Information about Scapin

These terms and conditions (the "Terms") are applicable to all services provided by Scapin Labs AB (559317-9731) ("Scapin", "us", "our" or "we") to our customers ("you").

Scapin is a social communication app for virtual identities in virtual worlds.

Contact information

You may contact us by using any of the contact details set out below ("Contact Information"):

Telephone number: +46709997068

Email address: hello@scapinlabs.com

You can also contact us through the Scapin' Discord server.

Agreeing to the Terms

By creating an Account and using the Services you agree the Terms. If you do not agree to these Terms, you must not create an Account or use the Services.

Changes to the Terms

We may modify these Terms at any time. In the event of changes, you will be notified via email or via the App. We will then inform you that it is important to object if you do not approve of the changes. If we do not get such objection within thirty (30) days after the changes were communicated, we will assume that you approve of the changes. We will also assume that you accept the changes where you enter into an agreement for the Services with us by, for example, by continuing to use the Services, after the new conditions have been submitted. The latest version of the Terms will be available on the Site and in the App.

Definitions

"Apple" means Apple Distribution International Ltd., located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, or any other Apple group company otherwise applicable in accordance with Apple Media Services Terms and Conditions.

"Appstore" means the service, application and store provided by Apple and where the App can be downloaded and installed on Apple products.

"Account" means the account that you register and create on the Site and/or in the App.

"App" means our application accessible via computer or mobile device relating to the Services.

"Contact Information" means the information set out above.

"Functions" means the Site, the App, your Account and the Services, jointly.

"Privacy Policy" means our Privacy Policy (https://www.scapin.xyz/privacy-policy) which describes how we process personal data.

"Services" means the services described under section "Services" below which we have made available through the Site, and the App, together with any such other related goods, equipment, services and information made available by us to you.

"Site" means our website (https://www.scapin.xyz) relating to the Services.

Description of the Services

We provide a social communication app for virtual identities in virtual worlds (the "Services"). More information about the Services can be found on the Site and in the App.

Setting up an Account

For ordering of the Services, you must create an Account. You are not allowed to transfer the Account to others, and you may only sign up one (1) Account. Once an Account has been created, the Services will be available and ready to use or order, as instructed on the Site and in the App.

Order Services

The Services shall be ordered in accordance with the instructions on the Site and the App.

Our confirmation of your order will take place when we email you and/or send you a confirmation in the App, at which point a contract will come into existence between you and us. If we are unable to confrim your order, we will inform you of this in writing and not charge you anything.

Delivery of Services

During the order process we will let you know when and where we will provide the Services.

Eligible customers

We offer the Services to individuals acting as consumers (as defined under applicable local law).

You may not order the Services or use any of the Functions if you are below eighteen (18) years of age, unless you have legal permission from your legal guardian.

Use of the functions

When you use the Functions, you must always comply with all applicable laws (such as the Swedish Penal Code (Sw. brottsbalken), the Swedish Camera Surveillance Act (Sw. kamerabevakningslagen) and the GDPR (Sw. dataskyddsförordningen)), regulations and public orders. You shall not access the Site or the App other than through interfaces provided by us and as otherwise expressly authorised under these Terms. You may not use the Functions in a manner contrary to our, or any third party's, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.

You agree to be responsible for all activities that occur under your Account. Credentials for your Account must be kept secure at all times and you are forbidden to share data relating to your Account with any third parties. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately by using any of our Contact Information.

We may have to suspend the supply of any of the Functions to:
- Deal with technical problems or make minor technical changes; or
- Update changes to the Functions to reflect changes in applicable laws and regulatory requirements.

We will contact you in advance in case we need to suspend the supply of any Services. This does not apply if the problem is urgent or an emergency.

We are entitled to decline or adjust an order from you and close down your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account. This shall also apply if you fail to comply with these Terms (for example if you have not paid for the Services in time) or other mandatory provisions by law. Upon occurrence of any of these events, we will contact you and request that you remedy your breach of these Terms.

Your provision of content

The Site and/or the App include(s) functions for uploading and storing of files and other information provided by you ("Content"). You are responsible for all distribution and other actions by you and in your Account.

By uploading Content to the Site and/or the App , you warrant a) that you are the owner of the uploaded Content or b) that you are entitled to manage the Content in such way and that the Content or your use of the Content in no way violates any applicable legislation. We will not supervise whether any Content is lawfully uploaded or distributed through the Site and/or the App.

By adding Content to the Site and/or the App, you are aware that, depending on the settings of your Account, such Content might be shared with others. We are not liable for any loss of Content and we advise you to always keep your own backup. We do not take any responsibility with regards to the validity of Content provided by you.

Obligations in relation to Apple

By creating an account, you are provided with a license to use the App, and you confirm that this license cannot, or shall not, be transferred to anyone.

Additionally, you confirm the following:
- That these Terms are only applicable in relation to the Scapin Labs AB, and that they are not applicable in relation to Apple.
- That this license can only be used on such Apple products that you own or control (without limitation to if the App is allowed to be used and can be used by other accounts connected by Family Sharing or by volume purchases) and that you may only use the App in accordance with the terms and conditions applicable to the Apple product on which you have installed the App (Apple's "Usage Rules") available here.
- That Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App or the Services.
- That Apple has no warranty obligations whatsoever with respect to the App, and that any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty in relation to the App or the Service, is the sole responsibility of the Scapin Labs AB.
- That, in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you.
- That the Scapin Labs AB, not Apple, is responsible for addressing any claims from you or any third party relating to the App or the your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application's use of the HealthKit and HomeKit frameworks.
- That, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Scapin Labs AB, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- That you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- That you must comply with any and all applicable third-party terms of agreement when using the App
- That Apple, and Apple's subsidiaries, are third party beneficiaries of the Terms, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

No payment will be made by you for the Services.

