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Terms & Conditions

Last updated: November 12, 2024

1. Acceptance of terms

1.1 GameAnalytics ApS, Pilestræde 58, 2, 1112 Copenhagen K, Denmark, and its Affiliates, as defined in Clause 3, (“GameAnalytics”) welcomes you. GameAnalytics provides its service to you (hereinafter “Company”, “You” and the phrase “Your” constructed accordingly), either an individual or a legal entity that You represent as an authorized employee or agent. You are subject to the following Terms and Conditions, Documentation, as defined in Section 3, and GameAnalytics’ Data Protection Agreements, as defined in Section 9 hereof, which are incorporated herein by reference into these Terms and Conditions.

1.2 You can review the most current version of GameAnalytics Terms and Conditions at:

1.3 BY CLICKING ON “I ACCEPT THE TERMS AND CONDITIONS”, SIGNING UP AND CREATING AN ACCOUNT WITH GAMEANALYTICS, AND, IF APPLICABLE, SIGNING AN ORDER FORM, YOUR ACCEPTANCE INDICATES YOUR ACKNOWLEDGEMENT TO BE BOUND BY THE GAMEANALYTICS TERMS AND CONDITIONS, DATA PROTECTION AGREEMENTS, ORDER FORMS, AND DOCUMENTATION (the “Agreement” or “Terms”) ON THE DATE OF SUCH ACCEPTANCE OR SIGNATURE (the “Effective Date”). THIS ACTION CREATES AN ELECTRONIC SIGNATURE THAT HAS THE SAME LEGAL EFFECT AS A HANDWRITTEN SIGNATURE. YOUR CONTINUED USE OF THE SERVICE PROVIDED BY GAMEANALYTICS MEANS THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO ALL OF THE FOLLOWING TERMS.

1.4 If you are handling and signing this Agreement on behalf of your employer, partner or any other entities, you shall guarantee that you have obtained a lawful and valid authorization and represent and warrant that: (i) you have full legal authority to bind your employer, partner or the applicable entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree on behalf of the party that you represent to these Terms. If you don’t have the legal authority to bind your employer or the applicable entity please do not click the “I accept the Terms and Conditions” button.

2. Hierarchy and Amendment

2.1 Both Parties may subsequently conclude order forms (the “Order Form”) with regard to specific services provided by GameAnalytics. The Order Form shall have the same legal effect of this Agreement and shall be regarded as a part of this Agreement. In the event of a contradiction between this Agreement and the Order Form, the latter one shall prevail.

2.2 GameAnalytics reserves the right to change or modify any of the terms and conditions contained in the Agreement at any time, in its sole discretion, by posting changes at https://gameanalytics.com or such other URL that GameAnalytics may provide from time to time. Your continued use of any part of the Service (as defined below) following the posting of such changes or modifications will constitute your acceptance of such changes or modifications.

3. Certain definitions

In this Agreement, the following words have the meanings set out below. All capitalized terms not defined herein shall have the meaning set forth in the Agreement and in the “Applicable Data Protection Law”:

“Account” refers to Your Account for the Service, which You will receive when You create or sign up for a GameAnalytics account;

“Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party. For purposes of this Agreement, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or cause the direction of the management and set the policies of such an entity.

“Applicable Data Protection Law” means any applicable legislative or regulatory regime enacted by a recognized government, or governmental or administrative entity with the purpose of protecting the privacy rights of natural persons, in particular the General Data Protection Regulation 2016/679 (“GDPR”) and supplementing data protection law of the European Union Member States, the United Kingdom’s Data Protection Act 2018 and the GDPR as saved into United Kingdom law by virtue of Section 3 of the United Kingdom’s European Union (Withdrawal) Act 2018 (“UK GDPR”), the Swiss Federal Data Protection Act (“Swiss DPA”), Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) S.C. 2000, ch. 5, and any provincial legislation deemed substantially similar to PIPEDA under the procedures set forth therein, and the California Consumer Privacy Act (“CCPA”) of 2018, the Brazilian Law No. 13,709/2018 – Brazilian General Data Protection Law (“LGPD”), the ePrivacy Directive 2002/58/EC (the “Directive”), together with any European Union Member national implementing the Directive.

“Documentation” means any accompanying proprietary documentation made available to You by GameAnalytics for use with the Service, including any documentation available online or otherwise;

“Game” means one or more games that are linked to an Account and use the same Tracking Code. A Game is owned by a “Game Developer” or “Game Studio”, a company specialized in the development of video games (“Company”); An “Organization” may own several Game Studios;

“GameAnalytics Content” means all content, including without limitation software (in object or source code form), script, programming code, data, information, structural hierarchies, interfaces, processes, HTML code, trademarks, service marks, proprietary logos, distinctive brand features, images, illustrations, graphics, multimedia files and/or text, contained in the GameAnalytics Platform, as well as the structure, selection, coordination, expression, “look and feel”, and arrangement of the GameAnalytics Platform, and all Intellectual Property Rights therein or relating thereto.

