TERMS OF SERVICE
1 GOVERNING AGREEMENT
1.1 These Terms of Service (the “Terms”) govern the relationship between SOZAP AB (publ), corp.ID.no. 556980-2241,(“Sozap”) and each user (the ”User”) of Sozap’s games and related services, which include Sozap’s applications for mobile devices, websites branded with Sozap-owned trademarks, products and services made available through social networking services, and related products and services (collectively the “Services”).
1.2 By using or accessing the Services, the User acknowledges that he or she has read, understood, and agreed to be bound by the Terms, which incorporate Sozap’s privacy policy (the“Privacy Policy”) by reference. By using or accessing the Services, the User also confirms that it is of the age of legal majority in its country of residence or has parental consent to use the Services. Sozap reserves the right to request proof of age or parental consent at any stage. Sozap may block the Users access to part or all of the Services if Sozap suspects the User is under the applicable age.
1.3 The User is responsible for periodically viewing the Terms.
1.4 Sozap reserves the right to modify the Terms and Privacy Policy at any time by posting the amended terms on or within the Services. The User’s continued use of the Services after a change or update has been made will constitute an agreement to the revised Terms.
1.5 If the User does not accept the Terms, the User’s only remedy is to discontinue the use of the Services and cancel any user account (“Account”) that the User has created while using the Services.
1.6 To the extent these Terms or the Privacy Policy conflict with any other Sozap term, policy, rule, or code of conduct, the provisions of the Terms and the Privacy Policy shall have precedence, in the stated order.
2 LICENSE, USE AND RESTRICTIONS
2.1 Subject to the User’s agreement and continued compliance with the Terms and the Privacy Policy, Sozap grants the User a limited, non-exclusive, non-transferable, and revocable limited right and license to access, use, and create an Account with the Services, and to download, install, and use an application or website within the Services on the User’s personal computer or mobile device, as applicable, solely for non-commercial personal entertainment use. The User agrees not to use the Services for any other purpose.
2.2 The license granted to The User and the User’s use of the Services is subject to certain restrictions. Any use of the Services in violation of the following restrictions is strictly prohibited, can result in the immediate revocation of the User’s limited license granted above, and may subject the User to liability for violations of law.
2.3 The User shall refrain from illegal or abusive use of the Services, including but not limited to:
a) engaging in any act that Sozap deems to be in conflict with the spirit or intent of the Services, including, but not limited to, circumventing or manipulating these Terms, Sozap’s game rules, game mechanics, or policies;
b) using the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation;
c) using cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services or any Sozap game experience;
d) using the Services in order to design or assist in the design of cheats, automation software, bots, hacks, mods, or any other unauthorized third-party software designed to modify or interfere with the Services or any Sozap game experience;
e) modifying or causing to be modified any files that are a part of the Services in a manner unrelated to the normal, expected user experience;
f) disrupting, overburdening, aiding or assisting in the disruption or overburdening of (i) any computer or server used to offer or support the Services; or (ii) the enjoyment of the Services by any other person; and
g) instituting, assisting, or becoming involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Service.
2.4 The User shall only use the Account for recreational and non-commercial purposes including but not limited to that the User:
a) shall not, in whole or in part, (i) modify or create any derivative work of the Services; or (ii) copy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, or structure of any part of the Services;
b) shall not use the User’s Account to advertise, solicit, or transmit any commercial advertisements;
c) shall not transmit unauthorized communications through the Services, including chain letters, junk e-mail, repetitive messages, or any materials that promote malware, spyware, or downloadable items, or market sales or perform sales of products or services;
d) shall not use the Services or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
e) shall not sublicense, rent, lease, sell, trade, gift, or otherwise transfer the User’s Account, Virtual Items (as defined below) or any other data associated with the User’s Account to anyone without Sozap’s written permission; and
f) shall not access or use an Account or related data that have been sublicensed, rented, leased, sold, traded, gifted, or otherwise transferred from the original Account creator without Sozap’s permission.
