General Terms and Conditions

1.1 The following General Terms and Conditions (GTC) govern the use of the nionoki.com game (hereinafter referred to as the “Game”) and the associated services.

1.2 The Game Provider and the User's contractual partner is Nionoki GmbH, Theaterstr. 4, 4051 Basel, Switzerland (hereinafter referred to as the “Provider”).

1.3 These GTC apply to all players of the Game (hereinafter referred to as “Users”). By registering or using the Services, the User agrees to be bound by these Terms and Conditions.

2.1 Subject of the Agreement and Game Mechanism: nionoki.com is a web application that enables Users to make predictions about football matches as part of a betting game. The Game takes place in what are known as Betting Rounds. A Betting Round consists of a minimum of 5 and a maximum of 11 individual bets. Depending on the number of individual bets in the round, a maximum of 125 Users may participate in each betting round. Each betting round is created by a User, who determines the bets included and the point stake. When a User creates such a Betting Round, they assume the role of the “Creator.” There is always only one Creator per Betting Round. All Users who play in the Betting Round assume the role of “Participant.” The Creator is also a Participant in their own Betting Round.

2.2 Game currency “Points” and stakes: The only currency used within the Game is the virtual game currency, which is known as “Points”. To participate in a Betting Round, the specified number of Points must be contributed.

2.3 Purchasing game credit: If a User does not have a sufficient balance of points, additional points credit can be purchased at the prices shown in each case. These points may be purchased solely for the purpose of further use of the Application and participation in Betting Rounds.

2.4 No gambling or sports betting: The main purpose of the Game is exclusively entertainment and the gaming experience. No cash prizes, non-cash benefits, or non-cash prizes will be awarded. The points used within the Application serve exclusively for the purpose of the game and have no monetary value.

2.5 Game Rules: The detailed rules of the Game, in particular regarding the awarding of points and the procedure for betting rounds, are not covered by these General Terms and Conditions, but are set out in the separate Game Rules. By accepting these Terms and Conditions, the User declares that they have read and accepted the Game Rules.

3.1 In order to use the Game, Users must register for a user account. Registration can be carried out: a) using an email address and a password of the User's choice, or b) by using a third-party account (social login), in particular a Google account, Apple account, or Facebook account.

3.2 If the User chooses to register via a third-party account, the User agrees that the Provider may obtain and process the basic data (e.g., email address) necessary to create and manage the user account from the relevant third-party provider.

3.3 The User warrants that all information they provide during the registration process is true, current, and complete.

3.4 The contract for the use of the Game is concluded upon successful registration by the User and their acceptance of these Terms and Conditions.

3.5 The User is obliged to keep their access data confidential and to protect it from access by third parties.

4.1 Purchasing points: The User may purchase points credit at the prices shown in the Game in each case. Payment is made using the payment methods offered in the Game.

4.2 Nature of the Points: The “Points” purchased represent solely an internal unit for use within the Game. They constitute a virtual game currency and have no monetary value.

4.3 Transfer and exclusion of payout: a) The User may transfer points to other registered Users of the Game. b) The “Points” may never be exchanged for real money, paid out, or monetized in any other way.

5.1 Right of Cancellation: The user has the right to cancel this contract within fourteen days without giving any reason. The period begins from the day the contract is concluded. To exercise this right, an email must be sent to support@nionoki.com, in which the [Playername] must be mandatory specified.

5.2 Refunds for purchased Game Points: A refund for purchased points can only be requested within fourteen days, provided that they have not yet been used. Once the user begins using the points, the right of cancellation for that specific purchase expires prematurely, as the service is considered fully rendered.

5.3 Cancellation of Consent (Data Privacy): Independent of any purchases, the user has the right to cancel their consent for data processing at any time in accordance with GDPR. Please note that such a cancellation results in the immediate closure of the account and the permanent deletion of all profile data; consequently, all accumulated virtual points (which hold no monetary value) will be forfeited without compensation.

6.1 The User is obliged to use the Game exclusively for personal entertainment purposes.

6.2 The technical infrastructure of the Game may not be misused for gambling or sports betting purposes.

6.3 In particular, the following are prohibited: a) Providing false or misleading information during registration or use. b) Establishing systems for the distribution of real money, which is considered the equivalent of the virtual game currency “Points.” c) Organizing groups or communities that systematically place bets for money and use services such as Signal, Telegram, or WhatsApp for this purpose.

7.1 Termination by the User: The User may terminate the contract at any time by deleting their account using the function provided for this purpose in the Application or by sending a written notice of termination to the Provider. Upon termination, the right to use the Application shall cease.

7.2 Suspension/termination by the Provider: The Provider is entitled to suspend or terminate a User's account without notice if there is good cause. Good cause exists, in particular, in the event of a violation of Sections 6.2 and 6.3 (Prohibited Actions) or in the event of serious violations of these Terms and Conditions.

8.1 The Provider does not guarantee the continuous availability of the Application. Maintenance work, technical malfunctions, or other factors may result in the Application being temporarily unavailable.

8.2 The Provider assumes no liability for the management of private betting rounds created within the Game using the “Only visible by invitation” feature. This function can be activated or selected during the process of creating a Betting Round. Creators of private Betting Rounds must ensure that they do not violate any applicable laws.

8.3 In all other respects, the Provider's liability is limited to breaches of material contractual obligations. Liability for the slightly negligent breach of non-essential contractual obligations is excluded.

9.1 The Provider reserves the right to amend or adapt these Terms and Conditions at any time with effect for the future.

9.2 The Provider shall inform the User of the intended changes at least two weeks before the changes take effect, either by email or via a notice in the Application.

9.3 If the User does not lodge an objection to the changes within this period, the amended Terms and Conditions shall be deemed accepted. If the User objects within the specified period, the Provider is entitled to terminate the contractual relationship with the User as of the date on which the amended Terms and Conditions take effect.

10.1 These Terms and Conditions are governed by Swiss law, and the parties submit to the jurisdiction of the Swiss courts.

10.2 Should individual provisions of these Terms and Conditions prove invalid, in full or in part, or become so in the future, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the valid provision that most closely approaches the economic purpose of the invalid provision shall apply.

10.3 The place of jurisdiction for all disputes arising from this contract is the registered office of the Provider.