or other automated systems to generate game content from user content, such as monsters, names, stats, images, abilities, arenas, descriptions or combat events.

8.2 Users are responsible for ensuring that the drawings, prompts, names and other entries entered are legal and do not violate the rights of third parties. In particular, no protected brands, copyrighted characters, real people without consent, offensive content or confidential information may be entered.

8.3 AI-generated content may be incomplete, incorrect, similar to content from other users or legally non-exclusive. We do not guarantee that AI-generated content is unique, legally protectable or will be permanently available unchanged.

8.4 To the extent legally possible, users receive a simple, non-exclusive right to private use of the AI-generated content created for them in the game within and in connection with the services. Commercial use outside of the Services is not permitted without our prior consent, unless expressly provided otherwise.

8.5 We may change, recalculate, remove, block or limit the visibility of AI-generated content for technical, legal, security, game balancing or moderation-related reasons.

9. Quiz-o-mat and quiz-related content

9.1 Quiz-o-mat may contain quiz questions, answers, categories, explanations and evaluations provided by bitbunny, third parties or users.

9.2 Quiz content is intended for entertainment and general information. We do not guarantee that all questions, answers, explanations, rankings or evaluations are complete, current or error-free at all times.

9.3 Users may not use quiz content for exams, medical, legal, financial, safety-critical or other decisions in which incorrect information could cause significant disadvantage.

9.4 If your own quiz questions or content are submitted, the regulations on user content apply accordingly.

12. Updates, availability and changes to the services

12.1 We strive to ensure stable, secure and entertaining operation of the Services. However, uninterrupted, error-free or permanently unchanged availability is not guaranteed unless expressly agreed otherwise or required by law.

12.2 We may provide updates, patches, new versions, balancing changes, security measures and technical adjustments. Some functions may only be usable with the current app version, compatible device, internet access or current operating system version.

12.3 Services or individual functions may be temporarily or permanently changed, restricted or discontinued for security, maintenance, economic, technical, licensing, regulatory or gaming-related reasons. For paid services, we take legitimate user interests and compelling legal claims into account.

12.4 We may offer test features, beta versions or early access content. Such features may be unstable, incomplete or temporary and may be changed or removed at any time.

13. Support, reports and contact

13.1 Support requests can be made via [support email], [support form] or the contact channels specified in the respective app.

13.2 Reports of illegal content, security problems, harassment, cheating or other violations can be submitted via [enter reporting method]. Reports should contain the affected content, the reason for the report and a contact option.

13.3 If we remove content, block accounts or take other moderation measures, affected users can request a review via [enter complaint/appeal channel], provided this is possible and reasonable under the circumstances.

13.4 For legally required contact points, official inquiries or DSA-related communication, separate contact channels can be specified in the legal notice or in the app.

14. Moderation, blocking and termination

14.1 Users can stop using the services at any time. An account can, if technically provided, be deleted or deactivated via the app or by contacting support.

14.2 We may terminate accounts or services if a service is discontinued, an account is inactive for a long period of time or if this is necessary for technical, economic or legal reasons. For paid services, mandatory legal rights and service periods that have already been paid for are taken into account appropriately.

14.3 We may suspend or terminate accounts without notice if there is a material or repeated breach of these Terms, legal regulations, third party rights, security rules or fair play requirements.

14.4 If you are blocked or terminated, access to scores, virtual content, rankings, community functions and other account functions may be lost. Legal claims remain unaffected.

15. Intellectual property of bitbunny

15.1 All rights to the services, in particular software, source code, game mechanics, graphics, animations, music, sounds, names, logos, brands, characters, monsters, arenas, user interfaces, databases, texts, designs and other content, belong to bitbunny or the respective rights holders.

15.2 The use of the services does not constitute a transfer of ownership, copyright, trademark or other intellectual property rights.

15.3 bitbunny, Sketch Brawl, Quiz-o-mat, EdgeRun and associated logos, names, characters, worlds and design elements may not be used for your own products, advertising, domains, social media accounts, merchandising or other commercial purposes without prior written consent.