2.5 The User shall refrain from posting or otherwise making available any offensive or infringing content on or through the Services, including but not limited to that the User:
a) shall not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
b) shall not post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
c) shall not attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including Sozap employees and customer service representatives; and
d) shall not make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.
2.6 The User shall work to prevent unauthorized use of, or connection to, the Services, including but not limited to that the User:
a) shall not attempt to gain unauthorized access to the Services, Accounts registered to others, or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Sozap;
b) shall not interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms;
c) shall not use any unauthorized third-party software that accesses, intercepts, mines, or otherwise collects information from or through the Services or that is in transit from or to the Services, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Services to store information about Sozap game characters, elements, or environment. Sozap may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
d) shall not intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Services, whether through the use of a network analyzer, packet sniffer, or other device;
e) not make any automated use of the system, or take any action that imposes or may impose (in Sozap’s sole discretion) an unreasonable or disproportionately large load on Sozap’s infrastructure;
f) shall not bypass any measures we employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Services, or harvest or manipulate data.
g) shall not use, facilitate, create, or maintain any unauthorized connection to the Services, including without limitation (i) any connection to any unauthorized server that emulates or attempts to emulate any part of the Services; or (ii) any connection using programs, tools, or software not expressly approved by Sozap.
3 ACCOUNT INFORMATION
3.1 When creating or updating an Account on the Services, The User may be required to select a password and provide certain personal information (“Account Information”), such as the User’s e-mail address or payment information. This information will be held and used by Sozap in accordance with the Privacy Policy.
3.2 The User shall not share the Account Information, let anyone else access the User’s Account, or do anything else that might compromise the security of the User’s Account.
3.3 If the User becomes aware of, or reasonably suspects, any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Account Information, the User must immediately notify Sozap and update the Account Information.
3.4 The User is solely responsible for maintaining the confidentiality of the Account Information, and the User will be responsible for all uses of the Account Information, including purchases, whether or not authorized by the User, including any purchases made by minors through the User’s Account.
4 PURCHASES, SUBSCRIPTIONS AND VIRTUAL CURRENCY
4.1 Some Services are only available through third-party app stores such as Apple App Store, Google Play or third-party online stores (“Service Platforms”), which may vary depending on the particular device used by the User to access the Services.
4.2 Purchases done via Service Platforms may be subject to such Service Platforms’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms. The User therefore agrees to read such terms and conditions carefully and accept them.
4.3 Unless otherwise stated, digital content purchased from Sozap or via Service Platforms is delivered via download on the device(s) chosen by the User. The User acknowledges and accepts that in order to download and/or use some Services, the intended device(s) and its respective software(including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards. The User also acknowledges and accept that the ability to download the purchased Services or product maybe limited in time and space.
4.4 Subscriptions may allow the User to access the Services continuously or regularly over time. When subscribing to the Services via a Service Platform, the User acknowledges and accepts that:
a) any payment due shall be charged to the User’s account with the relevant Service Platform;
b) subscriptions are automatically renewed for the same duration unless the User cancels the subscription at least 48 hours before the current period expires;
c) any and all fees or payments due for renewal will be charged within 2hours before the end of the current period;
d) subscriptions can be managed or cancelled in the account settings of the relevant Service Platform or as otherwise provided by Sozap within the Services.
e) The above shall prevail upon any conflicting or diverging provision of these Terms.
4.5 Information related to accepted payment methods may be made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. All payments are independently processed through third-party services.
4.6 If a payment through the available methods fails or is refused by the payment service provider, Sozap shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
4.7 Within the Services, certain payments may be made using a A non-monetary assets such as codes, tokens, digital images etc. (“Virtual Currency). Unless otherwise stated, such Virtual Currency is not tradable, exchangeable or redeemable against any traditional currency, any other open digital currency, goods or any other values. By purchasing Virtual Currency, the User acknowledges and understands that it may only be used within the Services for the purposes expressly authorized by Sozap. The User also acknowledges and agrees that it may not transfer, purchase, sell, or exchange such Virtual Currency outside of the Services unless expressly allowed. Accordingly, the User may not sublicense, trade, sell or attempt to sell Virtual Currency for money, or exchange Virtual Currency for value of any kind outside of the dedicated offering provided by Sozap. In case of contract or account termination for any cause attributable to the User, any and all unused Virtual Currency shall be forfeited and norefund shall be granted.
