# Terms and Conditions of Use, Version: 01.08.2020

The following Terms and Conditions of Use apply for anybody who installs (hereinafter referred to as the “User”) Cash'em All (hereinafter referred to as the “App”).

The Cash'em All app is offered and operated by justDice GmbH (hereinafter referred to as the “Provider”). Detailed contact information about the Provider can be found in the legal notice within the App or at https://cashemall.online/legal/imprint/).

##1. Registration, Use Requirements, Password

## 1.1.

The use of the App is possible without special costs after registration. The registration takes place by entry of the email address or the single sign-on from Facebook or Google in the dialogue window or menu item provided for this purpose in the App. Anybody may register if they fulfil the following requirements:

(a.) over 18 years of age and therefore fully contractually capable,

(b.) provided the mandatory details requested during registration completely and true in terms of content, and

(c.) currently has no user account for the App.

## 1.2.

By completing and submitting the registration form, the User requests that a user account by set up for the App. By subsequently confirming or carrying out the registration via the Provider, a user relationship will come about, entitling the User to use all services and functions of the App.

## 1.3.

The use and registration in the App is only permitted for private purposes. There is no right to registration or login, or the use of corresponding services and functions of the App. The User is obliged to provide complete and correct details. Only one user account may be set up per user. The transfer or sale of a user account to third parties for one’s own purposes is not permitted. Email addresses or self-selected user names may not be capable of violating the interests and rights of other users worth protecting or breaking laws.

## 1.4.

Upon registering, the password selected by the User for its user account will be assigned. The User may not disclose the password, or make it accessible, to third parties, and must store it carefully, in order to prevent misuse. It is obliged to inform the Provider immediately if the password is lost or it becomes aware that unauthorised third parties have gained knowledge of the password. The User is liable for any misuse by third parties, unless it provides evidence that it is not at fault.

## 2. Term, Cancellation, Right to Withdrawal

## 2.1.

Registration in the App and the associated opportunity to use the App to its full extent apply until cancellation, which can be declared by the User or the Provider with a notice period of one month.

## 2.2.

The right of the contracting parties to extraordinary termination for cause remains unaffected. For the Provider, cause is, in particular, if (i) the User uses the App in breach of the contract, in particular for commercial purposes or misuse, or in breach of the conduct obligations in Fig. 11 of these Terms and Conditions of Use, or (ii) the application for registration was improper or misused.

## 2.3.

Any cancellation must be in text form. The User can send a cancellation notice to the address of the Provider named in the legal notice. The Provider can send a cancellation notice to the email address last stated by the User in the user account.

## 2.4.

After the expiry of the cancellation notice period, or upon another termination of the user relationship between the User and the Provider, the right of the User to further use of the services and functions of the App, which is necessary for a registration or login, will cease to apply. Access to data and content that were associated with the User account is generally no longer possible for the User after cancellation.

Coins that the User generated before the cancellation became effective can be redeemed up to six months after the coming into effect for cash or another award offered by the Provider in accordance with Fig. 5 of these Terms and Conditions of Use. The coins will then cease to be valid and can no longer be redeemed. With the validity of the cancellation by one of the contracting parties, the right of the User to collect coins in order to redeem them for awards expires.

## 2.5.

The statutory right of the User to cancel the user contract substantiated with the registration within two weeks after the activation of the user account, by notifying the Provider, remains unaffected.

## 2.6.

After a cancellation or withdrawal, the User is free to continue to use the Preset Apps it has acquired from the partner companies of the Provider.

## 3. General Service Description

The App is an offer to present apps from all categories. It also enables the participation in a bonus or award programme for the active use of gaming apps and other apps. Participation in the App is solely for entertainment purposes. The objective of the App is to present to the User games and other apps, for the use of which the User can receive coins via the App, possibly on the basis of its previous app preferences as well as its use and purchase behaviour regarding such apps. The User generates coins by actively using the apps of the partner companies of the Provider preset in the App (hereinafter referred to as “Preset Apps”) and purchasing services and virtual items in the Preset Apps (in-app purchases).

## 4. Collecting coins

## 4.1.

The App provides users with the opportunity to collect coins for the use of the Preset Apps. The

  • Preset Apps for which coins can be collected,
  • the number of coins that can be generated per app,
  • and the temporal and content restriction of special offers or special promotions regarding individual coins and awards,

are set by the Provider alone and can be changed by the Provider at any time without stating reasons. The User has no legal entitlement in this regard.

## 4.2.

Coins will automatically cease to be valid one year after they are credited to the app account of the User, if they are not redeemed in exchange for awards beforehand.

