Warm welcome as a new user and subscriber of Zcooly. We want you to feel safe, and therefore it is important that you read through our subscription terms, including the privacy policy. This is because it tells you what rights and obligations you have and see how we use your personal data. At Zcooly, we value your personal privacy and always strive for a high level of data protection. Welcome to the world of Zcooly, we hope that your family will experience lots of fun learning.

1. Subscription Terms

These subscription terms, including the privacy policy (hereafter referred to as ”Subscription Terms”), are established by Zcooly AB, Swedish org. No. 556907-5137. The terms apply to you as a private individual or legal entity who has registered as a user in Zcooly’s internet services and applications (collectively, ”The Service”), or entered into a separate subscription agreement for the use of The Service. The terms and any separate subscription agreement together constitute the agreement (”The Agreement”) that has been concluded between the Customer and Zcooly AB.

For Customers under 18 years old:

If you as a Customer have not turned 18, you and your guardian must approve these subscription terms. By approving these terms, you as a guardian for a Customer under 18, confirm that you give your consent for The Agreement to be entered into between Zcooly and the Customer. Zcooly reserves the right to contact guardians to confirm that valid consent has been given.

2. Service and Payment

2.1 The Service
The Service refers to Zcooly’s digital services, including all functionality, all interfaces, and all content. This includes all text, music, images, and films, as well as all data and software that Zcooly makes available through The Service on websites and in various applications. Some parts of The Service may occasionally be provided for free. You can read more about The Service by visiting our website www.zcooly.com.

2.2 Changes to the Service
Zcooly reserves the right to freely change and update The Service at any time, meaning that, for example, The Service’s content, structure, functionality, and search system may change over time.

If a change to The Service has not been notified by Zcooly at least 1 month in advance and it substantially impairs your use of The Service (e.g., if your teaching material is completely removed from The Service), you have the right to terminate The Agreement. If you are using the Paid Service, you can also demand a refund of the already paid subscription fee up to a reasonable amount equivalent to what remains of the ongoing subscription period. You can only request a refund if you also cancel The Agreement (see point 4 below for how to do this). If you continue to use The Service after a change has occurred, you will be considered to have accepted the change. In addition to what is stated above, you accept that you cannot claim any obligations whatsoever from Zcooly, due to The Service being changed in the manner described above.

2.3 Codes and Other Prepaid Services
Codes, gift cards, prepaid offers, and other similar offers providing access to the Paid Service (hereinafter ”Codes”) may be provided or sold by or on behalf of Zcooly. If you use a Code to access the Paid Service, you may be notified that specific terms apply to the Code, which may also include terms for your access to The Service. You hereby agree to comply with all such specific terms, which will be considered part of The Agreement between you and Zcooly.

2.4 Free Variants
From time to time, we, or others on our behalf, may offer free variants of The Service for a certain period, without payment requirements or at a reduced price where you simply get to try it out for free. The purpose of free variants is to allow users to try The Service, or parts of it, for a limited period to form an opinion about The Service. Zcooly reserves the right to change or withdraw free variants at any time without notice and without liability, to the greatest extent permitted by applicable law.

For some free variants, we will require you to provide your payment details to start the free variants. Once such a free variant ends, we may automatically begin to charge you for usability as a paid subscription from the first day after the end of the free variant, on a recurring period basis. By providing your payment details in connection with signing up for the free variant, you accept that we will charge you this fee using said payment details. If you do not want this fee, you must cancel the current subscription or close your account before the free variant expires on the My Account page. If you do not want to be charged on a recurring monthly basis, you must cancel the current paid subscription or close your account before the current payment period ends on the My Account page. Paid subscription cannot be canceled before the end of the period you have already paid for.

3. License Grant and Your Rights

3.1 Intellectual Property Rights

The Service and all intellectual property rights attributable are owned by Zcooly and/or Zcooly’s licensors. All rights not expressly granted to the Customer under the Agreement are reserved by Zcooly. Therefore, the Agreement does not mean that any intellectual property right, or part thereof, other than the usage right specified in the Agreement, is transferred to the Customer. This also means that you are not entitled to analyze, investigate, modify, copy, distribute, sell, or otherwise dispose of the Service in any other intellectually relevant way, other than as provided for by this Agreement or mandatory applicable law, or if you have obtained Zcooly’s prior written consent to such disposition.

