Upcoming Terms

These Terms and Conditions (together with the Order Forms, Documentation and Data Protection Agreements referenced in them, the Agreement or Terms) govern access to and use of the GameAnalytics platform and all GameAnalytics products and services, whether free or paid. They form a binding agreement between you or the entity you represent (the Customer, you or your) and GameAnalytics Limited. These Terms consist of Part A (General Terms), which applies to every Customer, and Part B (Product Terms), which contains additional terms that apply only where you access or use the relevant Product. Please read them carefully.

PART A. GENERAL TERMS

1. Acceptance of terms

1.1 GameAnalytics Limited, a company registered in England and Wales under number 09214168, which is wholly owned by GameAnalytics ApS (Denmark, CVR 34043221), and its Affiliates as defined in Section 3 (together, GameAnalytics, we, us or our), provides the Services to you. GameAnalytics Limited is the contracting entity.

1.2 You can review the most current version of these Terms and the documents incorporated into them, including the Data Processing Addendum, the Privacy Notice and, where applicable, the Mainland China Addendum and PIPL Privacy Notice, on our website.

1.3 By clicking to accept these Terms, by signing up for or creating an Account, by completing a self-checkout purchase, by activating a Product, Trial or Credential, or, where applicable, by signing an Order Form, you acknowledge that you are bound by these Terms, the Data Protection Agreements, the applicable Order Forms and the Documentation, in each case as of the date of such acceptance or signature. That action creates an electronic signature that has the same legal effect as a handwritten signature. Your continued use of the Services confirms your acceptance.

1.4 If you accept these Terms on behalf of an employer or other entity, you represent and warrant that you have full legal authority to bind that entity, that you have read and understood these Terms, and that you agree to them on that entity's behalf. If you do not have that authority, you must not accept these Terms.

1.5 A single acceptance of these Terms covers every Product. The Product Terms in Part B apply automatically from the moment you access or use the relevant Product, without any further acceptance, and you should read the Product Terms for each Product you use.

2. Structure, Order Forms, precedence and changes

2.1 Part A applies to all Customers and all Services. Part B contains Product Terms for AnalyticsIQ, PipelineIQ, MarketIQ and the Ad Insights API, and transitional terms for User Analysis. Product Terms apply in addition to Part A and only in respect of the Product concerned.

2.2 The parties may conclude order forms for Paid Features, Subscriptions or Services (each, an Order Form). An Order Form identifies the Products ordered, the Usage Allowances, the Subscription Term, any Lock-in Period, the Fees, the billing cycle, any Credits or discounts, any Support Tier and any Specific Terms. Each Order Form has the same legal effect as these Terms and forms an integral part of the Agreement. An Order Form does not need to restate these Terms and may cover any combination of Products.

2.3 In the event of any inconsistency, the order of precedence is: first, the applicable Order Form; second, the Product Terms in Part B for the Product concerned; third, Part A; and fourth, any incorporated documents or policies, including the Pricing Page, the Documentation and the Data Processing Addendum, save that on data protection matters the Data Processing Addendum prevails over these Terms.

2.4 Prior versions. These Terms supersede all previous versions of the GameAnalytics Terms and Conditions and the Ad Insights API Terms of Service from their effective date. Where you have signed an Order Form that refers to a previous version, that previous version continues to govern that Order Form until the end of its then-current Subscription Term, after which these Terms apply to any renewal. All other Customers, including Customers using Free Features and Customers who purchased through self-checkout, are bound by these Terms from the earlier of the effective date and their acceptance through the platform.

2.5 GameAnalytics may update or amend these Terms at any time by posting changes on our website or another location we designate. Material changes will be notified through the GameAnalytics platform by in-dashboard notice, and the updated version will state its effective date. GameAnalytics may also send notice by email at its discretion, without any obligation to do so. Your continued use of any part of the Services after changes take effect constitutes your acceptance. We do not commit to individual prior written notice or a fixed notice period for non-material updates. If you do not accept a material change, your remedy is to stop using the Services and, for paid Subscriptions, to give notice of non-renewal in accordance with Section 6.

3. Definitions

In these Terms, the following terms have the meanings given below. Capitalised terms not defined here have the meaning given in the Data Processing Addendum or the applicable data protection law.

• Account means your account for the Services, created when you register with GameAnalytics, together with the Organization, Studio, Game and User structure within it.
• Ad Insights API  means the GameAnalytics application programming interface that provides programmatic access to Ad Insights data, as described in Part B5.
• Affiliate means in relation to a party, an entity that directly or indirectly controls, is controlled by, or is under common control with that party, where control means an economic or voting interest of at least fifty per cent or the power to direct the management and policies of the entity.
• Credential means an API key, bearer token, OAuth grant, game key, secret key or other credential issued to you or generated within your Account to authenticate access to the Services.
• Credits means a monetary allowance granted by GameAnalytics, including under the Startup Program, that may be applied against Fees for Paid Features as described in Section 5.
• Customer Data means Game Data and any other data that you or your Players submit to the Services, excluding data that GameAnalytics generates, compiles or licenses from third parties, such as MarketIQ content and Ad Insights data.
• Documentation means the proprietary documentation made available for use with the Services, whether online or otherwise.
• Downloaded Data means reports, analytics outputs, datasets and other content obtained from the Services by download, export, API call or similar means, as described in Section 9.
• Fees means the amounts payable for Paid Features, Subscriptions and usage, as set out on the Pricing Page, at self-checkout or in an Order Form.
• Free Features means features made available without charge, which may be modified, suspended or discontinued at any time without liability and may be subject to Usage Allowances.
• Game and Game Data means a game linked to an Account that uses the SDK or collection API; and the event and player data collected through the SDK or collection API and processed by the Services for analytics and related purposes.
• Lock-in Period means a minimum commitment period stated at checkout or in an Order Form during which a Subscription may not be terminated for convenience.
• Paid Features means premium, subscription-based, usage-based or enterprise features available through the platform, whether purchased by self-checkout or Order Form, as described on the Pricing Page.
• Player means an end user of your Game.
• Pricing Page means the GameAnalytics pricing page, as updated from time to time.
• Product means each of AnalyticsIQ, PipelineIQ, MarketIQ and the Ad Insights API, together with any further product family that GameAnalytics designates as a Product, and Product Terms means the terms in Part B applicable to a Product.
• SDK  means the GameAnalytics software development kits and collection API used to transmit event data from your Games, together with any updates and upgrades.
• Seat means a named user licence for a Product or feature that is licensed on a per-user basis, as described in Section 7.
• Services means the GameAnalytics platform and the Products, together with the SDK, application programming interfaces, AI-powered features, Documentation and related services, whether Free Features or Paid Features.
• Specific Terms means terms set out in an Order Form that vary or supplement these Terms for that Order Form only.
• Startup Program means the GameAnalytics programme for eligible early-stage studios, as described on the Pricing Page and in the Documentation.
• Subscription means a paid entitlement to a Product or Paid Feature for a Subscription Term, and Subscription Term means the initial term and each renewal term of a Subscription.
• Support Tier means the level of customer support applicable to you, as described in Section 16.
• Trial means a time-limited evaluation of a Paid Feature or Product made available at GameAnalytics discretion, subject to Section 5.
• Usage Allowance means any quantitative limit applicable to the Services or a Product, including limits on events, monthly active users, Games, Seats, users, custom event fields, API calls, rate limits, query volume, data volume and look-back periods, as stated in the Documentation, on the Pricing Page, at checkout or in an Order Form.

