Last updated: [12-08-2019]
1.1. These Terms of Service (“Terms”) apply to your download, access and/or use of GONNA!’s Services, whether on a computer, on a mobile device, on our website [www.gonnachallenge.com] (the “Website”) or any other website, device or platform provided or instructed by us (each a “Services” and together the “Services”). These Terms also applies to any other ancillary service we provide such as customer support, social media, community channels and other websites that we may provide from time to time (we refer to all of our Services and services as the “Services” in these terms).
1.2. For residents in the European Union: These terms are a legal binding agreement between you and GONNA! Make an Impact AB, reg. no. 559135-5283, address Vasagatan 16, 111 20, Stockholm (”GONNA!” “we” “us”).
1.3. If you do not agree to these Terms or any future updated version, then you must not access and use any of our Services, and you must stop all access and use. If an update of these terms should require an active choice from you, then you may not be able to continue to use the Services until you have taken action.
1.4. These Terms are made available via the app store or platform that you downloaded our Services from (such as Google Play, Apple App Store on any website or platform where you can access and use our Service and, on our Website, [www.gonnachallenge.com].
1.6. Our Services are available for any person who is at least 13 years of age, free of charge. You agree that you are at least 13 years old and, if you are between 13 years and 18 years old, that your legal guardian has reviewed and agrees to these terms and is ok to let you access and use our Services.
1.7. The latest version of these Terms can be found at www.gonnachallenge.com. Please note that we can make changes to these Terms at any time and, your continued use of our Services after the terms have been updated is your confirmation that you have accepted the updated Terms.
1.8. Apple or Google is not a sponsor of GONNA! in any way, shape or form.
2. Your use of the Service
2.1. Information about the specific Services rules, scoring rules, controls and guidelines for each Services (“Rules”) can be found within the Services itself. Any such Rules form part of these Term and you agree that you shall comply with the Rules in respect of each individual Services which you choose to access and/or participate.
2.2. We grant you a limited, non-exclusive, non-transferable and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and our policies.
2.3. We are currently providing the Services free of charge, but may at any time change the pricing and introduce in-app purchases.
2.4. You are responsible for any data charges, or phone service provider charges that You incur through the use of the Service, including extraction of reports and SMS notification services. If you are unsure of what these charges are, please turn to your mobile operator before you access and use our Services.
2.5. Our Services may not be available from time to time due to technical or maintenance related reasons.
2.6. Our Services do not offer an opportunity to win real money or prizes. Any challenges that we present to you is subject to specific rules, which will be presented to you before you can accept to join a challenge.
3.1. When creating Your user account, You will be asked to submit certain information about Yourself which will be used to provide You with the Service.
3.2. You agree that all registration information that you provide is accurate and up to date. In our sole discretion, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is offensive.
3.3. You take full responsibility if you suffer any loss as a result of an unauthorized person accessing your account and/or using our Services.
3.4. If you have not access your account in [180 days] or more days, we reserve the right to delete the account and all information associated with the account, including any data, progress through the Services, scores, prizes, content, photos, or other Virtual Assets (see section 4), etc., and no refund will be offered to you in relation to the same.
3.5. You acknowledge and agree that you shall not have any ownership in any account that you create using our Services. We may suspend, terminate, modify or delete any of these accounts at any time for any reason, with or without notice to you.
3.6. You acknowledge that your user account and password are individual and private information and agree not to share this information with other people or companies. You are solely responsible to keep your log in details to yourself.
4. Virtual Assets
4.1. Our Services may include virtual items such as scores, prizes, ribbons, trophies [etc.], for use within our Services (“Virtual Assets”). Note that you do not own any Virtual Assets, we grant you a limited personal revocable license to use them in accordance with these Terms.
4.2. You agree that Virtual Assets shall have no monetary value and can never be exchanged for real money, goods or real services from us or anyone else. You agree that Virtual Assets are not transferrable to anyone else and you will never transfer or attempt to transfer any Virtual Assets to anyone else.
5. User Conduct
5.2. You are responsible for, and hereby warrant that:
- Any information you provide is accurate, true and complete and will stay so during your use of our Services.
- You are solely responsible for any information, data, software, sound, photographs, graphics, video, tags, messages, notes, pictures and any other content (“Content”) you upload, publish or display to other users of the Service.
- Any Content that you upload or put into the Service (including any messages to other users of the Service) does not infringe on someone else’s rights or otherwise conflict with the law or the rights of others
- You warrant that you are entitled to upload and disclose the personal data that you may share and record through the use of the Service, and that you have all appropriate consents and the like.
