Legal 2018-03-26T10:17:17+00:00

LEGAL

Terms of Service & Privacy Policy

LEGAL

Terms of Service
& Privacy Policy

Plotagon® Terms of Use

These terms of use (the “Terms of Use”) together with the applicable Privacy Policy sets out the terms and conditions governing your visits, access and use of the Services (as defined below).

The Services are provided by Plotagon Production AB, a Swedish corporation, and its affiliated entities, and each of their present, former and future parent companies, predecessors, successors, assignees, subsidiaries, owners, officers and directors (whether acting in such capacity or individually), agents and attorneys (collectively, “Plotagon®”, “we”, “our”, us).

Please note that by entering the Website (defined below) and/or downloading and using the Software (defined below) you agree to abide by these Terms of Use. Plotagon® owns all intellectual property rights in and to the Services and permits you to use the Services only in accordance with these terms. Your use of the Services constitutes your acceptance of the Terms of use. If you do not agree to the Terms of Use, please do not use the Services. If you have any questions or concerns you can contact us at:

Plotagon Production AB
Grev Turegatan 9, 2tr
114 46 Stockholm
Sweden

The Services we provide

The “Services” consists of Plotagon®’s downloadable software for desktops, tablets and mobile handsets including both Plotagon® Story and Plotagon® Education (the “Software”) which enables end users to write movie scripts, record dialogue and make animated stories and the Plotagon® website (the “Website”) where, among other things, the users can display their animated stories, watch other users’ animated stories, and interact with other users. The purpose and intent of the Services is to enable end users to write movie scripts, record dialogue and create animated movies, and to share these animated stories with other users and/or non-users as set forth in these Terms of Use.

Plotagon® reserves the right to add, modify, or delete services, products and any information from the Services at any time. Plotagon® makes no representation or warranty as to the completeness or accuracy of the Services or information contained in the Services, nor does Plotagon® represent or warrant that the Services will be available at all times or at any time. The information contained in the Services may be incomplete, may contain errors, or become out of date at any time. Plotagon® makes no commitment and expressly disclaims any duty to update any of the content in the Services.

Unless stated otherwise in these Terms of Use, the same conditions shall apply for Plotagon® Story and Plotagon® Education.

Accounts

Before using any version of the Software, you must register an account on the Website. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. Plotagon® reserves the right to disable or block accounts without notice in its sole discretion. You are not permitted to transfer your account, characters, animations etc. to another person or entity, unless specifically permitted in writing by Plotagon®. You acknowledge that the Services are not intended for children under the age of 13 unless you are using the Services as a part of your school’s educational plan (i.e. Plotagon® Education) as described in our Privacy Policy, which is hereby incorporated in these Terms of Use by reference. Parents, please read our Privacy Policy to understand how you can control and limit the information your child shares when using Plotagon® Education.

You may delete your account at any time, but Plotagon® reserves the right to keep copies of any materials you have uploaded to the Service and to show such material on its website or on other websites or media for promotional purposes and otherwise as set herein.

Registration

You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Services and you hereby accept sole responsibility for all activities that occur under your account or password.

Plotagon® reserves the right to refuse service, terminate accounts, remove or edit content in their sole discretion for any reason whatsoever. For information on how we handle the personal data you transmit to us through the Services, please see our Privacy Policy.

Payment

Unless being a Plotagon® Education student user under a duly purchased school account, you agree to fully pay for all Services ordered from Plotagon® in accordance with our applicable payment terms and methods. In you are paying with credit card you are responsible for providing Plotagon® with valid credit card information to secure payment. Plotagon® reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers.

Fees, cancellation and payment terms

Unless you are signing up for a free trial or have a Plotagon® Education student account under a duly purchased school account, you are required to pay a fee to download and use the Software (i.e. the Software is provided to paying users only). You will be informed of the applicable fee(s) and payment terms during the registration process The current fees and payment terms can be viewed on the Website. Plotagon® may amend the fees and payment terms at any time.

If your use of the Services is subject to any type of applicable taxes, then Plotagon® may charge you for any such taxes, in addition to any fees.

Plotagon® reserves the right to change the fees and availability of any of theServices at any time without notice; provided, however, such price change will not affect your purchase price for orders that we have already actually received from you and processed. You are responsible for reviewing the Website for changes in the fees or payment terms.

Access

In consideration of the payment of the fees and subject to your registering for an account and compliance with the terms contained herein, Plotagon® will, upon receipt of your payment, provide you with access to the Services. If Plotagon® is unable to process your payment at any time, your access to the Services may be suspended or terminated at Plotagon’s discretion.

License

Upon establishing a valid account, and subject to your making any applicable payment and continued compliance with the Terms of Use, Plotagon® grants you a limited, non-exclusive, non-transferrable, revocable license to access and use the Services.Your use of the Services is at your own risk.

Delivery of Products and Services

Plotagon® provides the Services on an “as is” basis. Plotagon® shall have no liability to you with respect to delays or delivery problems.Your sole remedy with respect to purchased services that are not delivered within a reasonable amount of time after ordering is a refund of the purchase price paid for such services, as determined by Plotagon® in its sole discretion.

Restrictions on Use

You agree to abide by all applicable laws and regulations when using the Services. You expressly agree that you shall not: (a) use the Services for any illegal purpose; (b) use the Services in any manner which violates the rights of a third party (including, without limitation, copyrights, trademarks, moral rights, trade dress, goodwill, trade secrets and all other intellectual property rights that might now exist or hereafter come into existence (“Intellectual Property Rights”) or in a way defames a third party; or (c) use the Services in any manner that Plotagon® considers to be in violation of these Terms of Use.

Your access and right to use the Services is subject to your proper conduct. Such actions include, but are not limited to, practices that Plotagon®consider detract from the overall user experience; any action that imposes an unreasonable or disproportionately large load on the Services; use of your own or third-party software to modify the Services, its environment and/or any content appearing within the Services or any information accessible through the Services, actions to bypass the Service’s login architecture or create or provide any other means through which the Services may be accessed and/or used by others.

Links to Other Websites

The Services may contain links to other websites. Plotagon® does not review or evaluate all of the websites linked to in the Services and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these websites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites. You should carefully review the respective conditions of use for each of these websites and their related services. Under no circumstances shall Plotagon® be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such websites.

Indemnification

Your use of the Services constitutes your agreement to defend, indemnify, and hold harmless Plotagon®, its parent companies, subsidiaries, affiliates, licensors and partners, and its and their respective members, employees, contractors, agents, officers, and directors, from and against any actions, losses, claims, demands, liability, damages, costs and expenses, including reasonable attorneys’ fees, arising out of: (i) your (or a third party using your account) use or misuse of the Services including any content uploaded or created by you (or a third party using your account); (ii) your breach of these Terms of Use, including, but not limited to, any representation or warranty here under; (iii) your violation of any third-party right, including, without limitation, any right of publicity, privacy or Intellectual Property Rights; and (iv) violation of any applicable law or regulation.

Termination

These Terms of Use are effective until amended by Plotagon® in its sole discretion. You agree that Plotagon® may terminate your access to the Services, including, without limitation, your user name and password, at any time for any reason without prior notice or liability. Plotagon® may change, suspend, or discontinue all or any aspect of the Services or the Website or create usage limits for the Service at any time for any reason without prior notice or liability, including, without limitation, the availability of any feature. Plotagon®may close all accounts and cancel all of the rights granted to you under the Terms of Use at any time for any reason without prior notice or liability. Plotagon® may, but not obligated to, communicate such termination to you in any of the following manners: (i) when you log into your Account; (ii) in a notice on Plotagon®’s website; (iii) via electronic mail; or (iv) in another manner that Plotagon® deems suitable to inform you of the termination. If Plotagon® terminates the services, you will not receive a refund of paid fees. You may terminate your account at any time, upon notice to Plotagon® via electronic mail. You will not receive a refund of paid fees.

Seizure Warning

In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Plotagon® takes no responsibility for such effects and end results and the user is using the Services on his/her own risk.

Trademarks and Service Marks

The names, logos, characters, brands and product and services names appearing in the Services are trademarks/service marks or registered trademarks/service marks of Plotagon® or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.

Plotagon® Intellectual Property

You acknowledge and agree that all content, design elements, and materials available in the Services, including without limitation, digital characters, environments, buildings, rooms, objects, animations, actions, music, sounds, tools, software, code, engines etc. (“Plotagon Content”) is owned by Plotagon® and/or its partners and licensors and protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights of Plotagon® and/or its partners and licensors. Plotagon® and its partners and licensors retain all right, title and interest in and to the Plotagon Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Plotagon Content on a stand-alone basis in any form or for any means. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit Plotagon Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the Services or Plotagon Content.

User Intellectual Property

By using the Services you may create certain content such as animated stories, characters, movies, scenes etc. (“Submissions”). Except for the Plotagon Content contained therein, any intellectual property right and title to such Submissions shall remain and where applicable shall become your intellectual property, including textual representations (e.g., stories, manuscripts, screenplays, etc.) and/or audio content (e.g., voice recordings, sounds and music etc.) created and submitted by you for use in the Software. That portion of a Submission that is not Plotagon Content is sometimes referred to herein as “User Content”. By publishing any Submission containing User Content via the Services you represent and warrant that you have all rights necessary to grant the licenses contained herein. Furthermore, you represent and warrant that there is no suit, action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content, or any part thereof, or which might in any way impair the rights granted by you hereunder.

