Last Updated: April 8th, 2014
Thanks for using our analytics products and services (“Services”). The Services are provided by GameAnalytics (“GA”), located at Refshalevej 147, 1, 1432 Copenhagen, Denmark. By using our Services, you (“Customer”, “User”) are agreeing to these terms. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk. Please read them carefully. GA reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: www.gameanalytics.com/terms.html
THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND GAMEANALYTICS, THE OWNER AND OPERATOR OF THE SERVICES. BY USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
A GameAnalytics account allows you to track an unlimited amount of data events per month free of charge. GameAnalytics reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, if a Free Account is inactive for ninety (90) days, then GameAnalytics may delete any or all of Your Files without providing additional notice.
Your GameAnalytics Account will continue in effect unless and until you specifically request the cancelling of your account.
You may cancel your GameAnalytics Account at anytime, and cancellation will be effective immediately. If you wish to cancel your account you may do so by submitting a request to GameAnalytics support at firstname.lastname@example.org or support.gameanalytics.com/hc/en-us/requests/new
The usage of the GameAnalytics Service is currently free of charge. However, GA reserves the right to add new fees and charges in the future. Advance notice of these changes will be given by email.
(a) Personal Security. You shall protect your passwords and take full responsibility for your accounts for the Service. You are solely responsible for any and all activities that occur under your account. You agree to notify GA immediately upon learning of any unauthorized use of your account or any other breach of security.
(b) Service Security. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Services, at GA’s sole discretion. GA reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services.
With this Agreement, GameAnalytics hereby grants you a nonexclusive, limited, non-transferable, revocable and non-sublicensable license to use and access the GameAnalytics Service via our online reporting Website. The Service allows you to analyze data collected by the SDK and/or the API. You may implement our Services by using our API or by using a GameAnalytics SDK in your mobile games. All data collected must consist of non-personally identifiable information regarding the behavior and usage patterns of users on your and/or other mobile game applications.
(a) User Data. "Data" means any data that you may submit to the portion of the Services comprising the GameAnalytics web platform designed to facilitate processing of data and related services for the purpose of deriving analytical results from the processing of such submitted data via such portion of the Services pursuant to a free or paid plan.
(b) Rights to Data. You agree, represent, and warrant that any Data you upload or transmit to or through the Services is truthful, accurate, not misleading and offered in good faith, and that you are the owner or otherwise have all rights, licenses, permissions, and authorizations necessary to upload or transmit the Data to the Services and grant the rights to the Data or Content as set forth in these Terms. If you are not the copyright owner of or are not fully authorized to grant the rights set forth herein in all of the elements of the Data you intend to upload or transmit to or through the Services,then you must not upload such Data or Content to the Service.
(c) Retention of Your Intellectual Property Rights. By uploading or otherwise providing Data or Content to the services you are not surrendering any intellectual property rights that you may have in your Data or Content. Rather, you are merely granting gameanalytics a license pursuant to the provisions of these terms. You will continue to own, to the extent of your existing rights, all of your Data or Content.
If an end user opts-out, GameAnalytics will stop tracking data for the device identified by the provided MAC address and/or device identifier going forward. The Analytics Service tracking will stop across all Services within the reach of GameAnalytics. You agree to obtain all end-user consents required by applicable law before you use the Services.
You agree that you will not use the Service in connection with any application labeled or described as a "Kids" or "Children" application and will not use any Service (i) in connection with any application, advertisement or service directed towards children, (ii) to collect any personal information from children.
(e) Waiver of Rights. By uploading to the Services you waive any rights to prior inspection or approval of any marketing or promotional materials related to such . You further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your use of the Services or any (or any portions thereof) you provide on or through the Services. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any you upload to the Services, during the term of these Terms. You expressly release GameAnalytics and all of its agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the use of your user content.
(f) Confirmation of Rights. GameAnalytics reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in Data or Content you upload to or transmit through the Services. If you fail to provide us with such confirmation upon request, we reserve the right to remove any or all of your Data from the Services and to suspend or terminate your account with GameAnalytics. We will have no liability to you for any actions taken by us pursuant to this.
(g) Representations and Warranties with Respect to Data. By uploading or transmitting Data or Content to or through the Services, you hereby represent and warrant to GameAnalytics that (a) you have obtained all necessary rights, permissions, authorizations, licenses, and clearances to grant the licenses and rights set forth in these Terms with respect to such Data or Content and (b) the use of such in a manner consistent with these Terms will not (i) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (ii) require GameAnalytics or any Third Party Site on or through which the Services are made available to pay any fees of any kind to any third party.
If you use a GameAnalytics Service that we provide free of charge, you agree that we may display your company name, trademarks or logos and app images on our customer reference page or otherwise as necessary to provide the Service.
You agree to indemnify, defend and hold harmless GameAnalytics and its parent, subsidiaries, affiliates, investors, sublicensees or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, contractors and assigns and other GameAnalytics users who use any Data or Content User Materials you upload to or make available on the Services, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (1) your use or misuse of the Services; (2) your Data or Content User Material, including GameAnalytics’s or any user’s use of your Data or Content User Material consistent with these Terms;
(3) your breach or other violation of these Terms, including any representations, warranties and covenants herein; or (4) your violation of (a) Trademarks. All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to GameAnalytics or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
In no event will gameanalytics or its officers, directors, licensors or suppliers be liable to any party for any direct, indirect, special or other consequential damages arising out of or in connection with: (1) the use or access of or inability to use or access the services; (2) any products advertised, promoted or displayed on the services; and (3) content (including data) made available through the services, in each instance, including, without limitation, any lost profits, business interruption, or otherwise, whether based in tort, contract or other legal theory, even if GameAnalytics or its licensors or suppliers are expressly advised of the possibility of such damages. in no event shall GameAnalytics or its licensors or suppliers be liable in the aggregate for any damages incurred by you that exceed the amount paid by you to GameAnalytics in the 3 month period immediately preceding the date the cause of action arose.
GameAnalytics reserves the right to discontinue offering the Service or to modify the Service at any time in its sole discretion. If you are dissatisfied with any aspect of the Service at any time, your sole and exclusive remedy is to cease using it. Notwithstanding anything contained in this Agreement to the contrary, GameAnalytics may also, in its sole discretion, terminate or suspend your access to the Service at any time.
Upon any termination of this Agreement, GameAnalytics will cease providing the Service, and you will promptly delete all copies of GameAnalytics’s Services SDK code from your mobile game or games and certify in writing to GameAnalytics as to such deletion within seven (7) business days of such termination.
The formation, construction and interpretation of this Agreement, and your use of the Service, shall be controlled by the laws of Denmark, giving no effect to choice of law provisions. Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the laws of Denmark, and any such dispute shall be settled by the Danish Maritime and Commercial Court (“Sø- og Handelsretten”) in Copenhagen as the accepted venue. If the Danish Maritime and Commercial Court refuse to hear the dispute, it shall be settled by the City Court of Copenhagen. You hereby irrevocably and unconditionally submit to the personal jurisdiction and exclusive venue of these courts.