3.2 License Grant

Zcooly does not permit misuse of the Service during the contract period (see section 4 below for contract duration) under the conditions stated in this Agreement and with the rights and limitations that result from you either having activated the Paid Service or using the Free Service. The license is granted to a specific named person, or to a certain number of users, in accordance with what is agreed in any separate subscription agreement or at the Customer’s registration. The following terms also apply to private individuals and legal entities:

1. A) Private Individual Users with a private subscription have the right to use the Service for individual use. Each user account is personal and may not be shared with others. Access to the Service is obtained when registration is completed and the Terms have been accepted. The Service is considered delivered when the Customer has access to the Service after registration has been completed and the Terms have been accepted.
2. B) Legal Entity Users with a subscription via a legal entity have the right to use the Service for the number of users agreed upon when signing any subscription agreement. The Customer is responsible towards Zcooly for ensuring that its users comply with this Agreement. Access to the Service is obtained when registration has been completed, the Terms have been accepted, and necessary information for access to the Service has been received by a contact person appointed on behalf of the Customer via e-mail. Necessary information for access to the Service will be sent as soon as contact details have been provided by the Customer and registered by Zcooly. The Service is considered delivered when access information for the Service has been sent to the Customer.
3. C) Use of the Service in Schools Content such as pedagogy, hints, tests, text, image, and film material offered in the Service and produced by Zcooly may be used freely in schools that are Customers and pay for licenses per student and per teacher. This based on the number of students and teachers at the beginning of the school year or when the Agreement was entered into for the use of the Service. This means that teachers who have registered for the Service may print and copy material for use with their class(es), and students may use material from the Service in group work and presentations at school.

3.3 User Content

You retain ownership and any intellectual property rights to such content that you may create within the Service and all feedback that you otherwise provide to Zcooly (”User Content”) but by entering this Agreement you do not offer a license to Zcooly for the Service to be misused during the contract period to use such User Content for the purpose of further developing and marketing the Service. This includes that the Customer does not have the right to modify the User Content and sublicense it to third parties. You acknowledge and agree that this license persists even if the Agreement is terminated, regardless of the reason for such termination.

4. Contract Duration, Termination, and Suspension

4.1 Contract Duration and Termination without Specific Reason

This Agreement remains valid until terminated by either you or Zcooly. Both parties can terminate the Agreement and your use of the Service at any time and without specific reason. If you use the Paid Service, this Agreement and your right to use the Service will cease once your current paid subscription period expires. If you use the Free Version, the Agreement and your right to use the Service will end immediately.

4.2 Termination Due to Breach of Contract

Zcooly has the right to terminate this Agreement immediately if the Customer violates the Agreement in any significant way. You acknowledge that you may be liable to compensate Zcooly for any damage they suffer as a result of a breach of contract, for example, if you misuse the Service in violation of the license conditions in point 3 above or enable others to gain unauthorized access to the Service.

4.3 Temporary Suspension of the Service

Zcooly may temporarily restrict or suspend your access to the Service from time to time, possibly due to maintenance of the Service. Zcooly also has the right to block your access to the Service if there is reasonable suspicion that you have used the Service, its content, or Zcooly’s intellectual property in violation of these Terms, or otherwise breached the Agreement. Zcooly also has the right to block your access to the Paid Service, or replace it with the Free Service, until payment is made if you do not pay your subscription fee on time.

4.4 No Compensation

If you or Zcooly terminate the Agreement, or if Zcooly terminates your access to the Service as stated above, you accept that Zcooly has no liability or obligations towards you and will not refund any amounts you have already paid, except in the cases mentioned in point 2.2 above.

4.5 Subscription Cancellation

To cancel your subscription, go to https://login.zcooly.se/subscription in a web browser and log in. Click on ”My Account” and then on the ”Subscription” tab. To cancel your subscription, click on the link: ”Cancel subscription”.

5. Right of Withdrawal

You as a consumer have the right to withdraw within 14 days after the subscription agreement has been signed. If the Customer wishes to exercise the right of withdrawal within this timeframe, the Customer can cancel their subscription on the My Account page.

