Terms of Service

§ 1 Scope and provider

These terms govern the use of the ChatGames service at chatgames.pro. The provider is:

ShishaWG, Inhaber Marvin Dutiné
Wiesenstr. 3
63110 Rodgau
Germany

Phone: +49 151 44555845
Email: info@shishawg.de

Deviating terms of the user do not become part of the contract unless we expressly agree to them.

§ 2 The service

ChatGames provides interactive mini-games controlled through the chat of a Twitch channel. The service is free of charge. There is no entitlement to continuous availability, to particular games or to the continued existence of individual features; we may develop, restrict or discontinue the service.

ChatGames is an independent offering and is not affiliated with Twitch Interactive, Inc.

§ 3 Access, account, age

Hosting games requires signing in with a Twitch account. You are responsible for everything done through your account. Viewers taking part need no ChatGames account; they participate through Twitch chat. Viewers who wish can sign in with Twitch to save their own game picks on the private page /me; these terms then apply to that too.

Twitch's age limits apply. Minors may use the service only with the consent of a parent or guardian.

When using the service you must also comply with the terms of Twitch.

§ 4 User obligations

You undertake to refrain from:

• any unlawful use, in particular posting criminal, youth-endangering, insulting, hateful or discriminatory content
• infringing third-party rights, in particular copyright, trademark and personality rights
• disrupting, overloading or attacking the service, or circumventing security measures
• using automated means to manipulate game results, leaderboards or ratings
• impersonating others or harassing other participants

§ 5 User-generated content

You can build and publish your own courses and tracks. You remain responsible for that content and warrant that you hold the necessary rights and infringe no third-party rights.

The same applies to text you send us through the report button on the left edge of the screen. We may use suggestions, feature requests and bug descriptions free of charge and without time limit to develop the service further; this creates no claim to implementation, payment or credit. Confidential information does not belong in that field.

By publishing, you grant us a simple, royalty-free, worldwide licence to store, display, reproduce and make the content available to other users for play within the service, including the author name you gave. This licence ends when the content is deleted, unless further use is necessary to keep games already played intact. Your copyright otherwise remains unaffected.

§ 6 Reporting illegal content, moderation

Illegal content can be reported at any time through our notice mechanism under Art. 16 of Regulation (EU) 2022/2065 (Digital Services Act): via the form at /legal/notice or by email to info@shishawg.de. A notice should contain a reason, the exact location (name or identifier of the track, or the URL), your name and email address, and a confirmation that your information is accurate and complete to the best of your knowledge.

We confirm receipt and decide in a timely, diligent, non-arbitrary and objective manner. We inform the notifying party and — where we have contact details — the affected user of the decision with a statement of reasons under Art. 17 DSA, including the available remedies.

How we moderate: we review published tracks on notice and through our own spot checks. When three different signed-in accounts report the same course, it is hidden automatically and provisionally until we have reviewed the reports. A human always takes the final removal decision. We may remove content or restrict access to it and warn, suspend or delete accounts that breach these terms or applicable law. You may appeal a decision informally by email within six months; we will review it again and respond with reasons.

As a micro enterprise within the meaning of Recommendation 2003/361/EC we are exempt under Art. 19 DSA from the obligations of Art. 20 to 28 DSA, except for Art. 24(3) DSA; Art. 15(2) DSA exempts us from transparency reports. Where we suspect a criminal offence involving a threat to the life or safety of a person, we inform the competent authorities (Art. 18 DSA). Your right to go to court remains unaffected.

§ 7 Availability, maintenance

Maintenance, faults at third parties (in particular Twitch) or force majeure may cause interruptions. No particular availability is warranted.

§ 8 Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, to the extent of a guarantee given, and under the German Product Liability Act.

For slight negligence we are liable only for breach of a material contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely (cardinal obligation). In that case liability is limited to the foreseeable damage typical for this type of contract.

Liability is otherwise excluded. As the service is provided free of charge, we are additionally liable only as far as the statutory rules on gratuitous contracts provide. The above provisions do not change the burden of proof to your detriment.

§ 9 Indemnification

If content you post infringes third-party rights, you will indemnify us against resulting third-party claims to the extent you are responsible for the infringement. We will inform you of such claims without undue delay.

§ 10 Term and termination

You can stop using the service at any time and delete your account at /account without giving reasons. We may terminate the relationship with 14 days' notice; the right to terminate for cause, in particular for serious breaches of § 4, remains unaffected.

§ 11 Changes to these terms

We may change these terms with effect for the future where this is necessary because of a change in the law, in case law, for technical reasons or because the service has developed further, and where this does not unreasonably disadvantage you.

We will notify you of the change at least 30 days before it takes effect, on this page and, where we have your address, by email. Material changes — in particular those affecting your rights and obligations — take effect only with your express consent, which we obtain at your next sign-in. If you do not consent, either side may end the relationship as of the date the change takes effect; until then the previous terms continue to apply. Your silence does not count as consent.

§ 12 Data protection

How we process personal data is described in our privacy policy at /legal/privacy.

§ 13 Consumer dispute resolution

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

§ 14 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in the EU, the mandatory consumer protection provisions of your country of residence continue to apply in addition.

If a provision of these terms is invalid, the remainder of the contract remains effective.

The German version of these terms prevails; the English version is provided for information.