Terms of use

1. Scope

These terms apply to vibegames.ch and the app at app.vibegames.ch ("VibeGames"), operated by Fiuno GmbH (see the imprint). By creating an account or using VibeGames you accept them. Publishers also accept the publisher obligations shown in the publisher console.

2. The service

VibeGames is an app with a store for web games, currently free of charge (see 8). The games are made by their publishers, who are responsible for them and their content: also for their age rating and their own terms and privacy policy, which the game's store page links to or shows.

We check every game technically before it is listed and run it in a sandbox, and we try to keep the quality of the store up with the criteria and measures described in 5. We do not guarantee, however, that a game works or meets these criteria, and as far as the law permits, we take no responsibility for the games of other publishers or their content (see 9).

We may also publish games ourselves, under our own name. The store then names us as the publisher, and we are responsible for these games as their publisher.

3. Accounts

• You must be 16 or older to register yourself, and give your true birth month and year. We may ask for proof and close accounts with a false age.
• Until you are 18, your account shows games rated up to 16+, only other players under 18 find you in games and see you on leaderboards, and you cannot publish games. Adults you are friends with (by friend code) can choose you as a player in games you both have. From the month after your 18th birthday it is an adult's account.
• Players under 16 get an account from a parent or legal guardian, who chooses what they may play and whether other players may find them (allowed until the parent turns it off) and message them (only once the parent allows it), sees their friends and can remove them, and who is responsible for their use of VibeGames.
• You can add other players as friends with a friend code, shown as a QR code or sent as a link. Anyone who has your code while it is valid can add you, so share it only with people you know. Players you exchanged messages with in a game can also send you a friend request, which you accept or decline; nobody can send one to a player under 18. Players of every age can be friends; parents see the friends of their children under 16 and can remove them. You can remove friends at any time.
• Without an account, the store shows only games rated up to 12+.
• Use a valid e-mail address and keep your password secret. You are responsible for what happens on your account.

4. Your behaviour

Nicknames, ratings, comments and messages must be lawful and respectful. In particular, do not:

• insult, harass, threaten or discriminate against others, or post sexual, violent or otherwise illegal content;
• pose as VibeGames or its team, for example with a nickname like "Admin" or "Support";
• send spam or advertising (also as friend requests), or share other people's personal data or friend codes (or your own e-mail address in your nickname);
• try to break out of the sandbox, attack, overload or scrape VibeGames, or get around age limits or blocks.

Players can report others. We may remove content, reset nicknames and suspend or close accounts that break these rules.

5. Publishers

Publishers are 18 or older, give truthful details about themselves and an honest age rating, hold the rights to everything they upload and follow the applicable law, including data protection and youth protection. Games may not contain malware or track players, and they may not contain pornographic content, also not when they are rated 18+. Every version of a game with sexual content is checked by us before it goes live.

Games must also meet the minimum quality criteria in the publisher guide (Quality criteria). In short, a game is finished and playable, works reliably on the devices it is designed for, lets players leave at any time, is described honestly on its store page, is in the store only once and is fair to players. The criteria set a minimum and do not judge taste, such as genre, style or difficulty. We may update them and announce important changes in advance (see 12).

We may reject a version of a game, or take a game out of the store, if:

• it breaks these terms or the law, for example with malware, a false age rating or content that infringes other people's rights;
• many players complain about it with good reason; or
• it does not, or no longer, meet the minimum quality criteria.

We decide case by case, with reasonable judgement, and choose the mildest measure that is enough. Unless players need protecting at once, we first tell the publisher what is wrong and give them time to fix it. The publisher sees the reason and can fix the game or ask us to reconsider. A game we take out of the store only because of its quality stays playable for the players who installed it. If a publisher keeps publishing games that fall short, we may withdraw their right to publish. Nobody has a right to have a game in the store, and the criteria do not promise players that every game meets them.

When a game breaks these terms or the law for reasons other than its quality, we may also block it, also a retired one (see 6). A blocked game leaves the store and no longer starts for the players who installed it, on each device once it is next online. The publisher and the players see the reason; we can lift the block.

