Terms of Service v20180524

Terms of Service


These Terms govern your use of Swecial’s products, features, apps, services (such as the Swecial Account), technologies, and software we offer..

1. Our mission
Swecial’s mission is to empower people to entertain their friends, both old and new. We do that by:

1.1. Provide you with a personalized experience
To make your experience of our services better for you choices you make will affect what you see in our games. For example, if you answered a quiz, dismissed a quiz or blocked a user we will store and use that data to make sure you don’t see those in your feed again. We continue to explore how we can use data we have to try to predict which content you might be entertained by and minimize content you would find boring, insulting and/or offensive.

1.2. Help you connect with others
In our social games, you need to interact and connect with others, people, groups, businesses, organizations, and others that matter to you to be entertained. We use the data we have to make suggestions for you and others, for example, what groups to join, users to follow. We will continue to explore how we can use data we have to try to make it easy for you to find the groups and users you would be most entertained by.

It goes without saying but connections in our games is in the end with people with real feelings and emotions so be kind. (We might allow bots with real feelings in the future, but the rule holds, you should still be kind)

1.3. Empower you to entertain others across our games
We build our games so that you can use them to entertain others and yourself. You can send levels to others, create quiz questions, upload content, sometimes content is shareable between games to make them more entertaining. For example, you could unlock a new free Juicy Clouds level by winning a quest in Digolux, and if you add a user as a friend in one of our games you will be friend with that user in all our games that use what we call the Swecial Account. We will continue to explore how we can use data we have to give you more ways to entertain others across our games.

1.4. Advertising

Some of our games will show ads, offers and sponsored content to help you discover content, products and services from us and our partners. Our partners pay us to show their content to you and we design our services so that the sponsored content you see is as relevant and entertaining to you as everything else you see in our games.

In some of our games, we do rely on income from well known and respected ad networks to pay us to show their content to you, we don’t have much control over what content they are showing but they will never have access to game-specific data generated by a specific user.

1.5. Keep you safe from harmful conduct
You should feel safe playing our games. We use the data we have to detect misuse and misconduct in our games. We will always listen if you see something that could be perceived as misuse, misconduct and/or harmful conduct towards others. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, disabling an account, or contacting law enforcement. We will continue to explore how we can use technology and the data we have to make our games a safe space.

1.6. Always improving
There is always an even better way, but sometimes guessing what it might be isn’t good enough. When we are facing a decision on how to make our games more entertaining we sometimes analyze data we have to understand how people use our games so we don’t have to guess, we will also do follow-ups and see if the way we implemented a solution seems to get the desired outcome.

1.7. Access wherever you are
To store and distribute content and data around the world we should probably have data centers and systems around the world. But right now all data is stored in Sweden, so if you don’t live in Sweden that means that it’s stored outside your country of residence and travelled from and to Sweden to and from your country via your Internet Service Provider’s service.

2. What kinds of information do we collect?

2.1. Things you and other do and provide
Which content (for example levels, quest and quizzes) you play and or create. We collect the content, communications and other information you provide when you use our games, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created.

2.2. Handling of data with special protections under EU Law
Some information such as religious views, political views, who you are “interested in,” racial or ethnic origin, philosophical beliefs or trade union membership is subject to special protections under EU law. We have no interest in that type of information nor do we think that should matter to get the most out of our games. We don’t mine data to find out where you stand in these special protections areas and we think that advertisers who would use those areas of information as a way to reach their target audiences should take their business elsewhere.

2.3. Games, levels, quest, quizzes and scores
We collect information about which of Swecial’s games you play, what levels you have completed, quest and quizzes you played and what scores you achieved. We do that so that so you can sync this information between your different devices and we may also use that information to make your game experience more entertaining. For example suggest games, levels, quest and quizzes that you might enjoy.

2.4. Connections and interactions
We collect information about the user profiles, groups and hashtags you play and interact with so that we, for instance, can show more relevant suggestions of games, levels, quest and quizzes you might be interested in.

2.5. Contact information
If you choose to upload, sync or import contact information from a device such as an address book we will use that to match you with contacts that already play our games and notify you when someone you already know joins our games.

2.6. Your usage
We collect information about how you use our products, such as what types of games, levels, quest or quizzes you view or engage with, the features you use, the people and accounts you interact with, the time, frequency and duration of your activities. Some of our games have in-app tokens that can be gifts, rewarded or bought (for example Swecial coins) for real money. We store information on how you get in-app tokens, how much you have and what you do with tokens. We collect and store this data so we can aggregate statistics on how groups of anonymized users user our games so we can improve them and make them more engaging. In some cases, we also store what you bought so you can sync that between devices.

2.7. Other users interaction with you
We store when people play your games, levels, quest, quizzes and send you messages or include you in conversations. We do that so you can get notifications and a log file of actions that includes you.

3. Your commitments to Swecial and our community

Anyone can use Swecial’s games but some game features in our games will require you to register for a Swecial Account. We provide you and others with a Swecial Account to help advance our mission to empower people to entertain their friends, both old and new. In exchange we need you to make the following commitments:

3.1. Who can use a Swecial Account?
To make our games as pleasant and entertaining as possible for that reason you must:
You may keep your real identity hidden and for that reason, you can use a username that has no connection with your real identity however you may not deliberatly use of someone else’s identity.
Use a username that doesn’t infringe on someone else’s registered trademark or brand. (If you do infringe we have the right to change your username)
Use a username that the Swecial Team and/or a majority of a randomized selection of 10 Swecial Account users would agree on is not offensive. (see the Swecial Santa Clause)
Create a maximum of 10 accounts. We think you only need max 3 however if you think you need more than 10, contact us and we might make an exception.
Not post duplicative or substantially similar content, replies, or mentions over multiple accounts you control, or creating duplicate or substantially similar accounts, with or without the use of automation.
Not share your password, give access to your Swecial account to others, or transfer your account to anyone else (without our permission).

