Terms of Service

This English version is provided for convenience. The German version is legally binding.

1. Provider and Contact Details

The provider of TouBot and contracting party is:

umtech Systemberatungen GmbH
An der Stadtmauer 4
72516 Scheer
Germany
Represented by its Managing Director, Hubert Baumann
Telephone: +49 7572 7694650
Email: baumann@toubot.de

Commercial Register: Local Court of Ulm, HRB 620610
VAT identification number: DE152605536

Further information required by law is provided in the Legal Notice on TouBot.

2. Scope and Conclusion of Contract

  1. These Terms of Service apply to the use of the website toubot.eu, the associated user accounts, the question catalogue, the game profiles, the games, the game chat and the digital services expressly designated in each case (“TouBot”).
  2. Deviating terms of users apply only if the provider has expressly agreed to them.
  3. A user contract is concluded when a user account is activated or an expressly offered service is used. For paid services, the contract is concluded only on completion of the step designated in the ordering procedure or upon express confirmation.
  4. The service description and price displayed immediately before the order is placed are authoritative.
  5. For a story or AI service offered separately at a later date, the special terms for story and AI functions also apply if the ordering procedure expressly refers to them, the user can retrieve and save them before ordering, and they are effectively incorporated into the contract. In the event of conflict, these special terms take precedence for the respective story or AI service.

3. Scope of Services

Depending on the selected plan, the enabled functions and technical availability, TouBot provides in particular the following general functions:

  • use of the question catalogue and creation, storage, download and management of encrypted answer sheets;
  • creation, storage and download of separate game profiles;
  • use of the browser games designated in the respective offering;
  • provision of shared game rooms for online games on several devices with end-to-end encrypted text and voice messages; their use consumes credits in accordance with Section 9.1;
  • data export, downloads and other expressly designated plan-dependent additional functions.

The profile games offered do not use generative AI; the computer opponent’s moves are based on game and decision logic. Generation of stories, text, images, audio and video and their publication or delivery are not part of the games plan. Their scope is determined exclusively by a later separate product description and the special terms incorporated for it.

4. User Account and Access Security

  1. Users must provide correct and up-to-date registration and contact details. Pseudonyms are permitted unless TouBot requires identification or invoicing details for the respective service.
  2. Login credentials, passkeys, recovery information and connected third-party accounts must be protected against access by third parties. Suspicious access must be reported without delay.
  3. Accounts may not be transferred or used jointly without the provider’s consent.
  4. Minors may use TouBot only if they have the legally required consent of their legal guardians. Paid contracts require full legal capacity or the effective consent of the legal guardians.

5. Optional Later Story and AI Functions

  1. Story and AI functions are not part of the general free functions or of the games plan. Saving an answer sheet or game profile does not commission any AI processing.
  2. If a story or AI plan is offered later, its scope of services, price, credits, term, types of processing used and material limitations are displayed immediately before the order.
  3. The special terms for story and AI functions apply to such an offering only if they have been effectively incorporated into the contract concerned. The associated privacy information is provided in good time before data is collected, irrespective of this.

6. Inputs, Uploads and Third-Party Rights

  1. Users remain responsible for their inputs and uploaded content. This includes in particular texts, answers, names, photos, images, sound recordings, logos and other files (“user content”).
  2. Users may only use content for which they hold all necessary rights and consents. This applies in particular to copyright, trademark, personality, data protection and voice rights of persons depicted or recorded.
  3. Users should not enter special categories of personal data, confidential trade secrets or other sensitive information unless this is necessary for the selected function and legally permissible.
  4. Answer sheets stored on the server are accepted only in client-side encrypted form. The separate game profiles are to be distinguished from these: they contain no individual questions, answers or free texts, but are stored unencrypted with the chosen name and six derived trait values. Users should therefore choose a suitable alias there as well.
  5. Downloaded answer sheets and game profiles are the user’s responsibility. Unencrypted game profiles in particular may only be passed on to persons who are permitted to receive this data.
  6. Additional obligations for inputs, images, voices and third-party data in a later AI use arise from the special terms separately incorporated for it.

