Terms and Conditions of Use

Effective as of 5st of December 2022

1. Terms and introduction
2. Changes to the Agreements
3. Using Dized

3.1 Our Services, purchasing Content and payment

3.3 Trials, promotions and limited-time free content

4. Rights and restrictions when using Dized
5. Third Party Applications
6. User-Generated Content
7. Rights you grant us
8. User guidelines and infringement
9. Service limitations and modifications
10. Dized support and customer support
11. Subscription and paid content
12. Term and termination
13. Warranty and disclaimer
14. Limitation
15. Third party rights
16. Prior and additional agreements
17. Indemnification
18. Governing Law, Jurisdiction and Arbitration

18.1. Class action waiver

These are the Terms and Conditions for Dized. Please read them and the Privacy Policy carefully.

1 Terms

Agreements	Terms and Conditions and the Privacy Policy
Terms	This ‘Terms and Conditions’ document
Service Provider	Playmore Games Inc., creator of Dized (Opastinsilta 8E, 00520, Helsinki Finland, BusinessID: 26164257)
You	The end-user using services provided by the Service Provider, who has approved these Agreements
Content	Digital content available in the Dized App, including but not limited to Tutorials, Rules and Extras.
Tools	Dized content creation tools that allow the creation of Content
Portal	An online system where operators, including but not limited to publishers and content creators, control their presence on Dized. Portal includes the Tools and other functions to manage and view Content, pricings, analytics, user authorizations, ad campaigns and so on.
App / Dized	Dized End-User Application available on iOS, Android and Web.
Platform	The umbrella term that consists of Tools, Portal and App and any relevant web services provided by the Service Provider
Parties	You and the Service Provider, that this contract is valid between
Backer Credit	Digital currency used in the App, which was available for backers of Dized crowdfunding campaigns in 2017-2019.
Tutorial	An interactive play-along tutorial for a tabletop game, created with the Tools.
Rules	A Digital rulebook for a tabletop game, created with the Tools.
Extras	A downloadable additional content for a tabletop game, created with the Tools.
Paid Content	Content that is accessible to You only by either acquiring the digital right to use it, or by the content publisher offering a free access to it. This type of Content is typically a Dized Extra.

1.1 Introduction

By registering, signing up or using the Platform you accept the terms displayed in the Agreements and will enter into a contract with the Service Provider. By entering into the contract You acknowledge that You have read and understood the Agreements, and have accepted them. If for any reason you can not comply with the Agreements, then you can not use Dized Platform.

In these Terms we cover both the App and the Portal along with any web pages and other services we provide. Please note that the Dized Distribution Agreement is a separate document.

The most up-to-date version of the Agreements can always be found on the Dized web page.

To use Dized, please make sure that Your device meets the technical requirements. The Service Provider does not hold any responsibilities for any possible damages for devices that aren’t supported officially by Dized, or if the user is using Dized in a way not originally intended by the Service Provider.

To use the App You need to be 18 or older OR be 13 or older and have Your parents or guardians consent to the Agreements. To use the Portal You need to be at least 18 or older. In addition, You must have the power to enter into a binding contract with the Service Provider and not be barred from doing so under any applicable laws, and be a resident in a country where Dized is available.

You will also have to ensure that any information You give us when registering or signing up is accurate and You will do your best to keep them up to date.

2 Changes to the Agreements

These Agreements are subject to change at any time, but when they do, the Service Provider will inform You within an appropriate time frame either via the App, Portal or by email You have provided. After the Service Provider has given a notice about the change in the Agreements, in some cases, Your continued usage of the application will serve as an acceptance of the changes. So please make sure to read any new version of the Agreements.

3 Using Dized

3.1 Our Services, purchasing Content and payment

Downloading, and using the App is free of charge (possible operator fees not taken into account). Rules and Tutorials are free to access, but the Service Provider retains the right to show advertisements on these contents. This includes, but is not limited to, banner and video ads. Accessing such a Content does not require any form of monetary payment.

