Last updated: 22 November 2022
- You may only agree to these Terms if you are an adult of full legal age of majority in the country or state in which you live (for example, 18 years of age in England). This applies to you even if the age rating for content we make available indicates that it is suitable for children.
- If you are not an adult and you want to use the Services, you must ask your parent or legal guardian to review these Terms and our Privacy Notice. You may then only use the Services if your parent or guardian agrees to the Terms and permits you to use the Services under his or her supervision. Your parent or legal guardian must also read our Privacy Notice together with you and they must consent to our processing of your personal data on your behalf in accordance with the Privacy Notice.
For parents and legal guardians
- If you are a parent or legal guardian of a child who has asked you to agree to these Terms so that they may use the Services (your “Child”), then please read the following points carefully.
- You should review these Terms and our Privacy Notice before accepting these Terms. In addition, please make sure that you and your Child (where your Child is old enough to consent to the processing of his or her personal data in the country in which you live) is familiar with our Privacy Notice, as by accepting these Terms you will be consenting to our processing of your Child’s personal data in accordance with our Privacy Notice.
- You should ensure that your Child only accesses our Services if they are at least as old as the relevant age rating in the country or state in which you live. Age rating systems vary between devices and regions, but you can find out more about age ratings through the relevant device and online.
- By agreeing to these Terms you will be jointly and severally liable for all acts carried out by your Child when they are using the Services.
1. Who we are
1.1 We are Sphaira Innovation AG, a company registered in Switzerland with company number CHE-228.557.440 (“Sphaira”, “we”, “our” and “us”). Our registered office is at Altgasse 43, 6340 Baar, Zug, Switzerland.
1.2 We are a not-for-profit organization devoted to combating global climate change through the power of people and technology. You can find out more about our aims, governance and how our money is spent at sphaira-innovation.com.
1.3 You can contact us by email at email@example.com.
2. About us and these Terms
2.1 These Terms govern the relationship between you and us in relation to your use of:
(a) Sphaira’s proprietary web-based not-for-profit donation platform and reward marketplace hosted at planetplay.com and made available under the name (“PlanetPlay”);
(b) the website hosted at sphaira-innovation.com, together with any other websites that we operate or control from time to time (the “Websites”);
(c) all other services that we may provide to you from time to time, unless we specifically state that different terms and conditions apply to those services.
2.2 In these Terms, we refer to PlanetPlay, the Websites and other services mentioned in Paragraph 2.1 above as the “Services”.
3. Your acceptance of these Terms
3.1 By accessing and using the Services, you are agreeing to these Terms and are entering into a binding legal agreement with us incorporating these Terms (the “Agreement”). If you do not agree to these Terms, please do not attempt to access PlanetPlay or the Websites, or otherwise use the Services.
3.2 By accessing PlanetPlay or otherwise using the Services you also acknowledge that your information will be used in accordance with our Privacy Notice.
3.3 Please review these Terms, our Privacy Notice and save a copy of them for your future reference.
3.4 If you are accessing PlanetPlay or otherwise using the Services on behalf of a company or similar legal entity, you confirm that you have the authority to bind that legal entity to these Terms and “you” shall refer to both you as an individual and the legal entity on whose behalf you are accessing of PlanetPlay or use of the Services.
4. About PlanetPlay
4.1 PlanetPlay is a web-based platform where you can make donations towards the carbon-offset projects that we sponsor. Further details about the projects that we sponsor are made available within PlanetPlay itself and on our Websites.
4.2 If you make a donation on PlanetPlay, we may reward you with a number of virtual reward points known as “Green Coins”. Further information about donations and Green Coins are set out in Paragraph 7 below.
4.3 You may redeem Green Coins on PlanetPlay on the PlanetPlay marketplace to retire carbon credits or purchase promotional codes for virtual items, as set out in more detail in Paragraph
5. User Accounts
5.1 To access PlanetPlay and use the Services as an individual, you need to register an account (a “User Account”). It may be possible to connect a pre-existing user account with our Services to create a User Account (for example, Google or Facebook), in which case you must accept the terms provided by that third party in relation to providing your personal information to us. Each individual user may only have one User Account.
5.2 If you create a User Account, then all of these Terms apply to your use of the Services.
5.3 When creating a User Account you need to provide certain personal information about yourself and you must ensure this information is true and accurate. You are solely responsible for the information you submit to PlanetPlay and must keep this information up to date.
5.4 When you sign up for a User Account, you will need to create your Platform ‘identity’ (your “Platform ID”) in the settings area, including a unique username. We may also give the opportunity to include further information about yourself in your User Account, including your name and a profile image.
