TERMS OF SERVICE

Fingersoft

TERMS OF SERVICE (End User License Agreement)

November 11, 2024

Welcome to use the services of Fingersoft Oy (“Fingersoft” or “We”). These Terms of Service (“Terms”) apply to the use of all services provided by Fingersoft, including games developed and/or published by Fingersoft, Fingersoft’s and aforementioned games’ webpages and other services, such as applications or any social functions of the aforementioned services or any other services Fingersoft has attached these Terms to (“Services”). These Terms govern the relationship between you and Fingersoft regarding your use of the Services. By downloading, installing, accessing or using any part of the Services you agree to these Terms and agree to be bound by them. Use of the Services is also governed by Fingersoft’s Privacy Policy and other relevant policies, which are incorporated herein by reference. These Terms along with Fingersoft’s Privacy Policy affect your legal rights and obligations. If you do not agree to these Terms, you may not access or use the Services.

For United States and Canadian residents, these Terms contain a binding arbitration clause in Section 12 and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States or Canada, please read these Terms carefully. Except where you opt out, and except for certain types of disputes described in Section 12, you agree that any disputes arising between you and Fingersoft will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.

Before accessing or using the Services, you must agree to these Terms of Service and Fingersoft’s Privacy Policy. By using the Services you represent that you are age13 or older. If you are between the ages of 13 and 17, or a minor according to laws applicable to you, you represent that your legal guardian or legal representative has reviewed and agreed to these Terms and has given you permission to access and use the Services.

By installing, using or otherwise accessing the Services, you agree to these Terms of Service. If you do not agree to these terms of services, please do not install, use or otherwise access the services. Use of the services is void where prohibited.

Fingersoft reserves the right to make changes to these terms at any time. Your continued use of the Services will be deemed to confirm your acceptance of the updated terms. In addition to these Terms, you agree to abide by any supplemental policies of the Services, such as policies related to specific services (including without limitation forums, chats, contests or sweepstakes) as well as all other related operating rules or policies, each of which is incorporated by reference where applicable.

When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and some or all parts of the Services may not work with your network provider or device.

1. License

Subject to you agreeing to these Terms and your continued compliance with these Terms and any other relevant policies, Fingersoft grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use theServices for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

The Services are provided to you for your personal and non-commercial use only. You shall not sell, rent or give away your access to the Services, create Services accounts by using false identities or information, or on behalf of someone other than yourself. You shall not use the Services if you have previously been removed from using any part of the Services by Fingersoft, or previously been banned from playing any Fingersoft game.

You may be required or given the choice to create a user account and/or choose a username for your use in the Services. Fingersoft reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

By default the Services support only one player account per game on a supported device. Additionally, the Services may not support using a single account across multiple devices.

1.1. License Limitations

Your use of the Services is strictly tied to your compliance with these Terms. Any use of the Services in violation with these Terms is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability towards Fingersoft or liability for violations of law.

You agree that you will not, under any circumstances:

use the Services for fraudulent or abusive purposes (including, without limitation, by using the Services to impersonate any person or entity, or otherwise misrepresent Fingersoft’s affiliation with any person, entity or the Services);
disguise, anonymize or hide your IP address or the source of any material or content that you upload into the Services;
interfere with or disrupt the Services, servers or networks that provide the Services;
attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Fingersoft;
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;
post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Fingersoft’s employees, including Fingersoft’s customer service representatives;
solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services;
‘harvest’, ‘scrape’, collect or post any information about or regarding other people that use the Services, including, but not limited to any personal data or information (including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items a.k.a ‘spyware’ or ‘pcms’ (passive collection mechanisms);
disrupt the normal flow of a game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing the games;
institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
disobey any requirements or regulations of any network connected to the Services;
circumvent technological measures designed to control access to, or elements of, the Services; or
do anything else that Fingersoft deems not to be within the spirit of fair play or intent of the Services.

You acknowledge and agree that you are solely responsible for your actions in the Services and actions made in the Services using your player account.

Fingersoft reserves the right to determine what conduct it considers to be in violation of these Terms or other rules of the Services, or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Fingersoft reserves the right to take action as a result, which may include terminating your access to the Services in whole or in part.

