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Terms of Service

Terms of Service for Chilli Connect Limited

1. Information about us
Chilli Connect Limited is a limited liability company incorporated in Scotland. Our company number is SC549012, and our registered office is c/o Suite 11, Marketgait Business Centre, Dundee, DD1 1NJ When we refer to “Chilli Connect” or “we”, “us” or “our” in these terms of service, we are referring to Chilli Connect Limited.

2. About these terms
These are the terms of service (“Terms”) that apply to all use of the ChilliConnect platform (“Service”) and of our related software development kits (“SDKs”). These Terms apply when you register to create an account (“Account”) or sign up to one of our pricing packages via our website at www.chillconnect.com (our “Website”). If you do not agree to these Terms, then you must not use our Service.

3. Changes to these terms
We reserve the right to amend these Terms from time to time and will notify you of the new version of the Terms if that happens. Your continued use of the Service and SDKs will be deemed to be acceptance of any new Terms.

4. Trial use
Where we make the Service available to you on a free trial basis your use will be subject to these Terms with the exception of the ‘Payment’ section. Unless otherwise agreed, your free trial period will be for 30 days after which you must sign up to one of our pricing packages in order to access and use certain features of the Service.

5. Our contract with you

Your account
You may register to create an Account with us online, and it is free to do so. These Terms apply to any Account not linked to a specific pricing package, with the exception of the ‘Payment’ section below, and form our contract with you (“Contract”). However, please note that you must sign up to one of our pricing packages in order to access and use certain features of the Service.

Self-service packages
If you sign up to one of our self-service pricing packages available on our website (i.e. Indie or Startup), then our Contract is formed when you complete the sign up process and is comprised of: (i) your online sign-up form detailing your chosen package (where these Terms are accepted); and (ii) these Terms.

Extended service packages
If you require an extended service package (i.e. Studio or Enterprise), we will respond to your request with a quote for our Services and provide you with a copy of our Extended Service Agreement and these Terms. We will request you email us to confirm acceptance of the Extended Service Agreement and our Contract with you is formed when both parties sign the Extended Service Agreement.

Duration and renewal of contracts
The Contract will run on a monthly subscription basis, with the exception of the Enterprise tier, in which case the Contract will run on an annual subscription basis. For our monthly subscription Contracts, the initial subscription term is one month. Your Contract will automatically renew for successive periods of one month after the initial subscription term, unless you cancel the Contract before the end of this period (or before the end of the current renewal period). For annual subscription Contracts, the initial subscription term is one year. Your Contract will automatically renew for successive periods of one year, unless you cancel the Contract before the end of the initial subscription term (or before the end of the current renewal period).

Upgrading your pricing package
You can upgrade the package of your Contract at any time by contacting us. You can also upgrade from an Indie pricing package to a Startup pricing package through your user account options. We will apply any change in price to your Account.

Cancellation
Our rights to suspend or terminate the Service are covered below. However you can choose to stop the Service at any time, either by cancelling your Contract through your user account options or by contacting us, in which case your Contract will expire at the end of the initial subscription term or current renewal period (as applicable). Please note that we shall be entitled to payment of all fees due, and shall not be obliged to refund any fees paid, up until expiry of the Contract but no further fees will be charged beyond this point.

Termination
We shall be entitled to terminate the Contract at any time if you are in material breach of the Contract (e.g. fail to pay fees) and either you fail to remedy the breach within the timescale we request or the breach is not capable of being remedied. We shall also be entitled to terminate the Contract if you become insolvent. Where we terminate the Contract due to your breach or insolvency we shall not be obliged to refund any fees you may have paid us. You shall likewise be entitled to terminate the Contract at any time if we become insolvent or if we are in material breach of the Contract (provided that you have given us 30 days written notice of the material breach and we have not remedied such breach in that timescale). Where you terminate the Contract due to our breach or insolvency, you shall be entitled to a refund of any fees paid for services which have not been performed.

6. Use of your account

Authorised Users
You may allow other people (“Authorised Users”) to access your Account and use the Service via your Account. The applicable limit on the number of Authorised Users who can access your Account in order to use the Service depends on, and will be detailed in, your chosen pricing tier and will be available to view on your user dashboard. You are responsible for your Authorised Users use of the Service.

Passwords
You must keep your password and account details secure and ensure that only you and Authorised Users access your Account. Each Authorised User shall keep a secure password for their own use of the Service via your Account. If you discover any unauthorised use of the Service you must promptly let us know.

7. Our service

Permitted use
Subject to you and all Authorised Users complying with these Terms, you may use, and permit Authorised Users to use, the Service via your Account for the purpose of development and testing of your computer games projects (“Games”). Your use is limited to integrating the Service into a Game and for adding features to a Game. You are not authorised to resell the Service. Other than permitted use of our Service within a Game via our Website, you are not permitted to make the Service available via a website or other medium.

