Terms of Service

Last updated: Mar 22, 2022

The terms of this agreement ("Terms of Service") govern the relationship between you and Softcen Oy, a Finnish company (business ID 2587908-2), (hereinafter "Softcen" or "Us" or "We") regarding your use of Softcen's applications, websites and relates services. Use of the Service is also governed by Softcen's Privacy Policy, which is incorporated herein by reference.

Before accessing of using the Service, including any Softcen website or accessing a application, you must agree to these Terms of Service, the Softcen Privacy Policy and third party Privacy Policies. By using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed these Terms.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Softcen reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy at any time by posting the amended terms on the Softcen Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Softcen Privacy Policy relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. License

1.1. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Softcen policies, Softcen grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

You shall not access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept fully responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument by minors.
You shall use the Service only for non-commercial purposed; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
You accept full responsibility, assume all risk, and waive and/or release Us from any direct or indirect loss, injury, claim or damage arising from your use of Softcen applications, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using Softcen applications, you attest and verify that you are physically and mentally able to use Softcen applications, and knowingly accept and are fully aware of all risks associated with their use.

License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

Engage in any act that Softcen deems to be in conflict with the spirit or intent of the Service or make improper use of Softcen's support services.
Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods on any unauthorized third-party software designed to modify or interfere with the Service, any Softcen application or any Softcen application experience.
Modify or cause to be modified any files that are a part of the Service or any Softcen application without Softcen's express written consent.
Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing Softcen applications. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service or any Softcen app environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Softcen employees.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Softcen app, or to obtain any information from the Service or any Softcen app using any method not expressly permitted by Softcen.

2. Ownership

2.1. Applications and Service

All rights, title and interest in and to the Service (including without limitation any applications, titles, computer code, themes, objects, characters, character names, stories, dialogue, methods of operation, moral rights, documentation, recordings of apps using a Softcen app client) are owned by Softcen. Softcen reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its application and the Service.

3 Fees and Purchase Terms

3.1. Purchases

In the Service you may purchase, with "real world" money, a limited, personal, not-transferable, non-sublicensable, revocable license to use (a) "virtual currency, including but not limited to virtual cash, gems or diamonds, all for use in Softcen applications; (b) "virtual in-app items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us and not in any other way.

Softcen may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Softcen shall have no liability to you or any third party in the event that Softcen exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Softcen, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

3.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using the Softcen app installed to you device. Softcen may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT SOFTCEN IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS.

4. Updates to the Service

You understand that the Service in an evolving one. Softcen may require that you accept updates to the Service and to Softcen's applications you have installed on your device or computer. You acknowledge and agree that Softcen may update the Service and Softcen applications, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and use Softcen applications.

5. Disclaimer of Warranties

WITHOUT LIMITING SOFTCEN'S LIABILITY UNDER SECTION 6 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURCE OF DEALING OR USAGE OF TRADE, SOFTCEN DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPLICATION OR THE SERVICE ARE FREE OF VIRUSES OF OTHER HARMFUL COMPONENTS;

6. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOFTCEN SHALL NOT BE LIABLE TO YOUR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOFTCEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, SOFTCEN SHALL NOT BE LIABLE TO YOU FOR MORE THAN AMOUNT YOU HAVE PAID TO SOFTCEN IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX(6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO SOFTCEN DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND SOFTCEN'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH SOFTCEN IS TO STOP USING THE SERVICE AND UNINSTALL THE SOFTCEN APPLICATION.

You agree to indemnify, defend and hold Softcen harmless from any claim, demand, damages or other losses, including reasonable attorneys fees, asserted by any third-party resulting from or arising out your use of the Service, or any breach by you of these Terms of Service, however for foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

7. General Provisions

7.1. Assignment

Softcen may assign or delegate these Terms of Service and/or the Softcen Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Softcen's prior written consent, and any unauthorized assignment and delegation by you is ineffective.

7.2. Supplemental Policies

Softcen may publish additional policies related to specific services such ad forums, contests or loyalty programs. You right to use such services is subject to those specific policies and these Terms of Service.

7.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including Softcen Privacy Policy), contain the entire understanding of you and Softcen, 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 you and us with respect to the Service.