Plotagon License to User Intellectual Property

You agree that Plotagon® shall be given the irrevocable, sub-licensable, perpetual, worldwide, royalty free right to utilize, perform, reproduce, incorporate in to the Services, modify, edit, publicly perform, publicly display, distribute and make derivative works from your User Content as contained in the Submissions on the Website and in any and all media now known or hereafter devised for marketing and promotional purposes and to feature your User Content and Submissions, and any derivative works created therefrom, in its services, for example as educational material, in tutorials etc.

User Content Guidelines

User Content must comply with all guidelines and requirements as may be notified to you by Plotagon® from time to time and must not contain content that: i) includes graphic depictions of gratuitous or excessive violence; ii) is sexually explicit; iii) includes profane or obscene language or gestures; iv) depicts intoxication or substance abuse; v) promotes negative racial, ethnic, gender, political or religious stereotypes; vi) makes negative or disrespectful use of religious symbolism; or vii) reflects adversely on the name, reputation or goodwill of Plotagon®.

Protection of Third Party Rights

You shall be fully responsible for your User Content and represent that any content that you post through the Services (including, without limitation all stories, manuscripts, screenplays, voice recordings, sounds and music) does not infringe on any third party’s Intellectual Property Rights or other rights under applicable law, such as privacy rights etc. You are responsible that no copyright protected material owned or controlled by third parties is inserted into your User Content without the prior written consent of such third party.Plotagon® will delete or remove any of your uploaded content (uploading of content is available for Plotagon Story users only) if Plotagon® believes it is infringing someone else’s Intellectual Property Rights or otherwise infringes applicable law. If you believe Plotagon® has removed such content by mistake, you may notify us and Plotagon® may, but has no obligation to, provide you with an opportunity to appeal that decision.If you repeatedly infringe other people’s intellectual property rights, Plotagon® will disable your account and take such action as we may deem appropriate.

Representations and Warranties

To the maximum extent permitted by law, Plotagon® provides the Services on an “as is” and “as available” basis, which means we do not provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the quality of any services, information, or other material purchased or obtained by you through Plotagon® will meet your expectations, and (v) any errors in the Services will be corrected.

Disclaimers and Limitations on Liability

To the fullest extent permitted by law, you assume full responsibility for the use of the Services and Plotagon® disclaims liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.

We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of the Services. Your sole remedy against us for dissatisfaction with Plotagon® is to stop using the Services. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.

Plotagon® shall have no liability for your interactions with other users.Plotagon® takes no responsibility and assumes no liability for any User Content that you or any other users or third parties share when using the Services. You acknowledge, understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose and you agree that Plotagon® shall not be liable for any damages you allege to incur as a result of such User Content.To the maximum extent permitted by applicable law, under no circumstances shall Plotagon® be liable for any indirect, incidental, special or consequential damages arising from the use of the Services.

If, notwithstanding the other provisions of the Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services, our liability shall not exceed what you paid us for the Services in the previous three months. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Take Down Notice Policy

Plotagon® respects the intellectual property of others and expects our users to do so as well. If you believe that a Submission or other content accessible on our Website is in violation of your copyright or trademark rights, please submit a “Take Down Notice” including the information set out below:

  • A statement identifying in sufficient detail, the work or intellectual property that you claim has been infringed;
  • A statement identifying in sufficient detail, the work or intellectual property you claim to be infringing so that the material can be located;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly being infringed; and
  • Sufficient contact details for the person making the complaint, including an address, telephone number and e-mail address and the physical or electronic signature of the person making the complaint.

The Take Down Notice should be submitted to Plotagon® at takedown@plotagon.com and/or by mail to the following address:

Plotagon Production AB
Grev Turegatan 9, 2tr
114 46 Stockholm
Sweden

After reviewing your Take Down Notice, Plotagon® will remove or disable access to the applicable material if we consider it appropriate to do so. Plotagon® may advise the alleged infringer of your claim and you expressly authorize Plotagon® to do so.

Prohibited Conduct

Your continued access to the Services and license to use the Services is subject to proper conduct. You are strictly prohibited from: 1) Creating User Content with the Services that infringes or violates any third party rights (including, but not limited to, Intellectual Property Rights, privacy rights and publicity rights), defames a third party or otherwise violates applicable laws; 2) Uploading any audio content (including, but not limited to, voice recordings, sounds or music) to the Service that infringes or violates any third party rights (including, but not limited to, Intellectual Property Rights, rights of privacy and rights of publicity), defames a third party or otherwise violates applicable laws; 3) Posting content or taking action on the Website or via the Services that infringes or violates third party rights or otherwise violates applicable laws; 4) Using Plotagon’s copyrights or trademarks or any confusingly similar marks; 5) Uploading invalid data, viruses, worms, or other software agents through the Services; 6) Impersonating another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud; 7) Collecting information from other users without obtaining their consent and making it clear that you (and not Plotagon®) are the one collecting their information; 8) Making public anyone’s identification documents or sensitive financial information or posting such information on the Website or other permitted websites; 9) Taking any action that imposes an unreasonable or disproportionately large load on the Services; and 10) Using your own or third-party software to modify any content within the Services, or to bypass any part of the Services architecture to allow you to use the Services in ways other than those intended by Plotagon®.

Electronic Communications

When you use the Services, visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Services or by any other means Plotagon® finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice on the Service or otherwise) satisfy any legal requirement that such communications be in writing.

Law and Jurisdiction

The Terms of Use is governed by and construed in accordance with the laws of Sweden, excluding conflict of interest laws. You agree to submit to the exclusive jurisdiction of the district court of Stockholm (Stockholms Tingsrätt), Sweden as first venue for any cause of action arising out of or relating to the Services or the Terms of Use.

Severability

If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates.

If these Terms of Use are changed in any material respect (for example, for security, legal, or regulatory reasons) after you have signed up for the Services, we will notify you in advance by an email to the email address that you have provided to us, and the revised Terms of Use will become effective six (6) weeks after such notification. You will have no obligation to continue using the Software following any such notification, but if you do not terminate your account during such six (6) week period, your continued use of the Software after the end of that six (6) week period will constitute your acceptance of the revised Terms of Use.

Entire Agreement

This Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Plotagon® may assign its rights under the Terms of Use without notice to you.

Updated: January 24, 2017

Plotagon® Privacy Policy

Plotagon Production AB (“Plotagon®”, “we”, “our”, us) respect your privacy and provides you with this Privacy Policy (“Privacy Policy”) so that you may understand the ways in which we do and do not use the personal information you transmit (“personal data”) when using the Plotagon® website (the “Website”) and Plotagon®’s software for desktops, tablets and mobile handsets including both Plotagon® Story and the educational software Plotagon® Education (the “Software”) and other services provided by Plotagon® (the Website and the Software are collectively referred to as the “Services”).

Unless stated otherwise in this Privacy Policy, the same conditions shall apply for Plotagon® Story and Plotagon® Education.

Before registering a Plotagon® account, you need to expressly acknowledge that you consent to Plotagon®’s processing of your personal data in the manner set out in this Privacy Policy. The kind of personal data and the purposes for which we may process your personal data, and hence need your affirmative consent, is described in the Sections “Personal data that we collect about you” and “Sharing of your personal data” below. Please make sure that you have read and fully understood these sections (i.e. the information we may collect about you and how we can use and/or share such information) before consenting to Plotagon’s processing of your personal data. Note that you always have the choice to withdraw your consent at a later stage.

If you have questions regarding your personal data stored with us, including a request for access rectification or deletion, or you object to certain uses, please feel free to contact us e.g. by sending an email to privacy@plotagon.com or write to us at:

Plotagon Production AB
Grev Turegatan 9, 2tr
114 46 Stockholm
Sweden

Fundamentals on personal data protection

Protecting the security and privacy of your personal data is essential to us. Therefore, we are always working on upholding compliance with applicable laws on data protection and data security, including but not limited to the European Data Protection Directive 95/46/EC and relevant US federal and State laws that may apply to the receipt, storing, maintenance or access to personal data. Since your personal data can be stored on many different locations, please note that it may be subject to privacy laws that are different from those in your country of residence.

This Privacy Policy is designed to give you full transparency regarding our data protection practices. If there’s anything that’s not clear from this Privacy Policy, please feel free to email us at the above stated address.

We will retain your personal data only for the period necessary to fulfill the purposes for which such data was collected. When it is no longer necessary for us to retain such data, it will be deleted or made anonymous in a safe and permanent manner or access to it will be blocked to the extent that statutory data retention requirements apply.

Personal data that we collect about you

Depending on how you use the Services and what plan you sign up for, you may be required to provide certain personal data from various sources:

Information that you provide voluntarily

Plotagon® only collects personal data that it deems necessary to fulfill your online requests and our legitimate business objectives. If you wish to use the Software you will need to register a Plotagon® account and, by doing so, you will provide us with certain personal data. The personal data required for registration may vary depending on the type of Service that you use.

Essential Information: When you register a Plotagon® account, you will need to provide your email address and choose a password. In addition, if you purchase a premium subscription, you will also need to provide your real name, billing address and payment verification information. If you are a teacher or school administrator purchasing subscription for Plotagon® Education you will also need to provide the name and address of the school that you are representing. The same applies for teachers and school administrators residing the United States who wish to add students to an existing Plotagon® Education account.

Students: If you are student using Plotagon Education we will only store the email address and password that your teacher/school administrator provides us with when setting up your account.

Profile Information: As long as you are not a student using Plotagon® Education you may choose, at your discretion, to provide additional information when setting up your user profile in Plotagon®. Such additional information may include:

  • your real name
  • a user name (which may be your real name or a pseudonym)
  • your city and country of residence
  • an avatar

None of this profile information is mandatory, and any information you do provide may be deleted, edited, changed or amended by you at any time by altering your profile information.

