FLARIE GENERAL SOFTWARE TERMS & CONDITIONS

1. GENERAL

1.1) These General Software Terms & Conditions (the “Software Terms”) are offered by Flarie AB, reg. no 556856-2747 (“Flarie”, “we”, “us” or “our”) and shall apply whenever you access or use any website operated by Flarie, including https://flarie.com, its associated domains, and any related platform software provided by Flarie, (the “Platform”), which for the purpose of these Software Terms includes but is not limited to the Platform itself, related services, associated intellectual properties (whether registered or not), code, tools, software, functionalities, concepts, ideas, and any websites or services technically or commercially connected to the Platform and provided by Flarie (collectively the “Platform Software”).

1.2) In these Software Terms, users of the Platform Software are individually referred to as a “User” or “you”. Flarie and you are collectively herein referred to as the “Parties”.

1.3) In case where you are making use of Flarie’s services as a commercial customer to Flarie (e.g. as a Flarie Partner), your use of our products and services will be subject to a commercial agreement with us (i.e. Flarie’s General Terms of Service for Customers, available at https://flarie.com/general-terms-of-service-for-businesses).

1.4) By using or accessing the Platform Software, you agree to the Software Terms, confirm that you fully understand the meaning of the rights and obligations in these Software Terms and that you will only use the Platform Software for its intended purpose. If you do not agree to these Terms, you may not use our Platform Software.

2. FLARIE PARTNER’S CONTENT AND SERVICES

2.1) Content available on the Platform is either created and published by Flarie or by a third-party associated with Flarie (a “Flarie Partner”). Any content made available by a Flarie Partner on the Platform (“Flarie Partner Content”) may be governed by a separate agreement between you and the relevant Flarie Partner. Such terms and conditions are the sole responsibility of the relevant Flarie Partner and are, if applicable, made available by the Flarie Partner in connection with your access to such Flarie Partner Content. These Software Terms shall, however, in any event apply to the extent that such Flarie Partner Content incorporates, includes, or otherwise makes use of the Platform Software. If such separate terms and conditions of a Flarie Partner are inconsistent with these Software Terms, these Software Terms will control, unless expressly stated otherwise in these Software Terms.

2.2) A Flarie Partner may create and publish certain Flarie Partner Content, such as game(s) (each a “Game”), by using the game and gamification manager tool “Flarie Studio” provided and owned by Flarie. For the avoidance of doubt, Flarie Studio, including any related code, tools, software, functionalities, concepts, ideas, domains, and other intellectual property (whether registered or not), shall constitute “Platform Software” in accordance with these Software Terms.

2.3) The Flarie Partner is the creator and owner of the composition and the content of the Game (excluding any Platform Software), including any intellectual property by the Flarie Partner. In these Software Terms, any references to the “Flarie Partner Content” shall include Game(s), and any intellectual property owned by the Flarie Partner (however, exclude any thereto embedded or incorporated Platform Software).

2.4) The relevant Flarie Partner of a Game is solely responsible to you in relation to any commitments or claims regarding the Game, including but not limited to related challenges, prizes, communication, texts, audio and other information and content therein (as well as any separate products or services by the Flarie Partner, if applicable). Any claims in that regard shall in any event be directed to the relevant Flarie Partner, and not Flarie.

2.5) For the avoidance of doubt, these Software Terms do not govern your use of a Flarie Partner’s products or services, even if made available via or connection with the Platform. Flarie Partner products or services are governed solely by the terms and conditions between you and the relevant Flarie Partner being the owner thereof. We do not make any commitments or claims regarding security, confidentiality or performance of a Flarie Partner, and specifically disclaims any liability regarding a Flarie Partner.

3. THE USE OF THE PLATFORM SOFTWARE

3.1 General

3.1.1) You are solely responsible to ensure that the use of the Platform Software is in accordance with (i) its intended use, (ii) these Software Terms, and (iii) Flarie’s instructions and guidelines as provided on the Platform from time to time.