16. Feedback and suggestions

16.1 Users can voluntarily send us feedback, ideas, error reports, suggestions or concepts. To the extent permitted by law, we may use such feedback free of charge and without restriction in time and space for the development, improvement, marketing and operation of the Services, without being obligated to do so or owing any compensation.

16.2 Confidential or proprietary information should only be transmitted by prior separate agreement.

17. Data protection

17.1 Information on the processing of personal data, tracking, analysis, advertising, push notifications, AI processing, third-party providers, storage period and data subject rights can be found in our separate data protection declaration at [URL for data protection declaration].

17.2 If services are provided via app stores, payment providers, advertising networks, analysis providers, cloud providers or AI service providers, their data protection information may also apply.

17.3 Users may only enter personal data of third parties into the services if there is a legal basis for this and the persons concerned have been sufficiently informed.

18. Advertising, Analytics and Third Party Providers

18.1 The Services may contain advertising, sponsored content, rewarded ads, analytics, crash reporting, cloud services, authentication services, AI services, payment services and other third-party components.

18.2 Third-party services may be subject to their own terms and privacy information. We are not responsible for the content, availability, policies or data processing of independent third parties unless we are legally responsible.

18.3 Advertising and in-app offers are, where necessary, made recognizable as such. For minors, personalized advertising, certain tracking functions or purchasing incentives may be restricted or deactivated to the extent required by law or provided by us.

20. Liability

20.1 We are liable without limitation for damages resulting from injury to life, body or health, for damages caused intentionally or through gross negligence, in accordance with mandatory product liability and consumer protection regulations and in all cases in which a limitation of liability is not permitted by law.

20.2 In the case of slight negligence, we are liable, to the extent permitted by law, only in the event of a breach of essential contractual obligations and limited to the foreseeable, typically occurring damage.

20.3 We are not liable for damages resulting from non-conforming use, manipulation, unauthorized third-party software, unsafe devices, missing updates, unauthorized account use or violations of these terms and conditions, provided we are not involved in any unlawful or culpable conduct.

20.4 We are only liable for user content, third-party content, external links and independent third-party services in accordance with legal regulations.

22. Changes to these Terms

22.1 We may change these conditions if this is necessary or objectively justified due to new functions, changes to the services, technical developments, security requirements, legal changes, case law, store specifications or economic adjustments and if this does not put users at an unreasonable disadvantage.

22.2 We will inform you about significant changes in an appropriate manner, for example in the app, by email, in the store entry or on our website. Changes will be effective as of the date specified.

22.3 If users do not want to agree to the changes, they can stop using the services and, if technically required, delete their account. Mandatory legal rights remain unaffected.

23. Applicable law and place of jurisdiction

23.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the reference norms of international private law, unless this conflicts with mandatory consumer protection regulations.

23.2 This choice of law only applies to consumers to the extent that it does not take away the protection of mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

23.3 For entrepreneurs, to the extent permitted by law, the competent court at the operator's registered office is the exclusive place of jurisdiction. The statutory places of jurisdiction apply to consumers.

24. Alternative dispute resolution

24.1 We strive to resolve disputes directly and fairly. Users can send complaints to [support email].

24.2 If an agreement cannot be reached with a consumer, we will inform you in the specific dispute about the responsible body for alternative dispute resolution and whether we are taking part in such a procedure. There is only a general obligation to participate if this is required by law or if we expressly undertake to do so.

24.3 The former EU platform for online dispute resolution has been discontinued. A link to this platform will therefore no longer be used as a general dispute resolution notice.

25. Final provisions

25.1 Should individual provisions of these terms and conditions be or become wholly or partially ineffective, the effectiveness of the remaining provisions remains unaffected. The statutory regulation shall replace the invalid provision.

25.2 Rights and obligations arising from these conditions may not be transferred by users without our prior consent. We may transfer rights and obligations to affiliated companies or legal successors, provided that this does not put users at an unreasonable disadvantage.

25.3 The German version is authoritative. Translations are for user-friendliness unless another language version is expressly designated as binding.