Wombat is a multifunctional tool for the decentralized internet, which is usable via mobile phones. Wombat allows a bundled, direct and easy to handle access to applications, based on decentralized storage technologies (“dApps”), especially like Blockchain networks (“Blockchain Network” or “Blockchain”). Spielworks GmbH, Linkstraße 12, 10785 Berlin, Germany (“the Company”) is the operator of Wombat. Wombat is the brand, under which the entirety of the services, functionalities and underlying technologies (individually or in total “the Services”) are provided. The Services shall offer the same user experiences as tools for the traditional internet. Every natural person or legal entity, who validly registers for the Services, can be a user (“the User”) of Wombat. These Terms govern the use of the Services in the respective available version. With the initial registration, which is set out in section 5 below, the User accepts these terms.
2.1. Unless a contrary indication appears, any reference in these Terms to:
2.1.1. a “Clause”, “Section” or an “Annex” is a reference to a clause or section of, or an annex to, these Terms;
2.1.2. a defined document or provision of statutory law is a reference to that defined document or provision as amended, supplemented, re-enacted, restated or novated from time to time;
2.2. These Terms are phrased gender neutral. The singular “he” or “they” are used instead of referring to all genders in terms of gender equality.
2.3. The singular includes the plural and vice versa.
2.4. Headings are for ease of reference only and shall be ignored in the construction of these Terms.
3.1. Wombat offers a bundled and direct access to dApps and related features of the decentralized internet. In order to use the Services, the User downloads and installs the Wombat application (“Wombat App”) on a mobile phone. The Wombat App is compatible with the mobile operating system Android. The Services contain amongst others a browser function and a wallet function:
3.1.1. The browser function enables the User to view, browse and interact with publicly accessible websites. Browsing is possible at any time for both the traditional internet, the so called web 2.0, and the decentralized internet, the so called web 3.0. In case these websites are dApps, based on one of Wombat’s supported public Blockchains, Wombat also allows to login to the dApp and interact with the respective Blockchain. Wombat offers a preselection of dApps, which is based on content and user related reasons. A detailed investigation of dApps will not be carried out.
3.1.2. The wallet function enables the User to store his private keys (“Keys”), necessary to generate a signature on a public supported Blockchain or to initiate and verify activities and transactions in connection to a Blockchain. The Keys are primarily stored in the internal storage of the mobile phone. The storage of the Keys in the Wombat App is encrypted. The decryption is done by the User via pin code or fingerprint. For purposes of storing a backup copy of the Keys backup solutions in the form of trusted cloud storage services are available and shall be used by the User. The access to the cloud storage services is also encrypted by Wombat. The wallet function further allows the User to interact with public supported Blockchains, utilizing abovementioned signatures to trigger a Smart Contract execution or management of digital Tokens (“Token”). Wombat in particular enables the User to send and receive EOS Tokens. It is expressly stated that the wallet function does not allow to store or contain any digital assets or Tokens.
3.2. The staking of resources, like Tokens, that may be required for the use of dApps or other related functionalities of Blockchain Networks, is carried out by the Company. However, this service is subject to availability. The resources are made available to the User exclusively for the purpose of providing the Services, in particular enabling the use of dApps. Ownership and control of the resources remain with the Company.
3.3. dApps are provided by third party content providers. The Company offers access to dApps only subject to availability and has no possibility to eliminate any technical or other disturbances regarding functionalities of the dApps. A guarantee for functions or features is therefore not given.
3.4. The volume of transactions depends on the functionalities of the Blockchain Network. The User acknowledges that the availability may vary and in particular also depend on the type and scope of the transaction.
3.5. The Company carries out technical revisions and adaptations, such as security updates. The transaction volume may be limited as a result.
3.6. The current Services support functionalities based on the EOS Blockchain. Functionalities and availability of dApps are limited to EOS. An extension of the supported functionalities (other Blockchain Networks and dApp providers) is intended.
3.7. The Services may from time to time be changed or improved. Some Services or features may also be removed. If the removals become relevant for the handling of Tokens or Keys, the User will be informed in advance. Information about possible changes can be found on the Wombat website.
The Company provides different Service Options:
4.1. The free version of Wombat: The Services are free of charge. Advertising is displayed. The number of signed transactions in relation to the underlying Blockchain may be limited.
4.2. The subscription version of Wombat: The User pays the payable subscription fee. No advertising is displayed. The transaction volume in relation to the underlying Blockchain may be limited to the specified resources or number of Tokens staked in connection to the underlying.
