Terms & Conditions

GENERAL TERMS AND CONDITIONS

WHOW Games GmbH

for our digital services and offers

As of: June 2026

(Language version: English – for international and worldwide use)

WHOW Games GmbH Bohnenstr 2, 20457 Hamburg, Deutschland Tel.: +49 (0)40 609 4372 30

Fax: +49 (0)40 609 4372 31 Email: service@whow.net

Web: Commercial register: Local Court of Hamburg, HRB 126 959

VAT ID No.: DE294031346 CEOs: Giovanni Valeriota, Jaeyoung Choi

TABLE OF CONTENTS

§ 1 Scope of Obligation and Subject Matter of the Agreement

§ 2 Conclusion of Contract

§ 3 Right of Withdrawal

§ 4 Availability

§ 5 Access and Alterations to these Terms & Conditions

§ 6 Game Instructions and Conditions of Participation

§ 7 Fees, Payment Conditions, and Late Payments

§ 8 Duration and Cancellation

§ 9 User Obligations and User Content

§ 10 Claims Based on Defects

§ 11 Liability and Limitations of Liability

§ 12 Data Protection Regulations

§ 13 Final Clauses

§ 1 Scope of Obligation and Subject Matter of the Agreement

1.1 These General Terms and Conditions (hereinafter "GTC") apply to all digital offers operated or licensed by WHOW Games GmbH (hereinafter "WHOW"), including most particularly web-based online portals, mobile applications (apps), and platforms made available as white-label or co-branded solutions (hereinafter individually and collectively referred to as the "Platform"), regardless of whether access is made possible via a top-level domain, a country-specific domain, or an app marketplace (e.g. Apple App Store, Google Play Store, etc.). These GTC govern the relationship between WHOW and natural persons (hereinafter "User") who use the online games and associated services offered via the Platform. The subject matter most particularly covers:

a) The free-of-charge use of the Platform and the games offered upon it,

b) the acquisition of licenses for Virtual Items (e.g. virtual in-game currency, virtual goods, additional game levels, and content packages, hereinafter collectively referred to as "Virtual Items"), and

c) any associated services (hereinafter "Services").

The Platform, Virtual Items, and Services are hereinafter collectively referred to as "Services." In addition to these GTC, the Privacy Statement and the legal notice (Imprint) of the respective Platform (each accessible via the corresponding link provided at the Platform) form an integral part of the contractual relationship.

1.2 The Services mentioned herein constitute digital content and digital services under the guise of §§ 327 et seq. of the German Civil Code (BGB). Use of the Platform is generally free of charge (Free2Play model). Virtual Items may be acquired for a fee. No real-money gambling or any games offering the possibility of winning real money are provided or hosted by the Platform. The Services are available to Users worldwide to the extent that such use is permissible under the laws applicable at the User's place of domicile or habitual residence. Users for whom this is not the case — in particular because the laws applicable in his/her jurisdiction prohibit or restrict such use — are not permitted to access the Services. To enforce these restrictions, WHOW employs technical access controls, including geo-blocking, automated screening, and manual account verification procedures. The User's obligation to independently ensure that his/her use of the Services is compliant with the laws applicable at his/her place of residence and domicile shall remain unaffected thereby.

1.3 IMPORTANT: THE SERVICES DETAILED IN THIS AGREEMENT ARE DIRECTED EXCLUSIVELY TOWARDS ADULT USERS (AGED 18 AND OVER), AND ARE INTENDED SOLELY FOR ENTERTAINMENT PURPOSES. BY REGISTERING, THE USER BINDINGLY CONFIRMS THAT THEY HAVE REACHED THE AGE OF 18.

1.4 Any terms and conditions of the User that conflict with or deviate from these General Terms and Conditions shall not form part of the Agreement unless WHOW explicitly agrees to them in written text form.

1.5 The Services are not available to Users to the extent that his/her use is precluded by applicable sanctions, an embargo, or export control regulations of the European Union, the United States, or any other legal orders applicable to the contractual relationship. This applies in particular to Users domiciled or habitually resident in states, territories, or regions subject to comprehensive use or service restrictions. WHOW is entitled to restrict or block access to the Services accordingly and to adjust the relevant states, territories, regions, or other affected groups at any time in accordance with the applicable legal framework.

