Terms of Use and Conditions

INTRODUCTION


Purpose
Thank you for choosing our services. This document represents agreement between you (also referred to as the Client or Buyer) and Boss Level Oy, a Finnish legal entity based in Tampere at Käenkuja 8 C 34 b, 00500 HELSINKIFI, FI27147205 (also referred to as the Seller or Producer), regarding the sale of a subscription to our arcade game emulator.
This agreement outlines the terms and conditions that govern the use of our emulator and the associated services. By entering this contract, you acknowledge and agree to abide by the provisions set forth herein.
The subscription you have purchased is a service that, in accordance with consumer codes provides access to our arcade game emulator, enabling you to enjoy a variety of games and exclusive features. Please carefully review the terms outlined in the following pages to ensure a clear understanding of the rights and obligations associated with this subscription.
Should you have any questions or require clarification on any aspect of this agreement, please do not hesitate to contact us. Your satisfaction is of utmost importance to us, and we are committed to providing a seamless and enjoyable experience with our arcade game emulator.
The seller can be reached at the provided address or through email at bosslevelarcade@gmail.com
The buyer will be contacted using the email address provided at the time of placing the order.


General Provisions
This Agreement represents the entire and exclusive agreement between you and us regarding the Services, superseding all prior agreements, whether written or oral, related to the subject matter herein. We reserve the right to modify, supplement, or replace the terms of this Agreement, effective upon posting at www.teknoparrot.shop or through other notification means. If you do not agree to the changes, you have the option to terminate this Agreement at any time.

Conclusion of contract
Through the procedure you have executed on our online shop via the website www.teknoparrot.shop and the Shopify platform, you have entered a legally binding contract with Boss Level Oy.
Your purchase of our services through our online store www.teknoparrot.shop, in conjunction with Shopify's services, will be completed upon acceptance of your payment. Once the payment is processed, you will receive via mail a special and unique serial number from us, which you can use to activate the product.
If you are using our services on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a client of us, do not conclude the Agreement, do not access, view, download or otherwise use any information or services provided by us.
By concluding payment, you acknowledge that you have read and understood the terms of use of this Agreement and that you agree to be bound by all its provisions.
This agreement pertains to online digital content, and therefore, the right of withdrawal does not apply. Once you have initiated the downloading or streaming of the digital content and have expressly agreed to waive your right of withdrawal by commencing the performance, you acknowledge and agree that you shall not be entitled to exercise any right of reconsideration or withdrawal as otherwise provided by applicable consumer protection laws.
Services
The purchased services are those described on the website www.teknoparrot.shop and correspond to the order you placed.
The access provided under this agreement refers to the interactive emulator, hereinafter referred to as the "Services" developed and operated by Boss Level Oy. The emulator encompasses all digital assets, including but not limited to, graphics, audio, text, characters, and any other elements associated with the emulation experience. The User shall access and interact with the emulator through the designated platform or website specified by Boss Level Oy.
The Seller will outsource to the Buyer, who accepts, the services related to the acquired products, subject to the terms and conditions outlined in the following regulations. The obligations under this Agreement are undertaken by the Parties without any respective and reciprocal exclusive commitment to each other and vice versa.
During the effectiveness of this Agreement, the Seller may, from time to time, offer new products. The commercial conditions, terms, and compensation for the new products will be those stipulated in this contract, unless any modifications and/or additions to the conditions of this Agreement are mutually agreed upon and accepted by the Parties.
Privacy
You should carefully read our full Privacy Policy before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
All Information collected by Seller for the purposes of this contract will be processed in accordance with General data protection Regulation (GDPR 679/2016) or for certain countries according to their specific regulations as stated on the website www.teknoparrot.shop.
Obligations of parties
The seller's obligations include:

  • Remove, in the most effective manner and at their own expense, any defects identified or reported, including those reported by customers, related to the products.
  • Suspend the provision of products upon the customer's request or if malfunctions, defects, or anomalies are detected that may jeopardize the operation, data loss, or other serious issues. In such circumstances, immediate communication will be provided to the Customer.
  • Ensure the correctness, integrity, reliability, security, transparency, and confidentiality of activities and functions performed under this Agreement.
  • Guarantee the storage and traceability of data related to gaming sessions and adopt solutions that ensure access to information for customer control.
  • Ensure the continuity of the service by adopting highly reliable and secure systems to protect against unauthorized access and data alteration.
  • Ensure the good quality of the service under this Agreement and perform the same services with the necessary professional diligence in relation to the nature of the activity.
  • Maintain, during the validity of the contract, backup data and data recovery procedures related to User activities in line with industry best practices and obligations under current regulations and technological advancements.
  • Clients acknowledge and accept that it may be impossible to address all potential defects in real-time. The time required to rectify any defects is at the sole discretion of the supplier, and clients agree to abide by the timelines set by the supplier for defect corrections.