4. The Services

4.1 GameAnalytics provides developers with analytics and data management services through the platform, including data visualisation, player segmentation, experimentation, live configuration, data pipelines, application programming interfaces, market and creative intelligence and AI-powered features. The Services are organised into Products, each of which may include Free Features and Paid Features. The current composition of each Product is described on the Pricing Page and in the Documentation and may change over time.

4.2 The Services, the SDK and the website are provided on an as-is basis. GameAnalytics assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications, settings or data, except as expressly stated in these Terms or an Order Form. You are responsible for obtaining and managing access to the Services.

4.3 GameAnalytics may add, modify, rename, reorganise or discontinue features or Products, and may move a feature between Products or between Free Features and Paid Features, provided that a feature you have paid for under a current Subscription Term is not removed from that Subscription during that term without a materially equivalent replacement or a pro rata refund.

5. Fees, plans, trials, credits and discounts

5.1 Purchase channels. Paid Features may be purchased by self-checkout on the Pricing Page, where a Product is offered in that way, or under an Order Form. Self-checkout purchases are governed by these Terms and the plan details displayed at checkout. Order Form purchases are governed by these Terms and the Order Form.

5.2 Usage Allowances. Free Features and Paid Features are subject to Usage Allowances and to technical and operational limits designed to protect the stability, integrity and performance of the platform. Usage Allowances are stated in the Documentation, on the Pricing Page, at checkout or in an Order Form.

5.3 Enforcement of limits. GameAnalytics may adjust, modify or enforce Usage Allowances and operational limits, and may suspend, limit or throttle access, temporarily or permanently, where your usage materially exceeds an applicable limit, disrupts performance, or creates a security or operational risk. Such action may be taken with or without prior notice and without liability. On reaching or exceeding a limit, GameAnalytics may require activation of a paid plan, purchase of additional capacity or an Order Form to continue, and may restrict access until the matter is resolved. GameAnalytics will cooperate in good faith to avoid unnecessary disruption and may propose migration to an appropriate tier.

5.4 Currency, taxes and pricing. Fees are stated and payable in United States dollars unless the Pricing Page, checkout or an Order Form specifies another currency, and are exclusive of taxes, which you are responsible for paying, save for taxes on GameAnalytics own income. Pricing and terms are set out on the Pricing Page for self-checkout, or in an executed Order Form for direct sales. In the event of any discrepancy between the Pricing Page and an Order Form, the Order Form prevails. GameAnalytics may modify pricing, features or Usage Allowances, with prior notice as set out in these Terms, provided that fee changes do not apply retroactively to a fixed-term Subscription already paid for.

5.5 Third-party infrastructure and usage-based costs. Where you use features that consume third-party infrastructure billed by volume, including data warehouse query usage on Google BigQuery under PipelineIQ, you bear full responsibility for all costs generated by that usage, calculated by reference to the volume processed in accordance with the provider's pricing as published on the Pricing Page or in the Order Form. Each invoice itemises these costs. It is your responsibility to monitor and manage your usage to control expenditure, and GameAnalytics may set usage caps or require prepayment where usage is unusually high.

5.6 Non-refundable fees. Except where required by law or expressly agreed in writing, all Fees, including Subscription Fees, activation fees, per-call charges and usage-based costs, are non-refundable, including where the Services are unused or underutilised or where usage is reduced. GameAnalytics is not liable to refund Fees except in cases of wilful misconduct or fraud. Questions about Fees or refunds may be sent to support@gameanalytics.com.

5.7 Trials. GameAnalytics may offer a Trial for a Product or Paid Feature, the scope, duration and Usage Allowance of which are set at the time access is granted. Each Trial has its own duration and Usage Allowance, which run independently of any other Trial or Subscription. Unless otherwise stated at activation or in an Order Form, a self-checkout Trial converts automatically into a paid Subscription under the applicable plan at the end of the Trial unless cancelled before it ends, and a Trial granted under an Order Form or without payment details ends automatically at the end of the Trial without conversion. Where conversion applies, you may be required to provide valid payment details, which are collected and processed by a third-party payment provider; GameAnalytics does not collect or store card details, and you will be charged for the first Subscription period on conclusion of the Trial unless you cancel before it expires. Trials are provided as-is, without warranty and without any service-level commitment, and no refunds or credits are given for partial use or failure to cancel. GameAnalytics may modify, cancel or terminate a Trial or trial programme at any time without notice.

5.8 Discounts. GameAnalytics may, in its sole discretion, apply a variable discount to the Services, including after a Trial or as a cross-product discount for Customers holding more than one Subscription. GameAnalytics may change or cancel any discount at any time without further notice, and any change is reflected in the subsequent invoice at the agreed rate. Discounts apply only for the period specified and do not extend beyond the defined promotional period unless otherwise agreed in an Order Form.

5.9 Credits. Credits, including Credits granted under the Startup Program, may be applied only against Fees for the Products or Paid Features designated by GameAnalytics, are personal to your Account, have no cash value, are non-transferable and non-refundable, are not payable in cash on expiry or termination, and expire on the date stated at the time of grant or, where no date is stated, twelve months after grant. Credits are applied before any invoice is raised and any Fees exceeding the available Credits are invoiced. Eligibility for the Startup Program is determined by GameAnalytics, and Credits may be withdrawn where eligibility conditions are not or are no longer met or where the Account is used in breach of these Terms.