1.6 The Services are intended exclusively for entertainment purposes. No cash prizes are played for or paid out. Virtual Items have no monetary value and are not redeemable for legal tender. Social casino services and the acquisition of Virtual Items may be subject to gambling-based legal restrictions in certain countries, states, or other jurisdictions. In addition to the general measures set forth in Section 1.2, WHOW employs a separate account verification procedure to identify Users from such jurisdictions. Should accounts in which use in an impermissible manner is determined, they shall be suspended or closed.

§ 2 Conclusion of Contract

2.1 By completing the registration form and confirming acknowledgment of these General Terms and Conditions, the User submits a binding offer to conclude a free-of-charge license agreement for the use of the Platform. WHOW accepts such an offer by activating the User account.

2.2 The use of individual games or services may require the creation of an additional game-specific User account; Section 2.1 shall apply mutatis mutandis.

2.3 WHOW is entitled to decline a registration offer without providing reasons for doing so.

2.4 Each User is only permitted to maintain a single account on the Platform. Additional accounts held by the same User may be deemed to be impermissible and subsequently blocked by WHOW. WHOW is further entitled to exclude Users in whole or in part from the services who cancel payments, transmit incorrect payment data, or knowingly provide false information at the time of registration.

§ 3 Right of Withdrawal

3.1 Withdrawal policy

Should the User be a consumer with a habitual residence or domicile within the European Union, he/she is, in the case of fee-based orders, entitled to a statutory right of withdrawal in accordance with the following withdrawal policy:

WITHDRAWAL POLICY Right of Withdrawal You have the right to withdraw from this Agreement within fourteen days without needing to provide any reason. The withdrawal period is fourteen (14) days from the date upon which the Agreement concludes. Exercising the Right of Withdrawal — Electronic withdrawal function (preferred method) To exercise your right of withdrawal, you may use the electronic withdrawal function accessible at the bottom of our Platform lobby at any time (button labeled "Submit Withdrawal Request"). Upon activating the button, the information relevant to the withdrawal will be displayed for your review, including in particular the association with the relevant Agreement. You will then confirm your withdrawal declaration in a subsequent step (button labeled "Confirm Withdrawal"). WHOW shall confirm receipt of your withdrawal declaration without undue delay per email on a durable medium. This confirmation will include the substance of the withdrawal as well as the date and time of receipt. Alternative: Withdrawal in text form Alternatively, you may submit an unambiguous declaration of your withdrawal (e.g. per email or written letter) to the following address: WHOW Games GmbH, Bohnenstr 2, 20457 Hamburg, e-mail: service@whow.net To make sure you meet the withdrawal deadline, it is seen as sufficient that you dispatch the notice exercising your right of withdrawal prior to the expiration of the withdrawal period. Consequences of withdrawal Should you withdraw from this Agreement, we are required to repay all payments received from you without undue delay and, in any event, no later than fourteen (14) days from the date of withdrawal. We shall use the same means of payment that you used for the original transaction for such repayment, unless otherwise expressly agreed to in conjunction with you. END OF THE WITHDRAWAL POLICY

3.2 Withdrawal form sample

As an alternative to the electronic withdrawal function, you may feel free to make use of the model withdrawal form shown below:

WITHDRAWAL FORM SAMPLE (If you wish to withdraw from the Agreement, please complete this form thoroughly and return it accordingly.) To: WHOW Games GmbH, Bohnenstr 2, 20457 Hamburg, email: service@whow.net I/We () hereby withdraw from the Agreement concluded by myself/us (): Established on (*)/received on (*): ___________________________________ Name of the consumer(s): ___________________________________________ Address of the consumer(s): _________________________________________ Signature (only in cases where the withdrawal is submitted in paper form):_________________________________________ Date: _____________________________________________________________ (*) Delete where applicable.

3.3 Early expiration of the Right of Withdrawal for digital content and digital services

The Right of Withdrawal shall expire early with respect to Agreements for the provision of digital content not supplied on a tangible medium where WHOW has commenced performance of the Agreement after the User (a) has expressly consented to WHOW commencing performance prior to the expiration of the withdrawal period, (b) has confirmed his/her acknowledgment that they will lose his/her right of withdrawal upon commencement of performance by giving such consent, and (c) has received confirmation from WHOW as per § 312f of the German Civil Code (BGB).