4.3. Upon completion of the registration, as described in Section 5 below, the User automatically has access to the free version. A change to the subscription version is possible at any time. In the latter case the subscription fee is displayed. Upon completion of the registration process, the displayed amount is due and payable. Payment is possible with the specified payment methods.
5.1. For usage of the Services, the User creates an account by entering the e-mail address, associated with the operating system of his mobile device (Google-login for Android). For the decryption of the Keys the User chooses a password in the form of a pin code. All information has to be complete and correct. The User reaches the account by entering the aforementioned login data.
5.2. Upon completion of the registration, an agreement (“Agreement”) is concluded between the User and the Company. With the registration the User accepts these Terms and also warrants being of legal age to enter in to the Agreement. In the event, the User is a legal entity, he warrants to have the right to enter in to this Agreement on behalf of the entity.
5.3. With the registration the User also accepts, that these Terms take precedence over any other provisions regarding the Services.
5.4. The registration and the Agreement, concluded on that basis, are stored by the Company.
5.5. With the registration the User authorizes the Company to undertake any and all actions on behalf of the User to provide the Services. After the User has given his approval,the Company connects the Wombat account with the backup solution providers in order to configure the backup. The private Key is never accessible to the Company. With the registration the User authorizes the Company to setup an account on a Blockchain.
5.6. If the Company finds, in their sole discretion, that the Users activity is suspicious or in contradiction to these Terms, the Company may cancel the Wombat account temporarily or permanently.
5.7. These Terms may be changed or amend from time to time. In that case the Company informs the User insofar before the Terms become effective.
6.1. The User has the right to revoke this agreement within fourteen (14) days without giving reasons. The revocation period shall be fourteen (14) days from the date of conclusion of the Agreement. In order to exercise the right of withdrawal, the User must notify the Company of his decision to withdraw from this Agreement by means of a clear statement – e.g. a letter, fax or e-mail sent to: Spielworks GmbH, Linkstraße 12, 10785 Berlin, Germany, e-mail: firstname.lastname@example.org, fax: +49 (0)30 2592 3987. In order to comply with the revocation period it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the revocation period.
6.2. Consequences of withdrawal: If the User revokes this Agreement, the Company shall reimburse no later than fourteen days from the date on which the Company received notice of the revocation for all payments the Company has received from the User. Such refund will be made using the same means of payment that the User used in the original transaction, unless expressly agreed otherwise and in no event will the User be charged for such refund.
The User acknowledges the following general risks resulting from the technical framework of the decentralized internet and the features of dApps and the like accessible via Wombat:
7.1. Hacking: There is always a risk of hacking that even a high level of diligence cannot completely exclude. Hacking may affect the functioning of the Services and the connected or underlying systems, in particular the Blockchain Network.
7.2. Technical Infrastructure: The Company retains external server, telecommunication and other infrastructure providers that are selected with great diligence based on state-of-the-art technical capabilities. Malfunctions, failures and breakdowns of such external systems may affect the Services and the connected or underlying systems.
7.3. dApps: dApps are provided by third parties. Functions and properties are also determined by the provider of the dApps. dApps can also be experimental, defective or confusing. Common or accustomed functions, especially regarding the user interface, may be limited or comparatively unusually saddled. The company has no possibility to influence these properties and functions or to correct any errors.
8.1. The User is solely responsible for taking all effective technical and organizational measures to secure the wallet, the password or other storing mechanisms or storage devices, including the Key.
8.2. The User is especially obliged to guard the password for decrypting the Key and to keep it safely. He is responsible for maintaining the confidentiality of the password and all other account access data. The User is fully responsible for all activities that occur with the use of the password or the account.
8.3. The User shall store a copy of all relevant information including the Keys in a backup solution and configure it for this purpose. He is obliged to control, update and guard the backup solution and to guard the passwords.
8.4. All underlying third party software and hardware, especially the operating system of the mobile phone, fall within the area of responsibility and the obligations of the User.
8.5. The User is solely responsible for all activities regarding the usage of dApps or the like. He is also solely responsible for all transactions in connection to the Blockchains. The sending and receiving of tokens occurs solely at the request of the user. He is solely responsible for this. This applies in particular to the number of Tokens sent. The User represents and warrants that he is using the Services in accordance with applicable law, and not for any purpose, not in compliance with applicable law, including but not limited to illegal gambling, fraud, money laundering or terrorist activities. In the event of a violation of the law, the Company reserves the right to report this to law enforcement authorities.
8.6. The User warrants not to use, store, reproduce, display, modify, sell, publish, transmit and distribute, or commercially exploit the Services without prior written permission of the Company.
