Huntry Terms of Service

Version 2

These terms are between NYTT AB, Malmskillnadsgatan 44, 111 57 Stockholm, Sweden ("NYTT", "we") and the business that installs Huntry on its Shopify store ("you", the merchant). Contact: support@huntry.io.

1. The service

Huntry is a Shopify app. You create GPS treasure hunts for your store's customers ("players"): treasures placed at real-world places on a map, each carrying a reward that becomes a single-use Shopify discount for the player who claims it. You manage Huntry in your Shopify admin; players play on your storefront with their phone.

2. Accepting these terms

By installing or using Huntry you accept these terms, our Privacy Policy and our Data Processing Agreement. Before your first hunt goes live, you accept these terms and the Data Processing Agreement together by clicking Accept in the Huntry admin; Huntry records your store, the staff account that accepted, the version of each document and the time. When either document changes to a new version, you accept again before your next hunt goes live. You also remain bound by Shopify's own terms. Huntry is offered to businesses for use in their stores, not to consumers; players are not party to these terms. On data protection, the Data Processing Agreement prevails over these terms.

3. Plans, billing and refunds

Huntry is billed by Shopify, on your Shopify invoice, under the plan you choose on Shopify's plan page (Normal or Pro), billed monthly or yearly as you choose there. Prices, and any free trial, are shown on that page.
Normal: up to 50 successful claims and 100 players per hunt. Pro: up to 100 successful claims and 1,000 players per hunt. Both: one hunt per calendar month in your store's time zone, counted when a hunt is first activated; a hunt runs at most 31 days.
You can build hunts, place treasures and set up rewards without a plan; activating a hunt needs an active plan that fits it. A hunt keeps the limits of the plan it was activated under. If your plan ends or changes, hunts already running finish as scheduled and rewards players have already won stay valid until they expire.
Cancelling: uninstalling Huntry from your Shopify admin (Settings > Apps) stops future billing periods. As Shopify explains, a charge already billed or added to your upcoming Shopify invoice for the current period remains. Any other way to change or end your plan is shown on Shopify's plan page. Your access to Huntry ends when you uninstall.
Refunds: subscription fees are generally non-refundable once a billing period begins. This doesn't affect any refund that applicable law requires. Shopify leaves refunds of app charges to the app developer; any refund we give is issued through Shopify's billing (as a refund or an app credit) and may take time to appear.
Plan changes are made on Shopify's plan page, and Shopify applies its own proration or credit rules to them.

4. Your responsibilities

The hunts, rewards, places, images, texts and access codes you create are your content, and you are responsible for them: that they are lawful, accurate and that you have the right to use them.
The rewards are your discounts. You honour the discounts Huntry creates in your store, and any reward wording you show players (for example a display label) must match what the reward actually gives.
You are responsible for your players' data as its controller; we process it for you as described in the Privacy Policy and the Data Processing Agreement. You tell your customers about the hunt and how their data is used, for example in your store's privacy policy.
You keep your Shopify admin access, and any Google Maps key you add, secure. You are responsible for activity under your account, and for charges on your own Google account if you choose Google Maps.

5. Real-world locations and player safety

Huntry sends people to real places, so where treasures are placed matters. You choose where treasures go and how your hunts run, and you are responsible for those choices. In particular, you must:

place treasures only at locations that are safe, lawful and publicly accessible at the times the hunt runs, and that you are entitled to direct members of the public to;
not place treasures on private property without the owner's permission, or in or near dangerous or prohibited places, such as roads and railways, water, cliffs, construction sites, military or restricted areas, or places that require entering hazardous terrain;
not design a hunt that encourages players to hurry, trespass, break traffic or other rules, or enter places at unsafe times;
check your locations before a hunt goes live and remove or move any treasure that becomes unsafe or inaccessible (you can hide or move treasures, or pause a hunt with maintenance mode or Pause, at any time);
tell players that they take part voluntarily, must obey the law, signs and property restrictions, and must look after their own safety and their surroundings. Huntry's hunt page shows players this reminder before they start: "Play safely: obey the law, signs and property rules, and watch your surroundings. Never enter restricted areas or put yourself or others at risk to find a treasure." It appears on the hunt's briefing, above the button that opens the map, and in the welcome message the first time a player opens a hunt's map on a device. The reminder supports, but does not replace, your own responsibility for safe locations and for the information you give your players.