5.5 When registering using your email address you will be prompted to select a password. You must keep your password secure. We recommend that you change your password from time to time to assist with security. If you believe someone has accessed the Platform using your details and password without your authorisation, then it is your responsibility to secure your account and set up a new password.
5.6 You can amend your personal details, Platform ID and password at any time by accessing your User Account via the Settings area.
5.7 Your Platform ID (and any element of it, for example your account name or profile image) must not: (i) be obscene or offensive; (ii) infringe any third-party rights, including (without limitation) intellectual property rights; (iii) mislead anyone as to your identity; or (iv) otherwise be considered inappropriate, as we may determine in our sole discretion. We may ask you to change any element of your Platform ID at any time, or change it directly ourselves (in which case we will send a message to your registered email address explaining this).
5.8 You can ask us to delete your User Account at any time by selecting the relevant option in the settings area of your User Account. We will delete your User Account within 30 days of receiving your request, but we may retain relevant metadata on our systems for accounting and audit reasons for as long as is necessary to fulfil our legal and/or contractual obligations and/or for other legal purposes.
5.9 Once we have deleted your User Account, it cannot be recovered. If you have any unused Green Coins credited to your User Account at the point of deletion, we reserve the right to apply these to retire Carbon Units on your behalf (see Paragraph 7 below) and the balance of any unused Green Coins will be permanently lost after your User Account is deleted.
5.10 For further information about how we retain your personal information following deletion of your User Account, please see our Privacy Notice.
6. Licence to access our Services
6.1 We own, or are otherwise permitted by third parties to use, all the intellectual property rights in PlanetPlay and any other content made available to you in the course of our providing the Services.
6.2 In return for your acceptance of these Terms, we grant you the personal right (known as a ‘licence’) to access PlanetPlay and use our other Services, strictly subject to these Terms and, in particular, subject to the restrictions set out in Paragraph 6.3 below.
6.3 The licence granted to you by us to use the Services under these Terms is limited in a number of ways as set out below. This licence is:
(a) non-exclusive, meaning that we can grant the same or similar licences to other people as well;
(b) personal and not sub-licensable, meaning that the licence is only for your benefit and you may not grant a licence to anyone else (only we may grant licences to use the Services);
(c) revocable, meaning that we can terminate this licence in the circumstances set out in these Terms;
(d) non-commercial, meaning that you can only use the Services for private domestic purposes and not for commercial purposes;
(e) non-transferable, meaning that you cannot assign the rights under this licence to any other person;
(f) limited to using the Services for the purposes we set out in these Terms and for the duration that these Terms are in force; and
(g) conditional on your compliance in full with these Terms.
6.4 You acknowledge and agree that, other than the licence granted to you by these Terms, you shall have no right to use the Services. You shall have no ownership rights right in respect of PlanetPlay or any other Services. This means, for example, that using the PlanetPlay does not give you ownership of any intellectual property rights in the content you access (including any branding used on or displayed via PlanetPlay).
6.5 Any rights not expressly granted to you in these Terms, are hereby reserved.
6.6 If your access to the Services is limited, terminated or suspended by Sphaira for any reason, or if PlanetPlay discontinues the Services, you acknowledge that you may lose your right of access to PlanetPlay and use of our Services granted under these Terms (either temporarily or permanently) in accordance with Paragraph 11 below.
7. Green Coins, Carbon Units and Virtual Items
7.1 Green Coins are virtual reward points that we may issue to you following a donation that you have made on PlanetPlay. We may also award you Green Coins if you make purchases of Virtual Items with certain selected partners within their Third-party Games from time to time, which we will track and credit to your User Account in accordance with our Private Policy.
7.2 You may use Green Coins within PlanetPlay as follows:
(a) You may acquire one or more carbon units, which are a fraction of a carbon credit created by Sphaira (“Carbon Units”). When you redeem your Green Coins for a Carbon Unit, we will procure and retire a carbon credit on your behalf once we have sufficient Carbon Units to purchase an entire carbon credit. Carbon credits are a tradeable token that represents a reduction in carbon dioxide emissions made somewhere else and which are traceable, tradable and finite; retiring a carbon credit ensures that no one else can buy the carbon credit and thus represents a permanent set-off of carbon dioxide emissions. One of Sphaira’s Carbon Units is a fraction of a carbon credit that represents a reduction in 100kg of carbon dioxide emissions. You can read more about Carbon Units and carbon credits and how they work here.
