General Terms and Conditions for Heggs
Status: 09/05/2025
1. General Information
1.1 Heggs is an offer of the
The Schittigs GmbH
Am Floßhafen 47, 63739 Aschaffenburg
hereinafter referred to as "Die Schittigs GmbH".
Under the business name "Heggs", Die Schittigs GmbH offers scripts for the integration of hidden object games on the Customers own website for self-design.
1.2 Heggs is expressly and exclusively aimed at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law or special funds under public law. The services are not available for consumers within the meaning of § 13 BGB.
1.3 Any deviating, supplementary or conflicting general terms and conditions introduced by the Customer shall not become part of the contractual relationship; the performance of a service without objection shall not constitute agreement with the inclusion of other general terms and conditions.
2. Performance
2.1 As part of the service, the Customer is given the opportunity to integrate a hidden object game on his website, in which the user has to find certain graphics, e.g. Easter eggs or balls, on the website. Once the user has found all the hidden objects, the Customer can provide for interaction with the user, e.g. start a competition. The functionalities included in the service detailed on the Heggs website.
2.2 In order to conclude a corresponding contract, the Customer must register for a Customer account via the website. The contract for the Customer account is concluded by selecting the [Submit] button on the "Register for free now!" page. A contract for the publication of an individual hidden object game game is concluded after the hidden object game has been created and by selecting the [Pay for basket] button. Until the hidden object game is published, either party may terminate the contract for the Customer account at any time in text form without notice.
2.3 The Customer is provided with a Java script, which he must integrate independently into his website so that the offer can be used.
2.4 In order to participate in the hidden object game, consumers must grant corresponding cookie authorisation, otherwise use is not possible. It is the Customer's responsibility to obtain the necessary consent from consumers. The Customer will be provided with the necessary information to adequately inform consumers regarding data collection.
2.5 The hidden object game has a maximum duration of 4 weeks from the first activation of the hidden object game. Deactivation of the hidden object game does not result in the duration being extended. The script provided to the Customer for the integration of the hidden object game will then be deactivated after the end of the 4 weeks period. The Customer is not entitled to any further use of the respective hidden object game. The Customer may download any sweepstake data/newsletter data collected for a period of 6 months.
2.6 If telephone support is included in one of the service packages, this is only available during our business hours. If no other business hours are specified for the service package, these shall be Monday to Friday from 10 a.m. to 6 p.m., with the exception of public holidays or company holidays, at the registered office of Die Schittigs GmbH.
2.7 If the telephone support is busy or unavailable, every Customer who has booked telephone support has the option of sending a callback request by e-mail. Die Schittigs GmbH will then contact the Customer by telephone within business hours on the next working day at the latest.
2.8 Die Schittigs GmbH endeavours to support the Customer in the implementation of his ideas for the configuration of the Heggs Service within the scope of the functionality and the content specifications according to section 6. However, there is only an obligation to fulfil individual Customer requirements if this has been expressly agreed in text form.
2.9 If telephone support services will not be available due to company holidays or special closures, the Customer will be informed of this by e-mail 2 weeks in advance. This does not apply to unavailability due to force majeure, which will be communicated by Die Schittigs GmbH immediately after becoming aware of it.
2.10 Die Schittigs GmbH compiles anonymized usage statistics on the use of the hidden object game script. This may require the website visitor's consent to the use of cookies. The usage statistics are made available to the Customer free of charge on the Heggs website after logging in with their user account.
3. invoicing and Payment
3.1 The agreed remuneration is due upon activation of the hidden object game on the Customer's website. The Customer will receive an invoice for the amount to be paid by e-mail to the address provided.
3.2 The Customer is obliged to pay the invoiced amount within seven days without deductions to the account specified in the invoice, unless payment has already been made upon conclusion of the contract.
3.3 Offsetting against counterclaims is excluded; this does not apply to undisputed or legally established claims.
4. Labelling and Information Obligations
4.1 The Customer is obliged to offer an imprint and a privacy policy on its website. In addition, the Customer is solely responsible for obtaining consent from visitors to the website in accordance with the GDPR or the TDDDG, among others.
4.2 Die Schittigs GmbH will not provide any drafts for such legal information, nor will Die Schittigs GmbH check the contents. It is the sole responsibility of the Customer to ensure that the information complies with the legal requirements.
4.3 Die Schittigs GmbH is entitled to block a hidden object game immediately if the website does not contain the legally required information or if it is credibly demonstrated to Die Schittigs GmbH that the information is incorrect.
4.4 Die Schittigs GmbH is entitled to disclose the billing address known to it to third parties if they can credibly demonstrate that they are entitled to a legal claim against the Customer due to the publication of the hidden object game and that the data provided in the imprint is incorrect. Die Schittigs GmbH will hear the Customer within a reasonable period of time before such disclosure.
