Terms & Conditions

1. Acceptance of terms

1.1 GameAnalytics Limited, Spaces Mappin House, 4 Winsley Street, W1W 8HF, London, United Kingdom, and its Affiliates, as defined in Clause 3, (“GameAnalytics”) welcomes you. GameAnalytics provides its Services to you (hereinafter "Company,"  “You” and the phrase “Your” constructed accordingly), either an individual or a legal entity that You represent as an authorized employee or agent. You are subject to the following Terms and Conditions, Documentation, as defined in Section 3, and GameAnalytics’ Data Protection Agreements, as defined in Section 9 hereof, which are incorporated herein by reference into these Terms and Conditions.

1.2 You can review the most current version of GameAnalytics Terms and Conditions at: 

• Terms and Conditions: https://gameanalytics.com/terms
• EU Data Processing Addendum: https://gameanalytics.com/terms/eu-jca/
• Developer Policy: https://gameanalytics.com/terms/developer-policy/
• Privacy Notice: https://gameanalytics.com/privacy
• Privacy and Data Protection Addendum For Mainland China: https://gameanalytics.com/privacy/dpa-china/
• China PIPL Privacy Notice: https://gameanalytics.com/privacy/pipl-china

1.3 BY CLICKING ON “I ACCEPT THE TERMS AND CONDITIONS”, SIGNING UP AND CREATING AN ACCOUNT WITH GAMEANALYTICS, COMPLETING A SELF-CHECKOUT PURCHASE, OR, IF APPLICABLE, SIGNING AN ORDER FORM, YOUR ACCEPTANCE INDICATES YOUR ACKNOWLEDGEMENT TO BE BOUND BY THE GAMEANALYTICS TERMS AND CONDITIONS, DATA PROTECTION AGREEMENTS, ORDER FORMS, AND DOCUMENTATION (the “Agreement” or “Terms”) ON THE DATE OF SUCH ACCEPTANCE OR SIGNATURE (the “Effective Date”). THIS ACTION CREATES AN ELECTRONIC SIGNATURE THAT HAS THE SAME LEGAL EFFECT AS A HANDWRITTEN SIGNATURE. YOUR CONTINUED USE OF THE SERVICE PROVIDED BY GAMEANALYTICS MEANS THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO ALL OF THE FOLLOWING TERMS.

1.4 If you are handling and signing this Agreement on behalf of your employer, partner or any other entities, you shall guarantee that you have obtained a lawful and valid authorization and represent and warrant that: (i) you have full legal authority to bind your employer, partner or the applicable entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree on behalf of the party that you represent to these Terms. If you don't have the legal authority to bind your employer or the applicable entity please do not click the “I accept the Terms and Conditions” button.

2. Hierarchy and Amendment

2.1 Both Parties may subsequently conclude order forms (each, an  “Order Form”) with regard to specific Paid Features or Services provided by GameAnalytics. Each Order Form shall have the same legal effect as this Agreement and shall be regarded as an integral part hereof. In the event of any inconsistency or conflict between this Agreement, an Order Form, or any other referenced document, the order of precedence shall be: (i) the applicable Order Form; (ii) this Agreement; and (iii) any incorporated documents or policies, including the Pricing Page and the DPA.

2.2 GameAnalytics reserves the right to update, amend, or modify any of the terms and conditions contained in the Agreement at any time, in its sole discretion, by posting changes at https://gameanalytics.com or such other URL that GameAnalytics may provide from time to time. Material changes will be notified through the GameAnalytics Platform or via email..

The updated version will indicate its effective date at the top of the page.Your continued use of any part of the Services (as defined below) following the posting of such changes or modifications will constitute your acceptance of such changes or modifications.

3. Certain definitions

In this Agreement, the following words have the meanings set out below. All capitalized terms not defined herein shall have the meaning set forth in the Agreement and in the “Applicable Data Protection Law”:

“Account” refers to Your Account for the Services, which You will receive when You create or sign up for a GameAnalytics account;

“Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party. For purposes of this Agreement, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or cause the direction of the management and set the policies of such an entity.

“Applicable Data Protection Law” means any applicable legislative or regulatory regime enacted by a recognized government, or governmental or administrative entity with the purpose of protecting the privacy rights of natural persons, in particular the General Data Protection Regulation 2016/679 (“GDPR”) and supplementing data protection law of the European Union Member States, the United Kingdom's Data Protection Act 2018 and the GDPR as saved into United Kingdom law by virtue of Section 3 of the United Kingdom's European Union (Withdrawal) Act 2018 ("UK GDPR"), the Swiss Federal Data Protection Act ("Swiss DPA"), Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) S.C. 2000, ch. 5, and any provincial legislation deemed substantially similar to PIPEDA under the procedures set forth therein, and the California Consumer Privacy Act ("CCPA”) of 2018, the Brazilian Law No. 13,709/2018 – Brazilian General Data Protection Law (“LGPD”), the ePrivacy Directive 2002/58/EC (the “Directive”), together with any European Union Member national implementing the Directive.