## 5. Redeeming Coins and Receiving Awards

## 5.1.

Users can redeem their coins, in accordance with an exchange rate set by the Provider per award, in exchange for certain awards, such as PayPal credit, cash payments or virtual awards for other apps, voucher codes, or other digital content. The awards can be selected by the User in the award shop of the App. The User can select any of the awards offered by the Provider for which it has collected a sufficient number of coins, provided that the selected awards are available. Before any payouts are made, users must take a selfie using the app on their device; this is necessary to check whether the bonus earned was generated by a real person. Details on this process and the processing of personal data as part of this process can be found in our Privacy Policy (https://cashemall.online/legal/privacy).

## 5.2.

Cash payments will be transferred by the Provider to a normal bank or online account of the User (e.g. via PayPal). For this purpose, the User must provide its payment details as part of the payment of the awards (bank details, email and user name for its online account, if necessary). The Provider will store this information for future transactions.

## 5.3.

Virtual awards could be, for example, in-app items that the User is gifted in other apps. The virtual awards can be given to the User via different channels, including but not limited to email, push messages, SMS, or by clicking on a button.

## 5.4.

Awards for the coins could also be voucher codes that the User can redeem in other apps or shops. When redeeming coins for a voucher, the performance of the Provider is limited to a voucher code being sent to the User by the Provider granting the User a right to conclude a contract with the respective issuer of the voucher or the party states for the respective voucher as the Provider of the service, under the terms and conditions stated in the respective voucher. The Provider does not accept any responsibility for the capability or creditworthiness of the voucher partner and does not owe the services stated in the voucher. The voucher partner is solely responsible for the handling of this contract, including any guarantee claims.

## 5.5.

For the redemption of awards, the exchange rate at the time of redemption always applies. The Provider reserves the right to continuously change and adjust the exchange rate. The User has no entitlement to the maintenance or granting of a certain exchange rate.

## 5.6.

The Provider continuously further develops the App. The User has no entitlement to the preservation of the App or Preset Apps in the version existing upon the conclusion of the contract. The Provider therefore reserves the right to offer new features and functions, mainly but not exclusively for the redemption of coins, at any time. In the course of the adjustment and further development of the App, the Provider also reserves the right to link additional features to certain conditions (e.g. reaching a certain coin account balance or carrying out certain actions such as other app installations) or to no longer offer them at all.

## 5.7.

The Provider does not guarantee the User any winnings. In particular, the User has no right to the payout of a certain award. There is only an entitlement to the payout of an award if such an award has been offered explicitly by the Provider. The exchange rate at the time of coin redemption always applies.

The User shall not be entitled to

the payment or redemption of the reward if he/she violates the game rules or rules of conduct set out in section 11, particularly if he/she has technically manipulated the outcome of a game or the App itself.

## 6. Fees

The use and registration in the App takes place without the collection of fees or costs.

## 7. Rights to the Content Provided by the Provider

The content provided in the App by the Provider is copyright and ancillary copyright protected. The duplication, public reproduction or other use, or exploitation of such protected content is not permitted without the permission of the respective right holder. The users may use, access, store and print the content only for the purposes of the contractual use of the App and for private use, and provided that this is neither directly nor indirectly for the purposes of acquisition.

## 8. Availability, Data Security

## 8.1.

The Provider does not guarantee that the App, and services and functions subject to registration, will always work and always be available uninterruptedly and error-free. The User must ensure a sufficient internet connection itself. The User is aware that the games and services, as with any software, can never be completely free from error. The User itself is responsible for adhering to the system requirements necessary for the use of the App, in particular regarding the operating system it uses. However, the Provider will endeavour, to the best of its abilities and to the most economically reasonable extent, to enable the uninterrupted and error-free operation of the App at all times.

## 8.2.

The Provider may restrict access to and availability of the App, and services and functions that are subject to registration, if the security of the network operations, the preservation of the network integrity, and in particular the prevention of severe disruptions to the network, software or stored data require.

## 8.3.

The Provider is not obliged to provide updates or upgrades for the App or adjust the App in any other way to any changes of hardware and/or software (particularly operating systems).

## 9. Guarantee/Liability

## 9.1.

If the Provider is made aware that the App displays errors that significantly impair its suitability for the contractual use, it will endeavour to rectify the errors as soon as possible, for example by providing an update. This excludes errors that are not within the area of responsibility of the Provider, e.g. errors that occur via updates to the Android operating system.

## 9.2.

The use of the Preset Apps is regulated exclusively by the User contract existing between the User and the partner company of the Provider, and any terms and conditions of use set by the partner company. It is the sole responsibility of the User to inform itself about the essential matters as necessary for the decision on concluding a contract or agreeing to the terms and conditions of use of the partner company.

The Provider will not become a contractual partner of the User with regards to the use of the Preset Apps. The Provider assumes no responsibility in this regard for material defects or defective title. In addition, the Provider is not responsible for the correctness, completeness and/or topicality of the content of the Preset Apps. The Provider does not appropriate the content of these apps and is not liable for damage caused by or due to the use of these apps. In addition, the Provider does not accept responsibility for the services of the partner companies being provided properly.