The Right of Withdrawal shall expire early with respect to Agreements for the provision of digital services upon complete performance of the service where the User (a) has expressly consented to WHOW commencing the provision of the service prior to the expiration of the withdrawal period, and (b) has confirmed his/her acknowledgment that his/her right of withdrawal shall expire upon complete performance of the Agreement by WHOW.

Consent and confirmation of acknowledgment pursuant to the foregoing provisions shall be given separately during the order process prior to submission of the order by checking the respective selection boxes (checkboxes). WHOW shall not commence performance of the Agreement or provision of the service until the User has submitted the respective required declarations.

§ 4 Availability

4.1 WHOW guarantees Platform availability up to 90% of the time on annual average. Excluded from this are periods during which the servers are unavailable due to technical or other issues outside of WHOW's control (force majeure, Third-Party fault) or due to necessary maintenance work.

4.2 Where possible, our scheduled maintenance windows will be carried out during periods of low usage. WHOW shall provide reasonable advance notice of foreseeable outages on the Platform.

§ 5 Access and Alterations to these Terms & Conditions

5.1 These General Terms and Conditions apply to all use of the Platform. At any time, the User may access them on the Platform, print them, or save them on a durable medium.

5.2 WHOW is entitled to amend or supplement these General Terms and Conditions with future effect. Amendments shall be communicated to the User in written text form at least six (6) weeks prior to their entry into force. Should the User not object within six (6) weeks of receipt of the notification in written text form, the amended General Terms and Conditions shall be deemed accepted. A notification shall expressly draw attention to this legal consequence. In the event of an objection, WHOW is entitled to extraordinarily terminate the affected contractual relationship.

5.3 Section 5.2 shall apply mutatis mutandis to material amendments to game rules and conditions of participation in conjunction with § 6.

§ 6 Game Instructions and Conditions of Participation

6.1 In addition to these General Terms and Conditions, separate game rules and conditions of participation apply to the respective games and services that are made accessible to the User on the Platform. In the event of any conflict between these General Terms and Conditions and game-specific rules, the latter shall prevail.

6.2 Users are strictly prohibited from insulting or treating other Users unfairly, or from circumventing fair use policies. Technical protection mechanisms may not, under any circumstances, be circumvented (e.g. through the use of bots, cheating, or manipulation).

§ 7 Fees, Payment Conditions, and Late Payments

7.1 Use of Services (Free2Play model) free of charge

As a general rule, WHOW makes the Platform and games available free of charge. Within the framework of the Free2Play model, Virtual Items are provided to the User free of charge at regular intervals.

7.2 Paid for Virtual Items

7.2.1 The User may acquire additional Virtual Items for a fee. Prices and available offers are set forth on the respective Platform and as part of the game rules. All prices are stated and are to be understood as gross prices.

7.2.2 Upon acquisition, the User shall receive a limited, non-transferable, revocable license to use the Virtual Items throughout and as part of the Platform. Virtual Items have no monetary value, cannot be redeemed for cash, and are only usable within the guise of the Platform. The User does not acquire ownership of Virtual Items.

7.2.3 WHOW reserves the right to offer new Virtual Items as well as to discontinue the offering of individual Virtual Items or games. In the event of permanent discontinuation, WHOW will refund any fees paid in advance on a pro-rata basis.

7.3 Subscriptions

Where the User purchases Virtual Items for a specified period of time (i.e. a subscription), the subscription shall automatically renew for the agreed term until the User terminates it in accordance with § 8.

7.4 Payment conditions

Fees become due upon conclusion of the Agreement and are payable in advance. Charges will be applied to the selected means of payment.

7.5 Price adjustments

7.5.1 Changes in prices for individual purchases (non-subscription) shall apply exclusively to Agreements concluded after the date of the change. Agreements already concluded shall remain unaffected by price changes.

7.5.2 For subscriptions, WHOW shall notify the User of fee changes in written text form at least six (6) weeks prior to their entry into force. The User shall have a six-week right to object as well as a special right of termination; in the event of an objection, WHOW shall refund any fees paid in advance on a pro-rata basis.

7.6 Late payments

In the event of late payments, WHOW is entitled to charge statutory default interest, suspend services, and temporarily block User accounts.

7.7 Chargeback costs

Where WHOW incurs cancellation fees due to fault on behalf of the User, the User shall bear the actual costs incurred. The User reserves the right to demonstrate that no damage or lesser damage has occurred.

