Terms of Use

Codigee Terms and Conditions

Welcome to Codigee

These Terms apply to your use of the Codigee Services and our Platform, and we encourage you to read them carefully. Please also refer to the definitions set out at the bottom of this page. The Terms and any attachments related to it, including our Privacy Policy applicable guidelines, forms a legal Agreement between you and Codigee for your use of the Codigee Services. If you, or an Organization you are affiliated with, have entered into an Enterprise Agreement with Codigee, your use of the Codigee Services and Resources will be governed by the Enterprise Agreement and the documents incorporated therein.

These Terms define the terms and conditions under which you are allowed to use the Codigee Services and consume Resources. If you do not agree to these Terms, you must immediately discontinue your use of the Codigee Services and Resources.

In addition to these Terms, our Privacy Policy describe how we process the personal information we may collect when you use the Codigee Services, and how we protect your privacy.

Responsible use and conduct

General

You agree to only use the Codigee Services and Resources for the purposes intended and as permitted by the Agreement and in accordance with applicable laws. If you use the Codigee Services in breach of the Agreement or applicable laws, we may terminate your account and/or suspend your use of the Codigee Services.

You are responsible for maintaining the confidentiality of your account and any non-public authentication credentials associated with your use of the Codigee Services. You must promptly notify our customer support team about any possible misuse of your accounts, authentication credentials or any security incident related to the Codigee Services.

You represent and warrant that information you provide when registering for an account is accurate and you shall not misrepresent personal information or otherwise be untruthful about your identity in connection with your use of the Services. Codigee reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity in connection with their use of the Services. Notwithstanding the foregoing, you acknowledge that Codigee cannot guarantee the accuracy of any information submitted by any user or the identity of any user who chooses to use the Services. We are not obliged to verify the identity of any user.

Parents and guardians responsibility to safeguard children’s safety

Codigee provide certain Services and Resources which may be used by children. Children are not regarded as fully independent users of the Services and Resources. It is the parents’/guardians’ responsibility, respectively, to ensure that the use of the Codigee Services and Resources is in accordance with the Agreement and to safeguard the children’s safety and privacy. Apart from the limitations within the functioning of the Services, Codigee has no control over how parents/guardians oversee the children’s use of the Services as Codigee does not interact directly with the children using the Services and Resources.

Licensed rights

The Codigee Services and the Resources are the property of Codigee and Codigee’s content licensors (as applicable). We grant you a limited, non-exclusive, revocable license to make use of the Codigee Services and the Resources (the “License“) in accordance with the Agreement.

You agree to abide by our Acceptable Use Policy and any other user guidelines which at any time apply to your use of the Codigee Services and the Resources.

Except for the rights expressly granted to you in the Agreement, Codigee grants no right, title, or interest to you in the Codigee Service or Resources. For the avoidance of doubt, you may not charge any fees or require any payment as part of your use of the Service or the Resources, except as expressly authorized by Codigee.

The Codigee Brands are the sole property of Codigee or its licensors. The Agreement does not grant you any rights to use any Codigee Brand for any purpose, whether for commercial or non-commercial use.

Codigee Content Subscriptions

Content Subscriptions

You may purchase certain Content Subscriptions from the Codigee apps, such as the Truth or Dare Duel! Dirty Game

A Content Subscription gives you access to a library of content that is curated at Codigee’s sole discretion.

You acknowledge that the content available through each Content Subscription is subject to change at Codigee’s sole discretion, including without limitation the removal and addition of content or change of existing content.

You agree to only use the content available through Content Subscriptions in accordance with all terms and conditions applicable to Codigee Services and Resources, including without limitation the Acceptable Use Policy. In particular, you are not entitled to change, resell, or share such content in any other way than expressly permitted herein.

Codigee does not verify and cannot guarantee the accuracy, relevance, integrity, fitness for a particular purpose, availability, or quality of any content included in Content Subscriptions.

You can manage your Content Subscriptions from your Codigee user account.

Payments, cancellations, upgrades

General

Content Subscriptions can be purchased directly from Codigee in the App or, through third parties or through an Enterprise Agreement with Codigee. This section of the Terms only applies where you have signed up for one of our Content Subscriptions directly from us through our App.

