Terms and conditions

Last updated: 02/17/2020

Sim Companies is a business simulation game available at www.simcompanies.com or through various distribution platforms (also as a mobile application) (hereinafter referred to as "Game"). It is developed and operated by Sim Companies s.r.o., Id. No.: 07198248, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 296455, and having its registered seat at: Slévačská 1108/1b, 198 00 Prague, Czech Republic (hereinafter referred to as "We", "Us" or "Sim Companies s.r.o.").

Your use of the Sim Companies Game and provision of all related services offered in the Game (hereinafter referred to as "Services" or "Sim Companies") are subject to the following terms and conditions (hereinafter referred to as "Terms"). Please note that additional terms of the distribution platforms may apply depending on the means of access to the Services you use.

Registration

By creating Sim Companies account, accessing or otherwise using the Services you accept these Terms and enter into a legally binding agreement with Sim Companies s.r.o.. (hereinafter referred to as "Agreement"). You may not accept these Terms unless you are at least 15 years of age and you have sufficient legal capacity to enter into a contract.

If you do not agree to the Terms, please do not access or otherwise use our Services.

You can create Sim Companies account either with your e-mail address, with your personal Facebook account (through Facebook Login) or supported distribution platform account (e.g. Google Play, Armor Games). Please note that you are allowed to have only one Sim Companies account.

You agree to provide Us only accurate, truthful and up-to-date information and keep it up to date. We reserve the right to refuse your registration.

You accept responsibility for all activities that occur under your Sim Companies account. Therefore, you should take all necessary measures to ensure the confidentiality and security of your Sim Companies account credentials.

Privacy

Information on how We handle your personal data is available in the Privacy Policy, which forms an integral part of these Terms. By accepting these Terms you acknowledge that your personal data will be processed in accordance with the Privacy Policy.

Hardware and software requirements

The Game is optimized to run smoothly even on older computers and handheld devices. The only software requirement is up-to-date internet browser (such as Google Chrome, Apple Safari, Microsoft Edge, Firefox or Opera). To be able to run the mobile phone application you need a device running Android 4.4W or higher.

The Services require an internet connection. To enjoy a good gaming experience, you need an internet connection on a level of at least 3G wireless cellular service. Please note that using the Services may incur standard charges for your internet connection according to the rates of your provider. You shall always bear all costs related to your use of the Services.

Your use of the services

The Services may be used only in accordance with these Terms and for the purposes they were intended. You also have to comply with all applicable laws when using the Services.

It is strictly forbidden to:

  • access our Services with other means than internet browser or mobile phone application;
  • attempt to gain unauthorized access to the Services;
  • overload the Services or otherwise disrupt or interfere with their normal operation;
  • mine or extract any data from our databases;
  • modify, hack, reverse-engineer, decode, decrypt or decompile any part of the Services;
  • create derivative works based on the Services without our permission;
  • otherwise adversely affect the Services.

Some features of the Services, including messaging functionality, enable you to enter texts and upload images or other content (hereinafter referred to as "User content"). You retain all rights you hold in the User content you enter or upload to the Services, including copyright. By entering or uploading the User content to our Services you grant Us a worldwide non-exclusive, no-charge and royalty-free license to use it in connection with the provision of the Services, including without limitation, rights to copy, reproduce, modify, create derivative works of, publish, display, upload, transmit, distribute, market and sublicense the User content. This license shall last for the full term of the copyright in question.

You are solely responsible for any User content you enter or upload to the Services, including your communications with the other users, and for any consequences thereof. By entering or uploading the User content you represent that you have all the necessary rights and consents to do so. You may not enter or upload to the Services unlawful User content or User content infringing copyright or any other third-party rights.

You shall not enter or upload to the Services any User content or link any other content (including communications with the other users) that:

  • is illegal;
  • is malicious (e.g. viruses, malware or spyware);
  • can be considered libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;
  • has a commercial or advertising nature;
  • has a nature of unsolicited communications.

We do not systematically review the User content, however, we reserve the right to remove or disable access to any User content for any reason.

Furthermore, you shall not:

  • impersonate someone else, including other users of the Services;
  • harass, stalk or otherwise bother other users of the Services.

We reserve the right to suspend your Sim Companies account at any time and for any reason and terminate our Agreement.

License and ownership

The Services, particularly the Game, and all rights therein, including intellectual property rights, shall remain our property or the property of our licensors. Nothing in these Terms shall be construed to grant you any rights, except for the limited license granted below.

We grant you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use the Services for the duration of our Agreement. The license is granted solely for your personal, non-commercial use. Therefore, you may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Game or any other part of the Services. Third-party services or libraries included in the Services are licensed to you either under these Terms, or under the third party's license terms, if applicable.

In-game purchases

The Game is currently available free of charge, however, it contains in-game purchases. We do not guarantee you that the Services or any of their features will always be free and We reserve the right to change our pricing model or prices at any time.

All virtual items We currently offer for purchase are listed in our in-game store, together with their description and information about the price and available payment methods. Description of the items includes also information about any usage limitations virtual items may have (such as expiration period). Prices of the virtual items may vary depending on the means of access to the Services you use (for detailed information on prices and available payment methods please refer to https://www.simcompanies.com/pages/supported-platforms). Prices are displayed in USD (web version) or your local currency (mobile application) and include all applicable taxes and fees.

There are no delivery costs, however, purchasing of the virtual items requires an internet connection which may incur standard charges according to the rates of your provider.