“GameAnalytics Platform” means GameAnalytics’ proprietary online software as a service (“SaaS”) platform located at gameanalytics.com (including, without limitation, any successor domains or subdomains thereof), together with any fixes, updates, enhancements and upgrades thereto. Without limiting the foregoing, the GameAnalytics Platform shall include the GameAnalytics Content, the Documentation, and the Game Data.

“Game Data” means the information data concerning the characteristics and activities of Players that is collected through use of the Tracking Code and then forwarded to the Servers and analyzed by the Processing Software;

“MarketIQ”: GameAnalytics’ premium analytics tool that provides advanced insights into mobile game performance and market trends. This tool offers features such as custom reporting, benchmarking, competitor analysis, and predictive analytics, enabling users to make data-driven decisions. MarketIQ includes, but is not limited to, the services described at the MarketIQ web page available at https://gameanalytics.com/marketiq/, and is subject to the terms and conditions applicable to premium services under the GameAnalytics platform.

“Party” means a party to this Agreement and shall be a reference to You or GameAnalytics, as the context requires and “Parties” shall mean both GameAnalytics and You collectively;

“Player” means a user of Your Game;

“Personal Data” means any information relating to a “Data Subject”, defined herein as an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Processing Software” means the proprietary GameAnalytics software and all upgrades to such, which is hosted by GameAnalytics on the Servers and which analyzes the Game Data and generates the reports relating to Games;

“Servers” means the servers controlled by GameAnalytics (or its wholly owned subsidiaries) or a third party appointed by GameAnalytics upon which the Processing Software and Game Data are stored;

“Service” shall have the meaning described in section 4.1 below;

“Software” means the Tracking Code and the Processing Software, and all software used to access, view, or modify reports or access rights to GameAnalytics;

“Tracking Code” means the proprietary GameAnalytics tracking code, which is provided by GameAnalytics and installed by You in a game for the purpose of collecting Game Data, together with any fixes, updates and upgrades provided to you (collectively, the “Tracking Code”).

“Websites” means GameAnalytics’ official website located at https://gameanalytics.com and all associated sites linked to https://gameanalytics.com by GameAnalytics.

4. Description of Service

4.1 GameAnalytics provides game developers with access to certain game development and analytics resources through the GameAnalytics Platform, including but not limited to, various software applications, site profile service, game development analytics, game usage analytics, game market insights, and data service that includes but is not limited to game sharing service, data export service and bundle service (the “DataSuite Service”). The (GameAnalytics Platform and DataSuite Service are collectively referred to as “Service”).

4.2 You understand and agree that the Service, the Software and the Websites are provided “AS-IS” and that GameAnalytics assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings, game or any other type of data. You are responsible for obtaining and managing access to the Service, the Software and the Websites.

4.3 Certain part of the Service described in this Agreement or listed in the Order Form (when applicable) may be provided by GameAnalytics’ technical partners or vendors (“Partner”) who has entered into agreement with GameAnalytics and Your use of the Service shall be subject to the terms of use and the data protection agreement of the Partner besides this Agreement. You shall accept and be bound by all legal documents provided by the Partner before using the Service. In case of any discrepancy between the legal documents of the Partner and this Agreement, the legal documents of the Partner take precedence.

5. Fees and Services

5.1 GameAnalytics may, at its sole discretion, provide certain Services, designated as “Core Analytics,” free of charge up to certain limits as detailed in the Event Tracking Limits page, available at https://docs.gameanalytics.com/event-types/event-limits/. GameAnalytics reserves the right to modify these thresholds at its discretion.

5.1.1 Upon reaching or modifying such thresholds, GameAnalytics shall notify Company should it become necessary to initiate payment obligations for the continuation of Service provision. Absent such payment following notification, the provision of Service will be suspended.

5.1.2 The provision of Core Analytics shall cease automatically upon achievement of the usage limit. Should usage exceed such thresholds, the Services shall thereafter be governed by the terms set forth on the pricing page available at https://gameanalytics.com/pricing/#core (“Pricing Page”). Either Party may terminate the provision or use of the Core Analytics at any time without notice.