(b) You may acquire a promotional code to unlock a virtual item within certain computer, video or mobile games and other interactive entertainment products (“Third-partyGames”), for example, certain character skins (“Virtual Items”). Virtual Items may be subject to additional terms and conditions from third parties that own, publish or operate the relevant Third-party Games, as well as any digital platforms on which the Third-party Games are made available (for example, Apple’s App Store or Google’s Play Store) to which you agree to be bound by purchasing the relevant Virtual Item. Details about the relevant Virtual Item, Third-party Game and the relevant Game Publisher (as defined in Paragraph 8.1 below) are set out on the marketplace at PlanetPlay.
(c) You may gift Green Coins to another user of PlanetPlay by selecting the relevant option within PlanetPlay.
7.3 Except as set out in Paragraph 7.2 above, Green Coins cannot otherwise be sold, traded or redeemed for any real-world monetary value. It is strictly prohibited for you to attempt to buy or sell Green Coins outside the Services, to use them as a stake in a bet or wager with someone else, or to otherwise attempt to exchange them for real money, real goods, real services or anything else outside the Services.
7.4 PlanetPlay sets out the method of payments and currencies that we are able to accept for a donation. We will only take payment once the order has been accepted by us. If you wish to make a large donation in excess of any debit or credit card limit and pay by alternative means, then please contact us at firstname.lastname@example.org and we may permit this in our sole discretion.
7.5 We regret that donations are not refundable. For any purchase of digital content (including, but not limited to, Green Coins), you agree that we make the digital content available to you for use immediately after we have accepted your donation and once made available, to the extent permitted by applicable law, you will have no right to cancel your donation or to a ‘cooling-off’ period. If you have made a genuine error in making a donation, then please contact us and we may be able to issue a refund in our sole discretion on an exceptional basis, provided that you have not redeemed any Green Coins granted as a reward for making that donation.
7.6 If your account is limited, terminated, suspended, modified, or deleted for any reason, or if we discontinue the Services, you will forfeit any and all Green Coins earned without refund.
8. Game Publishers and Sphaira’s role
8.1 Sphaira allows selected third-party owners, operators and publishers of Third-party Games to create promotional codes and list them on PlanetPlay from time to time (“Game Publishers”). In each case, the relevant Game Publisher and any third-party terms to which the Virtual Item is subject to are listed on the detail page on PlanetPlay for the relevant Virtual Item. We recommend that you read and understand those third-party terms before purchasing the relevant Virtual Item using Green Coins.
8.2 While PlanetPlay provides a marketplace and platform to facilitate the purchase of Virtual Items using Green Coins, Sphaira is neither the buyer nor the seller of the Virtual Items. When you purchase a promotional code for a Virtual Item using Green Coins, the Green Coins are transferred to the User Account for the relevant Game Publisher. Sphaira provides a service for Game Publishers to list promotional codes for Virtual Items and allow end-users to redeem them using Green Coins. Accordingly, any contract formed at the completion of a redemption of a promotional code for a Virtual Item is solely between you and the Game Publisher. Sphaira is not a party to any such contract and does not assume any responsibility arising out of, or in relation to, any such contract.
8.3 Game Publishers may only use the Green Coins that they acquire on PlanetPlay to retire Carbon Units in accordance with Paragraph 7.2(a) above.
8.4 In case you have any difficulties with Virtual Items, Third-party Games, PlanetPlay or Green Coins and you are not sure whom you should contact:
(a) The relevant Game Publisher has the sole responsibility for the promotional codes for the Virtual Items and for dealing with any issues arising out of those Virtual Items and/or Third-party Games. If you have any difficulty accessing a Virtual Item using a promotional code that you have acquired with Green Coins, you should contact the relevant Game Publisher.
(b) Sphaira has the sole responsibility for PlanetPlay and for dealing with any issues arising out of PlanetPlay. If you have any difficulty with accessing your User Account on PlanetPlay or acquiring a promotional code using Green Coins, you should contact Sphaira.
9. Our rights and responsibilities
9.1 We provide the Services on an ‘as is’ and ‘as available’ basis. To the extent permitted by applicable law, we exclude all warranties not expressly set out in these Terms, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
9.2 We will use reasonable endeavours to make the Services available to you, but we cannot guarantee that the Services will be available on an uninterrupted basis. Your access to the Services may be disrupted to allow for appropriate maintenance, repairs, upgrades and the introduction of new functionality. At times, unscheduled downtime may be necessary, including for security purposes. Further, owing to the inherent nature of the internet and related technologies, errors, interruptions and delays may occur in the Services from time to time. We will use reasonable endeavours to try to limit the frequency and duration of downtime, to the extent within our reasonable control.
9.3 The content displayed on the Services (and the content that we send to you via email in connection with the Services) is made available to you for your general information and is for non-commercial use only. We give no warranty that such content is accurate or reliable. Such content is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the content made available on the Platform is at your own risk.