“Documentation” means any accompanying proprietary documentation made available to You by GameAnalytics for use with the Service, including any documentation available online or otherwise;

“Free Features” means any features, tools, or functionalities of the GameAnalytics Platform made available without charge. Such features may be modified, suspended, or discontinued at any time without liability, and may be subject to usage or event limits.

“Game” means one or more games that are linked to an Account and use the same Tracking Code. A Game is owned by a “Game Developer” or “Game Studio”, a company specialized in the development of video games (“Company”); An “Organization” may own several Game Studios;

“GameAnalytics Content” means all content, including without limitation software (in object or source code form), script, programming code, data, information, structural hierarchies, interfaces, processes, HTML code, trademarks, service marks, proprietary logos, distinctive brand features, images, illustrations, graphics, multimedia files and/or text, contained in the GameAnalytics Platform, as well as the structure, selection, coordination, expression, “look and feel”, and arrangement of the GameAnalytics Platform, and all Intellectual Property Rights therein or relating thereto.

“GameAnalytics Platform” means GameAnalytics’ proprietary online software as a service (“SaaS”) platform located at gameanalytics.com (including, without limitation, any successor domains or subdomains thereof), together with all associated products, tools, APIs, dashboards, and premium features made available by GameAnalytics. Without limitation, this includes the GameAnalytics Content, the Documentation, and the Game Data.

“Game Data” means the information data concerning the characteristics and activities of Players that is collected through use of the Tracking Code and then forwarded to the Servers and analyzed by the Processing Software for analytics, reporting, or related purposes;

"MarketIQ" means GameAnalytics’ premium analytics tool providing advanced insights into mobile game performance and market trends, including but not limited to custom reporting, benchmarking, competitor analysis, and predictive analytics, as described at https://gameanalytics.com/marketiq. MarketIQ forms part of the Paid Features and is subject to the terms applicable to premium services.

“Paid Features” means any premium, subscription-based, or enterprise-level tools and functionalities available through the GameAnalytics Platform, whether purchased via self-checkout or Order Form. Paid Features are described on the GameAnalytics website and Pricing Page.

“Party” means a party to this Agreement and shall be a reference to You or GameAnalytics, as the context requires and “Parties” shall mean both GameAnalytics and You collectively;

“Player” means an end-user of Your Game;

“Personal Data” means any information relating to a “Data Subject”, defined herein as an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Processing Software” means the proprietary GameAnalytics software and all upgrades to such, which is hosted by GameAnalytics on the Servers and which analyzes the Game Data and generates the reports relating to Games;

“Servers” means the servers controlled by GameAnalytics or its affiliates, or by a third-party service provider appointed by GameAnalytics, upon which the Processing Software and Game Data are stored or processed;

“Service” means the GameAnalytics Platform and all related tools, products, integrations, and functionalities made available by GameAnalytics, whether provided free of charge or as Paid Features, as described on the GameAnalytics website;

“Software” means the Tracking Code and the Processing Software, and all software used to access, view, or modify reports or access rights to GameAnalytics;

“Tracking Code” means the proprietary GameAnalytics tracking code, provided by GameAnalytics and implemented in a Game for the purpose of collecting Game Data, together with any updates, fixes, or upgrades supplied by GameAnalytics.

“Websites” means GameAnalytics’ official website located at https://gameanalytics.com/ and all associated subdomains or related sites operated by GameAnalytics.

4. Description of Service

4.1 GameAnalytics provides game developers with access to a range of analytics and data management services through the GameAnalytics Platform, including but not limited to data visualization, market insights, player segmentation, and data pipeline tools..  Some features are provided free of charge, while others are offered as premium features subject to the applicable pricing model, either through the pricing page and self-checkout process or by direct agreement via an Order Form (“Paid Features”).

These Services enable developers to analyze player behavior, market performance, and data flows for optimization and business insights (collectively, the “Service”).

4.2 You understand and agree that the Service, the Software and the Websites are provided “AS-IS” and that GameAnalytics assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings, game or any other type of data. You are responsible for obtaining and managing access to the Service, the Software and the Websites.

5. Fees and Services 

5.1 GameAnalytics may, at its sole discretion, provide certain certain features of the Service free of charge up to certain limits as detailed in the Event Tracking Limits page, available at https://docs.gameanalytics.com/event-types/event-limits/. 

5.1.1 Both free and paid features of the Service are subject to technical and operational limits designed to protect the stability, integrity, and performance of the GameAnalytics Platform. These limits may include caps on event volume, data queries, or other usage metrics. 

5.1.2 GameAnalytics reserves the right to adjust, modify, or enforce such thresholds, or to suspend, limit, or throttle access (temporarily or permanently) if Your usage materially exceeds applicable limits, disrupts system performance, or creates a security or operational risk. Such actions may be taken with or without prior notice and without liability.

