released 2023-10

terms of service

Our company (also mentioned as how2.win, „we“ or „us“) operates a platform (portal, website) for collecting, analyzing and processing video game statistics at how2.win. Owner and operator is

The use of the services and products (in short services) of our company is subject to the terms and conditions set forth below.

If someone uses (or continues to use) our portal, he or she agrees to our terms and conditions and any changes. Accordingly, it is his or her duty to inform himself or herself about our terms and conditions in a timely, regular and comprehensive manner before using our services and/or after changes have been announced.

In addition, each user is subject to all published guidelines and policies regarding our services, which may also change from time to time. All these guidelines and policies, including but not limited to our privacy policy, are hereby incorporated into our terms of service.

For the sake of simplicity, we may translate the agreements set forth herein. Nevertheless, the official language of the country in which our company is located governs the mutual contractual relationship, so any discrepancies will be resolved in favor of the current version of the terms of service in that same official language.

description of services

how2.win offers registered persons various free (also mentioned as basic membership) and paid (also mentioned as subscription) options to collect, analyze and process video game statistics. Our special quality lies in the individually desired, individualized evaluation, for which an adjustment to the interests and needs of the respective customer is necessary. Therefore, our platform supports a range of content-related, functional and communicative personalization options. Our free and fee-based offers with their respective scope can be viewed on our website, eventual after a registration.

Furthermore, we may offer free or paid services of third parties and issue or conclude contracts and orders on their behalf. The respective scope of third party services or offers can be taken either from the descriptions on our platform or from the official, published information of the third party.

In addition, we may ship, distribute and sell free or purchasable products (goods).

basic membership

In order to use our platform, the interested person (user) must create (register) an account on our platform. Legally competent persons according to the national law of our headquarter are entitled to register. (Un)limited legally incompetent persons (e.g. children) are allowed to use our platform if they have the consent of their legal representative. We can demand corresponding proof at any time.

The registration requires a valid e-mail address and a self-selected password. By sending the registration form, the interested person declares that he or she wants to use our free services.

Legally relevant information is sent to the e-mail address provided by the interested user, which is why the user must ensure that he or she can always be reached via the e-mail address provided and regularly receives information. In order to inform the user about the personalization options and adjustments of our platform, we can send corresponding information (e.g., as a newsletter) to the specified e-mail address. Users may object to receiving e-mails that do not contain legally relevant information at any time.

We are entitled to change, limit or terminate the basic membership at any time. In particular, services that were previously free of charge may be offered for a fee in the future. In such a case, we will try to inform affected persons at least two weeks in advance. An automatic transition to a fee-based contract is not possible.

The basic membership is concluded for an indefinite period of time.

paid membership

After creating an account for the basic membership, the customer has the option to book paid services (for example, as a subscription). Information on the additional services, any restrictions, costs can be found in the descriptions on our platform. Usually prices are inclusive of all mandatory taxes at the statutory rate. If the customer is not located in the same country as our headquarters, the prices and taxes may differ. In this case, the user may be obliged to pay the taxes himself.

A paid membership is concluded when the customer accesses his or her account, selects both the desired subscription and the desired payment method via our platform, initiates the payment via a payment provider (processor), and we receive confirmation of the payment from the processor. We generally provide the booked services immediately.

Furthermore, we may offer additional services and options on behalf of third parties that are made directly available to customers via our platform. In such a case, we are not responsible for the offer of the third party. For the use of such offers, the customer must conclude a contract with the third party and, if applicable, accept its privacy policy. Likewise, billing and payment processing for such offers can be carried out by the third party. Third party offers will be identified by us.

We may adjust the selected subscription with regard to individual components at any time in order to provide the customer with optimized services in accordance with his or her individual usage behavior. However, it is not possible to exchange the booked subscription.

We reserve the right to offer our customers services that go beyond the scope of the booked services as well as to make price changes, whereby price changes must be announced by us at least two weeks in advance. If the customer does not agree to a price change, he or she may cancel his or her subscription at the time the price increase takes effect. If the subscription is not cancelled in time, the new price is going to be charged as announced.

