These Terms of Service (hereinafter “Terms” or “Agreement”) set forth the legally binding terms and conditions which are applicable to all Applications and Services (hereinafter “App” or “Apps”, “Services”) by Fischi Ab. In this agreement, Fischi Ab may be referred to as “Fischi”, “We” or “Us”.
Please notice that the Terms constitute an agreement between you and Fischi. We therefore suggest that you carefully familiarize yourself with these Terms. By installing, using or otherwise accessing the Apps by Fischi or other services provided by Us, you confirm that you have read and understood the Terms and any other document referred to in this agreement, which includes our Privacy Policy and other relevant policies, and that you agree to be bound by the Terms. You represent and warrant that you have the right, authority and capacity to accept and follow the Terms and that you have read and fully understood the Terms. Your use of Fischi’s Apps constitutes your acceptance of the Terms. If you do not accept the Terms, please do not install, use or otherwise access the Apps (including software forming a part of the Apps).
IF YOU DO NOT ACCEPT THE TERMS YOU ARE NOT ENTITLED TO USE THE APPS AND YOU MUST PROMPTLY UNINSTALL AND DELETE ALL COPIES OF THE APPS.
You hereby declare that you understand that our Apps and Services are constantly evolving, which in turn means that our Terms may change. You understand that Fischi has the right to amend, modify or otherwise change the Terms at any times. If the Terms are modified, the “Last Updated” date will be changed.
IF YOU CONTINUE TO USE THE APPS AFTER A CHANGE TO THE TERMS HAS BEEN MADE, YOU ACCEPT AND AGREE TO BE BOUND BY THE UPDATED TERMS.
Fischi grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy, for the purpose of downloading, installing and executing, the number of copies for which you are authorized by the download site of each App on a mobile device that you own or control for your use (the “License”).
The License granted to you is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise exploit the Apps for commercial purposes; (b) you shall not modify, translate, merge, adapt, make derivate works of, disassemble, decompile, reverse compile or reverse engineer any part of the Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any of the Apps in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Apps. Any future release, update or modification to the Apps shall be subject to these Terms. All copyright or other proprietary notices on or in any App must be retained on all copies.
YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS.
Fischi reserves the right to modify, suspend or discontinue the Apps or any part thereof, at any time, with or without notice. You agree that Fischi will not be liable to you or to any third party for any modification, suspension or discontinuance of any App or any part thereof.
APPS PROVIDED TO YOU ARE LICENSED NOT SOLD. Fischi (and its licensors, where applicable) own all right, title, and interest, including all related intellectual property rights, in and to all Apps. This agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The Fischi name, logo, and the product names associated with the apps belong to Fischi (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Fischi (and its licensors, where applicable) reserve all rights not granted in this Agreement.
FISCHI RESERVES THE RIGHT TO LIMIT, SUSPEND, BAN OR TERMINATE YOUR LICENSE AND THE ACCOUNT ASSOCIATED WITH YOUR LICENSE IF YOU DO NOT COMPLY WITH OUR POLICIES OR IF WE SUSPECT ILLEGAL ACTIVITY. FISCHI IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR PURCHASES, USER CONTENT AND OTHER ITEMS RELATING TO YOUR ACCOUNT AND YOUR USE OF OUR SERVICES THAT WILL BE LOST IN THE EVENT OF A TERMINATION OF YOUR LICENSE AND THE ACCOUNT ASSOCIATED WITH YOUR LICENSE.
FISCHI RESERVES THE RIGHT TO REMOVE AN ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
“User Content” of a user means any and all content that a user of our Apps or Services create, upload, distributes or otherwise provide through, with, or in connection with our Apps or Services. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You are solely responsible for the information and content that you post or create on, through or in connection with our Services or Apps. Fischi reserves the right to reject, refuse to post or delete any User Content at any time and for any or no reason.
ALL USER CONTENT CREATED, SHARED, POSTED, UPLOADED OR OTHERWISE MADE IN CONNECTION TO THE APPS AND SERVICES MUST COMPLY WITH APPLICABLE LAW, THE TERMS AND OTHER RELEVANT POLICIES, AND THE COMMUNITY GUIDELINES (see Community Guidelines below).
YOU DO NOT HAVE OWNERSHIP OVER, OR ANY OTHER PROPERTY INTEREST IN, AN ACCOUNT REQUIRED TO ACCESS OUR SERVICES. ALL RIGHTS RELATING TO THE ACCOUNT IS AND SHALL BE OWNED BY FISCHI.