5.1.3 Upon reaching or exceeding applicable usage limits, GameAnalytics may notify You and require activation of a paid plan, purchase of additional capacity, or execution of a separate Order Form to continue using the Service. If payment or such arrangement is not completed following notice, GameAnalytics may suspend or restrict Service access until the issue is resolved

5.1.4 GameAnalytics explicitly disclaims all liability for any defects in the Core Analytics, including but not limited to their accuracy, error-free operation, non-infringement of third-party intellectual property or copyright rights, completeness, or fitness for a particular purpose, except in cases of willful misconduct or fraud.

5.2 Paid subscriptions provide enhanced functionality and access to premium analytics and data management tools.

Pricing and relevant terms for these subscriptions are available either on the pricing page for self-checkout subscriptions or in an executed Order Form for direct sales arrangements.

GameAnalytics reserves the right to modify pricing, features, or limits at its discretion, with prior notice as set forth in this Agreement. The initial subscription term will be confirmed at the time of purchase through the applicable channel. In the event of any discrepancy between the pricing page and an Order Form, the terms of the Order Form shall prevail.

5.2.1 Company shall bear full responsibility for all costs associated with queries executed on Google Cloud Platform (“GCP”) using BigQuery services. These costs are generated based on the volume of data processed by each query, in accordance with the pricing structure specified by Google Cloud Platform. Each invoice issued to the Company will itemize these costs as separate entries, providing a detailed breakdown of charges incurred during the billing period. It is the Company's obligation to monitor and manage its query usage to control and optimize expenditures related to BigQuery.

5.2.2 All payments made by Company to GameAnalytics under this Agreement, including but not limited to payments for paid services as set forth on the Pricing Page or in an Order Form, and costs associated with queries executed on GCP using BigQuery services, are non-refundable. This includes, but is not limited to, cases where services are unused, underutilized, or where there is a reduction in query usage or data processed. GameAnalytics shall not be liable for refunding any fees, except in cases of willful misconduct or fraud.

5.3 You are solely responsible for payment of any taxes, fees, or other charges of any nature whatsoever assessed against You by any governmental authority upon or with respect to the Service, excluding any taxes payable by GameAnalytics under applicable tax laws and regulation, notably but not limited to, on its general income. Each Party shall pay its own taxes as they fall due and shall indemnify and hold harmless the other Party from any and all claims and liability arising from its failure to report or pay such taxes.  

5.4 GameAnalytics may, at its sole discretion, change its Fees and payment policies for the GameAnalytics Platform from time to time. GameAnalytics shall provide You with reasonable prior notice of any such changes, either via the GameAnalytics website, dashboard, or by email notification. Any continued use of the GameAnalytics Platform after the effective date of such changes shall constitute Your acceptance of the revised Fees or payment policies. Fee changes will not apply retroactively to ongoing fixed-term subscriptions that have already been paid for.

5.5 Free Trial Period and Discount Policy: 

5.5.1 GameAnalytics may offer a free trial period for certain Paid Features ("Free Trial"), the duration and scope of which shall be determined at the time access is granted to eligible users.

5.5.2 During the Free Trial, users may access selected premium tools, which could include limited functionality of the analytics or data management features.

5.5.3 Unless canceled before the trial ends, the Free Trial will automatically convert into a paid subscription under the applicable plan available through self-checkout or as otherwise communicated by the Sales team.

To access the Free Trial, users may be required to provide valid credit card details, which will be collected and processed by a third-party payment service provider on behalf of GameAnalytics. GameAnalytics does not directly collect or store credit card information. Users will be charged for the first subscription period immediately upon the conclusion of the Free Trial unless the trial is canceled before expiration.

5.5.4 Users may cancel the Free Trial at any time before the trial expires to avoid charges. Cancellations can be made through the user account settings or by contacting support. Once canceled, access to the premium services may immediately terminate.

5.5.5 The Free Trial is offered "as is" with no warranties of any kind. GameAnalytics does not provide refunds or credits for partial use or failure to cancel the trial before its expiration.

5.5.6 Data and Privacy During Trial: Data collected during the Free Trial will be treated in accordance with the GameAnalytics Privacy Policy. If the user does not transition to a paid subscription, GameAnalytics may, at its discretion, delete or retain data based on its retention policies.

5.5.7 GameAnalytics reserves the right to modify, cancel, or terminate the Free Trial program at any time without notice.

5.5.8 Discount Policy: GameAnalytics may, at its sole discretion, apply a variable discount to the services provided under this Agreement, including any services following the Free Trial. GameAnalytics reserves the right to change or cancel any discounts at any time without further notice, and any such changes will be reflected in the subsequent invoice for the services provided at the agreed-upon rate. Discounts will only apply for the period specified and will not extend beyond the defined promotional or trial period unless otherwise agreed in writing.

5.6 GameAnalytics’ Paid Features operate under billing cycles that may be monthly, yearly, or otherwise defined in the applicable Order Form or during the self-checkout process.

5.6.1 Charges for monthly subscriptions are calculated based on usage during the preceding 30 days, whereas yearly subscriptions are billed in advance for the applicable twelve-month period unless otherwise agreed in writing.

5.6.2 Upon initiating your subscription, your account will be billed on the same calendar date each month based on the date of your initial subscription, unless otherwise specified in the Order Form.

