These Terms of Service (“Terms of Service ” or “Terms”) govern the relationship between you and Lessmore UG (haftungsbeschränkt), Haideweg 12, 74927 Eschelbronn, Germany („Lessmore“) regarding your access to and use of Lessmore’s games, mobile apps, websites, content, products, and any related services (collectively the “Services” as further defined in Section 2).
When you use or access our Services in any capacity, you represent that you are at least 13 years old (or at least 16, if you reside in the EU) and that you understand and agree to these Terms. If you are under the age of 18, you agree that you have gotten permission from a parent or guardian to use our Services.
We may amend these Terms by posting the amended versions on our website or in the supplemental terms of the applicable Service(s). By continuing to access or use our Services after we post amended versions, you confirm your agreement to the Terms, as amended. If you do not agree with any of the changes, you must immediately stop accessing our Services (your license to use our Services will immediately terminate).
This is a legally binding agreement, and you should read it carefully. By installing, using, or otherwise accessing our Services, you confirm your agreement to be bound by these Terms. If you do not agree with any of these terms, you may not install, use, or otherwise access our Services. Use of the Services is void where prohibited.
Select Lessmore games offer users the option to create an account to access additional features. You can find further information about the individual games in this paragraph.
Eatventure is a hybrid casual mobile game in the idle and simulation space, focussing on strong moment to moment gameplay experience. Players can open their own lemonade stand, gain in-game money, and one day open a restaurant at the beach (and more). There are options to participate in leaderboard and other various changing events in the game.
Are you looking to become a restaurant millionaire? Want to manage a successful restaurant? Become a restaurant tycoon, earn money, level up, hire cooks & cashiers, get rich and build the biggest business the world has ever seen in this Restaurant Simulator! Start with a Lemonade Stand, then progress to a food truck, and then a cafe. In no time you will find yourself owning your own Diner and Drive-thru!
Cloud-Save and participation in event leaderboards require the creation of an account. We are using Firebase Authentication to handle the creation, storage, validation, and deletion of account data. You can review Firebase’s data policy here.
The Cloud-Save feature stores a copy of your save game data in the cloud so you can transfer your game progress between devices and restore your progress in case of a loss of data on your device. The user account is required to enable access across devices and different operating systems.
The leaderboards allow players to compete against each other to see how fast they can complete the weekly events. The user account is required when updating players’ leaderboard scores (to authenticate and assign update requests).
3. GRANT OF LICENSE
Subject to your agreement and your continued compliance with these Terms and all relevant Lessmore policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license (subject to the limitations below) to access and use our Services for entertainment purposes. You also agree to comply with all applicable laws when accessing or using the Services.
We reserve the right to determine whether one’s conduct violates these Terms, and to take any action we deem appropriate in accordance with these Terms, including but not limited to removing objectionable content and/or suspending or terminating access to the Services or any portion thereof.
You specifically agree to the following license restrictions in connection with the Services:
- If you are under the age of 18, or under the age of legal majority in your jurisdiction, you may not access or use our Services without permission from a parent or legal guardian. You may not use our Services in any capacity if you are under 13 years old (or under 16 years old if you reside in the EU).
- If you have been previously banned from accessing our Services, you are prohibited from re-accessing the Services without our prior consent.
- You are prohibited from using our Services to advertise, solicit, or transmit any commercial advertisements, which include but are not limited to chain letters, junk, spam, or repetitive messaging (both targeted and un-targeted).
- You are prohibited from creating an Account on someone else’s behalf.
- You are prohibited from creating an Account using inaccurate or false information.
- You are prohibited from renting, selling, gifting, or giving away your Account or Account-related information.
You further agree that under no circumstance will you:
- Engage in acts that are inappropriate and/or in conflict with the spirit or intent of the Services or these Terms.
- Attempt to gain unauthorized access to, circumvent, modify, disrupt, overburden, or otherwise impair any aspect of our Services (including Accounts of others) or related technology, devices, systems or networks.
- Engage in unlawful, abusive, threatening, obscene, defamatory, libelous, harassing, hateful, violent, racist, or otherwise objectionable or offensive acts, whether by posting and/or transmitting such information through our Services, or by any other means (e.g., by posting links to such content).
- Use our Services to post, supply or make available any material or information that infringes on any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other right of a person or entity.
- Use our Services to post, display, or transmit any other person or entity’s private information, including personally identifiable and/or financial information.
- Copy or reproduce (except as expressly permitted), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services.
- Scrape, harvest, or extract data from the Services.
- Seek to obtain advantage or information from our Services using methods not expressly permitted by Lessmore.
