Terms of service - Akinator mobile applications

Last updated on October 27, 2017.

These terms of service were originally written in English. To the extent any translated version of this document conflicts with the English version, the English version controls.

1. Statement
The following terms of service (“Terms) constitute an agreement between you ((later referred to as “You”) and Elokence.com Sarl, and its affiliates (“Elolence”). These Terms aim to define the terms in which You use the Akinator mobile application called ‘Akinator’ or ‘Akinator the Genie’ or ‘Akinator Kids’ or ‘Akinator Trip’ or ‘Akinator Safari’ or 'Akinator &Co'(later referred as “App”) and makes use of the features available on the App.
The use of the App falls under these Terms. When using this App, You acknowledge that You have read, understood and accepted these Terms. The use of the App is strictly limited to entertainment purposes.

2. App access
You can use this App without signing in, telling us who you are or revealing any personal information. To be used, the App requires an Internet connection. You must turn on Wifi or be sure to have a data plan (3G) before using the App.

3. User generated content

All content generated by You can be used by Elokence for purpose of anonymous statistics.

3.1. Akinator’s database

As a user of the App, You can take part in expanding Akinator’s database with Submissions (question, character, picture, description), for which You are accountable.
You agree not to add Submissions if they do not comply with these Terms, if they are not submitted for entertainment purposes or if they are:

  1. an infringement of a third party’s intellectual property rights
  2. harmful to others (in particular slander, insults, swearing, violence, racism, etc.) and their privacy
  3. prejudicing public order and morality (in particular the glorification of crimes against humanity, incitement to racial hatred, incitement to murder, incitement to suicide, incitement to discrimination, child pornography, etc.)
  4. generally speaking, in breach of current legislation in force.

If such Submissions were nonetheless sent, they would be immediately deleted and their submitters could face legal charges. As previously stated, every character added, every picture uploaded and every description entered remains the responsibility of its submitter.

You agree that these Submissions may be used by Elokence as they wish, in particular and not limited to the Internet, mobile and Facebook versions, or in operations with trading partners, and also that these Submissions may be translated and modified by Elokence. You agree to relinquish copyright on all the Submissions You have sent, You acknowledge that Elokence does not have to keep the Submissions You have sent, even if these Submissions comply with these Terms, and may delete or modify them at any time.
You acknowledge being aware that when the App displays the expected answers to Akinator’s questions, these answers are not the opinion of Elokence but the answers most frequently given by users.
You agree not to massively extract data. Moreover, You are forbidden to perform a substantial extraction, qualitatively and quantitatively, of the databases or to use these databases in an abnormal way and by any means. As a result, Elokence reserves the right to take legal action against any person who might use the data from any such extractions, in particular for commercial purposes.

At the end of a game, the App allows You to submit and upload pictures representing the characters. By using this feature, You agree not to upload pictures that You are not sure can be used freely and without limitations.

Characters added to the Akinator database can only be public figures. You agree not to add characters which do not fall into this category, in particular people You know personally, even if they agree to it. Any claims can be made through the contact form available on the Akinator website (see section 8 of these Terms).

3.2. MyWorld’s database
The MyWorld feature allows You to create your own characters (name and picture) only if they are considered as relatives, friends, family members or as well as all people close to you (“People”). The engine of Akinator will automatically detect if the character Uou are playing can be considered as People and Akinator will propose You to add it in your MyWorld database.

By both installing and using the App for the first time, You get free credits. To be able to add one character into your MyWorld database, you must spend one credit. The balance of your not spent credits is displayed within the App on several screens. To get more credits, You must purchase virtual goods as set forth in the Article 4 of these Terms.

You can edit or delete each MyWorld character. If You decide to delete a MyWorld character, You will be unable to recover it, excepted by playing it again as People and by adding it again in your MyWorld database.


4. Payments and purchases of virtual goods

Elokence may license to you certain virtual goods to be used within the App. Unless otherwise specified, these virtual goods shall be deemed an integral part of the App. These virtual goods may be licensed both for a fee using "real world money" and without any separate fee, as applicable from time to time.

Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.

Please note that any payment for licenses for virtual goods is always FINAL AND NON-REFUNDABLE.

Elokence may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Elokence shall have no liability to you or any third party in the event that Elokence exercises any such rights.


5. Moderation
The Submissions are checked after they have been sent. Elokence does not check or validate the content of the Submissions when they are sent.
Elokence reserves the right to remove without notice Submissions (question, character, picture, description) You have sent if they do not comply with these Terms.