2. Suspension and Termination of Services Accounts and Services

Without limiting any other remedies, Fingersoft may limit, suspend, terminate, modify, or delete player accounts or access to the services or portions thereof if you are, or Fingersoft suspects that you are, failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the services, with or without notice to you. You can lose your user name and persona in the services as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the services, and Fingersoft is under no obligation to compensate you for any such losses or results.

Without limiting our other remedies, Fingersoft may limit, suspend or terminate the services and portions thereof, prohibit access to services’ games and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the services if Fingersoft believes that the users are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these terms or other policies. Additionally, Fingersoft may, in appropriate circumstances and at its sole discretion, suspend or terminate accounts of users who fingersoft believes may be repeat infringers of third party intellectual property rights.

Fingersoft reserves the right to terminate any account that has been inactive for 180 days.

Fingersoft reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such an event, Fingersoft shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.

Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.

You may terminate your account at any time and for any reason by contacting our customer support at support@fingersoft.com or by using the in-game “contact support” function available in some games.

3. Third-Party Services and Material

The Services may contain links to websites or services operated by third parties or feature content which is made available by third-party services and enable you to access and use certain third-party services (such as video sharing services). Use of any websites or services operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Fingersoft assumes no responsibility for such third-party services and/or content in third-party services.

These Terms shall be in addition to (and take precedence over where not prohibited)any terms and conditions, applicable to the distribution platform (such as an application store including e.g. Apple App Store, Google Play or Microsoft Store) through which you are acquiring the Services, agreed to between you and the relevant third-party entity.

4. Ownership

4.1. Intellectual Property Rights

All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, names, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, recording of games played using Fingersoft’s game clients and Fingersoft’s game clients and server software) (“Fingersoft Property”) are owned by or licensed to Fingersoft, subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. Fingersoft reserves all rights, including without limitation,all intellectual property rights or other proprietary rights, in connection with its games and the Service. Except as expressly provided in the Terms, Fingersoft does not grant any express or implied rights to the Fingersoft Property.

4.2. Accounts

You acknowledge and agree that you shall have no ownership or other property interest in any services account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of Fingersoft.

4.3. Virtual Items

Fingersoft owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual goods or currency appearing or originating in any part of the Services, whether earned in a game or purchased, or any other attributes associated with an account or stored on the Services.

5. User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit to the Services, or that other users upload or transmit, including without limitation, any chat text. By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Fingersoft in accordance with its Privacy Policy.

Fingersoft assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Fingersoft does not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Service.

By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

Fingersoft reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Fingersoft chooses, in its sole discretion, to monitor the Services, Fingersoft nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Fingersoft has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.

5.1. Public Discourse

The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics.Fingersoft cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Services. Fingersoft shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

5.2. Responsible for Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others. Fingersoft may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Fingersoft violates these Terms.

5.3. Your License to Fingersoft

You hereby grant to Fingersoft an unlimited, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license,sublicense, commercially exploit, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You also hereby grant to Fingersoft the right to authorize others to exercise any of the rights granted to Fingersoft under these Terms. You further hereby grant to Fingersoft the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Fingersoft does not claim any ownership rights in your User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Content. Fingersoft has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

5.4. User Interactions

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. Fingersoft reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Fingersoft to investigate any suspected unlawful, fraudulent or improper activity.

If you have a dispute with one or more users, you release Fingersoft (and its officers,directors, agents, affiliates, parent companies, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

5.5. Social Media and Game Content

With the limitations set in these Terms, you have the right to upload captions (such as audio, video and screenshots) of the Services to social media services (such as Facebook), online video services (such as YouTube), online picture sharing services (such as Instagram). All such material must be uploaded without editing them in a way that misrepresents the Services or any games included in the Services.

6. Fees and Purchase Terms

6.1. Purchases

In the Services you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or gems, all for use in the Services; and (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Services, and not in any other way.

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

The transfer of Virtual Items is explicitly prohibited. You shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Fingersoft, another user or any third party.

All purchases and redemptions of virtual items made through the service are final and non-refundable. You acknowledge and consent that the provision of virtual items for use in the Services is a process that commences immediately upon purchase or redemption and that you forfeit your right of cancelation once the process has commenced.

