USER AGREEMENT AND TERMS OF USE FOR PIFFL'S SERVICES

This Agreement ("Agreement") establishes the legally binding terms under which your use of Services provided by Open Play AB ("Piffl" or "We") occurs. The purpose of the Agreement is to govern the Services provided by Piffl, which offer you ("You") the use of outdoor activity equipment after registering in the Piffl app.

DEFINITIONS

In this Agreement, the following words, concepts, and phrases have the following meanings:

  • "Privacy Policy" refers to the privacy policy regarding Piffl's processing of personal data, made available by Piffl athttps://piffl.se/privacy-policy.
  • "Box" refers to the station that stores the equipment we provide.
  • "Equipment" refers to items such as "kubb", "volleyball", or "football" provided by Piffl.
  • "Item" means Piffl’s complete set of items, such as "kubb set" or "football and pump".
  • "Compartment" refers to the part of the box where the equipment you wish to rent is stored.
  • "Services" means the use of the equipment, the Website, the Piffl app and its associated services as described on the Website and in the app, along with related equipment services and information provided by Piffl.
  • "Piffl App" refers to the proprietary software application owned by Piffl through which you can access equipment using a computer or mobile phone.
  • "Website" means Piffl’s website www.piffl.se.

1. GENERAL

1.1 Parties to the Agreement

You and Piffl are the only parties to this Agreement. You are responsible for the use of the selected service.

1.2 Registering an Account

To use the Services, you must register an account in the Piffl app. You must follow the instructions provided during the registration process and supply accurate information. Without proper registration, you may not use the Services. You may only register one account and you are solely responsible for ensuring that no one else uses it.

If you become aware that someone else might be using your account (e.g. due to a lost or stolen device), you must inform Piffl immediately as per Section 8.

1.3 Piffl's Services

Piffl offers you the ability to use the Piffl app to locate and use outdoor gaming and sports equipment, if available. Availability is displayed in the Piffl app. As the number of available items is limited, Piffl cannot guarantee that you will always find equipment near you or that a box will be available at all (see Section 1.5).

1.4 Your Obligations and Requirements for Using the Services

You must be at least 13 years old to use the Services. Use of equipment by minors is strictly prohibited. If you allow a minor to use an item via your account, you are fully responsible for any loss or damage.

You are responsible for adapting your use of the equipment to external conditions, including your physical ability and risks involved. Weather, traffic, and other conditions may require you to avoid using the equipment altogether.

You must inspect the equipment visually before use to ensure it is complete. Please report any issues as outlined in Section 8.

If a rental is not ended within 6 hours, the item will be considered stolen, and Piffl will lock the compartment and dispatch personnel to replace it.

1.5 Service Availability

Equipment availability may vary due to high demand. Access to Services may be restricted at night or during local events. Piffl reserves the right to restrict access but is not obligated to do so.

1.6 Your Use of the Services

To use an item, you must start a rental through the Piffl app. You are responsible for having a working mobile device with internet access.

Rental continues until the item is returned and the rental is ended in the app using the security label.

The maximum rental time is 6 hours. If the item is not returned, the rental is automatically ended, the compartment locked, and a penalty applied. The item will be considered missing.

Use the equipment in compliance with local laws and with respect to pedestrians, traffic, and property.

Use equipment safely and take precautions to avoid injury or damage. Take a clear photo of the item upon return showing it is in the correct compartment. This photo may be stored as per our privacy policy.

Failure to return items properly may result in suspension from the Services.

Items must be returned in usable condition with normal wear and tear considered. You must not tamper with the Piffl app or equipment.

You are liable for all damages resulting from your use unless you acted neither negligently nor intentionally.

Commercial resale or unauthorized commercial use of the Services is prohibited.

1.7 Lost or Stolen Items

If you do not return an item within the 6-hour maximum period, it will be considered lost.

Piffl may charge you 800 SEK for each lost item unless a return attempt is visible. If Piffl deems an item stolen, appropriate actions will be taken including police involvement and insurance handling.

This applies regardless of reason, including items lost in bushes, trees, rooftops, water, or accidentally taken home.

1.8 Accidents and Other Incidents

If an incident results in personal injury, property damage, or loss to third parties, you must report it to the police as soon as possible. If the equipment is stolen while active, notify Piffl and provide documentation upon request.

1.9 Compliance with Local Laws

In addition to the above, you agree to use the Services in accordance with all applicable laws, regulations, and rules. You are solely responsible for legal compliance.

1.10 Compensation, Liability, and Suspension of Account

Piffl reserves the right to charge you 800 SEK if you violate any of the terms in Section 1. If actual damages exceed this amount, Piffl may seek full compensation.

Repeated or severe violations may lead to account suspension or limitation. Misuse, as outlined in Section 1.6, may result in immediate account blocking.

2. PAYMENT AND CREDITS

2.1 Prices and Fees

Your rental of equipment is based on a pay-per-use model, billed after the rental ends or in another way as specified in the applicable pricing policy in the Piffl app. Prices, fees, and other charges may be subject to applicable taxes and local public charges, which may be charged and collected by Piffl. You should always check prices and fees in the app before starting a rental.

Piffl reserves the right to pre-authorize 50 SEK from your payment card when using an item, when creating an account, or when adding a new payment method. This amount will be used for your next rental. Any unused portion will be refunded immediately after the rental ends. Note that the refund process may take a few business days due to bank or third-party processing.

All prices and monetary values in this agreement are stated in SEK.

2.2 Discounts and Promo Codes

Promo codes (discounts) are one-time offers and may only be redeemed in the Piffl app. Discounts may be limited to one per customer or user account and cannot be combined with other offers. Discounts are non-transferable and cannot be sold or refunded.