The removal of advertisements and accessing Paid Content can be done through Dized+ subscription, in-app purchases, or other similar methods. For the different Contents within Dized, it is important to notice that they might be subject to other terms and conditions, in which for example the age requirements might be different, and must be separately agreed on.

You are able to purchase subscription and digital rights to your Dized account for specific Contents in the Dized Platform and these are governed by these Agreements. Any, for example, sale or promotional code provided to you by a 3rd party might be subject to different or additional terms and conditions that are associated with the 3rd party platform or promotion.

When You provide payment information or other payment method to Dized for a purchase, you assure that you are the authorized user of this specific payment method, and that you authorize Dized (or a 3rd party operator such as Apple, Google or Stripe) to charge your payment method for the amount. This payment might include sales taxes, VAT and other applicable fees and/or taxes. You are solely responsible for any purchases made with your Dized account.

3.2 Refund and Right of withdrawal

Any purchase done in Dized is eligible for refund for 14 days after purchase, without giving any specific reason. To exercise the right you have to contact Dized via email ([email protected]). To meet the deadline, please contact us before the withdrawal period has ended. If You are eligible for a refund, we will reimburse you all payments received from you without any significant delay, and no later than 14 days after the request has been processed. We (or a 3rd party operator such as Apple, Google or Stripe) will reimburse using the same means of payment you used originally, unless otherwise agreed. There will be no additional fees as a result of the reimbursement. Note, any codes and digital purchases done through some 3rd party services not affiliated with Dized, might not fall under this Right of Withdrawal contract.

3.2 Trials, promotions and limited-time free content

The Service Provider might offer Paid Content as free from time to time as part of campaigns, promotions or free-trial periods. The Service Provider is free to end and withdraw these promotions at their own discretion. The Paid Content that is offered for free and activated on the Your account will remain on that account (unless otherwise stated). However any features or Content that were downloaded as a free-trial can be removed or disabled from the users and can no longer be used until the Paid Content is purchased. Such limitations are openly announced when announcing these promotions. (E.g. free weekend for X.) If publishers or partners other than the Service Provider offer any such Paid Content within Dized – as parts of promotions, competitions, gifts or similar, different terms and agreements might apply to these and they are separately announced.

Trial periods may be subscription based and in this case the Service Provider may require You to provide payment details to access it. If this is the case, then after the mentioned trial period ends the Service Provider may automatically charge You a subscription payment for the mentioned Content. The subscription payment information will be clearly shown when starting the trial and reminded about well in time before the trial ends. You can cancel Your trial and thus subscription at any time during the trial period from the App or by terminating Your account. If You do not, then the Service Provider will charge You monthly for the mentioned subscription fee, which You can cancel at any time before your next monthly payment. The Service Provider will not refund any fees that have already been paid for.

4 Rights and restrictions when using Dized

The Platform is the property of the Service Provider. Content published within the Platform may be property of third-parties and other companies. Such information will be indicated in the Content itself. You are allowed to use the App as you wish for personal and for limited commercial use. Limited commercial use means that You are allowed to use the basic version of the application to demonstrate Your products in fairs and in shops without special permission. You are not however allowed to sell the App or the Content within, nor distribute any such Content outside of the application in a way that it will harm the Service Provider’s business. For example, it’s acceptable to show parts of Dized tutorials in (streaming) video services, if they do not harm the Service Provider’s business and if they’re accompanied with relevant information where the Content is from. But it’s important to note that most of the Content in Dized belongs to third parties, so distributing this Content (in for example YouTube) may have separate restrictions by the owner of the copyright.

Your personal account is only meant for Your personal use. You are not allowed to share Your account with others. Violating this by sharing Your account info can lead to a temporary suspension of Your account or in extreme cases, a permanent removal of the account. Any purchases done to such an account will not be reimbursed.