5.1.3 GameAnalytics explicitly disclaims all liability for any defects in the Core Analytics, including but not limited to their accuracy, error-free operation, non-infringement of third-party intellectual property or copyright rights, completeness, or fitness for a particular purpose, except in cases of willful misconduct or fraud.

5.2 GameAnalytics provides various subscription services, with details on pricing and other relevant terms available on the Pricing Page and during the payment process (“Self-Checkout”). GameAnalytics reserves the right to modify pricing or features associated with each plan at its sole discretion, with prior notice provided as set forth in this Agreement. The initial term for each subscription will be defined at the time of subscription and confirmed during the Self-Checkout or as specified in an Order Form. Company can also refer to the Pricing Page for details regarding the initial subscription period. In the event of any discrepancy between the Pricing Page and an Order Form, the terms of the Order Form shall prevail.

5.2.1 Company shall bear full responsibility for all costs associated with queries executed on Google Cloud Platform (“GCP”) using BigQuery services. These costs are generated based on the volume of data processed by each query, in accordance with the pricing structure specified by Google Cloud Platform. Each invoice issued to the Company will itemize these costs as separate entries, providing a detailed breakdown of charges incurred during the billing period. It is the Company’s obligation to monitor and manage its query usage to control and optimize expenditures related to BigQuery.

5.2.2 All payments made by Company to GameAnalytics under this Agreement, including but not limited to payments for paid services as set forth on the Pricing Page or in an Order Form, and costs associated with queries executed on GCP using BigQuery services, are non-refundable. This includes, but is not limited to, cases where services are unused, underutilized, or where there is a reduction in query usage or data processed. GameAnalytics shall not be liable for refunding any fees, except in cases of willful misconduct or fraud.

5.3 You are solely responsible for payment of any taxes, fees, or other charges of any nature whatsoever assessed against You by any governmental authority upon or with respect to the Service, excluding any taxes payable by GameAnalytics under applicable tax laws and regulation, notably but not limited to, on its general income. Each Party shall pay its own taxes as they fall due and shall indemnify and hold harmless the other Party from any and all claims and liability arising from its failure to report or pay such taxes.

5.4 GameAnalytics may at its sole discretion change its Fees and payment policies for the GA Portal from time to time and GameAnalytics shall provide You notice of the changes to the Fees or payment policies at https://gameanalytics.com (or such other URL as GameAnalytics may nominate for this use from time to time) and Your continued use of the GameAnalytics Platform following such notification shall be deemed to be acceptance of such change.

5.5 Free Trial Period and Discount Policy:

5.5.1 Eligibility and Duration: GameAnalytics may offer a free trial period for certain premium services (“Free Trial”). The duration of the Free Trial shall be determined at the time access is granted to eligible users, and is subject to change at GameAnalytics’ sole discretion.

5.5.2 Trial Features and Access: During the Free Trial, users will have access to the specified premium services, which may include limited features or functionality. GameAnalytics reserves the right to modify or limit access during the trial at any time without prior notice.

5.5.3 Automatic Conversion and Payment: Upon expiration of the Free Trial, unless canceled before the trial ends, users will be automatically enrolled in the applicable paid subscription plan at the standard rate. To access the Free Trial, users are required to provide valid credit card details, which will be collected and processed by a third-party service provider on behalf of GameAnalytics. GameAnalytics does not directly collect or store credit card information. Users will be charged for the first subscription period immediately upon the conclusion of the Free Trial unless the trial is canceled before the expiration date.

5.5.4 Cancellation and Termination: Users may cancel the Free Trial at any time before the trial expires to avoid charges. Cancellations can be made through the user account settings or by contacting support. Once canceled, access to the premium services may immediately terminate.

5.5.5 The Free Trial is offered “as is” with no warranties of any kind. GameAnalytics does not provide refunds or credits for partial use or failure to cancel the trial before its expiration.

5.5.6 Data and Privacy During Trial: Data collected during the Free Trial will be treated in accordance with the GameAnalytics Privacy Policy. If the user does not transition to a paid subscription, GameAnalytics may, at its discretion, delete or retain data based on its retention policies.

5.5.7 GameAnalytics reserves the right to modify, cancel, or terminate the Free Trial program at any time without notice.

5.5.8 Discount Policy: GameAnalytics may, at its sole discretion, apply a variable discount to the services provided under this Agreement, including any services following the Free Trial. GameAnalytics reserves the right to change or cancel any discounts at any time without further notice, and any such changes will be reflected in the subsequent invoice for the services provided at the agreed-upon rate. Discounts will only apply for the period specified and will not extend beyond the defined promotional or trial period unless otherwise agreed in writing.

