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Terms of Use

§ 1. General Information

Impressum – Legal Notice
  • Company: Ice Break INQ e.U.
  • Company Register Number: FN 547415 y
  • Adress: Seitenstettengasse 5/37, 1010 Wien Austria
  • VAT ID: ATU76432558
  • Email: support@icebreakinq.at

These terms of use apply between Ice Break INQ e.U. (hereinafter referred to as “Manufacturer”) on the one hand and the end customer (hereinafter referred to as “User”) on the other hand. The terms of use relate exclusively to the use of the
Software products:
  • Exit Maze (Steam)

(Hereinafter also referred to as “Product” (Products)). These conditions regulate the provision and use of the manufacturer’s products. Conditions of the user that deviate from this do not apply unless the manufacturer has agreed to their validity in writing.
These terms of use are in connection with the privacy statement of the products. Parents or other legal guardians in particular should read these terms of use and the privacy statement and explain the meaning of these terms of use to children under the age of 16 who use one of the products.

§ 2. Scope of services
With the software products, the manufacturer provides the user with a software suitable for specific devices, with which the user can play an entertainment game developed by the manufacturer.

§ 3. Download and Installation
The Software Products are made available for download on several Platforms and after downloading, is installed on a suitable device. No platforms other than those listed below may be used to download the products.

Possible Download of Products:
  • Exit Maze (Platform Steam) Steam

The use of the different platforms is subject to separate terms of use of the respective operator of the platform, and these are not the responsibility of the manufacturer.

§ 4. Scope of the right of use
1. The manufacturer provides the user with products for individual, intended and non-exclusive use, as well as for the duration of the usage relationship, on a device supported for this purpose and in accordance with the specifications and for the duration of these terms of use. The user may only use the respective products on suitable platforms.
2. For the deployment and use of the products, the system and software requirements specified by the manufacturer must be complied with in their current form. Compliance with the system requirements is the sole responsibility of the user.

§ 5. Start and Duration
1. The contractual relationship is concluded for an indefinite period.
2. The user has the right to terminate the contractual relationship at any time without observing a period of notice. The termination of the contractual relationship does not lead to a refund of the payments made.
3. The manufacturer has the right to terminate the contractual relationship with a notice period of 1 month. The manufacturer is also entitled to terminate the contractual relationship with immediate effect for an important reason. A breach of these terms of use is particularly considered as an important reason. The user is obliged to uninstall the software products from his end device immediately upon termination of the usage relationship.

§ 6. Fee
1. The pricing by downloading or using any of the products differs between the individual platforms. The pricing includes other platform-specific costs and taxes, which manufacturers have no influence on.
2. In order to be allowed to make purchases, the user must comply with the applicable laws of his country of residence. In addition, the user must be 16 years or older. The manufacturer is not responsible for checking the legality.
3. Payment processing methods are provided by each platform. The manufacturer is not responsible for the payment processing process.
  • Exit Maze (Platform Steam) Payment processing through Steam
4. The manufacturer is entitled to adjust the prices for its products at any time. Should the user be affected, the user will be informed at least one month in advance.
5. The user renounces any price negotiations.

§ 7. Warranty
1. The warranty is based on the statutory rules. It is noted that no individual properties of the products have been agreed with the user.
2. The user acknowledges that the availability of the products depends on the functioning of the internet and its infrastructure, over which the manufacturer largely has no influence; this is also not part of the contract. If the manufacturer is prevented from providing his contractual services due to force majeure (e.g. strike, natural disasters) or other circumstances for which the manufacturer is not responsible (e.g. technical failure at third parties), he will inform the user about this as soon as possible. Likewise, the manufacturer cannot rule out the possibility of downtimes resulting from necessary maintenance work. In view of this, the manufacturer does not guarantee the constant availability of the products.
3. In any case, the warranty does not extend to defects caused by the user violating these terms of use.
4. In the event of a software defect (including security gaps), the manufacturer will provide updates to the products within a reasonable period of time. The manufacturer points out that with ongoing product development, some functions of the App may no longer be able to be used with an outdated software version, which is why regular updates of all end devices are recommended.

§ 8. Liability and compensation
1. The manufacturer is only liable if the damage was caused intentionally or through gross negligence by the manufacturer himself or his or her vicarious agents, life damages (body or health) has occurred or there is an application of the Product Liability Act (PHG).