7. Rights of Use for Providing the Service

  1. Users grant the provider a non-exclusive right in their user content, limited to the technical provision of the service and to the duration of use required, to store, reproduce and technically process the content and to transmit it to the service providers used. This right serves exclusively the operation, security, moderation and provision of the selected functions.
  2. This provision does not cover the use of specific non-public user content by TouBot for advertising. Further advertising with specific profiles or media requires separate, transparent approval.
  3. When use ends, the right ends for the future unless statutory retention obligations or backup periods prevent this.

8. Rights in TouBot and Content Provided

Rights in TouBot, the software, templates, trademarks, editorial content and non-user-specific design elements remain with the respective rights holder. Rights in story or AI outputs generated later are governed exclusively by the special terms of the offering concerned.

9. Sharing

Users may pass on answer sheets, game profiles, game URLs and other content only to the extent intended and only to authorised recipients. Rules for public story pages, delivery by email or Telegram and third-party platforms such as YouTube are not part of these general terms; they will be governed by the special terms of a corresponding later offering.

9.1 Shared Game Rooms and Game Chat

Purchasing a games plan does not confer any right to use shared game rooms, that is, online games on several devices including text and voice messages. This requires credits purchased separately or expressly credited separately. Credits already purchased remain valid. A play-time plan is free; it unlocks the games named in it, whose use in shared game rooms is charged in credits by playing time.

  1. The owner of a game URL may give other persons access to a shared game room with text and voice messages and may additionally protect access with a password. The invitation link provided for this purpose and any room password set up may be passed on to the intended participants. This is not sharing credentials for the TouBot user account. Invited participants need neither their own TouBot account nor their own games plan. Before joining, they are referred to these Terms; by joining, the Terms also apply to invited participants.
  2. Moves and text and voice messages are transmitted end-to-end encrypted between the participants’ devices. A TouBot server arranges the connection. If no direct connection is possible, a TouBot server relays the encrypted data without being able to read it. With a direct connection, the devices involved technically receive the IP address of the other participants. Message content is not stored on TouBot servers. Encryption does not prevent authorised recipients from saving, recording or forwarding content.
  3. Participants may transmit in game chat only content that they are entitled to use and share. In particular, unlawful, offensive, threatening or harassing content and content that infringes third-party rights are prohibited. Confidential or particularly sensitive data should not be sent through game chat.
  4. Credits are charged to the owner of the game URL for the use of a shared game room. Only the time during which at least two devices have the game open is counted; billing is to the second. The rates displayed before the order and in the application apply; currently, for games from a games plan and for free and self-uploaded games, 1.50 credits per hour and, from the fifth connected player, an additional 0.10 credits per hour per player. For games unlocked only through a play-time plan, the rates displayed when activating that plan apply. If a game is unlocked through both types of plan, the rates of the games plan apply. Text and voice messages are included. Playing alone against a profile or on one device does not consume credits. If there is no move and no message for 15 minutes, a notice appears. If it is not confirmed within 5 minutes, the connection is closed and billing ends.
  5. When the balance is used up, a notice is shown. Without credits, no new game on several devices can be started. TouBot may also restrict connections, the number of participants or text and voice messages until credits are available again. A running game is not ended without prior notice. Playing alone against a profile or on one device remains possible. The balance does not fall below zero; playing time without credits is neither charged later nor offset against credits purchased later.
  6. New participants gain access to the game and chat only after approval by the owner of the game URL. They receive only messages sent from the time of their approval. The owner may revoke an approval. The chat history is stored unencrypted in the browser storage of each device involved so that it is retained after reloading. Other websites cannot read this storage; anyone using the device with the same browser can. Each participant can delete the history on their device in the game room. On shared devices, it is recommended to delete the history or to play in a private browser window. Deletion takes effect only on the participant’s own device. The owner of the game URL can additionally delete the history on all devices currently connected. TouBot cannot restore the history. Permanent availability of chat content is not owed.
  7. Online games and text and voice messages consume data volume. The costs of the user’s own internet connection are not included (Section 10.6).

