Terms & Conditions

Version as of 14.08.2024

A. Scope

These Terms and Conditions (the “T&C” or “Contract” ) apply to and govern the user’s (“User”) use of the www.gaminator.com website and the Gaminator application (the “Gaminator” or “Website/App” ) which are provided by Funstage GmbH, with its registered address at Wiedner Hauptstraße 94, 1050 Vienna, Austria, registered under company registration number 258215d (the “Operator” ). The T&C also apply to the acquisition of virtual currency (for example the “Gaminator Credits”) by the User.
The Gaminator mobile application can be obtained from third-party providers, such as the Google Play Store and the Apple App Store (the “App Stores”), as well as a web application. This enables Gaminator to be played on smartphones, tablets and in supported browsers.
The manner of usage on mobile devices or via web browsers does not affect the applicability of the T&C.
In the event of discrepancies between the language versions of these T&C, the English version will take precedence. This also applies to all game instructions and texts found on Website/App.
The Operator reserves the right to change these T&C at any time.

B. Place of Contract Formation

The legal relationship between the Operator and the User is governed by Austrian law, excluding the provisions of Austrian international private law and UN Sales Law, unless the excluded law is more favourable for the User, such as Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligation (Rome I). The place of fulfilment is Vienna.
The court of jurisdiction for any disputes arising from or in connection with the existence, formation, or termination of the legal relationship between the User and the Operator is the court responsible for the first Municipal District of Vienna, unless other legal provisions apply.

C. Description of Services

The Operator offers various slot games on the Website/App.
The Operator can, at its own discretion, provide access to the Website/App, and to any content and/or services offered therein, subject to certain conditions. Access to the Website/App, and to any content and/or services offered therein, can also be temporarily or permanently restricted at any time. The User will be notified in such cases.
The Operator reserves the right to continuously expand, modify, supplement or restrict the services that are offered.
The Website/App are offered for smartphone and tablet platforms via the App Stores and are also available for certain browsers on desktop computers. Availability can be restricted in some countries. In this regard, the provisions of the respective third-party provider also apply.
If the App is downloaded and used on the User’s device via an internet connection, the resulting connection costs depend on the applicable mobile or internet service provider and are charged separately. Connection costs charged by the mobile or internet service provider, as well as any other basic charges, do not fall under the scope of the Operator’s services.
The Website/App are subject to the Operator’s copyright and trademark protection. The Users are permitted to save the App on their devices. Any other form of storage, copying, reproduction, editing or distribution of the App in any form is strictly prohibited.
The Operator reserves the right to continuously modify, reduce and/or expand the provision of the Website/App and/or to change the prices for the Website/App at any time without specifying reasons. In addition, the Operator is entitled, at its own discretion, to cease providing the Website/App. Should the Operator exercise this right, it has no obligations towards the User. The User is not entitled to reimbursement if the Website/App they downloaded are no longer provided or are only provided under restricted or modified conditions.

D. Conditions of Participation

The User is only entitled to participate in slot games and services offered on the Website/App subject to the scope, conditions and/or restrictions imposed by the Operator. These conditions and/or restrictions may apply to all Users, groups of Users or only to individual Users.
The technical configuration of the User’s device is the sole responsibility of the User. The Help and FAQ pages contain details of the recommended configuration. The Operator offers free support to Users. There is no guarantee of the continuous availability of the customer service or that requests will be answered within a certain period of time. User support can be obtained using the support form on the Website/App.
Support is offered free of charge. Users have no entitlement to additional free services. Any additional services can be discontinued by the Operator at any time.