You promise that your registration information, payment details (if you have signed up for a paid Content Subscription) and any other information that you submit to us are true, accurate, and complete, and you agree to keep it that way at all times. If you have provided incorrect or inaccurate information, you should return to the log-in screen or correct such information in your account settings. You promise that no other person shall be allowed to use or access your account, or in any other way make use of the rights conferred to you pursuant to the Agreement.

Payments and Subscription Periods

Content Subscriptions are payable in advance of each Subscription Period, non-cancelable and, except as expressly stated in an Enterprise Agreement, non-refundable.

You will be charged prior to being granted access to your Content Subscriptions. At the end of your current Subscription Period, your Content Subscriptions subscription will automatically renew and you will be charged for the next Subscription Period in accordance with your registered payment information.

Cancellations

If you do not wish to renew your Subscription Period for Content Subscriptions, you must cancel your Content Subscriptions before the end of your current Subscription Period. Any cancellation will become effective on the first day after the last day of your current Subscription Period. Upon cancellation, your access to features that are exclusive to the Content Subscriptions will cease, and your subscription will be automatically downgraded.

Upgrades and downgrades

You may at any time upgrade or downgrade your Content subscriptio. If you downgrade your subscription, the downgrade will take effect on the day after the last day of the current Subscription Period. If you upgrade your subscription, the upgrade will take effect immediately subject to payment of the applicable upgrade fee.

Price changes

Codigee may change the price for Content Subscription. If such price change applies to you it will be effective from the beginning of your next Subscription Period. Your continued use of the Codigee Services constitute your acceptance of the price change. If you do not agree with the price changes, you have the right to reject the change by cancelling your subscription prior to your next Subscription Period renewal.

We do not provide any refunds if the price for Content Subscription drops, or if we offer subsequent promotional pricing or change the content or features of a Content Subsctription.

Trials

We may, at our own sole discretion, offer you a Trial. We reserve the right to revoke the Trial and put your account on hold in the event that we determine that you are not eligible. Separate terms and conditions, including restrictions on available features or areas of use, may apply when using a Codigee Service under a Trial.

For some Trials, we’ll require you to provide your payment details to start the Trial. In such cases, your Trial will automatically be converted to a paid subscription for the selected Content Subscription as of the first day after the end of your Trial period. We will use the payment details you provided when you started the Trial to charge you. If you do not want to continue using your selected Content Subscription, you must cancel your subscription before the end of the Trial period.

Pre-paid subscription Codes

If you have received a Code, separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.

Paid subscription Codes purchased from third parties or through other platforms (e.g. Google Play or Apple App Store) are subject to the refund policies of those platforms. Codigee cannot be held responsible for these platforms’ policies.

Taxes

Prices listed may not include sales or value added tax and applicable tax may be calculated and added at the time you complete a transaction and, depending on where you made the purchase, such tax may not be visible to you until you receive a receipt for your purchase. In certain jurisdictions, local laws require that prices include all applicable taxes, in which case this will be indicated at the time of purchase.

Third Party Applications

The Codigee Service is integrated with Third Party Applications that make available content, products, and/or services to you. Use of these Third Party Applications is optional. The Third Party Applications may have their own terms and conditions and privacy policies, which you agree to be bound by when you choose to use these Third Party Applications, including but not limited to YouTube; https://www.youtube.com/t/terms

User content

Codigee’s license to User Content

User Content is available to you only, kept with limited visibility and only used by Codigee for the purposes of providing the Services and Resources. We will keep all data which you submit to the Services, including any User Content, secure and only process your data for the purpose of providing the Codigee Services to you.

You hereby grant Codigee a worldwide, non-exclusive, limited term license to access, use, process, and display User Content only as reasonably necessary: (a) to provide, maintain and updated the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted by you.

Codigee will delete all User Content from your account upon termination of the Agreement, except for any Public User Content licensed to Codigee in perpetuity as explained in section 7.4 below, and otherwise in accordance with Codigee’s Privacy Policy (as applicable).