3.1.2) Flarie reserves the right to at any time, without prior notice, to modify and/or release subsequent versions of the Platform Software. In order to ensure certain functionality, you may be required to use the most recent version of the Platform Software. Updated versions of the Platform Software will be made available on the Platform and may be subject to separate terms of use. You are responsible for using the current version of the Platform Software as well as to comply with such separate terms, if applicable.

3.2 License

3.2.1) When accepting these Software Terms in accordance with Section 1.4, we hereby grant you as a User a limited, non-exclusive, revocable, non-transferrable license to access and make personal use of the Platform Software in accordance with these Software Terms.

3.2.2) Except as expressly granted in these Software Terms, you shall have no other rights to the Platform Software. All right, title and interest in and to the Platform Software are reserved and retained by us or our licensors and will remain the exclusive property of Flarie or such licensors.

3.2.3) Logos, trademarks, icons, identifiers, texts, and other similar content owned by a Flarie Partner or Flarie, and made available in the Game or Platform Software, is such relevant party’s exclusive property. All right, title and interest in and to such content are reserved and retained by the Flarie Partner, Flarie, or their licensors.

3.2.4) Any license that you obtain to Flarie Partner Content is regulated separately in an agreement between you and such Flarie Partner. However, if no such separate agreement between you and the Flarie Partner has been entered into prior to your access to the Flarie Partner Content, the provisions of these Software Terms governing the obligations upon your use Flarie’s Platform Software shall apply mutatis mutandis to such Flarie Partner Content. Accordingly, Flarie shall have a right, but not an obligation to, on behalf of the relevant Flarie Partner, to monitor, investigate, restrict, and take any enforcement action in relation to unauthorized use or breaches as stipulated in these Software Terms, as if such breach had been committed directly against Flarie.

3.3 Specific license restrictions

3.3.1) A User shall not, for example, but not limited to:

• copy, reproduce, duplicate, download (except where expressly permitted for personal use only), modify, or create derivative works of or based on the Platform Software, Flarie Partner Content, or any other content made available thereon (or any portion of it);
• exploit, sell, resell, visit, or otherwise use the Platform Software, Flarie Partner Content, or other content thereon, or any portion thereof, for any commercial purpose;
• do anything which may disrupt, damage, or impair the Platform Software, Flarie Partner Content or other content made available thereon (or any part thereof), or prevent others from using any part of the Platform Software, Flarie Partner Content and other content thereon;
• remove, alter or obscure any copyright, trademark or other proprietary notices from any portion of the Platform Software, Flarie Partner Content or other content thereon;
• decompile, reverse engineer or disassemble the Platform Software, Flarie Partner Content or other content thereon;
• link to, mirror, frame or otherwise enclose any portion of the Platform Software, Flarie Partner Content or other content thereon;
• use any trademark, logo or other proprietary graphic or name belonging to Flarie, its licensors or Flarie Partners, outside the scope of any license granted, including in connection with any product or service that is not provided by Flarie, or in any manner that is likely to cause confusion among other Platform users or Flarie’s customers, or that may disparage or discredit Flarie;
• cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, data mining or otherwise extracting data from any portion of the Platform Software, Flarie Partner Content, or other content thereon, or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform Software, Flarie Parter Content or other content thereon;
• attempt to gain unauthorized access to or impair any aspect of the Platform Software, Flarie Partner Content, or other content thereon, or its related systems or networks; or
• use the Platform Software, Flarie Partner Content, or other content thereon, in conflict with these Software Terms, any applicable law and/or legislation.

3.3.2) The User’s right to use the Platform Software only permits the User to use it in a way that do not conflict with these Software Terms. Flarie may limit or terminate the User’s access to the Platform Software in accordance with Section 12 below.

3.3.3) Furthermore, in case of breach of this Section 3, the User shall be obliged to pay to Flarie a compensation for all direct and indirect losses caused by the User.