You acknowledge that Fingersoft is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

6.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Fingersoft may revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT FINGERSOFT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

7. Updates to the Services

You understand that the Services are constantly changing and evolving. Fingersoft may require that you accept updates to the Services, such as via installing updates to game clients installed on your device. You acknowledge and agree that Fingersoft may update the Services, with or without notifying you. You may need to update third party software or your device hardware from time to time in order to access and use the Services.

Fingersoft reserves the right to stop offering and/or supporting the Services in whole or in part, at which point your right to use the Services, or a part thereof will be automatically terminated. In such an event and unless prohibited by applicable law, we are not required to provide refunds or other compensation.

8. Beta tests

Fingersoft may offer you a chance to participate in beta tests (open or closed) of certain parts of the Services. Your participation in such beta tests may be subject to a separate non-disclosure agreement and/or supplemental policies.

By applying to and/or participating in beta tests you acknowledge and accept that:

Due to the unfinished and experimental nature of the beta tested parts of theServices Fingersoft may not provide any customer service or assistance regarding such parts of the Services. The parts of the Services being beta tested may be nonfunctional on some devices regardless of their listed hardware or software requirements or specifications.
Any in-app purchases, items, equipment, experience points, in-game currency and other such content may be periodically reset by Fingersoft during the course of the beta tests. Fingersoft offers no refunds for any such lost content.
Any feedback or idea submitted by you to Fingersoft regarding the beta tested parts of the Services may be utilized by Fingersoft without any compensation to you. By submitting or creating any material, content (such as in-game user-created content) or feedback regarding the beta tested parts of theServices you grant to Fingersoft an unlimited, sublicensable, fully paid up, nonexclusive and transferable license to utilize such material, content and/or feedback in its business.
Your application to participate in beta tests does not entitle you to be invited to, or to participate in any beta test offered by Fingersoft.

9. Personal data and Security

Fingersoft’s use of your personal data is governed by Fingersoft Privacy Policy. You approve to processing of your personal data in accordance with the Fingersoft Privacy Policy by downloading, installing, accessing or using the Services.

Fingersoft shall take appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to Fingersoft via the Services. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on Fingersoft servers is not generally available to the public. However, the use of internet services always includes security risks.

10. Disclaimer of Warranties

Without limiting Fingersoft’s liability under section 11 below, the services are 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 course of dealing or usage of trade. Fingersoft does not warrant that you will be able to access or use the services 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 game or the service are free of viruses or other harmful components.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

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

To the maximum extent permitted by law, Fingersoft shall not be liable to you 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 (however such losses are qualified), arising out of or relating in any way to these terms or the services, whether based on contract, tort or any other legal theory, and whether or not Fingersoft has been advised of the possibility of such damages. To the extent not prohibited by law, Fingersoft shall not be liable to you for more than the amount you have paid to fingersoft in accordance with these terms in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Fingersoft during such time period, your sole remedy (and Fingersoft’s exclusive liability) for any dispute with Fingersoft is to stop using the services and to cancel your account.

Nothing in these terms shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of Fingersoft or for death or personal injury arising from any negligence or fraud of Fingersoft.

You agree to indemnify, defend and hold Fingersoft (and Fingersoft’s officers, directors, agents, affiliates, subsidiaries, parent companies, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

12. Dispute Resolution

This Section “Dispute Resolution” constitutes an agreement between Fingersoft and you. You and Fingersoft agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms, the Fingersoft Privacy Policy, or the Services. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims. Processes for dispute resolution will apply even if you stop using your account, delete your account, or stop using the Services. They will also apply to disputes that arose before we entered into this agreement.

Sections 12.1 to 12.7 only apply to residents of the United States or Canada. They do not apply to you if you are a resident of any other country.

12.1 Informal Dispute Resolution

You must try to informally resolve any dispute directly with Fingersoft for at least thirty days before starting an arbitration. The period for informal dispute resolution starts when you have given notice to Fingersoft of the dispute via email to legal-disputes@fingersoft.com.