5.6 Billing Cycle: Our Services are subject to a billing cycle that determines how and when you are billed for using them. The billing cycle is a critical component of our Agreement with You, outlining the period over which service fees will be calculated and charged.

5.6.1 Our Services will operate under a unified 30-day billing cycle model. Charges for the Services will be calculated based on usage over the preceding 30 days.

5.6.2 Upon initiating your subscription, your account will be billed on the same calendar date each month based on the date of your initial subscription. The monthly active user (MAU) count, which, if applicable, determines the billing amount for each period, will be based on the usage during the 30 days preceding each billing date. We will inform you of your specific billing date when you start your subscription, and this date will remain consistent across subsequent billing periods unless you are otherwise notified.

5.6.3 Upon the preparation and finalization of the billing statement for the preceding billing period, GameAnalytics shall issue an invoice, which shall be dispatched to Company via electronic mail. It shall be the sole responsibility of Company to maintain accurate and current contact information to ensure the prompt receipt of such invoices. Failure to receive timely notification due to outdated or incorrect contact information shall not constitute grounds for non-payment or delay in payment of the invoiced amounts.

5.6.4 Should Company fail to make payment within the terms agreed upon, or if any payment method provided by the Company is rejected, GameAnalytics reserves the right to remove access to the paid features of the Service. Notwithstanding such removal, access to “Core Analytics” features will be maintained for the account in question. This limited access remains in effect until the overdue payments are settled in full or until further notice by GameAnalytics. GameAnalytics does not guarantee that data related to periods following the removal of access will be accessible or retrievable, even if payments are subsequently settled. GameAnalytics may reinstate full access to all features upon receipt and clearance of all outstanding payments.

5.6.5 All invoices issued by GameAnalytics are payable within 30 calendar days from the invoice date, unless otherwise agreed in writing. Failure to settle invoices within this period may result in the suspension of access to paid services, as outlined in Clause. It is Company’s responsibility to ensure timely payment and compliance with these terms to avoid service disruptions.

5.6.6 We reserve the right to modify or change these billing cycle terms as necessary. Any changes to these terms will be communicated to you in accordance with this Agreement.

5.7 Without limiting the generality of the foregoing, if an Account is inactive for ninety (90) days or exceeds metrics listed in Clause 7.4, then GameAnalytics may suspend the Service and/or delete any or all of Your Accounts and the Game Data contained therein without further notice and in its sole discretion.

6. Account, password and security

6.1 To register for the Service, You must complete the registration process by providing GameAnalytics with current, complete and accurate information as prompted by the registration form, including Your email address (username) and password. You represent that You are of legal age to form a binding contract.

6.2 You shall protect the confidentiality of the passwords and username issued to you by GameAnalytics and take full responsibility for Your own, and third party, use of Your password or Account. From time to time, GameAnalytics’ (or its wholly owned subsidiaries’) support staff may log in to the Service under Your username in order to maintain or improve the Service, including to provide You assistance with technical or billing issues. You hereby acknowledge and consent to such access.

6.3 You are also responsible for any and all activities that occur on, or otherwise in connection Your Account and use of the Service. You agree to immediately notify GameAnalytics of any unauthorized use of any of Your Account or passwords, as well as any other security breach related to Your Account.

7. License and Acceptable Use

7.1 GameAnalytics hereby grants You a limited, revocable, non-exclusive, non-transferable license (without the right to sub-licence) to install, copy and use the Tracking Code solely to the extent necessary to use the Service for one or more Games that You own and control. GameAnalytics also grants you the right to remotely access, view and download the reports relating to Games. Your license of the Tracking Code and your use of and access to the Service (which includes, without limitation, the Software, Documentation and the reports relating to Games) is conditional upon Your compliance with the terms and conditions of the Agreement.

7.2 You will not nor will You allow any third party to:

7.2.1 copy, modify, adapt, translate or otherwise create derivative works of the Websites, the Software or the Documentation;

7.2.2 reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Websites or the Software, except to the extent applicable laws specifically prohibit such restriction

7.2.3 use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Websites and the Software, or in any way reproduce or circumvent the navigational structure or presentation of the Websites and the Software, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Websites and the Software;

7.2.4 rent, sublicense, lease, sell, assign or otherwise transfer rights (or purport to do any of the same) in or to the Tracking Code, the Processing Software, the Documentation, any information acquired from the Service or the Service;

7.2.5 remove any proprietary notices or labels on the Software or which are otherwise placed by the Service; or

7.2.6 use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. Subject to Clause 7.3, You will use the Software, Service and reports relating to Games solely for Your own internal use, and will not make the Software or Service available for time sharing, application service provider or service bureau use. You will comply (and shall ensure that any third parties to whom You grant access to the reporting functions of the Software comply) with all applicable laws and regulations relating to the use of and access to the Websites, the Documentation, Software, Service and reports relating to Games.

