Allgemeine Geschäftsbedingungen

Qoinomics: the operator of the online service of the same name, as stated at the top of this document.

The service: the browser-based virtual world Qoinomics, including all its parts (worlds, shops, apartments, marketplace, chat, voice and management functions).

User / you: the natural person who has an account and uses the service.

Consumer: a user who is not acting in the course of a profession or business.

Account: the personal access to the service, linked to a Google account and a user profile.

iQoins: credit that you can earn within the service by taking part in activities (such as assignments, quizzes and virtual work). iQoins have no monetary value and cannot be bought.

Qoins: credit that you can buy with real money in accordance with the Payment Terms, and that can only be spent within the service.

Virtual items: digital objects in the service, such as clothing, furniture and accessories.

Right of use: the contractual right to use a virtual item within the service.

Payment Terms: the separate terms for the purchase of Qoins, as published on the website.

Code of conduct: the community guidelines that Qoinomics publishes and that form part of these terms.

Durable medium: any means that allows you to store information in such a way that you can consult it later (for example e-mail or a downloadable file).

These terms apply to every user and every agreement with Qoinomics concerning the use of the service and the purchase and use of Qoins, virtual items and services within the world.

The community guidelines (code of conduct) and the Payment Terms form part of these terms.

In the event of conflict, the following order applies: (1) statutory provisions that cannot be excluded by contract; (2) the specific information Qoinomics provides with an individual purchase (such as the product description and the price on the purchase button); (3) the Payment Terms; (4) these Terms and Conditions; (5) the code of conduct.

Deviations are only valid if they have been agreed in writing and have been expressly marked as a deviation by Qoinomics.

These terms are available in Dutch, English, German and Spanish. In the event of a difference in interpretation, the Dutch text prevails, except where the law of your country of residence requires otherwise.

The service consists of a free online world. Qoinomics may expand, adapt and improve the service.

The service can be used through a modern browser; no application needs to be installed.

Qoinomics aims for good availability, but cannot guarantee uninterrupted availability. Maintenance and outages are announced in advance via the service or the website where possible.

New parts of the service may first become available in a test phase. Qoinomics will clearly indicate their status.

You can use the service free of charge. For certain parts (such as the purchase of Qoins, virtual items and apartments) you pay in accordance with the Payment Terms.

You must be at least 13 years old to have an account. If you are under 13, you may not use the service.

If you are under 16, Qoinomics will ask your parent or guardian for consent at registration for the processing of your personal data, insofar as that processing is based on consent. More information is available in the privacy statement; this consent is not requested through these terms.

For purchases: if you are under 18, you need the consent of your parent or guardian to make purchases. Parents can ask Qoinomics for purchase limits and refunds; see the Payment Terms.

You state your correct age when registering. If Qoinomics discovers that a user is under 13, the account will be blocked until the age rule is complied with, and the parent/guardian will be contacted where necessary.

Your account is personal and non-transferable. You do not share your login details with anyone and you do not create an account for someone else. You are responsible for what happens through your account, unless you make it plausible that someone else used your account without your permission and that you could not reasonably have prevented this.

You use your real age and no false Google profile. Falsifying your age may lead to the account being blocked.

You retain all rights to the content that you create and share in the service yourself (such as chat messages, business cards, uploaded logos and apartment furnishings).

To be able to offer, host, reproduce, adapt where technically necessary (such as format and compression), secure and moderate the service, you grant Qoinomics a non-exclusive, worldwide, royalty-free licence to that content, solely for these purposes. Qoinomics does not sell your content to third parties and does not use your content for advertising without separate consent.

You do not post content for which you do not have permission (such as other people's photos, brands or music) and you do not upload files containing viruses or malicious code.

This licence ends when you delete the content and, insofar as technically possible, when you terminate your account. Back-ups and retention periods for moderation may override this insofar as necessary.

What you buy is a right of use, not ownership. When you buy or earn a virtual item, you obtain the right to use that item within the service, linked to your account. You do not become the owner of the underlying file or model and you do not acquire any copyright or other intellectual property.

All avatars, clothing, furniture, buildings and other objects in the service have been developed by Qoinomics; the intellectual property therein remains with Qoinomics (or with rights holders with whom Qoinomics has agreements).

Limited editions. For items offered as a limited edition, Qoinomics registers the edition size and the copies on its servers. The scarcity is registered in the service, not in a downloadable file.

Downloadable files. If a downloadable 3D file is supplied with an item, separate licence terms apply to it, which are shown before the purchase. In principle: personal, non-commercial use; no redistribution; no sale of derivatives. If you download the file, the right of use of the in-world item continues to exist in full.

Qoinomics may restore virtual items that have been lost due to a technical error, insofar as this is reasonably possible.

iQoins are earned game credits within the service. They have no monetary value, cannot be bought with money and cannot be exchanged for money, Qoins or anything of value outside the service.

You earn iQoins by taking part in activities organised by Qoinomics. Qoinomics determines which activities earn iQoins and how many, and may change this. Qoinomics announces major changes in advance within the service.

iQoins cannot be transferred from user to user as a means of payment.