12.2 Arbitration Agreement

Either you or Fingersoft may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described elsewhere in these Terms. If you or Fingersoft bring a claim in court that can be resolved by arbitration as specified in this arbitration agreement, then either party has the right to ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 12 “Dispute Resolution” is valid or enforceable, or whether it applies to a claim and whether a claim is arbitrable.

An arbitration proceeding will be held before a neutral arbitrator. This means you and Fingersoft agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal lawsuits. For example, the ability to force the other side to share information may be more limited than the process called discovery in formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or Fingersoft can ask the arbitrator to put a decision or award and the reasons for it in writing. Either you or Fingersoft can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and Fingersoft will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.

12.3. Arbitration Process

The arbitration will be run by the American Arbitration Association (“AAA”). The arbitration will be governed by AAA’s Consumer Arbitration Rules and, as applicable, the AAA Mass Arbitration Supplementary Rules, as any such may be modified by these Terms and by the AAA. If there is a conflict between these Terms and AAA’s rules and procedures, then we will follow these Terms. To review AAA’s Rules or to start arbitration, you can go to AAA’s website at www.adr.org/rules. If either of us decides to start arbitration, we agree to provide the other party with a written demand for arbitration as specified in the AAA rules.

The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, Fingersoft will pay the fees. Each side will pay their own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.

The arbitration will take place either in San Francisco, California, USA or in the county or province where you reside. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

12.4. Exceptions to Agreement to Arbitrate

You and Fingesoft agree that the arbitration agreement in Section 12 will not apply in the following disputes:

Claims about Fingersoft’s intellectual property, such as claims to enforce, protect, or concerning the validity of Fingersoft’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or any other other intellectual property rights.
Claims related to piracy or tortious interference.
Claims that are not subject to arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.
Claims in small claims court.

Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 13 “Venue for Disputes Not Subject to Arbitration”.

12.5. No Class Actions

You and Fingersoft agree that we can only bring claims against each other on an individual basis.

That means:

You or Fingersoft cannot bring a claim against the otheras a plaintiff or class member in a class, collective, consolidated, or representative action.
The arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding.
The arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.

To increase the efficiency of administration and resolution of arbitrations, you and Fingersoft agree that in the event that there are twenty five (25) or more individual demands for arbitration of a substantially similar nature filed against Fingersoft by or with the assistance of the same law firm, group of law firms, or organizations or representation is consistent or coordinated across the cases, all such demands for arbitration are processed in accordance with AAA´s Mass Arbitration Supplementary Rules for consumer mass arbitration. The cases will be heard on the documents, rather than by in-person, telephone, or video conference hearings. Multiple cases can be assigned to one arbitrator. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. This mass arbitration provision shall in no way be interpreted as authorizing a class or collective action of any kind, except as expressly set forth in this provision.

If this Section 12.4 “No class actions” is found to be unenforceable or invalid, then the entirety of Section 12 shall be void.

12.6. Opt-Out of Arbitration Agreement an No Class Action Provisions

You can choose to opt out of and not be bound by the Arbitration Agreement and No Class Action provisions above (Sections 12.1. to 12.5.) by sending a written notice of your decision to opt out to legal-disputes@fingersoft.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”. You must send us this notice within thirty days of your first use of the Service or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with the terms of these Sections. If you opt out of these arbitration provisions, Fingersoft also will not be bound by them.

12.7 Amendments to the Arbitration Agreement

Fingersoft will provide 30-days’ notice of any changes to this Section 12 through the Services or via other similar means. Changes to this Section 12 will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.

If Fingersoft amends this Section 12 after the date you first accepted the arbitration agreement in this Section 12 (or accepted any subsequent changes to this Section 12), you may reject any such change to this Section 12 by sending us written notice (by email to legal-notices@fingersoft.com) with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT” within 30 days of the date such change to this Section 12 became effective or in the date of our other communication to you notifying you of such change. Your rejection will apply only prospectively and does not have any effect on claims made or for which the circumstances arose prior to your rejection or the changes. You agree that your continued use of the Services 30 days after a change will be deemed acceptance of those changes.