5.6.3 Upon the preparation of the billing statement for the preceding billing period (or, for yearly plans, upon renewal), GameAnalytics shall issue an invoice, which shall be dispatched to Company via electronic mail. It is Your responsibility to maintain accurate and current contact and billing information to ensure timely receipt of invoices. Failure to receive timely notification due to outdated or incorrect contact information shall not constitute grounds for non-payment or delay in payment of the invoiced amounts.

5.6.4 If any payment is late or a provided payment method is rejected, GameAnalytics may suspend access to the Paid Features until payment is received in full. Limited access to free features may be maintained at GameAnalytics’ discretion, but data generated during the suspension period may not be retrievable even after reinstatement.

5.6.5 All invoices issued by GameAnalytics are payable within 30 calendar days of the invoice date, unless otherwise agreed in writing. Failure to settle invoices within this period may result in the suspension of access to paid services, as outlined in Clause. It is Company's responsibility to ensure timely payment and compliance with these terms to avoid service disruptions.

5.6.6 We reserve the right to modify or change these billing cycle terms as necessary. Any changes to these terms will be communicated to you in accordance with this Agreement.

5.7 Without limiting the generality of the foregoing, if an Account remains inactive for ninety (90) consecutive days or if usage materially exceeds the applicable limits set forth in this Agreement or the Event Tracking Limits page, GameAnalytics may, in its sole discretion, suspend or restrict access to the Service and/or delete any or all related Account data (including Game Data) without further notice.

5.7.1 Such action may be taken to ensure platform stability, compliance with data retention policies, or protection against system abuse. GameAnalytics shall have no liability for any loss of data or access resulting from inactivity or excessive use as described herein.

6. Account, password and security

6.1 To register for the Service, You must complete the registration process by providing GameAnalytics with current, complete and accurate information as prompted by the registration form, or during the onboarding process. Registration may occur via the GameAnalytics Platform, self-checkout interface, or a Sales-assisted process for paid subscriptions. You represent that You are of legal age to form a binding contract.

6.2 You shall protect the confidentiality of the passwords and username issued to you by GameAnalytics and take full responsibility for Your own, and third party, use of Your password or Account. From time to time, GameAnalytics' (or its wholly owned subsidiaries’) support staff may log in to the Service under Your username solely for the purposes of maintenance, troubleshooting, or technical and billing support. Such access is limited, logged, and performed in accordance with GameAnalytics’ internal security and privacy procedures. You hereby acknowledge and consent to such access.

6.3 You are also responsible for any and all activities that occur on, or otherwise in connection Your Account and Your use of the Service. You agree to immediately notify GameAnalytics of any unauthorized use of any of Your Account or passwords, as well as any other security breach related to Your Account.

7. License and Acceptable Use

7.1 GameAnalytics hereby grants You a limited, revocable, non-exclusive, non-transferable license (without the right to sub-licence) to install, copy and use the Tracking Code and any other client-side or integration components provided as part of the Service, including APIs or data-export tools solely to the extent necessary to use the Service for one or more Games that You own and control. GameAnalytics also grants you the right to remotely access, view and download the reports relating to Games. Your license to use any part of the Service (including, without limitation, the Software, Documentation, and reports) is conditional upon Your continued compliance with this Agreement, applicable usage limits, and payment of any associated fees for Paid Features.

7.2 You will not nor will You allow any third party to:

7.2.1 copy, modify, adapt, translate or otherwise create derivative works of the Websites, the Software or the Documentation;

7.2.2 reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Websites or the Software, except to the extent applicable laws specifically prohibit such restriction;

7.2.3 use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Websites and the Software, or in any way reproduce or circumvent the navigational structure or presentation of the Websites and the Software, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Websites and the Software;

7.2.4 rent, sublicense, lease, sell, assign or otherwise transfer rights (or purport to do any of the same) in or to the Tracking Code, the Processing Software, the Documentation, any information acquired from the Service or the Service;

7.2.5 remove any proprietary notices or labels on the Software or which are otherwise placed by the Service; or

7.2.6 use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. Subject to Clause 7.3, You will use the Service and any associated data solely for Your own internal business purposes and in accordance with applicable usage tiers and limits. You will not make the Service or its outputs available for resale, time-sharing, or as part of an application-service or managed-service offering. You will comply (and shall ensure that any third parties to whom You grant access to the reporting functions of the Software comply) with all applicable laws and regulations relating to the use of and access to the Websites, the Documentation, Software, Service and reports relating to Games.

7.3 You may not provide access to or share the Service, Software, or related tools with third parties, except as expressly permitted below. However, You may (at Your own risk) provide limited access to the reporting or dashboard functions of the Service to third parties (a “Third Party”) for legitimate internal business purposes (for example, to publishers, studios, or investors directly involved with Your Games), provided that You do not directly or indirectly charge a service fee for such access and remain fully responsible for the Third Party’s use of the Service and any information shared.

7.3.1 You must ensure that any Third Party granted access complies with this Agreement, and any misuse or breach by such Third Party will be deemed a breach by You.