5.10 Billing. Paid Features are billed on the cycle stated in the Order Form or at self-checkout. Monthly Subscriptions are billed by reference to the preceding period; annual Subscriptions are billed in advance for the applicable term; usage-based charges are billed in arrears. Invoices are issued electronically and are payable within thirty days of the invoice date unless otherwise agreed. It is your responsibility to keep billing and contact information current. GameAnalytics may charge interest on overdue amounts at four per cent per annum above the Bank of England base rate from the due date until payment.

5.11 Late payment and suspension. If a payment is late or a payment method is rejected, GameAnalytics may suspend access to Paid Features, and to any Credential associated with them, until payment is received in full. Data generated during suspension may not be retrievable, and the Subscription Term continues to run during suspension.

5.12 Inactivity. An Account is inactive where it has no active Subscription and there has been no login or meaningful interaction with it for twelve consecutive months. GameAnalytics will notify the Account administrator by email thirty days before the end of that period. Unless the Account is reactivated within those thirty days, GameAnalytics may close the Account and delete the related Account data, including Game Data, to comply with its data retention policies and to protect platform stability. Section 5.3 applies to usage that exceeds applicable limits. GameAnalytics has no liability for loss of data or access resulting from inactivity.

6. Subscription term, renewal and lock-in

6.1 Term. Each Subscription commences on the start date stated at checkout or in the Order Form and continues for the initial Subscription Term stated there. Where no term is stated, monthly Subscriptions run for one month and annual Subscriptions for twelve months.

6.2 Renewal. Unless otherwise stated at checkout or in an Order Form, Subscriptions renew automatically for successive terms equal to the initial Subscription Term at the then-current rates, unless cancelled. You may prevent renewal by cancelling through the platform, where that function is available, or by giving written notice of non-renewal at least thirty days before the renewal date. GameAnalytics may prevent renewal by giving you written notice at least thirty days before the renewal date.

6.3 Lock-in Period. A Subscription may include a Lock-in Period, disclosed at checkout or in the Order Form. During a Lock-in Period you may not terminate the Subscription for convenience, and if you stop using the Services or purport to terminate, the Fees for the remainder of the Lock-in Period become immediately due. Where an Order Form provides for a free access period before the Lock-in Period starts, the free access period, any cancellation right during it and the commitment that follows are as stated in the Order Form.

6.4 Upgrades, downgrades and replacement. You may upgrade a Subscription at any time, and the additional Fees apply pro rata for the remainder of the current billing period. Downgrades and reductions in Usage Allowances take effect at the next renewal date unless an Order Form states otherwise. Where a new Order Form or self-checkout purchase replaces an existing Subscription for the same Product, the existing Subscription ends on the start date of the new one and no double billing arises, unless the Order Form provides otherwise.

6.5 Fixed-term tests. Where an Order Form states that a Subscription is a test, pilot or fixed-term engagement without renewal, that Subscription ends automatically at the end of the stated term, does not renew and does not convert into any other Subscription, and access is disabled at the end of the term unless a new Order Form is executed.

7. Account, Seats, Credentials and security

7.1 To register, you must provide current, complete and accurate information, whether through the platform, self-checkout or a sales-assisted process. You represent that you are of legal age to form a binding contract.

7.2 Seats. Where a Product or feature is licensed by Seats, each Seat may be used by one named individual at a time. Seats may be reassigned to another individual within your Organization where the original user no longer requires access, but may not be shared between individuals or used concurrently by more than one person. Where Seats are sold in packages, the package size stated on the Pricing Page or in the Order Form applies. GameAnalytics may audit Seat usage through platform records and may invoice for Seats used in excess of the number purchased at the then-current rate.

7.3 Credentials. You must protect the confidentiality of your Credentials, including game keys, secret keys, API keys and tokens, and are responsible for all activity conducted under them, including activity by your personnel and by any system or tool that you connect to the Services. You must rotate or revoke a Credential where compromise is suspected and must notify GameAnalytics immediately of any unauthorised use of your Account or a Credential, or any other security breach relating to your Account. GameAnalytics may expire, rotate or revoke Credentials for security, operational or compliance reasons, and will use reasonable efforts to provide advance notice where practicable.

7.4 Support access. From time to time, GameAnalytics support personnel may log in under your username solely for maintenance, troubleshooting, or technical and billing support. Such access is limited, logged and performed under our internal security and privacy procedures, and you consent to it.

8. Licence and acceptable use

8.1 Subject to these Terms, GameAnalytics grants you a limited, revocable, non-exclusive, non-transferable licence, without the right to sublicense, during the term of the Agreement, to install, copy and use the SDK and other integration components solely as necessary to use the Services for Games you own and control, and to access, view and download the reports and data made available to you through the Services. Your licence is conditional on your continued compliance with these Terms, applicable Usage Allowances, and payment of Fees for Paid Features. Open-source components of the SDK and of any self-hosted tool are licensed under their applicable open-source terms.

8.2 You will not, and will not allow any third party to: copy, modify or create derivative works of the website, the Services or the Documentation; reverse engineer or attempt to discover source code except to the extent the law prohibits that restriction; use any automated means to scrape, copy, crawl or monitor the Services other than through interfaces we make available for that purpose; rent, sublicense, lease, sell, assign or otherwise transfer rights in the SDK, the Services or any information acquired from them; remove proprietary notices; introduce anything that interferes with the operation of the Services; transmit Special Category Personal Data or directly identifying data through custom fields; attempt to re-identify individuals from pseudonymous data; exceed, circumvent or interfere with any Usage Allowance, rate limit, authentication or other technical control, including by using a request for assistance under the Data Processing Addendum to obtain data, export or retention that is not included in your plan; or use the Services or any data obtained from them to build, train, improve or operate a product or service that competes with any Product. You will use the Services for your own internal business purposes and will not make the Services or their outputs available for resale, time-sharing, or as part of a service-bureau or managed-service offering.

8.3 Limited third-party access. You may, at your own risk, provide limited access to the reporting or dashboard functions of the Services to a third party for legitimate internal business purposes, for example to publishers, studios or investors involved with your Games, provided you do not charge a fee for that access, that any Seat or user limits are respected, and that you remain fully responsible for that third party's use. Any misuse or breach by such a third party is deemed a breach by you.