3.4 User Account and specific restrictions

3.4.1) In order to access a Game by a Flarie Partner, you may be required to register for a personal user account (“User Account”). Registration of a User Account is free of charge. The User Account is technically made available by Flarie as part of the Platform Software, but the responsibility for its use and administration in relation to the Game rests with the relevant Flarie Partner.

3.4.2) If you are to register for a User Account, you undertake not to disclose your username and password to your User Account to any unauthorized person(s), and you further ensure that any documents containing username or password information to the User Account are stored in such a manner that unauthorized persons cannot access them. You must promptly notify us or the relevant Flarie Partner if you suspect that unauthorized persons have accessed your User Account or credentials. The same applies to cases where you in some way made it possible for unauthorized persons to access usernames and/or passwords, e.g. by loss of memory note or similar. The notification is considered submitted to us or the Flarie Partner when the User has received confirmation of receipt of the notification.

3.4.3) We or the relevant Flarie Partner will not be liable to you for any loss that you may incur as a result of any unauthorized persons using your User Account, either with or without your knowledge. However, you could be held liable for losses incurred by us, Flarie Partner or another party due to someone else using your account or password as a result of your negligence or breach of these Software Terms.

3.4.4) In order to access a Game, you must at least be eighteen (18) years old, have legal capacity and accept these Software Terms. In the event you are a minor (i.e. under eighteen (18) years old or any other relevant age restriction in another jurisdiction where you are a citizen) or otherwise under guardianship, your registration of a User Account is subject to your parent(s) or legal guardian(s) approval thereto. If the conditions in this Section 2.2.4 are not fulfilled, you may not access or play the relevant Game.

3.4.5) The User Account may include communication features, which will allow you to communicate with other Users. Such features may include a possibility to submit, upload, post, publish display or otherwise handle materials such as, but not limited to, text, message, comments, links and other information. You are solely responsible for your use of such features and that such use complies with applicable laws, these Software Terms and any additional terms by the relevant Flarie Partner (if applicable).

3.4.6) By using the User Account or accessing the Game and, for example, submitting materials and content in accordance with Section 2.2.5 and as otherwise made possible in the User Account or in the Game, you hereby warrant that such action will not cause us or the Flarie Partner to infringe the rights of any third party or to be in breach of any applicable laws or regulations. You hereby acknowledge and agree to compensate us, Flarie Partner and our licensors (if applicable) for any losses we suffer as a direct result of any breach by you of any of the warranties made by you according to these Software Terms.

3.4.7) The User represent and warrant that its submitted content and information in (and for the registration of) the User Account and/or in the Game, for example (but not restricted to):

• is accurate, valid, complete, truthful and do not violate any applicable laws or regulations;
• do not contain confidential or proprietary information, intellectual property, trade secrets, or personal data relating to third parties (unless such third party has given its express consent thereto);
• do not contain malicious code, such as viruses, time-bombs, cancel-bots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or link to any website or app which promotes or teaches these actions; or
• is ethically correct, not offensive or defamatory against ethnic groups and/or individuals including, but not limited to, pornographic messages, prostitution, drugs, etc.

3.4.8) Flarie reserve the right to, in its sole discretion, remove all or segments of your submitted content or information and any other related material (if applicable) that is considered to violate these Software Terms, applicable laws or regulations. Flarie shall inform the User in writing in the event rights under this Section 2.2.8 are exercised.

3.4.9) The User is solely responsible for ensuring that the terms in these Software Terms are not violated. Flarie has no obligation to take any action against the User in relation to any submitted material in the User Account or Game that violates these Software Terms.

4. RULES AND CONCEPT

4.1) A Game by a Flarie Partner may contain a challenge for which there may be one or several prizes, provided by the Flarie Partner, that Users may compete for. Such challenges may, in addition to the terms in this Section 4, be subject to specific terms and conditions provided in the Game. Prizes for challenges are distributed by the Flarie Partner to a User in accordance with the specific terms thereto.

