Terms of use for Enshrouded 

Status: 05.06.2023

1                 Scope of Application and Subject Matter of the Agreement

1.1             Keen Games GmbH, Dreieichstr. 59, 60594 Frankfurt am Main ("Keen") operates the game Enshrouded ("Enshrouded"), which it offers to you for use subject to these Terms of Use for Enshrouded ("Terms of Use"). Within the scope of Enshrouded, you can move freely in an open world, explore it, build it, fight battles and much more.

1.2             The subject of the contract is the use of Enshrouded by you. You may purchase Enshrouded through the Steam platform, and other platforms in the future (collectively, the "Platform"). With respect to the purchase of Enshrouded, the respective Platform shall be the sole contractual partner. With regard to the use of Enshrouded, the respective contractual terms of the Platform shall prevail. This applies in particular in the event of contradictions between the respective contractual terms of the platform and these Terms of Use. These Terms of Use apply in addition.

1.3             If you voluntarily decide to purchase certain features, virtual items or rights ("In-game Items") as part of Enshrouded, you will incur costs beyond the purchase price of Enshrouded. In-game items can only be used for Enshrouded and only for the user account through which the respective payment transaction was made.

1.4             In order to use Enshrouded, you may have to give your consent to the processing of your personal data. Keen will separately request you to provide these consent declarations, insofar as they are legally required, and will inform you about the scope of these declarations.

1.5             The connection to the Internet, the maintenance of the network connection as well as the procurement and provision of the hardware and software required for the purchase and use of Enshrouded is not subject to these Terms of Use. In order to be able to use Enshrouded, you must therefore be responsible for providing Internet access and all technical equipment required for this purpose, and you must pay any fees incurred in this connection yourself.

1.6             Source codes, development materials and open-source software used for Enshrouded are not subject to this contract.

1.7             Keen does not store this contract text after the conclusion of the contract. You can access the Terms of Use at any time at enshrouded.com/eula.

2                 Conclusion of contract

You can only acquire the rights to use Enshrouded necessary for purchase and play via a platform. For this purpose, you must register on the respective platform. The respective platform will be your contractual partner for the registration, the acquisition of the rights of use of Enshrouded and of in-game items for Enshrouded. The conclusion of the contract for the registration, the purchase of Enshrouded and of in-game items therefore takes place according to the contract conditions of the respective platform.

3                 Your obligations

3.1             The use of Enshrouded is subject to the terms and conditions of the Platform through which you acquired Enshrouded. In addition, the provisions of this clause 3 shall apply to the extent that they do not conflict with the terms and conditions of the Platform. In the event of such a conflict, the terms and conditions of the Platform shall prevail.

3.2             You are obliged to use Enshrouded in accordance with these Terms of Use and in accordance with the respective purpose. You are obligated not to hinder or harass other users of Enshrouded, not to use Enshrouded for purposes other than those for which it is intended, and not to use Enshrouded in a way that disrupts or overloads the technical process.

3.3             In particular, the following is prohibited:

a)           Use of measures, mechanisms or software that may disrupt the functioning and gameplay of Enshrouded;

b)           Actions that could cause an unreasonable or excessive load on the technical capacities;

c)            Blocking, overwriting or modifying the content generated by Keen or otherwise interfering with the gameplay in a disruptive manner;

d)           Use of bots or other tools;

e)           Use of scripts and programs that give you an advantage over other players;

f)             Creating or using cheats, mods, hacks and/or software that alters the game experience;

g)           Buying, selling or exchanging virtual goods and in-game items for real means of payment from third parties or attempting these actions, unless this is permitted in individual cases.

3.4             This also includes all actions that are equivalent in their effect to the aforementioned prohibitions.

3.5             If you discover a programming error that could potentially be exploited to the detriment of other users or Keen, please report it to Keen immediately.

4                 Granting of rights

4.1             For the granting of rights to Enshrouded, the terms and conditions of the platform through which you acquired Enshrouded apply. In addition, the provisions of this clause 4 shall apply to the extent that they do not conflict with the terms and conditions of the Platform. In the event of such a conflict, the terms and conditions of the Platform shall prevail.

4.2             Keen grants you a non-exclusive (non-exclusive), non-transferable, non-sublicensable, geographically unrestricted right, limited to the term of this Agreement, to use Enshrouded for private purposes in accordance with these Terms of Use and to store and display Enshrouded to the extent necessary for the intended and contractual use. All rights not expressly granted, in particular the rights to edit, distribute, make publicly available and/or otherwise exploit Enshrouded, are reserved. To the extent that Keen provides new releases, patches, upgrades, updates and corrections of Enshrouded during the term of this Agreement, the foregoing right of use shall apply to them in the same manner.

4.3             Components of Enshrouded that are recognizably subject to the rights of third parties and in particular open-source licenses are excluded from the granting of rights. In particular, components that are disclosed by Keen within Enshrouded as third-party content are considered to be recognizable.

4.4             You may not decompile or otherwise reverse engineer Enshrouded or attempt to discover its source code. The only exceptions to this are actions necessary to obtain interface information required to establish interoperability with third party software. The prerequisite for this is that you have previously unsuccessfully attempted to obtain such information from Keen for a reasonable fee. Interface information obtained in this way may only be used for the purpose of establishing interoperability, may not be published, and may only be made available to third parties to the extent necessary to establish interoperability.

5                 Liability

Primarily the respective platform is liable. Insofar as a direct liability of Keen exists, Keen shall be conclusively liable within the scope of these Terms of Use in accordance with the following provisions.

