Terms of Use

1. Introduction

Stepkins is a game for parents and children that takes the family outdoors: the child and their buddy collect items on a map, complete simple tasks, walk to playgrounds and look after a farm at home. The app and the website stepkins.com (together the "Service") are operated by Powermove s.r.o., company ID 10955267, registered office Bořivojova 878/35, Žižkov, 130 00 Prague 3, Czech Republic, registered with the Municipal Court in Prague under file no. C 351295 ("we", "us" or the "operator").

These terms are a contract between you and the operator. They apply to the app, the website and everything that belongs to them (account, family, widgets, notifications, sharing of walks). By installing or using the Service you agree to these terms. If you do not agree, please do not use the Service.

Our Privacy Policy, which describes how we handle data, forms part of these terms.

2. Who uses the Service

• The contract is entered into by an adult – a parent or other legal guardian of the child (the "parent"). Only a person aged 18 or over may create an account or make purchases.
• The child uses the Service only together with the parent. The app is designed so that the adult holds the device and the child completes the tasks next to them. The child must never go outside with the app alone.
• A parent who lets a child use the Service accepts these terms on behalf of the child as well and remains responsible for the child at all times: for where you go, what the child does, whether the child is up to a task and whether the child is safe. We recommend that you always supervise the child's use of the Service. To the extent permitted by law, we are not responsible for the child's conduct, whether or not it had your permission.
• If you make the Service available to other people (the other parent, grandparents, a babysitter), you are responsible for making sure they know and follow these terms.

3. Safety in the real world

Stepkins is a game played outdoors, in the real world. The real world has roads, water, railway tracks, private property, uneven ground, weather and other people. YOU, NOT THE APP, ALWAYS DECIDE WHERE YOU GO AND WHAT YOU DO.

3.1 The app does not verify places or situations

The app places items, tasks, destinations and playgrounds automatically, based on third-party map data. We do not check these places in advance and the app cannot tell what is actually there. WE DO NOT GUARANTEE THAT ANY PLACE SHOWN IN THE APP IS SAFE, ACCESSIBLE, PUBLIC OR THAT IT EXISTS AT ALL. It may therefore happen that:

• an item, task or destination appears at a place where it is not possible or not appropriate to go (next to a road, on railway tracks, by water, on private property, on a construction site, etc.);
• a task involving movement or touch (jumping, running, climbing, touching plants or objects) is not safe or suitable at that place or for your child;
• a playground or other place from the map does not exist, is closed, damaged or private;
• a suggested route follows a road, crosses a busy junction or goes somewhere you would not take a child;
• location, distance and time data are inaccurate; positioning is routinely off by tens of metres.

None of this is an instruction to go to such a place or to complete the task. Simply ignore any item, task or destination that is out of safe reach; the game does not penalise you in any way.

3.2 Your obligations

By using the Service you agree that you will:

• ALWAYS WATCH YOUR SURROUNDINGS, not the screen, and play and move safely; you do not look at the screen while walking, crossing, or near vehicles and water;
• assess every place and every task yourself according to the actual situation and your own judgement before letting the child go anywhere or complete a task;
• not enter places where you have no right or permission to be, or dangerous places: roads, railway tracks, private property, closed areas, construction sites, bodies of water, dangerous terrain and places where entry is prohibited;
• not do anything that could cause injury, death, property damage, nuisance or liability to you or others;
• obey traffic rules, local regulations, prohibitions and the instructions of those in charge of a place, and be considerate of other people;
• adapt each walk to the age, abilities and health of the child and yourself, to the weather, time of day and visibility; tasks are suggestions, not obligations – skip any task that is not suitable for your child;
• not use the Service while driving or while riding a bicycle, scooter or any other vehicle;
• be prepared for the app to stop working, lose signal or run out of battery, and manage without it.

3.3 What the Service is not

The Service is not a navigation tool, a safety device, a medical device or a child-monitoring tool. It does not give health or safety advice and must not be used to decide what is safe. Notifications and vibrations are game reminders only.