5 USER CONTENT AND INTERACTIONS
5.1 The User understands and agrees that any content the User creates, modifies, or transmits through the Services may not be distributed, sold, transferred, or licensed without the explicit written permission of Sozap. Any Virtual Items, other data, text, graphics, and their selection and arrangement, uploaded to, or generated within, the Services by a User ("User Content") are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Sozap.
5.2 Sozap hereby is and shall continuously be granted a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable right to fully exploit such User Content (including all related intellectual property rights) in connection with the Services and Sozap’s (and its successors’ and assignees’) business, including without limitation for promoting and redistributing part or all of the Services(and derivative works thereof) in any media formats and through any media channels; however, Sozap will only share the User’s personally identifiable information in accordance with Sozap’s Privacy Policy.
5.3 The User also hereby grants and shall continuously grant to each other user of the Services a non-exclusive license to access the User’s User Content through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under these Terms. Furthermore, the User understands that Sozap retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Content submitted by the User. For clarity, the foregoing license granted to Sozap does not affect the User’s ownership of, or right to grant additional licenses to, the material in the User’s User Content, unless otherwise agreed in writing.
5.4 Text and graphics transmitted by the User are the sole responsibility of the person from whom the User Content originated. Thus, the User is responsible, and Sozap is not responsible for any files the User uploads, posts, or otherwise makes available on or through the Services.
5.5 By using the Services, the User acknowledges and accepts that the User may be exposed to material the User finds offensive or objectionable. The User agrees that Sozap will not under any circumstances be liable for any User Content, including, but not limited to, any loss or damage incurred by use of the User Content.
5.6 Sozap may or may not regulate User Content and does not guarantee the quality, appropriateness, or integrity, of any User Content posted via the Services. Sozap reserves the right to remove and permanently delete any User Content from the Services with or without notice.
5.7 If the User believes that User Content or other material residing on or accessible through the Services infringes a copyright, the User may send a notice of copyright infringement containing the following information to Sozap:
a) authorization to act on behalf of the owner of the copyright that has been allegedly infringed;
b) identification of works or materials being infringed; and
c) identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Sozap is capable of finding and verifying its existence.
5.8 Sozap undertakes to give notice of the infringement claim to the User allegedly committing the infringement but does not take responsibility for any copyright infringements committed by Users on or through the Services.
6 SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE
6.1 The User has the right to terminate or cancel the User’s Account at any time within the Services or by contacting Sozap’s support service at support@sozap.mail.helpshift.com.
6.2 Without limiting any other remedies, Sozap may limit, suspend, terminate, modify, or delete the User’s Account or access to the Services (or any portion thereof) at any time if Sozap has reason to suspect that the User is failing to comply with any of the Terms, with or without prior notice to the User.
6.3 If Sozap terminates the User’s Account, the User may lose its username as well as any benefits, privileges, earned and purchased items, or any other content associated with the User’s Account. In such cases, Sozap is under no obligation to compensate the User for any such losses or results.
6.4 In the event of termination, no online content or credits will be provided to the User or reimbursed, and the User will have no further access to the User’s Account or anything within the Services associated with it (including all in-game virtual currency or in-game items or points). Under no circumstances shall Sozap be responsible for storing any such Account and other information following suspension, termination, modification, or deletion of the User’s Account or access to the Services.
6.5 Sozap reserves the right to stop offering and/or supporting the Services, a particular game, or part of the Services at any time, either permanently or temporarily, at which point the User’s license to use the Services or a part thereof will be automatically terminated or suspended. In such event, Sozap shall not be required to provide refunds, benefits, or other compensation to the User.