7.4 Event Metrics Definitions and Limits

7.4.1 All event tracking limits are detailed in the Event Tracking Limits page. 

7.4.2 If one or more of Your Games exceed any applicable limit described in the Event Tracking Limits page or otherwise communicated by GameAnalytics, GameAnalytics may notify You and request that You remediate the issue without undue delay.

7.4.3 GameAnalytics reserves the right to temporarily suspend, throttle, or restrict access for the corresponding Game if usage continues to exceed such limits or threatens platform stability.

GameAnalytics shall cooperate with You in good faith to help avoid unnecessary disruption and may propose migration to an appropriate usage tier or custom plan.. 

7.5 The license granted above and Your right of use of the Service will terminate immediately if You fail to comply with the terms of this Agreement and the provisions of Clause 14 will apply.

8. Confidentiality

8.1 For the purposes of this Agreement, “Confidential Information” includes any proprietary data and any other information disclosed by one party to the other in writing (including by email or other electronic means and labels), or orally where the disclosure is identified as confidential at the time of disclosure and, within five (5) business days, reduced to writing and marked “confidential.” Confidential Information also includes the terms of any Order Form, pricing, product roadmaps, security documentation, usage thresholds/limits communicated by GameAnalytics, and non-public performance data. However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party’s possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information or any allowed usage by GameAnalytics of information as described in this Agreement.

8.2 Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information. 

8.2.1 Each party may disclose Confidential Information on a “need-to-know” basis to its Affiliates, and to its and their respective employees, contractors, advisors (including legal and accounting), and potential investors or acquirers, in each case who are bound by confidentiality obligations no less protective than those set out here.

8.3 Publicity. 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, Company hereby acknowledges and expressly consents to GameAnalytics’ disclosure of the cooperative relationship between GameAnalytics and Company and GameAnalytics’ use of the name, logo, trademark, trade name or any other marks of Company in publicity (e.g. GameAnalytics’ website) or GameAnalytics’ advertising or other marketing activities (e.g. GameAnalytics’ customer listing, marketing materials). Any case studies, quotes, or detailed descriptions of the Company’s results will require Company’s prior written approval. If Company objects to such disclosure or use, it may notify GameAnalytics at support@gameanalytics.com and GameAnalytics will remove the related information within five (5) business days.

8.4 Non-Resale of Downloaded Data: By accessing and using the Service, You acknowledge and agree to the following terms regarding any reports, analytics outputs, or exported datasets downloaded or otherwise obtained from the GameAnalytics Platform (“Downloaded Data”):

8.4.1 Confidentiality Obligations: The materials, information, reports and exported data downloaded from the GameAnalytics Platform ("Downloaded Data") are considered confidential and proprietary information. Company agrees to maintain the utmost confidentiality with respect to the Downloaded Data and treat it as strictly confidential.

8.4.2 Prohibition of Resale: You expressly agree not to resell, distribute, publish, reproduce, or otherwise make the Downloaded Data available to any third party, whether for commercial or non-commercial purposes, without obtaining our prior written consent. This prohibition includes, but is not limited to, selling, licensing, sublicensing, leasing, or providing access to the Downloaded Data to any other individual, organization, or entity.

8.4.3 Non-Disclosure: You shall not disclose, display, or make public any portion of the Downloaded Data, including but not limited to individual reports, data sets, visualizations, or any other form of information derived from the Downloaded Data, to any third party without our express written consent.

8.4.4 Usage Restrictions: You are authorized to use the Downloaded Data solely for internal purposes and strictly within the scope of your legitimate business operations. Any other use, including but not limited to research, analysis, benchmarking, or any other commercial activity, is strictly prohibited unless otherwise agreed upon in writing.

8.4.5 Intellectual Property Rights: All intellectual property rights, including but not limited to copyrights, trademarks, and any other proprietary rights related to the Downloaded Data, shall remain the exclusive property of our organization or its licensors. Nothing in these terms shall be construed as granting you any ownership or intellectual property rights over the Downloaded Data.

8.4.6 Breach and Remedies: In the event of a breach of this clause, we reserve the right to seek injunctive relief, damages, or any other legal remedy available under applicable law. Additionally, we may suspend or terminate your access to the Service and take any necessary steps to protect our rights and interests.

8.4.7 Survival: This clause shall survive the termination or expiration of any agreement or relationship between You and our organization, ensuring the ongoing protection of the Downloaded Data.

9. Data Usage and Protection

9.1 Both Parties hereby agree to incorporate the GameAnalytics EU Data Processing Addendum (“EU DPA”),  Privacy and Data Protection Addendum for Mainland China (“PIPL DPA”) and EU Standard Contractual Clauses for data transfers between EU and non-EU countries Controller-to-Processor Module, 4 June 2021 (“SCC”), (collectively “Data Protection Agreements” or “DPA”) into this Agreement which are available at https://gameanalytics.com/terms/, and agree to comply with the provisions in the DPA. 

