Last amended on November 16, 2021
251, Little Falls Drive, Wilmington,
New Castle County, Delaware, 19808
Email address: firstname.lastname@example.org
Platforms and Access to Services
2.1. Account. In order to use some of our Services, a User must register by authorizing us to access their data on their public Facebook profile. A User shall keep his profile updated by current, complete, and accurate data. Upon completing all required information and going through all steps of the authorization process as promoted, we will create such User an account for communication with us and use of our Services ("Account"). User shall immediately change registration data within registration in case of data change. Password set for access to the Account (or your Facebook profile) must be a ‘strong’ password, i.e. meeting requirements set out by us and displayed within the registration process. Each User must protect his/her username and password for his/her Account against unauthorized use by any third party (e.g., regularly changing passwords, not using predictable usernames and passwords, not sharing the password with other persons, or granting access to his/her Account and/or to data to other persons). Each User is solely responsible for any activities that occur using his/her Account by himself/herself or any third party. Each User shall notify us in case of any unauthorized use of his/her Account or any other breach of security with respect to such Account.
2.2. Access to Services. We are undertaking any reasonable efforts to maintain our Services accessible at all times. There is, however, no guarantee that our Services or any its contents will always be available uninterrupted. Access to our Services is permitted only temporarily. Our Services or any of its parts may be suspended, withdrawn or discontinued without notice. We will not be liable to any User if, for any reason, our Services are unavailable at any time or for any period. Each User is solely responsible for making all necessary arrangements to allow access to the Services, including payment of any charges imposed by internet services or mobile operator. User is also responsible for ensuring that all persons with access granted to the Services by such User are aware of these Terms and that they comply with them.
Use of Services and Conduct
3.1. Use of particular Services. Certain Services may be subject to additional rules, controls or guidelines. Any such rules, controls or guidelines form part of these Terms and each User shall comply with them when using such Services. We may also withdraw or modify any of the Services provided to the Users without liability in case of (i) technical difficulties; (ii) from the reasons of enhances user experience, or (iii) in case there are legal reasons to do so (such as privacy or other legal objections).
3.2. Multiplayer. In certain modes of games or other Services provided by us, a User will be able to play against an opponent or via a social network. Any opponent selected by us is determined on a random basis. Each User hereby acknowledges and agrees that certain details or data (name and score) may be accessible to other persons who are playing the same multiplayer game. Each User also understands and agrees that his/her name and e-mail address may be available for other persons to search an opponent in multiplayer mode.
3.3. User conduct and content. Each User agrees to comply with all laws and regulations applicable to him/her (especially location-based rules) when accessing our Services. Each User also understands and agrees that any content or communication provided by such User or third person via our Services is the sole responsibility of the particular content/communication originator and not by us. Each User hereby agrees not to transmit, communicate or otherwise make available any contents and/or communication in any other manner via Services which could be held as unlawful in any way whatsoever, including making available any privileged data or information, viruses (or any other code designed to negatively affect the functionality of software or hardware), any information which is or may be held unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable, inciting violence or racial/ethnic hatred, unsolicited business communication or using our Services in a way that is contrary to these Terms or using our Services for any purpose which could be held as contradicting these Terms or rules of any Service provided on the basis hereof.
3.4. Restricted actions. No User shall (without being granted written permission to do so):
copy, display, modify, adapt, translate, download, reproduce, create derivative works from any (part of) Services;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any (part of) software (subject to specifically permitted by applicable laws);
use our Services to harm anyone, create more than one Account to access our Services, or use our Services otherwise in violation of any applicable laws or regulation;
use another person’s data in order to sign up for our Services, or use our Services for other fraudulent or abusive purposes;
not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any virtual currency and/or virtual goods, whether on a free of charge basis or otherwise;
rent, lease, assign, or otherwise transfer rights to (part of) our Services;
remove any proprietary notices or labels being part of any Services;
display our Services in such a way that a reasonable person would make a negative, false or misleading idea about us or our Services;
or use, post, transmit or introduce any device, software, or routine which may interfere with any operations of Services.
3.5. No monitoring. We do not control any content posted on our Services by other persons and therefore do not guarantee the quality, integrity, or accuracy of such content. Under no circumstances we shall be liable for such content. We have a right to remove such content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring our Services into disrepute. We do not actively monitor the content that is contributed by people that use our Services.
Prices and Payments
4.1. Prices and payments. Generally, each User may play our games or use our other Services free of charge. Please note that any additional charges that may be imposed by mobile or another service operator for using our Services. Some of our Services, specially selected or extra scenarios or items, may also be provided for remuneration. Payment processing is processed via a third party as described in the Platforms ("Payment Processor"). The prices are inclusive of taxes; however, the terms of the purchase must be read by a User before making any purchase, as the Payment Processor may impose additional fees or other additional terms. As long as the payment is processed and confirmed by the Payment Processor, we will deliver to the User the purchased Service without any undue delay.
