Terms and conditions
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Senast uppdaterad: 7 November, 2022
- Welcome to Fig: A Playtient Journey
1.1 These user terms (the “Terms”) apply to you (“You”, “Your”, “Yours”) who use Mindforce Game Lab AB’s (company registration number 559132-9346) (“Mindforce”) mobile game application Fig: A Playtient Journey (the “App”) and its related website (collectively referred to as the “Service”).
1.2 You gain access to the Service by registering a User Account (defined below) with Mindforce followed by downloading and installing the App on Your mobile device. Thereafter, You have the right to use the App and the Service as set out in these Terms.
1.3 Read these Terms thoroughly since they contain important information regarding Your rights and obligations in connection with Your use of the Service.
- The Test Period
Currently, a Test Period applies, during which the Service is tested and evaluated. Your use of the Service is free of charge during the Test Period.
2.1 A test period currently applies to the Service, during which the Service is tested and evaluated by users (the “Test Period“).
2.2 Regardless of what is stated in these Terms, it is free to use the Service during the Test Period. When the Test Period ends, all terms and conditions in regards to price and payments will apply as set forth in these Terms and on our website. For the avoidance of any doubt, the parts of Section 5.1, 5.2, 8.4, 9.1, 11.3 and 11.6 that exclusively concern Your payment for the Service (or the payment from someone paying on Your behalf), do not apply during the Test Period. However, note that Section 11.5 in these Terms still does apply in its entirety.
2.3 Notwithstanding what is set forth in Section 11.1 and 11.4, these Terms apply to You who is testing the Service during the Test Period, as of the time you create a User Account until the date on which your time-limited user license expires (which is specified in more detail as You activate Your User Account), after which the Test Period and these Terms automatically terminate without prior notice. However, Mindforce reserves the right to, at any time, terminate the Test Period in advance, and, Mindforce will notify you in writing 5 days prior to such termination.
- What is the Service?
The Service is intended to improve Your health through games.
The Service is designed as a tool to support Your compliance with Your medication through games, reminders for You to take Your medication, and tracking of Your activities – all aimed at improving Your health results.
- Registering an account
In order to use the Service, You need to get a User Account.
4.1 In order to use the Service, You must register a user account (“User Account”) on Mindforce’s website (https://playtient.mindforcegamelab.com). You must be over 18 years of age to register a User Account. You may not provide any false information with regards to Your identity to register a User Account. The User Account is personal and may not be transferred to anyone else.
4.2 You are responsible for Your User Account as well as the password that You use to sign in to Your User Account. You are also responsible for any use of, and all activities taken through, Your User Account. You shall immediately notify Mindforce in case You know or suspect that someone other than You is using Your User Account.
4.3 Your User Account will remain active until the day (i) You delete Your User Account, (ii) Mindforce prohibits You from using the App and the Service as a consequence of Your breach of these Terms, (iii) the User Account has not been used for a consecutive period of 2 years, or (iv) the App or Service are suspended by Mindforce.
- Price and payment
Information on price and payment.
5.1 The price for using the Service is set out on Mindforce’s website (https://mindforcegamelab.com/). The price is stated in SEK and includes VAT.
5.2 Payment is made in accordance with the instructions stated on Mindforce’s website (https://mindforcegamelab.com/). You are only entitled to use the Service if You (or the person paying on Your behalf) have made full payment in due time. If full payment has not been made in due time, Mindforce has the immediate right to prohibit Your use of the Service, as well as terminating Your User Account.
5.3 Mindforce reserves the right to, at any given time, change its prices for the Service, including terms in regards to price and payments. Mindforce will inform You of any price adjustments 60 days prior to any such price adjustment takes place.
- No medical advice
Mindforce does not provide any medical advice.
For the avoidance of doubt, Mindforce provides games, reminders of medication and tracking of activities aimed at improving Your health results. The Service does not contain any form of medical advice. If You are in any need of medical advice, You must obtain such from someone who provides such.
- Prohibited use of the Service
You may not use the Service in any illegal manner.
You may not use Your User Account, the App, the Service or any Content therein (defined below) in any unlawful manner or in any way that infringes someone’s Intellectual Property Rights (defined below). In addition, You may not:
(a) use the Service if You are under the age of 18, without Your legal guardian’s authorization;
(b) copy, publish, transfer, distribute, sell, license, sub-license or lease the Service (in whole or in part) to anyone else;
(c) use the Service for any commercial purpose, or for any commercial or non-commercial public display;
(d) modify or create derivative products based on the Service, or otherwise use the Service to create a similar or competing product;
(e) use the Service to provide service bureau or time sharing services, or any other web or/and server hosting services, to a third party;
(f) delete, modify, obscure or conceal any copyright, trademark or any other proprietary information contained in the Service;
(g) directly or indirectly decompile, deconstruct, reverse engineer or in any other way attempt to obtain or derive the source code, object code or underlying structure, ideas, knowledge and algorithms in or for the Service, except and only to the extent such activity is expressly permitted by applicable law;
(h) through the Service upload, send, transfer, reproduce or distribute information, computer software or other material protected by Intellectual Property Rights, data protection or privacy rights, without first obtaining authorization from the owner of such rights; or
(i) through the Service upload, send, transfer, reproduce, develop or in any other way process viruses, masks, harmful code of any sort, or other illegal or harmful material.