You are not allowed to sell Your personal account nor the Content within unless expressly permitted by this Agreement or by Law.

An organization account can be managed by anyone who the account manager or administrator of the organization deems fit and gives access to, the Service Provider does not take any responsibility over abuse or consequences that might happen due to giving access to a wrong user.

The Service Provider and any organizations that have Content published in Dized retain their rights for that Content even after it’s installed on computers, tablets, mobile devices or similar. All Dized trademarks, names, logos, domains and such are sole property of the Service Provider. Any aforementioned copyrighted material within Dized might be property of a third-party. You are not allowed to use any of such copyrighted content for commercial or non-commercial use without an explicit permission.

5 Third Party Applications

Any possible third party applications and software running within the Platform, that are not created by the Service Provider, might have their own terms and privacy policies. You agree that the Service Provider is not liable for the behavior, operation, transactions or content of such applications. Any agreements you enter with these third party operators are not liable by the Service Provider. If these third party software do not fall under the Agreements you have to approve a separate third party license terms agreement to use such content.

6 User-Generated Content

While most of the Content creation to Dized is done in the Portal and a separate agreement governs it, as a user You might get an approval from an owner of an organization account that allows you to create, modify and upload Content to the Portal. Any Content created or uploaded under an organization account will fall under the Publishing Agreement approved by the owner of that account.

You are solely responsible for any content You create and/or upload to the Platform and the Service Provider will hold no responsibility over this. In some cases You might also be held responsible for any content that is created/uploaded to Your organization account in Dized Portal by an user authorized by You.

You warrant the Service Provider that You have sufficient rights to all the assets You upload to the Platform. This includes without limitation any kind of intellectual property or proprietary rights. You are also responsible that Your submission does not violate any applicable contract, law or regulation, and that Your Content adheres to the current Dized hardware and software specifications.

You are not allowed to use Dized Portal or any Dized services for anything else than what the service is intended to. Such disallowed usage includes, but is not limited to, using Dized Portal or any other Dized services as Your personal or commercial cloud storage.

7 Rights you grant us

You will grant the Service Provider the right to allow Dized to use the processor, bandwidth and storage of Your device that You have installed the application on. Other rights will be asked upon installing the application (such as camera access). As a subscriber to Dized+, You will also be able to grant the permission to provide advertising and other messages within the application, be they from the Service Provider or from a business companion of the Service Provider. If You consent to having Push Messages from Dized on Your device, You will also grant the Service Provider the right to send them on messaging relating to Dized or its content.

If You provide the Service Provider any ideas, feedback, suggestions, concepts, or content (excluding the Dized Portal) You accept that the input You provided is not confidential and You will authorize the Service Provider to use such data without restriction and without any payment unless otherwise agreed on by a verifiable method. This authorization grants a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable and worldwide license to use content as referred above in any way the Service Provider sees fit and in any chosen medium. Also You will agree that the Service Provider will not need to identify such content as created by You. If by any chance the Service Provider deems Your username or other credentials unfit or necessary to reclaim, You will grant us the right to do so.

8 User guidelines and infringement

Respecting intellectual property rights is important for the Service Provider, especially because the Platform is filled with third-party art and other assets. While using the service and application the Service Provider expects the same respect towards these issues as well. Please follow these rules – and if You see violations, contact the Service Provider.

The following things are forbidden:

Copying, redistributing, reproducing, transferring or extracting any Content of Dized without proper authorization.
Using Dized Content or any related service provided by the Service Provider in a way that is not expressly allowed under the Agreements or by Law.
Transferring cached, downloaded or purchased Content from one device to another.
Reverse-engineering, decompiling, disassembling or modifying the Dized Platform, including but not limited to the App, Tools or any Content.
Circumventing, selling or renting any part of Dized Portal, Content or Application.
Giving Your personal user account details and password to other people or logging in with someone else’s account.
Creating, sharing, or registering Content and/or user names that are offensive, abusive, defamatory, pornographic, illegal, promoting other services or illegal acts or threatening. As well as sharing or creating any Content that has malicious content such as malware, viruses or similar.
Creating accounts that impersonate other users or persons.
Creating a business account that impersonates other companies or businesses
Creating any competitions or promotions relating to Dized or its Content without permission from the Service Provider.
Create any scripts, apps, executable programs or other similar articles that might interfere, disturb, make vulnerable, probe, scan, hack or disrupt the Dized Platform or other users’ devices