E. Registration

All Users of Gaminator shall accept and consent to the T&C. If the Users do not accept the T&C, they may not use the Website/App and must uninstall and/or delete it.
In addition to accounts registered via Facebook, Apple, Google and/or email, the Users may play as guests, in a mode which is called “try-mode”. Try-mode enables the use of the Website/App but does not support all functions available to registered Users. The virtual currency (for example, the Gaminator Credits) acquired in try-mode remains saved on the User’s device. If the User is in try-mode and subsequently registers an account via Facebook, Apple, Google and/or email with the Website/App, the virtual currency acquired in try-mode will be assigned to the registered account.
Visiting Gaminator is free of charge and enables the general use of selected slot games included on the Website/App.
In the event of account registration via email, the following user data will be collected:
- Email address;
- Nickname.
In the event of account registration via Facebook, the following data from the User’s Facebook account will be collected:
- Facebook user ID.
In the event of account registration via Apple, the following information from the Apple account is collected:
- Email address;
- Apple identifier for developers.
In the event of account registration via Google, the following information from the Google account is collected:
- Email address;
- Google login details.
In all cases, the Users must confirm that they are at least 18 years old upon registration.
By registering on Gaminator, the User’s nickname, a preselected avatar picture or their Facebook profile picture will be made accessible to the other Users on the Website/App. In addition, if applicable, the User shall separately consent to the Operator making posts on their behalf.
By registering on Gaminator, the User confirms that:
- They are at least 18 years old;
- They have registered their account personally and will use it solely for accessing the Website/App for their own personal interests and will not allow others to use it;
- They will not sell, share, borrow, test or rent the account, virtual goods and currencies on Gaminator, nor have they done so previously;
- Any potential purchase of virtual currency will not involve real money derived from criminal, illegal, or unauthorised activities and they understand that using such funds for purchases is unlawful;
- They have not been previously banned from play by the Operator or by a company connected to the Operator;
- They do not already own an account on Gaminator.
To offer the User the best possible experience, the Operator uses different channels to promote special bonuses, price reductions, new features and general information about updates, new slots, in-game activities, changes in the User’s status or upcoming promotions and individual prices. These channels may include, but are not limited to, the following:
- Email: provided by the User during registration via Facebook, Apple, Google or email. The User can activate or deactivate this communication channel on the Website /App at any time.
- Push notification: the User can enable and disable this feature on the Website /App.
- App: generic notifications from the App such as banners or buttons in the lobby, messages via the inbox or special promotions in the shop.

The Privacy Notice provides further details on marketing communications and User rights.

The Operator is entitled to bar the User from participating in some or all of the services and using some or all of the content, including permanently, due to breach of the T&C. In such cases, it will not be possible to make any payout of virtual currency (such as Gaminator Credits) that have been won or purchased by the User or to refund any purchases made by the user.
The Operator is entitled to set a monthly limit for the User’s purchases.
The User must protect their Facebook login details, Apple login details, Google login details, or email address against any unauthorised use by third parties. The Operator will not be held responsible for any unauthorised access to the User's account or to the User’s purchases. Any activity carried out using the registered account of a User will be attributed to the User.
The Website/App is only available to individuals who have reached the minimum age of 18 years on the date of registration. The Website/App is intended for entertainment purposes only. The Operator does not knowingly collect information relating to individuals who have not yet reached the minimum age of 18 years. If the User intentionally provides inaccurate information about their age, it will qualify as a breach of the T&C and entitle the Operator to immediately close the User’s account and terminate all services.
The User has the right to request a revocation of the Contract with the Operator within 14 days of registering for an account, without giving any reason or justification.

F. Ownership of Content

By creating an account via Facebook or by sending an email to the Website/App, the User acknowledges that all content of the Website/App is the sole and unlimited property of the Operator. The User, as well as any person accessing an account on the Website/App, undertakes to use all services provided on the Website/ App, as well as all content and information therein, exclusively for personal or private use in accordance with these T&C and not to modify, copy, publish or distribute them or use them in any other way, and not to use technical means to intervene in any way in the Website/App, its services or any content and information they contain.
Notwithstanding any applicable privacy laws and regulations, the Operator retains all exclusive and royalty-free intellectual property rights in the materials (such as photos, questions, comments, text messages) submitted to the Website/App. Users are not entitled to any compensation or remuneration of any kind.

G. Content Moderation

Users are prohibited from posting or sharing any content that is false, misleading, illegal, abusive, obscene, defamatory, invasive of privacy, sexually explicit, promotes hate or harm against any group or individual, or infringes on intellectual property rights, including copyright and trademark laws (the “Prohibited Content”). This prohibition applies to all user-generated content, including nicknames, team names, chat messages, profile information, and any digital media shared on the Website/App. Users are encouraged to report any suspected Prohibited Content.
If Prohibited Content is identified, the Operator will take action, which may include removing the content, temporarily suspending the user's account, or permanently terminating the account, depending on the severity of the violation. Users and reporters will receive notification of such action, along with a justification for the decision.
Users have the right to contest and appeal decisions related to Prohibited Content by contacting support at support@gaminator.com. Appeals are reviewed by an independent team separate from those who made the initial decision, ensuring an objective revaluation. After the review, a final decision is communicated to the User.