Any additional personal data that you provide when using the Services (e.g. in your animated stories that you share or otherwise post via the Software) and metadata associated with such personal data, which may include content creation date, formatting information; location information such as country, region and city (geotags).

Information provided when communicating with us: You will provide certain personal data if you contact us by email, use any of the web forms on the Website, or contact us by mail, fax or other offline means.

Survey Information: If you participate in any survey, you will provide certain personal data as part of your response, unless you respond anonymously.
Automatically collected information

There is certain information that we collect automatically as the result of your use of the Services. This information includes:

the Internet Protocol (IP) address of the device from which you access the Website (this can sometimes be used to derive the location from which the Website has been accessed).

  • the site that you visited immediately prior to visiting the Website.
  • any search terms that you may enter on the Website.
  • the time, frequency and duration of your visits to the Website.
  • your browser type and operating system.
  • the nature of the device from which you are accessing the Services, for example, whether you are accessing the Services from a personal computer or from a mobile device.
  • information collected through cookies and similar technology, as described in the section Cookies and Logs below.

How we may use your personal data

We use the information that we collect about you for the following purposes:

  • Your email address and password are used to identify you when you log into the Website and in order to give you access to the Software.
  • Applying to Plotagon® Story users only: Any additional personal data that you provide in your publicly shared animated stories will be publicly accessible and viewed by others. Please bear this in mind when sharing your animated stories online.
  • If you are a teacher or a school administrator having purchased a subscription for Plotagon® Education or if purchased content as a Plotagon Story user, your name, address and payment verification information will be used to process your account subscription and/orto collect your payment.
  • Your email address will be used to send you service updates and notifications regarding your account.
  • For information about how to change your preferences, and to unsubscribe from newsletters, marketing messages and email notifications, please see the section “How you can control shared personal data”, below.
  • Content that you have freely chosen to upload when using the Services may be stored and used by Plotagon® as promotional material even after your account has been deleted.

Your personal data may also be used by us for the following general purposes:

  • To operate and maintain your Plotagon® account, and to provide you access to the Software and use and any Services that you may request from time to time.
  • To identify you as the creator of the animated stories that you share, the comments that you post and/or the other contributions that you make when using the Services.
  • To seek your participation in surveys, and to conduct and analyze the results of those surveys if you choose to participate.
  • To provide you with technical support.
  • To analyze the use of Website and in order to improve Plotagon®.
  • To enable you to communicate with other Plotagon® users.
  • To customize your use of the Services and/or the content of any email newsletter or other material that we may send to you from time to time.
  • To prevent or take action against activities that are, or may be, in breach of our Terms of Use or applicable law.
  • For other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your personal data.

If you are a student using Plotagon® Education, please note that your name and email address will only be shared amongst teachers/administrators of the same class. If you, as an educational user, choose to share your animated stories with other students using Plotagon® Education, your user name will be shared with such users. For more information about our policy towards children and compliance with the Children’s Online Privacy Protection Act, please see below.

Sharing of your personal data

We will not share your personal data with any third party, except as described in this Privacy Policy. There are circumstances where we may need to share some of the personal data we collect about you or which you provide to us. These circumstances are as follows:

Other Users (applying to Plotagon® Story users only): Any personal data included in your publicly shared animated stories (other than your email address).

With your consent: We will disclose your personal data if you have explicitly agreed that we may do so. We will make this clear to you at the point at which we collect your information.

Service Providers: We may also transfer, disclose or share your personally identifiable information with our partners and affiliates and third parties whom may be engaged by us specifically to handle and deliver certain activities necessary to operate our business (e.g. processing of payments). These third parties will have access to certain information about you, but only where this is necessary in order for those third parties to provide their services to us. Where we transfer personal data to these third parties, we ask and require these third parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal data, and only to process personal data in accordance with our instructions and to the extent necessary to provide their services to us.

As aggregated data: We may aggregate your personal data with similar data relating to other users of the Services in order to create statistical information regarding the Services and its use, which we may then share with third parties or make publicly available. However, none of this information would include any email address or other contact information, or anything that could be used to identify you individually.

If required by law: We will disclose your personal data if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand or request.

In the context of a business transfer: In the event of a corporate reorganization (e.g. all or substantially all of the assets relating to Plotagon® are transferred or sold to another entity

To protect legitimate interests: We may disclose your personal data if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Services.

Please note that this Privacy Policy does not apply to any third party sites or applications, and we cannot control the activities of those sites or applications. You are advised to read the privacy policies of those sites or applications before sharing your information with, or connecting your Plotagon® account to, any of these third party sites or applications.

Cookies and Logs

A cookie is information a website places on your computer’s hard drive so that the website is able to remember your preferences and/or which pages you visited on the website and make your visit more efficient and enjoyable. Plotagon® may use cookies to determine the number of unique visitors to the Service over a given period, or to remember user account details, etc. so that the need for multiple log-ins is eliminated. It may combine information collected through cookies to any personal data submitted online when using the Service to help personalize a user’s access to and use of the Service. Cookies may be disabled on your computer by indicating this in the preferences or options menus in your browser. Plotagon® may collect data in the form of logs. Log data collected on web servers supplies Plotagon® with aggregate information about the number of visits to different pages on the Service and other navigational data. Further information is available at http://aboutcookies.org.

How you can control shared personal data

We do our best to give you as much choice as possible regarding the amount of personal data you provide to us, and the control you have over that information.

It is not necessary for you to provide us with any information in order to visit the Website, although certain information will be collected automatically by virtue of your visit (as described above). However, if you do decide to register a Plotagon® account, you can control your personal data as described below.

Most of the personal data you provide to us can be accessed and updated by logging in to your Plotagon® account on the Website. If you wish to access, amend or delete any other personal data we hold about you, or if you have any objection to the processing of any information that we hold about you, please contact us at privacy@plotagon.com or the address below.

If you ask us to delete your account (either via the Settings page or by email), we will do so within a reasonable period of time, but we may need to retain some of your personal data in order to satisfy our legal obligations, or where we have a legitimate reason for doing so.

If you have questions regarding your personal data stored with us, including a request for access rectification or deletion, or you object to certain uses, please feel free to contact us e.g. by sending an email to privacy@plotagon.com.

Security and data breaches

We use appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing and against accidental loss, destruction or damage. Your personal data is stored in a secure manner on protected equipment. Only a limited number of personnel have access to this equipment and only persons with a legitimate reason have access to your personal data. Unfortunately, the transmission of your personal data via the internet is not completely secure. While we will endeavor (through the use of appropriate security measures) to protect your personal data, we cannot guarantee the security of such data when it is transmitted to us via the internet: you accept that any such transmission of your personal data is at your own risk.

International data transfers

Plotagon® is based in Europe, and your personal data is collected, stored, used and shared in accordance with European laws. However, from time to time, it may be necessary for us to transfer your personal data to the US. You should be aware that privacy laws in the US may not be equivalent to the laws in your country, and by using the Services, you consent to the transfer, storage and processing of your personal data in the US in accordance with this Privacy Policy and applicable law.

Our policy toward children

You acknowledge that the Services are not intended for use if you are under thirteen (13) years of age unless you are using our educational software Plotagon® Education and have been given access thereto as part of your school’s educational plan. If you are under thirteen years (13) of age and are using Plotagon® Education in the United States, you shall further ensure that the consent of your parents or legal guardians has been obtained by your school as described below, in compliance the Children’s Online Privacy Protection Act (“COPPA”).

Plotagon is required under COPPA, with limited exceptions, to obtain verifiable parental consent in order to collect, use, or disclose personal data from you, if you are under 13 years of age (a “Child”). COPPA allows your school to obtain consent for the online collection of personal data from you and other children who are students at your school. If you are a Child who wants to use our Educational Plan, you must first obtain an account from your school.

Before an Educational Plan account is provided to a school, we require that the school (a) obtains verifiable parental consent with regard to every Child that will use the Services, (b) consents (on behalf of the parents/legal guardians) to the collection, use and disclosure of personal data of the Child, through the Services, in accordance with this Privacy Policy and the consent form made available by Plotagon® and (c) agrees (on behalf of the parents/legal guardians) that the Child’s online activities are subject to the Terms of Use. As required under COPPA, we allow parents/legal guardians certain choices regarding the personal data submitted by their children. Parents/legal guardians should make any permitted requests with the school and have the school, as the parent’s/legal guardian’s agent, pass on those requests to Plotagon®. We may rely on the instructions that we receive from the school that we reasonably believe are given by a Child’s parent to the school. For example, if a representative from the Child’s school contacts us and provides the account information we request, we may assume that the person calling is acting on behalf of the Child’s parent.

We provide parents/legal guardians the following choices with respect to the collection, use, retention and disclosure of personal data. A Child’s registration information is always accessible to him/her. A parent/legal guardian has the right to review his/her Child’s personal data, which the parent can obtain by contacting his/her Child’s school. After reviewing the Child’s personal data, the parent/legal guardian may ask us to update or delete the Child’s personal data by requesting such changes through the Child’s school.

If a parent/legal guardian chooses to prohibit any future collection, use or disclosure of the Child’s personal data, the parent/legal guardian may do so by terminating the Child’s account through the school, and requesting the deletion of the Child’s personal data through the school. Upon receiving such request from the Child’s school, we will delete the Child’s account information from our live databases and all the information and data stored for such account. Plotagon will not have any liability whatsoever for any termination of the account or related deletion of the Child’s personal data. When we delete personal data, it will be deleted from our active databases but may remain in our archives.

Our policy on student data

We acknowledge that the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (“FERPA”) primarily applies to schools that receive funding from the U.S. Department of Education and that Plotagon® will be indirectly affected by the FERPA regulatory framework when providing services to educational institutions in the US.