7.8 No winnings

The earning or acquisition of Virtual Items does not constitute tangible assets of monetary value. No cash prizes or prizes in kind are offered or paid out. The Platform is intended exclusively for entertainment purposes.

7.9 Right of Set-Off and Right of Retention

The User may only set off claims against WHOW's claims that are undisputed or have been legally determined by a court of law. A Right of Retention on the behalf of the User exists only with respect to counterclaims arising from the same contractual relationship.

§ 8 Duration and Cancellation

8.1 Duration

Contractual relationships are entered into for an indefinite term, unless otherwise specified in the particular offer.

8.2 Ordinary cancellation

8.2.1 At any time, either party may conduct an ordinary cancellation of the contractual relationship with respect to the free-of-charge use of the Platform without notice.

8.2.2 Subscriptions may be terminated by either party at the end of the respective term. In the absence of timely cancellation, the subscription shall automatically renew for the agreed to term.

8.3 Cancellation of subscriptions: Cancellation button

For subscriptions and other consumer agreements concluded on the Platform via electronic commerce that are directed at establishing a continuing paid obligation, WHOW provides a clearly legible and directly accessible electronic cancellation button labeled "Cancel Agreements Here." Via this button, the User is directed to a confirmation page via which they may submit his/her intent to terminate his/her subscription.

On a durable medium, WHOW shall contact the User in written text form by electronic means in order to confirm the substance, date, and time of receipt of the cancellation wish, as well as the date upon which the cancellation of the contractual relationship shall take effect. If the User does not specify a date upon which the cancellation shall take effect, the cancellation shall be effective at the earliest possible date.

Alternatively, a cancellation may be declared in written text form via an email sent to service@whow.net.

8.4 Extraordinary cancellation for cause

8.4.1 The right of either party to an extraordinary cancellation for cause shall remain unaffected.

8.4.2 WHOW is most particularly then authorized to conduct an extraordinary cancellation when:

a) the User culpably violates applicable laws, these General Terms and Conditions, game rules, or conditions of participation and continues to do so despite a formal warning;

b) the User falls into arrears with payments of at least 10.00 EUR (ten euros) and fails to make payment despite two payment reminders;

c) Third Parties, via whose registration services the User has gained access to WHOW Services, formally request that WHOW delete or restrict access to such User data.

8.4.3 In the event of serious violations, immediate extraordinary cancellation without prior formal warning shall be permissible, in particular in cases of violations of criminal law, abusive use of an account (e.g. bots, cheating, manipulation), or the knowing provision of false information.

8.4.4 In the event of a justified extraordinary cancellation by WHOW on grounds attributable to the User, any entitlement to reimbursement with respect to Virtual Items granted free-of-charge shall be extinguished.

8.4.5 Where WHOW is determined to be the party responsible for an extraordinary cancellation, WHOW shall refund to the User any fees paid in advance on a pro-rata basis; any further statutory claims of the User shall remain unaffected.

8.4.6 WHOW shall have a special Right of Cancellation in the event that WHOW loses the authorization to operate individual games or Services.

§ 9 User Obligations and User Content

9.1 Obligation to provide accurate information

The User is obligated to provide complete and accurate information at the time of registration and throughout the ongoing contractual relationship, as well as to update any changes without undue delay.

9.2 Access credentials

The User shall keep his/her access credentials strictly confidential and shall notify WHOW without undue delay upon becoming aware of any unauthorized use of his/her account. The User is responsible for all activities carried out by his/her account unless they demonstrate that they are absolutely free of responsiblity for such activities.

9.3 Prohibition of transfer

The User account and Virtual Items may not be sold, transferred, or loaned to Third Parties without the expressed prior written consent of WHOW. Any commercial exploitation by the User is prohibited.

9.4 Prohibited content

9.4.1 The User may not distribute or post any content on the Platform that is deemed unlawful, defamatory, discriminatory, pornographic, harmful to minors, glorifying violence, infringing upon Third-Party intellectual property rights, constituting spam, containing malicious code, or knowingly containing false information.

9.4.2 The use of the Platform via anonymization services (e.g. VPN, proxy servers, etc.) for the purpose of circumventing geographic access restrictions is prohibited.