6. Collection of personal data

6.1. Privacy Policy

Elokence takes your privacy matters very seriously. We invite you to consult our Privacy Policy ("Policy"). This Policy details how Elokence receives, collects and uses information in connection with the App.

By using the App, You are accepting the policies and practices described in this Policy, as such Policy may be amended from time to time. Each time You use the App, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy.

6.2. Collection and Use of Information

When You access the App, Elokence may ask You to provide information about Yourself. These information will enable Elokence to identify You, offer personalized extra services, improve our App and serve you better. These information are strictly used by Elokence and will by no means be sent to third parties without your consent. Only Elokence staff can access these information and may use them for App administration purposes, to manage competitions, to communicate, etc. Elokence is accountable for keeping all information confidential.
By using the App, data related to the location of your device are collected and can be shared with marketing tierce parties to provide You with content and relevant ads. These partners may combine these data with other information You have provided to them or they may have collected while using their own service. By continuing your navigation in the App, You agree to the collection of such data. At any time You can oppose both the activation and the operation of this collection by disabling it in the “location services” settings of the Akinator app on your device (Settings> Apps> Akinator> Permissions> Location).

7. Rights of access, modification and removal
In accordance with the amended French Data Protection Act of January 6th, 1978, concerning data processing and privacy, the digital processing of personal data has been the subject of a declaration to the French Data Protection Authority (CNIL).
You have a right of access, rectification and removal of personal data concerning You at any time, by writing to Elokence.com SARL, Attention: Privacy Policy Administrator, 8 Rue Jules Vallès, 28300 Mainvilliers, France.

8. Publisher
The App is published by: Elokence.com SARL, a limited liability company with a share capital of 80,000€, whose head office is 8, rue Jules Vallès – 28 300 Mainvilliers – France, and registered with the Chartres Register of Companies under the number 501 030 316. The design and contents of the App constitute a protected work under current intellectual property laws, of which Elokence is the rightholder. The Publications Director is Mr Arnaud MÉGRET, manager of Elokence.com.

The design of the App was done for Elokence.com by Stefano Collavini (designer).

Photo credits: Free Vectors via www.vecteezy.com

9. Contact
You can get in touch with Elokence via the contact form available on the Akinator website at http://en.akinator.mobi/contact. Some pieces of information are mandatory and are presented as such.
All messages sent that way will be examined upon reception. Elokence will do its best to reply to messages as fast as possible. To contact Elokence directly, use the following email address: contact [@] akinator.com.

10. Banners, adverts and promotions
Some versions of the App may include advertising.
Adverts can target the content of information stored on the services, queries made through the services or other information. The manner, mode and extent of advertising by Elokence on the services are subject to change without specific notice. In return for accessing and using the services provided by Elokence, You agree that Elokence may place advertising banners.

Elokence uses the services of third parties for advertisement managing. Therefore, Elokence is not responsible for the content displayed, since these partners have their own obligations. Elokence will do their best to avoid any banners which would be offensive because of their design or because of the website they represent. It You have any remarks, contact Elokence (see section 8 of these Terms).

11. Links to external websites
The App can provide access to the external websites of its partners (later referred to as “Partner Sites”), in the form of hypertext links or the integration of partner content. Although the selection of links to Partner Sites has been done with the utmost care, Elokence cannot be held responsible for providing access to these Partner Sites. Elokence cannot accept any liability for the contents, adverts, products, services or any other material from these Partner Sites or available on or from these Partner Sites. 
Elokence cannot be held responsible for the actions or potential omissions of their partners.

12. Intellectual property
This App contains files and other material about Elokence, its products and services, as well as other similar material from our partners, licensors and licensees and other third parties (later referred to as “Content”).
The Content can be information, texts, data, pictures, graphics, button icons, trademarks, registered or not, illustrations.

The App and all its different elements (logos, illustrations, applets, texts, trademarks…) are protected under intellectual property rights, in accordance with current French and international legislation.

The App and all its different elements (App presentation, trademarks, logos, service marks…) are the exclusive property of Elokence.
You cannot reproduce, distribute, publish, share, modify, adapt, translate, display, sell, license, represent publicly, create works based on the Content, or in any other way use or exploit the Content without the prior consent of Elokence.

The unauthorised use of the Content may consitute an infringement of legislation concerning copyrights and trademarks, privacy rights, publicity rights, communication rights, etc. Any such use may engage your personal responsibilty and may lead to legal prosecution.

You can contribute to the expansion of the database but this does not make You its owner.

13. Applicable law
This App is governed by French law.
Elokence reserves the right to update and modify these Terms at any time without notice. You are therefore invited to consult these Terms on a regular basis.