You can purchase the virtual items simply by pressing the "PAY" / "BUY" button in the interface of the in-game store or the payment dialogue of the distribution platform. By pressing the "PAY" / "BUY" button you enter into an additional agreement with Us pursuant to these Terms. Such an agreement consists of your order and these Terms. Before pressing the "PAY" / "BUY" button you can always go back and modify your order.

Payment is due and payable immediately upon completion of the purchasing process. Our performance starts immediately after the successful transaction through electronic means by unlocking purchased features or making the purchased virtual items available for use in your Sim Companies account.

In a case, you are a consumer with your normal place of abode or residence in the European Union, by pressing the "PAY" / "BUY" button you also consent that our contractual performance will start immediately and you acknowledge that for this reason, you lose your right of withdrawal.

We keep the history of your purchases, however we do not make it available to you.

We do not store any of your payment information. The distribution platforms, payment solution providers or their contractors are solely responsible for the payment processing.

Refunds for the in-app purchases are not provided except upon legally justified claims.

Defective performance and claims

We are responsible that the virtual items you purchase from Us are free from any defect upon receipt (e.g. that you receive the right quantity of items or that you can use them as advertised). If the defect becomes apparent within six months of the date We made the purchased virtual items available to you, they shall be deemed to have been defective at the time of the receipt. Furthermore, if there is an expiration period specified for the virtual items, We undertake that these items will be fit for use for their purpose for the whole duration of the respective expiration period.

Your rights from the defective performance are governed by the Czech Civil Code and Act on Consumer Protection, unless required otherwise by mandatory law. Described in simple terms, in the event of a defect, you may submit a claim requesting a replacement of the defective items, error correction, reasonable discount or agreement withdrawal, depending on severity of the defect and whether you are a consumer.

You can submit your claims to support@simcompanies.com or the address of our registered seat. We will send you a confirmation of your claim and inform you without undue delay about the result of your claim. In the case of a justified claim, you have the right to reimbursement of reasonable costs incurred in connection with the claim submission.

Consumer information

In the event of a consumer dispute between you and Sim Companies s.r.o. that failed to be settled by mutual agreement, you are entitled to apply for an alternative (out-of-court) resolution of the dispute to the designated authority which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department Štěpánská 15, 120 00 Prague, Czech Republic, E-mail: adr@coi.cz. Alternatively, you can also use the online dispute resolution platform of the European Comission available at https://ec.europa.eu/consumers/odr/.

As a consumer, you can also lodge a complaint with the Czech Trade Inspection Authority that carries out monitoring and inspection in the field of consumer protection.

Export control

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country and you are not listed on any U.S. Government list of prohibited or restricted parties.

Maintenance and support

You acknowledge that We have no obligation to maintain or update the Services. We do not guarantee you an uninterrupted provision of the Services. The Services or integrated third-party services may be temporarily unavailable due to maintenance, certain technical difficulties, or other events that are beyond our control.

The Services are subject to continuous development and We reserve the right to update them, change their nature or modify or discontinue some of their features at any time. All that at our sole discretion and without prior notice to you.

Warranties and limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, AND PROFITS, PROPERTY DAMAGE OR OTHER INTANGIBLE OR ECONOMIC LOSS, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, CANCELLATION OR MODIFICATION, HACKING ATTACKS, FAILURE, MALFUNCTION OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF THE SERVICES OR INTEGRATED THIRD-PARTY SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION ABOVE DOES NOT INCLUDE OUR LIABILITY FOR FRAUD, MISREPRESENTATION AND PERSONAL INJURY OR DEATH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED TEN U.S. DOLLARS ($10.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT FULLY APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THEREFORE THE ENTIRE RISK, IN PARTICULAR AS TO SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, AND EFFORT, REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND EXCEPT AS SET FORTH IN THE PRESENT TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.

Indemnification

You agree to indemnify and hold Us, our directors, officers, employees and other representatives, harmless from any and all third-party claims arising out of your use of the Services, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and attorneys' fees.

Amendments

From time to time, We may amend these Terms at our sole discretion. You will be notified about the planned changes via e-mail at least 14 days prior to the effective date. If you will not agree with the upcoming changes, you may terminate the Agreement by deleting your Sim Companies account. By continued use of the Services after the effective date of the updated Terms, you are expressing your acceptance of the changes.

Term and termination

The Agreement shall remain in full force and effect until terminated by either you or Sim Companies s.r.o. The termination always includes a deletion of your user account.

You may terminate the Agreement at any time by deleting the Sim Companies account in the settings section of the Services. We may terminate the Agreement with you at any time and for any reason.

It is not possible to request a refund for your unused purchased items in case of Agreement termination.

Governing Law and Disputes

Unless otherwise required by a mandatory law, the Terms, and all agreements concluded on their basis, as well as any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by the laws of the Czech Republic. All court disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the registered seat of Sim Companies s.r.o.

Severability

If any provision of the Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.

Language

English shall be a primary language of communication between you and Sim Companies s.r.o. These Terms are available in the English language and other currently supported languages available in the settings section of your Sim Companies account (e.g. German). All agreements based on these Terms may be concluded in the selected supported language, provided that the part consisting of these Terms shall be deemed concluded as dual-language - in the selected language and English (unless English was selected). The English version shall be controlling and prevail in case of any discrepancies or inconsistencies between the language versions of the Terms.

Contact details

You can contact Us with your questions, complaints or claims with respect to the Services via e-mail support@simcompanies.com or at our address:

Sim Companies s.r.o.
Slévačská 1108/1b, 198 00 Prague