## 9.3

The Provider is otherwise liable to an unlimited extent for intent and gross negligence. The Provider is only liable for simple negligence if its vicarious agents or legal representatives breach a duty that is of significant importance to the achievement of the contractual purpose (so-called cardinal obligation). In this case, the liability is limited to foreseeable damage; this will be a maximum of the amount of the fee paid by the User for the use of the App or services and functions that are subject to registration. The above-mentioned limitation of liability does not apply for claims that result from product liability law, or for personal injury. However, if the liability of the Provider is excluded or limited, this also applies for the personal liability of its legal representatives and vicarious agents.

## 10. Rules of Conduct of the User

## 10.1.

The User may not load, store, distribute, present, make public, publish, refer to or link, with the aid of the App, any content that could violate or impair the personality rights and/or property rights of third parties, and/or

  • is considered obscene, offensive, defamatory, lewd, violence-glorifying, pornographic, harassing, unsuitable for minors, racist, hate speech, xenophobic, extreme right-wing, or otherwise objectionable, and/or
  • contains or represents viruses, Trojans, circumventions within the sense of access control service law, or unsolicited mass transmissions (so-called “spam”), and/or
  • serves and/or is suitable to read, store or transfer personal data of other members for purposes other than the proper use of the offering, and/or
  • invites participation in chain letter, pyramid scheme or bonus share promotions or has other marketing purposes.
## 10.2.

The User may only set up one account in the App (“prohibition of multiple accounts”). In particular, an account may not be used to provide benefits to another account of the same user, for example by transferring items or credits in the game currency within a game from one account to another account of the same user (“pushing prohibition”).

## 10.3.

The use of the App is only permitted by means of tools provided by the Provider or otherwise permitted (“prohibition of the use of unauthorised scripts”). This means the following in particular: The use of programmes that cause a disproportionate load on the server is not permitted. The use of software for the systematic or automatic control of the App or individual game functions (bots or macros) for the reproduction or analysis of games, game elements or the content set in the app is not permitted.

## 10.4.

The Provider reserves the right to exclude the User and its end devices from the services, in the event of impermissible use behaviour, without stating the specific reason (impermissible behaviour includes, for example, the use of multiple end devices from one IP address [if this is not customary at the respective location or in the respective country], multiple use of user accounts that are linked to payment service providers, and certain changes to the mobile operating systems, such as the granting of unrestricted admin access, installation of malware or a specific modification of the operating system etc.);

## 11. Changes to the Terms and Conditions of Use and the App

The Provider reserves the right to change these Terms and Conditions of Use at any time and add new or additional terms or conditions for your use of the services. The User will be informed about these changes and additional terms and conditions, and if they are accepted by the User they will become effective immediately and will be included in this agreement. If the User rejects such changes, the Provider has the right to terminate the agreement.

## 12. Data Privacy

The use of the App is subject to the Data Privacy Statement in its current version, available under the “Datenschutz” (data privacy) heading within the App or at https://cashemall.online/legal/privacy. Unless the User has explicitly consented to further processing and use, the Provider will only use the personal data given during the registration thereafter, provided that and as long as this is legally permitted, to provide the services and functions subject to registration in particular. Further information about what happens to the personal data of the User can be found in the Data Privacy Statement and its corresponding declaration of consent, which must be confirmed before the active use of the App.

## 13. Final Provisions

## 13.1. Server Time

If a date and/or time is decisive for declarations and legal transactions, the displayed server date and the displayed server time of the App is decisive.

## 13.2. Applicable Law and Place of Jurisdiction

German material law applies, with the exclusion of the reference rules. This also applies if the User accesses the App from outside of Germany.

The place of jurisdiction for all claims in connection with an order is Hamburg, provided that either the User does not have its place of residence or habitual place of residence in Germany, or if the registration in the App can be traced back to the commercial or self-employed activities of the User. The Provider is entitled to also file suits at the general place of jurisdiction of the User. The mandatory regulations of the Brussels I Regulation take precedence.

## 13.3. Sub-providers and Contract Takeover

The Provider is entitled to entrust third parties, in whole or in part, with the provision of the agreed services at any time. Moreover, the Provider can assign its rights and duties from this contract to one or more third parties (contract takeover). In the case of a complete contract takeover, the User has the right to cancel the contract without notice.

## 13.4. Text Form

Agreements deviating from these Terms and Conditions of Use must be in text form in order to be effective. This also applies for a cancellation of the written form requirement.

## 13.5. Severability Clause

Should a provision of these Terms and Conditions of Use be or become invalid, the validity of the remaining clauses will be unaffected. The invalid or unenforceable provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies in the case of a loophole.