2. The manufacturer is not liable for:

  • Loss or damage not caused by our breach of these terms and conditions or our negligence.
  • loss of data, service interruption, computer or other equipment failure, or financial loss;
  • technical failures or the unavailability of services, if these problems are beyond our reasonable control.

§ 9. Duty of care
1. The user must take suitable precautions to ensure that unauthorized third-party access to the products and its improper use are prevented. If a user ID and password have to be entered in order to use the products, the user undertakes to take suitable measures to keep this information secret. If a user ID and password are not required to use the app, the user undertakes to protect the device used in some other way – for example by setting a passcode to unlock the screen – so that access by unauthorized third parties is prevented.
2. The user must also ensure that the terminal device used is adequately protected for using the products with regard to the security of the internet connection, the security of the device with regard to viruses and IT security and suchlike. The user undertakes to only use those end devices whose predefined usage restrictions have not been changed or expanded by third-party tools (e.g. “rooting” for Android devices).

§ 10. Protection of intellectual property (IP); use restrictions
1. The user is not entitled to make changes to the functionality or to intervene in the products himself or through third parties, in particular to separate components of the products, to decompile or disassemble them or in any other way to restore them to a readable form. The source code remains solely with the manufacturer.
2. The products are protected by copyright. The manufacturer does not transfer any usage or exploitation rights to the user that go beyond the intended use. The scope of the intended use results from these terms of use, any separate agreements and / or separately attached, supplementary terms of use. Any further use, exploitation, modification and duplication are not permitted.
3. The user is not authorized to remove or change copyright notices, trademarks, information on ownership and other features for identifying the products and the manufacturer, as well as legal notices. At the same time, the user is prohibited from using the manufacturer’s intellectual property (e.g. trademarks or logos or parts) for his own purposes.
4. The user may only use the services offered by the manufacturer as intended and must refrain from doing anything that could impair the availability of the manufacturer’s services to other users. The user is expressly prohibited from establishing a connection to the products via devices and / or third-party products that have not been authorized by the manufacturer.
5. The user is prohibited from renting, lending, selling, leasing or in any other way making available the access to the products or allowing access to it to third parties, who are not contractual partners of these terms of use. The issuing of further access rights lies solely with the manufacturer.
6. The user may not use the products in connection with systems that control technical processes that can endanger the health or life of people.

§ 11. Use restrictions for children
1. We are aware that we must proceed with particular care when using the products and processing personal data of children.
2. If you are not yet 16 years old, you may only use the products or transmit personal data if you have obtained the consent of your parents or legal guardians. The user of the products is advised separately of the age limit in advance of use (in the context of the display of the privacy statement and the terms of use) and must confirm that he/she is 16 years of age or older or that a parent or other legal guardian has consented to the use of the products.
3. In the event that people under the age of 16 use the products, the declaration of consent must be sent by their parents or other legal guardians to support@icebreakinq.at . In this context we refer to point 3 of our privacy statement.

§ 12. Withdrawal and revocation
1. The user is entitled to revoke the declaration of conclusion of these terms of use (conclusion of contract) or a contract that has already been concluded within 14 days without giving reasons. The cancellation period is 14 days from the day the contract is concluded. Once the Product has been downloaded and is available to the User, the User's right of withdrawal expires at that time.
2. If the user's right of withdrawal has not yet expired, the user must communicate his decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). The user can also use the withdrawal form (Appendix 1) for this purpose; however, this is not mandatory. In order to safeguard the right of withdrawal, it is sufficient for the user to send the communication regarding the exercise of the right of withdrawal before the end of the withdrawal period.

3. Optional revocation options:
  • Exit Maze (Platform Steam)

Withdrawal for this product we refer to the platform operator: https://store.steampowered.com/steam_refunds/?snr=1_44_44_

4. If the user revokes these terms of use, the manufacturer must repay any payments made by the user immediately and at the latest within fourteen days from the day on which the manufacturer received notification of the revocation of this contract. The manufacturer uses bank transfer for the repayment. The manufacturer will not charge any fees for the repayment.

§ 13. Development
The manufacturer is entitled to continuously develop the products, which can change both the operation and the scope of the services. The manufacturer will inform the user of any changes in an appropriate manner.