H. Prohibition of Misuse

Misuse of the Website/App is strictly prohibited. Misuse includes in particular, but is not limited, to the following:
- Providing incorrect or misleading information, including age;
- Attempting to influence or influencing the results of games by intervening either personally or through a third-party tool/software/program or by any other unauthorised means;
- Causing errors and disruption in order to influence the course of a game;
- Collecting personal information about other Users without their express prior consent;
- Selling, sharing, borrowing, testing, or renting of User accounts;
- Exploiting a bug or a glitch in the game;
- Violating any other provision of these T&C.
The User also undertakes not to:
- Attempt to decompile or replicate the game software used in the Website/App, to intervene in this software in any other way or to develop software that intervenes in the game software and client-server communication used in the Website/App;
- Use any software programs that enable the use of artificial intelligence;
- Use software that is deemed by the Operator to constitute a program that enables Users to cheat;
- Use scripts that are unauthorised by the Operator;
- Use software that allows the Users to analyse or reproduce the Website/App or individual games or intervene in the Website/App and in the games or their programming in any other way;
- Use programs that place excessive demand on the server.
The Operator reserves the right to take necessary steps to detect and prevent the use of any interventions by the Users, in particular by identifying or localising programs installed on a User’s device or creating profiles of user behaviour for security and investigative purposes. If the Operator establishes the use of prohibited software or has good reason to suspect that its use, it is entitled to block the relevant User’s access to the Website/App, to retain and/or delete any virtual currency contained on the Website/App and/or to bar the User, temporarily or permanently, from using in whole or in part, the Website/App or any other services and content provided by the Operator or companies associated with the Operator.

I. Sanctions for Misuse

In the event of misuse by a User, the Operator reserves the right to terminate the Contract without notice. In addition, the Operator has the right to cancel any ongoing games and bar that User from the Website/App and to delete and/or confiscate any virtual currency, with or without prior notice. In instances where virtual currency was purchased with real money, no real money will be refunded to the User. No compensation will be provided for any losses incurred as a result of such termination.

J. Termination

Both the User and the Operator can terminate the Contract at any time with immediate effect without giving reasons. If the User wishes to withdraw consent or to terminate the Contract, they can delete their account permanently from the settings within the App. The User loses all entitlement to use the App and any services, content or virtual currency (such as Gaminator Credits) acquired in relation to the App. Any Gaminator Credits and status information are deleted along with the User’s account.

