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") andthe customer ("Customer”)identified according to the contact and billing information provided during the registration processand associated with a GA user account.
1.GAMEANALYTICS BENCHMARKS+ SERVICES DESCRIPTION
1.1.TheGameAnalytics Benchmarks+ServicesincludedinthepackageCustomerispurchasingpursuanttothese 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
2.3.Payment and billing
2.3.1.Services purchased under these ToU are non-cancelable and non-refundable. TheTotalFeePayablepursuanttothe ToU issubjecttothe 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. GAmayincreaseCustomer’spaymentfee(s)listedherein,effectiveasoftheenddateoftheToU.Suchincrease(s) maybebasedonthemostrecentfees 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 outstandingpayments, replacing or renewing payment methods, and any other issues related to outstanding fees. GA reservesthe 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’sinvoices will not accrue interest penalties until 30 days after the due date of the invoice.
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 otherwisecreate 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 useand 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.
GA MAKES NO WARRANTIES THAT USE WILL BE FREE OF DEFECTS, ERRORS, VIRUSES, BUGS OROTHER HARMFUL COMPONENTS, OR THAT OPERATION THEREOF WILL BE UNINTERRUPTED ORSECURE, OR THAT ANY RESULTS DERIVED FROM THE USE THEREOF WILL BE ACCURATE, COMPLETEOR 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 ARESULT OF A COURSE OF DEALING OR USAGE IN TRADE. NO REPRESENTATION OR OTHERAFFIRMATION OF FACT, INCLUDING WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, ORPERFORMANCE OF THE SERVICES, WHETHER MADE BY EMPLOYEES OF GA OR OTHERWISE, WHICHIS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY GA FOR ANYPURPOSE, OR GIVE RISE TO ANY LIABILITY OF GA WHATSOEVER. CUSTOMER UNDERSTANDS THATITS USE OF THE SERVICES IS AT CUSTOMER’S OWN RISK AND THAT THE SERVICES ARE PROVIDED“AS-IS.” AND “AS AVAILABLE”.