4.2) Compete against other Users – The User that gets the highest score in one try in the quickest amount of time in a challenge will, if nothing else is stipulated in the Game, win the Game. If more than one User ends up with the same score and time, the User that got the score first wins.

4.3) Solo Mode – In Solo Mode the User will face one or more challenges. If completing a challenge, the User will get rewarded according to additional terms (if applicable) that are stipulated for that specific challenge in the Game. If the User doesn’t complete any challenge, the User will not receive any reward.

4.4) Users with jailbroken or rooted devices or any other unauthorized applications, software or operating system that for example can manipulate the results in the relevant Game, Game Software or in the specific challenge in the Game, will not be able to win any reward.

4.5) If a Flarie Partner or Flarie suspects that the User is using a jailbroken or rooted device or any other unauthorized applications, software or operating system that for example can manipulate the results, or if the User in any other way is manipulating the results, the Flarie Partner or Flarie (on behalf of the Flarie Partner) reserves the right to issue warnings to the User and to suspend the User from playing or accessing the Game or Platform Software. If the User does not stop manipulating the results, the Flarie Partner or Flarie (on behalf of Flarie Partner) reserves the right to take further actions against the User.

4.6) It is not allowed to have more than one User Account, or to participate more times than what is stipulated in the applicable Game, and any challenges therein. If Flarie Partner or Flarie suspects that the User is using several user accounts or is participating more times than what is allowed, the User may be suspended from playing or consuming the applicable Game or challenge therein.

4.7) Unless regulated otherwise in the Game, winners of a Game or challenge therein will be contacted directly in the User Account. Winners may be asked to provide their address in order to receive the prize either by mail or e-mail. The Flarie Partner is not responsible to provide the prize if the winner (i) does not provide such information, (ii) does not use the prize within any validity periods as stipulated in the Game, or (iii) upon any complications that arise around the prize that is caused by delivery services and not the Flarie Partner.

4.8) The Flarie Partner is fully responsible for the Game, including all text, images, prizes (including the distribution thereof, however subject to Section 4.7 above) linked to a Game and any challenges therein.

4.9) Any taxes associated with winning a prize, if applicable, shall be borne by the winner.

5. INTELLECTUAL PROPERTY

5.1) Flarie owns any and all rights, including intellectual property rights whether registered or not, to the Platform Software, and nothing in these Software Terms shall be interpreted as a transfer of such rights (or part of such rights) to any User. The User shall not during or any time after the expiry of these Software Terms (whether in whole or in respect to support only) in any way question or dispute such ownership by Flarie.

5.2) A Flarie Partner owns any and all rights, including intellectual property rights whether registered or not, to its Flarie Partner Content (excluding Platform Software), and nothing in these Software Terms shall be interpreted as a transfer of such rights (or part of such rights) to any User or other party. The User shall not either directly or indirectly, during or any time after the expiry of these Software Terms (whether in whole or in respect to support only) in any way question or dispute such ownership by a Flarie Partner.

6. PERSONAL DATA PROTECTION

6.1) Flarie collects and processes any personal data in accordance with applicable data protection laws and regulations, including without limitation the General Data Protection Regulation 2016/679 (“GDPR”).

6.2) We process Users’ personal data as a controller to ensure that Users’ use of the Platform Software are in compliance with the terms and conditions of these Software Terms. Such processing includes for example monitoring, investigating, restricting, and taking enforcement actions in relation to unusual, suspicious or unauthorized User behaviour of the Platform Software. For more information about our processing of your personal data as a controller, visit our Privacy Policy available at: https://flarie.com/privacy

6.3) Upon your use of or access to any Flarie Partner Content such as Games via the Platform, the relevant Flarie Partner will process any personal data that you provide in connection thereto as a controller, and such Flarie Partner is responsible for its own data protection practices as a controller, including providing you with the necessary data processing information thereto, in accordance with applicable law and GDPR.