- Institute, engage in, assist with, or become involved in any form of attacks upon our Services, including but not limited to denial of service attacks, creation or distribution of viruses or malware, or attempts to disrupt our Services or others’ enjoyment of our Services.
- Create, use, offer, promote, advertise, make available, and/or distribute exploits, cheats, bots, software, hacks, mods or any unauthorized third party code or software that can be used to interfere with, alter or modify our Services, or that can be used in conjunction with our Services.
- Use our Services to violate any applicable law or regulation.
- Use our Services for any activities other than what are reasonably considered the common and usual activities associated with the Services for general entertainment.
5. YOUR ACCOUNT
When you access or use the Services, you have the opportunity to create an account with your e-mail-address and a password (“Account”). You are responsible for all use of the Services and activity related to your Account. It is your sole responsibility to maintain the confidentiality of your Login Information (especially your password). You agree not to engage in any acts that may compromise the integrity, fair play and/or security of your Account, including but not limited to sharing Login Information or permitting unauthorized access, loss, or theft. If you learn or suspect that your Account has been compromised, please contact us immediately. We also urge you to modify your Login Information to prevent further damage. We will not be responsible to you for any losses or harm you may suffer as a result of an unauthorized person accessing your Account and/or using your Login Information in connection with our Services.
6. SUSPENSION AND TERMINATION OF SERVICES/ACCOUNT
Without limiting any other remedies, we may suspend, terminate, delete, limit, or modify Accounts or access to the Services or any portions thereof, hold, delay, or remove hosted content, take legal and technical steps to prevent access to the Services, or take other action consistent with these Terms, with or without notice to you, if we suspect or determine, in our sole discretion, that you have failed to comply with any of these Terms or have otherwise engaged in illegal activity or improper use of our Services. This may result in the loss or termination of your Account, information, persona, rankings, benefits, Virtual Items, in-game purchases, or other losses. We are not and will not be held responsible for loss of any Account, information, persona, rankings, benefits, Virtual Items, in-game purchases, or other losses incurred, and are under no obligation to compensate you therefor.
We reserve the right to stop offering and/or supporting our Services or any portion thereof, including but not limited to any particular game, at any time for any reason. If this does occur, your license to access or use the applicable Services will automatically terminate and you may lose access to any content that you may have submitted or were in the process of submitting. We reserve the right to terminate any Account that has been inactive for 180 days or more. We are not required to notify you in advance of these actions, or to provide you any refunds, compensation, or any material or non-material benefit for discontinued or terminated Services or losses resulting therefrom.
You may choose to close your Account for any reason and at any time, but this does not release you from any obligations that may have already arisen. If you choose to exercise this right, please inform Lessmore that you wish to close your Account by either: (i) delete your account by clicking the “Delete Account” button in the applicable game or (ii) emailing firstname.lastname@example.org and requesting that your Account be closed. You understand that if you close your Account, you may no longer have access to information previously associated with your Account (including, without limitation, your game progress and any Virtual Items associated with your Account).
If your Account is terminated by either party, no refund will be granted; no credits will be credited to you, and you will have no further access to your account.
The following provisions will survive any termination or expiration of this Agreement: Ownership, License Restrictions, Confidentiality, Limitation of Liability, Miscellaneous.
The Services and all rights, title and interest therein are and shall remain the property of Lessmore or its licensors. This may include without limitation all games, mobile applications, software (including server software), websites, titles, characters, character names or profiles, stories, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, moral rights, in-game chat transcripts, all recordings of games and game play (exceptions possible with prior written consent from Lessmore – if you are a streamer please contact email@example.com ), and Virtual Items appearing and/or originating in our Services, whether provided, earned or purchased. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services, except for the limited license granted above; or (ii) to use or reference Lessmore or its licensors’ company name(s), logos, product and service names, or marks.
You acknowledge and agree that you will have no ownership or other property interest in any Account created in connection with the Services. You further acknowledge and agree that all interest in and rights to any such Account are and will be owned in perpetuity by and solely for the benefit of Lessmore.
8. FEES AND PURCHASE TERMS
Any time you purchase virtual currency (including but not limited to virtual cash and other in-game premium currency), virtual in-game items, and any other premium goods or services in connection with our Services (collectively, “Virtual Items”) with real currency (i.e., real world money), Lessmore grants you a limited, personal, non-transferable, non-sublicensable, revocable license to use such Virtual Items. All purchases and redemptions of such Virtual Items through our Services are final and non-refundable, unless otherwise determined by us. Lessmore may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice to you.
There is the possibility to purchase products for our games via payment providers/stores, such as the Apple App Store or Google Play Store. This will be handled by the corresponding store owners with you (the customer). Please contact the store owners directly if you have any questions about your payments. Lessmore does not store nor process payment data from customers.