9.2 You will comply with your obligations relating to Personal Data that apply to You under Applicable Data Protection Laws, including ensuring the lawful collection, transfer, and use of data uploaded, transmitted, or shared through the Service, and applying appropriate technical and organizational security measures to prevent a personal data breach.

9.3 You will ensure that You have provided adequate notices to data subjects (including without limitation all individual Players and other end-users), in each case, to the extent necessary for GameAnalytics to process their Personal Data in connection with this Agreement and as described in the GameAnalytics’ DPA and Privacy Policy. 

9.4 You will ensure that You have obtained valid consents and permissions from all data subjects (including without limitation all individual Players and other end-users), for processing activities going beyond the mere creation of aggregate usage statistics, including user-level analytics, audience segmentation, data export, or other advanced features, in each case, for GameAnalytics to lawfully process their Personal Data in connection with this Agreement and as described in the GameAnalytics’ DPA and Privacy Policy. 

9.5 You must not circumvent any privacy features (e.g., an opt-out) that are part of the Service and You will not by act or omission, cause GameAnalytics to violate any Applicable Data Protection Law, notices provided to, or consents obtained from, data subjects as result of processing Personal Data in connection with the Service and this Agreement.

9.6 GameAnalytics shall have the right to use all necessary data, including Game Data, collected during the Service or otherwise pursuant to this Agreement to (i) perform its obligations and enforce its rights under this Agreement; (ii) operate, maintain, secure, and improve its products and infrastructure; and (iii) generate analytics, benchmarks, or insights for reporting and research purposes as part of Service enhancement. You grant to GameAnalytics a worldwide, perpetual, irrevocable, non-transferable, non-exclusive, royalty-free license to use such data for the purposes set forth herein, provided that such use complies with Applicable Data Protection Laws and the DPA

9.7 You acknowledge and agree that GameAnalytics may: (i) compile all necessary aggregated and/or de-identified data (including but not limited to Personal Data and Game Data) in connection with providing the Service, provided that such information cannot reasonably be used to identify Players and You, or any data subject to whom Personal Data relates (“Aggregated and/or De-Identified Data”); and (ii) use Aggregated and/or De-Identified Data to train, develop and optimize model to generate estimated product performance information in the Service and GameAnalytics’ future services.

9.8 The DPA may be amended from time to time, provided that such amendment shall not have a material adverse impact on Your rights and interests provided under this Agreement. Except otherwise as expressly provided in this Agreement, in the event of any conflict between the provisions of the DPA and those of this Agreement, the provisions of the DPA shall prevail.

10. Indemnification

10.1 You agree to indemnify GameAnalytics and, its agents, affiliates, directors, officers, employees and partners against any loss, liability or cost arising out of:

10.1.1 Your violations of any applicable laws, rules or regulations in connection with Your use of the Service;

10.1.2 Any breach of the provisions of this Agreement by You or any third party to whom You provide access to Your Account or the reporting functions of the Software; and

10.1.3 any claim against GameAnalytics made by any such third party in connection with the third party’s access to Your Account or the Service.

11. Use by third parties

11.1 If You provide access to Your Account or any portion thereof to any third party or use the Service to collect information on behalf of any third party, whether or not You are authorized to do so by GameAnalytics or its wholly owned subsidiaries, the terms of this Clause 11 shall apply.

11.2 If You use the Service on behalf of any third party, you hereby represent and warrant to GameAnalytics that:

11.2.1 You are fully authorized to act on behalf of such third party and to bind such third party to this Agreement; and

11.2.2 as between that third party and You, such third party owns all right, title and interest in and to the Game Data in any relevant Account(s).

11.3 Without prejudice to Clause 11.2, You shall ensure that each such third party complies with the terms of this Agreement as if it were a party hereto in substitution for You. Any information of any such third party that is considered confidential shall be treated as confidential by You and shall not be disclosed to any other third party. Without prejudice to the foregoing, You agree that You shall not disclose any Game Data belonging to any third party on whose behalf You use the Service without the prior written consent of such third party. 

11.3.1 You further agree not to disclose, share, or export any Game Data, player data, or analytics results belonging to such third party except as necessary to provide the agreed services to that third party and in compliance with Applicable Data Protection Laws

12. Disclaimer of warranties

12.1 GameAnalytics may make improvements and/or changes in the Service, the Software or the Websites at any time, with or without notice. Unless expressly stated otherwise in an applicable Order Form or written agreement for paid features, the Service, the Software, the Websites and the reports relating to Games are provided “AS IS” and “AS AVAILABLE,” with all faults, defects, and errors. GameAnalytics makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

Without limiting the generality of the foregoing, GameAnalytics does not represent or warrant that:

12.1.1 the use of the Service, the Websites or the Software will meet your requirements or be uninterrupted, secure or error-free;

12.1.2 that defects will be corrected;

12.1.3 that the Service, the Websites, the Software or any other software on the Server are free of viruses or other harmful components;

12.1.4 that the use of the Service and any information available through the Service (including the reports relating to Games) will be correct, accurate, timely or otherwise reliable;

12.1.5 that the Service, the Websites, the Software or any other software on the Server are non-infringing;

12.1.6 that the report, advice, estimate or insight provided by GameAnalytics (including through automated analytics or predictive models) constitutes a guarantee, representation, or warranty of future performance.