The buyer’s obligations include:

  • Timely Payment in accordance with the agreed-upon terms.
  • Compliance with Terms and conditions outlined in the agreement.
  • Safe and Proper Use of the products or services in a safe and proper manner, adhering to any instructions or guidelines provided by the seller.
  • Confidentiality as the buyer may be required to keep certain information received from the seller confidential and not disclose it to third parties.
  • The buyer should promptly notify the seller of any issues, defects, or malfunctions encountered with the products or services.
  • The buyer may need to implement security measures to ensure the safe use of products or services and prevent unauthorized access.
  • The buyer agrees to comply with all applicable laws and regulations related to the use of the products or services.
  • Responsible Conduct: The buyer is expected to conduct themselves responsibly and not engage in any activities that could harm the reputation or interests of the seller.
  • The buyer may need to cooperate with the seller in resolving any disputes or issues that may arise during the term of the agreement.


The supplier will provide credential recovery systems, but it is the customer's responsibility to ensure their safekeeping and not provide them to third parties. The customer is also obligated to verify that their system connections are secure and protected to prevent unauthorized access to the supplier's systems through their devices.
Buyer agrees to: (1) Keep password secure and confidential; (2) not permit others to use own account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring account to another party; and (5) refrain from charging anyone for access to any portion of products, or any information therein. Further, buyers are responsible for anything that happens through their account until close it or prove that account security was compromised due to no fault of Client.
The supplier reserves the right to terminate relationships with customers if unauthorized material or malicious programs originate from their devices.

A Refund Policy is provided by Seller and is visible at www.teknoparrot.shop/refundpolicy

Prices
The cost for the purchase of products is the one displayed on the website www.teknoparrot.shop and accepted by the Customer at the time of contract conclusion.
Any changes to the prices will be communicated to the Customer through both publication on the webpage www.teknoparrot.shop and via email.
New lower rates will be applied immediately. For higher rates, the customer must provide specific acceptance via email.
Payments will be made using the methods and frequency indicated at the time of contract conclusion on the website www.teknoparrot.shop through the Shopify platform.

Term and Expiry
The present Agreement takes effect from the date of payment acceptance and will have a duration corresponding to the subscription term accepted by the Customer.
The Seller, if not intending to renew the contract under the same conditions, must, at the first expiration or subsequent renewals, activate the procedure for renewal with new terms in advance. The Seller shall communicate their intention to the Customer through notifications on the website www.teknoparrot.shop or via email at least one month before the expiration. In the absence of a response or agreement, the contract will be deemed terminated and ineffective on the scheduled expiration date. In the absence of communication of new conditions, the contract will be tacitly renewed under the same conditions as indicated on the website www.teknoparrot.com and as accepted by the customer at the time of subscription.
Any new contractual conditions mentioned above must adhere to principles of good faith, fairness, and uniformity with all other customers of the supplier, taking into account market trends and any variations in prices.
In case the Supplier were to completely cease its commercial activities related to the Games, the Contract shall be considered terminated, without any claims for compensation or damages being asserted by either Party against the other, under any circumstances.
Upon the termination of this Contract for any reason (natural expiration, termination, resolution, etc.), the Supplier will ensure the proper conclusion of gaming sessions initiated before the contract's expiration. In the event of the cessation of the effects of this Contract, including those due to default resolution, subject to the obligations preceding it, the Parties undertake to mutually and faithfully provide their cooperation and collaboration to prevent voluntary disruptions.
Upon the termination of your subscription, you lose access to the Services. The terms of this Agreement shall survive any termination, except Rights and Obligations.

Intellectual Property
The software used by the Supplier for the development of its products is exclusively owned by Boss Level Oy, except for any components provided for certain services made available by third parties.
The Customer may use said software until the expiration of the Contract.
The Supplier undertakes to indemnify the Customer from any financial (and non-financial) liability that may arise from claims made by third parties regarding the intellectual property of the software and adopted solutions. Additionally, the Supplier agrees to compensate the Customer for any damages incurred, including the costs for judicial or extrajudicial technical defense, provided that such claims are communicated and mutually agreed upon in advance.