- You have the right to dispose of your external credentials and content, and that you have obtained the requisite consents to the extent required to use the Service and for GONNA! to have the right to provide you with the Service.
- You will not use the Service to upload, post, transmit, share, store or otherwise make available any content that GONNA! deems to be unlawful, harmful, harassing, defamatory, libelous, threatening, infringing, abusive, inflammatory, vulgar, fraudulent, invasive of privacy or publicity rights, incite violence or racial or ethnic hatred, hateful, or racially, ethnically or otherwise objectionable.
- You are not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional material, “junk mail”, “spam”, “chain letter”, “pyramid schemes” or any other form of solicitation.
- You may not disguise, anonymize or hide your IP address or the source of any Content that you may upload.
- You may not copy, modify, distribute, sell or lease any part of the Services. To the extent permitted by law, you may not reverse engineer or attempt to extract the source code of the Services.
- You may only access the Services through the interfaces that we provide, and you may not “harvest”, “scrape” or “collect” any information about or regarding other people that use our Services, included but not limited to any personal data or information in our Website, or Services through automated means (“spyware”, or “pcms”) or “frame” any part of our Website, and Services.
- You may not upload, communicate, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5.3. When you, as a consumer, download the Service, it is only available for your personal and private use. You are not allowed to distribute, market, or in any other way commercially use the Service.
5.4. If you are concerned that someone else is in violation of these Terms, please contact us here email@example.com
5.5. We are constantly improving and tweaking our products. We may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback, comments, or suggestions regarding the Services, you grant GONNA! the right to use such feedback or comments for any purpose without restriction or payment to you.
5.6. When accessing our Services, you may be exposed to Content that you may find offensive or objectionable, under no circumstances will we be held responsible in any way for such Content. We do not control Content posted on our Services by other people.
5.7. We have the right to take down and remove Content that is uploaded if we decide in our sole discretion that it violates any of these Terms or applicable laws.
6. Social Gaming – Playing Services with other users
6.1. You agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media, for any purpose, without limitation in time, without any payment to you, including to other users in our Services or within our marketing. You also agree that other persons may find you by searching for your name and/or email address.
7. Termination of your use of the Service
7.1. You may at any time stop using the Services and without notice to us.
7.2. We have the right to terminate your use of the Services if you breach one or several sections of these Terms, effective immediately.
7.3. We may also, without limiting any other remedies we have, take the following action:
- Delete, suspend and/or modify your account,
- Suspend and/or terminate your account and access to the Services,
- Remove any Virtual Assets that may be associated with your account,
- Reset and/or modify any Services progression or privileges associated with your account.
7.4. You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms.
8. Your personal information and use of aggregated data
8.1. The data controller for all personal data that we collect and use is GONNA! Make an Impact AB, reg. no. 559135-5283, address Vasagatan 16, 111 20, Stockholm.
8.3. Some information, such as data containing information about your behavior when using the Service, is anonymized, Anonymization of data means that we make sure that we in no way can link the information back to you, meaning that this kind of information is no longer personal data.
8.4. We use this anonymous information about how you use our Services for statistics, service improvement, product development and other kinds of research. This data will be completely anonymous and does not constitute personal data. It may therefore be stored a longer time than your personal information.
9. Service is provided as is
9.1. The Service is provided in accordance with legally required standards and the Service will not materially deviate from description at the point of access and/or download. In all other respects, the Service is provided ‘as is’ and “as available” without any additional warranty of any kind and your use of the Service is solely your responsibility. We do not grant any additional warranties, express or implied or otherwise, as to the accessibility, quality, fitness for any particular purpose, suitability or accuracy of the Service. We advise you not to trust the accuracy of the Service and expressly disclaim all liability regarding the functionality of the Service.
9.2. There may be situations when the Service will not be accessible, including but not limited to necessary maintenance and circumstances outside our control, for which we shall never be liable.
9.3. Furthermore, we reserve the right at any time to modify, discontinue, temporarily or permanently cease providing the Service without prior notice at any time on our own discretion, or if required by law or decision by an authority. You agree that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.
9.4. In addition, we make no representation, nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications or integrations (or the content thereof) or any other product or service advertised or offered by a third party on or through the Service, or featured in any banner or other advertising.