2.3 Payment Methods and Disputes

You must provide Piffl with information linked to a valid credit or debit card or another accepted payment method to register for Services in the app. You confirm that you are authorized to use each provided payment method. You agree that Piffl may charge your payment method for any applicable fees or charges incurred through your use of the Services.

You agree to notify Piffl without undue delay of any changes to your payment information.

Payments may be processed by a third-party payment provider. Piffl is not responsible for the payment process or any fees charged by third parties.

To dispute a charge made by Piffl, you must contact Piffl within a reasonable time from the charge date and provide all necessary information, such as the rental date and approximate start and end times. See section 8 for contact information.

2.4 Outstanding Payments

Any outstanding payment for your use of the Equipment or other fees under this Agreement will be processed via the payment method described in section 2.3. If payment fails for reasons within your control (e.g. invalid card, card change without notice), Piffl will inform you and provide a deadline to correct it. During this time, Piffl may suspend your access to the Equipment. If no reliable payment method is provided within two weeks, Piffl has the right to terminate the Agreement.

2.5 Actual Prices

Prices are communicated for each item in the Piffl app.

2.6 Account Deactivation

We reserve the right to deactivate your account at any time if you fail to make payments or otherwise violate the terms stated in this section.

3. LIMITATION OF LIABILITY AND ASSUMPTION OF RISK; FORCE MAJEURE

3.1 Limitation of Liability

Piffl can be held liable for intentional and grossly negligent acts as well as – regardless of the level or degree of fault – for damages arising from death, personal injury, harm to human health, and claims based on product liability legislation, including the Swedish Product Liability Act (1992:18).

Additionally, Piffl can be held liable for negligence related to impossibility or delay in performance, breach of warranty, or violation of other essential contractual obligations. Essential contractual obligations are those whose fulfillment is critical for proper execution of the contract and on which you regularly rely. In such cases, Piffl’s liability is limited to such typical contractual damages that were reasonably foreseeable at the time the contract was entered into.

Any liability of Piffl (on any legal grounds) beyond what is described above shall be excluded to the extent permitted by law. All such limitations of liability shall also apply to the benefit of Piffl’s management, employees, and representatives.

3.2 Force Majeure

Any operational disruptions caused by force majeure, strikes, lockouts, or lack of operational resources beyond Piffl’s control and that could not be foreseen when the Agreement was concluded shall not constitute grounds for liability on the part of Piffl if Piffl is unable to deliver the Services.

4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

4.1 Piffl's Rights

All copyrights, trademarks, trade names, logos, and other intellectual or industrial property rights owned and used by Piffl, as well as those found in the Piffl app or on the Website (including headings, graphics, icons, scripts, source code, etc.), are Piffl's property or licensed from third parties and may not be reproduced, distributed, sold, used, modified, copied, restricted, or otherwise used (in whole or in part) without prior written consent.

4.2 Respect for Piffl’s Property

You may not modify, attempt unauthorized access to, tamper with, intrude upon, repair, or otherwise alter any of Piffl’s materials or hardware, source code, or information, including the Piffl app, Website, or equipment, for any purpose. The Piffl app, Website, and equipment may only be used for purposes consistent with this Agreement.

4.3 Respect for Piffl’s Intellectual Property

You agree that the Services and other information, including all related intellectual property rights, provided and made available by Piffl shall always remain the exclusive property of Piffl, and that you may not use Piffl’s exclusive rights for commercial or other purposes without Piffl’s written permission.

5. PRIVACY

Piffl processes your personal data in accordance with Piffl's privacy policy, which is made available athttps://piffl.se/privacy-policy.

6. DURATION AND TERMINATION

This Agreement enters into force between you and Piffl at the moment you first use the Services provided by Piffl and remains valid until either you or Piffl terminate the Agreement.

Both you and Piffl may terminate this Agreement at any time, but if a rental is in progress, it must be completed in accordance with the Agreement. Obligations arising from breaches of the Agreement during its validity are not affected by its termination.

7. DISPUTES

All disputes related to this Agreement must be submitted in writing in accordance with the contact details provided in Section 8 below.

8. CONTACT

You can contact Piffl via email at info@piffl.se or by phone at 010-3300699.

9. GOVERNING LAW AND JURISDICTION

Any dispute arising from or related to this Agreement or a breach of it shall be subject to and interpreted in accordance with the laws of Sweden, unless mandatory law in another jurisdiction dictates otherwise.

A dispute related to this Agreement may be settled in a general court in Sweden within the jurisdiction where either Piffl is based or where you reside.

Please also note that disputes may be submitted for resolution to the European Commission's Online Dispute Resolution platform, which is available athttps://ec.europa.eu/consumers/odr.

10. ENTIRE AGREEMENT AND AMENDMENTS

This Agreement constitutes the complete, final, and exclusive understanding between the parties concerning its subject matter. It supersedes all prior agreements, whether written or oral, related to its subject matter.

Piffl may amend this Agreement at any time. If changes are made, you will be notified via email or in the Piffl app. These changes are considered accepted by you if you do not object within one month of being notified. Piffl will explicitly inform you of the consequences of not raising an objection. Changes will also be deemed accepted if you use the Services through the Piffl app after receiving the updated terms.

Previous versions of this Agreement will not be archived by Piffl. You are therefore advised to print and save old versions of the terms.

11. RIGHT OF WITHDRAWAL

Please note that you do not have a right of withdrawal once a rental has begun. Each rental is initiated with your prior explicit consent, and Piffl has fulfilled its obligations in accordance with this Agreement.