MONSTA POINTS TERMS OF SERVICE

THESE TERMS OF SERVICE (“TERMS OF SERVICE”) GOVERN THE RELATIONSHIP BETWEEN YOU (“YOU” OR “USER”) AND ADAPKIT OY, AND ITS AFFILIATES (“ADAPKIT”) REGARDING THE USE OF THE MONSTA POINT SERVICE (“SERVICE”) TO BE ACCESSED BY DOWNLOADING THE MONSTA POINT APPLICATION, AND OTHER SERVICES PROVIDED BY ADAPKIT. YOU AGREE TO THESE TERMS AND CONDITIONS AND ACCEPT TO BE BOUND BY THIS AGREEMENT. THE SERVICE SHALL NOT BE AVAILABLE TO ANY CHILDREN UNDER THE AGE OF 13. PARENTS, MAY GRANT USAGE RIGHTS TO THEIR SERVICE ACCOUNT FOR THEIR CHILDREN UNDER THE AGE OF THIRTEEN (13) YEARS. THE SERVICE IS PROVIDED TO YOU UNDER THESE TERMS AND CONDITIONS FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THE SERVICE. Your use of the Service is also governed by Adapkit Privacy Policy which is incorporated below. Your use of the Service or other Adapkit services might also be governed by separate policies, as applicable. You are solely responsible for all activity on Your Account and for the security of Your computer system. You may not reveal, share or otherwise allow others to use Your Account. You agree that You are personally responsible for the use of Your Account and for all of the communication and activity in connection with the Service that results from the use of Your Account. You may not sell or charge others for the right to use Your Account, or otherwise transfer Your Account. Without limiting any other remedies, Adapkit may limit, suspend, terminate, modify, or delete Accounts or access to the Service or portions thereof if You, or if Adapkit suspects that You, fail to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Adapkit services, without notice to You. You can lose Your data as a result of account termination or limitation, as well as any benefits, privileges, earned and purchased items associated with Your use of the Service, and Adapkit is under no obligation whatsoever to compensate You for any such losses or results.

1. License

The Service (including the related software and media) is protected by copyright and other intellectual property laws. Adapkit retains ownership of the Service and the copies of the Service (if applicable) provided herewith. The Service is licensed to You for use subject to the Terms and Conditions set forth in this Agreement for Your personal and non-commercial use only. Adapkit hereby grants to You and You fully accept, a non-exclusive and non-transferable right to access the Service online and/or use only the executable version (no source code) of the Service application for Your private use. The Service comprises the online service or the relevant Application that enables You to use the Service. You hereby acknowledge and agree that Adapkit shall have no liability whatsoever in connection with or arising from Your use of the Service, as set forth herein. Adapkit shall in no event be liable, whether in contract, warranty, tort (including negligence), product liability, but not limited to these, for any indirect, incidental, special or consequential damages (including without limitation any loss of data, interruption, computer failure or pecuniary loss) in connection with or arising out of the use or inability to use the Service, even in the case that You have been informed of the possibility of such damages. Your only right or remedy regarding any problems or dissatisfaction with the Service is to uninstall it and/or discontinue Your use of it. As it may be, some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. If You download an application for accessing the Service, You may not use such application for any purpose other than the permitted access to the Service. You understand that for reasons that include, without limitation, system security and stability, Service may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time. This Agreement does not entitle You to future updates, new versions or other enhancements of the application although Adapkit may choose to provide such updates, etc. in its sole discretion.

2. User Content and Indemnification

Adapkit does not pre-screen or monitor content that You as an end-user submit to the Service (“User Content”). Adapkit shall have the right (but not the obligation) to remove User Content that fails to comply with these Terms and Conditions. The User acknowledges that use of the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions. The User must ascertain and comply with such laws, regulations, conditions or restrictions and reasonably ascertain that the User Content submitted by the User does not contain material that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the intellectual property and/or other rights of others; or that it does not contain viruses or other malicious or harmful code. The User grants to Adapkit a perpetual, irrevocable, worldwide, royalty-free right to use any and all User Content that the User has submitted to the Service in all Adapkit activities. The User is solely responsible for any User Content uploaded, posted, transmitted, store or otherwise made available through the Service. The User agrees to defend, indemnify and hold harmless Adapkit, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from or related to Your breach of these Terms and Conditions or portion hereof, or any act or omission by the User relating to the Service (including User Content). Adapkit reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by You hereunder.