9.4 Access to PlanetPlay is provided free of charge and have not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes or that it will be compatible with all or any hardware or software which you may use.
9.5 We cannot guarantee that the Services will be free from errors, bugs or viruses. We also cannot guarantee that the content or information provided in the Services is accurate or complete. As with all software and services accessed through an electronic device, we recommend that you use anti‑virus software while using the Services. We also recommend that you have an up-to-date back‑up of all the content on your device before using the Services.
9.6 We may modify, cease to offer or cease to support the Services from time to time. We will use reasonable endeavours to inform you at least 30 days in advance of any significant changes or disruptions to the Services by using in-game notifications or through other appropriate means. However, we reserve the right to suspend the Services with immediate effect without notice where there are serious grounds for doing so (for example, where there is a real risk of loss or harm to us or other players).
10. Your rights and responsibilities
10.1 You must comply with the laws that apply to you in the country or state in which you live or from which you access our Services. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if necessary, stop using our Services.
10.2 You must not:
(a) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Sphaira;
(b) infringe our intellectual property rights or those of any third party in relation to your use of PlanetPlay and other Services;
(c) use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(d) copy PlanetPlay or any content or other works made available to you as part of the Services, except as part of the normal use of the Services or where it is necessary for the purpose of making a back-up or for operational security;
(e) decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or any part of them (except as and only to the extent allowed by applicable law);
(f) collect, ‘scrape’, ‘mine’ or ‘harvest’ any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services;
(g) perform services for someone within PlanetPlay or otherwise within the Services in exchange for payment outside of PlanetPlay or other Services;
(h) make available the Services to any person in any form, whether in whole or in part, except to a Child for whom you are the parent or legal guardian in accordance with these Terms; or
(i) use, develop, host or distribute cheats, automation software (‘bots’), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Services, or engage in any form of cheating, botting, boosting, or booting, or otherwise attempt to circumvent technological measures designed to control access to, or elements of, PlanetPlay or other Services;
10.3 In order to access PlanetPlay or use our Services, the device that you use may need to meet certain minimum hardware and software requirements. You will need to access PlanetPlay via a web browser, such as Google Chrome® or Microsoft Edge®. If the device you are using does not meet the minimum requirements to access PlanetPlay or use other Services, we cannot accept any responsibility if they do not operate properly or if they cause any damage to your device.
11. Our right to suspend your access to the Services
11.1 We may suspend your access to the Services if we reasonably believe that you have breached any of these Terms.
11.2 If we suspend your access to the Services:
(a) we will use reasonable endeavours to notify you via email;
(b) you will not be able to access the Services during the period of suspension, while we investigate the relevant circumstances; and
(c) depending on the outcome of our investigation, you may be permanently excluded from the Services.
11.3 If you are in breach of these Terms, we can terminate this Agreement immediately at any time and without refunding any payments made by you. If we do this, we will endeavour to give you reasonable notice that we are terminating this Agreement (save that we reserve the right to terminate this Agreement with immediate effect where we deem you to have committed a material breach of these Terms).
11.4 We can also terminate this Agreement immediately at any time for technical or operational reasons beyond our reasonable control. If we do this, we will give you as much notice as reasonably possible.
11.5 If we terminate this Agreement or otherwise permanently excluded you from the Services in accordance with these Terms, you must immediately stop all activities authorised by these Terms, including your access to the Services and the licence granted to you under Paragraph 6.2 will immediately cease
12. Third-party services
12.1 The Virtual Items may only be accessed through a Third-Party Game made available on a third-party platform, including (without limitation) Microsoft Xbox®, Sony PlayStation®, Nintendo Switch™ and Valve Steam®. These third parties may impose additional terms and conditions governing the use of their services and our Services. Those terms and conditions will form a separate agreement between you and the relevant third party and are in addition to this Agreement. We encourage you to read the terms and conditions of third parties carefully before you agree to them.
12.2 You must also accept and comply with all terms and rules of third-party platforms and Game Publishers that make the Virtual Items available to you. Any breach of the terms or rules of any such third-party platforms and Game Publishers shall also be deemed to be a breach of this Agreement by you.
12.3 Where the Services contain links to, and connect with, other services and resources provided by third parties, including the Third-party Games, we have no control over the content of those services or resources and we make no warranties or representations as to the legitimacy, accuracy or quality of such third-party services or resources. Any external site that you visit by clicking through a link on the Services is entirely at your own risk. We accept no responsibility for their content, behaviour, safety or treatment of your personal data.
