Terms of Use – DropBeat

(1) These Terms of Use govern the contractual relationship between MLH Ventures GmbH and you as a user (“you”) of the mobile application DropBeat (“App”) for iOS and Android and all associated online functions (“Services”).

(2) These Terms apply in the version valid at the time the contract is concluded. Any deviating or supplementary terms of yours shall not become part of the contract.

(3) Language versions: These Terms are available in German and English. In the event of discrepancies, the German version prevails.

(1) The usage contract is concluded when you create a user account in the App, expressly agree to these Terms of Use and the Privacy Policy, and activate your account via email verification or third-party authentication (Apple, Google).

(2) The contract is concluded in German or English. We do not store the contract text; you can access these Terms of Use at any time in the App and on our website.

(1) DropBeat is a music quiz game with the following features:

• Challenge — asynchronous quiz duel against friends with a 24-hour move deadline
• Local Training — solo game mode
• Hot-Seat — local game with several people on one device (guest players without their own accounts)
• Friend system — connecting with other players via username search and invitation links
• Push notifications — game events and, where applicable, product updates
• Profile and statistics — personal game statistics and match history

(2) We reserve the right to modify, expand or discontinue features. We will inform you of material changes in good time.

(3) Third-party content: Song previews (approx. 30 seconds) and cover images are retrieved at runtime from third-party providers — previews by default via the Apple/iTunes Search API (with Deezer as a fallback), cover images via Genius. This content is not part of our service in the sense of a guarantee. We have no influence over the availability, scope or content of these third-party sources. If these sources fail or are restricted, the App may partially or entirely cease to function. There is no claim to availability in this respect.

(1) Use of DropBeat is only permitted from the age of 16 years. By creating your account, you confirm that you are at least 16 years old.

(2) If we become aware that a user has not reached the minimum age, we are entitled to block and delete the account without delay.

(1) Only one user account per person is permitted.

(2) You are obliged to keep your credentials confidential and to protect them against unauthorized access by third parties. Passing the account on to third parties is not permitted.

(3) If there is reasonable suspicion of misuse of your account, you are obliged to inform us without delay.

(4) You warrant that the information you provide (in particular email address, age statement) is true and complete.

(1) When using the App and when choosing your username, you are in particular prohibited from:

• violating applicable law
• using content that is insulting, discriminatory, glorifying violence, sexualizing or otherwise offensive
• infringing the rights of third parties, in particular personality, trademark or copyright (e.g. by using others’ names or protected designations as a username)
• using personal data of third parties without their consent
• manipulating the App or the Service, using automated scripts, bots or modified clients, or otherwise falsifying the game
• creating multiple accounts to circumvent blocks or falsify game results
• using the App in a way that places an excessive load on our systems

(2) Violations may lead to a warning, temporary suspension or permanent deletion of your account, without prejudice to other claims.

(1) You can report other users and their content (in particular usernames) via the function provided in the App if you suspect violations of these Terms of Use or applicable law.

(2) We generally review incoming reports within 24 hours and take measures where necessary (e.g. request to change, suspension, deletion).

(3) You can block other users in the App. Blocked persons can neither contact you nor invite you to games.

(4) If measures are taken against your account, you will receive a statement of reasons pursuant to Art. 17 Digital Services Act, provided you are identifiable and the notification is not exceptionally excluded.

(1) We grant you a simple, non-exclusive, non-transferable right to use the App within the scope of these Terms.

(2) The App and all its components (program code, graphics, design, texts) are protected by copyright. Editing, reproduction, distribution or any other use beyond the intended use is not permitted.

(1) DropBeat is available free of charge in its basic version. We reserve the right to offer paid additional features (e.g. premium modes, hint packages) in the future.

(2) All paid content is offered and billed exclusively via the respective platform operator (Apple App Store, Google Play). Their terms of use apply additionally.

(3) Right of withdrawal and expiry: In-app purchases are digital content not supplied on a tangible medium. You may withdraw from the contract within 14 days without giving reasons (§11 FAGG). However, the right of withdrawal expires if performance of the contract has begun after you expressly consented to performance beginning before the withdrawal period expires and acknowledged that you thereby lose your right of withdrawal once performance begins (§18 para. 1 no. 11 FAGG). You grant this consent implicitly by confirming the purchase.

(4) Refunds are processed exclusively via the platform operator (Apple, Google).

(1) The App and the Services are provided with reasonable care. There is no claim to permanent or uninterrupted availability.

(2) We may temporarily restrict operation for scheduled maintenance, updates or to remedy faults.

(3) In the event of failure, restriction or termination of third-party services (in particular Apple/iTunes and Deezer for song previews, Apple/Google Push, authentication providers), the App may be wholly or partially unusable. We accept no liability for this; see also Section 3 paragraph 3.

(1) You can delete your user account at any time without giving reasons. Deletion is carried out directly in the App under “Settings → Delete account”.

(2) Upon deletion, all contractual relationships between us end. Your personal data will be deleted in accordance with the Privacy Policy.

(1) We may warn, temporarily suspend or permanently delete your account if

• you persistently or seriously violate these Terms of Use
• there is suspicion that your credentials are being misused
• you do not meet the age requirement (Section 4)
• we are legally obliged to do so

(2) In the case of not merely insignificant violations, we may issue an extraordinary termination without prior warning.

(3) After 12 months of inactivity we are entitled to delete your account after prior notice by email (30-day period). During this period you can prevent deletion by logging in.

(1) We are liable without limitation for intent and gross negligence, as well as for damage arising from injury to life, body or health.

(2) For slight negligence we are liable only in the event of a breach of essential contractual obligations (“cardinal obligations”), and then only up to the amount of the foreseeable damage typical for the contract.

(3) Any further liability is excluded to the extent legally permissible. Mandatory statutory provisions, in particular those of the Austrian Consumer Protection Act (KSchG), remain unaffected.

(4) For the loss of data we are liable, within the limits set out above, only to the extent that would have occurred had you properly backed up your data.

(5) We accept no liability for the content, availability and legality of third-party services (Apple/iTunes, Deezer, Genius, Apple/Google Push, etc.).

(1) We reserve the right to amend these Terms of Use to the extent required for legal or technical reasons or to account for new features.

(2) Changes will be communicated to you at least 6 weeks before they take effect, by email and in the App. If you do not object to the change within this period, it shall be deemed accepted. We will draw your attention separately to this right and its consequences in the notification.

(3) In the event of an objection, we are entitled to terminate the usage relationship as of the date the change takes effect.

(1) The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.

(2) If you are a consumer with habitual residence in another EU member state, mandatory consumer-protection provisions of your state of residence remain unaffected (Art. 6 Rome I Regulation).

(3) Jurisdiction for disputes with consumers is governed by §14 KSchG or the Brussels Ia Regulation.

(4) For disputes with entrepreneurs, the exclusive place of jurisdiction is Vienna.

(1) Should individual provisions of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected.

(2) Notifications are effectively made to the email address you have provided.