APPLICATION

Puzzlebox Studios AB, a company incorporated under the laws of Sweden under registration number 559401-8060 and with registered address Ektorpsvägen 1, 131 45 Nacka, Sweden (“Puzzlebox”), develops and provides mobile games and/or services, including but not limited to Fruit Mash, (the “Service(s)”). The Services are accessed as apps via platforms (e.g. Apple App Store) (the “Platform(s)”).

These terms of service (the “ToS”) apply between you, a user of the Services (the “User”), and Puzzlebox. The ToS forms a legally binding contract between the User and Puzzlebox and are applicable from the day the User downloads a Service. The User is prohibited from using the Services without agreeing to the ToS.

USE OF SERVICE

In order to obtain a right to use the Services, the User represents that it:

1. will, when needed, create a User Account (see section 4) to use the Services;
2. owns the device used to utilize the Services;
3. is not located in a country that is subject to an embargo issued by the European Union or subject to any other international embargo or trade restriction;
4. provides information which is true and accurate and that such information will be updated immediately when necessary;
5. will always use the latest version of the Services;
6. has not previously been banned or blocked from using the Services and/or the Platforms;
7. will not copy, sublet, lease, loan, lend, sell, trade or otherwise exploit the Services;
8. will not use the Services for illegal activities;
9. will not use the Services or the User Account to spread any information or material which in its nature is obscene or libelous, e.g. racist or pornographic content, or material which otherwise in Puzzlebox’s opinion is offensive or in any other way may jeopardize the goodwill of Puzzlebox and its trade mark reputation;
10. will not use the Services in a way that would or could infringe on any intellectual property rights owned by Puzzlebox and/or a third party; and
11. either has parental consent to use the Service or is over the age where the User, according to the regulations of the country of residence, can accept these ToS themselves in order to be legally binding. Current age limits are stated in the Privacy Policy (defined in section 11 below).

In order to obtain a right to purchase Virtual Goods and/or Virtual Currency (as defined below), the User represent that it is legally entitled to make such purchases by using the payment function(s) in the Services. What is stipulated in section 2.1 f-j also applies to the use or Virtual Goods and/or Virtual Currency.

GRANT OF LICENSE

When the User downloads the Services and thus agrees to these ToS, Puzzlebox grants the User a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for its entertainment as well as its personal and non-commercial purpose. The granted license does in no way imply that the User acquires any intellectual property rights owned or licensed by Puzzlebox.

The User is prohibited from gaining and/or making unauthorized access to the Services. Unauthorized access to the Services includes but is not limited to unofficial versions of the Services such as pirated versions, modified version etc. If Puzzlebox suspects a User to have gained unauthorized access to the Services, Puzzlebox has a right to immediately revoke the herein granted license and thus suspend the User from the Services. Puzzlebox reserves the right to take legal action in case the User has gained unauthorized access to the Services.

USER ACCOUNT

As stated in section 2.1 a, some Services require the User to create a user account (the “User Account”). The User Account aims to provide a personalized gaming experience where progress, points and purchases are saved.

The login details shall be stored in a safe manner by the User. The User is solely responsible for the login details and any unauthorized use. Puzzlebox is not responsible or liable for any unauthorized use of the User Account and shall be held free from any liability for any and all damages and/or losses arising out of such a use.

The User Account is also used for the Services possible online features, including but not limited to matchmaking and online chat functions. By agreeing to these ToS, the User acknowledges and agrees that the name of the User Account will be made available to other users and that the name of the User Account can be published on leaderboards and/or high score lists.

USER CONTENT

The Services can let the User and/or other users upload or create data, text, photographs or other materials to the Services (the “User Content”). The User is solely responsible for its User Content and Puzzlebox is not responsible nor liable for another users User Content. The User Content is never to be considered as confidential and User Content will not be returned to the User. Puzzlebox reserves the right to remove or permanently delete any User Content from the Services at Puzzlebox’s own discretion.

Any User Content uploaded or created by the User shall be original to the User meaning that the User owns all right, title and interest to such User Content. To the extent permitted by law, the User waives all droit moral the User has to the User Content.

The User grants Puzzlebox a worldwide, irrevocable, perpetual, exclusive, transferable, free of charge and royalty free license to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, perform, transmit, stream, broadcast and otherwise exploit the User Content submitted by the User.

In regard to User Content which can be classified as personal data, e.g. profile picture of a person, the license granted in section 5.3 shall instead be replaced by a non-exclusive, transferable, royalty free, global license to use such User Content in accordance with applicable data protection legislation and in accordance with the Privacy Policy (see section 11). The license stated in this section 5 will cease if the User removes such User Content. Puzzlebox will not use any such User Content in marketing without the prior approval from the User.

VIRTUAL GOODS AND VIRTUAL CURRENCY

Any Virtual Goods and/or Virtual Currency procured by the User is licensed to the User in accordance with the terms below.

The User can purchase Virtual Goods in the Services. Such Virtual Goods means anything virtual used within the Service to enhance the player experience, including but not limited to additional levels, character cosmetics and/or an advertise-free experience (the “Virtual Goods”). Virtual Goods has no real value and cannot be used outside of the Services.