7.3 You may not provide access to the Software to third parties. However, You may (at Your own risk) provide access to the reporting functions of the Software to third parties (a “Third Party”) as long as You do not directly or indirectly charge a service fee for granting such access and provided that You remain responsible for such Third Parties’ use of any information or other material You provide.

7.4 Event Metrics Definitions and Limits

7.4.1 All event tracking limits are detailed in the Event Tracking Limits page.

7.4.2 In case one or more of Your Games exceed any Limit depicted in the Event Tracking Limits page, GameAnalytics shall notify You and request You to remediate without undue delay after such notice. GameAnalytics reserves the right to suspend the Service for the corresponding Game, in its sole discretion and until all the Metrics are reverted below the Hard Limit threshold. GameAnalytics shall cooperate with and support Company to avoid any Service disruption.

7.5 The license granted above and Your right of use of the Service will terminate immediately if You fail to comply with the terms of this Agreement and the provisions of Clause 14 will apply.

8. Confidentiality

8.1 For the purposes of this Agreement, “Confidential Information” includes any proprietary data and any other information disclosed by one party to the other in writing and marked “confidential” or disclosed orally and, within five business days, reduced to writing and marked “confidential”. However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party’s possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information or any allowed usage by GameAnalytics of information as described in this Agreement.

8.2 Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.

8.3 Publicity. Unless an agreed confidentiality agreement has been signed by both parties which expressly outlines that the cooperative relationship is the confidential information of each party and disclosure of it is not allowed, Company hereby acknowledges and expressly consents to GameAnalytics’ disclosure of the cooperative relationship between GameAnalytics and Company and GameAnalytics’ use of the name, logo, trademark, trade name or any other marks of Company in publicity (e.g. GameAnalytics’ website) or GameAnalytics’ advertising or other marketing activities (e.g. GameAnalytics’ customer listing, marketing materials). If Company objects to such disclosure or use by GameAnalytics, Company needs to notify GameAnalytics by email to: support@gameanalytics.com, and GameAnalytics will remove the related information about Company within five (5) business days.

8.4 Non-Resale of Downloaded Data:

by accessing and using the Service, You acknowledge and agree to the following terms regarding the downloaded reports and exported data:

8.4.1 Confidentiality Obligations: The materials, information, reports and exported data downloaded from the GameAnalytics Platform (“Downloaded Data”) are considered confidential and proprietary information. Company agrees to maintain the utmost confidentiality with respect to the Downloaded Data and treat it as strictly confidential.

8.4.2 Prohibition of Resale: You expressly agree not to resell, distribute, publish, reproduce, or otherwise make the Downloaded Data available to any third party, whether for commercial or non-commercial purposes, without obtaining our prior written consent. This prohibition includes, but is not limited to, selling, licensing, sublicensing, leasing, or providing access to the Downloaded Data to any other individual, organization, or entity.

8.4.3 Non-Disclosure: You shall not disclose, display, or make public any portion of the Downloaded Data, including but not limited to individual reports, data sets, visualizations, or any other form of information derived from the Downloaded Data, to any third party without our express written consent.

8.4.4 Usage Restrictions: You are authorized to use the Downloaded Data solely for internal purposes and strictly within the scope of your legitimate business operations. Any other use, including but not limited to research, analysis, benchmarking, or any other commercial activity, is strictly prohibited unless otherwise agreed upon in writing.

8.4.5 Intellectual Property Rights: All intellectual property rights, including but not limited to copyrights, trademarks, and any other proprietary rights related to the Downloaded Data, shall remain the exclusive property of our organization or its licensors. Nothing in these terms shall be construed as granting you any ownership or intellectual property rights over the Downloaded Data.

8.4.6 Breach and Remedies: In the event of a breach of this clause, we reserve the right to seek injunctive relief, damages, or any other legal remedy available under applicable law. Additionally, we may suspend or terminate your access to the Service and take any necessary steps to protect our rights and interests.

8.4.7 Survival: This clause shall survive the termination or expiration of any agreement or relationship between You and our organization, ensuring the ongoing protection of the Downloaded Data.

9. Data Usage and Protection

9.1 Both Parties hereby agree to incorporate the EU Data Processing Addendum (“EU DPA”),  Privacy and Data Protection Addendum for Mainland China (“PIPL DPA”) and EU Standard Contractual Clauses for data transfers between EU and non-EU countries Controller-to-Processor Module, 4 June 2021 (“SCC”), (collectively “Data Protection Agreements” or “DPA”) into this Agreement which are available at https://gameanalytics.com/trust/legal/terms, and agree to comply with the provisions in the DPA.