After 24 months of non-use of the account, Qoinomics may let unused iQoins expire. You will be notified at least 30 days in advance within the service and by e-mail (if known), and you can prevent expiry by logging in again.

Qoins are purchased credits. The purchase, payment, withdrawal and refund of Qoins are set out in the Payment Terms.

Qoins can only be spent within the service. They are non-transferable (not even to friends), cannot be withdrawn and cannot be exchanged for money or anything of value outside the service.

Paid Qoins do not expire.

Promotional Qoins that Qoinomics adds free of charge (for example during a campaign) may have an expiry date; this will be clearly stated when they are granted.

Qoinomics manages the issuing, accounting and rules of both credits. Users cannot create currency or credit themselves; attempts to do so are a breach of these terms and may be reversed.

In the current phase, users cannot resell virtual items to each other. Resale is only possible after Qoinomics has activated it and publishes separate marketplace terms for it.

If resale is activated later, Qoinomics will publish separate marketplace terms before activation. In this draft phase, no commitment is yet made about the exact design of such a marketplace.

Nothing in these terms gives you the right to trade, sell or exchange Qoins, iQoins or items outside the service for money or goods outside the service. This also applies to offers to do so on external websites.

Renting a virtual apartment is a digital service: you buy the right to use the space for a term, linked to your account. It is not a lease of real estate and residential tenancy law does not apply.

When you sign up, you see the term, the price and the cancellation options. Terms are in principle weekly or monthly.

You can always cancel with effect from the end of the current term, via the settings in the service. Early cancellation during the term is also possible; what then happens to your credit is stated at the time of purchase.

Automatic renewal: if you do not cancel the apartment, the contract may be tacitly renewed for the same term each time. Qoinomics sends you a reminder in advance within the service and by e-mail (if known), explaining how you can easily cancel.

Price changes only apply to new terms and are announced at least [14/30] days in advance. After the announcement, you can end the current term free of charge.

Outages: if an apartment is unavailable for more than 72 hours due to an outage at Qoinomics, Qoinomics restores its use and compensates proportionally, in principle by extending the term or with credit within the service.

Furniture and items you have placed in the apartment remain linked to your account and return to your inventory at the end.

Account block: if your account is blocked, article 13 applies; the apartment becomes available again after the paid term ends, unless the block is the result of fraud with payments for that apartment.

When using the service, you follow the code of conduct (community guidelines) published by Qoinomics. The code of conduct contains in any case rules against bullying, discrimination, racism, (sexual) harassment, stalking, threats, doxxing, fraud, scams, spam and inappropriate content involving minors.

The code of conduct may be updated; the current version is always available in the service.

The rules shown in rooms (such as codes of conduct for school environments) also apply in the service.

Qoinomics monitors the service, among other things with automated filters and with human moderators. Qoinomics reviews reports from users.

Measures are proportionate. Qoinomics in principle applies a step-by-step model: a warning, a temporary restriction (such as a chat or voice restriction), a temporary block and, in the event of serious or repeated violations, a permanent block.

Immediate action is possible in serious cases, such as threats, sexual content involving minors, attempts to approach children, fraud or other serious violations. In those cases, Qoinomics may act without prior warning.

You will always be told why. With every measure you receive an understandable notice of the reason and the duration and, where relevant, a reference to the rule that was breached. If it concerns a decision about specific content, the notice includes an explanation and the possibility to object.

Objection and human review. You can object to any measure via the reporting channel in the service or via [contact e-mail]. Objections are handled by a person who was not involved in the original decision, and you will receive a response within [14] days. If you disagree with the outcome, you can still go to court.

If you misuse the reporting system (for example by falsely accusing someone), this may itself lead to a measure.

Qoinomics informs the competent authorities where required by law, in particular in the event of suspected criminal offences that pose a threat to the life or safety of persons (as required by the Digital Services Act).

A measure against your account does not automatically mean that you lose your paid credits and items.

Unused Qoins: in the event of a permanent block that is not the result of payment fraud, you will receive the value of your unspent Qoins back at the proportional purchase value, in accordance with the Payment Terms. With temporary measures, your credits simply remain.

Payment fraud: if it is established that purchases were made with stolen means of payment or otherwise fraudulently, Qoinomics will only reverse the transactions that are demonstrably connected with that fraud. A temporary block during the investigation is limited in duration and can be disputed.

No automatic set-off: Qoinomics does not automatically set off damages, fines or investigation costs against your entire balance. Claims for these are communicated separately and with reasons.

Qoinomics can only reverse or withdraw credits and items insofar as this is justified by a concrete decision, communicated with reasons, about an established violation or fraudulent transaction, with the possibility to object. There is no general forfeiture of all credits and items.

You can always terminate your account via the settings or via [contact e-mail]. You do not need to give a reason.

On termination: your unspent Qoins are dealt with in accordance with the Payment Terms (in principle a refund of the purchase value of unspent Qoins); your iQoins and virtual items lapse as soon as your account is deleted, because they only exist within the service; downloadable files you already have can be used in accordance with their licence.

Deletion of your account and your personal data takes place in accordance with the privacy statement; retention obligations (such as the tax retention obligation) may temporarily limit full deletion.