As required of such schools under FERPA, as an administrator or teacher under an Educational Plan, You agree that You have obtained valid student and parental consent to disclose personally identifiable information to us.

Plotagon® makes the following commitments to schools regulated by FERPA: Plotagon® will protect the confidentiality of any student data and/or personally identifiable information provided to us or any of our representatives. We further acknowledge that we will review and comply with all information security programs, plans, guidelines, standards and policies that apply to our work as a result of the FERPA regulatory framework and will implement and maintain any other reasonable and appropriate security procedures and practices necessary to protect personal data and/or student information from unauthorized access, destruction, use, modification, disclosure or loss.

Plotagon® specifically agrees with schools regulated by FERPA to:

  • use personable identifiable student data for no purpose other than in connection with providing the Services for a legitimate and educational interest;
  • use reasonable methods, consistent with reasonable industry standards to protect student data from re-disclosure and not to share the student data received under this Agreement with any other entity without the prior written approval of the school responsible under FERPA;
  • not to copy reproduce or transmit student data except as necessary to provide the Services in furtherance of a legitimate and educational interest;
  • notify the Chief Information Officer for the school responsible under FERPA without undue delay that it has experienced a data breach, breach of security or unauthorized acquisition or use of student data;
  • to maintain sufficient backup copies of data files in case of customer system failure or any other unseen event resulting in loss of student data;
  • to, upon request of the school responsible under FERPA, promptly provide the school responsible under FERPA with any specified portion of the student data; and
  • to, upon request of the school responsible under FERPA, promptly return and/or erase applicable portions of the student data.

Changes and Updates to this Privacy Policy

Occasionally we may, in our discretion, make changes to the Privacy Policy. If we make material changes to the Privacy Policy, we will provide you with prominent notice as appropriate under the circumstances, either by sending you an email prior to the implementation of the altered terms or by asking for your explicit approval to the updated terms and conditions within the Services. In case prominent notice if provided to you in the form of an email, your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Services under the new version of the Privacy Policy, you may revoke your acceptance hereto by contacting us at legal@plotagon.com, or write to us at the address set out in the first section of this Privacy Policy.

Updated: January 24, 2017

Plotagon® Education Privacy Summary

Plotagon has developed and implemented a system that respects the unique privacy requirements of teachers, students, and schools. Here is a summary:

  • If you are the one purchasing a license, then Plotagon uses a secure credit card processing system and only collects the information necessary to handle the transaction.
  • If you are a teacher or administrator, then we may send you emails about new products or features, or information about your account. Plotagon will not send email messages to students.
  • Plotagon stores only the minimal amount of user information necessary to manage user accounts. We keep all your Personally Identifiable Information in a secure, encrypted environment.
  • All of the user-created content — characters, plots (movies in progress), and completed movies — remain on your devices’ hard drives or in your school’s Google Drive system if you have enabled this feature with the Chromebook version.
  • We will never sell your information, and we will not disclose this information to any third party unless required by law.
  • You may close your account at any time, and upon request we will delete any of your Personally Identifiable Information that we have on our servers.
  • Plotagon Education is compliant with applicable COPPA and FERPA regulations.

Feel free to review our full Terms Of Service and Privacy Policy. (If you are using the Plotagon Education product, then you can ignore any references to “Plotagon Story”, which is our Consumer product.)

If you have any questions about Plotagon Education’s Privacy Policy, then please contact us at: privacy@plotagon.com

Plotagon® Terms of Use

These terms of use (the “Terms of Use”) together with the applicable Privacy Policy sets out the terms and conditions governing your visits, access and use of the Services (as defined below).

The Services are provided by Plotagon Production AB, a Swedish corporation, and its affiliated entities, and each of their present, former and future parent companies, predecessors, successors, assignees, subsidiaries, owners, officers and directors (whether acting in such capacity or individually), agents and attorneys (collectively, “Plotagon®”, “we”, “our”, us).

Please note that by entering the Website (defined below) and/or downloading and using the Software (defined below) you agree to abide by these Terms of Use. Plotagon® owns all intellectual property rights in and to the Services and permits you to use the Services only in accordance with these terms. Your use of the Services constitutes your acceptance of the Terms of use. If you do not agree to the Terms of Use, please do not use the Services. If you have any questions or concerns you can contact us at:

Plotagon Production AB
Grev Turegatan 9, 2tr
114 46 Stockholm
Sweden

The Services we provide

The “Services” consists of Plotagon®’s downloadable software for desktops, tablets and mobile handsets including both Plotagon® Story and Plotagon® Education (the “Software”) which enables end users to write movie scripts, record dialogue and make animated stories and the Plotagon® website (the “Website”) where, among other things, the users can display their animated stories, watch other users’ animated stories, and interact with other users. The purpose and intent of the Services is to enable end users to write movie scripts, record dialogue and create animated movies, and to share these animated stories with other users and/or non-users as set forth in these Terms of Use.

Plotagon® reserves the right to add, modify, or delete services, products and any information from the Services at any time. Plotagon® makes no representation or warranty as to the completeness or accuracy of the Services or information contained in the Services, nor does Plotagon® represent or warrant that the Services will be available at all times or at any time. The information contained in the Services may be incomplete, may contain errors, or become out of date at any time. Plotagon® makes no commitment and expressly disclaims any duty to update any of the content in the Services.

Unless stated otherwise in these Terms of Use, the same conditions shall apply for Plotagon® Story and Plotagon® Education.

Accounts

Before using any version of the Software, you must register an account on the Website. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. Plotagon® reserves the right to disable or block accounts without notice in its sole discretion. You are not permitted to transfer your account, characters, animations etc. to another person or entity, unless specifically permitted in writing by Plotagon®. You acknowledge that the Services are not intended for children under the age of 13 unless you are using the Services as a part of your school’s educational plan (i.e. Plotagon® Education) as described in our Privacy Policy, which is hereby incorporated in these Terms of Use by reference. Parents, please read our Privacy Policy to understand how you can control and limit the information your child shares when using Plotagon® Education.

You may delete your account at any time, but Plotagon® reserves the right to keep copies of any materials you have uploaded to the Service and to show such material on its website or on other websites or media for promotional purposes and otherwise as set herein.

Registration

You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Services and you hereby accept sole responsibility for all activities that occur under your account or password.

Plotagon® reserves the right to refuse service, terminate accounts, remove or edit content in their sole discretion for any reason whatsoever. For information on how we handle the personal data you transmit to us through the Services, please see our Privacy Policy.

Payment

Unless being a Plotagon® Education student user under a duly purchased school account, you agree to fully pay for all Services ordered from Plotagon® in accordance with our applicable payment terms and methods. In you are paying with credit card you are responsible for providing Plotagon® with valid credit card information to secure payment. Plotagon® reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers.

Fees, cancellation and payment terms

Unless you are signing up for a free trial or have a Plotagon® Education student account under a duly purchased school account, you are required to pay a fee to download and use the Software (i.e. the Software is provided to paying users only). You will be informed of the applicable fee(s) and payment terms during the registration process The current fees and payment terms can be viewed on the Website. Plotagon® may amend the fees and payment terms at any time.

If your use of the Services is subject to any type of applicable taxes, then Plotagon® may charge you for any such taxes, in addition to any fees.

Plotagon® reserves the right to change the fees and availability of any of theServices at any time without notice; provided, however, such price change will not affect your purchase price for orders that we have already actually received from you and processed. You are responsible for reviewing the Website for changes in the fees or payment terms.

Access

In consideration of the payment of the fees and subject to your registering for an account and compliance with the terms contained herein, Plotagon® will, upon receipt of your payment, provide you with access to the Services. If Plotagon® is unable to process your payment at any time, your access to the Services may be suspended or terminated at Plotagon’s discretion.

License

Upon establishing a valid account, and subject to your making any applicable payment and continued compliance with the Terms of Use, Plotagon® grants you a limited, non-exclusive, non-transferrable, revocable license to access and use the Services.Your use of the Services is at your own risk.

Delivery of Products and Services

Plotagon® provides the Services on an “as is” basis. Plotagon® shall have no liability to you with respect to delays or delivery problems.Your sole remedy with respect to purchased services that are not delivered within a reasonable amount of time after ordering is a refund of the purchase price paid for such services, as determined by Plotagon® in its sole discretion.

Restrictions on Use

You agree to abide by all applicable laws and regulations when using the Services. You expressly agree that you shall not: (a) use the Services for any illegal purpose; (b) use the Services in any manner which violates the rights of a third party (including, without limitation, copyrights, trademarks, moral rights, trade dress, goodwill, trade secrets and all other intellectual property rights that might now exist or hereafter come into existence (“Intellectual Property Rights”) or in a way defames a third party; or (c) use the Services in any manner that Plotagon® considers to be in violation of these Terms of Use.

Your access and right to use the Services is subject to your proper conduct. Such actions include, but are not limited to, practices that Plotagon®consider detract from the overall user experience; any action that imposes an unreasonable or disproportionately large load on the Services; use of your own or third-party software to modify the Services, its environment and/or any content appearing within the Services or any information accessible through the Services, actions to bypass the Service’s login architecture or create or provide any other means through which the Services may be accessed and/or used by others.

Links to Other Websites

The Services may contain links to other websites. Plotagon® does not review or evaluate all of the websites linked to in the Services and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these websites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites. You should carefully review the respective conditions of use for each of these websites and their related services. Under no circumstances shall Plotagon® be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such websites.