7 OWNERSHIP / INTELLECTUAL PROPERTY
7.1 All materials that are part of the Services (including, but not limited to, games, designs, text, graphics, pictures, animations, video, information, computer code, music, sound, and other files, and their selection and arrangement) are copyrighted works owned by Sozap or Sozap’s licensors. Sozap therefore reserves all intellectual property rights and other proprietary rights in connection with the Services.
7.2 The User acknowledges and agrees that the User shall have no ownership or other property interest in the User’s Account, and the User further acknowledges and agrees that all rights in and to the Account are and shall be owned solely and exclusively by Sozap. Sozap reserves the right to remove or reclaim any usernames at any time and for any reason.
7.3 While using the Services, the User may have the opportunity to earn, buy, or purchase virtual currency as well as virtual in-game items (together the “Virtual Items”), for use in the Services.
7.4 The User acknowledges that the User does not acquire any real-world ownership interest whatsoever in any Virtual Items and that no Virtual Items shown in the User’s Account constitute a real-world balance or reflect any stored value, but instead constitute a measurement of the extent of the User’s license.
7.5 The purchase and sale of the limited license referred to in these Terms is a completed transaction upon receipt of the User’s direct payment.
8 DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES
8.1 The User expressly agrees that the use of any part of the Services is solely at the User’s own risk. The Servicesand any third-party services and products are provided on an "as is" and "as available" basis for the User’s use, without warranties of any kind, either express or implied, including, without limitation, any warranty of merchantability, non-infringement, or fitness for a particular purpose. Sozap provides the Services on a commercially reasonable basis and does not guarantee that the User will be able to access or use the Services at times or locations of the User’s choosing or that the Services will be uninterrupted or error-free.
8.2 The User acknowledges and agree that the User’s sole and exclusive remedy for any dispute with Sozap or its licensors is to stop using the Services and to cancel the User’s account. The User acknowledges and agrees that in no event will Sozap, its licensors’, affiliates’, employees’, officers’, or directors' (collectively, “Sozap Affiliates”) be liable for any act or failure to act by them or any other person regarding conduct, communication, or content on the Services. Moreover, in no case shall Sozap’s or Sozap Affiliates liability to the User exceed the amount that the User has paid to Sozap for the Services during the six months immediately prior to the User’s claim of liability.
8.3 In no case shall Sozap or Sozap Affiliates be liable for any indirect, special, incidental, consequential, or punitive damages (including without limitation those resulting from loss of profits, data, goodwill, or other intangible loss) arising from the User’s use of the Services or for any other claim related in any way to the User’s use or Account, whether based on warranty, contract, tort, or any other legal theory and whether or not Sozap or any Sozap Affiliate has been advised of the possibility of such damages.
8.4 Sozap does not endorse, warrant, or guarantee any third-party product or service offered through the Servicesand will not be a party to or in any way be responsible for monitoring any transaction between the User and third-party providers of products or services.
8.5 The User irrevocably waives all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any Sozap product, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agrees to limit the User’s claims to claims for monetary damages.
8.6 With the exception of events where Sozap has acted intentionally or with gross negligence, Sozap shall be exempt from all liability towards the User for damages or loss that are due to circumstances that hinder or significantly impede or delay Sozap’s performance of the Services. Such circumstances include, but are not limited to, war, terrorist attack, authority regulation, authority action or omission, labor market conflict (even where Sozap does not itself participate in the conflict), blockade, fire, restrictions on energy supply, flood or other natural disaster or accident of greater magnitude or other circumstances. Sozap shall without undue delay inform the User in writing of the occurrence or cessation of such circumstances.
9 INDEMNIFICATION
9.1 The User agrees to defend, indemnify, and hold harmless, Sozap and Sozap Affiliates from any and all claims, losses, damages, liabilities, including legal fees and expenses, arising out ofthe User’s use or misuse of the Services, any violation by the User of these Terms, or any breach of the representations, warranties, and covenants made by the User herein.
9.2 Sozap reserves the right to assume the exclusive defense and control, at the User’s expense, of any matter otherwise subject to indemnification by the User, and the User agrees to cooperate with Sozap’s defense of the subject claims. Sozap shall use reasonable efforts to notify the User of any such claim, action, or proceeding upon becoming aware of it. The obligations set forth herein shall survive termination of these Terms.