We try to make our games broadly available to everyone, but you cannot use a Swecial account if:
You are under 13 years old. (In some cases Swecial can grant younger users access, please write to us to get a Swecial permission)
You are a convicted sex offender.
We previously disabled your account for violations of our terms or policies.
You are prohibited from receiving our products, services, or software under applicable laws.

3.2. What you can post or upload to Swecial’s games
We want people to use Swecial’s services to entertain them self and to create content that can be entertaining to people important to them, but not at the expense of the well-being and/or safety of others or the integrity of our community. You, therefore, agree not to engage in the conduct described below (or to facilitate or support others in doing so):

You may not use our products to do, create or share anything:
That violates these Terms or what is deemed nice behaviour according to the Swecial Santa Clause described below.
That is unlawful, misleading, discriminatory or fraudulent.
That infringes or violates someone else’s rights.
You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of Swecial’s Products and Services.
You may not access or collect data from our Products and Services using automated means (without our prior permission) or attempt to access data you do not have permission to access.
We can remove content you create or share in violation of these provisions (this will done within 24h after it has been reported) and, if applicable, we may take action against your account. We may also disable your account if you repeatedly infringe other people’s intellectual property rights.
Where appropriate, we will take steps to notify you when we remove your content for violating these Terms. We may not be able to provide notice in all cases, for example, if we are prohibited from doing so by law or where it might harm our community or the integrity of our Products and Services.
3.5. The Swecial Santa Clause
To judge if your behaviour is naughty or nice we use the Swecial Santa Clause. This means we first ask members of the Swecial Team if they consider your behaviour naughty or nice and rule according to their decision. However, if you disagree with that decision you can appeal to us and we will ask a randomized selection of 10 Swecial Account users if they think that your behaviour has been naughty or nice. The Swecial Team will then re-deliberate and make a final decision.

3.6. The permissions you give us
To provide our services to you we need certain permissions from you:
3.6.1. Permission to use content you create and share
You own the content you create and share on our Products and Services and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. However, to provide our services we need you to give us some legal permissions to use that content. Specifically when you create, share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This means, for example, that if you create a quiz with a photo, you give us permission to store, copy, and share it with others (consistent with your user settings) such as service providers that support our service or other Swecial products you use.
You can end this license at any time by deleting your content or account. If you want to delete your account contact us and it will be done as soon as possible (usually within 24 hours). For technical reasons, content you delete may persist for a limited period of time in backup copies (however it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.
3.6.2. Permissions to use your username, name, profile picture and information about your actions with ads and sponsored content
You give us permission to use your username, name and profile picture and information about actions you have taken on our Products and Services next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you.

For example, we may show your friends that you have played a sponsored game, level quest, quiz, or if you follow a user profile created by a brand.

3.6.3. Permission to update software you use or download
If you use or download our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.
3.4. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share with your Swecial Account, we retain all rights to that content (but not yours). You can only use our copyrights or trademarks or any similar marks with our prior written permission. You must obtain our written permission or permission under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
4. Additional provisions
4.1. Updating our Terms
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms. This will give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
We hope that you will continue using our Products and Services, but if you do not agree to our updated Terms and no longer want to be a part of the Facebook community, you can delete your account. Contact us and it will be done as soon as possible (usually within 24 hours).

4.2. Account suspension or termination
We want people to use Swecial’s services to entertain them self and to create content that can be entertaining to people important to them, but not at the expense of the well-being and/or safety of others or the integrity of our community. If we determine that you have clearly, seriously, or repeatedly violated our Terms we may suspend or permanently disable access to your account. We may also suspend or disable your account if we required to do so by law. Where appropriate, we will notify you about your account and what you can do to appeal according to the Swecial Santa clause the next time you try to access it.
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us.

4.3. Limits on liability
We will use reasonable skill and care in providing our Products and Services to you and in keeping a safe, secure, and error-free environment, but we cannot guarantee that our Products will always function without disruptions, delays, or imperfections.
If our systems have been breached and your private data might have been stolen we will give you notice of this as soon as possible provided that law enforcement permits us to do so.
We do not want any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content created or posted on our Products or Services, nor is it allowed according to this Terms, however, we do not accept responsibility for content that users create and share and you may encounter using our Products or Services.
We do not accept responsibility for losses which are not reasonably foreseeable by you and us at the time of entering into these Terms or events beyond our reasonable control.
4.4. Disputes
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. Swecial operates from Sweden and for that reason, Swedish laws will apply regarding these Terms. If a dispute does arise regarding these Terms we will work together with you to find a solution, however, if we can not find a solution the case will be referred to Stockholms Tingsrätt (the District Court of Stockholm, Sweden).

4.5 Other
These Terms make up the entire agreement between you, Phorecast AB and Anders Adermark Enskild Firma in Sweden. Swecial is a brand co-owned by Phorecast AB and Anders Adermark Enskild Firma to release entertaining Products and Services. When these Terms refer to Swecial it means both Phorecast AB and Anders Adermark Enskild Firma in equal parts.

Date of Last Revision: May 22th, 2018