4.2. Payment Instruments. Within registration to Account, each User will be required to select one of the available payment instruments ("Payment Instrument"). Available payment instruments may vary in different countries or territories.
4.3. Changes in pricing. We may change our pricing and payment policy from time to time. These changes are effective upon acceptance of revised payment terms prior to any further use of our paid services.
5.1. General. We hold all intellectual property rights vested in our Services, including any underlying software, its documentation, names, marks, pictures, logos, graphics, texts, meta-tags, or other protected items being part of our Services ("Materials"). For the avoidance of doubts, Materials include also the "look and feel" of any of such items. All Materials are protected by copyright or other intellectual right protection and treaties around the world. All such rights are reserved.
5.2. License. Subject to applicable copyright, other intellectual property laws, each User is being granted with non-exclusive, revocable, non-sublicensable, and non-transferable license to use our Services. The license is granted for the sole purpose of using our Service in line with its designated purpose.
5.3. Notice. No User may copy, distribute or make available to the public or create derivatives from any content belonging to any other User. If any person believes that his/her intellectual property has been infringed by someone else over the internet via our Services, such person may contact us by e-mail to the following address email@example.com with the subject "IP Notice":
Description of intellectual property and explanation of how it was infringed;
Description of where the infringing material is located;
Contact details of the person making the IP Notice; and
A statement that the information is accurate and has a good faith belief that the use is not authorized.
Warranty and Liability
6.1. Liability. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES OR LOST PROFITS, DATA, OPPORTUNITY, OR OTHER INTANGIBLE ASSETS, TO THE EXTENT PERMITTED BY APPLICABLE LAWS. THIS EXCLUSION APPLIES ALSO IN CASES WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE. NOTHING IN THESE TERMS SHALL OPERATE TO LIMIT OR EXCLUDE LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAWS. IN ALL CASES AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS, OUR TOTAL LIABILITY FOR ANY DAMAGE AND LOSS CAUSED IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES FOR OUR SERVICES PAID BY THE USER FOR THE MONTH IN WHICH THE DAMAGE OR LOSS HAVE ARISEN. We are not responsible for (i) losses or harm not caused by our breach of these terms or negligence; or (ii) any increase in loss or damage resulting from breach by a User of any of these terms and conditions; or (iii) technical failures or the lack of availability of Platforms, and/or social media channels where these are not within our reasonable control.
6.2. Warranty. OUR SERVICES ARE PROVIDED ON "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT.
6.3. Indemnity. A User shall reimburse us in full for any loss or damage (s)he will cause by breaching these Terms or caused to us as a result of his/her false representation, notwithstanding whether caused by negligence or otherwise. Such User shall also reimburse us for any interruption of our business caused by acts and omissions in connection with the use of our Services or via the Account. We reserve the right to charge the Payment Instrument of a particular User for any such amounts.
6.4. Force majeure. Neither party is in breach hereof and/or can accept any liability or pay any compensation (other than to refund the money paid for Services not yet rendered), if the respective party is unable to perform obligations due to any adverse event, act, or omission beyond reasonable control, including (but not limited to) natural disasters, acts of terrorism, civil unrest, industrial disputes, or failure of utility services.
7.1. Confidentiality. Neither party will use or disclose the other party’s confidential information without the other’s prior written consent except to perform its obligations or if required by law, regulation, or court order; in which case, the party being compelled to disclose confidential information will give the other party as much notice as is reasonably practicable before disclosing the confidential conformation. For the purposes of these Terms, confidential information shall mean any information or proprietary data disclosed by one party to the other whether orally or in writing that is designated as "confidential" or that should be understood to be confidential given the nature of information and circumstances of disclosure. confidential information shall not include (i) information known to the general public; (ii) information which becomes known to the general public otherwise than by breaching this provision by the receiving party; or (iii) information independently developed by receiving party without the use of confidential information received from the other party. For the avoidance of doubts, our confidential information includes (but is not limited to) source code, methods, and know-how related to our Services and confidential information include data uploaded via the User’s Account.
7.2. Notices. Any and all communication in connection with these Terms shall be made via the User’s Account. Any notice shall be deemed to be delivered to us by submitting it via User’s Account and delivered after signing in to User’s Account (or in case of not signing in within three business days, at the end of the third business day after sending a notice to User’s Account).
7.3. Breach. In case we have learned or have a reasonable belief that a User has breached these Terms or any of his/her representation will show to be faulty and/or misleading, we have the right to immediately suspend or terminate a particular User’s Account at any time and without notice.
7.4. Termination and Assignment. Both Parties may terminate these Terms at any time via delivering a termination notice via a particular User’s Account or via canceling the User’s Account. The user may not assign the agreement or any of the rights or obligations stipulated herein to any third party. We may assign this agreement to any affiliated person or entity.