10 GENERAL PROVISIONS
10.1 These Terms, the Privacy Policy, and any documents expressly incorporated by reference herein contain the entire understanding of the User and Sozap, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy, or precedent, between the User and Sozap with respect to the Services.
10.2 The failure of Sozap to require or enforce strict performance by the User of any provision of these Terms or the Privacy Policy, or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Sozap's right to assert or rely upon any such provision or right in that or any other instance.
10.3 Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Sozap shall be deemed a modification of these Terms nor be legally binding, unless documented inwriting, signed by the User and a duly appointed officer of Sozap.
10.4 Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
For US Users: any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.
For EU Users: should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
11 APPLICABLE LAW AND JUDICIAL FORUM
11.1 These Terms, the User’s use of the Services, the Privacy Policy, and Sozap’s provision of the Services shall be governed by and construed in accordance with the laws of Sweden without regard to conflict- or choice-of-law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded.
12 DISPUTE RESOLUTION
12.1 The User agrees that the processes for dispute resolution described in these Terms will apply to any dispute or claims related to these Terms, the Privacy Policy, or the Services (“Disputes”). The above also applies to Disputes that arose before the User agreed to these Terms.
12.2 Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims. Processes for dispute resolution will apply even if the User stops using the Services or deletes its Account.
12.3 Amicable dispute resolution:
a) While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of the Services, the User is kindly asked to bring any complaint directly to Sozap, who will try to resolve them amicably, using the contact details provided below.
b) Sozap shall endeavor to process the complaint without undue delay and within 15business days of receiving it.
12.4 Arbitration:
a) By agreeing to these Terms, and to the extent permitted by applicable law, the User agrees to resolve Disputes, that cannot be resolved amicably in accordance with the above, through final and binding arbitration. The agreement to arbitrate does however not apply to Disputes regarding (i)Sozap’s intellectual property, such as claims to enforce, protect, or concerning the validity of Sozap’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights, (ii) piracy or tortious interference, (iii) claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration, or (iv) claims that can be settled by small claims court in Sweden. The User may also decline this agreement to arbitrate by contacting Sozap within 30 days of first accepting these Terms and stating that the User declines this arbitration agreement.
b) If the User is a private citizen with country of residence in the United States or Canada, the User agrees that the American Arbitration Association ("AAA") will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought ("AAA Rules"), as available at www.adr.org. Those rules are Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. The User further agrees that, unless and only to the extent prohibited under AAA Rules, the arbitration will be conducted telephonically or via other remote electronic means. The AAA Rules will govern payment of all arbitration fees.
c) If the User is not a private citizen with country of residence in the United States, the User agrees that arbitration shall be administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”) in accordance with the SCC Rules for Expedited Arbitrations, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the SCC Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Nyköping, Sweden, and the language used in the arbitration proceedings shall be English.
d) Regardless of the User’s county of residence or the rules of a given arbitration forum, the User agrees that the arbitration of any Dispute shall proceed on an individual basis, and neither that the User may not bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration.
e) Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.
12.5 Court of law:
a) In the event that the User has opted out of arbitration or that the agreement to arbitrate is otherwise found not to apply the User or a claim made by the User, the User and Sozap agree that any judicial proceeding (other thanas described above) may only be brought in Swedish general court, with the district court of Nyköping as the first instance.
b) Notwithstanding the above, if the User is a private citizen with country of residence in the United Kingdom, Switzerland, the European Economic Area, or a country that would not recognize the arbitration clause or court of law clause above, the User may also assert claims, if they qualify, through the small claims process in the courts of the Users country of residence.
13 CONTACT
13.1 Sozap may be contacted using the following information:
contact@sozap.com, or
SOZAP AB (publ)
Brunnsgatan 3 B
611 32 Nyköping, Sweden
13.2 Sozap shall endeavor to respond to any enquiry by the User without undue delay and within 15 business days of receiving it.