10. Purchase Terms for Game Plans and Credits

  1. The contracting party for paid TouBot services is umtech Systemberatungen GmbH as identified in Section 1. All legal texts, checkout information, invoices and payment details must identify this contracting party.
  2. TouBot offers, in particular, game plans enabled for a limited period or permanently, as well as credit packages. The specific contractual content is set out in the product description displayed immediately before the order is placed.
  3. The specific scope of a games plan is set out in the service description displayed immediately before the order is placed. It states in particular the number of games included, the games available for selection and the conditions applying to the selection. The user’s selection becomes part of the contract. Where the service description allows a later selection, slots not yet filled can be assigned in the user account after activation. Games already bindingly selected can be changed only if the service description expressly provides for this. Games released later are not included.
  4. Credits can be used for shared game rooms including text and voice messages (Section 9.1). They cannot automatically be used for later story or AI generation. Credits are an internal usage and billing allowance. They are not a means of payment, are non-transferable and cannot be redeemed for cash unless mandatory law requires otherwise. Their validity period and consumption rules are set out in the relevant offering.
  5. Credits granted to the user free of charge in connection with registration expire when the user account is terminated or deleted. They also expire if there has been no game activity through the logged-in user account for an uninterrupted period of twelve months. Game activity means starting or continuing a game through the logged-in user account. This expiry rule does not apply to credit packages purchased for consideration or credits included in a paid plan. These have no fixed expiry date while the user account exists, unless the respective offering states otherwise.
  6. All prices are displayed before the order is placed as total prices including the applicable VAT. Additional costs are payable only if they were expressly shown before the order was placed. The costs of the user’s own internet connection, in particular for mobile data, are not included in the prices and credits. They depend on the user’s contract with their internet or mobile provider.
  7. By clicking the “Order with obligation to pay” button, the user submits a binding offer. The contract is concluded upon payment confirmation or TouBot’s express order confirmation. Receipt of this confirmation is communicated by email.
  8. Payments are processed through the payment service provider identified in the ordering procedure, currently in particular Mollie. Payment data may be processed directly by Mollie and the selected payment institution.
  9. Access is generally enabled after confirmed receipt of payment. Provision may be reasonably delayed for technical or security reasons.
  10. Upon activation, the user receives, for the agreed term, a non-exclusive, non-transferable right to use the purchased digital content and functions as intended within their own user account. Sharing login credentials or reproducing content outside expressly offered export and download functions is not permitted.
  11. Where updates are owed for digital products, TouBot provides them to the extent and for the period required by law. Changes to functions under ongoing contracts are additionally governed by Section 12.
  12. Statutory rights relating to defects in digital products apply. Users should report identifiable technical errors, where possible, with a comprehensible description; this is not a prerequisite for statutory claims.
  13. Plans limited in time end after the stated term unless automatic renewal was expressly agreed in the ordering procedure. These Terms alone do not establish automatic renewal.
  14. Following a successful purchase, TouBot provides an invoice containing the information required by law or sends it to the stored email address.

11. Consumer Information and Withdrawal

  1. Before concluding a paid contract, consumers receive the information required by law, instructions on withdrawal and, where applicable, a model withdrawal form.
  2. For digital content or digital services beginning immediately, the right of withdrawal can expire early only under the conditions provided for by law. The express consents and confirmations required for this are obtained separately in the ordering process; these Terms do not replace them.
  3. Statutory rights in the event of defects in digital products remain unaffected.