5. Competitions
5.1 The Customer may organize competitions in his own name and at his own expense as part of the hidden object game.
5.2 If a competition is organized, the Customer is obliged to set their own conditions of participation and to ensure compliance with the legal requirements, including but not limited to for data protection, including in the form of a privacy policy for the competition. As part of the conditions of participation, it must be expressly pointed out that Heggs or Die Schittigs GmbH is in no way responsible for the competition or the prizes offered.
5.3 Die Schittigs GmbH does not provide any templates for the documents in accordance with section 5.2. Die Schittigs GmbH expressly reserves the right to immediately switch off all competitions that do not fulfil the requirements of Section 5.2 and to inform the Customer that the hidden object game will not be published again until the requirements are met.
6. Code of Conduct
6.1 Die Schittigs GmbH reserves the right to delete hidden object games on websites that contain racist, sexist, anti-Semitic, pornographic or other discriminatory content and to terminate the contract for good cause.
6.2 Furthermore, the Customer is only permitted to incorporate content into the hidden object game for which it holds any necessary rights of use under copyright, neighbouring rights or personal rights. In the event of an infringement, Die Schittigs GmbH is authorised to delete the hidden object game.
6.3 Before deletion, the Customer will be informed of the alleged offence and the hidden object game will be blocked. If the Customer does not remove the illegal or infringing content or provide evidence of authorization to use it, the hidden object game will be deleted 5 days after a corresponding request. In this case, the Customer is not entitled to a refund of any payments made.
7. Availability
7.1 DieSchittigs GmbH always endeavors to keep the availability of the servers as constant as possible, but does not guarantee any specific availability. Availability depends on a variety of factors over which Die Schittigs GmbH itself has no influence. In certain cases, unannounced maintenance and repair work may be necessary, so that Die Schittigs GmbH cannot guarantee the availability of the servers at a specific time, e.g. due to updates, technical maintenance, Internet connection failures, hardware replacement, in the event of hacking, malware, critical software errors.
7.2 The hidden object game script is optimized for current versions of the following browsers, functionality on other browsers is not guaranteed: Google Chrome, Microsoft Edge, Apple Safari, Opera and Firefox. However, it may also be possible to use it on other browsers, but no technical maintenance or updates are carried out for these.
8 Term, Termination
8.1 The user account contract has no fixed term and may be terminated at any time, unless a contract about the publishing of a hidden object is currently running. The contract for publishing a hidden object game has a fixed term of four weeks from publication of the hidden object game on the Customer's website. A regular termination is possible at any time before publication of the hidden object game. After publication, cancellation is only possible for good cause.
8.2 The Customer can delete or temporarily deactivate the hidden object game script at any time before the end of the term. The deletion of the hidden object game script or the deactivation of the hidden object game before the end of the term of the contract does not entitle the Customer to a refund of the payments made.
8.3 The right to terminate due to cause remains unaffected.
9. Liability
9.1 Die Schittigs GmbH shall be liable to the user without limitation for all damage caused by it and its legal representatives or vicarious agents in the event of intent or gross negligence.
9.2 In the event of slight negligence, Die Schittigs GmbH shall be liable without limitation in the event of injury to life, limb or health.
9.3 Otherwise, Die Schittigs GmbH shall only be liable if Die Schittigs GmbH has culpably breached a cardinal obligation. Cardinal obligations are those obligations that make the proper execution of the contract possible in the first place, the breach of which jeopardises the achievement of the purpose of the contract and on the observance of which the other party may regularly rely.
9.4 In the event of liability in accordance with clause 9.3, liability shall be limited to the foreseeable, typically occurring damage.
9.5 The Customer is liable for the media integrated by him into the hidden object game and the content of his website. In particular with regard to any copyrights, such as the editing right, personal rights of any persons depicted, and any visible brands and logos, the Customer must acquire the necessary rights from third parties and assures Die Schittigs GmbH of the acquisition.
9.6 The guaranteed liability under § 536a BGB is expressly excluded.
10. Changes and Adjustments
10.1 Schittigs GmbH reserves the right to continuously develop the functionalities of the hidden object game and the associated script. Functionalities will only be restricted if this is necessary for legal or technical reasons. Die Schittigs GmbH is authorized to introduce new functionalities that do not restrict the agreed use at any time.
10.2 In the event of the restriction of functionalities in accordance with section 10.1, Die Schittigs GmbH will inform the affected customers of the restriction with a lead time of 4 weeks, but at the latest immediately after becoming aware of the circumstances causing the restriction. In this case, the Customer can decide whether he wishes to continue using the hidden object game with the restriction or whether he wishes to terminate the integration of the hidden object game. In the latter case, the Customer will be refunded the pro rata temporis remuneration for the remaining term. In this case, Die Schittigs GmbH will inform the user of the options and consequences by e-mail.
11. Other
11.1 These General Terms and Conditions are subject to German law to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.
11.2 The exclusive place of jurisdiction for all disputes arising from and in connection with this contract is the competent court at the registered office of Die Schittigs GmbH, insofar as the Customer is a merchant or a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany.
11.3 Should any provision of this contract be or become void, invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions.