Terms of Service for “Echo of Elements”
Last Updated: August 19, 2025
Operator:
Cosmic Crocodile Entertainment UG (haftungsbeschränkt)
Hohe Straße 12, 70174 Stuttgart, Germany
Email: support@echoofelements.com
Website: https://echoofelements.com
Imprint: https://echoofelements.com/imprint
Privacy Policy: https://echoofelements.com/privacy
By accessing, downloading, installing or otherwise using the mobile application Echo of Elements (the “Game”) or any associated service, website, forum or support channel (collectively, the “Services”), you (“User”, “you” or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree, you must immediately cease all use.
1. Scope, Acceptance & Modifications
1.1 Scope. These Terms govern your use of the Game and all Services, regardless of jurisdiction. They incorporate by reference any additional rules, policies, guidelines and disclaimers as published on our website (e.g., Privacy Policy, Community Guidelines).
1.2 Acceptance. By installing, accessing or using the Game, you expressly accept these Terms in their entirety. No provision of any purchase order, user-generated document or other communication shall modify these Terms.
1.3 Modifications. We reserve the unilateral right to amend, modify or replace these Terms at any time. Major revisions (e.g., new material obligations or rights) will be communicated via in-game notice, email or website banner at least 30 days in advance. Continued use after the effective date of changes constitutes acceptance.
2. Definitions
“Content” means all text, images, audio, audiovisual, software, code, graphics, trademarks, logos or other materials provided in or through the Services.
“Virtual Goods” means in-Game currencies, items, enhancements, skins, loot boxes, subscription packages and other intangible assets purchasable or collectible in the Game.
“Account” means the user profile you create to access the Services, including any data, credentials and settings.
“Third-Party Services” means any external service providers, advertising networks, analytics providers or platform stores (e.g., Apple App Store, Google Play).
3. Eligibility & Parental Consent
3.1 Minimum Age. You must be at least 13 years old to use the Game. If local law requires a higher age, that age shall apply.
3.2 Parental Consent. Users under 18 (or the age of majority in their jurisdiction) must use the Game only with express written consent and supervision of a parent or legal guardian. Parents are fully responsible for monitoring and managing their minor’s use.
3.3 Underage Accounts. If we discover that a User is under the permitted age without proper consent, we will promptly delete the Account and associated data within 14 days of notice.
4. Account Registration, Security & Data Protection
4.1 Registration Options. You may register via Google Sign-In, Apple ID or unique email/password (via Back4App).
4.2 Accuracy & Updates. You represent and warrant that all information provided is accurate, complete and up-to-date. You must promptly update any changes.
4.3 Security. You are solely responsible for maintaining the confidentiality of your credentials. Notify us immediately of any unauthorized use. We are not liable for any loss or damage arising from your failure to safeguard your Account.
4.4 Data Processing. Personal data is collected, processed and stored in compliance with GDPR, CCPA and other applicable privacy laws. For details, see our Privacy Policy.
4.5 Data Retention & Deletion.
You may delete your Account and all associated personal data at any time either by using the in-Game deletion feature or by contacting us at
support@echoofelements.com.
In-Game Deletion: When logged in, tap your profile picture in the Hub (top left), then open the Settings via the gear icon, and navigate to Support → Delete Account.
You must explicitly confirm the deletion by toggling the confirmation option. Once confirmed, your Account and all related data will be immediately and permanently deleted.
This includes all game progress, Virtual Goods, and In-App Purchases. No refunds, credits or restoration are possible after deletion.
Email Requests: If you request deletion via email, we will complete deletion within 14–28 days, subject to applicable legal retention requirements.
5. License Grant & Restrictions
5.1 License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install and use the Game solely for personal, non-commercial purposes.