3.4 Disputes with third parties

If a dispute arises between you and a third party (for example a landowner, the manager of a place or another person) while you are using the Service, it is yours to resolve. To the extent permitted by law, you release us from any claims against us arising out of such a dispute.

4. Assumption of risk

YOU USE THE SERVICE AT YOUR OWN RESPONSIBILITY AND AT YOUR OWN RISK. Being outdoors, all the more so with a small child, involves inherent risks: falls, injuries, collisions with other people or vehicles, bad weather, animals, plants and the like. YOU ACKNOWLEDGE THAT WE CANNOT ELIMINATE THESE RISKS, THAT THE SERVICE IS ONLY A GAME AND THAT IT MUST NOT BE RELIED UPON FOR SAFETY DECISIONS. The same applies to any activity you undertake because of a task or item in the app.

5. Account, family and use without an account

• The Service can be used without an account; your data is then stored only on your device and is lost if the device is lost or the app is uninstalled.
• An account (Apple, Google or email) backs up your data to our server (details in the Privacy Policy). You are responsible for access to your account and for everything that happens under it. Do not share your login details with anyone.
• Family: you can invite other adults to your family. They then see the walks and the child's progress. Only pass the invitation to people you trust; the family owner can remove a member at any time.
• A device used without an account may have an anonymous technical identifier that serves only to make the Service work and is not linked to you as a person (see the Privacy Policy).
• You can delete your account, including all data on the server, at any time directly in the app.

6. Virtual content

Buddies, Stepkins, items, apples, farm buildings and other game elements are virtual content with no real-world value. They cannot be exchanged for money, sold or transferred outside the Service. We grant you only a limited right to use them within the game. We may adjust, rebalance or remove game elements in the interest of developing the game; this does not entitle you to compensation unless the law provides otherwise.

7. Premium and payments

The basic game is free. The paid Stepkins Premium subscription adds in particular:

• more children in the family and joint walks with several children;
• up to three adults in the family (inviting another parent, grandparents and so on);
• all tasks (without Premium, a limited number of tasks is available for each age) and, in the Czech app, the English learning game;
• the whole farm, including additional buildings;
• automatic backup of photos from walks.

You can always see an up-to-date overview of what is free and what Premium adds in the app (Profile → Premium) before you buy. We may develop and change the scope of Premium (section 14); this will not shorten a period you have already paid for.

7.1 Who can buy

Only an adult signed in with an account can make a purchase. Premium applies to the whole family: to all adults in the family and their devices, for as long as they are members of the family. A member removed from the family by its administrator loses that family's Premium.

7.2 Plans, price and trial period

Premium is offered as a monthly or annual subscription. If the app also offers a one-off Premium forever purchase, it is valid for as long as we operate the Service. You will see the price in the app and in the store's window before you confirm the purchase, in your local currency including VAT; it may differ by country and store. We do not currently offer a free trial; if we do, you will see its length and conditions before you buy.

7.3 Payment and automatic renewal

The subscription is purchased and paid for through the App Store (Apple) or Google Play (Google) and is governed by their rules. Payment details are processed only by the relevant store; we never see them. Payment is charged to your store account when you confirm the purchase. The subscription renews automatically for another period at the price valid at that time unless you cancel it at least 24 hours before the end of the current period. The store will inform you of any price change in advance and, where its rules require, ask for your consent.

7.4 Cancellation

You can cancel the subscription at any time in the settings of the store where you bought it (iPhone: Settings → your name → Subscriptions; Android: Google Play → profile → Payments & subscriptions). Uninstalling the app or deleting your account does not cancel the subscription. After cancellation, Premium continues until the end of the paid period and is not renewed.

7.5 Refunds and withdrawal

Refund requests are handled by the store where you made the purchase, under its own rules (Apple: reportaproblem.apple.com; Google Play: in your order history), because the store received the payment. No pro-rata refund is given for an unused part of a period unless the law or the store's rules provide otherwise.

