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Benchmarks+ Terms of Use

Game Analytics Ltd., 1-2 Hardwick Street 4th Floor, London, United Kingdom, EC1R 4RB

Company No: 09214168 | VAT ID: GB200046481

This Agreement is made between Game Analytics Ltd. (“GA“) and the customer (“Customer”) identified according to the contact and billing information provided during the registration process and associated with a GA user account.

By accepting these Terms of Use, you represent that you are an authorized signatory for the Customer; you have read and agreed to the Agreement, and you are entering into a legally binding contract.

1. GAMEANALYTICS BENCHMARKS+ SERVICES DESCRIPTION

1.1 The GameAnalytics Benchmarks+ Services included in the package Customer is purchasing pursuant to these terms are: access to the online, interactive benchmarks explorer tool available at https://benchmarks.gameanalytics.com that contains insights on retention, player engagement, and revenue metrics calculated for different game tiers, time intervals, genres, and for different geographies.

1.2 GA will provide technical support for the Services on a best effort basis, and GA will make all reasonable efforts to answer Customer queries within 1 working day.

2. GAMEANALYTICS BENCHMARKS+ SERVICES TERMS & CONDITIONS

2.1 These Terms of Use (“ToU”) are governed by the most recent GA Terms of Service located on https://gameanalytics.com/terms and any related amendments (collectively, the “Agreement”) executed by and between Customer and GA. Customer shall only mean the entity that accepts this Agreement and expressly excludes any related entities; without limiting the foregoing, only Customer, and no third parties (including without limitation related entities such as parent companies, sister companies and subsidiaries), may access or use the Benchmarks+ Services or any portion thereof.

2.2 Any capitalized terms used but not defined herein will have the meanings ascribed to them in the Agreement. In the event of a conflict between these terms and the Agreement, the ToU control to the extent of the conflict and all other terms and conditions of both documents shall otherwise remain in full force and effect.

2.3 Payment and billing

2.3.1 Services purchased under these ToU are non-cancelable and non-refundable. The Total Fee Payable pursuant to the ToU is subject to the Agreement, as well as any prices GA publishes for these services on its website, at the time of ordering or renewal of the services, according to the ToU.

2.3.2 The Initial Term of the ToU commences on the Start Date and continues in effect for six (6) months. Neither party is entitled to terminate the ToU during the Initial Term. All amounts paid are not refundable.

2.3.3 Following the Initial Term, unless written notice of intent not to renew is provided by either party at least thirty (30) days prior to the scheduled expiration date of the then current term, the ToU shall be automatically renewed for successive six (6) months additional terms. GA may increase Customer’s payment fee(s) listed herein, effective as of the end date of the ToU. Such increase(s) may be based on the most recent fees published on GA’s website or included in direct communication with the Customer, such as via email.

2.3.4 Renewal fees will be charged on the renewal date using the payment method on file for the Customers account. In cases where the payment cannot be completed, access to the Services will be suspended immediately without any liabilities of GA until all outstanding fees are paid. GA may contact Customers in regards to outstanding payments, replacing or renewing payment methods, and any other issues related to outstanding fees. GA reserves the right to charge penalties which will equal to the lesser of (a) 0.05% per calendar day or (b) the maximum rate allowed by law on all outstanding fees. GA’s invoices will not accrue interest penalties until 30 days after the due date of the invoice.

2.3.5 GA will not supply any products or services to Customer until the billing and payment provider (such as Stripe) has authorized the use of Customer’s credit card or other applicable method for payment. Customer acknowledges and agrees: (a) that any credit card transaction-related information will be treated by GA as described in GA’s Privacy Policy and, as applicable, in the privacy policy of the third party payment processor(s) used by GA, (b) that all credit card and other payment related information that Customer provides to GA, GA’s designated payment processor, is accurate, current and complete; (c) that Customer will pay any and all charges incurred by Customer or any authorized user of Customer’s payment method resulting from Customer’s purchase at the rate(s) in effect when such charges are incurred; and (d) that you are responsible for any and all taxes that GA assess on Customer such purchase(s).

2.4 Non-exclusive license

2.4.1 Subject to Customer’s payment of all due fees, GA grants Customer a limited, non-transferable, non-exclusive, right to access and use the Services pursuant to the terms of this Agreement, in accordance with the Documentation and solely for Customer’s internal business needs.

2.4.2 Customer agrees that Customer will not, nor will Customer allow any third party to: (i) reverse engineer or otherwise attempt to discover the underlying code of the Services; (ii) copy, modify, adapt, translate or otherwise create derivative works of the Codes or Services; (iii) rent, lease, sell, assign, or otherwise transfer rights in the Codes or Services to any third party; (iv) remove any proprietary notices or bypass any security measures of GA with respect to the Services; (vi) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material that violates third party privacy rights; (vii) send material containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs; (viii) use the Services in a manner that is not compliant with all applicable laws, rules or regulations and within the scope of the limited rights granted hereunder; or (ix) extract or export data from the Services in any way not explicitly provided or supported by GA, resell, share, or create derivative works based on the data in any format or for any purpose other than for internal business use.

2.4.3 Notwithstanding anything to the contrary, Customer’s access to, and use of, the Services is limited to use and access by its full-time employees for Customer’s Internal Use, while such employees are on the premises of Customer’s office or using a static IP address managed by the Customer. GA strictly prohibits Customer from reselling, reusing or sharing any data or insights provided by the Services such as performance figures or any other KPIs, and any derivative works such as research papers, market analysis shared outside of the Customer’s own business, or any other derivative work can only be created or published with GA’s explicit approval, received in writing.

3. Warranty Disclaimer

GA MAKES NO WARRANTIES THAT USE WILL BE FREE OF DEFECTS, ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT OPERATION THEREOF WILL BE UNINTERRUPTED OR SECURE, OR THAT ANY RESULTS DERIVED FROM THE USE THEREOF WILL BE ACCURATE, COMPLETE OR RELIABLE AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING AS A RESULT OF A COURSE OF DEALING OR USAGE IN TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, OR PERFORMANCE OF THE SERVICES, WHETHER MADE BY EMPLOYEES OF GA OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY GA FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF GA WHATSOEVER. CUSTOMER UNDERSTANDS THAT ITS USE OF THE SERVICES IS AT CUSTOMER’S OWN RISK AND THAT THE SERVICES ARE PROVIDED “AS-IS.” AND “AS AVAILABLE”.