9.2 You will comply with your obligations relating to Personal Data that apply to You under Applicable Data Protection Laws (including applying appropriate technical and organizational security measures to prevent the occurrence of a personal data breach) under or in connection with this Agreement.

9.3 You will ensure that You have provided adequate notices to data subjects (including without limitation all individual Players and other end-users), in each case, to the extent necessary for GameAnalytics to process their Personal Data in connection with this Agreement and as described in the GameAnalytics’ DPA and Privacy Policy.

9.4 You will ensure that You have obtained valid consents and permissions from all data subjects (including without limitation all individual Players and other end-users), for processing activities going beyond the mere creation of aggregate usage statistics, such as the creation of user-level analytics, and/or for raw data export functionalities, in each case, for GameAnalytics to lawfully process their Personal Data in connection with this Agreement and as described in the GameAnalytics’ DPA and Privacy Policy.

9.5 You must not circumvent any privacy features (e.g., an opt-out) that are part of the Service and You will not by act or omission, cause GameAnalytics to violate any Applicable Data Protection Law, notices provided to, or consents obtained from, data subjects as result of processing Personal Data in connection with the Service and this Agreement.

9.6 GameAnalytics shall have the right to use all necessary data, including Game Data, collected during the Service or otherwise pursuant to this Agreement (i) to perform its obligations and enforce its rights under this Agreement, (ii) to operate and improve its Service, and (iii) for analytics and general reporting or research purposes, notably as part of the Service enhancement. You grant to GameAnalytics a worldwide, perpetual, irrevocable, non-transferable, non-exclusive, royalty-free license to use any such data for the purposes set forth herein.

9.7 You acknowledge and agree that GameAnalytics may: (i) compile all necessary aggregated and/or de-identified data (including but not limited to Personal Data and Game Data) in connection with providing the Service, provided that such information cannot reasonably be used to identify Players and You, or any data subject to whom Personal Data relates (“Aggregated and/or De-Identified Data”); and (ii) use Aggregated and/or De-Identified Data to train, develop and optimize model to generate estimated product performance information in the Service and GameAnalytics’ future services.

9.8 The DPA may be amended from time to time, provided that such amendment shall not have a material adverse impact on Your rights and interests provided under this Agreement. Except otherwise as expressly provided in this Agreement, in the event of any conflict between the provisions of the DPA and those of this Agreement, the provisions of the DPA shall prevail.

10. Indemnification

10.1 You agree to indemnify GameAnalytics and, its agents, affiliates, directors, officers, employees and partners against any loss, liability or cost arising out of

10.1.1 Your violations of any applicable laws, rules or regulations in connection with Your use of the Service;

10.1.2 Any breach of the provisions of this Agreement by You or any third party to whom You provide access to Your Account or the reporting functions of the Software; and

10.1.3 any claim against GameAnalytics made by any such third party in connection with the third party’s access to Your Account or the Service.

11. Use by third parties

11.1 If You provide access to Your Account or any portion thereof to any third party or use the Service to collect information on behalf of any third party, whether or not You are authorized to do so by GameAnalytics or its wholly owned subsidiaries, the terms of this Clause 11 shall apply.

11.2 If You use the Service on behalf of any third party, you hereby represent and warrant to GameAnalytics that:

11.2.1 You are fully authorized to act on behalf of such third party and to bind such third party to this Agreement; and

11.2.2 as between that third party and You, such third party owns all right, title and interest in and to the Game Data in any relevant Account(s).

11.3 Without prejudice to Clause 11.2, You shall ensure that each such third party complies with the terms of this Agreement as if it were a party hereto in substitution for You. Any information of any such third party that is considered confidential shall be treated as confidential by You and shall not be disclosed to any other third party. Without prejudice to the foregoing, You agree that You shall not disclose any Game Data belonging to any third party on whose behalf You use the Service without the prior written consent of such third party.

12. Disclaimer of warranties

12.1 GameAnalytics may make improvements and/or changes in the Service, the Software or the Websites at any time, with or without notice. The Service, the Software, the Websites and the reports relating to Games are provided “AS IS” with all faults and GameAnalytics gives no warranties with respect to any of them. Without limiting the generality of the foregoing, GameAnalytics does not represent or warrant that:

12.1.1 the use of the Service, the Websites or the Software will meet your requirements or be uninterrupted, secure or error-free;

12.1.2 that defects will be corrected;

12.1.3 that the Service, the Websites, the Software or any other software on the Server are free of viruses or other harmful components;

12.1.4 that the use of the Service and any information available through the Service (including the reports relating to Games) will be correct, accurate, timely or otherwise reliable.