13. Applicable Law and Venue

If you are a resident of any country within the European Economic Area country or the UK, these Terms and the Fingersoft Privacy Policy shall be governed by, and construed under, the laws of your country of residence without regard to conflict of laws rules. The exclusive jurisdiction for all disputes will be the competent courts of your country of residence.

If you are a resident of any EEA country, you may also make use of the Online Dispute Resolution platform offered by the European Commission as an out of court alternative to resolve disputes. Please note that Fingersoft may not be required to accept the use of this or other alternative dispute resolution platforms.

If you are not a resident of any counry within the European Economic Area, the UK, United States or Canada, these Terms and the Fingersoft Privacy Policy shall be governed by, and construed under, the laws of Finland without regard to conflict of laws rules. The exclusive jurisdiction for all disputes will be the district court of Helsinki, Finland unless otherwise required by the law of the country where you have your residence.

If you are a resident of the United States or Canada, the United States Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of the agreement to arbitrate and as well as the no class actions provisions of Section 12. Any dispute arising out of or related to these Terms, Fingersoft Privacy Policy, or the Services shall be exclusively governed in all respects by the laws of the State of California, USA without regard to conflict of law provisions.

If you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Fingersoft that is not subject to arbitration under Section 12 must be resolved exclusively by a federal or state court located in San Francisco County, California.

14. General Provisions

14.1. Severability. You and Fingersoft agree that if any portion of these Terms, Fingersoft’s Privacy Policy or any supplemental terms are found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

14.2. Assignment. Fingersoft may assign or delegate these Terms and/or the Fingersoft 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 or the Privacy Policy without Fingersoft’s prior written consent.

14.3. Supplemental Policies. Fingersoft may publish additional or supplementary policies or terms related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.

14.4. Entire Agreement. These Terms, the Fingersoft Privacy Policy any additional or supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding of you and Fingersoft, 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 Services.

14.5. No Waiver. The failure of Fingersoft to require or enforce strict performance by you of any provision of these Terms or the Fingersoft Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Fingersoft’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Fingersoft of any provision, condition, or requirement of these Terms or the Fingersoft Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Fingersoft shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Fingersoft.

14.6. Notices. We may notify you via the Services or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms or the Fingersoft Privacy Policy shall be in writing and addressed to: Fingersoft Oy. Attn: Legal, Aleksanterinkatu 4-6, 90100 Oulu, Finland. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

14.7. Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms to Fingersoft are of a unique and irreplaceable nature, the loss of which shall irreparably harm Fingersoft and which cannot be replaced by monetary damages alone so that Fingersoft shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 11 (if any).

14.8. Force Majeure. Fingersoft shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Fingersoft, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Fingersoft’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

14.9. Embrago Compliance. You must comply with all applicable domestic and international export laws and regulations (which may be amended from time to time) that apply to the Services, which include restrictions on destinations, users, and use.

15. Region-specific terms

Effective January 1, 2020 applying to California residents: California Consumer Privacy Act requires that Fingersoft maintains a separate web page that allows you to opt out of the sale of your personal information. As Fingersoft does not track you between its services, please check each individual Fingersoft service you have used to find out how to adjust your privacy settings in that service. Please note that Fingersoft does not sell your personal information to third parties without your prior consent (opt-in).

Additional Conditions for Apple Devices

If you are accessing or using the Services through an Apple branded device, the following additional terms and conditions are applicable to you. These additional terms and conditions are subject to the Terms, including limitations of liability.

These Terms are entered into between you and Fingersoft, that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third-party beneficiary as contemplated below. Fingersoft, not Apple, is responsible for providing the Services.

The license granted to you in these Terms is subject to the permitted usage rules specified in the Apple App Store Terms of Service and any third party terms of agreement therein.

Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services.

In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such Services in accordance with these Terms. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.

As between Fingersoft and you, Fingersoft, and not Apple, is responsible for addressing any claims you may have relating to the Services including: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

If the Services or your use of the Services infringes on third party intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

When using the Services, you must comply with all third-party terms that are applicable to any platform, website, technology, or service that interacts with the Services.

Contact information:

Fingersoft Oy

Business ID: 2761930-5

Address: Aleksanterinkatu 4-6, 90100 Oulu, Finland

Email: support@fingersoft.com