6.4) In such event as stipulated in Section 6.3 above, Flarie will (in addition to the processing pursuant to Section 6.2) process your personal data as a processor to the relevant Flarie Partner being the owner of such Flarie Partner Content that you wish to access or use via the Platform. Such processing by Flarie as a processor to a Flarie Partner also includes monitoring, investigating, restricting, and taking enforcement actions in relation to unusual, suspicious or unauthorized User behaviour, but in this case in relation to the Flarie Partner Content, in accordance with Section 3.2.4 above. Any such processing of your personal data by us as processors will occur subject to a separate data processing agreement between Flarie and the relevant Flarie Partner, in accordance with the GDPR.

6.5) For the avoidance of doubt, we are not responsible for the privacy practices or policies of any Flarie Partner or any other third-party services, applications, websites or services that is linked to or that are distributed via our Platform. You should ensure that you read their privacy policies carefully before using or consuming any Flarie Partner Content, other third party content, applications, websites or services.

7. COOKIES

7.1) You are hereby informed that cookies and similar technology (“Cookies”) are used in the Platform Software (including but not limited to on Flarie’s website https://flarie.com) in order to allow Flarie Partners to optimize the functionality and user experience of the Games by, for example, to enable the relevant Flarie Partner to distinguish different Users and their behaviour in Flarie Studio. The Cookies do not typically contain personal data, but they allow the Platform Software to remember your web browser in order to enable Flarie Partners to adapt the Game to your needs and preferences. The Cookies being used allow the Platform Software to give your web browsers access to various functions and services to improve the general functionality of the Game.

7.2) The chart below shows which Cookies are used in Games (for more information about how Cookies are used in the Platform Software, visit see the cookie policy available at https://flarie.com):

7.3) Furthermore, a Flarie Partner may use additional cookies in a Game (other than as described above herein) and, if applicable, you will be informed thereof by the relevant Flarie Partner in connection with your access to the Game.

8.  SUBCONTRACTORS

Flarie may use subcontractors for the performance of the Platform Software under these Software Terms, and the User hereby accepts such use of subcontractors. Flarie shall however remain responsible for the performance of such subcontractors as for its own. The User may not assign or transfer the obligations under these Platform Terms to a third party.

9. THIRD-PARTY LINKS AND CONTENT

9.1) You acknowledge that we are not responsible for the accuracy of the information or content (including but not limited to Flarie Partner Content) shown, displayed or otherwise made available by a third party, a Flarie Partner, another User or otherwise and that reliance on such material is expressly at your own risk. We accept no liability for direct or consequential loss arising as a result of the accuracy, timeliness, completeness or usefulness of information available on or through the Platform.

9.2) The Platform may contain links to third party websites (including such belonging to Flarie Partners) which are not operated or controlled by us. You acknowledge and agree that we are not responsible for and do not endorse their content or its accuracy and such services may be subject to their own terms and conditions.

9.3) You acknowledge that any arrangement or agreement made between you and a Flarie Partner, other User or any third party on the Platform is at your sole risk and responsibility.

10. Indemnity; disclaimer

10.1) As a User, you are solely responsible to ensure that your use of the Platform Software is in accordance with these Software Terms. You may only use the Platform Software at your own risk. Flarie reserves the right to at its sole discretion suspend or terminate a User’s access to the Platform Software in the event Flarie deems such User to be in breach of these Software Terms.

10.2) You agree to indemnify, defend, hold us, our directors, officers, employees, affiliates, agents, contractors, Flarie Partners and our other licensors (if applicable), harmless from and against all claims, losses, or demands of liability, including but not limited to reasonable attorney’s fees and costs in connection with any claim arising out of your use of the Platform Software and/or your violation of these Software Terms.

10.3) Our intention is that the Platform Software shall be available at all times, and we strive to correct any errors and deficiencies without undue delay. Flarie does not guarantee that the Platform Software (or parts of it) or the access thereto will be provided without interruptions, disturbances, delays or other errors.