12.1.5 that the Service, the Websites, the Software or any other software on the Server are non-infringing;

12.1.6 that the report, advice or insight given by GameAnalytics shall create a warranty.

13. Limitation of liabilities

13.1 Nothing in this Agreement shall exclude or limit either Party’s liability for:

13.1.1 death or personal injury resulting from the negligence of either Party or their servants, agents or employees;

13.1.2 fraud or fraudulent misrepresentation;

13.1.3 breach of any implied condition as to title or quiet enjoyment; or

13.1.4 misuse of confidential information.

13.2 Nothing in this Agreement shall exclude or limit either Party’s liability: for breach of Clause 8 (Confidentiality) or for infringement of the other Party’s intellectual property rights.

13.3 Subject to Clauses 13.1 and 13.2, neither Party shall be liable in contract, tort (including, without limitation, negligence) or otherwise arising out of or in connection with this Agreement for:

13.3.1 any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);

13.3.2 any loss of goodwill or reputation;

13.3.3 any special, indirect or consequential losses; whether or not such losses were within the contemplation of the Parties at the date of this Agreement.

13.4 Subject to Clauses 13.1 and 13.2, You agree that GameAnalytics and its wholly owned subsidiaries shall not be responsible for or have any liability in relation to unauthorized access to or alteration of the Game Data or data from Your Game.

13.5 GameAnalytics shall have no liability for any error, defect, failure or delay in the Service. Without prejudice to the generality of the foregoing, GameAnalytics shall have no liability for any failure or delay in the Service: any special, indirect or consequential losses; whether or not such losses were within the contemplation of the Parties at the date of this Agreement.

13.5.1 caused by outages to any public Internet backbones, networks or servers; any special, indirect or consequential losses; whether or not such losses were within the contemplation of the Parties at the date of this Agreement.

13.5.2 caused by any failures of Your equipment, systems or local access services or

13.5.3 due to previously scheduled maintenance.

13.6 Subject to Clauses 13.1 and 13.2, GameAnalytics’ (and its wholly owned subsidiaries’) total cumulative liability (whether in contract, tort – including negligence – or otherwise) to You under or in connection with this Agreement shall not exceed DKK 1,000.

13.7 WHEN ACCESSING AND USING MARKETIQ, YOU MAY ENCOUNTER THIRD-PARTY INFORMATION, DATA, OPINIONS, IMAGES, VIDEOS, ETC. GAMEANALYTICS DOES NOT REVIEW OR CONTROL SUCH THIRD-PARTY CONTENT. YOU ARE RESPONSIBLE FOR VERIFYING THE AUTHENTICITY, LEGALITY, AND VALIDITY OF THIRD-PARTY CONTENT AND ASSUME ALL ASSOCIATED RISKS.

14. Proprietary rights notice

14.1 GameAnalytics shall own all right, title and interest, including without limitation all intellectual property rights in the Service, (and any derivative works or enhancements thereof) which includes but is not limited to the Software and the Documentation, all rights in and to the Service (including the Software and the Documentation) not expressly granted to You in this Agreement are hereby expressly reserved and retained by GameAnalytics and its licensors.

14.2 Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to):

14.2.1 use the trademarks, service marks, trade or business names, logos, domain names, other distinctive brand features or any other copyrighted material or other proprietary rights owned by GameAnalytics and which are associated with the Service without the express written consent of GameAnalytics;

14.2.2 register, attempt to register or assist any third party to register or attempt to register any trademark, service mark, trade or business name, logo, domain name, other distinctive brand feature or any other copyrighted material or proprietary right associated with the Service or with GameAnalytics, otherwise than in the name of GameAnalytics and with GameAnalytics express prior written consent;

14.2.3 remove, obscure or alter any notice of copyright, trademark or other proprietary right notice appearing in or on any item included with the Service.

14.3 Especially when accessing and using the MarketIQ product, You acknowledge that the contents displayed through the product may be sourced from publicly available information, and ownership remains with the original rights holders. You confirm and agree that these contents are provided solely for monitoring and learning purposes. You can not use the contents for any commercial or illegal purposes. The materials displayed are subject to the nature of public advertisements and are not intended for redistribution or commercial exploitation.

14.4 Based on the fact that the MarketIQ product has the function of displaying and analyzing advertising materials, You understand and agree that the materials viewed by GameAnalytics or GameAnalytics’s partners using the MarketIQ product may include advertising materials placed on mobile applications and websites by You. GameAnalytics will not be held legally liable for the use of Your advertising materials in any way.