- Mindforce’s right to restrict Your use of the Service
Mindforce has the right to restrict Your use of and access to the Service if You do not comply with these Terms.
8.1 Mindforce always strive to offer You the best possible availability of the Service, with minimal disruption. If You do not comply with Your obligations under these Terms, Mindforce has the right to immediately restrict (and completely terminate) Your access to the Service.
8.2 If Mindforce’s provision of the Service entails any risk of harm to Mindforce or other users of the Service, or imply any risk of breaching any applicable law, Mindforce has the right to take any measures it deems appropriate and necessary, considering the relevant circumstances (including but not limited to, terminating or cancelling Your or others’ access to the Service, or deleting content from the Service).
8.3 In addition to the above, Mindforce shall at all times have the right to take any measures it deems necessary due to any technical reasons, operational reasons, security reasons or reasons in regards to any maintenance, and, any such measures may potentially restrict Your access to the Service. Mindforce shall always strive to perform such measures as quickly as possible with the least possible disturbance for You.
8.4 If Mindforce in any way restricts Your access to or use of the Service, Mindforce shall always notify You as soon as possible. You or the person paying on Your behalf will not be entitled to any compensation or refund of made payments if Mindforce restricts Your access to or use of the Service, and such restricted access or use shall not be deemed to constitute a defect in the Service.
8.5 In addition to the above, Mindforce has the right to, at any given time, change the content or scope of the Service (for example removing or adding games), as well as temporarily or permanently suspend the Service.
- Intellectual property rights
You will receive a license to use the App, the Service and any Content therein for as long as You have an active User Account. Mindforce may potentially use any User Data generated in or through the App and/or the Service.
9.1 When registering a User Account with Mindforce, You will receive a non-exclusive and non-transferrable right to use the App and the Service, as well as any content in the App and the Service, such as texts, graphics, logotypes, buttons, icons, sound files and software (“Content”), in accordance with the limitations set out in these Terms, for the duration You or the person paying on Your behalf have made full payment for the Service. This right will immediately terminate from the time You no longer have a User Account with Mindforce and/or when You or the person paying on Your behalf has failed to make full payment in due time.
9.2 Mindforce or Mindforce’s licensors own all Intellectual Property Rights and other rights in or to the App, the Service or the Content therein. With the exception of Your right to use the App, the Service or the Content as stipulated by these Terms, You receive no right in or to the App, the Service or the Content therein. Nothing in these Terms shall be interpreted as if any Intellectual Property Rights are or will be transferred to You (in whole or in part). The term “Intellectual Property Rights” means any and all intellectual property rights, including (without limitation) patents, know-how, design rights and product design rights, tool models, trademarks, service marks, copyrights (including rights in software), source codes and other rights in computer software, data and data algorithms, database rights, confidential information, company secrets, applications for the granting of the abovementioned rights and the right to make applications for the registration of such rights, extensions and renewals thereof and all rights of similar characteristics, anywhere in the world, and all rights according to licenses and consent in relation to such rights and other intellectual or industrial rights.
9.3 In connection with Your use of the Service, information, graphics and other data will be generated or in other way emerge, and, You may from time to time provide feedback to Mindforce regarding the Service as well as upload information and material in, to or through the Service (“User Data”). You own Your User Data, but You hereby give Mindforce a non-exclusive, transferrable, perpetual, royalty free and worldwide right to use, copy, disclose, license, distribute and use such User Data in any manner and for any purpose whatsoever (including but not limited to, developing and improving the App and the Service).
- Processing of personal data
Mindforce process Your personal data in accordance with Mindforce’s privacy policy.
For Mindforce to be able to provide the Service to You, it is necessary for Mindforce to collect and process personal data relating to You. Mindforce acts as a controller for the personal data processed under the Service. More information on how Mindforce process such personal data is available in Mindforce’s privacy policy which is available at Privacy policy.
- Term and termination of these Terms
You have the right to at any given time terminate the Service and Your User Account with a 30 days’ notice period.
11.1 These Terms shall enter into force the moment You create a User Account and shall remain in full force and effect until either You or Mindforce terminates these Terms and the Service.
11.2 Both Mindforce and You shall have the right to at any given time terminate these Terms and the Service with a notice period of 30 days.
11.3 Mindforce also has the right to immediately terminate these Terms and the Service if You or the person paying on Your behalf violate these Terms or if You do not make payment in due time.
11.4 You terminate these Terms and the Service by contacting Mindforce via email on support@mindforcegamelab.com. Termination by Mindforce is made through written notice to You in the App and/or Service, or by email.