Subscriptions are usually renewed automatically with the corresponding payment interval. However, the customer is free to cancel the subscription at any time, whereupon a change to the basic membership takes place (usually at the next payment interval, after the end of the valid subscription).

free trial periods

We may offer users of our platform paid services free of charge for a certain period of time ("trial offer"). Such an offer can only be taken up once by each person. In order to prevent abuse, it is at our discretion whether someone receives a trial offer and whether certain requirements must be fulfilled (for example, stating payment data) .

If we offer someone a free trial period directly after registration, without a chargeable order of the customer, he or she can use the trial offer directly.

Trial offers end automatically or can be converted into a paid subscription if the customer accepts a payable order.

Trial offers can be cancelled by customers at any time before the end of the trial period without giving reasons.

goods

We may offer goods from our own stocks and/or from third party stocks and use various transport companies for delivery, whose terms apply in addition.

The respective delivery time of an item depends on the capacities of the contracted transport company and may vary.

If the goods are temporarily unavailable, we will inform the customer in the order confirmation. If the goods are permanently not available, we do not issue an order confirmation. In this case, no contract is concluded.

Normally, all prices on our platform include mandatory taxes in the statutory amount. For deliveries to countries outside of the country in which our headquarter is located, additional fees, taxes or customs duties may apply, which the customer must pay.

The shipping costs for an order are shown in the corresponding form and have to be paid by the customer.

In the case of a revocation as well as a return shipment caused by the customer (for example, exceeding the collection period, wrong address), the customer must has to pay the direct costs of the return shipment.

Until full payment, delivered goods remain our property (retention of title).

usage of our platform

For the use of our platform, costs may be incurred by third parties (e.g., for the data connection) and have to be paid by the customer.

Necessary information for the use of our services must be provided truthfully. Changes to the necessary personal data must be reported or made immediately in the account settings.

All access data that the customer receives must be treated confidentially at all times. The customer is obligated to keep access data safe and to avert access by unauthorized persons.

If the customer has provided false, inaccurate or outdated information, or we have reasonable guesses that this may be the case, we have the right to suspend or terminate the account in question and prohibit the person from any current or future use.

It is expressly prohibited to impersonate another person or to create and use an account for another person. However, legal representatives are allowed to create one account for each person they care for (e.g., their children).

The respective user agrees that he or she will use our platform only for lawful purposes and that he or she is responsible for any content or media that he or she may publish on our platform. Furthermore, the user agrees never to post or transmit any unlawful, infringing, harassing, threatening, abusive, hateful, obscene, profane, indecent, vulgar or otherwise objectionable content. This includes, without limitation, content that encourages criminal or civil liability conduct, infringes the intellectual property rights of others, or otherwise violates any applicable law.

The customer commits not to use our platform in a way that interferes with its normal operation or use by other persons.

It is forbidden to

• access, manipulate or use non-public areas of the platform, our systems or systems of our suppliers and partners,
• violate, circumvent, probe, scan, or test the security and authentication measures of our platform,
• access our services in any way other than through the interfaces currently available, published and provided by us,
• imitate, falsify or use our platform in any way to send or receive altered, deceptive or false information,
• reverse engineer, to exploit, sell, copy, modify, rent, lend, distribute, edit, decompile or otherwise attempt to derive the source code of our platform in an unauthorized manner,
• disrupt or interrupt the access of other users, networks, servers, including but not limited to sending a virus, overloading or flooding services, spam or mail bombing,
• display, execute or incorporate our Platform or any part thereof without permission,
• issue content or media created by others as your own, or to offer or distribute it without permission,
• upload, publish, distribute or send content or media that (may) infringe patents or rights of other parties on/via our platform,
• distribute content or media containing advertising, spam or other harmful intentions via our platform,
• distribute content or media that harms, disrupts, destroys or restricts other systems or people via our platform,
• harass or stalk other people, or to collect and/or store their personal information.

payment conditions

The following regulations only apply if a contract for a chargeable offer has been concluded directly via our platform.

Fees for chargeable services (subscriptions) are payable in advance on a periodic recurring basis. Unless otherwise specified in the description, subscriptions are billed monthly, quarterly (every 3 months) or semi-annually (every 6 months).

Subscriptions will be charged either on the calendar day on which the customer first booked the subscription or on the first day of a month.

If the customer wishes to purchase additional chargeable services during an already running subscription period, we reserve the right to charge the costs for the remaining number of days until the next regular billig period. The next regular billing period will contain the charges for all selected chargeable services.