Your responsibility for User Content

You promise that with respect to any User Content you post on Codigee: (1) you have all rights necessary to upload such User Content to the Codigee Service and to grant the above license to Codigee, and (2) such User Content, or its use by Codigee does not violate the Agreement, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others.

You are solely responsible for all User Content that you publish on Codigee. Codigee does not endorse the correctness of the User Content or any opinion contained in any User Content.

Monitoring of User Content

Unless agreed differently in a separate agreement with us, Codigee may review, monitor, edit or remove User Content in our sole discretion, but is under no obligation to do so. In all cases, Codigee reserves the right to remove or disable access to any User Content that breaches the Agreement. Removal or disabling of access to User Content shall be at our sole discretion.

Public User Content

If you choose to make User Content Public User Content, you hereby grant to Codigee a perpetual (or, for as long as permitted under applicable law), non-exclusive, sub-licensable, transferable, royalty-free, irrevocable, fully paid, universal license to commercialize, use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute your Public User Content through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content.

Account security

As the creator of your Codigee account you have access and control over the Codigee account and the devices that are used to access the Service. To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over the devices that are used to access the Service and not reveal the password nor any payment details (if any) associated with your account to anyone. you are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. you are also responsible for preventing unauthorized access and use of your account by any other than you. We can terminate your account or place your account on hold in order to protect you, Codigee or our partners from conducting or attempting to conduct identity theft or other fraudulent activity.

Data protection

The Data Processing Agreement located here shall govern with respect to the protection of personal data processed in connection with this Agreement.

Term and termination

The Agreement will continue to apply for as long as you use a free or paid Codigee account. Codigee may terminate the Agreement or suspend your access to the Codigee Service at any time, including in the event of your actual or suspected unauthorized use of the Codigee Service and/or Resources, or non-compliance with the Agreement. If you or Codigee terminate the Agreement, or if Codigee suspends your access to the Codigee Service in accordance with the Agreement, you agree that Codigee shall have no liability or responsibility to you and Codigee will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

You hereby acknowledge and agree that the perpetual license granted to Codigee by you in relation to Public User Content (see section 7.4) will continue after expiry or termination of any of the Agreement for any reason.

Sections of the Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Agreement, shall survive termination.

Warranty and disclaimer

We can assure you that the Services will perform materially in accordance with the description of the Codigee Services and Resources as set out on our Websites. For all Content Subscription, we will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We will notify you in advance of any planned downtime which is expected to result in significant downtime. In the event of any breach of Codigee’s obligations in this section 11, Codigee shall its own expense (i) use reasonable endeavors to rectify such non-compliance, and if rectification is no reasonable possible (ii) replace all the non-conforming parts of the Services and Resources. Codigee disclaims any other warranties than those set out in the Agreement.  Further,  under no circumstances will Codigee be liable for any Third Party Applications, including the failure of any such Third Party Applications.

Codigee shall not be responsible for breach of these warranties if caused by:

1. hardware, software or other components which are not part of the Services and Resources;
2. errors or problems caused by or contributed to by hardware, software or other components which are not provided by Codigee, including any modifications by you or third parties;
3. errors or problems caused by you not complying with this Agreement;
4. if the you has rejected the implementation of any upgrade, change, hot fix, or similar, which would have prevented the error or problem; and
5. errors or problems caused by third parties not acting on behalf of Codigee, including in respect of changes to Services and Resources.

Limitation of liability

• ** To the maximum extent permitted by law, in no event will Codigee, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; or (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Codigee service, Third Party Applications, or Third Party Application content, regardless of legal theory, without regard to whether Codigee has been made aware of the possibility of those damages, and even if a remedy fails of its essential purpose. Codigee’s aggregate liability for all claims arising under or in connection with this Agreement shall be limited to the amounts paid by you to Codigee under this Agreement during the twelve months immediately preceding the last event giving rise to liability.