8.4 Configuration and children. You must keep your SDK integration reasonably up to date and configure the Services in accordance with the Documentation, including where a Game is directed to children. The licence and your right of use terminate immediately on a failure to comply with these Terms, and Section 20 applies.

9. Confidentiality, publicity and Downloaded Data

9.1 Confidential information. Confidential Information means proprietary or non-public information disclosed by one party to the other that is identified as confidential or should reasonably be understood to be confidential, including the terms of any Order Form, pricing, product roadmaps, security documentation, Usage Allowances communicated by GameAnalytics, and non-public performance data. It excludes information that is or becomes public other than through breach, was already lawfully known to the recipient, or is independently developed without use of the disclosing party's Confidential Information.

9.2 Use and disclosure. Neither party will use or disclose the other's Confidential Information except to perform under these Terms or as required by law, in which case the compelled party gives as much notice as reasonably practicable. Each party may disclose on a need-to-know basis to its Affiliates and to its personnel, contractors, advisers and potential investors or acquirers who are bound by confidentiality obligations no less protective than these.

9.3 Publicity. Unless a signed confidentiality agreement expressly provides that the cooperative relationship is confidential, you consent to GameAnalytics disclosing the existence of the relationship and using your name, logo and marks in its publicity and marketing, including its customer listings and marketing materials. Any case study, quote, or detailed description of your results requires your prior written approval. If you object, you may notify GameAnalytics at support@gameanalytics.com and GameAnalytics will remove the related information within five business days.

9.4 Downloaded Data. Downloaded Data is confidential and proprietary to the extent it comprises GameAnalytics-generated content, benchmarks, market or creative intelligence, or the structure, selection and arrangement of data. You may use Downloaded Data solely for your internal business purposes; must keep it confidential; must not resell, distribute, publish, reproduce or otherwise make it available to any third party, whether for commercial or non-commercial purposes, without prior written consent; and must not disclose or make public any portion of it without consent. Nothing in this Section restricts your use of your own Customer Data exported from the Services. All intellectual property rights in Downloaded Data other than Customer Data remain with GameAnalytics or its licensors, and nothing grants you ownership of it. On a breach of this Section, GameAnalytics may seek injunctive relief, damages or other remedies and may suspend or terminate access. This Section survives termination or expiry.

10. Data usage and protection

10.1 The Data Processing Addendum, and where applicable the Mainland China Addendum and the Standard Contractual Clauses, are incorporated into these Terms and available on our website. In the event of any conflict between the Data Processing Addendum and these Terms on data protection matters, the Data Processing Addendum prevails.

10.2 You are the controller of the Player data processed through the Services, and GameAnalytics is your processor on the terms of the Data Processing Addendum. You will comply with your obligations under applicable data protection law, including ensuring a lawful basis for the collection, transfer and use of data through the Services, providing all required notices to Players, obtaining any required consents, including consent for the storage of or access to information on a Player's device and for any advertising identifiers, and applying appropriate security measures. You must not circumvent any privacy feature of the Services or, by act or omission, cause GameAnalytics to breach applicable data protection law. Where you instruct GameAnalytics to assist with a Player request under the Data Processing Addendum, you warrant that the instruction corresponds to a request actually received from that Player. You must not use that assistance, or any data obtained through it, for any other purpose, including to replicate the export functionality of PipelineIQ or to retain Player data beyond the retention periods applicable to your plan. Where GameAnalytics reasonably determines that assistance has been used for another purpose, GameAnalytics may charge for it at the Fees for the equivalent export functionality published on the Pricing Page, and Sections 5.3 and 20.3 apply.

10.3 Controller processing by GameAnalytics. GameAnalytics processes personal data relating to your authorised users as an independent controller for account administration, authentication, billing, security, service improvement and communications, including account and Credential identifiers, OAuth grants, authentication tokens and server-side logs such as internet protocol addresses, request metadata and usage records associated with Credentials and application programming interfaces. That processing is described in and governed by the Privacy Notice and not by the Data Processing Addendum.

10.4 Children. You are responsible for determining whether any Game is directed to, or likely to be accessed by, children, and for configuring the Services accordingly. Where a Game is child-directed, you must not enable the collection or use of identifiers for advertising or profiling that is not permitted for such Games, and you must not use user-level features in a manner that is not permitted for such Games.

10.5 GameAnalytics data rights. You grant GameAnalytics a worldwide, non-exclusive, royalty-free licence to use Customer Data to provide, operate, secure, maintain and improve the Services and infrastructure, and to enforce these Terms, in each case in compliance with applicable data protection law and the Data Processing Addendum.

10.6 Aggregated and de-identified data. GameAnalytics may compile aggregated and de-identified data that cannot reasonably be used to identify you, any Player or any other individual, and may use that aggregated and de-identified data for benchmarking, research, reporting, and to develop, train and optimise models and generate estimated product-performance insights within the Services and future services. For the avoidance of doubt, GameAnalytics does not use identifiable Customer or Player data to train third-party foundation models, as further described in the Data Processing Addendum.

11. AI-powered features

11.1 The Services include AI-powered features, including the in-tool AI Agent, which answers questions about your game data, documentation assistants, and features made available under AI Labs. These features generate outputs by automated means and are, where indicated, early access or beta features under active development.

11.2 Outputs are provided for informational purposes only and may be inaccurate, incomplete or not up to date. You must independently verify any output before relying on it, and you are solely responsible for decisions you take based on outputs. GameAnalytics gives no warranty that outputs are accurate, complete, fit for a particular purpose or free from error, and the disclaimers in Section 17 apply to them.

11.3 You must not use the AI-powered features to attempt to re-identify individuals, to generate unlawful content, or in any way that breaches these Terms. The AI Agent processes your game data through a managed model provider that does not use that data to train foundation models, as described in the Data Processing Addendum.

11.4 The Documentation Helper is provided by a third party and made available for convenience. Your use of it is subject to that third party's terms, and GameAnalytics is not responsible for its outputs.

11.5 Beta, early access and Labs features, including features made available under AI Labs, may be modified, suspended or withdrawn at any time, are provided without warranty or service-level commitment, and may be subject to additional programme terms presented at enrolment.