Indemnification

Your use of the Services constitutes your agreement to defend, indemnify, and hold harmless Plotagon®, its parent companies, subsidiaries, affiliates, licensors and partners, and its and their respective members, employees, contractors, agents, officers, and directors, from and against any actions, losses, claims, demands, liability, damages, costs and expenses, including reasonable attorneys’ fees, arising out of: (i) your (or a third party using your account) use or misuse of the Services including any content uploaded or created by you (or a third party using your account); (ii) your breach of these Terms of Use, including, but not limited to, any representation or warranty here under; (iii) your violation of any third-party right, including, without limitation, any right of publicity, privacy or Intellectual Property Rights; and (iv) violation of any applicable law or regulation.

Termination

These Terms of Use are effective until amended by Plotagon® in its sole discretion. You agree that Plotagon® may terminate your access to the Services, including, without limitation, your user name and password, at any time for any reason without prior notice or liability. Plotagon® may change, suspend, or discontinue all or any aspect of the Services or the Website or create usage limits for the Service at any time for any reason without prior notice or liability, including, without limitation, the availability of any feature. Plotagon®may close all accounts and cancel all of the rights granted to you under the Terms of Use at any time for any reason without prior notice or liability. Plotagon® may, but not obligated to, communicate such termination to you in any of the following manners: (i) when you log into your Account; (ii) in a notice on Plotagon®’s website; (iii) via electronic mail; or (iv) in another manner that Plotagon® deems suitable to inform you of the termination. If Plotagon® terminates the services, you will not receive a refund of paid fees. You may terminate your account at any time, upon notice to Plotagon® via electronic mail. You will not receive a refund of paid fees.

Seizure Warning

In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Plotagon® takes no responsibility for such effects and end results and the user is using the Services on his/her own risk.

Trademarks and Service Marks

The names, logos, characters, brands and product and services names appearing in the Services are trademarks/service marks or registered trademarks/service marks of Plotagon® or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.

Plotagon® Intellectual Property

You acknowledge and agree that all content, design elements, and materials available in the Services, including without limitation, digital characters, environments, buildings, rooms, objects, animations, actions, music, sounds, tools, software, code, engines etc. (“Plotagon Content”) is owned by Plotagon® and/or its partners and licensors and protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights of Plotagon® and/or its partners and licensors. Plotagon® and its partners and licensors retain all right, title and interest in and to the Plotagon Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Plotagon Content on a stand-alone basis in any form or for any means. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit Plotagon Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the Services or Plotagon Content.

User Intellectual Property

By using the Services you may create certain content such as animated stories, characters, movies, scenes etc. (“Submissions”). Except for the Plotagon Content contained therein, any intellectual property right and title to such Submissions shall remain and where applicable shall become your intellectual property, including textual representations (e.g., stories, manuscripts, screenplays, etc.) and/or audio content (e.g., voice recordings, sounds and music etc.) created and submitted by you for use in the Software. That portion of a Submission that is not Plotagon Content is sometimes referred to herein as “User Content”. By publishing any Submission containing User Content via the Services you represent and warrant that you have all rights necessary to grant the licenses contained herein. Furthermore, you represent and warrant that there is no suit, action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content, or any part thereof, or which might in any way impair the rights granted by you hereunder.

Plotagon License to User Intellectual Property

You agree that Plotagon® shall be given the irrevocable, sub-licensable, perpetual, worldwide, royalty free right to utilize, perform, reproduce, incorporate in to the Services, modify, edit, publicly perform, publicly display, distribute and make derivative works from your User Content as contained in the Submissions on the Website and in any and all media now known or hereafter devised for marketing and promotional purposes and to feature your User Content and Submissions, and any derivative works created therefrom, in its services, for example as educational material, in tutorials etc.

User Content Guidelines

User Content must comply with all guidelines and requirements as may be notified to you by Plotagon® from time to time and must not contain content that: i) includes graphic depictions of gratuitous or excessive violence; ii) is sexually explicit; iii) includes profane or obscene language or gestures; iv) depicts intoxication or substance abuse; v) promotes negative racial, ethnic, gender, political or religious stereotypes; vi) makes negative or disrespectful use of religious symbolism; or vii) reflects adversely on the name, reputation or goodwill of Plotagon®.

Protection of Third Party Rights

You shall be fully responsible for your User Content and represent that any content that you post through the Services (including, without limitation all stories, manuscripts, screenplays, voice recordings, sounds and music) does not infringe on any third party’s Intellectual Property Rights or other rights under applicable law, such as privacy rights etc. You are responsible that no copyright protected material owned or controlled by third parties is inserted into your User Content without the prior written consent of such third party.Plotagon® will delete or remove any of your uploaded content (uploading of content is available for Plotagon Story users only) if Plotagon® believes it is infringing someone else’s Intellectual Property Rights or otherwise infringes applicable law. If you believe Plotagon® has removed such content by mistake, you may notify us and Plotagon® may, but has no obligation to, provide you with an opportunity to appeal that decision.If you repeatedly infringe other people’s intellectual property rights, Plotagon® will disable your account and take such action as we may deem appropriate.

Representations and Warranties

To the maximum extent permitted by law, Plotagon® provides the Services on an “as is” and “as available” basis, which means we do not provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the quality of any services, information, or other material purchased or obtained by you through Plotagon® will meet your expectations, and (v) any errors in the Services will be corrected.

Disclaimers and Limitations on Liability

To the fullest extent permitted by law, you assume full responsibility for the use of the Services and Plotagon® disclaims liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.

We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of the Services. Your sole remedy against us for dissatisfaction with Plotagon® is to stop using the Services. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.

Plotagon® shall have no liability for your interactions with other users.Plotagon® takes no responsibility and assumes no liability for any User Content that you or any other users or third parties share when using the Services. You acknowledge, understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose and you agree that Plotagon® shall not be liable for any damages you allege to incur as a result of such User Content.To the maximum extent permitted by applicable law, under no circumstances shall Plotagon® be liable for any indirect, incidental, special or consequential damages arising from the use of the Services.

If, notwithstanding the other provisions of the Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services, our liability shall not exceed what you paid us for the Services in the previous three months. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Take Down Notice Policy

Plotagon® respects the intellectual property of others and expects our users to do so as well. If you believe that a Submission or other content accessible on our Website is in violation of your copyright or trademark rights, please submit a “Take Down Notice” including the information set out below:

  • A statement identifying in sufficient detail, the work or intellectual property that you claim has been infringed;
  • A statement identifying in sufficient detail, the work or intellectual property you claim to be infringing so that the material can be located;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly being infringed; and
  • Sufficient contact details for the person making the complaint, including an address, telephone number and e-mail address and the physical or electronic signature of the person making the complaint.

The Take Down Notice should be submitted to Plotagon® at takedown@plotagon.com and/or by mail to the following address:

Plotagon Production AB
Grev Turegatan 9, 2tr
114 46 Stockholm
Sweden

After reviewing your Take Down Notice, Plotagon® will remove or disable access to the applicable material if we consider it appropriate to do so. Plotagon® may advise the alleged infringer of your claim and you expressly authorize Plotagon® to do so.

Prohibited Conduct

Your continued access to the Services and license to use the Services is subject to proper conduct. You are strictly prohibited from: 1) Creating User Content with the Services that infringes or violates any third party rights (including, but not limited to, Intellectual Property Rights, privacy rights and publicity rights), defames a third party or otherwise violates applicable laws; 2) Uploading any audio content (including, but not limited to, voice recordings, sounds or music) to the Service that infringes or violates any third party rights (including, but not limited to, Intellectual Property Rights, rights of privacy and rights of publicity), defames a third party or otherwise violates applicable laws; 3) Posting content or taking action on the Website or via the Services that infringes or violates third party rights or otherwise violates applicable laws; 4) Using Plotagon’s copyrights or trademarks or any confusingly similar marks; 5) Uploading invalid data, viruses, worms, or other software agents through the Services; 6) Impersonating another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud; 7) Collecting information from other users without obtaining their consent and making it clear that you (and not Plotagon®) are the one collecting their information; 8) Making public anyone’s identification documents or sensitive financial information or posting such information on the Website or other permitted websites; 9) Taking any action that imposes an unreasonable or disproportionately large load on the Services; and 10) Using your own or third-party software to modify any content within the Services, or to bypass any part of the Services architecture to allow you to use the Services in ways other than those intended by Plotagon®.

Electronic Communications

When you use the Services, visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Services or by any other means Plotagon® finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice on the Service or otherwise) satisfy any legal requirement that such communications be in writing.

Law and Jurisdiction

The Terms of Use is governed by and construed in accordance with the laws of Sweden, excluding conflict of interest laws. You agree to submit to the exclusive jurisdiction of the district court of Stockholm (Stockholms Tingsrätt), Sweden as first venue for any cause of action arising out of or relating to the Services or the Terms of Use.

Severability

If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates.

If these Terms of Use are changed in any material respect (for example, for security, legal, or regulatory reasons) after you have signed up for the Services, we will notify you in advance by an email to the email address that you have provided to us, and the revised Terms of Use will become effective six (6) weeks after such notification. You will have no obligation to continue using the Software following any such notification, but if you do not terminate your account during such six (6) week period, your continued use of the Software after the end of that six (6) week period will constitute your acceptance of the revised Terms of Use.

Entire Agreement

This Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Plotagon® may assign its rights under the Terms of Use without notice to you.

Updated: January 24, 2017

Plotagon® Privacy Policy

Plotagon Production AB (“Plotagon®”, “we”, “our”, us) respect your privacy and provides you with this Privacy Policy (“Privacy Policy”) so that you may understand the ways in which we do and do not use the personal information you transmit (“personal data”) when using the Plotagon® website (the “Website”) and Plotagon®’s software for desktops, tablets and mobile handsets including both Plotagon® Story and the educational software Plotagon® Education (the “Software”) and other services provided by Plotagon® (the Website and the Software are collectively referred to as the “Services”).