Nothing in the Agreement removes or limits Codigee’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. ***

Apple specific terms

In addition to the sections above, and notwithstanding anything to the contrary in Terms, this section applies with respect to your use of any version of our app compatible with the iOS operating system of Apple. Apple is not a party to this Terms and does not own and is not responsible for the app. Apple is not providing any warranty for the app except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the app and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the app, including any third-party product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the app, including those pertaining to intellectual property rights, must be directed to Codigee. The license you have been granted in these Terms is limited to a non-transferable license to use the app on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set out in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. Notwithstanding these rights of Apple and Apple’s subsidiaries, Codigee’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Codigee and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against any claims and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) Your breach of the Agreement; (2) any User Content; (3) any activity in that You or anyone using your account engages on or through the Codigee Service; and (4) Your violation of any law or the rights of a third party. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Miscellaneous

Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Codigee, the Agreement constitutes all the terms and conditions agreed upon between you and Codigee and supersedes any prior agreements in relation to the subject matter of these Agreement, whether written or oral.

Severability and waiver

Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Codigee or any third party beneficiary to enforce the Agreement or any provision thereof shall not waive Codigee’s or the applicable third party beneficiary’s right to do so.

Assignment

Codigee may assign the Agreement or any part of them, and Codigee may delegate any of its obligations under the Agreement. You may not assign the Agreement or any part of them, nor transfer or sub-license your rights under the Agreement, to any third party.

Changes to the Terms

We reserve the right to change these Terms from time to time. Changes may for example be made to accommodate new products or services, to adapt to legal requirements, or otherwise to better adapt the Terms to our business. If there is a material change to these Terms, we will notify you either by email to your registered email account, in-App or in-Service notifications or on our official Websites (as appropriate). It is your responsibility to read any such notice carefully. Your continued use of the Services after such changes will constitute acknowledgment and agreement of the modified Terms. If you do not wish to continue using the Service under the new version of the Terms, you may cancel your Content Subscription or terminate the Agreement. We reserve the right to change the Acceptable Use Policy at any time without notice.

Governing Law / Jurisdiction

The Agreement is governed by the statutes and laws of Norway without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods. Norwegian law will apply to all matters relating to the use of the Services and the purchase of any products or services through the Services.

Furthermore, any action to enforce the Agreement shall be brought in the courts located in Oslo (Oslo tingrett), Norway. you hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Definitions

“Administrator” means your Organization’s designated administrator of your Codigee account, if applicable.

“Agreement” is the collective term that encompasses these Terms, the Acceptable Use Policy, if applicable, the Enterprise Agreement or Content Subscription.

“App” means Codigee´s software/mobile applications.

“Apple” means Apple Inc.

“Children” means people under the age of 18.

“Code” means a code or other offer provided or sold by or on behalf of Codigee for access to a Content Subscription.

“Content Subscriptions” means the various libraries of premium content available for purchase on a subscription basis.

“Enterprise Agreement” means a separate agreement entered into by Codigee and your associated Organization.

“Codigee” means Codigee sp. z o.o.

“Codigee Brands” means all Codigee trademarks, service marks, trade names, logos, domain names, and any other features of the Codigee brand.

“License” means the license granted to you pursuant to section 3 of these Terms.

“Organization” means an organization to which you are affiliated, such as your employer.

“Platform” means Codigee´s Websites and Apps where the Codigee Services are available.

“Public User Content” means, as some Codigee Services are based on User Content and relies on users contributing content to the Service, the Content whereby the User, on their own choice and by actively toggling the “publish” button, makes certain User Content, such as Codigee games/quizzes, available to the general public.

“Resources” means the information, resources, services, products, and tools provided for you in the Codigee Services.

“Services” means the Codigee services, including any software, that you subscribe to under these Terms.

“Subscription Period” means the duration of the applicable Content Subscription.

“Terms” means these general terms and conditions applicable to your use of the Codigee Services.

“Third Party Applications” means websites and services delivered by third parties that are integrated in the Services and Resources in order to make certain features, content, products, and/or services available to you.

“Trial” means trials of paid Content Subscriptions for a specified period without payment or at a discounted rate.

“User Content” means the content and data which Users upload to the Service, including without limitation quizzes, pictures, video, text, messages, information, user feedback, and any other content.

“Website(s)” means the Codigee website