12.2 For avoidance of doubt, free features are provided without any warranties or service-level commitments. Any warranties or service levels applicable to paid features or enterprise plans, if any, shall be governed solely by the terms set out in the corresponding Order Form or written agreement.

13. Limitation of liabilities

13.1 Nothing in this Agreement shall exclude or limit either Party’s liability for:

13.1.1 death or personal injury resulting from the negligence of either Party or their servants, agents or employees;

13.1.2 fraud or fraudulent misrepresentation;

13.1.3 breach of any implied condition as to title or quiet enjoyment; or

13.1.4 misuse of confidential information.

13.2 Nothing in this Agreement shall exclude or limit either Party’s liability: for breach of Clause 8 (Confidentiality) or for infringement of the other Party’s intellectual property rights.

13.3 Subject to Clauses 13.1 and 13.2, neither Party shall be liable in contract, tort (including, without limitation, negligence) or otherwise arising out of or in connection with this Agreement for:

13.3.1 any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);

13.3.2 any loss of goodwill or reputation;

13.3.3 any special, indirect or consequential losses; even if such losses were foreseeable or within the contemplation of the Parties at the date of this Agreement.

13.4 Subject to Clauses 13.1 and 13.2, You agree that GameAnalytics and its wholly owned subsidiaries shall not be responsible for or have any liability in relation to unauthorized access to or alteration of the Game Data or data from Your Game.

13.5 GameAnalytics shall have no liability for any error, defect, failure or delay in the Service. Without prejudice to the generality of the foregoing, GameAnalytics shall have no liability for any failure or delay in the Service: any special, indirect or consequential losses; whether or not such losses were within the contemplation of the Parties at the date of this Agreement.

13.5.1 caused by outages to any public Internet backbones, networks or servers; any special, indirect or consequential losses; whether or not such losses were within the contemplation of the Parties at the date of this Agreement.

13.5.2 caused by any failures of Your equipment, systems or local access services or

13.5.3 due to previously scheduled maintenance.

13.6 Subject to Clauses 13.1 and 13.2, GameAnalytics’ (and its wholly owned subsidiaries’) total cumulative liability (whether in contract, tort - including negligence - or otherwise) to You under or in connection with this Agreement shall not exceed DKK 1,000.

13.6.1 For paid or enterprise features purchased under an Order Form or custom agreement, the total aggregate liability of GameAnalytics shall not exceed the total fees paid by You to GameAnalytics for the affected Service during the twelve (12) months preceding the event giving rise to liability, unless otherwise agreed in writing.

13.7 When accessing and using features that display or aggregate third-party information or content (including but not limited to MarketIQ or similar offerings), You may encounter data, opinions, images, or other materials sourced from third parties. GameAnalytics does not control, verify, or endorse such content. You are solely responsible for evaluating the authenticity, legality, and accuracy of any third-party content and assume all associated risks.

14. Proprietary rights notice

14.1 GameAnalytics shall own all right, title and interest, including without limitation all intellectual property rights in the Service, (and any derivative works or enhancements thereof) which includes but is not limited to the Software and the Documentation, all rights in and to the Service (including the Software and the Documentation) not expressly granted to You in this Agreement are hereby expressly reserved and retained by GameAnalytics and its licensors.

14.2 Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to):

14.2.1 use the trademarks, service marks, trade or business names, logos, domain names, other distinctive brand features or any other copyrighted material or other proprietary rights owned by GameAnalytics and which are associated with the Service without the express written consent of GameAnalytics;

14.2.2 register, attempt to register or assist any third party to register or attempt to register any trademark, service mark, trade or business name, logo, domain name, other distinctive brand feature or any other copyrighted material or proprietary right associated with the Service or with GameAnalytics, otherwise than in the name of GameAnalytics and with GameAnalytics express prior written consent;

14.2.3 remove, obscure or alter any notice of copyright, trademark or other proprietary right notice appearing in or on any item included with the Service.

14.3 When accessing or using any GameAnalytics product or feature that displays or analyzes third-party materials (including but not limited to advertising creatives or publicly sourced content), You acknowledge that such materials may originate from publicly available sources, and 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.

14.4 You understand and agree that, as part of its analytics or benchmarking functions, the Service may display or analyze advertising materials, creatives, or metadata originating from Your own applications or campaigns. GameAnalytics shall have no liability for the display, analysis, or incidental use of such materials within the Service, provided that such use occurs solely for legitimate product functionality and in accordance with applicable laws.

15. Term and termination

15.1 This Agreement shall commence on the Effective Date and shall remain in force until terminated in accordance with this Clause 15. Each paid subscription (whether purchased via self-service or Order Form) shall have the initial term and renewal conditions communicated at the time of purchase or as stated on the Pricing Page. Free-tier access shall continue until terminated by either Party.