12. Customer-enabled integrations, Model Context Protocol servers and data egress

12.1 GameAnalytics offers integrations that let you connect GameAnalytics data or documentation to tools of your own choosing, including Model Context Protocol servers. These include a GameAnalytics-hosted documentation server, a self-hosted open-source server that you operate to connect the Metrics API to your own tools, and a GameAnalytics-hosted server with authenticated, role-scoped access, as described in Part B3. Open-source components are provided under their applicable open-source licences.

12.2 Customer-controlled tools. Where you connect the Services to a third-party artificial intelligence client, model, agent or other tool, you select, configure and control that tool. Any data delivered to that tool, including data retained in that tool's conversation history or storage, is under your control and the control of that tool's provider from the moment of delivery, and remains there after your access to the Services or the relevant Credential is revoked. GameAnalytics gives no warranty in respect of any third-party tool, model or client, and your use of it is at your own risk and subject to that third party's terms.

12.3 Delegated access. Where you authorise a third-party tool to access the Services on your behalf, including by OAuth grant, that authorisation confers no permissions beyond those of the authorising user, and GameAnalytics validates the user's permissions on each request. Revoking the grant withdraws the tool's ability to make further requests but does not affect data already delivered.

12.4 Boundary of responsibility. Where you use a self-hosted server, or otherwise export or connect data to a destination or tool of your own choosing, including your own cloud storage through Data Export and any third-party artificial intelligence tool or client, the responsibility of GameAnalytics as processor ends when the data is delivered to or accessed by that destination or tool. From that point you are the controller of the onward processing and are solely responsible for its lawfulness, security and governance, including your selection and configuration of any third-party tool.

13. Published content, data sharing and transfers

13.1 Published embeds. The Services allow you to publish widgets or dashboards as public embeds. You are responsible for the content you publish and confirm that public embeds do not contain Personal Data or confidential information you are not entitled to disclose. Published embeds may display a GameAnalytics attribution, and GameAnalytics may cease to serve an embed that breaches these Terms.

13.2 Sharing and transfers. Game Data Sharing and Game Transfer allow you to share data with, or transfer a Game and its associated data to, another Organization. Where you do so, you instruct GameAnalytics to facilitate that sharing or transfer, and the receiving Organization independently becomes responsible as a controller for its own processing. You are responsible for having the necessary rights and lawful basis to share or transfer the data, and GameAnalytics is not responsible for the receiving Organization's processing.

14. Third parties

14.1 If you provide access to your Account to a third party, or use the Services to collect information on behalf of a third party, this Section applies. You represent and warrant that you are authorised to act on behalf of, and to bind, that third party, and that as between you and that third party, the third party owns the Game Data in the relevant Accounts.

14.2 You will ensure that each such third party complies with these Terms as if it were a party in your place. You will treat as confidential, and will not disclose, share or export, any Game Data, Player data or analytics results belonging to that third party, except as necessary to provide the agreed services to it and in compliance with applicable data protection law.

15. Intellectual property and third-party content

15.1 GameAnalytics and its licensors own all right, title and interest, including all intellectual property rights and database rights, in the Services, the SDK, the Documentation, MarketIQ content, Ad Insights data and all related materials, and any derivative works or enhancements, excluding your Customer Data. All rights not expressly granted are reserved.

15.2 You must not, and must not permit any third party to: use the trademarks, trade names, logos, domain names or other brand features of GameAnalytics associated with the Services without its prior written consent; register or attempt to register any such mark; or remove, obscure or alter any proprietary notice appearing in or on the Services.

15.3 Third-party and market content. When you access features that display or analyse third-party materials, including MarketIQ, advertising creatives, or publicly sourced content, you acknowledge that such materials may originate from publicly available sources and that ownership remains with the original rights holders. Such materials are provided solely for informational, analytical or benchmarking purposes and must not be used for commercial exploitation, redistribution or any unlawful activity. GameAnalytics does not control, verify or endorse third-party content, and you are solely responsible for evaluating its authenticity, legality and accuracy and assume all associated risk.

15.4 Your own materials. The Services may display or analyse advertising materials, creatives or metadata originating from your own applications or campaigns, and may allow you to upload images, videos or other materials for analysis. You warrant that you have the rights necessary to upload any such materials, and GameAnalytics has no liability for the display, analysis or incidental use of such materials within the Services, provided that use occurs for legitimate product functionality and in accordance with applicable law.

15.5 Feedback. If you provide feedback or suggestions, you grant GameAnalytics a perpetual, irrevocable, royalty-free licence to use them without restriction.

16. Support and service levels

16.1 GameAnalytics provides documentation and email support to all Customers. Additional Support Tiers, including premium onboarding, a named account manager and a dedicated shared channel, are available as stated on the Pricing Page or in an Order Form and may be conditioned on minimum contract value.

16.2 Free Features and Trials are provided without any service-level commitment. Any availability or service-level commitment for Paid Features applies only if, and to the extent, expressly stated in an Order Form, and the remedy for any failure to meet it is limited to the remedy stated there.

17. Disclaimer of warranties

17.1 GameAnalytics may make changes to the Services at any time, with or without notice. Except as expressly stated in an applicable Order Form or written agreement for Paid Features, the Services, the SDK, the website and the reports and data relating to Games or the market are provided on an as-is and as-available basis, with all faults. GameAnalytics makes no representations or warranties of any kind, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy and non-infringement.

17.2 Without limiting the foregoing, GameAnalytics does not warrant that use of the Services will meet your requirements or be uninterrupted, secure or error-free; that defects will be corrected; that the Services are free of harmful components; that information available through the Services, including reports, market estimates and artificial intelligence outputs, will be correct, accurate, timely or reliable; or that any report, estimate or insight, including automated or predictive output, is a guarantee of future performance.

18. Limitation of liability

18.1 Nothing in these Terms excludes or limits either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for breach of any implied term as to title or quiet enjoyment, for misuse of confidential information, or for any liability that cannot be limited by law.

18.2 Nothing in these Terms excludes or limits either party's liability for breach of Section 9 (Confidentiality, publicity and Downloaded Data), of the acceptable use, database rights or no-warehousing provisions of Section 8 and Part B, or for infringement of the other party's intellectual property rights.