11. LIMITATION OF LIABILITY

11.1) The Platform Software are provided “as is” without any warranties of any kind from Flarie, whether expressed or implied, as to the accessibility, quality, suitability, accuracy, etc. of the Service.

11.2) Flarie hereby disclaims, to the extent permitted by law, from liability for any direct and indirect damages suffered by the User or any third-party in connection with the use of or obstruction in the use of the Platform Software regardless of how the damage occurs and whether the damage is caused by negligence or breach of contract on our part.

11.3) Flarie does not monitor or review any available Flarie Partner Content (including Games), or any form of communication or information exchanged between a User and a Flarie Partner through or in the Platform Software (including in the User Account). Hence, under no circumstances shall Flarie be held responsible for or be obligated to take any action in relation to any Flarie Partner Content, Game, challenges, prizes, text, audio, pictures, information or similar in a Game or Flarie Partner Content, or any information or communication by the Flarie Partner in for example a Game, or in or through the Platform Software. Flarie Partner is solely responsible towards the User in relation to the Game, Flarie Partner Content, challenges, prizes (including the distribution thereof), information or communication etc. as set out in with these Software Terms.

11.4) For the avoidance of doubt, Flarie is not responsible for any information, communication, content, composition, terms, privacy or cookie practices or policies, and similar information or procedures of the Flarie Partner or any other third-party services, applications, websites or services that are linked to or distributed using the Platform Software.

11.5) We will not accept any liability for any loss or damage suffered as a result of events beyond our control, which events we reasonably could not have anticipated at the time these Software Terms was entered and whose consequences we could not reasonably have avoided or overcome.

12. TERM AND TERMINATION

12.1) These Software Terms will apply until you cease to use the Platform Software as a User, and the license granted under these Software Terms shall thus automatically terminate when you cease to use it. In the event of your violation these Software Terms and/or any of the restrictions hereunder, the license granted to you hereunder shall immediately terminate.

12.2) For the avoidance of doubt, if Flarie suspects that the User directly or indirectly is using the Platform Software or Flarie Partner Content in a way that conflicts with these Terms, or in a way that Flarie considers as a non-normal use, Flarie reserves the right, in its sole and absolute discretion and without prior warning, to terminate and/or limit your right to access and use the Platform Software and/or Flarie Partner Content (on behalf of such Flarie Partner) hereunder with immediate effect, without liability for any damages in relation to you. However, we reserve all rights of action to seek for compensation and/or injunction.

13. AMENDMENTS; CHANGES TO THE SERVICE

13.1) These Software Terms may be amended by us from time to time. All such changes are effective immediately upon posting of an updated version of these Software Terms on our Platform. Your continued use of and interactions with the Platform Software constitute your acceptance to be bound by these Software Terms, including any updated version thereof.

13.2) The latest version will always be available on the Platform, and we therefore advise you to review the Platform periodically for any changes. A copy of the latest version of these Terms will be sent to you upon your request.

13.3) We may, at our sole discretion and at any time, alter, modify, correct, amend, and make all other changes to the Platform Software, as well as to remove access to or terminate the Platform Software without prior notice or any liability to you.

14. SEVERABILITY

If any part, term or provision of these Software Terms is held to be illegal or unenforceable, the validity of the remainder of the Software Terms will not be affected. Any omission by us to enforce our rights under the Software Terms shall not be regarded as a waiver of such rights.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1) These Software Terms and all issues in connection with them or the use of our Platform Software shall be governed by and construed in accordance with the substantive laws of Sweden, without respect to conflict of law principles.

15.2) Any dispute, controversy or claim arising out of or in connection with these Software Terms, or the breach, termination or invalidity thereof, or regarding our Platform Software, shall be finally settled by the Swedish courts, with the Stockholm district court (Sw. Stockholms tingsrätt) as the court of first instance.