Terms of Use
These Terms of Use ("terms") are an agreement between you and OmHuman AB about Sprout Pop ("the game"). By downloading, installing or playing the game, you accept them. The game asks you to accept them, together with the Privacy Policy, before you play for the first time. If you don't accept them, please don't play.
If you live outside the EU, the EEA, the UK and Switzerland: these terms include a binding arbitration agreement and a waiver of class actions and jury trials, in the section Arbitration. It affects how disputes are resolved. You can opt out within 30 days, as that section describes.
Who you agree with
The game is provided by OmHuman AB ("OmHuman", "we", "us"), Brunnsgatan 3 b, 611 32 Nyköping, Sweden, organisation number 559585-3424.
If you got the game from Google Play, the Google Play Terms of Service also apply. If you got it from Apple's App Store, Apple's Licensed Application End User License Agreement also applies. Those terms govern your relationship with Google or Apple, and these terms govern your relationship with us. Google and Apple are not parties to these terms and are not responsible for the game. How we handle your data is described in our Privacy Policy.
In the sections No warranties, Limits on our responsibility and Your responsibility, "we" and "us" also mean OmHuman's affiliates, licensors and service providers, and the officers, directors, employees and agents of each of them.
Who can play
You must be at least 13 years old to play, or older if the law where you live sets a higher age for accepting these terms. If you are under 18, or under the age of majority where you live, a parent or guardian must accept these terms for you. They are responsible for your use of the game and for any purchases you make. We may ask for proof of age or of a parent's consent, and we may limit or end access to the game if we believe a player is under the age limit.
Your licence to play
We give you a limited, personal, non-exclusive, non-transferable and revocable licence to download and play the game on devices you own or control, for your own enjoyment and not for commercial use. The game and everything in it, including its levels, art, music, characters and code, belong to OmHuman or our licensors. We keep all rights we don't expressly give you.
Except where the law allows it, you may not:
- copy, sell, rent, lend, distribute or modify the game, or make works based on it
- take the game apart to get at its code, or try to get around its security or its purchases
- use cheats, bots, hacks, modified versions of the game or tools that read, intercept or change its data or network traffic, or exploit bugs to gain an advantage
- overload, attack or disrupt the game, its servers or the services it uses
- use the game in a way that breaks the law or harms the game, us or other people
Power-ups and other virtual items
Power-ups, extra moves, seeds, Sprout Club benefits and other items in the game are part of your licence to play. You don't own them, they have no value outside the game, and they can't be exchanged for money, sold or moved to another player.
As far as the law allows, we may manage, change, rebalance, limit or remove items and features in the game, also ones you have earned or bought, without compensation. Bought power-ups and extra moves are delivered as soon as the purchase is complete and are saved on your device. They usually come back with your progress if you install the game again, as our Support page describes, but we keep no copy, and we aren't responsible for items or progress that are lost when the game is deleted or a device is lost, reset or changed.
Purchases and refunds
Prices are shown in the store before you buy. Payment, taxes and refunds are handled by the store under its rules. You can ask the store for a refund on Google Play or in the App Store.
All purchases are final. We don't give refunds, except where the law or the store's rules require it. If a purchase is refunded, charged back or cancelled, we may remove what it gave you.
If you live in the EU or the UK, you agree that bought power-ups and extra moves are delivered right away, and you acknowledge that you therefore lose your right to withdraw from the purchase once they have been delivered.
Sprout Club
Sprout Club is an optional weekly or monthly subscription. Its benefits and price are shown in the game before you subscribe. Payment is charged to your Google Play or Apple account when you confirm the purchase.
- The subscription renews automatically for the same period, and you are charged again, unless you cancel it at least 24 hours before the current period ends.
- You can manage or cancel it at any time in your Google Play or App Store account settings. Deleting the game doesn't cancel it.
- After you cancel, the benefits last until the end of the period you have paid for. Periods that have started aren't refunded, except where the law or the store's rules require it.
- If you switch between the weekly and the monthly plan, the store's rules decide when the new plan starts, as the store shows when you switch.
- We may change the Club's benefits for future periods. Price changes follow the store's rules, and the store tells you before a new price applies, so that you can cancel before then.
- On a new device, tap Restore purchases in the game's shop to get your membership back.
Ads and other companies' services
The free game shows ads, and some ads are videos you can choose to watch for a reward. A reward is only given when the video has played to the end, and ads may not always be available. Sprout Club members don't see ads between levels, and videos for a reward stay optional for them.
Ads, the stores and other services in or around the game are provided by other companies under their own terms. We aren't responsible for their content, products or websites, and anything you do with them is between you and them.
Breaking these terms
If you break these terms, or we reasonably believe you have, we may, as far as the law allows, remove items from your game, limit your access to features or end your licence to play, without compensation. Your licence also ends if you stop accepting these terms. The parts of these terms that by their nature should last after that, such as ownership, the limits on our responsibility and how disputes are resolved, continue to apply.
Changes to the game
We keep improving Sprout Pop, so levels, features, items, prices and content can change over time. You may need to install updates to keep playing. We may also suspend or stop offering the game, or any part of it, at any time and, as far as the law allows, without compensation. If we stop offering the game, we'll try to let you know in advance, and active Sprout Club subscriptions won't renew. The game may not work on every device or be available in every country.
No warranties
As far as the law allows, the game is provided "as is" and "as available", without warranties of any kind, and you use it at your own risk. We don't promise that the game will be free of errors or interruptions, that it will work on your device, that your progress or items will never be lost, or that any problem will be fixed. As far as the law allows, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement.