13. Our liability to you
13.1 Subject to Paragraph 13.2 below, if we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our unremedied breach of this Agreement. Loss or damage is reasonably foreseeable only where it could be reasonably contemplated by you and us at the time and date you agreed to these Terms.
13.2 We are not liable to you for the following types of loss or damage that may arise from your use of the Services:
(a) loss or damage not caused by our breach of these Terms or our negligence;
(b) any increase in loss or damage resulting from breach by you of any of these Terms;
(c) loss or damage not reasonably foreseeable by you and us when you agreed to these Terms, including loss or damage that occurs in consequence of such loss or damage, for example, loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
(d) loss or damage to any device on which you access PlanetPlay or other Services or to any data on that device, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the Services;
(e) loss or damage that you suffer as a consequence of the actions or omissions of third parties, including platforms, publishers or other users of the Services;
(f) any indirect, consequential, punitive or special loss or damage; or
(g) any loss or damage if the Services are not provided to you or are interrupted or suspended or if we do not comply with the Terms because of events beyond our reasonable control, including (without limitation), an act of God, storm, fire, flood, internet outage, epidemic or pandemic, strikes, or riots.
13.3 The Services may only be accessed by you for private non-commercial use under these Terms. Nevertheless, if you use the Services for commercial purposes in breach of these Terms, we will not be liable to you for any loss of profit, loss of business, loss of anticipated savings, loss of reputation and/or depletion of goodwill.
13.4 If the consumer law of the country or state in which you are resident does not permit any of the limitations of liability set out in Paragraphs 13.1 13.2 or 13.3, then those limitations of liability shall apply only to the maximum extent permitted by the laws of such jurisdictions. Nothing in these Terms shall affect any statutory rights that you may have as a consumer of the Services.
13.5 We do not limit our liability to you for death or personal injury caused by our negligence or the fraud of our employees or other representatives or for anything else where it would be unlawful to do so under applicable law.
14. Your personal data and privacy
When we process your personal data, we will do so in accordance with the data protection laws that apply to us and in accordance with our Privacy Notice. Please read it carefully.
15. Changes to these Terms
15.1 We may need to amend these Terms and our Privacy Notice from time to time, for example, in order to ensure that we remain compliant with applicable law or to reflect any changes we make to the Services or otherwise.
15.2 You can find a copy of these Terms by visiting our Website at the following URL: https://planetplay.com/terms-of-use. If we make any changes to these Terms, we will upload an amended version of the Terms to this URL. Where any changes are not minor, we will endeavour to give you notice of these changes with a notification within PlanetPlay or through other appropriate means.
15.3 Your continued use of the Services after any changes to the Terms have been made by us will mean that you accept those changes to the Agreement. If you do not agree to any changes to the Terms, you may not continue to use the Services.
15.4 Any changes to these Terms will not affect your accrued rights and will not have any retrospective effect.
16. Law and jurisdiction
16.1 If you have a complaint, please let us try to resolve it first. You can send us details of your complaint by email to email@example.com.
16.2 If you have entered into a transaction relating to one of the Services with anyone other than us, for example, by acquiring Virtual Items from a Game Publisher or other third party, then you should contact that third party.
16.3 In the event of any dispute or claim relating to these Terms (including the Privacy Notice) or the Services (a “Dispute”), both you and Sphaira shall first use best efforts to negotiate an informal resolution to such Dispute for at least thirty (30) days before initiating any formal proceeding. This informal negotiation period will commence upon written notice from one party to the other.
16.4 This Agreement, and any Dispute, shall be governed by and interpreted in accordance with English law, except for certain claims and disputes, for example, relating to consumer protection, unfair competition and tort, which may subject to the laws of the country or state in which you are resident.
16.5 The jurisdiction for any Dispute shall depend on the country or state in which you are resident. You may only bring legal proceedings in respect of a Dispute against us as follows:
(a) if your country or state of residence is Switzerland: only in the courts of Switzerland;
(b) if your country or state of residence is not Switzerland: in the courts of England and Wales or, alternatively, the courts of the country or state in which you are resident, if you are allowed to do so by the mandatory laws of the country or state in which you are resident.
17. Other important terms
17.1 You may not assign or otherwise transfer your rights under this Agreement to someone else for any reason (or attempt or purport to do so), unless we have first given you our express permission in writing, which we may withhold in our sole discretion. We may assign or otherwise transfer our rights and may sub-contract our obligations under this Agreement to anyone else.
17.2 Each of the terms and conditions of these Terms operates separately. If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
17.3 Nothing in these Terms will create any relationship of partnership, agency or employment between us.
17.4 If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under this Agreement. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.