§ 14. Place of fulfillment, place of jurisdiction, dispute settlement
1. The place of performance for all services from these terms of use is the manufacturer’s headquarters in 1010 Wien, Austria. The manufacturer is entitled to entrust suitable third parties with the performance of tasks that the manufacturer owes in accordance with these terms of use. This applies in particular to tasks that the manufacturer has to fulfill towards the user. Such commissioned third parties are assigned to the manufacturer as vicarious agents within the meaning of § 1313a ABGB. The commissioning of third parties also does not change the place of performance.
2. These terms of use are subject to Austrian law to the exclusion of all conflict-of-law rules and the UN sales law. Without prejudice to the provisions on the place of jurisdiction for consumers in accordance with Section 14 of the Consumer Protection Act (KSchG), the court competent for 1010 Wien, Austria, is agreed as the competent court in terms of factual and locality.
3. The manufacturer is neither willing nor obliged to take part in an arbitration procedure according to the Alternative Dispute Settlement Act (AStG), for example by way of the “Internet-Ombudsmann” or arbitration for consumer transactions.

§ 15. Final provisions
1. Should individual provisions of these terms of use be or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions. The parties endeavor to find, in place of the ineffective or unenforceable provisions, those that come as close as possible to the contractual objective in legal and economic terms. The same applies to the occurrence of any contractual loopholes.
2. The manufacturer is entitled to change these terms of use at any time. The manufacturer will inform the user of such changes within the Products. The change in the terms of use entitles the user to terminate the contractual relationship in writing within a period of one month from notification. If the user does not cancel within this period, the changed terms of use apply as agreed. The manufacturer will specifically point out the importance of his behavior to the user at the beginning of the specified period.

Privacy Policy

1 General Information
With this Privacy Policy, Ice Break INQ e.U. (hereinafter referred to as "we" or "us") is fulfilling its data protection information obligations in accordance with Articles 12 f of the General Data Protection Regulation (hereinafter referred to as "GDPR"). Personal data is processed exclusively in accordance with the relevant data protection regulations, in particular the GDPR and the Austrian Data Protection Act (“DSG”).
This Privacy Statement relates exclusively to the processing of personal data by the following products (wholly or partially):
- Exit Maze (Platform Steam) Steam
We inform you in this Privacy Statement,
  • which of your data we process;
  • the purposes of the processing;
  • the legal bases for processing;
  • to whom we transfer your personal data;
  • how long we store your personal data;
  • your rights concerning your personal data;
  • how you can reach us in case of questions or inquiries in connection with data protection law.
Parents or other legal guardians in particular should read this data protection declaration and the terms of use and explain the meaning of this data protection declaration to children under the age of 16 using the Products. We point out that the use of the products for children under the age of 16 is only permitted with the consent of their parents or legal guardians (see in detail § 11 of the terms of use).


2 Details of the controller and the data protection officer
Controller:
Robin Hubacek
Seitenstettengasse 5/37, 1010 Wien
E-Mail: support@icebreakinq.at

3. Purposes and legal bases of data processing; data security
We only process your data (within the meaning of Art 4 Z 2 GDPR) if there is a legal basis. The legal basis depends on the purposes for which we have collected and used the data. Your data will be processed for the following purposes:
- Software update
We collect the software version and settings of your device to provide you with regular security or comfort updates of the software. These updates are then automatically installed on the device. The legal basis for the processing is your consent given to us (Art 6 para. 1 lit a GDPR).
- Declarations of consent from parents or other legal guardians; Customer service
In the event that people under the age of 16 use the products, a declaration of consent from parents or other legal guardians is required (see §11 of the Terms of Use). The declarations of consent must be sent to support@icebreakinq.at . In order to prove that declarations of consent have been received and for the purpose of general customer service, we collect and process the names (as well as the name of the minor user) and e-mail addresses of people who contact us at this e-mail address. The legal basis is the fulfillment of the user contract and your consent given to us (Art 6 Paragraph 1 lit a and b GDPR).

- Access and use for the Products
We process your device-ID (such as IP address or other device identifiers, including country of install) as well as related information on the use and interaction with our Products to grant you access to the Products in order to use these services. The legal basis is the performance of the usage agreement and your consent given to us (Art 6 para. 1 lit a and b GDPR).

We process the data for the aforementioned purposes only until you withdraw consent, or the usage relationship between you and us ends.
For more information on withdraw see (Section 12 of the Terms of Use)

The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
You are not required to provide your data. However, if you do not provide your data, the above-mentioned purposes may only be partially fulfilled or cannot be fulfilled at all.
We take appropriate technical and organizational measures to protect the personal data stored about you and regularly review our security measures with regard to new technologies and methods to protect your data. Please note that no transmission over the Internet can be 100% secure and therefore we cannot guarantee the security of personal data that we receive over the Internet.