Limits on our responsibility
As far as the law allows:
- we aren't responsible for indirect, incidental, special, consequential or punitive losses, or for lost data, progress, items, profits or time, even if we were told they could happen
- we aren't responsible for ads or for other companies' content, products, services or conduct
- our total responsibility for all claims connected with the game or these terms is limited to the amount you paid for purchases in the game in the 6 months before the claim arose
- if you are dissatisfied with the game, your only remedy is to stop playing and delete it
- you give up any right to ask a court or an arbitrator to stop, restrict or delay the game, its updates, its ads or how we offer them, and you limit your claims to claims for money, within the limits above
Nothing in these terms limits or excludes responsibility that can't be limited or excluded by law, such as for death or personal injury caused by negligence, for fraud, or for damage we cause on purpose or through gross negligence. Nothing in these terms limits the rights you have as a consumer under the law of the country you live in.
Your responsibility
As far as the law allows, you agree to defend, indemnify and hold us harmless from all claims, losses, damages and liabilities, including reasonable legal fees and costs, that arise because you used or misused the game, broke these terms or broke the law. We may take over the defence of such a claim at your expense, and you agree to help us with it. This continues to apply after your licence ends.
Ideas and feedback
If you send us ideas, suggestions or feedback about the game, we may use them freely, without paying you or owing you anything.
Law and disputes
Swedish law applies to these terms and to your use of the game, without regard to rules that would point to another country's law. The UN Convention on Contracts for the International Sale of Goods doesn't apply. If you live in another country, its mandatory consumer law still protects you where that law says it must. If something goes wrong, please email us first, and we'll try to solve it.
If you live in the EU, the EEA, the UK or Switzerland, you can take a dispute to the courts where you live or to the courts of Sweden, and the section Arbitration doesn't apply to you. Consumers in Sweden can also turn to the National Board for Consumer Disputes (ARN), arn.se.
If you live anywhere else, disputes are resolved by binding individual arbitration, as the next section describes.
Court cases that these terms allow, for example after you opt out of arbitration, are brought in the courts of Sweden, with Nyköping District Court (Nyköpings tingsrätt) as the first instance. This doesn't take away the right of players in the EU, the EEA, the UK and Switzerland to use the courts where they live. If the law where you live doesn't recognise the arbitration agreement or this choice of court, you may also use the small claims court where you live, if your claim qualifies.
Arbitration
This section applies if you live outside the EU, the EEA, the UK and Switzerland. For players in the United States, the Federal Arbitration Act governs it.
- Talk to us first. Before starting arbitration or a court case, you and we agree to try to solve the dispute informally for at least 60 days, starting when one of us sends the other a written notice describing it. Send your notice to support@sproutpopgame.com.
- Binding arbitration. As far as the law allows, any dispute between you and us connected with the game or these terms that isn't solved informally will be resolved by binding individual arbitration, not in court. This also applies to disputes that arose before you accepted these terms, and after you stop playing. The arbitrator decides all questions about this arbitration agreement, including whether a dispute must be arbitrated.
- In the United States and Canada, the arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. It can take place by video, by phone, in writing, or in the county where you live. Fees follow the AAA's rules.
- Everywhere else, the arbitration is administered by the SCC Arbitration Institute in Stockholm under its Rules for Expedited Arbitrations, unless the SCC decides, considering the complexity of the case, the amount in dispute and other circumstances, that its Arbitration Rules apply instead. In that case the SCC also decides whether there is one arbitrator or three. The seat of arbitration is Nyköping, Sweden, and the language is English.
- Exceptions. Either of us may instead bring an individual claim in a small claims court: in the United States and Canada the one where you live, and elsewhere a small claims court in Sweden. Either of us may also ask a court to stop the misuse of intellectual property, such as piracy of the game. Claims that by law can't be arbitrated go to court.
- No class actions or mass arbitration. You and we may only bring claims as individuals, never as a plaintiff or class member in a class, collective, coordinated, consolidated, mass or representative action or arbitration. An arbitrator may not combine claims of more than one person. You and we give up the right to a jury trial.
- Confidential. The arbitration and its award are confidential, except where the law requires otherwise or where it's needed to enforce the award.
- Opting out. You can opt out of this arbitration agreement by emailing support@sproutpopgame.com within 30 days of first accepting these terms, with your name and a statement that you opt out of arbitration. Disputes then go to court as Law and disputes describes. Opting out doesn't affect the rest of these terms.
- If part of this section fails. If the class action waiver is found unenforceable for a claim, that claim goes to court instead of arbitration, and it is put on hold until any arbitration of individual claims has ended. If arbitration can't be required for a claim for another reason, the claim goes to court as Law and disputes describes. Changes we make to this section don't apply to disputes that arose before the change.
Changes to these terms
We may change these terms. When we do, we update the date at the top. If a change is significant, we'll let you know in the game or on this page before it applies. If you keep playing after a change applies, you accept the new terms. If you don't accept them, stop playing and delete the game.
General
- These terms, together with the Privacy Policy and the store's terms mentioned above, are the whole agreement between you and us about the game.
- If a part of these terms can't be enforced, the rest still applies.
- If we don't enforce a part of these terms right away, we still keep the right to enforce it later.
- We may transfer these terms to another company, for example if the game or OmHuman is sold. You may not transfer your rights under them.
- We aren't responsible for delays or failures caused by events outside our reasonable control, such as natural disasters, war, strikes, actions by authorities, power or internet outages, or failures of the stores, ad networks or other services we rely on.
- If these terms are translated, the English version applies.
Contact
OmHuman AB, Brunnsgatan 3 b, 611 32 Nyköping, Sweden
Organisation number 559585-3424
support@sproutpopgame.com