If the Service Provider is notified that any action You have taken or Content You have created or shared violates these clauses, the Service Provider can in its own discretion either contact You and ask to remedy the situation or in some cases remove it from the system without notification to You or the provider of such Content. If any dispute should arise, contact the Service Provider. By agreeing to these guidelines You acknowledge that violating these rules might result in suspension, termination or banning of Your user account, unless otherwise agreed on.

You will also be responsible for any claims directed to the Service Provider as a result of the infringement.

The Service Provider also reserves the right to suspend your organization account in Dized Portal, until any possible complaints are remedied. In some extreme cases, accounts might be terminated.

Keep Your user credentials, account details and password secure at all times. If You believe that your credentials have been stolen, please change your password as soon as possible and if need be, contact the Service Provider.

9 Service limitations and modifications

A service like Dized might have some operational interruptions due to, for example, regular updates and patches. The Service Provider will try to make all necessary efforts to keep the Dized and the Dized Portal services running. The Service Provider reserves the right to disable functions and services permanently or in short term if deemed necessary. The Service Provider will inform You about these considerable changes appropriately and in time, when possible.

You authorize Dized to provide regular smaller updates and upgrades to the Platform that must be applied for You to be able to continue using Dized as intended. You might not even be able to continue using the service without applying an update for it through the online store from which you have installed the Platform from (such as Google Play Store or Apple App Store). Updates on the Web service are applied automatically. These updates are commonly offered without prior notification.

If You have a Dized+ subscription that the Service Provider will have to cancel due to changes in service, the Service Provider will compensate You these subscription payments for the time that is left in the subscription.

There might be cases where either the Service Provider or a third-party company will be forced to pull out, heavily modify and/or remove Content without notice.

If You have purchased Content that is removed from the Dized App, it shall remain on Your device and personal account unless otherwise stated.

However, if such Content is breaking any laws, Agreements or the Publishing Agreement, and the Service Provider needs to remove it from the Platform, the removal might extend to users’ libraries as well. Any reimbursement in such a case will be considered case-by-case.

You agree and accept that the Service Provider doesn’t have the obligation to update, support and maintain all or any specific Content.

10 Dized support and customer support

In case of any problems with the Dized Platform or any relevant service, or for customer support, You have to contact the official support in the Dized web page. The Service Provider will try to reply to queries in a reasonable timeframe. Any comments, feedback, suggestions, tips or instructions given by the Service Provider’s employees, partners or other 3rd parties in any other forum or site, than the official support page, will be considered unofficial and is given without any warranties.

Any support and issues inside a Content, displayed in the App, is primarily handled by the creator of that content.

11 Subscription and paid content

Dized supports both free and paid Content and at any point any Content previously considered free or free-trial behind can move to become a paid Content without a prior notice, or vice versa. Any Content that You purchase will be tied to Your account. This will allow You to re-download the purchased Content. However the Service Provider does not give any warranty or guarantee that the purchased Content will be exactly the same or even available in a different operating system, language or location. However, if You delete your Dized account or it is deleted by the Service Provider for the violation of the Agreements, any such Content is lost.

If Content is removed from the service in most cases it will remain on Your personal account as specified in 9 Service limitations and modifications.

With the Dized+ subscription service, You will get access to all the Paid Content, such as Extras. However, subscribers are not given a permanent digital right to a Content they use, and the access is revoked when the subscription is canceled.