Term

The term for our Services commences upon ordering of the Services and shall remain in force until terminated by you with immediate effect.

Termination

Upon termination, your right to access the Services will be revoked immediately. We will also delete or anonymise any personal information about you, with exception for any personal information that we are required to keep by law.

Any Services still ongoing upon termination shall be carried through in accordance with these Terms. Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.

To terminate the Services such termination shall be made in writing and by contacting us using the Contact Information. Should you cancel the Services prior to its completion, section Cancellation shall be applicable. Notwithstanding the above-mentioned, the Services will be deemed terminated when the Services has been completed.

Warranty

We warrant that we will, where applicable:
- Perform the Services professionally and with the correct and necessary competence.
- Take care of your interests and consult with you in order to avoid misunderstandings where necessary.
- Ensure that the Services are not performed in breach of the Swedish Product Safety Act (Sw. produktansvarslagen), the Swedish Consumer Services Act (Sw. konsumenttjänstlagen) or the Swedish Marketing Act (Sw. marknadsföringslagen).
- Inform you in the event additional work is required.
- Discourage you from using the Services in the event these are not of use for you.

Defects

The Services are defect in the following events:
- The result has not been professionally performed.
- We have not performed the Services in accordance with applicable security regulations, or in breach of the Swedish Product Safety Act or the Swedish Consumer Services Act.
- The Services are not in accordance with what we have agreed.
- We have not performed additional work which was necessary in order to avoid material damage.
- The result is not in accordance with information provided in our marketing.

Complaints

In the event that you consider the Services to be defect, you may make a complaint by using any of our Contact Information. You have to make the complaint within reasonable time (within two (2) months will always be considered as reasonable). You cannot make complaints in relation to defects discovered more than three (3) years after the completion of the Services.

Your rights in the event of defects

In the event of defects, you may:
- Require that the defect is corrected (normally without any cost for you).
- Require price reduction (corresponding to what it would cost you to have the defect corrected).
- Where the purpose of the Services has forfeited, and we ought to have understood that - you may terminate the agreement.
- Claim damages (you may claim economic damages for any damage caused by the defect).

Delay

Sometimes we may not complete the Services within the period agreed between us (and you have not caused this delay). You can in the event of delay:
- Require that we fulfil the Services.
- Where the purpose of the Services has forfeited, and we ought to have understood that - you may terminate the agreement.
- Claim damages (you may claim economic damages for any damage caused by the delay).

Cancellation

If you cancel the Services before they have been completed, we are entitled to compensation for the part of the Services that have already been performed, including reimbursement for services which we must provide due to the cancellation. We may also claim compensation for losses for the remaining part of the Services and loss of income for not being able to perform other work.

Third party services as a part of our Services

Sometimes we may rely on third party services and/or product providers. Such providers act beyond our reasonable control and we shall not be held liable for any damages caused by an action or omission attributable to them.

We only supply the Services to you for private use. You may not use the Services for any commercial, business and/or re-sale purposes.

Defects and delays beyond our control (force majeure)

We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received.

Obligations and responsibilities in relation to Apple

We confirm the following:
- That the Scapin Labs AB, not Apple, is responsible for the App and the Services, and that the Terms are not applicable in relation to Apple.
- That Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App or the Services.
- That the Scapin Labs AB, not Apple, is responsible for addressing any claims from you or any third party relating to the App or the your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application's use of the HealthKit and HomeKit frameworks.
- That the Scapin Labs AB is solely responsible for any product warranties, whether express or implied by law.
- That, in the event of any third-party claim that the App, or your possession and use of the App, infringes that third party's intellectual property rights, the Scapin Labs AB, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- That Apple, and Apple's subsidiaries, are third party beneficiaries of the Terms, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as a third-party beneficiary thereof.

Right of withdrawal

As the Swedish Distance and Doorstep Sales Act (Sw. distansavtalslagen) is not applicable, you do not have right of withdrawal (Sw. ångerrätt).

We process your personal data in accordance with our Privacy Policy.

Our rights

The Site and the App are owned and operated by Scapin. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes etc.) are our property or third party licensors' property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our written consent.

Respect for our property

You must not tamper with, attempt to gain unauthorised access to, modify, hack, repair or otherwise adjust any of our material, hardware, source-codes or information for any purposes.

Respect for our intellectual property

The Services and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our written consent.

Swedish law shall apply to these Terms and our legal relationship in general.

If you have any complaints, please contact our support department by sending an email to hello@scapinlabs.com.

We will always first try to solve your complaints through discussions between you and our support department. In the event of a complaint or dispute you may, however, always contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden).

Disputes regarding the interpretation and application of these Terms shall be resolved by the National Board for Consumer Disputes or by the competent ordinary court.

Please also note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at ec.europa.eu/consumers/odr.

Scapin Labs AB is an entity registered in Sweden.

Registered address: Nybrogatan 8, 11434 Stockholm

Reg. No: 559317-9731

VAT Reg. No: SE559317-973101