18.3 Subject to clauses 18.1 and 18.2, neither party is liable, whether in contract, tort including negligence, or otherwise, for loss of revenue, profit, contracts, business, goodwill or reputation, loss or corruption of data, anticipated savings or cost of substitute services, or for any special, indirect or consequential loss, even if foreseeable. GameAnalytics is not responsible for unauthorised access to or alteration of your Customer Data, and has no liability for any failure or delay in the Services caused by outages of public internet infrastructure, failures of your equipment or local access services, third-party tools you connect to the Services, or previously scheduled maintenance.

18.4 Subject to clauses 18.1 and 18.2, the total aggregate liability of GameAnalytics arising out of or in connection with the Agreement, including the Data Processing Addendum and every Order Form, is limited as follows: for Free Features and Trials, to one hundred United States dollars; and for Paid Features, to the total Fees paid by you for the affected Product in the twelve months preceding the event giving rise to the liability. This limit is a single aggregate limit across these Terms, all Order Forms and the Data Processing Addendum together, and is not increased by the number of Products, Order Forms or claims.

18.5 When accessing features that display or aggregate third-party information or content, including MarketIQ and the Ad Insights API, you may encounter materials sourced from third parties that GameAnalytics does not control, verify or endorse, and you are solely responsible for evaluating and relying on them at your own risk.

19. Indemnification

19.1 You will indemnify GameAnalytics and its Affiliates, officers, employees and partners against any loss, liability or reasonable cost arising out of: your violation of any applicable law in connection with your use of the Services; your breach of these Terms, including Section 8 (acceptable use), Section 9 (Downloaded Data), Section 10 (data and privacy), Section 12 (data egress), Section 13 (published content, sharing and transfers) and the Product Terms, or a breach by any third party to whom you provide access; any personal data you submit to the Services in breach of these Terms; or any claim by such a third party in connection with its access to your Account or the Services.

19.2 GameAnalytics will indemnify you against third-party claims that the Services, used in accordance with these Terms, infringe that third party's intellectual property rights, subject to Section 18 and to your promptly notifying GameAnalytics and allowing it to control the defence. This indemnity does not apply to claims arising from third-party content, Customer Data, your materials, or your combination of the Services with tools not supplied by GameAnalytics.

20. Term, suspension and termination

20.1 The Agreement commences on the effective date of your acceptance and continues until terminated. Each Subscription has the Subscription Term and renewal conditions set out in Section 6. Free-tier access continues until terminated by either party.

20.2 Either party may terminate for material breach that is not cured within thirty days of notice, or immediately if the other party becomes insolvent, is liquidated or dissolved, makes an assignment for the benefit of creditors, or ceases to conduct business.

20.3 Termination for convenience and suspension. GameAnalytics may terminate the Agreement or any Subscription for convenience on thirty days written notice by email, without demonstrating cause. GameAnalytics may also immediately suspend or disable access, in whole or in respect of a Product or Credential, where it believes in good faith that your conduct or failure to act may pose a security risk or adversely affect the Services or other users; exceeds or circumvents a Usage Allowance or technical control; enables tampering with or circumvention of technical protections; subjects GameAnalytics or others to liability; or exposes the Services or any data to appropriation, replication or use by competitors in a manner that could diminish the competitive advantage of GameAnalytics or its licensors. GameAnalytics will use reasonable efforts to notify you unless prohibited by law or where notice would compromise the integrity or security of the Services.

20.4 Where GameAnalytics terminates an annual or multi-term Subscription for convenience, any prepaid, unused portion is refunded pro rata unless otherwise agreed.

20.5 Consequences. On termination or expiry: GameAnalytics ceases providing the Services, and you delete all copies of the SDK in your possession and certify deletion within three business days; all amounts owed for Services rendered up to termination, and any remaining committed Fees including Lock-in Period payments, become immediately due and survive; access to your Account, Credentials and historical report data is disabled; and any deletion obligations in the Product Terms apply. You may export your Customer Data using the functionality of the Services included in your plan before termination. GameAnalytics is not obliged to provide any other extraction, format or delivery of Customer Data on termination, and any such service is separately chargeable as set out in the Data Processing Addendum. GameAnalytics handles Player data on termination in accordance with the Data Processing Addendum. Provisions that by their nature survive, including those on intellectual property, confidentiality, Downloaded Data, database rights, no warehousing, liability and indemnity, continue in effect.

21. Governing law and dispute resolution

21.1 These Terms are governed by the laws of England and Wales, without regard to conflict-of-laws principles, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. This is without prejudice to the governing law and forum specified for the Standard Contractual Clauses in the Data Processing Addendum, which are governed by, and subject to the courts of, Denmark to the extent they apply to transfers subject to the EU General Data Protection Regulation.

21.2 All disputes arising out of or in connection with the Agreement are finally settled under the Rules of Arbitration of the International Chamber of Commerce by a single arbitrator appointed in accordance with those Rules, seated in London, with the arbitration conducted in English. The award is final and binding. The prevailing party is entitled to recover from the non-prevailing party its reasonable costs and expenses related to the arbitration, including reasonable legal fees and arbitration costs.

21.3 Notwithstanding clause 21.2, GameAnalytics may seek injunctive or other urgent relief in any court of competent jurisdiction.

22. General

22.1 Assignment. You may not assign or transfer the Agreement without the prior written consent of GameAnalytics, not to be unreasonably withheld. GameAnalytics may assign or transfer the Agreement, in whole or in part, without your consent, to an Affiliate or in connection with a merger, acquisition, reorganisation or sale of substantially all of its assets. The Agreement binds and benefits the parties' successors and permitted assigns.

22.2 Entire agreement. The Agreement, together with the documents and policies incorporated by reference, including the Data Processing Addendum, the Privacy Notice, the Pricing Page, the Documentation and any Order Form, is the entire agreement between the parties on its subject matter and supersedes prior arrangements. The order of precedence is as set out in Section 2.

22.3 Interpretation. The words including and includes mean including without limitation; references to a law or agreement are to it as amended from time to time; references to a person include its successors and assigns; and headings are for reference only.

22.4 Third parties, force majeure, severance and waiver. Except as expressly stated, a person who is not a party has no right to enforce these Terms. Neither party is liable for a failure or delay caused by an event beyond its reasonable control. If a provision is found unenforceable, the remainder continues in effect, and a failure to enforce a provision is not a waiver of it.

22.5 Notices. GameAnalytics may give notice through the Services or by email to your Account administrator. You may give notice to GameAnalytics using the contact details published on our website. It is your responsibility to keep your Account contact information current.

