Last updated: 15 January 2018

Terms of use

  1. General

    1. These terms of use (“Terms of Use”) governs your use of the service that Zynapp Aktiebolag (org nr 556972-0286) (“Zynapp”) provides through the application Zynapp (the “Application”).

    2. These Terms of Use governs your use of the Application, including all features and content associated therewith. These Terms of Use and Zynapp’s privacy policy (https://zynapp.com/privacy) and any additional terms that you agree to, constitute the entire agreement between you and Zynapp (together the “Agreement”). By accepting these Terms of Use and/or by using the Application you accept to be bound by the Agreement and all use of the Application shall be conducted in accordance with the Agreement.

    3. You may only enter into the Agreement if you are at least 16 years old.

  2. Registration of user account

    1. In order to obtain access to the Application, you must download the application, register and create a user account (“User Account”). You are responsible for making all arrangements necessary for you to have access to the Application. In order for the Application to work correctly, it requires that you allow the Application to integrate with at least one Third Party Application (defined in section 10 below). You can choose which Third Party Applications that you wish Zynapp to integrate with by using the switch for each Third Party Application.

    2. You are responsible for that the contact information and other information that you provide when creating your User Account is complete, true and accurate and you agree to keep these updated and current.

    3. You understand that you are responsible for all actions taken of your User Account on the Application. You are responsible for ensuring that no third party obtains access to your login information and you agree to immediately notify Zynapp if you have reason to believe that a third party has gained access to the login information to your User Account. Zynapp reserves the right, but is not obliged, to block access to your User Account if Zynapp has reason to suspect that your account is being misused by an unauthorized party.

    4. To terminate your User Account and thereby terminate the Agreement you need to complete the following steps; (i) open the Application, (ii) enter the “Account”-view, (iii) choose “Delete this account” and follow the instructions. Thereafter, you delete the Application from all your devices. If you are a Zynapp Premium user (see section 4 below) you also need to unsubscribe in AppStore or Google Play. When you have completed all of the above listed steps the Agreement will be terminated.

    5. After sending your request to terminate your User Account you will no longer be able to access your account in the Application and your User Account and all your data will be completely deleted. You will get a confirmation message on your screen once the User Account is terminated.

  3. Use of the Application

    1. You may only use the Application in accordance with applicable law, the Agreement and any other instructions or terms provided in the Application, on Zynapp’s website(www.zynapp.com) or otherwise communicated by Zynapp.

    2. You may not breach, circumvent, delete or affect any technology or security systems used by Zynapp to protect the Application and the content in the Application. Further you may not act in any manner that could disable, overburden, impair or damage the Application or act in any other manner that could damage Zynapp or other users of the Application.

    3. Zynapp is not responsible for any faults in the Application arising due to you not having the necessary equipment, hardware or software and/or internet capacity. Zynapp reserves the right to change the technical requirements from time to time.

    4. The Application may only be used for the intended purpose and in accordance with Zynapp’s instructions, the Agreement and these Terms of Use. In case of other uses or if the use causes damage to Zynapp, Zynapp is entitled to immediately suspend your access and use of your User Account in the Application. If correction has not been made within fourteen (14) days from the time of suspension Zynapp is entitled to, with immediate effect, by written notice terminate the Agreement.

  4. Price and payment

    1. The Application comes in two versions, Free and Premium. Zynapp Free is free of charge and Zynapp Premium costs 79 Swedish crowns a month (or the equivalent currency in your specific country).

    2. Zynapp Free gives you access to Third Party Applications that provide images and music and you can store up to 6gb of data for free. Therafter, new data will be added and the older data will be archived.

    3. Zynapp Premium gives you access to all files in all Third Party Applications Zynapp provides (except videos) and you can store up to 1tb of data. You are charged 79 Swedish crowns a month in advance through your AppStore or Google Play-account and you can quit your Premium subscription at any time.

    4. If you have either filled up the 6gb of data in free, or if you’ve downgraded from a Premium to a Free account, your archived data will be saved for three months from the date you filled up your storage in Free or downgraded your account from Premium to Free.

    5. If you want to cancel your Premium subscription but keep the Free-version of your User Account, you need to cancel the subscription in AppStore or Google Play since they handle all the payments.

  5. Act on Distance Contracts and Off-premises Contracts

    The Act on Distance Contracts and Off-premises Contracts (2005:59) (“Distance Contracts Act”) applies to the Agreement. By accepting these Terms of Use and/or by using the Application you confirm that the Agreement regards digital content which is supplied by downloading the Application and you consent to that you do not have any right to withdraw under the Distance Contracts Act.

  6. Changes to prices and these Terms of Use

    1. Zynapp reserves the right to, at any time, change prices and/or these Terms of Use. Zynapp will notify you of any non-trivial changes, within a reasonable time before the changes enter into force, by email to the email address you have provided when creating your User Account, through a message in the Application or through a publication on Zynapp’s website.

    2. If you do not accept the changes, you have the right to terminate the Agreement in accordance with section 2.4 with effect no later than the date the changes enter into force. Your continued use of the Application after the changes has entered into force will constitute your acceptance of the new version of the Terms of Use.

    3. In certain cases, Zynapp is entitled to change the Agreement with immediate effect where such change is due to decisions from public authorities, or legislative or regulatory changes that Zynapp needs to comply with or which causes Zynapp to incur manifestly increased costs. If you do not accept such change, you have the right to terminate the Agreement in accordance with section 2.4 above with effect no later than the date the changes enter into force.

  7. Availability, maintenance and modifications of the Application

    1. Zynapp is constantly striving to improve the Application. For that reason, Zynapp reserves the right to, at any time without accountability and without liability to you, and without duty to provide you with a prior notice, update, support, upgrade, modify, temporarily or permanently limit or discontinue the Application or the access to the Application.