11.5 Your rights under these Terms will cease upon termination of these Terms and the Service, and then, You may no longer use the App, the Service or any Content therein. However, upon termination of these Terms and the Service, irrespective of reason, the following terms shall remain binding for You and Mindforce: Section 6, 8, 9, 13 and 15.
11.6 Mindforce will reimburse You or the person paying on Your behalf for all prepaid costs covering the time after the Terms and Service have been terminated, if termination is made by You. In case of Mindforce’s termination as a result of Your breach of these Terms or in case of failure to make payment in due time by You or the person paying on Your behalf, You or the person paying on Your behalf will not receive any reimbursement in accordance with the above. The termination of these Terms and the Service will to no extent relieve You or the person paying on Your behalf from any obligation to pay Mindforce for any costs relating to the period prior to termination.
- Notifications and contact information
Notifications and communication to You will be sent through the App and/or the Service, or by e-mail.
12.1 Mindforce will send notifications and communications to You through the App and/or the Service, or by e-mail. It is Your obligation to use the Service in order to take part of Mindforce’s notifications.
12.2 In case any changes to Your contact details occur (such as Your name, address, e-mail and phone number), You must notify Mindforce of such change without undue delay.
12.3 Notifications sent by Mindforce to You shall be deemed to have been duly received after 7 days if sent by e-mail. Notifications sent by Mindforce through the App and/or the Service shall be deemed to have been duly received by You immediately after it was sent by Mindforce.
- Changes to these Terms
These Terms may be updated in the future.
Mindforce reserves the right to at any given time change or make additions to these Terms. Any material changes made by Mindforce to these Terms shall enter into force as soon as You have received a notification regarding such changes, and You have accepted these changes. If You do not wish to become subject to and legally bound by any such new Terms, You no longer have the right to use the App and the Service. You must then stop using the App and the Service. If You continue to use the App or the Service after the new Terms have come into effect, You thereby consent to be subject to and legally bound by the new Terms.
- Liability
You use the Service at Your own risk.
14.1 The Service is provided “as is” and “as available”, and You understand that the Service is limited to the features and properties that exist at the time You use the Service. Mindforce provides no warranties (whether expressed or implied) of any kind or other commitments, with regards to any suitability, quality, availability, reliability, effectiveness or infringement of third party’s intellectual property rights, in relation to the Service. You use the Service at Your own risk.
14.2 You are fully responsible for having the equipment and software needed (and required) for Your use of the Service. Mindforce is never responsible for any internet fees or other fees with regards to data traffic, that may apply when using the Service.
14.3 You are solely liable for all User Data, and You shall indemnify and hold Mindforce harmless from and against any damages, losses and expenses that arise due to Your breach of these Terms.
14.4 To the extent permissible under applicable law, Mindforce (including Mindforce’s subsidiaries, partners, licensors, suppliers, service suppliers and employees) is to no extent liable for any (direct or indirect) damage, loss or claim that arise in connection with Your use of the App, the Service, the Content therein or Your User Account, or otherwise in connection with these Terms. This applies irrespective of how the harm or loss has occurred (including harm or loss due to negligence).
14.5 If Mindforce’s performance of any obligations under these Terms is materially impeded or prevented as a consequence of any circumstance beyond Mindforce’s reasonable control, that Mindforce could not reasonably have been expected to have taken into account or to have avoided or overcome the effects of, this shall be deemed as grounds of discharge that will entail a release from liability in damages and any other penalties.
- Miscellaneous
Mindforce has the right to ask for help from other suppliers in order to provide the Service to You.
15.1 Mindforce has the right to, at any given time, engage subcontractors for the performance of Mindforce’s obligations under these Terms. Mindforce also has the right to at any given time (in whole or in part) transfer its rights or obligations under the Terms to a third party, without Your prior consent. Mindforce will notify You if such transfer takes place.
15.2 If any provision of these Terms is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.
- Applicable law and dispute resolution
These Terms shall be governed by the laws of Sweden. In case You have a problem or complaint regarding the Service, You are welcome to contact Mindforce, or request an alternative dispute resolution through the EU’s ODR platform.
16.1 These Terms (including this section) shall be governed by and construed in accordance with the laws of Sweden, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction.
16.2 In case You have any questions, comments, requests, complaints or problems relating to the Service, the App or these Terms, You are welcome to contact Mindforce via info@Mindforcegamlelab.com, or at Mindforce Game Lab AB, Laboratorgränd 7, 931 62 Skellefteå.
16.3 In case You have any complaints or problems with the Service and are unable to resolve the complaint or problem (or the dispute concerning the problem) with Mindforce, You may send Your complaint to the EU’s platform for online dispute resolution (the ODR platform). The ODR platform offers consumers and traders within the EU an opportunity to attempt to solve disputes concerning complaints regarding products, purchased online, without involving a court. By using the ODR platform, You as a consumer are able to find a body or forum for Your complaints. You can find the ODR platform here: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.