5.2 Restrictions. You shall not, nor permit any third party to:
• Copy, modify, adapt, merge, translate, decompile, reverse engineer, disassemble or create derivative works of the Game;
• Circumvent or disable any digital rights management, security feature or licensing mechanism;
• Rent, lease, lend, sublicense, distribute or otherwise transfer the Game or your rights;
• Use the Game or Services for any unauthorized commercial purpose.
5.3 Termination of License. We may suspend or terminate your license at any time, without notice, if you breach these Terms.
6. In-App Purchases, Virtual Goods & Billing
6.1 Purchase Mechanics. The Game offers optional in-App Purchases through Third-Party Services. All billing, payment processing, and refund policies of the relevant store apply.
6.2 Virtual Goods License. Purchases confer only a limited, non-exclusive license to use Virtual Goods in-Game. Ownership of Virtual Goods remains with us at all times.
6.3 Finality & Non-Refundability. All sales are final. We do not provide refunds, exchanges or credits for unused Virtual Goods, except where required by law.
6.4 Adjustments & Revocations. We reserve the right to modify, remove or revoke Virtual Goods at our discretion (e.g., fraud prevention, technical issues), without compensation.
6.5 Side-Loaded Copies. Use of unofficial or modified Game versions (e.g., sideloaded APKs/IPAs) may result in immediate Account suspension, without refund.
6.6 Refund Abuse & Fraud.
We reserve the right to investigate and take action against users who abuse refund systems or engage in fraudulent behavior (e.g., repeated purchases followed by chargebacks). This includes permanent suspension of your Account, revocation of Virtual Goods, and reporting to platform providers.
7. Content, User-Generated Material & Community
7.1 User Content. Any content you submit (e.g., forum posts, chat messages) remains yours, but you grant us a worldwide, perpetual, irrevocable, royalty-free license to host, reproduce, modify, publish and distribute such content in any media.
7.2 Prohibited Content. You may not post content that is unlawful, defamatory, obscene, threatening, discriminatory or infringes third-party rights. We reserve the right to remove any content at our sole discretion.
7.3 Reporting & Enforcement. To report violations, contact support@echoofelements.com or use the in-Game reporting tools. We may issue warnings, suspend chat privileges or terminate accounts for misconduct.
8. Acceptable Use & Prohibited Conduct
8.1 General Rules. You agree to use the Game and Services in compliance with all applicable laws and these Terms.
8.2 Prohibited Activities (non-exhaustive):
• Use of bots, hacks, cheats, scripts or any automation;
• Exploiting bugs, glitches or unintended features for advantage;
• Harassment, hate speech, defamation or stalking of other Users;
• Unauthorized access to other Users’ Accounts;
• Selling, trading or gifting Accounts or Virtual Goods outside the Game;
• Posting defamatory, obscene or infringing materials;
• Distributing malware or viruses.
8.3 Enforcement Measures. Violations may result in temporary suspension, permanent ban, or legal action. We shall have no liability for loss of access or data.
9. Updates, Maintenance, Offline Mode & Discontinuation
9.1 Updates & Patches. We may release updates, patches or new versions at any time. Continued compatibility is not guaranteed.
9.2 Maintenance Windows. Scheduled maintenance will be announced in advance via our website or in-Game notices.
9.3 Offline Availability. Certain features may be accessible offline, but full functionality requires network connectivity.
9.4 Discontinuation. We may discontinue the Game or Services at our sole discretion. Upon discontinuation, we shall have no obligation to provide refunds or compensation.
10. Intellectual Property & Trademarks
10.1 Our IP Rights. All intellectual property rights in the Game, Services, Content, trademarks and domain names are owned by us or our licensors.
10.2 Your Obligations. You shall not infringe or challenge our rights. Any unauthorized use may result in legal proceedings.
11. Privacy, Data Protection & COPPA Compliance
11.1 Age Restriction & User Representation.
By registering for or using Echo of Elements or any associated Services, you expressly represent and warrant that you are at least 13 years old (or the minimum age required by your local jurisdiction, if higher). Use by anyone under 13 is strictly prohibited. We rely on your representation; it is your and, where applicable, your parent or guardian’s sole responsibility to ensure compliance.
11.2 No Collection from Under-13s.
This Game is not intended for children under 13. We do not knowingly collect, maintain or process any personal data from users under the age of 13. If we become aware of any personal data belonging to a child under 13, we will promptly delete that data and terminate the Account in question without further notice.
11.3 Compliance with Global Privacy Laws.
We process personal data in full compliance with all applicable privacy laws, including but not limited to COPPA (USA), GDPR-K (EU), CCPA (California) and equivalent statutes worldwide. For details on categories of data collected, processing purposes, retention periods and your rights, please consult our full Privacy Policy.
11.4 Parental Responsibility & Indemnification.
If you falsely represent your age or allow a minor under 13 to access the Game, you—and if you are a parent or guardian, the minor’s parent or guardian—assume full responsibility. You agree to indemnify, defend and hold harmless Cosmic Crocodile Entertainment UG and its affiliates against any claims, damages, losses or expenses (including attorneys’ fees) arising from such misrepresentation or breach of this Section.
11.5 Enforcement & Data Deletion.
We reserve the right to verify any age representation at our discretion. If you cannot substantiate that you are at least 13, we will immediately suspend your Account, permanently delete all associated personal data within 14 days, and deny any future registrations under the same credentials.
12. Export Controls & Economic Sanctions
You agree not to export, re-export, import or use the Game in any U.S. embargoed countries or in violation of any U.S. or EU export control laws.
13. Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, THE GAME AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
14. Limitation of Liability
14.1 Cap on Liability.
To the maximum extent permitted by applicable law, our total aggregate liability for all claims arising out of or relating to the Services (whether in contract, tort – including negligence – strict liability, statute or otherwise) shall not exceed the amount you paid for in-app purchases in the three (3) months immediately preceding the event giving rise to liability. If you made no such payments, our monetary liability shall, to the extent permitted by law, be zero.
14.2 Exclusion of Damages.
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages; nor for loss of profits, revenue, goodwill, data or use; business interruption; cost of substitute goods or services; or any property damage allegedly caused by device performance (including thermal events), even if foreseeable or if we have been advised of the possibility of such damages.
14.3 Device, Thermal and Hardware Disclaimer.
The Services may be resource-intensive. To the maximum extent permitted by law, we disclaim any liability for any damage to or degradation of your device or peripherals resulting from use of the Services, including without limitation overheating, excessive battery drain or swelling, reduced battery lifespan, hardware malfunction, thermal throttling, data corruption, fire, or other physical damage. You are solely responsible for ensuring that your device is in good working order, used in a safe environment with adequate ventilation, and meets any minimum system requirements. We do not warrant compatibility with any particular device, OS version, firmware, carrier network or app store build.
14.4 Personal Injury and Distraction.
To the maximum extent permitted by law, we disclaim liability for accidents, injuries or fatalities occurring while using the Services, including but not limited to incidents arising from distraction, unsafe behavior or use in hazardous contexts (such as while walking, driving or operating machinery). You are solely responsible for using the Services safely and in compliance with traffic, safety and other applicable laws.
14.5 Account Actions, Enforcement and Service Changes.
To the maximum extent permitted by law, we shall not be liable for any losses, damages, refunds or compensation arising out of or relating to: (a) account suspension, limitation or permanent ban; (b) detection of, or actions taken against, cheating, hacking, bots, exploits, refund abuse or fraud (including chargebacks); (c) reset, revocation, modification or deletion of virtual goods, currency, ranks, matchmaking ratings or game progress; (d) matchmaking changes, balancing, patches or economy/world rollbacks; or (e) temporary or permanent discontinuation, sunsetting or withdrawal of the Services, any mode or feature, with or without notice. There is no obligation to provide refunds, credits or substitute benefits in any such cases except where mandated by law.