3. Advertising and Third-Party Material

The Service may inclue in-app advertising, and You agree that Adapkit may direct commercial communications of third party material to You in the Service. The User may be directed to the relevant third-party service where the content is made available for purchase subject to the relevant third-party service provider’s terms and conditions applicable to that material and Adapkit shall not be responsible for such third-party material. The Service may also include features enabling You to purchase material within the Service, in which case You may also acquire, with real-world money, a limited, personal, non-transferable, revocable license to use ”virtual currency” to be used in the Service to purchase (or allow other users to do the same) virtual items and other goods or services (”Virtual Items”). Adapkit may manage, regulate, control, modify or eliminate Virtual Items included in the Service at any time, with or without notice. Adapkit shall have no liability to You or any third party in the event that Adapkit exercises any such rights. All purchases and redemptions of Virtual Items or virtual currency made through the Service are final and non-refundable. The provision of Virtual Items for use in the Service is a service that commences immediately upon acceptance by Adapkit of Your purchase. No refund of any fees shall be available.

4. Disclaimer

To the maximum extent permitted by applicable law, except as provided above, ADAPKIT MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICE, ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICE IS LICENSED “AS IS” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.

5. Limitation of liability

You understand and acknowledge that Adapkit will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system’s performance. ADAPKIT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADAPKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF ADAPKIT IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE WARRANTY AND REMEDY SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.

6. Personal Information and Security

The User shall give to Adapkit correct personal and other information necessary for the use of the Service. The User shall inform Adapkit of any changes to such information. You also agree that in the event that You access the Service through Your social networking site account, the information on Your social networking site account is accurate, current and complete. Adapkit shall take appropriate online and physical measures to prevent unauthorized access to, improper use of and the reasonable accuracy of Your personal data submitted to Adapkit via the Service. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on Adapkit’s servers is not generally available to the public. The User shall be liable for all responsible for the User’s own equipment, internet connectivity and software as well as that they do not cause harm to Adapkit and/or third parties.

7. Support

Adapkit shall have no obligation to provide support or maintenance for the Service under this Agreement. Adapkit may, at its sole discretion, provide limited technical support for the Service. You understand that the Service is an evolving one. As long as Your license for the Service is valid You are entitled to upgrades or updates of the Service. All upgrades and updates are provided to You on a license exchange basis. You agree that by using an upgrade or update You voluntarily terminate Your right to use any previous version. Upgrades and updates may be licensed to You by Adapkit with additional or different terms. You may need to update third party software from time to time in order to use the Service.

8. Term and Termination

This Agreement shall govern Your use of the Service and related application during the term of this Agreement. Adapkit shall have the right to, at its sole discretion, decide upon provision of the Service and making it available to You. This Agreement is in effect for the time being. Your right to use the Service continues until this Agreement is terminated. You may terminate this Agreement at any time by deleting the application and ceasing to use the Service. This Agreement will automatically terminate if You fail to comply with the material terms of this Agreement. Either You or Adapkit has the right to terminate or cancel Your Account at any time. You understand and agree that the cancellation of Your Account is Your sole right and remedy with respect to any dispute with Adapkit.

9. General

Adapkit may assign or delegate these Terms of Service and/or the Adapkit Privacy Policy, in whole or in part, to any person or entity at any time without Your consent. You may not assign or delegate rights or obligations under the Terms of Service or Privacy Policy without Adapkit’s prior written consent. Adapkit may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such service is subject to those specific policies and these Terms of Service. These terms of Service, any supplemental policies of Adapkit and any documents expressly incorporated by reference herein (including the Adapkit Privacy Policy and the Monsta Points Application End User License Agreement), contain the entire understanding of You and Adapkit, and supersede all prior understanding of the parties. You and Adapkit agree that if any portion of these Terms of Service or if the Adapkit Privacy Policy is 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 the remaining provisions of the terms, which shall continue to be in full force and effect. Adapkit reserves the right to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any given time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point You do not agree to any portions of then-current version of our Terms of Service, Adapkit Privacy Policy, or any other Adapkit policy, rules or codes of conduct relating to Your use of the Service, Your license to use the Service shall immediately terminate, and You must immediately stop using the Service. Please check the Service on a regular basis so that You remain aware of the then-current Terms of Service.