If you submit User Content created by you it shall not under any circumstance include any of the following: (a) malware, (b) Confidential information, (c) Sensitive information about yourself or others, (d) Content that violates law. When submitting user generated content, you agree for that content to be handled by us in accordance with our policies.
YOU ARE SOLELY RESPONSIBLE FOR USER CONTENT CREATED, SHARED, SUBMITTED OR OTHERWISE LINKED TO YOU. YOU BEAR ALL RISKS ASSOCIATED WITH CREATING AND VIEWING USER CONTENT.
Fischi is under no obligation to screen User Content submitted by you or other users. We are not responsible for someone else’s User Content. Your use of our services is at your own risk. You bear all the risk associated with the use of User Content.
Fischi reserves the right to remove User Content from our services at any time. We also reserve the right to change, modify, monitor, edit or delete User Content submitted to our services. By entering the Terms, you provide your irrevocable consent for your User Content to be monitored.
YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION AND CONTENT THAT YOU POST OR CREATE ON, THROUGH OR IN CONNECTION WITH FISCHI’S APPS AND SERVICES. FISCHI RESERVES THE RIGHT TO REJECT, REFUSE TO POST OR DELETE ANY USER GENERATED CONTENT AT ANY TIME AND FOR ANY OR NO REASON.
You hereby grant Fischi an irrevocable, perpetual, fully paid-up, royalty free, worldwide license (including the right to assign and sublicense to third party) and the right to copy, reproduce, fix, adapt, modify, create, publish, distribute, sell, license, sublicense, transfer, lease, transmit, display, and use and practice, in any way, User Content created by you. This also applies to marketing and promotion of our services. You also grant Fischi the right to authorize others to exercise the rights given to Fischi under these agreements.
You are solely responsible for your interactions with other users of our Apps and Services. Fischi has no obligation to become involved in disputes that may arise from user to user interaction. If you have a dispute with one or more users, you release us from claims, demands and damages (actual or consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes.
The Community Guidelines included in the Terms applies to all the Apps and Services. The Community Guidelines set forth the guidelines that you must comply with when using our Apps and Services. The Community Guidelines and the Terms must be followed. You hereby agree to following the Community Guidelines included in the Terms.
- By using the Apps and Services provided by Fischi, you accept the Community Guidelines and Terms of Service.
- An internet address or a domain name cannot be used as a username.
- If your username may be considered inappropriate, we reserve the right to change or remove it.
- As a user you are not allowed to do anything with the intent of disrupting or impairing the function of the Apps and Services.
- The publication and distribution of private, sensitive or confidential information on the Apps and Services provided by Fischi is prohibited. Infringement of someone else’s intellectual property rights is prohibited.
- You hereby acknowledge and understand that you are solely responsible for your User Content. You bear all the risk associated with creating and viewing User Content.
- Fischi does not accept nor tolerate toxic behaviour on the Apps.
- The use of racist language is not accepted.
- The use of homophobic language is not accepted.
- The use of wording that objectively can be seen as offensive is not accepted.
- If you break the community guidelines, your account might be banned or suspended. A suspended account will be prohibited from creating content over a certain period of time (7 days).
- A banned account will be permanently deleted, along with created games, saved games and other articles relating to the account. The e-mail address used to create the account in question will be blocked from creating a new account.
- Fischi reserves the right to remove content that infringe the Community Guidelines included in the Terms of Service.
4.1 The Terms commences on the date you accept the Terms, as described in the preamble, and will remain in full force and effect while you use the Apps and Services, unless earlier terminated in accordance with the Terms.
4.2 The latest version of the Terms is the version that applies to all Apps and Services provided by Fischi. When using the Apps or Services after an update to the Terms has been made by Us, you automatically accept the latest version of the Terms and other relevant policies.
4.3 We may (i) suspend your rights to use any App or service, and/or any related services or (ii) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Community Guidelines or any other provision included in the Terms. Without limiting the foregoing, Fischi reserves the right to terminate its Agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to Fischi by the copyright owner or the copyright owner’s legal agent.
4.4 Upon termination of this Agreement, your right to use the Apps and Services will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. Fischi will not have any liability whatsoever to you for any termination of this Agreement, including deletion of User Content created by you. Even after this agreement is terminated, the following provisions of this Agreement will remain in effect: 1.2, 1.3, 1.4, 1.5, 2, 4.4, 5, 6, 7, 8, 9 and 10.