PART B. PRODUCT TERMS

The following Product Terms apply in addition to Part A where you access or use the relevant Product. Where a Product includes both Free Features and Paid Features, the Product Terms apply to both unless stated otherwise. Capitalised terms have the meaning given in Part A.

B1. AnalyticsIQ

B1.1 Scope. AnalyticsIQ comprises dashboards, real-time monitoring, funnels, cohorts, retention, explore and health tools, custom events, user segments, A/B testing, remote configuration and related live operations tools, and related reporting, together with the Paid Features described on the Pricing Page as AnalyticsIQ Pro.

B1.2 Purchase. AnalyticsIQ Pro is offered by self-checkout on the Pricing Page and is governed by these Terms and the plan details displayed at checkout.

B1.3 Usage Allowances. Event volume, custom event and dimension limits, look-back periods and portfolio limits apply as stated in the Documentation. Where a Game exceeds an applicable limit, Section 5.3 applies.

B1.4 Reporting and sharing. Scheduled reports are delivered to email addresses you designate, and you are responsible for the recipients you designate. Dashboards shared across Games within your Organization remain subject to the Seat and user limits of your plan.

B1.5 Experiments and configuration. You determine the design, targeting and content of any experiment or remote configuration, and are solely responsible for its effect on your Players and for compliance with platform, store and consumer protection requirements. GameAnalytics provides the tooling only.

B2. User Analysis (discontinued)

B2.1 Discontinuation. User Analysis comprises the user-level features previously offered as a Paid Feature, including analysis at the level of individual pseudonymous Players, path analysis and user lookup. GameAnalytics no longer offers User Analysis to new Customers. User Analysis remains available to existing Customers until the date notified to them by GameAnalytics (the User Analysis End Date), after which it is permanently withdrawn. This Part B2 applies to any use of User Analysis until that date, and Section 4.3 applies to Fees paid in advance for any period after it.

B2.2 User-level features. User Analysis exposes analysis at the level of individual pseudonymous Players. You may use these features solely for internal analysis and live operation of your own Games. You must not use them to attempt to identify a Player, to combine outputs with other data for the purpose of identification, to export user-level data to a third party who is not entitled to receive it, or for any purpose that requires a lawful basis or consent you do not hold.

B2.3 Child-directed Games. For a Game configured as directed to children, user-level features may be used only to support the internal operations of that Game and must not be used for behavioural profiling or advertising purposes. GameAnalytics may restrict user-level features for Games so configured.

B2.4 Data. Customer Personal Data processed solely for User Analysis is deleted within thirty days after the User Analysis End Date, in accordance with the Data Processing Addendum.

B3. PipelineIQ

B3.1 Scope. PipelineIQ comprises custom event fields, the Data Warehouse, Data Export, the Metrics API, the Organization API, Game Data Sharing and the Model Context Protocol server, as described on the Pricing Page and in the Documentation. Where GameAnalytics makes any of these features available under another Product or plan, or replaces the Metrics API and the Organization API with a unified interface, this Part B3 continues to apply to that feature or interface.

B3.2 Data Warehouse. The Data Warehouse feeds player-level and aggregated data into a managed Google BigQuery instance provisioned by GameAnalytics. Query costs are charged to you under Section 5.5 at the rate stated on the Pricing Page or in the Order Form. GameAnalytics may set query quotas, may notify you of unusual usage and may throttle or suspend queries where costs are unpaid or usage threatens the platform. Data retained in the Data Warehouse is subject to the retention periods in the Data Processing Addendum.

B3.3 Data Export. Data Export delivers raw, player-level data to a cloud storage bucket that you designate and control. You are responsible for the security, configuration, access controls and costs of that bucket and of any credentials you provide to GameAnalytics for delivery. Section 12.4 applies from the moment data is written to your bucket. Data Export is available only under a Subscription that includes it. The assistance mechanism for Player requests in the Data Processing Addendum is not a substitute for Data Export and does not provide bulk or historical access to Player data.

B3.4 Metrics API and Organization API. GameAnalytics issues Credentials for the Metrics API and the Organization API tied to your Account. You may use these interfaces solely for your internal business purposes, including internal dashboards and reporting and the management of your own Games, Studios and users, within the applicable rate limits and Usage Allowances. You must not use them to build a service for third parties, to redistribute data, or to circumvent the Seat or user limits of any Product.

B3.5 Game Data Sharing. Where a partner studio shares Game Data with you, or you share Game Data with a partner, Section 13.2 applies, and each party is responsible for its own processing of the shared data.

B3.6 Model Context Protocol server. The self-hosted server is open-source software that you run in your own environment; GameAnalytics provides no support or warranty for it beyond its published documentation. The GameAnalytics-hosted server uses a third-party identity provider for authentication, validates your permissions on every request, returns the data that the authenticated user is entitled to see, and logs the time, user, Organization, tool, Game, outcome and volume of each request, without logging response content, for security and support purposes as described in the Privacy Notice. Section 12 applies to any artificial intelligence client you connect.

B4. MarketIQ

B4.1 Scope. MarketIQ comprises store intelligence, made available as a Free Feature, and the Paid Features described on the Pricing Page as MarketIQ Pro, currently comprising Ad Insights, including ad distribution, creative insights, image and video search, similar audience apps, app comparison, download and revenue data, integrated SDK data and top promoted apps.

B4.2 Seats. MarketIQ Pro is licensed by Seat. The number of Seats included in a Subscription and the Fee for additional Seats are stated on the Pricing Page or in the Order Form, and Section 7.2 applies.

B4.3 Nature of the content. MarketIQ content comprises estimates, market and creative intelligence compiled by GameAnalytics and its data partners from sources across the ecosystem. It is not intended to contain information relating to identified or identifiable individuals, comprises estimates that may differ from actual figures, and must not be relied on as a guarantee of any outcome. Sections 15.3 and 17 apply.

B4.4 Permitted use. You may access and use MarketIQ content, and download it where the interface permits, solely for your internal business analysis. You must not resell, sublicense, publish, broadcast or otherwise make MarketIQ content available to any third party, use it to build a competing product or dataset, or extract or re-utilise all or a substantial part of it, whether by systematic downloading, automation or otherwise. Section 9.4 applies to all MarketIQ Downloaded Data.

B4.5 No programmatic access. A MarketIQ Pro Subscription does not include access to the Ad Insights API. You must not use the MarketIQ user interface, download functions or any other Service to obtain, replicate or approximate the programmatic access or data volume made available through the Ad Insights API, or otherwise to circumvent its separate entitlement and pricing.