Players take part voluntarily and are responsible for their own conduct and safety. They should stay aware of their surroundings, follow the law, signs and property restrictions, and never put themselves or others at risk to reach a treasure.

Huntry is a technology platform. It shows the places you choose; it does not inspect, supervise or guarantee the safety, legality or accessibility of any location, and GPS on phones is imprecise. Players may be unable to claim a treasure they are near, or be shown near one they are not.

To the extent permitted by applicable law, NYTT is not responsible for injury, loss or damage caused by the locations you choose, by players' own conduct, or by other circumstances outside NYTT's reasonable control. This does not apply to the extent the injury, loss or damage is caused by NYTT's own breach of these terms or negligence. You will indemnify NYTT against third-party claims to the extent they arise from the locations you choose or the hunts you run, as permitted by applicable law. Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or gross negligence, or any other liability that cannot be limited or excluded by law, and nothing in them affects players' rights under mandatory consumer law.

6. Our responsibilities

We run Huntry with reasonable care and skill. Claims are checked on our servers (distance, claim limits, travel speed and access code) before a reward is created in your store.
We process your players' data only to provide and secure Huntry, on your instructions, as set out in the Data Processing Agreement. We do not sell it or use it for advertising.
Huntry depends on Shopify and Google Cloud (Firebase). The map uses OpenFreeMap, the free map service bundled with Huntry by default, whose performance and future availability aren't guaranteed; or, if you choose it instead, Google Maps with your own Google Maps API key and Map ID, which Google charges you for. We aren't responsible for these services' outages or changes. We don't promise that Huntry will always be available or free of errors.

7. Limitation of liability

To the maximum extent permitted by applicable law: Huntry is provided "as is" and "as available", without warranties beyond those in these terms; NYTT is not liable for indirect or consequential loss, or for lost profits, revenue, data or goodwill; and NYTT's total liability arising out of or relating to Huntry in any 12 months is limited to the fees you paid for Huntry in those 12 months. These limits do not apply to liability that cannot be limited or excluded by law, including liability for gross negligence or intent, and they do not affect anyone's rights under mandatory consumer law.

8. Acceptable use

You must not try to bypass claim checks or plan limits, access other stores' data, interfere with or overload the service, or use Huntry for anything unlawful or harmful. We may suspend access for a breach after telling you, or at once where needed to protect players, other merchants or the service.

9. Uninstalling and your data

You can uninstall Huntry at any time (billing: section 3). 48 hours after an uninstall, Shopify asks us to erase your store's data and we delete the Huntry data we hold for it: hunts, treasures, rewards, settings, players' records and their history. If your store appears to have reinstalled Huntry, or the uninstall can't be confirmed, we check before deleting anything. We keep a record that the request was handled, and server logs expire on their own schedule, as described in the Privacy Policy. Discounts already created in your Shopify store stay there. Before you uninstall, you can ask support@huntry.io for your players' data, as set out in the Data Processing Agreement.

10. Changes

We may change these terms. For a material change, we publish a new version here and tell you at least 30 days before it takes effect, by email to the shop owner's address that Shopify holds for your store. You accept the new version in the Huntry admin before your next hunt goes live; hunts already running finish under the version you accepted. If you don't agree, you can stop using Huntry and uninstall it.

11. Governing law and disputes

These terms are governed by the laws of Sweden, and disputes are to be settled by the courts of Stockholm, Sweden, unless mandatory law that applies to you requires otherwise. This choice does not deprive you of the protection of mandatory provisions of the law that would otherwise apply.

12. Contact

NYTT AB, Malmskillnadsgatan 44, 111 57 Stockholm, Sweden. support@huntry.io.