Web Services Addendum to Starberry Games Terms of Service and Privacy Policy

This Web Services Addendum supplements and forms an integral part of the existing Starberry Games Terms of Service (“Terms of Service”) and the Starberry Games Privacy Policy (“Privacy Policy”). By using the web-based games and applications (collectively, the "Web Services"), you agree to the Terms of Service, the Privacy Policy, and this Addendum. Where a provision in this Addendum specifically addresses the Web Services, it shall take precedence over the general provisions of the Terms of Service or Privacy Policy.

1. Scope and Use of Web Services

  • This Addendum covers your access to and use of Starberry Games's web-based games and applications ("Web Services").

  • The Web Services are provided for personal, and non-commercial use.

  • No Monetization: The Web Services do not currently include any monetized features, purchases, or virtual items. Consequently, the payment, virtual item, and refund provisions in the general Terms of Service are not applicable.

  • Use of the Web Services is restricted to individuals with full legal capacity (typically 18 years old). Minors who are at least 16 years old may use the service only with the consent of a parent or guardian, as required by the Terms of Service.

2. Account Creation and Data Processing

  • To access the Web Services, you may be required to create a user account or authenticate through a supported login method. 

  • We may collect basic account information such as an email address, login credentials, or a display name (nickname). We also collect technical data (device type, browser, IP address, and error logs) and usage data (actions taken during use, for analytics).

  • Your login information is processed for purposes necessary to provide, secure, and improve the Web Services, including authentication, account management, recovery, and preventing fraudulent activity. Any password or equivalent credential is stored securely using industry-standard technical measures.

  • Your chosen display name or other publicly visible identifier may be visible to other users within the Web Services, and you must ensure it complies with the user obligations and code of conduct outlined in the Terms of Service.

  • We process your data on the following legal bases:

    • (a) Performance of Contract (GDPR Art. 6(1)(b)) for account creation, authentication, and providing the Web Services.

    • (b) Legitimate Interest (GDPR Art. 6(1)(f)) for data retention, service security, analyzing and improving the Services, and general fraud prevention.

  • ​​Data collected in connection with the Web Services will be retained only for as long as necessary to fulfill the purposes of processing or as required by law. Data will be deleted or anonymized in accordance with our Privacy Policy, typically upon account deletion, subject to necessary retention for legal claims or audit purposes.

  • While we employ standard security measures to protect the Web Services, we cannot guarantee the complete security of data transmitted over the internet. By using the Web Services, you acknowledge that data transmission carries inherent security risks, and you use the service at your own risk.

3. Intellectual Property and User Content

  • Content Rights: The non-exclusive, non-transferable, and limited right and license to use the Services granted to you in the Terms of Service fully extends to your use of the Web Services.

  • Starberry Games Content: All copyright, exploitation rights, and other intellectual property rights in and to the Web Services (referred to as "Content") are reserved by Starberry Games and its licensors. You may only use the Content solely in the intended context of using the service.

  • User-Generated Content (UGC): Any content you create, including but not limited to in-app text, artwork or video content, upload, or make available within the Web Services is subject to the following:

    • Grant of License: By submitting any UGC, you grant Starberry Games a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sublicensable right and license to use, reproduce, modify, distribute, and display such UGC in connection with operating the Web Services and Starberry Games’ marketing, advertising, and promotional activities, in any and all media.

    • Compliance: All UGC is subject to the general rules, restrictions, and the code of conduct as detailed in the Terms of Service. Starberry Games will act diligently and in a timely manner to review and, if necessary, remove User-Generated Content that is reported to be illegal or in breach of the Code of Conduct. Users may report such content via contact@starberry.games.

4. Service Availability, Disclaimers, and Limitation of Liability

  • The Web Services are provided "AS IS" and "AS AVAILABLE," without warranties of any kind. Starberry Games does not guarantee performance,uninterrupted availability, or functionality of the Web Services.

  • Starberry Games reserves the right to modify, suspend, or terminate the Web Services or your access thereto, at any time and for any reason, with or without notice. In the event of such termination, we are not required to provide any compensation. Notwithstanding the above, Starberry Games shall not be liable for any losses or damages arising from the use of the Web Services except in cases of intentional misconduct, fraud, or gross negligence.

  • Conditional Disclaimer (For Testing): If and when the Web Services are explicitly designated as a "beta," "test," or "preview" service, you acknowledge that they are provided in an experimental phase and may contain errors or incomplete features. Such a test version is offered free of charge and without warranties. We are not liable for any issues, losses, or damages arising from its use. You use the service at your own risk during this experimental phase.

  • This limitation of liability shall not apply to, and shall not exclude or limit, any liability for death or personal injury caused by negligence, fraud, or for damages caused by the intentional misconduct (Vorsatz) or gross negligence (Grobe Fahrlässigkeit) of Starberry Games, its agents, or vicarious agents, or any other liability that cannot be lawfully excluded or limited under applicable law.

  • Any disputes arising from or related to the Web Services are governed by the same governing law and dispute resolution provisions stated in the Starberry Games Terms of Service.

5. Data Processing Consent

  • Optional Communications:You may choose to receive optional communications (such as updates or notifications) related to the Web Services. We process data for these communications based on your explicit consent (GDPR Art. 6(1)(a)), which you have the right to revoke at any time.

  • Cookies and Tracking: We may use cookies or similar technologies (such as local storage or analytics scripts) as described in our Privacy Policy. Non-essential Tracking Technologies, including those for analytics and advertising, are only deployed after you provide explicit, informed, and opt-in consent through our Consent Manager.

  • You can change or withdraw your cookie consent at any time through the Consent Manager or by contacting us at privacy@starberry.games

  • In case of any inconsistency, the data protection provisions in this Addendum shall prevail for the Web Services. All other data handling follows the general Starberry Games Privacy Policy.