Terms of Use

These terms apply to the online reaction game Scitch – the app for iPhone and Android, the game in the browser and the website scitch.com including Scitch Live. Please take a moment to read them; the short version: play fair, be respectful – and enjoy Scitch.

1. Provider and scope

The provider is Andreas Georg Kucera, Ödenburger Straße 21/5, Tür 15, 1210 Wien, Austria, email andy@dercoder.com ("we"). More details are in the imprint.

These terms apply to everyone who uses Scitch ("you"). Other terms only apply if we expressly agree to them. How we handle your data is explained in the privacy policy.

2. What Scitch offers

• Live matches against other players (Quick Match, Ranked, private lobbies), the level map and the Daily Challenge.
• Scitch Live: your own lobbies for teams, streams and events, where participants can join in the browser without an account.
• A guest account that the app creates automatically, and optionally an account with an email address to use your progress on several devices.

Scitch is an online game and needs an internet connection. We aim for smooth operation but cannot promise uninterrupted availability – for example during maintenance, updates or disruptions beyond our control. We keep developing Scitch and may change game modes, rules, balancing, leaderboards and seasons, as far as this is reasonable for you.

3. Beta test

During the beta, Scitch is a test version: there may be bugs, and features may change or be temporarily missing. At the official launch we may reset game progress such as leaderboards, rank points, map progress and statistics. The "Beta Tester" frame and purchased content are kept. Beta codes are personal, work once and may not be shared or sold.

4. Account, age and username

You must be at least 14 years old to use Scitch; younger players need their parents' consent. You are responsible for your account and do not share your sign-in codes with others.

Your username must not be offensive, discriminatory, sexual, glorify violence or be misleading, and must not use third-party brands or other people's names. We may change inappropriate names. The same applies to game names entered in Scitch Live.

5. Fair play

Scitch is all about your reaction. In particular, the following are not allowed:

• cheats, bots, macros, auto-clickers or other tools that automate or speed up taps;
• modifying the app, the network traffic or game data, and deliberately exploiting bugs;
• multiple accounts to manipulate leaderboards, and arranged matches;
• attacks on our servers, excessive requests and circumventing bans.

Our server checks every tap for plausibility. Suspicious results are always reviewed by a person. In case of violations we may correct results and rank points, issue warnings, or suspend the account temporarily or permanently. If you think we made a mistake, write to us – we will take another look.

6. Scitch Live

Whoever creates a Scitch Live lobby is responsible for its name and the event and makes sure participants follow these rules. Lobbies must not be used for illegal, offensive or advertising content. We may remove such lobbies, names or participations at any time.

7. Purchases and virtual content

In the app you can buy optional virtual content, such as cosmetic items (ball designs, frames) or the Season Pass. This content gives no gameplay advantages.

• Purchases via the stores: in-app purchases are processed by Apple (App Store) or Google (Google Play). Their terms also apply, including for payment and refunds. You see prices in the store before buying, including VAT.
• Right of use: a purchase gives you a personal, non-transferable right to use the content in your Scitch account. Virtual content has no monetary value, cannot be exchanged for real money and cannot be sold or transferred.
• Season Pass: it applies to the season in which you buy it. Rewards you have unlocked are kept afterwards.
• Keep it safe: to keep purchases when switching devices, secure your account with an email address. With a guest account only, content may be lost if you delete the app or change devices.

8. Right of withdrawal

Right of withdrawal: as a consumer, you have the right to withdraw from a contract for digital content within 14 days without giving any reason. The withdrawal period is 14 days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (Andreas Georg Kucera, Ödenburger Straße 21/5, Tür 15, 1210 Wien, Austria, email andy@dercoder.com) of your decision by a clear statement (e.g. by email). You may use the model withdrawal form below, but it is not obligatory. To meet the deadline, it is sufficient to send your notice before the period has expired.

Effects of withdrawal: if you withdraw, we will refund all payments received from you without undue delay and no later than 14 days from the day we received your notice, using the same means of payment you used for the purchase. You will not be charged any fees for the refund. If the purchase was paid via the App Store or Google Play, the refund is made through the respective store.

Early expiry: for digital content not supplied on a physical medium, the right of withdrawal expires as soon as we have begun supplying it (i.e. the content has been unlocked in your account), after you have expressly agreed that we start before the end of the withdrawal period and acknowledged that you thereby lose your right of withdrawal (Section 18(1)(11) of the Austrian Distance and Off-Premises Contracts Act, FAGG). We ask for this consent when you buy.

9. Liability

We are liable without limitation for damage resulting from injury to life, body or health, and for intent and gross negligence. In cases of slight negligence we are only liable for breaches of essential contractual obligations, limited to the typically foreseeable damage. Mandatory consumer rights, in particular statutory warranty, remain unaffected. We cannot be responsible for connection problems beyond our control (such as those of your mobile or internet provider) – please keep this in mind, especially in Ranked matches.

10. Term and termination

The contract of use runs for an indefinite period. You can end it at any time by deleting your account in the app under Profile → Delete account or by writing to us. We can terminate the contract with four weeks' notice, and immediately in the case of serious violations of these terms – such as cheating. If we shut down Scitch entirely, we will inform you in good time.

11. Changes to these terms

We may change these terms if the game, the law or our offering changes. We will inform you of material changes at least four weeks in advance in the app or by email. If you do not agree, you can delete your account before then; if you keep playing afterwards, the new terms apply. We will point out this consequence explicitly in the notice.

12. Final provisions

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules. If you are a consumer habitually resident in another EU country, you keep the protection of the mandatory provisions of the law of your country. Claims against consumers are brought before the court of their place of residence. If any provision is invalid, the remaining provisions remain valid.

If you have questions or complaints, just write to us at andy@dercoder.com – we almost always find a solution. We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

In case of doubt, the German version of these terms prevails.