Unless stated otherwise in this Privacy Policy, the same conditions shall apply for Plotagon® Story and Plotagon® Education.

Before registering a Plotagon® account, you need to expressly acknowledge that you consent to Plotagon®’s processing of your personal data in the manner set out in this Privacy Policy. The kind of personal data and the purposes for which we may process your personal data, and hence need your affirmative consent, is described in the Sections “Personal data that we collect about you” and “Sharing of your personal data” below. Please make sure that you have read and fully understood these sections (i.e. the information we may collect about you and how we can use and/or share such information) before consenting to Plotagon’s processing of your personal data. Note that you always have the choice to withdraw your consent at a later stage.

If you have questions regarding your personal data stored with us, including a request for access rectification or deletion, or you object to certain uses, please feel free to contact us e.g. by sending an email to privacy@plotagon.com or write to us at:

Plotagon Production AB
Grev Turegatan 9, 2tr
114 46 Stockholm
Sweden

Fundamentals on personal data protection

Protecting the security and privacy of your personal data is essential to us. Therefore, we are always working on upholding compliance with applicable laws on data protection and data security, including but not limited to the European Data Protection Directive 95/46/EC and relevant US federal and State laws that may apply to the receipt, storing, maintenance or access to personal data. Since your personal data can be stored on many different locations, please note that it may be subject to privacy laws that are different from those in your country of residence.

This Privacy Policy is designed to give you full transparency regarding our data protection practices. If there’s anything that’s not clear from this Privacy Policy, please feel free to email us at the above stated address.

We will retain your personal data only for the period necessary to fulfill the purposes for which such data was collected. When it is no longer necessary for us to retain such data, it will be deleted or made anonymous in a safe and permanent manner or access to it will be blocked to the extent that statutory data retention requirements apply.

Personal data that we collect about you

Depending on how you use the Services and what plan you sign up for, you may be required to provide certain personal data from various sources:

Information that you provide voluntarily

Plotagon® only collects personal data that it deems necessary to fulfill your online requests and our legitimate business objectives. If you wish to use the Software you will need to register a Plotagon® account and, by doing so, you will provide us with certain personal data. The personal data required for registration may vary depending on the type of Service that you use.

Essential Information: When you register a Plotagon® account, you will need to provide your email address and choose a password. In addition, if you purchase a premium subscription, you will also need to provide your real name, billing address and payment verification information. If you are a teacher or school administrator purchasing subscription for Plotagon® Education you will also need to provide the name and address of the school that you are representing. The same applies for teachers and school administrators residing the United States who wish to add students to an existing Plotagon® Education account.

Students: If you are student using Plotagon Education we will only store the email address and password that your teacher/school administrator provides us with when setting up your account.

Profile Information: As long as you are not a student using Plotagon® Education you may choose, at your discretion, to provide additional information when setting up your user profile in Plotagon®. Such additional information may include:

  • your real name
  • a user name (which may be your real name or a pseudonym)
  • your city and country of residence
  • an avatar

None of this profile information is mandatory, and any information you do provide may be deleted, edited, changed or amended by you at any time by altering your profile information.

Any additional personal data that you provide when using the Services (e.g. in your animated stories that you share or otherwise post via the Software) and metadata associated with such personal data, which may include content creation date, formatting information; location information such as country, region and city (geotags).

Information provided when communicating with us: You will provide certain personal data if you contact us by email, use any of the web forms on the Website, or contact us by mail, fax or other offline means.

Survey Information: If you participate in any survey, you will provide certain personal data as part of your response, unless you respond anonymously.
Automatically collected information

There is certain information that we collect automatically as the result of your use of the Services. This information includes:

the Internet Protocol (IP) address of the device from which you access the Website (this can sometimes be used to derive the location from which the Website has been accessed).

  • the site that you visited immediately prior to visiting the Website.
  • any search terms that you may enter on the Website.
  • the time, frequency and duration of your visits to the Website.
  • your browser type and operating system.
  • the nature of the device from which you are accessing the Services, for example, whether you are accessing the Services from a personal computer or from a mobile device.
  • information collected through cookies and similar technology, as described in the section Cookies and Logs below.

How we may use your personal data

We use the information that we collect about you for the following purposes:

  • Your email address and password are used to identify you when you log into the Website and in order to give you access to the Software.
  • Applying to Plotagon® Story users only: Any additional personal data that you provide in your publicly shared animated stories will be publicly accessible and viewed by others. Please bear this in mind when sharing your animated stories online.
  • If you are a teacher or a school administrator having purchased a subscription for Plotagon® Education or if purchased content as a Plotagon Story user, your name, address and payment verification information will be used to process your account subscription and/orto collect your payment.
  • Your email address will be used to send you service updates and notifications regarding your account.
  • For information about how to change your preferences, and to unsubscribe from newsletters, marketing messages and email notifications, please see the section “How you can control shared personal data”, below.
  • Content that you have freely chosen to upload when using the Services may be stored and used by Plotagon® as promotional material even after your account has been deleted.

Your personal data may also be used by us for the following general purposes:

  • To operate and maintain your Plotagon® account, and to provide you access to the Software and use and any Services that you may request from time to time.
  • To identify you as the creator of the animated stories that you share, the comments that you post and/or the other contributions that you make when using the Services.
  • To seek your participation in surveys, and to conduct and analyze the results of those surveys if you choose to participate.
  • To provide you with technical support.
  • To analyze the use of Website and in order to improve Plotagon®.
  • To enable you to communicate with other Plotagon® users.
  • To customize your use of the Services and/or the content of any email newsletter or other material that we may send to you from time to time.
  • To prevent or take action against activities that are, or may be, in breach of our Terms of Use or applicable law.
  • For other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your personal data.

If you are a student using Plotagon® Education, please note that your name and email address will only be shared amongst teachers/administrators of the same class. If you, as an educational user, choose to share your animated stories with other students using Plotagon® Education, your user name will be shared with such users. For more information about our policy towards children and compliance with the Children’s Online Privacy Protection Act, please see below.

Sharing of your personal data

We will not share your personal data with any third party, except as described in this Privacy Policy. There are circumstances where we may need to share some of the personal data we collect about you or which you provide to us. These circumstances are as follows:

Other Users (applying to Plotagon® Story users only): Any personal data included in your publicly shared animated stories (other than your email address).

With your consent: We will disclose your personal data if you have explicitly agreed that we may do so. We will make this clear to you at the point at which we collect your information.

Service Providers: We may also transfer, disclose or share your personally identifiable information with our partners and affiliates and third parties whom may be engaged by us specifically to handle and deliver certain activities necessary to operate our business (e.g. processing of payments). These third parties will have access to certain information about you, but only where this is necessary in order for those third parties to provide their services to us. Where we transfer personal data to these third parties, we ask and require these third parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal data, and only to process personal data in accordance with our instructions and to the extent necessary to provide their services to us.

As aggregated data: We may aggregate your personal data with similar data relating to other users of the Services in order to create statistical information regarding the Services and its use, which we may then share with third parties or make publicly available. However, none of this information would include any email address or other contact information, or anything that could be used to identify you individually.

If required by law: We will disclose your personal data if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand or request.

In the context of a business transfer: In the event of a corporate reorganization (e.g. all or substantially all of the assets relating to Plotagon® are transferred or sold to another entity

To protect legitimate interests: We may disclose your personal data if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Services.

Please note that this Privacy Policy does not apply to any third party sites or applications, and we cannot control the activities of those sites or applications. You are advised to read the privacy policies of those sites or applications before sharing your information with, or connecting your Plotagon® account to, any of these third party sites or applications.

Cookies and Logs

A cookie is information a website places on your computer’s hard drive so that the website is able to remember your preferences and/or which pages you visited on the website and make your visit more efficient and enjoyable. Plotagon® may use cookies to determine the number of unique visitors to the Service over a given period, or to remember user account details, etc. so that the need for multiple log-ins is eliminated. It may combine information collected through cookies to any personal data submitted online when using the Service to help personalize a user’s access to and use of the Service. Cookies may be disabled on your computer by indicating this in the preferences or options menus in your browser. Plotagon® may collect data in the form of logs. Log data collected on web servers supplies Plotagon® with aggregate information about the number of visits to different pages on the Service and other navigational data. Further information is available at http://aboutcookies.org.

How you can control shared personal data

We do our best to give you as much choice as possible regarding the amount of personal data you provide to us, and the control you have over that information.

It is not necessary for you to provide us with any information in order to visit the Website, although certain information will be collected automatically by virtue of your visit (as described above). However, if you do decide to register a Plotagon® account, you can control your personal data as described below.

Most of the personal data you provide to us can be accessed and updated by logging in to your Plotagon® account on the Website. If you wish to access, amend or delete any other personal data we hold about you, or if you have any objection to the processing of any information that we hold about you, please contact us at privacy@plotagon.com or the address below.

If you ask us to delete your account (either via the Settings page or by email), we will do so within a reasonable period of time, but we may need to retain some of your personal data in order to satisfy our legal obligations, or where we have a legitimate reason for doing so.

If you have questions regarding your personal data stored with us, including a request for access rectification or deletion, or you object to certain uses, please feel free to contact us e.g. by sending an email to privacy@plotagon.com.

Security and data breaches

We use appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing and against accidental loss, destruction or damage. Your personal data is stored in a secure manner on protected equipment. Only a limited number of personnel have access to this equipment and only persons with a legitimate reason have access to your personal data. Unfortunately, the transmission of your personal data via the internet is not completely secure. While we will endeavor (through the use of appropriate security measures) to protect your personal data, we cannot guarantee the security of such data when it is transmitted to us via the internet: you accept that any such transmission of your personal data is at your own risk.