7.5. Survivability. Rights and obligations arising out of this Agreement cease to exist along with termination hereof, except for Liability, Indemnification, Confidentiality, Eligibility, Severability, and Entire Agreement.
7.6. Severability. If any of the terms of this Agreement turns out to be null, void or unenforceable, other provisions shall remain valid and enforceable. The relevant provisions shall be removed and/or amended by the parties in order to best reflect intentions when entering into hereof. The relevant provisions shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions.
7.7. Entire Agreement. This Agreement supersedes all prior agreements, whether oral or written.
7.9. Reporting on potential breach of law. If any person knows or has a reasonable belief we or any third party using our Services is in breach of law or of any of our Terms, please report us of any such situation at firstname.lastname@example.org
7.10. Waivers. Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right if not executed in writing and signed by us.
7.11. Applicable law. These Terms are to be construed and interpreted in accordance with Czech law. Changes of terms. These Terms may be updated or changed from time to time and shall be fully effective after their publication on via any of the Platforms (which will be declared via the "Changes Effective" date at the top of Terms). In case any person uses our Services after publication of the changes, such person is indicating that (s)he agrees to be bound by the modified Terms.
Last amended on November 16, 2021
Data Controller’s Contact Information:
251, Little Falls Drive, Wilmington,
New Castle County, Delaware, 19808
Email address: email@example.com
Adducate Inc respects your privacy and is dedicated to protecting the privacy of those persons using ("User(s)" or "You") mobile games developed by Adducate Inc and provided on a mobile or other platform ("Services").
If You are under 16, please do not attempt to access or take in use our Services or send any information about yourself to Us. Adducate will not knowingly collect Personal Information from anyone under the age of 16. If You believe that We might have any information from or about a child/minors under the age of 16, please contact us at firstname.lastname@example.org.
"Personal Information" refers to information, which allows the User to be specifically identified as an individual person. We may also collect "non-personal information" meaning it can't be used to specifically identify anyone. Non-personal information may also result from removing the personally identifiable parts from Personal Information. We collect and use both types of information and combinations of both types.
Our Services may contain links (which may take the form of hyperlinks, widgets, clickable logos, images, banners, or advertisements) to and from third parties. If You follow a link to any of these third parties, please note that third parties have their privacy policies and that We do not accept any responsibility or liability for their policies. We strongly recommend that You read their privacy policies and terms and conditions of use to understand how they collect, use, and share personal data. Adducate shall not be responsible for the actions of third parties (including people, companies, or services), the content of third-party websites, the usage of the information provided by Users to such third parties, or any products or services they may offer.
Processing Personal Information
Personal Information may be processed for the purposes of creating using, maintaining, customizing, and developing the Services, enabling communication in the Services, conducting analytics, creating reports, and receiving feedback on the game.
We may also use collected information to create a user profile link or combine it with other information we get from third parties, to help understand your preferences and provide You with better Services.
Personal Information may also be used to provide customer service and other services at your request, to send You information, including confirmations, invoices, technical notices, updates, security alerts, and support messages, as well as communicate with You about promotions and other news about products and services offered by Us.
Adducate commits to adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and the free movement of such data and repealing Directive 95/46/EC ("GDPR") and other applicable laws and regulations about the processing of Personal Information, as well as to process Personal Information in compliance with good processing practices. All personnel processing Personal Information are obliged to keep such information strictly confidential.
Information We May Collect and Sources of Information
When You download or install our application and start using our Services, We commence collecting the following information about You:
Consumption Data (consumption habits relating to Your use of Services),
Usage Data (amount of levels completed and the length of time played, interactions with other players, and other interactions with a game or website),
Location Data (IP address, City, State, Country, Lattitude, Longitude),
Device Data (Device model/name, OS name/version, access times, browser type, time zone, and language),
We may allow You to connect the Service to your social media account(s) such as through Facebook Connect, Google Play Games, Apple Game Center, Sign in with Apple or any other third party service to obtain information about You when You consent to allow your social networking site to make that information available to Adducate and, consequently Adducate may be able to collect certain information from your social networking profile when your social networking site permits to make that information available. In such case, we may collect personal information, such as your user ID, name, surname, e-mail address, and profile picture that are available in your public profile with such third party, and content such as posts, comments, media, and applications. You may be able to control the types of personal data available in the profile of such third-party services by adjusting the privacy settings available therein.
In addition, as an element of the Services, we also use other third-party data analytics service providers, which help Us analyze and improve our Services. The data collected by data analytics service providers enables us to understand the usage of the Services. The Data are stored by such service providers and are subject to their privacy policies. The current list of data analytics service providers We use in connection with the Services is available in Section 3.