You agree to defend, indemnify and hold harmless Fischi (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of any App, (ii) your User Content, or (iii) your violation of the Terms. Fischi reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Fischi and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Fischi. Fischi will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You acknowledge and agree that the availability of the Apps is dependent on the third party from which you received the App in question, e.g. the Apple App Store or Android stores (“Application Store”). You acknowledge that this agreement is between you and Fischi and not with the Application Store. The Application Store is not responsible for the Apps, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with the Apps (if there are any fees). You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable third party terms of use (e.g. the Application Store’s terms and other policies) when using any App provided by Fischi. You acknowledge that the Application Store (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.
Fischi may permit certain third party applications to provide content through the Apps (“Third Party Services”). The Apps may be used to send content provided by the Third Party Service between users who have the Third Party Service installed on their device. When you do so, Fischi will share information with the Third Party Service as described in Fischi’s Privacy Policy. Fischi is not responsible for and does not control Third Party Services. Fischi provides these Third Party Services for your convenience. Fischi has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Services. When you access a Third Party Service, the applicable third party’s terms of use and other relevant policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary, or appropriate, before proceeding with any transaction in connection with any Third Party Service.
An App may contain User Content provided and created by other users of the App. Fischi is not responsible for and does not control User Content. Fischi has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that Fischi will not be responsible for any liability incurred as the result of any such interactions.
You hereby irrevocably and unconditionally release and forever discharge Fischi (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Apps users, or Third Party Advertisers.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
APPS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND Fischi (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. Fischi (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY OF THE APPS OR SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (III) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8.1 IN NO EVENT SHALL Fischi (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR Fischi’s PRIVACY PRACTICES, ANY APP, EVEN IF Fischi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY APP ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Fischi’s LIABILITY TO YOU FOR ANY DAMAGES ARSING FROM OR RELATED TO THIS AGREEMENT OR Fischi’s PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID Fischi IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL Fischi’s SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
8.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to pay the applicable fee (to us or the applicable distributor) for the Apps you download and use and for any in-App purchases (e.g. subscriptions, in-App products) you make.
The Terms are subject to occasional revision, and if any substantial changes are made to the Terms, we may notify you by posting an update of the changes on our Site. Changes made to the Terms will be effective immediately for new users of our Apps and Services. Continued use of the Apps and Services provided by Fischi following notice of substantial changes to the Terms shall indicate your acknowledgement of such changes and that you agree to be bound by the Terms and conditions of such changes. The last time the Terms was updated is indicated at the top of this document. Please revisit Fischi’s Site from time to time to ensure you are aware of any changes made to the Terms.
Any notice provided to Fischi pursuant to the Terms of Service should be sent to help.fischi@gmail.com
If any provision in the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
This Agreement is the final, complete and exclusive agreement between you and Fischi with respect to the subject matters hereof (including all of the Apps and Services) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision included in this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. Your relationship to Fischi is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without Fischi’s written consent prior to the matter, and any attempted assignment in violation of the foregoing will be null and void. Fischi may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.
The laws of Finland, without regard to or Apps of its conflict of law provisions, will govern these Terms, and any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the district court of Helsinki, Finland. You hereby consent to the jurisdiction of and venue in such court and waive any objection as to inconvenient forum.
- By using this application, you agree on following the community guidelines and terms of service.
-By using this application, you agree on following the community guidelines and terms of service. You must be at least 17 (seventeen) years of age to use this application. By using this application, you verify that you are at least 17 years old.
- Fischi does not store personal information.
- The e-mail address linked to the username/account is only used for customer service and feedback. We do not give out someone’s e-mail address to anyone under any circumstances.
- Fischi uses Google Analytics to analyse how the application is performing (active users, number of created games etc.).
- The feedback system does not store personal information. The feedback only gives us an idea of what needs to be improved or changed.
- The data we collect is only used to create a better experience for the user.
- More information regarding how Fischi uses data is available in the Privacy Policy.
-By using this application, you accept the community guidelines and terms of service. - You must be at least 17 (seventeen) years of age to use this application. By using this application and accepting the terms of service, you confirm that you are at least 17 (seventeen) years old.