15. Term and termination

15.1 the term of this Agreement shall commence on the Effective Date and shall remain in force unless terminated by either Party in accordance with Clauses 15.2 or 15.3.

15.2 Either Party may terminate this Agreement upon mutual agreement, or if the other party is in breach of this Agreement and fails to cure such breach within thirty (30) days after the non-breaching party provides notice of the breach. Either party may also terminate this Agreement immediately upon notice if the other party (a) is liquidated, dissolved, or adjudged to be in a state of bankruptcy or receivership, (b) is insolvent, unable to pay its debts as they become due, makes an assignment for the benefit of creditors, or takes advantage of any law for the benefit of debtors, or (c) ceases to conduct business for any reason on an ongoing basis leaving no successor in interest.

15.3 GameAnalytics reserves the right to terminate this Agreement at any time for convenience, upon giving thirty (30) days written notice to the Customer. Such notice shall be deemed sufficient if sent via email to the email address provided by Customer. For subscriptions purchased through self-service, a standard notice period of 30 days applies unless otherwise indicated.

15.3.1 This termination does not require the demonstration of any cause and shall be effective as specified in the notice.

15.3.2 GameAnalytics may also immediately disable or suspend your access to and use of the Service if GameAnalytics believes in good faith that your conduct or failure to act may: (i) pose a security risk or otherwise adversely impact the Service, systems, or other users; (ii) constitute or enable tampering with, removing, disabling, or otherwise limiting the effectiveness of any technical protections; (iii) subject GameAnalytics, any reseller, or any other user to liability; or (iv) expose the Service or any of its functionalities to the risk of appropriation, replication, or use by competitors in a manner that could diminish the competitive advantage of GameAnalytics.

15.3.3 Some subscription plans may include a lock-in period, during which early termination could result in additional fees or payment for the full term. Any lock-in period applicable will be clearly communicated on the Pricing Page and during the payment process.

15.3.4 All subscriptions will automatically renew at the end of the initial term, for the same length as the original subscription, as specified on the Pricing Page or during the self-checkout process, unless canceled in accordance with this Agreement. Company may cancel auto-renewal by providing notice of non-renewal at least 30 days before the renewal date, as specified on the Pricing Page or during the payment process.

15.4 Upon any termination or expiration of this Agreement:

15.4.1 GameAnalytics will cease providing the Service, and You will delete all copies of the Tracking Code in your possession and certify to GameAnalytics within three (3) business days of such termination that you have carried out such deletion;

15.4.2 Any outstanding balance for any part of the Service rendered through the date of termination, or other unpaid payment obligations during the remainder of the term of this Agreement will be immediately due and payable in full; and

15.4.3 All of Your historical report data will no longer be available to You unless You and GameAnalytics enter into a written agreement for the exchange and transfer of such data.

16. Applicable law and venue

16.1 This Agreement will be governed by and construed in accordance with the laws of England and Wales, without regard to or application of conflict of laws, rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. All disputes arising out of or in connection with the Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules in London and the language of the arbitration shall be in English. The arbitration award will be final and binding on both parties. The prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses related to such arbitration (including but without limitation to reasonable attorney’s fees and costs, arbitration fees and costs, notarization fees, investigation fees, litigation preservation fees, travel expenses, etc.).

16.2 Notwithstanding the foregoing, You agree that GameAnalytics shall have the right to seek injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.

17. Other Interpretive Matters

All terms defined directly or by incorporation in this Agreement shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Agreement, unless the context otherwise requires: (a) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular provision of this Agreement; (b) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Agreement, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (c) the term “including” means “including without limitation”; (d) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (e) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (f) references to any Person include that Person’s successors and assigns; and (g) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof.

18. Miscellaneous

18.1 Successors and Assigns. Neither Party shall assign this Agreement nor any of the obligations under this Agreement to any other party without prior written consent of the other Party, which consent shall not be unreasonably withheld. This Agreement shall be binding on and inure to the benefit of each Party’s legal successors and permitted assigns.

18.2 Entire Agreement. This Agreement, including any documents  incorporated by reference, supersedes any and all other prior agreements, understandings, negotiations, or communications, either oral or in writing, between the Parties or their representatives and constitutes the entire understanding of the Parties with respect to its subject matter.

18.3 Notices. Written notices as required under this Agreement shall be deemed to have been given or made on the next business day when sent by the use of overnight courier, or on the fifth business day after deposit, postage prepaid in mail for certified, registered mail to the addresses of the Parties or email to the email address registered by You. Your address for notice may be changed at any time by editing Your Account information.