International data transfers

Plotagon® is based in Europe, and your personal data is collected, stored, used and shared in accordance with European laws. However, from time to time, it may be necessary for us to transfer your personal data to the US. You should be aware that privacy laws in the US may not be equivalent to the laws in your country, and by using the Services, you consent to the transfer, storage and processing of your personal data in the US in accordance with this Privacy Policy and applicable law.

Our policy toward children

You acknowledge that the Services are not intended for use if you are under thirteen (13) years of age unless you are using our educational software Plotagon® Education and have been given access thereto as part of your school’s educational plan. If you are under thirteen years (13) of age and are using Plotagon® Education in the United States, you shall further ensure that the consent of your parents or legal guardians has been obtained by your school as described below, in compliance the Children’s Online Privacy Protection Act (“COPPA”).

Plotagon is required under COPPA, with limited exceptions, to obtain verifiable parental consent in order to collect, use, or disclose personal data from you, if you are under 13 years of age (a “Child”). COPPA allows your school to obtain consent for the online collection of personal data from you and other children who are students at your school. If you are a Child who wants to use our Educational Plan, you must first obtain an account from your school.

Before an Educational Plan account is provided to a school, we require that the school (a) obtains verifiable parental consent with regard to every Child that will use the Services, (b) consents (on behalf of the parents/legal guardians) to the collection, use and disclosure of personal data of the Child, through the Services, in accordance with this Privacy Policy and the consent form made available by Plotagon® and (c) agrees (on behalf of the parents/legal guardians) that the Child’s online activities are subject to the Terms of Use. As required under COPPA, we allow parents/legal guardians certain choices regarding the personal data submitted by their children. Parents/legal guardians should make any permitted requests with the school and have the school, as the parent’s/legal guardian’s agent, pass on those requests to Plotagon®. We may rely on the instructions that we receive from the school that we reasonably believe are given by a Child’s parent to the school. For example, if a representative from the Child’s school contacts us and provides the account information we request, we may assume that the person calling is acting on behalf of the Child’s parent.

We provide parents/legal guardians the following choices with respect to the collection, use, retention and disclosure of personal data. A Child’s registration information is always accessible to him/her. A parent/legal guardian has the right to review his/her Child’s personal data, which the parent can obtain by contacting his/her Child’s school. After reviewing the Child’s personal data, the parent/legal guardian may ask us to update or delete the Child’s personal data by requesting such changes through the Child’s school.

If a parent/legal guardian chooses to prohibit any future collection, use or disclosure of the Child’s personal data, the parent/legal guardian may do so by terminating the Child’s account through the school, and requesting the deletion of the Child’s personal data through the school. Upon receiving such request from the Child’s school, we will delete the Child’s account information from our live databases and all the information and data stored for such account. Plotagon will not have any liability whatsoever for any termination of the account or related deletion of the Child’s personal data. When we delete personal data, it will be deleted from our active databases but may remain in our archives.

Our policy on student data

We acknowledge that the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (“FERPA”) primarily applies to schools that receive funding from the U.S. Department of Education and that Plotagon® will be indirectly affected by the FERPA regulatory framework when providing services to educational institutions in the US.

As required of such schools under FERPA, as an administrator or teacher under an Educational Plan, You agree that You have obtained valid student and parental consent to disclose personally identifiable information to us.

Plotagon® makes the following commitments to schools regulated by FERPA: Plotagon® will protect the confidentiality of any student data and/or personally identifiable information provided to us or any of our representatives. We further acknowledge that we will review and comply with all information security programs, plans, guidelines, standards and policies that apply to our work as a result of the FERPA regulatory framework and will implement and maintain any other reasonable and appropriate security procedures and practices necessary to protect personal data and/or student information from unauthorized access, destruction, use, modification, disclosure or loss.

Plotagon® specifically agrees with schools regulated by FERPA to:

  • use personable identifiable student data for no purpose other than in connection with providing the Services for a legitimate and educational interest;
  • use reasonable methods, consistent with reasonable industry standards to protect student data from re-disclosure and not to share the student data received under this Agreement with any other entity without the prior written approval of the school responsible under FERPA;
  • not to copy reproduce or transmit student data except as necessary to provide the Services in furtherance of a legitimate and educational interest;
  • notify the Chief Information Officer for the school responsible under FERPA without undue delay that it has experienced a data breach, breach of security or unauthorized acquisition or use of student data;
  • to maintain sufficient backup copies of data files in case of customer system failure or any other unseen event resulting in loss of student data;
  • to, upon request of the school responsible under FERPA, promptly provide the school responsible under FERPA with any specified portion of the student data; and
  • to, upon request of the school responsible under FERPA, promptly return and/or erase applicable portions of the student data.

Changes and Updates to this Privacy Policy

Occasionally we may, in our discretion, make changes to the Privacy Policy. If we make material changes to the Privacy Policy, we will provide you with prominent notice as appropriate under the circumstances, either by sending you an email prior to the implementation of the altered terms or by asking for your explicit approval to the updated terms and conditions within the Services. In case prominent notice if provided to you in the form of an email, your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Services under the new version of the Privacy Policy, you may revoke your acceptance hereto by contacting us at legal@plotagon.com, or write to us at the address set out in the first section of this Privacy Policy.

Updated: January 24, 2017

Commercial License Agreement

  1. Initial provisions

Plotagon AB (“Licensor”) has developed the Software, a downloadable application with which a user may create animated characters, stories, and movies. Because you (“Licensee”) would like to use the Software, the Parties have entered into this Agreement.

  1. Definitions

The following terms used in this Agreement have the following meanings:

Agreement” means this agreement and any duly agreed amendments.

Business Day” means a day on which banks are open for business in Sweden (excluding Saturdays, Sundays and public holidays).

Confidential Information” means the content of this Agreement and any technical information, financial information, trade secrets, customer lists and other information that a Party receives or obtains (orally, in writing or in any other form) as a result of entering into or performing its obligations under this Agreement or that otherwise relates to a Party.

Content” means all scenes and characters available to the User, including any new scenes and characters that Licensor makes available to the User during the Term. Content may be digital animations, characters, environments, scenes and other types of digital interaction between digital characters.

Effective Date” means the date the Agreement is accepted by the Licensee.

EULA” means the End User License Agreement for the Software.

First Line Support” means basic technical support provided in English or Swedish by Licensor’s support staff to the User via email during normal office hours (09.00 – 17.00 Central European Time) during Business Days.

IPR” means Plotagon’s Intellectual Property Rights, including the Software and thereto connected systems, software, Content and services developed and owned by the Licensor, including all of the Licensor’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information as well as the metadata created or commissioned by Licensor that describes that Software).

License” means the Licens­ee’s right to use the Software and Content, as described in section 3 Grant of License.

License Fee” means the annual fee stated on the Licensor’s website when the Agreement is accepted by the Licensee, or otherwise agreed between the Parties. VAT, if any, is not included in the License Fee.

Licensee” means the Party that is granted a License by accepting this Agreement, with address as provided when purchasing the License.

Licensor” means Plotagon AB, reg. no 556835-1570, a limited liability company incorporated under the laws of Sweden, with registered address at Grev Turegatan 9, SE-114 46, Stockholm, Sweden, and having (for the purpose of this Agreement) the email address legal@plotagon.com.

Movies” means an animated video that a User creates as the result of using the Software.

Party/Parties” means the Licensor and the Licensee.

Software” means the suite of Plotagon software applications including Plotagon Studio, Plotagon Education, Plotagon Story, and any new editions thereof.

Term” means the period for which this Agreement is valid, including any extensions, pursuant to section 13.

Territory” means worldwide.

User” means employees or consultants working for the Licensee who are authorized to use the Software.

  1. Grant of License

Subject to the terms and conditions of this Agreement, including full payment of the License Fee, the Licensor grants to the Licensee the non-exclusive right to let one named User download, install and use the Software for creating Movies in the Territory.

  1. Delivery of Software

4.1. The Licensee will provide the name of the User and its email address, and the Licensor will then send an email with instructions on how to download the Software. The email will also include a username and a password, which are necessary for the User to access the downloaded and installed Software. The username and password is personal for the User. If the Licensee would like to replace the User with another User the Licensee shall provide the Licensor with the name and email address of the new User, where after the Licensor will provide a username and a password for the new User. After such transfer, the username and password for the previous User are no longer valid.

4.2. The Software is used offline, but an internet connection might be necessary to download new features and to verify the password when accessing the Software.

  1. Support

The Licensor provides First Line Support to the Licensee for the latest edition of the Software. The Licensor shall use commercially reasonable efforts to provide First Line Support as soon as reasonably possible. The Licensee shall provide such access, information and support as the Licensor may reasonably require in the process of supplying First Line Support.

  1. Remuneration

6.1. The Licensee shall pay to the Licensor, or other party assigned by the Licensor, the License Fee.

6.2. The License Fee is payable at the when the Licensee orders the Software, unless otherwise agreed between the Parties.

7.0. The Licensor’s Obligation

7.1. The Software is provided on an “as is” basis and the Licensor makes no warranties in regard of compatibility, suitability for a certain purpose or that the Software will be continuous, uninterrupted, secure or error-free.

7.2. The Licensor possesses all rights necessary to grant the rights under the Agreement.

7.3. The Licensor shall indemnify and hold Licensee harmless from and against all loss, liability and expense (including reasonable attorney’s fees) suffered or incurred by Licensee by reason of any material breach of this section 7, however limited to the total License Fees paid by the Licensee during the calendar year during which the breach took place.