9.1. The Company shall decide, if necessary and at its own discretion, whether it is necessary to check the identity of the User and to carry out all other means for a so called know your customer check (“KYC Check”).
10.1 Damages and claims resulting from the area of responsibility and duties of the User – in particular the obligations and responsibilities described in Section 8 above – are excluded. Claims for damages of the User against the Company in relation to the Users responsibility for taking all effective technical and organizational measures to secure the wallet, the password or other storing mechanisms or storage devices, including the private Key necessary to access the aforementioned storage mechanisms or devices, are excluded. It is explicitly made clear that the User is solely responsible for any damages incurred as a result of loss, theft or other activities in connection with the Key.
10.2. Damages and claims, caused by third party software or hardware, used by the User in connection with any of the Services, are excluded. Especially damages, arising from the underlying software of the mobile phone of the User or the backup solutions, are excluded.
10.3. The general risks, described in section 7 above, are not within the sphere of control of the Company. Liability for damages resulting from these risks are therefore excluded.
10.4. All Claims based on intent or gross negligence on the Companies part, its legal representatives or assistants, the Company is liable according to the provisions of applicable law.
10.5. In other cases and in the event of negligent breach of principal contractual duties, the Company shall only be liable for predictable, typically occurring damages. A principal contractual obligation is an obligation the fulfillment of which is essential for proper execution of the Agreement, the breach of which jeopardizes reaching the contractual object and on observance of which the other party may duly rely upon.
10.6. The limitations according to Section 10.4. and Section 10.5. also apply to the Companies legal representatives and assistants if claims are asserted directly against them.
10.7. The Companies liability for culpable damage to life, body or health as well as the Company’s liability under the Product Liability Act and Art. 82 GDPR shall remain unaffected.
10.8. In all other cases, liability of the Company towards the User is excluded.
11.1. The possibility of using the Service by the User and the underlying Agreement are not limited in their duration.
11.2. Termination by the User is possible at any time. The termination is done by simple declaration (via e-mail or letter) to the Company or by deactivating the account.
11.3. The Company has the right to terminate the Agreement and to suspend the access to the Services if there is a serious reason. “Serious” in the aforementioned sense is particularly one of the following reasons:
11.3.1. The User breaches essential elements of this Agreement repeatedly.
11.3.2. The User misuses the Services for prohibited activities.
11.3.3. The User does not pay any fees that may be due.
10.3.4. The User refrains from carrying out any participatory actions that may be necessary for offering the Services.
11.3.5. The User uses the Services in a way that could cause risks, damages or losses to the Company, other Users or other third parties.
11.4. The Company reserves the right to stop providing all or some of the Services at its own discretion. In the case of stopping Services, the Company will inform the User in advance. In the unlikely event of an abrupt termination of the Services, for whatever reason, it is pointed out that recovery functions are not provided by Wombat.
11.5. In case of termination the resources, staked at the connected Blockchain, will be withdrawn. The accounts on the Blockchain itself are retained. Decrypting the Keys stored in the backup solutions will no longer be possible.
11.6. These Terms will continue to apply until terminated by either the User or the Company.
13.1. The contents of the Wombat App are protected by copyright. Their use is subject to applicable law. The contents may not be changed, copied, republished, transferred, processed or stored without the consent of the Company. The contents may only be used for private, non-commercial purposes under strict consideration of copyrights and ancillary copyrights.
13.2. The company owns the brand names relating to the Wombat App and any other trademarks used by the Company.
13.3. By using the Services the User does not obtain any rights in the trademarks or content of the Wombat App.
14.1. For all disputes arising from the relationship between the User and the Company, the User agrees that the laws of the Federal Republic of Germany shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
14.2. The language available for these Terms is English. In case of ambiguity or vagueness of a legal or non-legal term, the term shall be construed in the light of German statutory law and in such a way that it corresponds to the German equivalent.
14.3. Any suit, claim, or other action to enforce the terms of this Agreement shall be brought exclusively in Berlin, Federal Republic of Germany.
14.4. The Company is entitled to transfer rights and obligations from this contractual relationship in whole or in part to third parties.
14.5. Should any of the provisions of these Terms be or become invalid or unenforceable in whole or in part, the validity or the enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The invalid or unenforceable provision shall be replaced by a provision that, to the extent legally possible, provides for an interpretation in keeping with the meaning and the economic purposes of these Terms. If these Terms prove to be incomplete, a supplementary interpretation in accordance with the meaning and the purposes under due considerations of the legitimate interest of the Parties shall be applied.