9.5. For users residing in the United States: IN ADDITION TO THE AFOREMENTIONED, YOU ACKNOWLEDGE AND AGREE THAT OUR SERVICES, IN ITS ENTIRETY OR IN PART, MAY BE TERMINATED AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ALL AND ANY RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
10. Limitation of Liability
10.1. GONNA! is not liable for any direct nor indirect loss suffered by you, unless Gonna has been found guilty of gross negligence. This limitation of liability includes, but is not limited to, loss of production or sales, loss of profit and cost of capital. GONNA! ´s aggregated maximum liability shall, in any event, be limited to an amount of SEK 1 000.
10.2. Gonna is under no circumstances liable for any loss or damages of any kind that are directly or indirectly related to: (i) the Website and the Service; (ii) use and interpretation of information presented on the Site and Service, (iii) the content of the Site and Service; (iv) your use of, or inability to use or the performance of the Site and Service; (v) matters of payment and the chosen payment method of your purchase; (vi) any loss of information, data or your content; (vii) loss of production or sales, loss of profit and cost of capital or; (viii) any action taken in connection with copyright or other intellectual property owners.
10.3. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, GONNA! ’s liability will be limited to the greatest extent permitted by law.
10.4. You will indemnify and hold GONNA! (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, our policies, or your violation of any law or the rights of a third party.
10.5. Any legal rights you may have as a consumer shall remain unaffected by these terms.
11. Limitation of Liability – for users residing in the United States
11.1 GONNA! SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ACCESS, USE, OR MALFUNCTION OF THE SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE GREATEST EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES. IN NO EVENT SHALL GONNA! OR ITS DIRECTORS, OWNERS, OFFICERS, OR REPRESENTATIVES BE HELD PERSONALLY LIABLE FOR ANY DAMAGES SUFFERED BY YOU. IN NO EVENT SHALL OUR LIABILITY EXCEED SEK 1 000 (SWEDISH KRONA). SINCE SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR EXCLUSIONS OR LIMITATIONS OF DAMAGES, HENCE THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION TO THIS LIMITED WARRANTY, YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISTDICTION.
12. Intellectual Property
12.1. All copyrights, trademarks, and other intellectual property rights in and relating to our Services (other than user Content) is owned or licensed by us. In order for you to use our Services, we grant you a non-exclusive, non-transferrable, personal, revocable limited license to access and/or use our Services (but no related code) for your personal and private use, in accordance with these Terms. Any updates or patches we release shall be deemed part of the Services.
12.2. By submitting Content via our Services, you agree:
- To grant us and any group companies the right to edit, adapt, publish and use your entry and any derivative works we may create, in all media, for any purpose, royalty free and without limitation in time,
- To waive any right to be named as the Content’s creator (the moral rights);
- That we have no obligations to monitor or protect your Content that you submit to us.
13. Third Party Links
14. Changes and updates to these terms
14.1. As we will continue to update and develop our Service, these Terms will also be updated and changed. We reserve the right to modify and update these Terms at any time. Any updates will be announced via our website and in the app. If changes are made to the Service that negatively affect your rights, we will inform you with a proper notice as required by applicable law. When the Terms are updated, the latest update date is shown at the top of the Terms and the changes are described on the Change History page. The Terms will automatically enter into force for all existing users on the date of publication. Your continued use of the Service from that date will be subject to the new Terms.
15. Entire agreement and Severability
15.1. These Terms shall constitute the entire agreement between you and GONNA! with respect to the Service and they replace all earlier agreements between you and us.
15.2. If any provision of these Terms is found to be held invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
16. Assignment and sale of business
17. Governing law, legal disputes and complaints
17.1. These Terms shall be governed by Swedish law, without regard to its conflict of laws. Other claims, including claims regarding consumer protection laws and claims in negligence and tort, will be subject to the laws of the country in which you are resident.
17.2. Please get in touch with us so we can try to resolve matters quickly in good faith by dropping us an email to [insert email address].
17.3. With a view to reaching an out-of-court settlement between our users and GONNA! the user my contact the online platform provided by the EU. The so-called Online Dispute Resolution (“ODR”) is available here http://ec.europa.eu/consumers/odr/
17.4. In case of any legal dispute arising from these Terms, which is not settled through alternative dispute settlement, the Swedish courts shall have exclusive jurisdiction with Stockholm’s district court as the court of first instance, to the extent permitted by applicable law.
17.5. Any additional rights you as a consumer may have will remain unaffected.
18. Contact Information
18.1. If you have any questions about these Terms or our Service you may contact us at firstname.lastname@example.org
[2019-08-12]. Publication of Terms of Service. The Terms will automatically enter into force for all existing users on the date of publication. Your continued use of our services from that date will be subject to the new Terms.