15.2 Either Party may terminate this Agreement upon mutual agreement, or if the other party is in breach of this Agreement and fails to cure such breach within thirty (30) days after the non-breaching party provides notice of the breach. Either party may also terminate this Agreement immediately upon notice if the other party (a) is liquidated, dissolved, or adjudged to be in a state of bankruptcy or receivership, (b) is insolvent, unable to pay its debts as they become due, makes an assignment for the benefit of creditors, or takes advantage of any law for the benefit of debtors, or (c) ceases to conduct business for any reason on an ongoing basis leaving no successor in interest.

15.3 GameAnalytics reserves the right to terminate this Agreement, or any subscription, at any time for convenience, upon giving thirty (30) days written notice to You. Such notice shall be deemed sufficient if sent via email to the email address provided by Customer. For subscriptions purchased through self-service, a standard notice period of 30 days applies unless otherwise indicated.

15.3.1 This termination does not require the demonstration of any cause and shall be effective as specified in the notice. 

15.3.2 GameAnalytics may also immediately disable or suspend your access to and use of the Service if GameAnalytics believes in good faith that your conduct or failure to act may: (i) pose a security risk or otherwise adversely impact the Service, systems, or other users; (ii) constitute or enable tampering with, removing, disabling, or otherwise limiting the effectiveness of any technical protections; (iii) subject GameAnalytics, any reseller, or any other user to liability; or (iv) expose the Service or any of its functionalities to the risk of appropriation, replication, or use by competitors in a manner that could diminish the competitive advantage of GameAnalytics. 

15.3.3 GameAnalytics will use reasonable efforts to notify You of any such suspension or disabling of access, unless prohibited by law or where prior notice would compromise the Service’s integrity or security.

15.4 Subscription Terms and Renewal

15.4.1 Certain subscription plans may include a minimum lock-in period, during which early termination will result in payment of the remaining fees for the full term. Any such lock-in period will be clearly disclosed during checkout or in the applicable Order Form.

15.4.2 Unless otherwise stated, all paid subscriptions renew automatically for successive terms equal to the initial term at the then-current rates, unless canceled in accordance with this Agreement. You may prevent renewal by providing written notice of non-renewal at least thirty (30) days before the renewal date.

15.4.3 Annual or multi-term subscriptions may, where applicable, be terminated for convenience by GameAnalytics upon thirty (30) days’ written notice, with any pre-paid, unused portion refunded on a pro-rata basis, unless otherwise agreed in writing.

15.5 Consequences of Termination

Upon any termination or expiration of this Agreement:

15.5.1 GameAnalytics will cease providing the Service, and You will delete all copies of the Tracking Code in Your possession and certify such deletion within three (3) business days of termination;

15.5.2 All outstanding amounts owed for Services rendered up to the termination date shall become immediately due and payable, and any remaining contractual commitments (including lock-in payments) will survive; and

15.5.3 Access to Your Account and historical report data will be disabled. GameAnalytics may, at its discretion and subject to applicable retention policies, retain or delete such data. Where feasible, You may request export of non-personal data prior to termination.

16. Applicable law and venue

16.1 This Agreement will be governed by and construed in accordance with the laws of England and Wales, without regard to or application of conflict of laws, rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. All disputes arising out of or in connection with the Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules in London and the language of the arbitration shall be in English. The arbitration award will be final and binding on both parties. The prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses related to such arbitration (including but without limitation to reasonable attorney’s fees and costs, arbitration fees and costs, notarization fees, investigation fees, litigation preservation fees, travel expenses, etc.). 

16.2 Notwithstanding the foregoing, You agree that GameAnalytics shall have the right to seek injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.

17. Other Interpretive Matters

All terms defined directly or by incorporation in this Agreement shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Agreement, unless the context otherwise requires: (a) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular provision of this Agreement; (b) references to any Clause, Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Agreement, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (c) the term “including” means “including without limitation”; (d) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (e) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (f) references to any Person include that Person’s successors and assigns; and (g) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof.

18. Miscellaneous

18.1 Successors and Assigns. Neither Party shall assign this Agreement nor any of the obligations under this Agreement to any other party without prior written consent of the other Party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, GameAnalytics may assign or transfer this Agreement, in whole or in part, without Your consent, to any of its affiliates or in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets This Agreement shall be binding on and inure to the benefit of each Party’s legal successors and permitted assigns.

18.2 Entire Agreement. This Agreement, together with all documents and policies incorporated by reference (including the DPA, Privacy Policy, and Pricing Page), constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous understandings, communications, proposals, or agreements, whether oral or written, relating to its subject matter. In the event of any conflict between this Agreement and an incorporated document, the order of precedence shall be: (i) any executed Order Form or Addendum; (ii) this Agreement; and (iii) any incorporated policies or online terms.

18.3 Notices. Written notices as required under this Agreement shall be deemed to have been given or made on the next business day when sent by the use of overnight courier, or on the fifth business day after deposit, postage prepaid in mail for certified, registered mail to the addresses of the Parties or email to the email address registered by You. Your address for notice may be changed at any time by editing Your Account information.