A publisher can write their privacy policy and terms on VibeGames instead of linking to them. We show these texts as written, keep their earlier versions and do not check them legally; the publisher is responsible for them. Players can report a text, and we may block the publisher's games when a text breaks these terms or the law.

6. When a game changes hands or its publisher leaves

As long as VibeGames runs (see 11), a game you installed stays playable, also when its publisher changes or leaves VibeGames:

• Handing over. A publisher can hand a game over to another publisher with a transfer code, which works once and for 7 days. The new publisher confirms that they take over responsibility for the game, its content and its age rating. Players keep the game with their saves, messages and ratings; the store then names the new publisher.
• Retiring. When a publisher's account is deleted, their games are retired, unless they handed them over before. A retired game leaves the store for good and gets no more updates. Players who installed it keep playing it on all their devices, with their cloud saves and messages; once they uninstall it, it cannot be installed again. The game keeps showing the publisher's name and country.
• Your permission as a publisher. By publishing a game, you allow us, free of charge, to keep providing it to the players who installed it as described here, also after it was retired because your account was deleted.

7. Rights

Games belong to their publishers; what you may do with a game beyond playing it, such as streaming it, is up to its publisher. What you post (nickname, ratings, comments) stays yours; you allow us to store and show it in VibeGames as far as needed to run the service.

8. Price, availability and support

VibeGames is currently free of charge and provided as it is. We aim for reliable operation but do not guarantee that it is always available or free of errors. Data that is kept only on your device can be lost, for example when you clear your browser data.

We keep developing VibeGames and may change, limit or remove features. If we remove or clearly limit a feature you use, such as cloud saves, leaderboards or messages, we tell you at least 30 days in advance in the app, unless we have to act sooner for security or legal reasons or to stop abuse.

We handle support requests on a best-effort basis, without guaranteed response or resolution times. VibeGames decides which requests it handles first. We answer in German and English.

In the future we may offer paid features or finance VibeGames with advertising. Before that, we tell you in the app or by e-mail and adjust these terms and the privacy policy (see 12).

9. Liability

As far as the law permits, we are not liable for damage from using VibeGames, in particular not for games and content of other publishers or of players, nor for indirect or consequential damage. Liability for intent and gross negligence, and other liability that cannot be excluded by law, remains.

10. Deleting accounts

You can delete your account at any time in the app under Account → Delete account, confirmed with your password. Your games, saved progress, messages, friends and ratings are deleted with it, and so are the accounts of your children; a single child's account is deleted under Account → Family. If you publish games, they are retired (see 6) unless you hand them over first; the app lists them before you confirm. We may close accounts that break these terms.

We may delete accounts that have not been used for 3 years. Playing offline does not count, as our servers cannot see it. Before we do, we warn you by e-mail; signing in keeps your account. If we delete it, it is deleted as if you had deleted it yourself. A family counts as one: a child's use also counts for the parent, the warning goes to the parent, and we may delete the family's accounts only when none of them has been used for 3 years.

11. If VibeGames ends

We may end VibeGames. We tell you at least 3 months in advance in the app and by e-mail. If we are forced to end it sooner, for example by law or insolvency, we tell you as early as we can. When it ends, we delete all personal data within 30 days, unless the law requires us to keep it.

We may also hand VibeGames over to another operator who continues it under these terms. We tell you beforehand, and if you do not agree, you can delete your account.

12. Changes

We may update these terms. We announce important changes in advance in the app or by e-mail, for example paid features or advertising. If you do not agree, you can delete your account before they apply; if you keep using VibeGames afterwards, the new terms apply.

13. Privacy

How we handle personal data is explained in the privacy policy. We keep usage statistics only anonymously, as daily totals on our own servers, and currently use no external analytics or advertising services; if that changes, we update the privacy policy beforehand and tell you (see 12).

14. Applicable law and jurisdiction

Substantive Swiss law applies, without its conflict-of-law rules. The place of jurisdiction is Zürich, Switzerland.

Consumers keep the protection of the mandatory law and the courts of the country they live in.

15. If a provision is invalid

If a provision of these terms is or becomes invalid, the other provisions remain valid. In place of the invalid provision, the law applies.