4. Storage duration
Your data will in any case be stored for the duration of the valid usage. We refer to the Privacy Policy from the Platform owner: https://store.steampowered.com/privacy_agreement/?snr=1_44_44_

The aforementioned storage period is extended in the following case:
• We are legally obliged to store your data for a longer period of time (e.g. according to the Federal Fiscal Code (Bundesabgabenordnung [BAO]), Corporate Code (Unternehmensgesetzbuch [UGB]).
• The processing is necessary for the purpose of the establishment, exercise or defense of legal claims (Art. 17 para. 3 lit e GDPR).

5. Processing of your personal data by third parties and transfer of your personal data (including to third countries)

We point out that the following third parties also process the data mentioned in point 3 on our behalf (within the meaning of Art 4 Z 2 GDPR), whereby the processing takes place in accordance with the requirements of the GDPR and the protection of the rights of the data subjects person guarantees:
• Your data mentioned in point 3 will be processed with the help of Unity Technologies GmbH, Ritterstraße 11, 1st staircase, 2nd floor, 10969 Berlin, Germany (main contact point in the European Union: Unity Technologies ApS, Niels Hemmingsens Gade 24, 1153 Copenhagen, Denmark) (hereinafter referred to as “Unity” for short) and transmitted to them (privacy statement: https://unity.com/legal/game-player-and-app-user-privacy-policy ).
Unity collects some or all of the following information about your device: unique device identifiers (e.g., IDFV for iOS devices and Android ID for Android devices); IP address; country of install (mapped from IP address); device manufacturer and model platform type (iOS, Android, Mac, Windows, etc.) and the operating system and version running on your system or device; language; CPU information such as model, the number of CPUs present, frequency, and instruction set support flags; the graphics card type and vendor name; graphics card driver name and version (e.g., “nv4disp.dll 6.10.93.71”); which graphics API is in use (e.g., “OpenGL 2.1” or “Direct3D 9.0c”); amount of system and video RAM present; current screen resolution; version of the Unity Editor used to create the game; sensor flags (e.g., device support for gyroscope, touch pressure or accelerometer); application or bundle identification (“app ID”) of the game installed; unique advertising identifiers provided for iOS and Android devices (e.g., IDFA or Android Ad ID); and a checksum of all the data that gets sent to verify that it transmitted correctly.
Furthermore we use Unity Analytics for services like In-App Purchase

• Your data mentioned in point 3 will also be processed by Valve Corporation, Att. Data Protection officer
P.O. Box 1688
Bellevue, WA 98009, USA (privacy statement: https://store.steampowered.com/privacy_agreement/?snr=1_44_44_);
we are not aware of any further information about any collected and processed data and this is not our area of responsibility.
For the purposes mentioned in Section 3 the data we collect can also be transferred to countries outside the European Economic Area (“EEA”) and stored there.
We will not disclose, sell or rent your (personal) data to third parties in any way not described in this privacy statement, except with your express consent. If you would like to withdraw your given consent at a later point in time, you can contact us at support@icebreakinq.at and we will immediately stop the respective activity.

6. Automated decision making including profiling
We do not process your data for the purpose of automated decision-making including profiling.

7. Download and install of the Products
Exit Maze (Platform Steam) Steam
The App Exit Maze is available for download from the Steam (Desktop devices). The processing of your personal data for the purpose of downloading and installing the Exit Maze on your PC device is not within our responsibility, but of that of the respective store provider. For further information please consult the data protection declarations of the respective provider.

8. Your rights in connection with your personal data
You are, inter alia, entitled (under the conditions of applicable law):
  • to check whether and what kind of personal data we store about you and to request copies of such data;
  • to request rectification, completion or deletion of your personal data that is inaccurate or processed in non-compliance with applicable requirements;
  • to request us to restrict the processing of your personal data;
  • in certain circumstances, to object for legitimate reasons to the processing of your personal data or to withdraw consent previously granted for the processing;
  • to request data portability;
  • to know the identity of third parties to whom your personal data is transferred;
  • to file a complaint with the competent authority (Austrian Data Protection Authority – “Datenschutzbehörde”, Barichgasse 40-42, 1030 Vienna).

9. Our contact details

In case of questions or concerns relating to the processing of your personal data, please contact our data protection officer via:
support@icebreakinq.at