K. Virtual Currency

The Operator offers the User the opportunity to acquire and use virtual currencies, such as Gaminator Credits, on the Website/App. The User can purchase virtual currencies with real money in the store on the Website/App. The Operator reserves the right to introduce additional virtual currencies in the future. The User may also receive virtual currencies free of charge.
Acquiring virtual currencies, such as Gaminator Credits, only entitles the User to use them within the context of and in accordance with the slot games and features of the Website/App. No additional rights with respect to the acquired virtual currencies, such as ownership or payout, can be acquired. The sole object of purchase is the right to use the virtual currencies within the context of and in accordance with the respective slot game or feature, subject to restrictions with respect to time, content and location.
Regardless of the terminology used in the Website/App or the slot game, purchasing virtual currencies grants the User solely the right to use virtual currencies in accordance with the T&C. Any refund, redemption, reimbursement or payout in real currency is excluded. In the event of breaches of the T&C, the Operator is entitled to withdraw and cancel any rights issued for the use of virtual currencies. If this contractual relationship is terminated for any reason, all rights issued for the use of virtual currencies on the Website/App are cancelled. Any virtual currency that the User still has at the time of termination will be deleted, with no entitlement to reimbursement or payout.
If use of the Website/App is legally prohibited in the User’s country, the User must refrain from using the Website/App. Virtual currency used on the Website/App can only be acquired by Users in countries where the acquisition of virtual currency is permitted.
The User is expressly prohibited from selling, transferring, or acquiring accounts and/or virtual currency to or from other users or other third parties. In addition, it is also prohibited to acquire, sell, or exchange virtual currency outside the Website/App. Infringing these provisions is a violation of the T&C and will result in the closure of the account and termination of the Operator’s services.
The Website/App services, any data on the Operator’s servers, and any User content are the sole and unrestricted property of the Operator.
The virtual currencies available are displayed on the Website/App. The Operator reserves the right to continuously modify, reduce and/or expand the provision of Gaminator Credits and other virtual currencies and to adjust the prices at any time without specifying the reasons. The Operator may also cease providing virtual currencies or offer them for free or for a charge. Should the Operator exercise this right, it has no obligations towards the User, and the User is not entitled to reimbursement. The User is not entitled to reimbursement if the virtual currencies from the Website/App that they have been using for free are no longer provided or are only provided under modified conditions. This applies to all virtual currency provided for free, both on a temporary and a non-temporary basis. The Operator also reserves the right to delete or modify the User gaming account and associated User history or any other virtual currencies at any time without specifying reasons. In such cases, the User is entitled to terminate the contract with immediate effect. Any further claims by the User are excluded.
Payment for virtual currencies is made and processed via relevant third-party payment providers, such as the Google Play Store or the Apple App Store.
The currency for the purchase of Gaminator Credits or any other virtual currency used on the Website/App depends on the payment provider being used to make payment to the Google Play Store, Apple App Store and the User’s country.
Payment for the virtual currencies used on the Website/App is considered complete once the payment amount has been irrevocably credited to the account of the third-party provider. All account and/or monetary transactions are checked by the Operator. Any suspicious accounts and/or monetary transactions will be reported to the relevant authorities. The User warrants to be the legitimate holder or user of the chosen payment method. The legitimate holder or user has no right to claim a refund in case of an unauthorised use of a payment method.
The users shall have the right to request a revocation of the agreement for purchase of virtual currency with Gaminator within a period of 14 days of the payment for virtual goods without giving any reason or justification. A possible refund request may lead to the permanent blocking of the account.
The Operator reserves the right, at its own discretion, to refuse the allocations of virtual currencies or to impose limits on the number of virtual currencies or the total amount of virtual currencies. If deception or violations of legal provisions or of these T&C are suspected, the Operator is entitled to suspend acquisition processes and associated payment transactions until the situation is clarified. The provisions under Point I above also apply.

L. Liability and Guarantee

Claims for damages against the Operator, companies associated with the Operator and agents appointed by the Operator in connection with the services and content provided on the Website/App are excluded unless the relevant damages were caused intentionally or as a result of gross negligence by the Operator or companies associated with the Operator, or agents appointed by the Operator. This limitation of liability does not apply to personal injury.
The Operator, companies associated with the Operator, agents appointed by the Operator or companies associated with the Operator and/or the Website/App distribution partners appointed by the Operator or companies associated with the Operator are only liable for damages that fall outside the scope of product liability law where legal provisions apply.
The Operator is not liable for damages of any kind resulting from misuse of the Website/App by the User. Furthermore, the Operator does not assume any liability for damages of any kind resulting from misuse of the Website/App by third parties, i.e., persons other than the Operator, companies associated with the Operator, agents appointed by the Operator, or the User, unless the misuse by the third party was caused deliberately or as a result of gross negligence by the Operator.
The Operator assumes no liability for any damages resulting from circumstances beyond the Operator’s control (force majeure etc.)
The User is obliged to inform the Operator immediately in the event of any breach of the T&C. In such a case the User is also obliged to indemnify the Operator against any resulting damages and/or claims from third parties and to cover any resulting losses, costs or damages. This does not affect the Operator’s duty of mitigation.
The User is encouraged to maintain the privacy of their own and others’ personal information. The User should not share private or sensitive information on the Website/App. The Operator assumes no responsibility for users sharing private or sensitive information on the Website/App or on any third-party platform or application. The Operator disclaims all responsibility for any consequences that may arise from the sharing of such information by the User, including but not limited to the leakage of personal data and any resultant harm or loss.

M. Other Provisions

The updated version of the T&C can be found in the App under ‘Settings’ > ‘Legal’. The User is required to read the T&C. If a new version of the T&C is published, the User will be required to accept the new version. If the User does not accept the new version of the T&C, the User may not use any services provided by the Operator. If the User wants to delete his/her account, he/she must request the deletion of his/her account via support and delete the App.
Any notifications and declarations that affect this Contract are only valid if they are made on the Website/App.
The Contract remains in force even if its individual provisions and conditions prove to be legally void. This does not apply if adherence to the contract would constitute an unreasonable hardship for one of the parties to the contract.