If you are a consumer, you generally have the right to withdraw from a contract for digital content within 14 days of concluding it. We make Premium available immediately after payment; if, when buying, you expressly agreed to immediate access and acknowledged that you thereby lose the right of withdrawal, that right ends. Your other consumer rights (in particular rights relating to defective performance) are not affected.

7.6 Restoring purchases, a new phone and codes

Premium belongs to the family, not to a device. On a new phone, sign in with the same account; you can also use Restore purchase in the app with the same Apple ID or Google account you paid with. Promotional codes are redeemed in the store (the "I have a code" option in the app) and are valid under the conditions stated with the code. In individual cases we may provide Premium free of charge (for example to testers or as part of a promotion); such Premium is valid for the period we announce.

7.7 When Premium ends

If Premium ends (by cancellation, an unpaid payment or expiry), your data stays: children, buddies, the farm, the collection and walks. Only Premium features are paused, for example joint walks with several children, walks from other family members' phones and new Premium tasks and buildings. The app downloads photos from walks back to your phone; we delete their backup on our server no earlier than 30 days after Premium ends, and you will see the deletion date in the app in advance. Renewing Premium makes the features available again.

If we stop operating the Service, we will end subscription renewals and deal with any paid but unused period in accordance with the law.

8. Intellectual property and your content

All content of the Service – characters, illustrations, map style, task texts, sounds, the Stepkins brand and the software – is our property or is used by us under licence. You receive a personal, non-exclusive and non-transferable licence to use the Service for the private purposes of your family. You may not copy, distribute, modify, sell, reverse-engineer or commercially exploit the content without our written consent.

The photos and walks you create in the app remain yours. If you share a walk (an image with a map and a photo), you are responsible for its content and for whom you give it to.

9. Rules of conduct

When using the Service it is prohibited to:

• cheat, in particular to fake or alter the device's location, or to use modified versions of the app, automated tools or scripts;
• submit false, misleading or inappropriate information, including reports about places on the map;
• interfere with the Service, its servers or rules, circumvent restrictions, probe security or access other people's data;
• collect or publish other users' data without their permission;
• use the Service to harass, stalk or endanger other people or to break the law;
• use the Service for anything other than the private purposes of your family.

In case of a breach we may restrict or terminate your account or access to the Service without compensation (section 13).

10. Third-party services

The Service uses third-party map data, route calculation, place search, sign-in and cloud services. We do not operate these services and are not responsible for their accuracy, availability or content. Third-party map data may contain errors and outdated information; what you actually see in front of you always prevails over the map.

10.1 Apple App Store and Google Play

You obtain the app through the App Store (Apple) or Google Play (Google). For App Store users the following also applies, as required by Apple:

• these terms are a contract solely between you and us, not with Apple; Apple is not responsible for the app or its content;
• you may use the licence to the app on Apple devices that you own or control, within the usage rules set out in the App Store terms;
• maintenance and support of the app are provided solely by us; Apple has no obligation to provide them;
• if the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the app; to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses or costs attributable to a failure to conform to a warranty are our responsibility;
• claims relating to the app (product liability, failure to comply with legal requirements, consumer protection) and third-party claims that the app infringes intellectual property rights are handled by us, not Apple;
• you represent that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
• Apple and its subsidiaries are third-party beneficiaries of these terms and, upon your acceptance of the terms, may enforce them against you.

For Google Play users, the Google Play terms of service apply in addition to these terms; Google is not a party to this contract. Purchases and subscriptions in both stores are governed by their rules (section 7). When using the Service you must also comply with any applicable third-party terms (for example those of your mobile carrier).

Contact for questions, complaints and claims: [email protected] (section 16).