The User can also purchase virtual currency in the Services, such as virtual coins, that can be used in the Services and to purchase Virtual Goods (the “Virtual Currency”). Virtual Currency has no real monetary value and cannot be used as payment for anything outside the Services. Any Virtual Currency shown in the Service and/or the User Account does not constitute a real-world balance.

Virtual Goods and/or Virtual Currency can be earned by the User by participating in various advertisements found in the Services (see further information in section 12).

The Virtual Goods and the Virtual Currency is bound to the User and cannot be transferred to another user. The User is prohibited from trading and/or selling any Virtual Goods and/or Virtual Currency for real money, in exchange for other Virtual Goods and/or Virtual Currency or other items. Any in-game auction functions provided by Puzzlebox in the Service is exempted. Neither the Virtual Goods nor the Virtual Currency are redeemable or refundable provided that applicable national law does not state otherwise.

The Virtual Goods and/or the Virtual Currency will be valid as a means of payment in the Service and/or will have the use described when the Virtual Goods and/or the Virtual Currency were purchased.

Puzzlebox reserves the right to limit the amount of Virtual Goods and/or Virtual Currency the User can purchase during a certain period. Puzzlebox also reserves the right to refuse any request to purchase Virtual Goods and/or Virtual Currency for any reason. The User is only allowed to purchase and use Virtual Goods and/or Virtual Currency if the User resides in a jurisdiction where such activities are permitted under applicable law.

PURCHASE AND PRICE

The price for the Virtual Goods and/or Virtual Currency is indicated within the Services in connection to the purchase. If the User is resident in the European Union, the price includes any applicable value added tax or any similar sales tax. Puzzlebox reserves the right to change the price for the Virtual Goods and/or Virtual Currency at any given time and for any reason.

The User acknowledges and agrees that when a purchase of any Virtual Goods and/or Virtual Currency has been made, the User has no right to withdraw from the purchase. This is due to the nature of the goods.

Accepted payment methods are those which are provided by the Platform provider. It is the Platform provider who handles the User’s purchases of any Virtual Goods and/or Virtual Currency. The User is advised to read through the Platform provider’s own terms and conditions before making a purchase.

Puzzlebox will make reasonable efforts to ensure that no errors or mistakes occur in the Service in relation to pricing and purchasing. Puzzlebox reserves the right to void a purchase a User has made due to an error of pricing which led a User to profit from the error. Any Virtual Goods and/or Virtual Currency acquired by the User due to such a pricing error will be forfeited by the User.

INTELLECTUAL PROPERTY RIGHTS

Puzzlebox holds (or has a license to) all rights, title and interest in and to its respective intellectual property rights, including but not limited to, patents, patent applications, copyrights, design, trademarks, trade secrets, inventions, and any other form of intellectual property in the Services irrespectively if such intellectual property rights are registrable or not.

The User undertakes not to copy, decompile or modify the Services in any way.

DISCLAIMER

The Services, Virtual Goods and/or Virtual Currency provided by Puzzlebox are offered on an “as is” basis to the fullest extent permittable by applicable law. This means that Puzzlebox does not warrant that access to the Services will be uninterrupted, reliable or free from faults and errors nor that the Services will be accurate, complete or reliable.

Puzzlebox will use reasonable efforts to ensure that the Services are well-functioning and available at all times. However, Puzzlebox shall not be held liable if a Service is unavailable. Puzzlebox reserves the right to temporarily or indefinitely and without warning limit and/or restrict access to the Services or parts of the Services in the event of a system failure, maintenance or any other reasons.

The User acknowledges and agrees that the Platform provider has no obligation to provide support or maintenance for the Services. Further, the User acknowledges and agrees that the Platform provider is never responsible for dealing with any claims for damages, any failure to comply with laws or legal requirements or requirements relating to consumer protection or similar legislation.

LIABILITY AND LIMITATIONS OF LIABILITY

Puzzlebox is only liable to the User for any direct loss suffered by the User as a result of Puzzlebox’s breach of its obligations under these ToS, if such was reasonably foreseeable to both parties when the Services was used by the User. In the event of loss or damage to data and/or content, the only available remedy shall be for Puzzlebox to use reasonable efforts to restore lost or damaged data and/or content from the latest back-up kept by Puzzlebox.

Puzzlebox shall, to the fullest extent permittable by law, never be liable, whether in tort, contract or otherwise, whether negligent or not, for any inaccuracies, errors or omissions relating to the Services and/or any information thereof including but not limited to outdated versions of the Services. The same applies to any temporary unavailability to the Services or parts of the Services or any misrepresentations on or relating to the Services.

Puzzlebox shall, to the fullest extent permittable by law, never be liable for direct, indirect or consequential loss or damage incurred by the User or another user in connection to and/or use of the Services. This limitation includes but is not limited to loss of content, technologically harmful material, loss incurred as a result of any legal claim and any other damage or loss of any kind even if foreseeable.