  1. The Licensee’s Obligation

8.1. The Licensee may not:

8.1.1. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which the Licensee is located;

8.1.2. rent, lease, sell, assign or otherwise transfer rights in or to the Software or related documentation;

8.1.3. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Software;

8.1.4. use, nor store, nor integrate the Software to create any Movies, characters, content or material that is illegal, obscene, libellous, scandalous, defamatory, indecent, objectionable, or otherwise violates any rights of privacy and publicity or any other applicable laws, or that infringes on the copyright, trademark, or other intellectual property rights of Licensor or any third party, nor use any Movies, characters, content or other material created by the Software in any way described in this section;

8.1.5. send, transmit or store in the Software viruses, trojans, malware, spyware, or other harmful or malicious code, interfere with or disrupt the provision of the Software or the data therein, or try to access the Software or related systems in a way contrary to the Agreement;

8.1.6. allow access to the Software to anyone other than the User, including sharing User logins with other employees or contractors without Licensor’s written consent.

8.2. The Licensee shall see to that the User observes the terms in this Agreement and in the EULA that accompany the Software, if any. In the event that there is a conflict between the terms of the EULA and this Agreement, the terms of this Agreement will prevail.

8.3. The Licensee is responsible for any breach and infringement made by any User or any other third party which has been given access to the Software by the Licensee.

8.4. The Licensee has the full and unencumbered right, power and authority to enter into this Agreement.

8.5. The Licensee shall indemnify and hold the Licensor harmless from and against all loss, liability and expense (including reasonable attorney’s fees) suffered or incurred by Licensor by reason of any breach of this section 8.

  1. Intellectual Property

9.1. The respective Party shall, during and after the Term remain the owner of its intellectual property right, such as copyrights, industrial design rights, trademarks and other registered or non-registered trademarks or other rights. This Agreement shall not be interpreted in such a way that some of these rights are partly or wholly transferred to the other Party, if this is not expressly indicated in this Agreement.

9.2. For the avoidance of doubt, Licensor retains all ownership rights, title and interest in the Software, Content and IPR, including but not limited to trademarks and all patents, copyrights, trade secrets and other proprietary rights in or related to the Software, Content and IPR. Notwithstanding the above, the rights to any Content commissioned by, or custom-developed for the Licensee shall be retained as agreed and negotiated by the Parties.

9.3. The rights to scripts, recorded voices, and other content provided by the Licensee are hereby retained by the Licensee.

9.4. The Licensor is co-author to all Movies and does not object to the Licensee’s use of the Movies in accordance with this Agreement. If the Licensor assesses that the Licensee is using Movies in breach of this Agreement the Licensee shall, upon request from the Licensor, delete such Movies.

  1. Limitation of Liability

10.1. Except for breach of the regulations concerning The Licensor’s Obligation (section 7), The Licensee’s Obligation (section 8), Intellectual Property (section 9), Confidentiality (section 14) or Data Protection (section 12), the following limitation of liability shall apply:

10.1.1. Each Party’s aggregate liability is limited to the equivalent of the total License Fees paid by the Licensee during the calendar year during which the claim arose, but shall in no event exceed Ten Thousand Euros (€10 000).

10.1.2. The limitation of liability shall not apply for acts or omissions of gross negligence or wilful misconduct.

10.1.3. Neither Party shall be liable for any indirect or consequential damages. Each Party has been advised of the possibility of such loss or damages. This section 10 shall survive termination of this Agreement.

  1. Audit

11.1. The Licensor shall have the right, upon ten (10) Business Days’ prior written notice, to verify the User of the Software, provided said audit occurs no more than once per calendar year and is during normal business hours.

11.2. The cost of any such audit shall be borne in equal parts by the Parties, provided, however, that in the event such audit reveals misuse, then the Licensee shall bear the expense of the audit and compensate the Licensor for such misuse.

  1. Data Protection

12.1. The Licensor may process personal data under this Agreement when providing access to the Software and when providing First Line Support. The Licensor is the controller of personal data for such processing of personal data.

12.2. The Licensor, or a party appointed by the Licensor, may collect, store and use the User’s personal data, such as name, address, email address, phone number, in order to (i) register the License, (ii) respond to tickets when supporting Licensee in First Line Support, (iii) provide information about extension of the Agreement and (iv) through direct marketing with information regarding offers, products, etc. as well as other information regarding Licensor’s business.

12.3. The Licensor, or a party appointed by the Licensor, collects, handles and stores the User’s personal data at least in accordance with the Swedish Personal Data Act (Swedish Code of Statues 1998:204) and any other applicable legislation. The Licensor, or a party appointed by the Licensor, will ensure that the submitted personal data is stored in a secure manner.

12.4. When purchasing a License, the Licensee is responsible for ensuring that the User has consented to the storage, use and processing of its personal data as described in this Agreement, that the Licensor may transfer the personal data to a country which is not a member of the EU or the EEA, and that the Licensor sends direct marketing to the User by text message, email, Twitter, Facebook or similar communication channels.

12.5. The Licensor will not store any personal data longer than necessary for the purposes presented above in this section and the Licensor will only collect personal data necessary to fulfill the purposes presented in this section.

12.6. The User has the right to, without any costs, once per calendar year, request information regarding the User’s personal data (if any) that Licensor has processed and the User may also have any potential incorrect data corrected. If the User wishes to know about how the Licensor process its personal data, the User can send a written and signed request to the Licensor via privacy@plotagon.com.

  1. Term and termination

13.1. This Agreement enters into force on the Effective Date and is valid for twelve (12) months.

13.2. The Agreement can be extended for a period of twelve (12) months at a time, if the Licensee pays a new License Fee before the expiry of this Agreement. The size of the License Fee shall be subject to Licensor’s sole discretion unless otherwise agreed in writing by the Parties.

13.3. Subject to the provisions of section 17 (Force majeure), a Party is entitled to terminate this Agreement with immediate effect should

13.3.a. a proceeding in bankruptcy, insolvency or other law of the relief of debtors, including the appointment of any receiver or trustee or assignment for the benefit of creditors, be instituted by or against the other Party; or

13.3.b. the other Party commit a material breach of its obligations pursuant to this Agreement that, if possible to remedy, are not remedied within ten (10) Business Days of notification of such breach by the non-defaulting Party.

13.4. A Party’s notice of immediate termination in accordance with section 13.3 must be given without undue delay from when such Party became aware of the circumstance giving rise to such notice.

13.5. Termination of this Agreement will be without prejudice to any rights and obligations of either Party against the other which may have accrued up to the date of such termination.

13.6. Sections 14 (Confidentiality) and 18 (Governing law and jurisdiction) will survive termination of this Agreement.

  1. Confidentiality

14.1. Save for the other Party’s prior written consent, each Party hereby undertakes not to directly or indirectly exploit or reveal to a third party any information about this Agreement or Confidential Information that a Party has received as a result of or pursuant to this Agreement.

14.2. The Parties’ undertaking above does however not apply to:

14.2.a. disclosure of information due to a court judgment or decision by any authority;

14.2.b. disclosure necessitated by applicable laws, stock exchange contract or similar binding rules;

14.2.c. information which a Party can prove was in its possession before the Party received it from the other Party; or

14.2.d. information that, at the time of disclosure, is generally available to or known by the public other than as a result of its disclosure in breach of this Agreement.

14.3. A breach of this section 14 shall be considered a material breach of this Agreement in accordance with section 13.3.b.

  1. Notices

15.1. Any notices and other communication to be made under or in connection with this Agreement must be in writing in the English language, and must be sent by courier, registered or certified mail or email and be addressed to the other Party as set forth in section 2or to such other addresses as a Party may notify the other Party in accordance with this section by not less than five (5) Business Days’ notice.

15.2. A notice shall be effective upon receipt and shall be deemed to have been received:

15.2.a. at the time of delivery, if delivered by hand;

15.2.b. two (2) Business Days from the time of posting, if sent by registered or certified mail, return or delivery receipt requested, postage prepaid; or

15.2.c. if by way of electronic mail, at the time of transmission, if receipt is confirmed.

  1. Assignment

Neither Party may assign, transfer or pledge or otherwise dispose of or grant any security interest in or over any of its rights or obligations under this Agreement without the prior written consent of the other Party, not to be unduly withheld, with the exception that the Licensor may assign its rights if the majority of its assets are acquired by a third party.

  1. Force majeure

17.1. A Party shall be relieved from liability for a failure to perform its obligations under this Agreement during such period, and to the extent that the due performance thereof by the Party is prevented by reason of any circumstance beyond the control of the Party, which could not reasonably have been foreseen or taken into consideration by the Party prior to entering into this Agreement as well as for which the effects thereof could not reasonably have been avoided or mitigated by such Party.

17.2. If relief from liability is provided in accordance with the above, this stipulates an extension of time regarding performance and relief from damages and other remedies. If a Party wishes to invoke a circumstance in accordance with this section, it shall give notice to the other Party when there is a risk for failure or delay to perform an obligation under this Agreement. The time for performance of the relevant obligations of a Party shall be appropriately extended by the period during which the circumstance shall have continued, provided, however, that if performance of a contractual obligation is prevented by such a circumstance for a period of three (3) months or more, each Party shall be entitled to terminate this Agreement.

  1. Governing law and jurisdiction

18.1. This Agreement is governed by and construed in accordance with Swedish law.

18.2. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce.

18.3. The seat of arbitration shall be Stockholm, Sweden, and the language to be used in the arbitral proceedings shall be English, unless otherwise agreed between the disputing parties.

18.4. The Parties agree not to disclose any information obtained in connection with the arbitration proceedings (including all communications, decisions and rulings in the arbitration proceedings) to any third party unless the other Party has given its written consent to disclose such information or if required to do so by law or other binding regulations.

Updated: 27 January 2017