    2. You understand and accept that Zynapp may perform automatic electronic updates of the version of the Application that you use on your device.

    3. The Application is normally available 24 hours a day. Zynapp provides the Application “as is” at a given point in time and you understand that the scope of and functions in the Application, such as the Application’s layout, content or functionality, may change at any time without prior warning. Zynapp intends to provide the Application, as far as possible, without technical disturbance or errors; however, Zynapp provides no guarantee that the Application will be free from defects or stoppages. Zynapp provides no guarantee that errors will be corrected or that the Application or the server on which it is located are free from viruses or other malicious content. Maintenance, further development and/or other disturbances may limit and/or occasionally prevent you to use the Application.

    4. You understand, agree and accept that Zynapp has no obligation to maintain, support, upgrade or update the Application, or to provide any specific content through the Application.

  8. Specific regarding the Application

    1. The Application is currently being provided for Android based and iOS based devices and is available via Google Play and App Store.

    2. You agree to use the Application in accordance with Google Play’s and App Store’s terms of use.

    3. You understand that Google Play and/or App Store do not have any obligations or responsibilities in relation to the Application or under the Agreement.

  9. Intellectual property rights

    1. Zynapp, Zynapp’s suppliers and/or its licensor’s holds all rights, including intellectual property rights (including but not limited trademarks, copyright, inventions, patent and source code and functions in the Application), in the Application. You receive a limited, non- exclusive, non-transferable, non-sublicensable, revocable license to use the Application during the term of the Agreement.

    2. You may not copy, reverse-engineer, decompile, disassemble, change, reproduce, transfer or process the Application, except where explicitly permitted by law.

    3. You understand that Zynapp retains ownership to all copies of the software, even after the software is installed on your device. Zynapp has the right to assign the license, either in whole or in part, to a third party.

    4. Any third party software included in the Application is licensed to you either in accordance with these Terms of Use, or in accordance with the relevant third party’s licence terms for such software. You are required to observe and comply with the terms of use applicable to such third party software when using the Application.

    5. Zynapp reserves the right to take legal actions against anyone that infringes Zynapp’s rights, including Zynapp’s intellectual property rights.

  10. Third Party Applications

    1. The Application is integrated with third party applications, websites and services (”Third Party Applications”). You can choose which applications you wish Zynapp to integrate with by using the switch for each Third Party Application. These Third Party Applications may have their own terms of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms of use and privacy policies. You understand and agree that Zynapp does not endorse and is not responsible for the behaviour, features or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Application. Zynapp is not responsible for any damage that may occur in connection with your use of Third Party Applications. Thus, your use of Third Party Applications is at your own risk.

    2. Zynapp is not responsible for any products or services sold on any third party’s websites or applications.

  11. Infringement and reporting

    1. Zynapp respects the rights of intellectual property owners. As far as Zynapp are aware the Application or Third Party Applications does not infringe any third party’s or Zynapp’s rights, or breaches any intellectual property laws or the Terms of Use.

    2. If you believe that any content available in the Application is in breach of any intellectual property laws, e.g. if you believe that copyrighted material has been copied in a manner that infringes copyright, please let Zynapp know immediately. Please find Zynapp’s contact information under section 18.

  12. Limitation of liability

    1. Your use of the Application is at your own risk and you are solely responsible for any damage to your device or loss of data that may occur when using the Application.

    2. Zynapp is only responsible for any direct damages caused by Zynapp’s negligence. You are not entitled to any compensation for any indirect damages, such as loss of profit, third party damage, loss due to operational failure, loss of data or any other consequential damage, unless Zynapp has acted with intent or gross negligence or if such liability cannot be limited under applicable law.

  13. Term and termination

    1. The Agreement is valid for as long as you have a valid User Account and/or uses the Application. You are entitled to terminate your User Account at any time, in accordance with section 2.4 above.

    2. In addition to what is stated in section 3.4, Zynapp is entitled to terminate the Agreement with a thirty (30) days’ notice if Zynapp:

      a) decides to, either in whole or in part, stop providing the Application; or

      b) has other reasonable ground to terminate the Agreement.

  14. Force majeure

    Zynapp will not be liable for any damage suffered or incurred by you due to an event outside Zynapp’s control, such as an enactment, labour dispute, mobilisation, act of terror, war, embargo, rebellion, riots, fires, floods, lightning strike, natural disaster, brake in, hacking, government provision, failure, shortage or delay in energy supply or other equal events. In addition to what is in general considered as an event outside Zynapp’s control, an event that makes the provision of the Application more expensive or burdensome for Zynapp compared to the initial conditions shall also be considered as an event outside Zynapp’s control.

  15. Severability

    Should any provision in these Terms of Use be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect the remaining provisions of these Terms of Use or mean that any of the remaining provisions of these Terms of Use shall be considered invalid or unenforceable and the application of such provision shall be enforced to the extent permitted by law.

  16. Assignment

    You may not assign your rights and obligations under the Agreement to a third party. Zynapp has the right to assign its rights and obligations under the Agreement to a third party.

  17. Governing law and jurisdiction

    1. The Agreement shall be governed by and interpreted in accordance with, at each point in time, applicable Swedish law, without giving effect to any choice or conflict of law provision or rule.

    2. Any dispute arising out of, or related to, the Agreement that the parties are unable to settle themself may be settled by the Swedish Board for Consumer Complaints. However, a party is always entitled to have the dispute tried by the general courts of Sweden.

  18. Contact information

    Zynapp Aktiebolag

    Visiting address: Drottninggatan 32, 652 25 Karlstad Postal address: Box 5005, 650 05 Karlstad

    E-mail: info@zynapp.com