We do not grant a refund or credit for a subscription period that has not been used fully. Therefore, a refund for an omitted or only partial use of the chargeable services or for started billing periods will not be made. An exception applies to the right of withdrawal.

The customer agrees that we may assign our claims in connection with the paid services or goods and their delivery to third parties.

Only the payment options shown in the payment process, in particular credit cards and PayPal, are accepted. The individual payment options may differ from country to country. The payment is usually collected and processed by a payment provider. The payment provider's general terms and conditions apply to the payment process and, if applicable, the customer must have an additional account with the payment provider.

If a charge or collection of the fees fails or is not possible and the customer is responsible for that circumstance, we have the right to restrict or block the customer's access to our platform. The restriction or blocking does not release the customer from his or her obligation to pay. A block shall be lifted or shall be omitted if justified, substantiated objections are raised against the claim or if a deferral agreement has been made.

If a charge or collection of the fees fails or is not possible and the customer is responsible for that circumstance, we have the right to charge the customer for additional costs incurred (for example, bank and processing fees).

If a payment fails, the customer may be able to settle open claims via his or her account on our platform, depending on the integration of the payment provider, by updating his or her payment data and triggering a new payment.

The customer agrees to receive invoices and reminders electronically, by e-mail or as a PDF via our platform.

availability

Our services are provided to customers without guarantee and as they are available. As a rule, our platform is available 24 hours a day. However, we reserve the right to restrict the operating hours to a reasonable extent if this is necessary for technical reasons (for example, for maintenance or to maintain the network integrity), for data protection or for security reasons.

We do not assume any responsibility or obligation for distributed services of third parties, unless we are responsible for its implementation.

revocation policy

If a contract was concluded directly with us, via our platform, the customer has the right to revoke the contract within fourteen days without giving reasons. The withdrawal period begins from the day of the conclusion of the contract. If a good was purchased, the withdrawal period begins from the day on which the good was delivered to the customer.

To use his or her right of withdrawal, the customer must inform us of his or her decision in writing by means of a clear declaration.

If the contract is revoked, we will refund all payments received without delay as soon as we have received the revocation. For the repayment we use the same payment method that the customer has used for his or her transaction, unless another agreement has been made.

If a good was purchased, we can refuse the refund until we have received the good back and have positively checked its condition. The return shipment must be complete, in the original packaging and within 14 days after receipt of the good. The customer has to pay the return shipment.

The right of withdrawal expires when we have started the execution of the contract and after the customer has

• agreed that we start the execution of the contract before the expiry of the withdrawal period.
• confirms that he or she will not use his or her right of withdrawal after the start oft he execution.

dispute resolution

We are not willing or obliged to participate in dispute resolution process of a consumer arbitration board.

concluding remarks

We do not guarantee that the presentation, materials or services provided by us are accurate, suitable or available outside of the country in which our headquarter is located, or that our terms and conditions comply with the laws of any other country. Users located outside of the country in which our headquarter is located are responsible for compliance with all laws of their country.

The use of our platform is at your own sole risk. Claims for damages by the customer are precluded. Excluded from this are claims for damages arising from the breach of essential contractual obligations or from an intentional, grossly negligent breach of duty on our part. In such a case, we are only liable for the foreseeable damage typical for the contract.

The customer cannot assert any rights to service provision if a restriction is caused by circumstances for which we are not responsible, for example technical defects in the hosting service or natural disasters.

We are entitled to change our terms and conditions with a notice period of six weeks. It is at our discretion how we communicate changes to the customers, for example by e-mail or by appropriate notices on our platform. It is expressly pointed out that the changes become part of the existing contract if the customer does not object in writing within six weeks of notification.

The customer may terminate his or her membership at any time by permanently deleting his or her account via our platform.

All claims arising from the contract shall be governed exclusively by the jurisdiction of the country in which our head office is located. Thus, the place of jurisdiction for all disputes is the headquarter of our company.

Amendments or supplements to these terms of service must be made in writing to be effective and must be expressly marked as such.

The contract shall remain in its residual parts even if individual aspects are legally invalid. The invalid parts shall be replaced by the legal provisions of the country in which our headquarter is located, if any. If this would represent an unreasonable hard for one of the contracting parties, the contract as a whole becomes invalid.