You understand that use of the Services may result in charges to you, and you agree to pay all fees and applicable taxes incurred by you or anyone using your Account. Payments will be enabled using the payment method tied to your Account. We may revise the pricing for the goods and services offered through our Services at any time.
No refunds will be given, except in our sole and absolute discretion, and provided Lessmore has the possibility to do so. If you believe an unauthorized charge was made under your account you agree to notify us immediately so that we may take appropriate action.
9. UPDATES TO OUR SERVICE
You understand that our Service is a developing and evolving one. Lessmore may require that you accept updates to our Service. You may need to update third party software from time to time in order to receive our Service and/or play our games.
Lessmore reserves the right, at any time and at its sole discretion:
• To update or modify documentation.
• To make changes, update or discontinue Services or any feature or functionality thereof at any time.
• To terminate or restrict access to the Services.
• To modify the Terms of Service any time in order to take into account supreme court rulings and changes in the law that have occurred after the conclusion of the agreement, special imbalances between performance and consideration that arise subsequently, or loopholes in the regulations.
In case of modifying the Terms of Service, Lessmore will notify you of amendments or additions to the Terms of Service (“Change Notice”). Once the Change Notice has been served, the amendment or addition shall be deemed accepted after 30 days, unless you object within this timeframe (and quit the Service). Lessmore will advise you of this possibility with the Change Notice. In case you objects in accordance with this Section, the amendments or additions to the Terms of Service according to the Change Notice shall not apply and either Party may terminate this Agreement immediately. You have to discontinue use of the Services immediately.
10. DISCLAIMER OF WARRANTIES FEES AND PURCHASE TERMS
Without limiting Lessmore’s liability under Section 11 below, the Services are provided on an “as is” and “as available” basis for your use, with no warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Lessmore does not warrant that you will be able to access or use our Service at the times or locations of your choosing; that our Services will be of a certain quality or suitability, or will be uninterrupted or error-free; that defects will be corrected; or that our Services are free of viruses or other harmful components.
11. LIMITATION OF LIABILITY AND INDEMNIFICATION
So Either Party’s liability shall be unlimited for: loss or damage caused intentionally or by the gross negligence of the Party itself, its directors or its officers or intentionally or by the gross negligence by its other vicarious agents; loss or damage from acts causing death, body injury or illness, or from the assumption of a guarantee or a procurement risk, or under the German Product Liability Act.
Otherwise, the parties and their employees shall only be liable in the event of a breach of a material contractual obligation, but the amount of liability shall be limited to the damages foreseeable at the time of the conclusion of the agreement and typical for this type of agreement. Material contractual obligations within the meaning of this provision are, in addition to the main contractual obligations, also those obligations incumbent on the parties, the proper fulfillment of which makes the execution of the agreement possible in the first place and on the fulfillment of which the other party regularly relies and may rely.
Subject to the two subsections above, any other liability of one of the parties is excluded. Where a party’s liability is limited in accordance with subsections two of this section, it will not be liable for lost profits or any other indirect damages. Each party must use reasonable endeavors to mitigate any loss or damage it sustains or incurs under or in connection with this Agreement.
You agree to indemnify, save, and hold Lessmore, its affiliated companies, officers, directors, contractors, employees, agents, third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, including legal fees and expenses, arising out of or relating to: (i) your use or misuse of our Services or goods or services obtained in connection therewith; (ii) any breach or violation of these Terms; (iii) any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such matter upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of our Services.
Lessmore does not require from you to provide Lessmore with any of your confidential or non-public information.
Except as otherwise set forth in this Agreement, each party agrees that all code, inventions, know-how, business, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party“) constitute the confidential property of the Disclosing Party (“Confidential Information“), provided that it is clearly identified as confidential at the time of disclosure and is accepted by the Receiving Party as such. In case the Receiving Party believes the Disclosing Party has shared with the Receiving Party information, marked as confidential, but which the Receiving Party does not need or has not requested, the Receiving Party will immediately return to the Disclosing Party and/or destroy all records of such information. Notwithstanding the above any Lessmore intellectual property and technology shall be deemed Confidential Information of Lessmore without any marking or further designation.
Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information.
The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
You agree that the laws of the Republic of Germany govern this Agreement, its subject matter, any action related to this Agreement, and any claim or dispute that may arise, without regard to the conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims related to this Agreement will be resolved by a state court located in the Republic of Germany.
If any term of this Terms is held invalid, unenforceable, or void by a court of competent jurisdiction, such term will be enforced to the maximum extent permissible, such holding will not affect the remaining terms, and the invalid, unenforceable, or void term will be deemed amended or replaced by a valid, legal, and enforceable term that matches the intent of the original language as closely as possible.