10. Dispute Settlement and Applicable Law

This Agreement shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law provisions. All disputes relating to the Service and this Agreement shall be settled at District Court of Pirkanmaa, Finland having the sole jurisdiction.


Privacy Policy

Adapkit Ltd Privacy Policy

Adapkit respects your privacy and is committed to safeguard your privacy and the privacy of your family members using the Adapkit’s products or services. This Privacy Policy helps you understand what data we collect, and how we use it. We encourage you to read this document before using our products or services. If you do not agree to the terms of this Privacy Policy, please do not use the product or service. Adapkit may change this Privacy Policy from time to time and the changes will be made available on this website, which is why Adapkit encourages you to frequently visit this page. Your continued use of Adapkit’s products or services will signify your acceptance of the changes to this Privacy Policy.

Personal and non-personal information

Personal information is data that can be used to uniquely identify or contact a single person, like yourself. Non-personal information does not permit direct association with any specific individual. Non-personal information may also be result of removing the personally identifiable parts from the data.

Collecting information

Our primary policy is not to collect personal information unless necessary for the functioning or safety of the services. We may collect personal information that you voluntarily provide us, like your email address or name when registering to our service. Automatically generated personal information needed for the services to function, like Internet Protocol address or account identification, will be removed or altered to non-personal information as soon as it is not needed for the service or product to function properly. Adapkit will not knowingly collect personal information from anyone under the age of 13. If you are under 13, please do not attempt to access or take in use our services or send any information about yourself to us, including your name, address, telephone number, or email address. Parents may, subject to the applicable terms and conditions, grant usage rights for their children. In order to enhance the service Adapkit may use tools or third party analytical software to collect and use non-personal data. If our service is based on information exchange between the core service implemented by us and the related functionality by a third party service. The core service being responsible for the coherence of the information, will require data updates from the third party functions. You may access third party services through Adapkit’s services, Adapkit has no liability of such third party services and we suggest you familiarize yourself with the Terms and Privacy Policy of such third party services.

Disclosure of collected data

Without your consent we do not share your personal information to third parties for marketing and alike business purposes. In exceptional circumstances personal information may be disclosed to third parties, if required under any applicable law or regulation or order by competent authorities, or in order to enforce the Terms and Conditions / End User License Agreement and to investigate possible infringing use of Adapkit’s service as well as to guarantee their safety. Adapkit may share your information in connection with any merger, sale of our assets, or a financing or acquisition of all or a portion of our business. We may share non-personal data with our partners or others.

Use of collected information

Adapkit commits to adhere to the provisions of the Finnish Personal Data Act (Henkilötietolaki) and other such applicable laws and regulations pertaining to processing of personal information, as well as process personal information in compliance with good processing practice. Personal information may be collected for developing services, contacting Users and sending customer and marketing information to Users, e.g. email based newsletter. Adapkit will pursue to take appropriate measures in order to prevent unauthorized access to personal information, any inappropriate use thereof and any possible inaccuracies. All personnel processing personal information are obliged to keep such information strictly confidential. Adapkit may use external service providers to provide technical solutions or services for processing stored data and access the stored data by using a technical interface. Adapkit may use third party service providers, such as email service providers, credit card processors, data analyzers and business intelligence providers. Adapkit has right to share personal information as necessary for the aforementioned service providers to provide their services to Adapkit. Adapkit is not liable for the acts and omissions of these third parties. Adapkit may host the service in and transfer data for this purpose to countries outside the European Union or the European Economic Area and the United States in accordance with mandatory legislation and this Privacy Policy. Adapkit will retain Your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Data protection and the principle how the personal data is secured

The register will be maintained in external service providers’ servers with appropriate safeguards, such as password protection, granting the access to the stored information only to Adapkit. The register is protected by appropriate industry standard, technical and organisatory safety measures. The database will be accessible only to those persons expressly authorized by Adapkit.

Further information

Adapkit makes good faith efforts to enable you to review, update or correct your personal data in Adapkit’s possession. Adapkit will need sufficient information from you to establish your identity and to verify your access request, and also to assist us in handling your request.