6. Assignment and Transfer

The Customer is not entitled, without Zcooly’s consent, to assign or transfer their rights or obligations under the Agreement. Zcooly has the right to assign the Agreements or any part of them and Zcooly has the right to delegate some or all of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sublicense your rights under the Agreement to any third party.

7. Use and Responsibility

The Customer may not use the Service in violation of the Agreement or applicable laws and regulations. The Customer commits to not disclosing usernames and passwords to any unauthorized person and ensuring that documents such as usernames and passwords for the Service are stored in such a way that unauthorized persons cannot access them. The Customer must immediately notify Zcooly if unauthorized persons have gained access to this information. If Zcooly can confirm that the Customer’s username and password are being misused, Zcooly also has the right to assign the Customer a new username and password.

8. Personal Data, Confidentiality, and Cookies

Reference: EU General Data Protection Regulation, GDPR (679/2016)

8.1 Your Security is Important to Us

At Zcooly, we care about your personal privacy and always strive for a high level of data protection (e.g., we would never sell your personal data to another company). This privacy policy explains how we collect and use your personal information. It also describes your rights and how you can enforce them. It is important that you read and understand the privacy policy and feel secure in our processing of your personal data. You are always welcome to contact us with any questions.

8.2 Processing of Personal Data

The purpose of processing your personal data is primarily to fulfill our obligations to you but also to comply with laws and agreements. Therefore, we may need to share your personal data with a third party, provided that we are obliged to do so by law. Our starting point is to not process more personal data than necessary for the purpose it was collected for, and we always strive to use the least privacy-sensitive data. We also need your personal data to provide you with good service, for example in terms of support, follow-up, and information. You have the right to object to us using your personal data for direct marketing. We save your data for 36 months after contact has ended.

8.3 The Personal Data We Store Includes:

• Username
• Email address
• First and last name in some cases
• Birth year in some cases
• IP address

When kids play Zcooly, we stores their name if you choose to give it to us to personalize your experience. We also store their birth year and month to tailor the educational content to them.

8.4 The Legal Basis for Processing Your Personal Data is:

• Contract, in cases where we have an agreement with you as a customer.
• Consent, in cases where you subscribe to our newsletter, when you register to log in to Zcooly and play our learning games, when we photograph or film for our digital channels, and when you register for one of our events.
• Balancing of interests, in cases where you apply for a job with us.

8.5 Who is Responsible for the Personal Data We Collect?

Zcooly AB, org. no. 556907-5137, with address Bror Nilssons gata 4, 417 55 Gothenburg, Sweden, is the data controller for the company’s processing of personal data.

8.6 Your Rights

You have the right to request that your personal data be deleted and to request that it be changed if it is incorrect or incomplete. You also have the right to request a record of the information we have about you. A request for a record should be sent to dataskydd@zcooly.se. If you have any questions regarding this privacy policy or believe that we have in any way failed in our handling of your personal data, you can contact our data protection officer at the same email address. You can also submit complaints to the Data Inspection.

9. Payments

By choosing ’Start trial period’, you consent to Zcooly charging your card or other payment method per their terms. Stripe securely stores and encrypts your card and personal data to support your subscription. Proceeding indicates your consent. Safe and encrypted payment.

If you sign up to Zcooly through Apple Subscription, payments are handled by Apple.

10. Notices

Messages from Zcooly to the Customer sent to the Customer’s specified email address and/or to the Customer’s specified mobile phone number shall be considered to have reached the Customer one day after the message was sent. It is your responsibility to notify Zcooly if you change your contact details, and Zcooly is entitled to rely on the contact details you have registered with Zcooly being correct. Zcooly may periodically send you emails with information about your progress in your playing, news in the service, or tips to enhance your experience with Zcooly. You can contact Zcooly at any time and request not to receive these emails anymore or change your setting in through https://login.zcooly.com/account

11. Liability and Limitation of Liability

Zcooly guarantees that they have the right to grant a license to the Service under these Terms. Zcooly does not assume any responsibility for any errors or deficiencies in the content of the Service or its availability, and you acknowledge that no software or digital service is completely error-free and that bugs can occur in the Service.