Qoinomics may terminate the agreement with a user if the user persistently and materially acts in breach of these terms or the code of conduct, after the user has been given the opportunity to remedy this, except in serious cases (article 12 paragraph 3) or in the event of payment fraud.

On termination by Qoinomics, article 13 (credits) applies and you will receive a statement of reasons with the possibility to object.

Qoinomics may terminate the service as a whole; see article 23.

Qoinomics maintains the service with care. Minor outages and scheduled maintenance may occur.

Qoinomics cannot guarantee any specific facility or function indefinitely; functions may be adapted or replaced, subject to article 18 (conformity) and article 22 (changes).

In the event of prolonged outages (more than 72 consecutive hours) of a service you have paid for, Qoinomics compensates proportionally, in principle with credit or an extension within the service.

All purchases with money (Qoins, paid items, apartments) are subject to the Payment Terms.

Prices are shown in euros, including VAT, before the purchase. Upon purchase, a confirmation is provided on a durable medium.

Everything Qoinomics supplies (Qoins, items, apartments, services) must meet what has been agreed and what you may reasonably expect.

If a supplied service or item does not meet this, your statutory rights apply: remedy (in principle by supplying again or repairing), an appropriate solution or, where the law allows, termination and (partial) refund. You can always submit a complaint via [contact e-mail].

Qoinomics supplies necessary updates for as long as needed to comply with the agreement, and informs you about them within the service.

All rights to the service itself (software, worlds, 3D models, trademarks, texts, music for which Qoinomics holds licences) remain with Qoinomics or the relevant rights holders.

You may not copy, extract, reverse-engineer or reuse parts of the service beyond what is permitted in these terms, insofar as the law (such as the copyright exceptions for private use, back-ups and attribution) does not permit this.

If you want to report an infringement of rights (for example if someone uses your work without permission), you can do so via the reporting channel in the service; Qoinomics handles reports of suspected illegal content in a timely manner and with reasons.

Qoinomics processes personal data in accordance with the privacy statement, which is provided separately and can be read separately, and not through these terms.

Consents (such as the consent of a parent for a user under 16) are requested separately and explicitly, not bundled with the acceptance of these terms.

You have the right of access, rectification, erasure and objection; see the privacy statement for how to arrange this.

Qoinomics is liable for damage resulting from intent or deliberate recklessness, and for damage resulting from death or personal injury, in accordance with the law.

For other damage, the applicable law applies; Qoinomics does not exclude or limit liability towards consumers by contract, except insofar as the law expressly permits.

You are liable for damage you cause to Qoinomics by breaching these terms, insofar as that damage can be attributed to you and is reasonably limited.

Changes to the terms. Qoinomics may change these terms for legitimate reasons, such as new legislation, new functionality or improved security. Changes are announced at least 30 days in advance within the service and by e-mail (if known), with a clear explanation of what is changing and why.

Your choice. If you do not agree with a change after its effective date, you can terminate the agreement; article 14 then applies. For paid, ongoing services (such as a current apartment term), you will receive a proportional refund of the part not yet supplied upon termination. Continued use of the service after the effective date counts as acceptance, but you can still terminate up to 30 days after that date and request a proportional refund.

Product changes. Adjustments to the service itself (new functions, changes to worlds) are not changes to the terms. For purchases you have already made, article 18 (conformity) applies: key points such as the edition size of a limited edition and the paid term are not changed unilaterally to your disadvantage.

The current version and previous versions can be consulted via the website.

If Qoinomics decides to stop the service permanently, it will announce this at least 60 days in advance within the service, by e-mail (if known) and on the website.

On closure: (a) the value of your unspent Qoins will be refunded at the proportional purchase value in accordance with the Payment Terms; (b) prepaid services (such as apartment terms) that can no longer be supplied will be refunded proportionally; (c) downloadable files you already have remain usable under their licence, and before closure Qoinomics opens a period in which you can download them once more; (d) in-world items and access lapse when the world stops, and this will be clearly communicated in advance.

Article 23 does not limit your statutory rights: if the service does not conform to the agreement, the statutory remedies apply.

Dutch law applies to these terms and all agreements with Qoinomics.

If you live as a consumer in another EU country, the mandatory consumer law of your country of residence continues to apply in full, and you can also bring proceedings before the court of your country of residence where the law permits.

If you have a complaint, please first contact us via [contact e-mail] or the complaints channel in the service. Qoinomics will in principle respond within 14 days.

If you disagree with the outcome, you can contact the information and reporting point ConsuWijzer of the Netherlands Authority for Consumers and Markets (ACM) or a comparable point in your country; it does not resolve your dispute in a binding way, but can provide information and register your complaint. You can always go to court.

Your statutory rights (including your right of withdrawal) are not limited by a complaints procedure.

If one provision is invalid, the rest of these terms remains in force; the parties will then consult on a replacement arrangement that comes as close as possible to the purpose.

Qoinomics can only transfer rights under these terms in writing.

Changes of operator (for example on transfer of the platform) will be announced; existing purchases will be honoured as set out in article 23.