Translation for information only. Only the German version is legally binding. Mandatory statutory rights remain unaffected.
1. Provider and scope
The provider of OshiYa is schukai, postal address: Eichenstraße 26, 82290 Landsberied, Germany; email: hey@schukai.com. Full details of the contracting party are available in the legal notice.
These terms apply to the game OshiYa, in particular the Android app with package ID dev.oshiya.game and desktop editions expressly offered. The OshiYa privacy policy applies separately.
2. Conclusion of the contract and minimum age
The agreement to use the game is concluded through the respective store or another distribution channel provided by schukai when OshiYa is obtained there with these terms incorporated. For an in-app purchase, the contract for the full version is concluded only after an express order and confirmation by the store.
OshiYa is offered only to people aged 18 or over. Supplementary terms of the distribution channel apply to the store account, payment, download and management functions provided there. Statutory claims against schukai remain unaffected.
3. Product variants
The Android edition through Google Play initially provides limited access to the game. The full version can be unlocked there through a one-time, non-consumable in-app purchase. The exact content and price are shown in the app and in Google Play before purchase.
Desktop editions may be provided as premium versions purchased with a single payment where offered in the respective store. In this variant, the full version is included from the outset; no additional purchase or restoration function within the game is envisaged. A distribution channel that has not yet been launched or has merely been announced does not create an entitlement to provision.
4. Right of use
schukai grants the user a non-exclusive, non-transferable right to use the OshiYa edition obtained for private gaming on devices permitted by the store rules. The scope depends on the variant actually obtained.
OshiYa may not be rented out, sold, redistributed without permission or used to circumvent purchase, integrity or access controls.
OshiYa and its protected elements may not be copied, incorporated or adapted without authorisation. You may not reverse-engineer, decompile or disassemble the software or otherwise derive its source code unless the activity is permitted by law. Lawful activities, particularly under sections 69d and 69e of the German Copyright Act, remain permitted. Within the statutory limits, these include backup copies, observing, studying or testing the program and achieving interoperability.
You may not incorporate protected program code or protected parts of the documentation, user interface or file specifications without authorisation into replicas, substitutes or imitating products, or into competing or compatible software. This does not impose a general ban on independent development based on unprotected ideas, principles, functionality or formats. Lawful interoperability is not prohibited.
You may access, export, back up, share and reuse your own content and data, including with other programs. This does not promise additional technical export features or change third-party rights in that content. Statutory rights and any broader rights under applicable third-party or open-source licences remain unaffected.
Game names, graphics, text, music, program code and other protected content remain attributable to their respective rights holders.
5. Local game state and changing devices
OshiYa generally stores game state, progress and settings locally. schukai does not operate a player account or its own cloud game state. Depending on the operating system and distribution channel, a device or store service may back up or transfer local files; its settings and terms apply.
The user is responsible for available device backups. schukai cannot restore game state lost through “New game”, deletion of app data, uninstallation, loss of the device or damaged storage. A full-version entitlement purchased through Google Play can be restored through the Google account used, insofar as Google Play continues to report the purchase.
6. Price, payment, withdrawal and refunds
The price, included edition and taxes displayed in the respective store before purchase apply. OshiYa has no subscription. The Android full version and the desktop premium editions offered are one-time purchases.
Purchase scope. A one-time purchase permanently unlocks the content and features described at the time of the respective purchase. Larger new content, features or packages may later be offered as separate, optional one-time purchases. Previously purchased content and features remain unlocked without another purchase and are not subsequently converted into a subscription. Ongoing services are offered separately unless already included in the promised purchase scope.
schukai provides statutorily required bug fixes and security updates without an additional purchase price. Other statutory duties, including updates necessary to maintain conformity with the contract, remain unaffected. schukai envisages adaptations to new versions of the supported operating systems and smaller improvements, without promising a particular development, release or deadline. Whether and when such voluntary updates appear may also depend on approval by the relevant store. This does not relieve schukai of statutory duties or promises already made.
This applies to both new and existing purchases. The services and any broader promises applicable at the original purchase remain binding, including expressly promised future features or updates. This version does not restrict those promises retrospectively or automatically replace existing contractual terms.
Payment, purchase receipts, store account management and any refund procedure offered there are handled through the distribution channel. These terms do not restrict withdrawal, refund or statutory rights in respect of defects.
7. Updates and changes
schukai provides the updates, including security updates, required by law and gives notice of them through the designated distribution channel. No additional fixed support or update period is agreed.
OshiYa may be changed for a valid reason, for example to adapt to operating systems, store requirements, security requirements, mandatory law or third-party components that are no longer available. Statutory information and termination rights remain applicable to digital services provided on an ongoing basis.
8. Statutory rights in respect of defects and liability
Statutory rights in respect of defects apply to digital products. OshiYa is an entertainment game. Its game mechanics, fictional economic values and narrated events do not constitute advice, forecasts or a representation of a real transport undertaking.
schukai has unlimited liability for intent and gross negligence, for injury to life, body or health and under mandatory product liability law. For a slightly negligent breach of a material contractual obligation, liability is limited to foreseeable loss typical of the contract. Mandatory statutory liability remains unaffected.
9. End of the contract
Use may be ended by uninstalling the game. An entitlement once purchased remains associated with the respective store account under that store's rules. Termination does not delete a purchase receipt held by a store. Users must themselves back up or delete local game states on the device or through an available platform method.
10. Law, dispute resolution and new versions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions at the user's habitual residence remain applicable. For consumers, the statutory place of jurisdiction applies.
schukai is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body unless a statutory obligation applies.
This version applies to contracts into which it has been effectively incorporated. A new website version does not automatically replace it. Changes to ongoing contractual relationships are made only through a legally permissible amendment procedure.