EverNever Game

1. Introduction

We are looking forward to welcoming you as part of the "EverNever" community. The following General Terms of Use set out the legal framework for using "EverNever" game and the services that we offer. Therefore, please read these General Terms of Use carefully.

2. Scope

2.1 Parties to the contract and subject matter of the contract

These General Terms of Use form the basis of the user contract being formed between you and us, "EverNever" game (hereinafter referred to as "us" or "we"). The subject matter of this contract is the use, free of charge or for a fee, of the services we offer under the name "EverNever" game via our website or via our mobile application (hereinafter referred to as "EverNever").

2.2 Terms and conditions for participating

A condition for using the "EverNever" game services is that you are at least 18 years of age and have full legal capacity. "EverNever" game is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of "EverNever" game for commercial purposes of any kind is expressly prohibited.

2.3 Additional terms and conditions

We reserve the right to agree to additional terms and conditions for individual "EverNever" game services. We will, however, notify you of this in good time prior to use.

3. Liability for defects

3.1 Statutory provisions

Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.

3.2 Disclaimer of guarantees

We do not make any representations or guarantees that the use of the "EverNever" game will bring the result intended by you. We do not promise a concrete success. Also, the actual result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the "EverNever" game.

4. Liability

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any events of any injury to life, limb or health, lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the app even if company has been advised of the possibility of such damages. Access to and use of the app is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the app. We may suspend or terminate your rights to use the app at any time for any reason at our sole discretion, including for any use of the app in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the app will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms.

5. Rights of use over “evernever” content

The services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites or applications other than "EverNever" game, is not permitted.

Any questions or ideas that are submitted to us for our game inclusion consideration will become property of “evernever” game. Idea submissions are at your sole discretion and “evernever” game will not issue out any monetary compensation for accepted submissions.

The right of use will lapse when your access to the respective service is no longer enabled (e.g. when your user contract ends).

6. Subscription

You can subscribe for a premium subscription to get instant access to all existing and future content.
Subscription options can be: 1-week

6.1 Subscription Pricing

All prices are subject to change without notification. We occasionally run promotion prices as incentives or limited time opportunities for qualifying purchases made during the promotional time period. Due to the time sensitive and promotional nature of these events, we are unable to offer price protection or retroactive discounts or refunds for previous purchases in the event of a price reduction or promotional offering.

6.2 Automatic renewal

A subscription automatically renews for the same price and duration period as the original subscription package unless auto-renew is turned off at least 24-hours before the end of the current period.

6.3 Manage Your Subscription

Subscriptions can be managed by visiting your App Store account settings. To change a subscription, please visit support.apple.com.

6.4 Cancel Your Subscription

You can cancel your subscription anytime by turning off auto-renewal through your App Store account settings. This must be done 24 hours before the end of subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service. No cancellation of the current subscription is allowed during active subscription period.

7. Pack Rent and In-App Purchases

7.1 Acceptance of Terms

By using our mobile application and related services (the "Service"), you agree to be bound by these terms of use ("Terms"). If you do not agree to these Terms, you may not use the Service.

7.2 Pack Rent

The Service may offer rental packages of virtual goods (the "Pack Rent"). The rental period and cost of the Pack Rent will be specified in the Service. The virtual goods rented through Pack Rent are meant for personal, non-commercial use only and cannot be used for any commercial purposes. You may only use the Pack Rent for the specified rental period and on the device used for purchase.

7.3 In-App Purchases

The Service may offer the option to purchase virtual goods or in-game currency (the "In-App Purchases"). The cost of the In-App Purchases will be specified in the Service. All In-App Purchases are final and non-refundable.

8. App Data Storage and Retrieval

Certain data, such as "Favourite cards" and "Custom packs", are stored only on your local device. If you uninstall the application or reset your device, this data will be permanently lost and cannot be retrieved. Therefore, we recommend that you exercise caution when uninstalling the application or resetting your device to prevent unintended data loss.

9. Responsibility for user-generated content

9.1 Disclaimer of responsibility for third party content

You are solely responsible for content that you post within the “evernever” game. We accept no responsibility for this content, nor do we monitor it.

9.2 Compliance with statutory provisions

When supplying your own content you are obliged to comply with all the applicable laws and other legislation. Regardless of whether or not it constitutes a criminal offense, it is prohibited to supply content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature. In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). We are entitled to delete or remove any content that is unlawful or that infringes the above-mentioned principles at any time.

9.3 Indemnification

If you infringe the principles mentioned in clause 6.2 and that this is your fault (i.e. because you acted either negligently or with intent), you are obliged to indemnify us against any third-party claims arising from such infringement. We reserve the right to assert claims for damages and other claims.

10. Personal data

We process your personal data in accordance with our privacy policy; you can always retrieve the current version of these. In particular these data protection provisions govern and explain the extent to which your personal data can be seen by other users and what options you have for controlling its disclosure to other users.

11. Change to the general terms and conditions of business

We have the discretion to update these terms of use at any time. You acknowledge and agree that it is your responsibility to review these terms of use periodically and become aware of modifications.

12. Final provisions

12.1 Language of the contract

The language of the contract is English.

12.2 Severability clause

Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.

Terms of use