Limitation Of Liability
The Customer accepts the products "as is," and the Supplier provides no specific legal warranty regarding them. The Supplier assumes no responsibility for any malfunctions and/or downtime, except in cases of proven fraud or gross negligence. In the event of downtime and/or malfunction, the Supplier will make every effort to promptly remedy the situation.
The Parties shall not be liable for the non-performance of this Contract due to reasons beyond their control, including, without limitation, pandemics, labor disruptions, fires, civil unrest, riots, rebellions, government acts, force majeure, and similar unforeseeable or uncontrollable events.
No provision in this Contract will limit or exclude the liability of one Party to the other for a claim (including any resulting damages) proven to be due to a breach of Intellectual Property.
The Parties acknowledge and are aware that during the term of the Contract, the Supplier is required to perform maintenance and implement its processes and systems.
For this reason, they agree as follows:
Scheduled Maintenance. The Supplier has the right to perform scheduled maintenance on the Platform that may result in downtime. The Customer hereby acknowledges the Supplier's right to perform such maintenance with adequate notice.
Emergency Maintenance. The Customer also acknowledges that the Supplier may be required to perform urgent maintenance without any notice. Therefore, the Customer consents to such interventions for a reasonable duration.
In the event of repair interventions, the Supplier will do its best to minimize the time required to perform repairs and correct any malfunctions that may prevent the system's operation.
The Customer is aware that, due to any hardware failures, equipment or telecommunications failures, or other force majeure causes affecting the supplier, services may be temporarily interrupted. For such interruptions, the customer waives any claims for damages.
All error corrections and improvements to the Supplier's Platform during the effectiveness of this Contract will be provided free of charge.

Indemnification.
You agree to defend and indemnify and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through our services.


Notify us of acts contrary to the Agreement.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. The failure to provide a detailed and substantiated explanation of your reasons in writing at least 30 days before you act shall, to the fullest extent permitted by law, invalidate your claim and absolve us of all liability.


Notifications and Service Messages.
For purposes of service messages and notices about the Services to you, we may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that Seller may communicate with you through other means including email, mobile number, telephone, or delivery services. Please review your Settings to control what kind of messages you receive from us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.


Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Boss level Oy, our Users or the public.


Disclaimer
We offer our platform, along with all information and services, on an "as is" and "as available" basis. We do not monitor or verify user-generated content for accuracy. Express warranties or representations are not made.
To the maximum extent permitted by applicable law, we disclaim all implied warranties and representations, including but not limited to merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. If dissatisfied, you may terminate your account and subscription, which will be your sole remedy.
Boss Level Oy is not responsible for and does not guarantee the delivery of messages sent through us. We do not warrant that your use of the service will not infringe third-party rights. Materials, services, or technology used on the website may be subject to intellectual property rights of third parties.
Boss Level Oy is not obligated to verify subscriber identities or monitor service use; hence, we disclaim responsibility for identity theft or misuse of your information. The services provided may experience interruptions or errors due to maintenance, updates, or system/network failures. Boss Level Oy shall not be liable for damages caused by such interruptions or errors. Additionally, we disclaim responsibility for malfunctions, access issues, or poor service conditions due to inadequate equipment, internet service provider issues, internet network saturation, or any other reason.

Law and Forum for Legal Disputes and Resolution
This Agreement or any claim, cause of action, or dispute ("claim") arising out of or related to this Agreement shall be governed, for Clients from the European Union, by the laws of the country in which the Client is domiciled at the time the claim arises. Any legal proceedings arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the country where the Client is domiciled, in accordance with the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
This Agreement or any claim, cause of action, or dispute ("claim") arising out of or related to this Agreement shall be governed, for Clients from the rest of the world, by the laws of Finland regardless of your country of origin or where you access the Services, and notwithstanding any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
You and Boss Level Oy agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Helsinki, Finland, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below.
You and Boss Level Oy agree to submit to the personal jurisdiction of the courts located within Helsinki, Finland, for the purpose of litigating all such claims.
Notwithstanding the above, you agree that Boss Level Oy shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than €10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.


Language
Any translations provided by Boss Level Oy for this Agreement, the Privacy Policy, or any other documentation are solely for your convenience. The English language versions of these documents, including additional terms of service, will prevail and govern your relationship with us.


Force Majeure
Neither Party shall be liable for failure or delay in performing its obligations under this Contract, except for payment obligations, if such failure or delay is caused by circumstances beyond its reasonable control, including, without limitation, acts of God, acts of government, war, terrorism, power failure, internet failure, or other natural disasters. If such delay or failure continues for at least 30 days, the affected Party may terminate this Contract by written notice.


Miscellaneous
This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the Parties. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the waiving Party. If any provision of this Agreement is held or made invalid or unenforceable for any reason, such invalidity will not affect the remainder of the Agreement, and the invalid or unenforceable provisions will be replaced with a valid provision that has the most similar effect to the invalid one, and the remaining provisions of this Agreement will continue in full force and effect. The Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior understandings, agreements, or representations, whether written, oral, or otherwise, regarding such subject matter. Headings and titles in this Agreement are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Except as expressly stated in this Agreement, nothing in this Agreement confers any rights, remedies, or benefits upon any person other than the Parties.


Acceptance of Terms
By purchasing and activating the subscription, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree with any part of these terms, you must not activate or use the subscription. If you have any questions regarding this Agreement, please contact us at bosslevelarcade@gmail.com before activating your subscription.