Game Analytics Ltd., 9 Appold Street, London EC2A 2AP
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.
1. GAMEANALYTICS GAMEINTEL SERVICES DESCRIPTION
1.1 The GameAnalytics GameIntel Services (“Services”) included in the package Customer is purchasing pursuant to these ToU are: access to the online, interactive mobile gaming intelligence platform and benchmarks explorer tool available at https://gameintel.io/ that contains insights on the mobile gaming market along with aggregated insights for 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 GAMEINTEL SERVICES TERMS & CONDITIONS
2.1 Customer shall only mean the entity that accepts these ToU and the 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 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 ToU 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 CUSTOMER ACKNOWLEDGES AND AGREES UPON HEREBY THAT THE SERVICES PURCHASED UNDER THESE TOU ARE NON-CANCELABLE AND NON-REFUNDABLE ONCE CUSTOMER’S DATA HAS BEEN ACCESSED BY GA. 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 pricing list displaced and located on https://gameanalytics.com/gameintel/plans/ shall form a part of the ToU and GA reserves its right to change the price of the Services from time to time in GA’s sole discretion.
2.3.3 The Initial Term of the ToU commences on the date of acceptance of these ToU by Customer and continues in effect for the remainder of the chosen subscription period, either one (1) month or twelve (12) months. Neither party is entitled to terminate the ToU during the Initial Term. All amounts paid are not refundable.
2.3.4 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 through GA’s website, 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 written 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 Renewal fees will be charged on the renewal date using the payment method on file for the Customer’s 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.
2.3.7 Credit card payments are subject to verification and authorization by credit card issuer. If the credit card issuer does not authorize payment, GA shall not be liable for any delay or failure to provide Customer with the Services.
2.3.8 The price of Services payable by Customer to GA shown on GA’s website are in US Dollars ($) and are exclusive of any applicable tax.
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 and non-sublicensable right to access and use the Services pursuant to these ToU and of the 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.
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, Customer hereby acknowledges and expressly consents to GA’s disclosure of the cooperative relationship between GA and Customer and GA’s use of the name, logo, trademark, trade name or any other marks of Customer in publicity (e.g. GA’s website) or GA’s advertising or other marketing activities (e.g. GA’s customer listing, marketing materials) by providing Customer with prior written notice (email is sufficient). If Customer objects to such disclosure or use by GA, Customer needs to notify GA in writing, and GA will remove the related information about Customer within five (5) business days.
4. 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”.
FOR ANY ESTIMATES AND FORECASTS MADE BY GA THROUGH THE SERVICES, CUSTOMER ACKNOWLEDGES THAT (I) THERE ARE UNCERTAINTIES INHERENT IN MAKING SUCH ESTIMATES AND FORECASTS AND THAT CUSTOMER IS FAMILIAR WITH THE UNCERTAIN NATURE OF THESE ESTIMATES AND FORECASTS; (II) CUSTOMER IS TAKING FULL RESPONSIBILITY FOR CONDUCTING ITS OWN EVALUATION OF THE ADEQUACY AND ACCURACY OF SUCH ESTIMATES AND FORECASTS (INCLUDING THE REASONABLENESS OF THE ASSUMPTIONS UNDERLYING SUCH ESTIMATES AND FORECASTS) AND (III) CUSTOMER SHALL HAVE NO CLAIM AGAINST GA WITH RESPECT TO SUCH ESTIMATES AND FORECASTS. ACCORDINGLY, GA IS MAKING NO REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH ESTIMATES AND FORECASTS (INCLUDING SUCH UNDERLYING ASSUMPTIONS).