We may feature advertising within the Services, and may employ third-party technologies to collect information in the Services. If You wish to "opt-out" of certain targeted advertising, You can visit https://www.youradchoices.com and/or https://www.networkadvertising.org. Please note that the links above may not reach all of our advertising partners and certain targeted advertising may still be displayed to You.
How We Might Share Your Data
We may share your Personal Information with third parties. We disclose your Personal Information only in the ways and to entities that are described herein.
We may share your Personal Information below-mentioned companies which conduct data analytics on our behalf:
Google Ireland Limited, a limited liability company established and existing under the laws of Ireland, with offices at Gordon House, Barrow Street, Dublin 4, Ireland ("Google")
Facebook Inc., registered office at 1 Hacker Way, Menlo Park, California ("Facebook")
For more information about how Facebook processes and protects data please see: https://www.facebook.com/policy.php
We may share your Personal Information with companies that provide us with marketing and attribution services:
Kochava Inc., with its registered office at 201 Church Street, Sandpoint, ID 83864, USA ("KOCHAVA")
For more information about how KOCHAVA processes and protects data please read its terms available at: https://www.kochava.com/support-privacy/
In the case You lose your game account, there is a possibility to regain such an account through Facebook, Google Play Games, and Apple Games Center. Due to this reason, your Personal Data may be shared with these third parties.
We may share your Personal Information with a third-party consultant which provides Us with consulting services in connection with the Service. Before any such consultant is engaged, We enter into a non-disclosure agreement and data processing agreement with the consultant.
In exceptional circumstances, Personal Information may be disclosed to third parties if required under any applicable law or regulation or order by competent authorities, or to enforce the Terms of Service and to investigate possible infringing use of the Services as well as to guarantee the safety of the Services.
Adducate does not use or disclose to third parties any Personal Information or non-personal information of minors for the purposes of advertising. Adducate does its best effort to prevent any unsolicited or inappropriate advertisement through the Services. If you have received any unauthorized or inappropriate advertisement through the Services We request You to contact email@example.com.
Adducate may share your information in connection with any merger, sale of our assets, or financing or acquisition of all or a portion of our business. Aggregate or anonymous information about You may be shared with advertisers, publishers, business partners, and other third parties.
Retaining and Destroying Your Personal Data
We retain information that we collect from you (including your personal data) only for as long as we need it for its intended purposes or other legal, business, or tax purposes (if we have a legal basis to keep it). Your information may be retained in electronic, paper, or a combination of both forms. When your information is no longer needed, we will securely destroy, delete, or erase it.
Protecting the Privacy Rights
Adducate is committed to storing your Personal Information securely. Therefore, We have implemented technical and organizational security measures to safeguard the Personal Information in our custody and control. The aim is to eliminate unauthorized or unlawful processing of your Personal Information or the accidental, unauthorized or unlawful accessing, use, transferring, processing, copying, transmitting, alteration, loss, or damage of your Personal Information.
Your Personal Information contained in registers will be maintained in external service providers' servers with appropriate safeguards, such as password protection, granting the access to the stored information only to persons working at Adducate or Adducate partners who are expressly authorized by Us. The register is protected by appropriate industry standards, technical and organizational safety measures. Although We make good faith efforts to store the information collected on the services in a secure operating environment that is not available to the public, We cannot guarantee the absolute security of that information during its transmission or its storage on our systems. Adducate will post a notice on the Adducate website or through the Services in case of a material security breach that endangers your privacy or Personal Information. We may also temporarily shut down the Service to protect Personal Information.
Adducate may work with third parties who use other tracking technologies to track the effectiveness of the advertisements that may be placed in the Services. They are used for analyzing advertisement view counts, and are not linked to your Personal Information. They might also allow the advertiser to tailor advertising to you when you visit other websites, and/or set, change, alter or modify settings or configurations on your device.
Please note that some parts of the Services may be country specific, and may not work properly if Adducate is unable to tell where You are accessing the Services from.
Protecting Children’s Privacy
You have the right to obtain from us confirmation as to whether or not We process your personal data. If you would like to obtain such confirmation, please contact Us at firstname.lastname@example.org
If We process your personal data, You have the right to get a copy of the personal data we hold about You (for more information about this right please check Art. 15 GDPR available at https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex:32016R0679
If You find out that the data we process about You are inaccurate, You have the right to obtain from Us without undue delay the rectification of inaccurate personal data concerning you. For more information about the right to rectification please check Art. 16 GDPR available at https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex:32016R0679
You have the right to obtain for Us erasure of your Personal Information. This right is not absolute. For more information about right to erasure (right to be forgotten) please check Art. 17 GDPR available at https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex:32016R0679
To exercise Your right under GDPR, please contact Us at email@example.com
251, Little Falls Drive, Wilmington,
New Castle County, Delaware, 19808
Email address: firstname.lastname@example.org
If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.