- An internet address or a domain name cannot be used as a username. - If your username may be considered inappropriate, we reserve the right to change or remove it.
- Remember to not give out personal or sensitive information about yourself or others while using this application. E.g. do not use your real name as a username.
- As a user you are not allowed to do anything with the intent of disrupting or impairing the function of the application.
- The publication and distribution of private, sensitive or confidential information on this platform is prohibited.
- Infringement of someone else’s intellectual property rights is prohibited. If an infringement is made on your part, you are solely responsible. Fischi is not responsible if you as a user infringe someone else’s intellectual property rights.
- Fischi does not accept nor tolerate toxic behaviour on this platform.
- The use of racist language is not accepted.
- The use of homophobic language is not accepted.
- The use of wording that objectively can be seen as offensive is not accepted.
- If you break the community guidelines or terms of service, your account might be banned or suspended. A suspended account will be prohibited from creating content over a certain period of time (seven (7) days)
- A user whose account has been suspended will still be able to continue to use the application, albeit not to full extent. The user will be able to continue to use the application as a guest.
- A banned account will be permanently deleted, along with created games, saved games and other articles relating to the account. The e-mail address used to create the account in question will be blocked from creating a new account.
- Fischi reserve the right to remove content that infringe the terms of service or our community guidelines included in the terms of service.
-This application is intellectual property owned by Fischi
- The games that you create in this application belongs to you. However, when using this application, you give us the right to use your game, e.g. in advertising purposes (social media advertising and all other forms of advertising).
- We do not take responsibility if another user copies or uses the content that you have created for their own game.
- Copying of this application is strictly forbidden. Copying the essential features and layout of this application is forbidden. To copy this application and rebrand it is forbidden.
- This agreement does not give rights or obligations to third parties.
- Our rights and obligations can be assigned to others in the event of a merger or an acquisition.
- If one part of this agreement would be declared invalid, the rest of the agreement remains in force.
- The application and terms of service may change in the future. This means that the terms of service can be changed.
- If the terms of service are changed, we will give you time to view and accept the updated terms of service before they enter into force.
- Remember to not give out personal or sensitive information about yourself or others while using this application.
- Remember that you are not obliged to do anything that might be prompted by a game created by another user in this application.
- In case of a legal dispute, Finnish law is applicable.
Last updated January 2021
This is the Privacy Policy for our current services and products and for future services or products that we provide. This policy is valid for all the services we provide and is in force until further notice. If the Privacy Policy is updated, we will notify you in the services and products in which this Privacy Policy is in use.
We collect different types of data for different types of use. More information on the usage of the data that we collect is mentioned below. The first type of non-personal data that we collect are diagnostics data, such as crash reports, performance data and other diagnostic data. Furthermore, we also collect a device ID, which contains the following non-personal data: device ID, OS, app bundle ID and developer platform. An Instance ID is also collected, which generates a per-installation identifier. The Instance ID does not identify a user or a physical device and is therefore classed as non-personal data. We also collect your IP address. The IP address we collect is anonymized and does not identify a unique user. We also collect data that can be linked to you. This type of data is necessary for us to collect to provide our services to you. We collect the following data that can be linked to you: contact information (e-mail address), user ID (username), purchases, user-generated content and usage data.
The non-personal data that we collect is used to better understand how our products and services are performing. This data helps us improve our services and products and create a better user experience. Other uses for this data might be to help us understand our demographic and users better, which in turn helps us provide a better user experience. This information can also be used for marketing purposes, to provide our services, improve our services and auditing. “Cookies” can also be collected. The data that can be linked to you is collected for the purposes of, for instance, customer service and community management. For example, an e-mail address and a username might be necessary to gain access to the full extent of our services in certain applications. The data that can be linked to you might also be used to communicate with you. The data that we collect can also be used for the purposes of identifying unauthorized use of our services and products. Furthermore, it can be used to prevent or take appropriate measures against unauthorized use of our services and products.
We do not share the personal data that we collect with third parties unless you give us the permission to do so or if the sharing of this type of data is obliged by law, regulation or litigation. We may share non-personal data to third parties. This type of data could be, for example, search statistics from our services or advertising performance.
This Privacy Policy may be subject to change. If a change to the Privacy Policy is made, we will notify you in the appropriate channels. You can tell when this Privacy Policy was last updated above. If you have any questions regarding our Privacy Policy, feel free to contact us at help.fischi@gmail.com.