11. Disclaimer of warranties

TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION, ERRORS OR SECURITY INCIDENTS, THAT IT WILL ALWAYS BE AVAILABLE, THAT LOCATION, DISTANCE, ROUTE, PLACE, TASK OR NOTIFICATION DATA WILL BE ACCURATE, TIMELY, COMPLETE OR SUITABLE FOR YOUR SITUATION, OR THAT DATA STORED ON THE DEVICE OR THE SERVER WILL NEVER BE LOST. YOU BEAR THE RISK ARISING FROM DEALINGS WITH OTHER PEOPLE YOU ENCOUNTER WHILE USING THE SERVICE (INCLUDING FAMILY MEMBERS AND PEOPLE OUTDOORS).

12. Limitation of liability

TO THE EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE:

• FOR INJURY, DEATH OR PROPERTY DAMAGE OCCURRING OUTDOORS, while completing tasks, while travelling to an item, destination or playground, or in connection with any other action you decided to take while using the Service (sections 3 and 4);
• for an item, task, destination or route having been placed at an unsuitable, dangerous or inaccessible place;
• for indirect, consequential or incidental damages, lost profits, loss of data, business interruption or the cost of substitute services, regardless of the legal theory, even if we were advised of the possibility of such damage;
• for damage caused by events beyond our control (force majeure, outages of networks and third-party services, acts of public authorities).

OUR TOTAL LIABILITY TO YOU UNDER THIS CONTRACT IS LIMITED TO THE AMOUNT YOU HAVE PAID US IN THE PRECEDING 12 MONTHS, AND IN ANY CASE TO NO MORE THAN CZK 1,000 (APPROXIMATELY EUR 40).

These limitations apply only to the extent permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages; in such jurisdictions our liability is limited to the maximum extent permitted. Under Section 2898 of the Czech Civil Code, an agreement that excludes or limits in advance the duty to compensate for harm to a person's natural rights (life, health) or for harm caused intentionally or through gross negligence, or that limits the right of the weaker party to compensation, is disregarded; under Section 1814 of the Czech Civil Code, a consumer's rights arising from defective performance and to compensation for harm cannot be excluded or limited. If you are a consumer, you retain these rights in full and the above limitations apply to you only where the law allows. In the event of a breach of a material contractual obligation through slight negligence, we are liable only for damage that was foreseeable at the time the contract was concluded and that is typical for this type of contract.

If a third party raises a claim against us because you breached these terms (for example by entering private property, cheating or misusing an account), you will compensate us for the resulting damage and reasonable costs to the extent permitted by law.

13. Termination

You may stop using the Service and uninstall the app at any time; you delete your account and server data in the app. We may restrict or terminate your account or access in case of a breach of these terms, suspected cheating or unlawful conduct, or if we stop operating the Service; in that case we will notify you in advance so that you can save your data, where possible. Sections 3, 4, 6, 8, 11 and 12 survive termination.

14. Changes

We may change the Service and these terms. We will notify you of material changes in the app or on the website at least 14 days in advance. If you do not agree with the changes, you may terminate the contract by stopping use of the Service and deleting your account; by continuing to use the Service after the changes take effect you accept them.

15. Final provisions

These terms are governed by the law of the Czech Republic. Disputes are decided by the Czech courts. As a consumer you have the right to out-of-court dispute resolution through the Czech Trade Inspection Authority (www.coi.cz) or the EU online dispute resolution platform (ec.europa.eu/consumers/odr). If you live in a country whose law grants you mandatory consumer protection, those rights are not affected by these terms.

If any provision is invalid, it applies to the maximum permissible extent and the remaining provisions remain in force. You may not assign your rights under this contract without our written consent; we may assign them to a successor of the operator. Failure to exercise a right does not constitute a waiver of that right. These terms constitute the entire agreement on the use of the Service. These terms are a translation of the Czech original; in the event of a conflict, the Czech version prevails.

16. Contact

Powermove s.r.o. Bořivojova 878/35, Žižkov, 130 00 Prague 3, Czech Republic Company ID 10955267, VAT ID CZ10955267 Registered with the Municipal Court in Prague, file no. C 351295 Email: [email protected]