12. Availability and Changes to the Service

  1. TouBot endeavours to provide the service reliably but does not owe uninterrupted availability unless expressly agreed otherwise. Maintenance, security measures, failures of networks or third-party providers and force majeure may temporarily restrict functions.
  2. The range of functions and third-party providers may be changed for security, legal, quality or operational reasons. For ongoing paid contracts, the statutory requirements for changes to digital products apply. Material adverse changes are communicated in good time where required by law.
  3. Users should additionally back up important content themselves. Long-term availability is owed only if this is expressly part of the booked offering.

13. Prohibited Use

The following are prohibited in particular:

  • unlawful content or acts;
  • depictions of sexual abuse, exploitative content and sexualised content involving minors;
  • hate, glorification of violence, terrorist propaganda, threats, harassment or bullying;
  • deception, fraud, impersonation, non-consensual deepfakes or damage to reputation;
  • infringements of copyright, trademark, personality, data protection or other rights;
  • publication of third parties’ personal data without a legal basis;
  • malware, automated overloading, circumvention of protective measures or unauthorised security testing;
  • use for making binding high-risk decisions about other persons;
  • circumvention of credits, access restrictions, moderation or technical limits.

The mere objective treatment of political, religious, historical or health-related topics is not prohibited as such; what matters is lawfulness, the protection of third parties and these rules.

14. Reporting and Moderation of Content

  1. Suspected unlawful content and infringements can be reported using the contact or reporting option provided on TouBot.
  2. The provider may review content, restrict its visibility, remove it, stop outputs or temporarily block accounts if there are specific indications of a violation, an infringement or a security risk.
  3. Measures are taken taking into account the severity, frequency and effects of the violation. Mandatory statutory information and redress obligations remain unaffected.
  4. In the event of acute danger, abusive use or a legal obligation, a measure may be taken without prior notice.

15. Contract Term, Termination and Account Deletion

  1. The free user contract runs for an indefinite period and may be terminated by the user at any time by notifying the provider. If TouBot offers an account deletion function, it may also be used.
  2. Paid services run for the period stated in the offering. The right to extraordinary termination remains unaffected.
  3. The provider may terminate the free user contract with reasonable notice. In the event of serious or repeated violations, blocking or termination without notice is permitted.
  4. After the contract ends, personal data is deleted or blocked in accordance with the Privacy Policy. Public sharing should be deactivated and required content exported beforehand.

16. Warranty and Liability

  1. TouBot limits its liability only to the extent permitted by applicable law. Mandatory statutory warranty and liability claims remain unaffected.
  2. Users are liable in accordance with the statutory provisions for infringements for which they are responsible. An obligation to indemnify exists only if the user culpably caused the claim and the statutory requirements are met.
  3. For a later story or AI service, supplementary provisions on the characteristics of automatically generated results and on the handling of technically failed generations apply only if the special terms of that offering have been effectively incorporated.

17. Changes to These Terms

  1. Changes apply to the future. Registered users are informed of material changes in an appropriate manner.
  2. For ongoing paid contracts, changes are made only if there is an objective reason, the contractual balance is maintained and the statutory information and termination rights are observed.
  3. Silence or mere continued use is not automatically deemed consent towards consumers where the law requires express consent.

18. Applicable Law and Jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state of their habitual residence. The statutory provisions apply to places of jurisdiction. An exclusive place of jurisdiction at the provider’s registered office applies only to merchants, legal entities under public law or special funds under public law, where legally permissible.

19. Consumer Dispute Resolution

If you have questions or complaints, please contact TouBot support first. This is usually the fastest way to resolve your request, for example a refund.

umtech Systemberatungen GmbH is willing to participate in dispute resolution proceedings before the following consumer arbitration board:

Universalschlichtungsstelle des Bundes
Zentrum für Schlichtung e. V.
Straßburger Straße 8
77694 Kehl, Germany
Website: https://www.universalschlichtungsstelle.de/

The former EU online dispute resolution platform has been discontinued.

20. Final Provisions

If any provision is invalid, the statutory provisions shall apply in its place. The validity of the remaining provisions remains unaffected.

Version: 23 October 2026

Zuletzt aktualisiert: 26.10.2026 19:13 Uhr