B4.6 Uploaded materials. Where you upload an image, video or other material for analysis, Section 15.4 applies.

B5. Ad Insights API

B5.1 Scope and definitions. The Ad Insights API provides programmatic access to Ad Insights data (API Data) for integration into your own systems, including extract-transform-load pipelines, data warehouses, analytical workflows, automated reporting and artificial intelligence pipelines. API Data means the market, app, advertising and creative intelligence data made available through the Ad Insights API, at company, product, application, campaign, creative or market level. Call means a single request to an endpoint, and Quota means the number of Calls or volume of API Data permitted within a defined period under your Subscription or Trial.

B5.2 Provisioning and acceptance. Access to the Ad Insights API is provisioned by GameAnalytics after execution of an Order Form that includes it, including any Trial granted under that Order Form. GameAnalytics issues API Credentials to the users designated by the Customer. By making a Call under an API Credential you confirm your acceptance of these Product Terms in addition to Part A and the Order Form. 

B5.3 Separate entitlement. The Ad Insights API is a separate Product with separate pricing and Usage Allowances. Access to, or a Subscription for, any other Product, including MarketIQ Pro, does not entitle you to use the Ad Insights API, and the Ad Insights API does not provide access to any data other than API Data. Cross-product discounts, where offered, are applied under Section 5.8 and do not alter this separate entitlement.

B5.4 Subscriptions and Trials. Subscriptions may be offered on a pay-as-you-go basis, comprising a periodic access fee plus a per-Call charge, on an annual basis with an included Quota, or as a fixed-term test under Section 6.5, in each case as set out in the Order Form. An activation fee may apply where stated in the Order Form. A Trial has its own duration and a reduced Quota sufficient to validate integration and not intended to deliver production value; access is disabled automatically at the end of a Trial unless converted to a paid Subscription. Where you convert from pay-as-you-go to an annual Subscription, GameAnalytics may, where stated in the Order Form, treat the annual term as commencing on the pay-as-you-go start date and credit access and usage charges already invoiced for that period against the annual Fee; any such credit is applied against amounts due and does not give rise to a refund.

B5.5 Licence and permitted use. Subject to your compliance with these Terms, your active entitlement and your Quota, GameAnalytics grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence, during the term of your Subscription or Trial, to access the Ad Insights API and to use API Data solely for your internal business purposes. API Data is licensed, not sold, and no title in it passes to you.

B5.6 Restrictions. In addition to Section 8.2, you will not, and will not permit or enable any third party to: resell, sublicense, rent, lease, distribute, publish, broadcast or otherwise make API Data available to any third party; use the Ad Insights API or API Data to build, train, improve or operate a product or service that competes with any Product, or to create a substitute for, or derivative competitive dataset from, API Data; extract or re-utilise all or a substantial part of API Data beyond your Quota and permitted internal use; exceed, circumvent or interfere with any Quota, rate limit, authentication or other technical control, or make Calls through undisclosed automation designed to defeat those controls; share, publish or transfer API Credentials, or use the Ad Insights API on behalf of, or for the benefit of, any person who does not hold their own entitlement; remove, obscure or alter any proprietary notice, attribution or source indicator associated with API Data; or use the Ad Insights API or API Data in violation of applicable law.

B5.7 Database rights. API Data, and the compilation, selection, arrangement and structure of API Data, are protected by copyright and, where recognised, by the sui generis database right. You must not extract or re-utilise the whole or a substantial part, evaluated qualitatively or quantitatively, of API Data, and must not repeatedly and systematically extract or re-utilise insubstantial parts in a manner that conflicts with the normal exploitation of API Data or unreasonably prejudices the legitimate interests of GameAnalytics or its licensors. Insights that you independently generate for your internal use by analysing API Data within your licence are yours to use internally, provided you do not thereby disclose, redistribute or reconstruct API Data in breach of these Terms.

B5.8 No warehousing and deletion. You may cache and store API Data only to the extent, and for the period, reasonably necessary for your permitted internal use during the term of your Subscription. You must not build or maintain a permanent local or third-party repository, archive or warehouse of API Data that persists beyond your entitlement or that replicates a substantial part of API Data. During a Trial, you must not retain API Data after the Trial ends. On expiry or termination of your Trial or Subscription, you must cease all use of API Data and delete API Data in your possession or control, other than incidental copies in routine backups that are not readily accessible and are overwritten in the ordinary course, and, on request, certify deletion. This clause survives termination or expiry.

B5.9 Quotas, rate limits and enforcement. GameAnalytics may enforce Quotas and rate limits at the network or proxy layer, may distinguish between trial and paid Credentials for that purpose, and may throttle, suspend or restrict Calls that exceed your Quota or rate limits or that threaten the stability, integrity or security of the Ad Insights API. Where you exceed your Quota, GameAnalytics may require you to purchase additional capacity or upgrade to continue.

B5.10 Personal data. API Data is designed to be aggregated intelligence and is not designed to contain personal data. You must not include personal data in Calls, including in free-text or keyword search parameters, except where strictly necessary and lawful, and you are solely responsible for any personal data you choose to submit. In operating the Ad Insights API, GameAnalytics processes limited personal data relating to your authorised users as a controller under Section 10.3, including request logs containing internet protocol addresses, tokens, request parameters and timestamps, on infrastructure that may be located outside the European Economic Area and the United Kingdom and operated by a third-party provider, as described in the Privacy Notice.

B5.11 Service levels and support. No service-level commitment applies to a Trial. Any availability commitment for a paid Ad Insights API Subscription applies only if, and to the extent, expressly stated in the Order Form. GameAnalytics may modify, add to or discontinue endpoints, API Data fields, Quotas and features on notice under Section 2.5, and will use reasonable efforts to give advance notice of changes that break existing integrations.

B5.12 Suspension and termination. In addition to Section 20, GameAnalytics may suspend or terminate your access to the Ad Insights API immediately where you breach these Product Terms, exceed or circumvent your Quota, misuse API Credentials, or engage in conduct that threatens the security, integrity or lawful operation of the Ad Insights API or the rights of GameAnalytics or its licensors. On expiry or termination, your right to access the Ad Insights API and use API Data ends, B5.8 applies, and any accrued and committed Fees remain payable.

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