9.4.3 WHOW is, without prior notice, entitled to remove content that is unlawful or in violation of these General Terms and Conditions. The User shall have no right to restoration of such content.

9.5 Indemnification

The User shall indemnify and hold WHOW harmless from and against all Third Party claims asserted against WHOW as a result of a culpable breach of the User's obligations as per these General Terms and Conditions.

9.6 License for User content

All rights in content posted by the User on the Platform shall remain with the User. By posting such content, the User grants WHOW a non-exclusive, royalty-free, and at all times revocable license to display such content on the Platform to the extent necessary for its operation.

§ 10 Claims Based on Defects

10.1 With respect to paid digital content and digital services, the User's rights in the event of defects shall be governed by applicable statutory provisions, in particular §§ 327 et seq. of the German Civil Code (BGB). The following Sections 10.2 through 10.4 do not restrict these rights.

To the extent that the Platform is made available to the User free of charge, §§ 327 et seq. BGB shall apply in accordance with § 327(3) BGB where the User provides personal data or undertakes to provide such data, unless such data is processed by WHOW exclusively for the purpose of fulfilling statutory obligations or exclusively for the purpose of providing the Platform whatsoever.

To the extent that the statutory provisions governing digital products are not applicable in individual cases, WHOW shall be liable for defects in the Platform provided free of charge only in cases of willful misconduct or gross negligence, as well as in cases of culpable breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper use of the Platform and that for which the observance thereof is something the User may regularly rely upon.

10.2 WHOW requests that the User report any identified defects to the support team (service@whow.net) as promptly as possible, with a description of the relevant circumstances. The User is not subject to any obligation to report defects within a specified period.

10.3 Functional disruptions attributable to external influences, operational errors on the part of the User, or force majeure shall not be subject to statutory warranty obligations.

10.4 WHOW does not provide guarantees in the legal sense. In particular, there is no entitlement to the maintenance of any specific scope of functionality with respect to free-of-charge use.

§ 11 Liability and Limitation of Liability

11.1 WHOW shall be liable without limitation for damages arising from injury to life, body, or health, as well as for damages resulting from willful misconduct or gross negligence on the part of WHOW or its vicarious agents.

11.2 For damages arising from the breach of material contractual obligations (cardinal obligations) through ordinary negligence, WHOW shall be liable in principle, however limited in amount to the typical foreseeable damage at the time of conclusion of the Agreement.

11.3 Liability for all other damages arising from ordinary negligence is excluded.

11.4 The foregoing liability provisions shall apply mutatis mutandis to employees, staff, representatives, and other vicarious agents of WHOW.

11.5 WHOW assumes no responsibility for the content of linked third-party websites.

11.6 Liability as detailed in the Product Liability Act and under any other mandatory statutory provisions (in particular §§ 327s et seq. of the German Civil Code (BGB)) shall remain unaffected.

§ 12 Data Protection Regulations

WHOW processes a User’s personal data exclusively for the purpose of rendering the services and fulfilling statutory obligations, most particularly those detailed in the German GDPR and the TDDDG. WHOW is a provider of telemedia services as per the meaning provided by the TDDDG.

Information regarding the nature, scope, purpose, and legal basis of data processing, as well as the rights of the User, is set forth in the Privacy Statement, accessible at privacy-statement.

§ 13 Final Clauses

13.1 The User is not entitled to transfer any rights arising from this Agreement to Third Parties without the explicit prior consent of WHOW in written form. WHOW is entitled to transfer the contractual relationship to a Third Party. The; User will be notified at least four (4) weeks in advance and may in such cases terminate the Agreement without observing a notice period.

13.2 These General Terms and Conditions and all Agreements based thereupon shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In cases where the User is a consumer, the mandatory consumer protection provisions of the state of his/her habitual residence shall also apply, most importantly to the extent that they afford greater protection.

13.3 Should any individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Invalid clauses shall be replaced by statutory provisions that most closely correspond to the economic purpose of the invalid clause.

13.4 There shall be no oral collateral agreements. Amendments and supplements must be established and provided in written text form.

13.5 WHOW shall not participate in consumer dispute resolution proceedings before a consumer arbitration board, and shall not be obligated to do so (§ 36 VSBG).

Stand: Juni 2026 | WHOW Games GmbH | HRB 126 959 Amtsgericht Hamburg