Puzzlebox shall, to the fullest extent permittable by law, never be liable for damage or loss arising out of or in connection to the device used by the User to access and use the Services. Puzzlebox is not liable for any additional costs arising out of or in connection to the use of the Service on a device, such as network charges.

Puzzlebox’s liability to the User is limited to the amount paid by the User for the Services during a 90-day period up to and including the day the User made a claim against Puzzlebox as a result of damage.

The above liability limitations shall never exclude or restricts Puzzlebox’s liability for death or personal injury caused by gross negligence or willful misconduct or for any other liability that cannot be excluded or limited under applicable law.

The User agrees that the disclaimers and limitations of liability stated herein are reasonable taking into account the nature of the Services. Each limitation or disclaimer stated in these ToS shall be construed as a separable, severable provision in the contact between Puzzlebox and the User.

PERSONAL DATA

Puzzlebox’s processing of personal data takes place in accordance with Puzzlebox’s privacy policy in force at any given time (the “Privacy Policy”). The Privacy Policy is available at https://puzzlebox.se/privacy as well as in the Services.

THIRD PARTIES

Puzzlebox allows third parties to advertise in the Services. Puzzlebox generate revenue from such advertisements as well as from the User’s interactions with such advertisements.

The advertisements may contain links which, when clicked upon, takes the User to a website or another application belonging to a third party. Puzzlebox is not responsible for such a link and any content displayed on the website and/or the application is the responsibility of the third party and is not under Puzzlebox’s control. Puzzlebox shall never be held liable for any damages or losses whatsoever arising out of or in connection to such links.

Puzzlebox and the User agrees and acknowledge that a Platform provider, when the Service purchased or acquired through a Platform, and its subsidiaries are third party beneficiaries of these ToS and that such a party may enforce these ToS against the User when permitted by applicable law.

TERMINATION OR SUSPENSION

Puzzlebox has a right to at any time, and for any reason whatsoever, with immediate effect terminate or suspend the User from the Services and/or refuse the User’s request to use the Services. Puzzlebox also has a right to limit the User’s access to the Services or parts of the Services. Puzzlebox has the right, in its own discretion, to suspend a User who violates these ToS.

If a User and/or a User Account is suspended from the Services either by Puzzlebox or by the Platform, the license given in section 6 to the User regarding the Virtual Goods and/or the Virtual Currency will be automatically and immediately revoked.

CHANGE OF TERMS AND OTHER TERMS

Puzzlebox may change the ToS at any time. Puzzlebox will notify the User of such changes by providing a reasonable notice hereof. If the User does not agree to the amendments of the ToS, the User must stop its use of the Services. The User shall be deemed to have accepted any amendments of the ToS if the User continues to use the Services after the amendments have been implemented.

When using the Services and/or when purchasing Virtual Goods and/or Virtual Currency, the provider of the Platform’s terms and conditions apply as well. Any conflict between such terms and these ToS, provided that the conflict relates to the use of the Platform, the terms of the Platform shall prevail.

MISCELLANEOUS

The provisions expressly stated in these ToS are in place of and in lieu of any and all warranties, undertakings and obligations which, in addition to these ToS, would follow or be subject to security agreements, legislation, common law, trade usage or otherwise, all of which are excluded to the fullest extent permitted by law.

Puzzlebox has a right to assign its rights and/or its obligations under these ToS to any third party. This includes a right to sub-license and/or sub-contract its rights and obligations to such a third party.

In the event that any provision of these ToS should become invalid due to e.g. legislation, only the said provision shall be considered invalid while the remaining provisions shall remain in force.

Should these ToS be translated into another language than English, the English version shall always prevail in case of inconsistency.

These ToS constitutes the entire agreement between Puzzlebox and the User in respect to the terms stated herein. The User is not entitled to invoke any other terms or agreements which is not expressly set forth herein.

DISPUTES AND GOVERNING LAW

These ToS shall be governed by the substantive law of Sweden, unless mandatory consumer law in another jurisdiction states otherwise.

Any dispute arising out of or in connection to these ToS shall be settled by the Swedish Courts with Stockholm District Court as the first instance. The User, who shall be a consumer, may have the right to file a claim in the court of its residency. Notwithstanding the foregoing, the User also has a right to contact a national board for consumer complains which finds itself competent in regard to a dispute.

COMPLAINTS

If the User has any questions, complaints, claims or concerns regarding the Services, including but not limited to Virtual Goods and Virtual Currency, please contact Puzzlebox immediately by using the contact details in section 18. The same applies if the User believes that Puzzlebox and/or another user has made an act or omission in breach of applicable law. In the event Puzzlebox decides to act upon the User’s concern, Puzzlebox will inform the User of any outcome of such action within a reasonable time.

The User loses its right to complain about defects in the Services, Virtual Goods and/or Virtual Currency after three (3) years from these having been received by the User.

CONTACT DETAILS

If the User or anyone else would like to contact Puzzlebox in regard to its views on these ToS, please send an email to info@puzzlebox.se or write to Puzzlebox at Ektorpsvägen 1, 131 45 Nacka, Sweden.