14.6 Third-Party Services and Networks.
To the extent permitted by law, we are not responsible for the acts or omissions of third parties, including platform stores (e.g., Apple App Store, Google Play), payment processors, cloud or hosting providers, analytics/ad partners, device manufacturers or carrier networks. Outages, delays, throttling, policy changes or removals by such third parties do not give rise to any liability, refund or compensation obligation on our part except where required by law.
14.7 Beneficiaries.
All limitations, exclusions and disclaimers in this Section 14 apply to and benefit us and our affiliates, subsidiaries, officers, directors, employees, contractors, agents, suppliers and licensors to the same extent.
14.8 Non-Excludable Liability; EU/Germany Consumer Notice.
Nothing in these Terms seeks to exclude or limit any liability that cannot be excluded or limited under mandatory law, including liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or liability under mandatory product-liability or consumer-protection laws. For consumers resident in the EU/EEA (including Germany): your statutory rights are not affected. For users resident in Germany, the following applies: in cases of slight negligence, we are liable only for breaches of material contractual duties (Kardinalpflichten), and then limited to typical, foreseeable damage; we are not liable for slightly negligent breaches of non-material duties. The above does not apply in the event of gross negligence (grobe Fahrlässigkeit) or intent (Vorsatz).
14.9 Time Limit to Bring Claims.
To the maximum extent permitted by law, any claim arising out of or relating to the Services must be filed within one (1) year after the claim accrues; otherwise, such claim is permanently barred. This does not affect longer mandatory statutory limitation periods where they apply.
14.10 Allocation of Risk; Essential Purpose.
You and we agree that the limitations and exclusions in this Section 14 are fundamental to the bargain between us, reflect an allocation of risk, and shall apply even if any remedy fails of its essential purpose.
14.11 Severability of Limitations.
If any part of this Section 14 is found invalid or unenforceable, the remaining parts shall remain in full force and effect so as to give maximum effect to the parties’ intent to limit liability to the fullest extent permitted by law.
15. Indemnification
You agree to indemnify, defend and hold harmless Cosmic Crocodile Entertainment UG, its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses, costs or expenses (including reasonable attorneys’ fees) arising from:
• Your breach of these Terms;
• Your violation of any law or rights of a third party;
• Your use of the Game or Services in any manner not expressly authorized by these Terms.
16. Dispute Resolution & Governing Law
16.1 Informal Resolution.
You agree to first contact us at support@echoofelements.com to attempt informal resolution of any dispute.
16.2 Binding Arbitration; Class Action Waiver.
Except where prohibited, any unresolved dispute shall be finally settled by binding arbitration under the rules of the International Chamber of Commerce (ICC). You and we each waive any right to trial by jury or to participate in a class or representative action.
16.3 Governing Law.
These Terms and any dispute shall be governed by the laws of Germany, excluding its conflict-of-law principles, unless stricter mandatory consumer laws apply in your jurisdiction.
16.4 Venue.
If arbitration is unavailable, you agree that the state and federal courts located in Stuttgart, Germany shall have exclusive jurisdiction.
17. Force Majeure
We shall not be liable for delays or failures resulting from causes beyond our reasonable control, including but not limited to acts of God, war, civil unrest, terrorism, strikes, internet failures, natural disasters or government actions.
18. Notices
We may provide notices by email (to your registered address), in-Game messages or by posting on our website. You agree that such notices satisfy any legal requirement for written notice.
19. Severability & Waiver
If any provision of these Terms is held invalid or unenforceable, that provision shall be struck and the remainder shall remain in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
Contact & Support
For questions or concerns regarding these Terms, please contact:
Email: support@echoofelements.com
Website: https://echoofelements.com/support
By installing, accessing or using Echo of Elements, you acknowledge that you have read, understood and agreed to these Terms of Service in full.
We appreciate your trust and look forward to delivering a secure, compliant and engaging gaming experience.