12 Term and termination

These Agreements will apply until You terminate them or they are terminated from behalf of the Service Provider. As an exception, rights for user submitted content and feedback referred in the Agreements are irrevocable. If You violate these Agreements the Service Provider may terminate Your access to the Platform and suspend or delete Your account altogether. If either party terminates the Agreements, or Your access to the service is suspended, You agree that the Service Provider has no liability to You and the Service Provider is not responsible to refund any amounts that You have paid. Terminating Your account can be considered as terminating these Agreements. To terminate Your account please contact the Service Provider.

Terminating the organization account does not automatically erase the Content created under it and even in a case where it would, any users that have purchased such Content will still have the access to it, unless violations such as stated in these Agreements.

13 Warranty and disclaimer

Dized is provided as is without any guarantees or warranty, however the Service Provider strives to provide You with the best service it can. In association with the product the Service Provider makes no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, availability or of non infringement of third party rights. You use the product at your own risk. The Service Provider nor third-parties can not warrant that the service is free of malware or other harmful components. In addition the Service Provider makes no representation nor does it warrant, endorse, guarantee or assume responsibility for any third party applications or user content or any services or material advertised through the service. To the fullest extent permitted by applicable law, the Service Provider and all owners of the Content make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. You understand and agree that the Service Provider is not responsible or liable for any transaction between You and third party providers of third party applications or products or services advertised on or through the Dized service. As with any purchase of a product or service through any medium or in any environment, You should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by You from the Service Provider shall create any warranty on behalf of the Service Provider in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law. This does not affect Your statutory rights as a consumer.

14 Limitation

If You do not wish to keep using the App or are unhappy with it, please, stop using it. To the fullest extent permitted by law, in no event will the Service Provider’s shareholders, employees, subsidiaries, affiliates, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (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 Dized service, third party applications, or third party application content, regardless of legal theory, without regard to whether the Service Provider has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the Dized service, third party applications, or third party application content to the extent permissible by applicable law.

The Agreements do not remove the Service Provider’s liability for fraud, misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdiction if prohibited by applicable law.

15 Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against You. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except You and the Service Provider, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person. If You have downloaded the App from the Apple, Inc. (“Apple”) App Store or if You are using the App on an iOS device, You acknowledge that You have read, understood, and agree to the following notice regarding Apple. This Agreement is between You and the Service Provider only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then You may notify Apple and Apple will refund any applicable purchase price for the App to You; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or Your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) 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 (2) You are not listed on any U.S. Government list of prohibited or restricted parties.

16 Prior and additional agreements

These Agreements supersede any prior Agreements, whether written or oral. Note, there might be additional Agreements You need to abide by when using certain Content in Dized, to the extent that there is no irreconcilable conflict between the Terms, the additional terms shall prevail.

17 Indemnification

You agree to indemnify to the fullest extent the Service Provider harmless from and against all damages, losses or expenses including attorney fees and costs that originate from Your breach of this agreement, user content or Your violation of rights or laws or third party Agreements.

18 Governing Law, Jurisdiction and Arbitration

The Finnish law is the governing law that covers this Agreement, Dized Platform and any possible arbitration. Any dispute arising out of or in connection with this Agreement shall be first negotiated for a solution and finally settled in arbitration by one (1) arbitrator to be held in Helsinki, Finland, in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The Finland Chamber of Commerce shall nominate the sole arbitrator. The arbitration proceeding shall be in the English language unless all parties of the dispute agree to use Finnish language. In any case evidence may be submitted also in Finnish and witnesses heard in Finnish. The Client may appear by phone or similar method of communication, if permitted by the arbitration society/arbitrators, at any proceedings.

18.1 Class action waiver

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND THE SERVICE PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Unless both You and the Service Provider agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Playmore Games Inc. Opastinsilta 8 E 00520 Helsinki / Finland VAT: FI26164257 | support(AT)dized.com

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