5.1             Keen shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.

5.2             In cases of slight negligence, Keen shall be liable in case of breach of a material contractual obligation. An essential contractual obligation in the sense of this clause is an obligation the fulfillment of which makes the execution of the contract possible in the first place and on the fulfillment of which the contractual partner may therefore regularly rely.

5.3             The liability according to clause 5.2 is limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

5.4             The liability for damages due to loss of data are limited in the case of clause 5.2 to the amount of the recovery of the data, which would have been incurred even if you had backed up the data regularly and in accordance with the risk.

5.5             The limitations of liability shall apply accordingly in favor of Keen's employees, agents and vicarious agents.

5.6             Any liability of Keen for guarantees given (which must be expressly designated as such) and for claims based on the Product Liability Act shall remain unaffected.

5.7             Any further liability of Keen is excluded.

6                 Term; Termination

6.1             The use of Enshrouded is governed by the terms and conditions of the Platform through which you acquired Enshrouded. In addition, the provisions of this clause 6 shall apply to the extent that they do not conflict with the terms and conditions of the Platform. In the event of such a conflict, the terms and conditions of the Platform shall prevail.

6.2             Keen may terminate the contract with two weeks' notice.

6.3             If the contract between You and the Platform for the provision of Enshrouded ends for any reason whatsoever, this contract between You and Keen shall also end.

6.4             The statutory right to extraordinary termination without notices for cause remains unaffected.

7                 Changes to Enshrouded

7.1             The use of Enshrouded is governed by the terms and conditions of the Platform through which you acquired Enshrouded. In addition, the provisions of this clause 7 shall apply to the extent that they do not conflict with the terms of the Platform. In the event of such a conflict, the terms and conditions of the Platform shall prevail.

7.2             Beyond what is necessary to maintain the contractual compliance of Enshrouded, Keen may modify and adapt Enshrouded and its functional scope if a valid reason requires such modification. Such a reason exists in particular in the case of changes (i) to implement changed legal requirements or jurisdiction, (ii) to implement judicial or official orders, (iii) to implement changed technical requirements such as a new technical environment or other operational reasons, (iv) to adapt to changed market conditions such as, for example, an increased number of users, (v) due to infringement of third party rights, (vi) due to loss of or changes to third party license terms whose licenses are required for the operation of Enshrouded, (vii) due to delivery or provisioning restrictions of Keen's service providers, or  (viii) for your benefit.

7.3             You will not incur any additional charges for any changes to Enshrouded and its functionality pursuant to this Section 7. Keen will provide You with clear and understandable notice of the change.

7.4             If such a change affects your ability to access or use Enshrouded more than insignificantly ("negative change"), Keen will inform you at least six weeks in advance by means of a text message ("change notice"). The Change Notice will include the characteristics and timing of the Negative Change and information about your rights described below.

7.5             In the event of negative changes, you have the right to terminate the contract free of charge with a notice period of 30 days. The period begins with the receipt of the change notification by you. If the change is made after you have received the change notification, the period shall only start to run from the time of the change. The termination of the contract is excluded if the accessibility or usability of the unchanged Enshrouded is maintained without additional costs.

7.6             These Terms of Use apply mutatis mutandis to all modifications and to Enshrouded as modified by such modifications.

7.7             For the avoidance of doubt, the addition, removal and customization of freely available Game Content or Game Features within Enshrouded does not constitute a modification of Enshrouded or its functionality and may be made by Keen at any time without regard to the provisions of this Section 7. However, this does not include the removal or customization of previously purchased in-game items

8                 Changes to the Terms of Use

8.1             Keen may amend and adjust these Terms of Use with effect for the future if there is a valid reason for the amendment and insofar as the amendments are reasonable taking into account the interests of both contracting parties.

8.2             A valid reason exists in particular if the changes are necessary to a not insignificant extent due to a disturbance of the equivalence relationship of the contract which was unforeseeable for Keen at the time of the conclusion of the contract or if they are necessary for the further performance of the contract due to changes in case law or legislation.

8.3             The change of a main service obligation - with the exception of the changes of the functional scope described in clause 7 - is excluded.

8.4             Keen shall notify you of the amended terms and conditions in text form at least six weeks before the planned entry into force and shall separately refer to the new provisions and the date of entry into force. At the same time, Keen will grant you a reasonable period of at least six weeks to declare whether you accept the amended Terms of Use for the further use of Enshrouded and its functions.

8.5             If you do not make a declaration within this period, which shall commence upon receipt of the notice in text form, the amended Terms of Use shall be deemed to have been agreed.

8.6             Keen will separately inform you of this legal consequence, i.e. the right to object, the objection period and the significance of silence, at the beginning of the period.

9                 Final Provisions

9.1             Choice of Law. These Terms of Use shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer and do not have a permanent residence in Germany, this shall apply with the proviso that mandatory provisions of the law of the state in which you have your habitual residence shall continue to apply insofar as they provide otherwise.

9.2             Language. This Agreement may be concluded in German and in English. In case of contradictions in the language versions, the German language version shall prevail.

9.3             Jurisdiction. With respect to (i) users who are not consumers, (ii) consumers who are not domiciled in Germany at the time the contract is concluded or who move their domicile abroad after the contract is concluded, and (iii) consumers whose habitual residence is unknown at the time the action is filed, the place of jurisdiction and performance shall be Frankfurt am Main. Otherwise, the place of jurisdiction shall be determined in accordance with the general rules.

9.4             Transferability. Keen has the right to transfer the rights and obligations resulting from this contract to a third party. In such a case, you have the right to withdraw from the contract.

9.5             Mandatory information on consumer dispute resolution. The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/. Keen is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.