Players
The “Players” are the individuals who play your Game or Games.  The terms of the “Prohibited Use” section below apply to Players as well as Authorised Users. As you make your Games available to Players, it is your responsibility to ensure that the same, or substantially the same, Prohibited Use terms are imposed by you as a condition of Players being able to access your Games.  Furthermore, we are entitled, without liability to you, to disable access to your Games, if these Prohibited Use terms are breached by a Player. You are limited to 100 Players per day when using the Service on a free trial basis.

Licence to use SDKs
Our SDKs can be downloaded and used free of charge.  Each SDK is licensed to you on a non-exclusive
asis for use with the Service and for no other purpose whatsoever.  Use of our SDKs is optional as you do not need to use our SDKs to be able to use the Service. We reserve the right to remove or update our SDKs at any time.

Changes to our service
We are entitled to amend the features of the Service at any time but will give you as much notice as is reasonably practicable.

8. Our rights in our service

The Service is our proprietary service, and all intellectual property rights in it and our SDKs are owned by, or validly licensed to, us. Software and related documentation provided in relation to the Service is only provided in relation to your use of the Service. Except where this is part of your legitimate use of the Service you are not permitted to copy, modify, republish, download, display or distribute all or any part of such software or documentation in any form or media or by any means. Nor are you permitted to reverse compile, disassemble, or reverse engineer such software or make use of such software or documentation to build a product or service which competes with our Service.

9. Your obligations

Prohibited use
You may use our Service only for lawful purposes and you are responsible for complying with the laws of the country from where you use the Service. You must ensure that you have all necessary permission and consents in place in relation to your use of the Service. You may not, and you warrant that you will not, use our Service:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or
effect.
• In any way that consistently breaches our Fair Usage Policy (set out below).
• To upload material or other content which does not comply with our Content Standards
(set out below).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To reproduce, reverse engineer, duplicate, modify, adapt, copy or re-sell any part of our Service.
• To bring an intellectual property infringement claim against us or to create a product or service which is in direct competition with us
• To access, without authority, interfere with, damage or disrupt any part of our Service, any equipment or network on which our Service is stored; any software used in the provision of our Service; or any equipment or network or software owned or used by any third party.
• Attempt to compromise any security measures we have put in place.

In the event of breach of any of your obligations under these Terms (including any breach of these warranties or our Content Standards), your right to use our Service will cease immediately and we reserve the right, without liability to you, to deactivate your Account. You will also be liable to us and indemnify us for any such breach. This means you will be responsible for any loss or damage we suffer as a result of your breach of these Terms.

Fair Usage Policy

You and your Authorised Users must keep within any fair usage limits that we advise you of in writing from time to time. If you fail to keep with such limits we will be entitled to terminate the Contract and in cases where there is severe excess usage which is interfering with the ability of others to use the Service we shall be entitled to remove your Games without notice and without liability to you and / or levy charges for excessive usage.

Content Standards
These Content Standards apply to any and all information, material or other content which you store, upload or publish during the use of our Service via your Account. These standards must be complied with in spirit as well as to the letter. We will determine, in our discretion, whether any content breaches the Content

Standards.
Content must not:
• be defamatory, obscene, discriminatory or racially offensive.
• facilitate or encourage illegal activity.
• depict sexually explicit images.
• infringe any copyright, database right, trade mark or other intellectual property right of any other person.
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• be likely to deceive any person or be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• promote unlawful violence or cause damage or injury to any person or property.

10. Payment
A monthly platform subscription fee is due in advance for use of the Service and platform usage fees are payable monthly in arrears. Such charges are non-refundable and the applicable rates for your pricing package are available on our Website or will be notified to you during your sign up process. It will be clear before you purchase any Service whether VAT or other applicable taxes are included in the price or not. You must provide valid credit card (or similar) details and any other contact and billing details as we may reasonably require, and you authorise us to bill such card on or after completion of the sign up process and periodically thereafter on a monthly basis. If we have agreed that you may provide us with approved purchase order information instead, we will invoice you on or after completion of the sign up process, and periodically thereafter on a monthly basis. You shall pay each invoice issued by us within 14 days of the date of such invoice. If payment is processed by credit card (or similar card) we will use a trusted third party payment provider. We don’t save or store your card details. Where your card payment is not successful we will contact you and may suspend access to your Account until payment has been made. If we have not received payment within 30 days after the due date, and without prejudice to any of our other rights and remedies we may disable your Account and access to all or part of the Services and shall be under no obligation to provide any or all of the Services while the invoice(s) concerned
remain unpaid. In addition interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of Bank of England from time to time, commencing on the due date and continuing until fully paid. We shall be entitled to increase our charges for the Service upon 30 days’ prior notice to you.

11. Your data
Ownership of your data
You are solely responsible for all the data (including Games) which you or your Authorised Users or Players enter or upload in using the Service (“Your Data”), and any intellectual property rights in Your Data will be owned by you.  However by submitting or posting Your Data on or through the Service you are authorising us to use it for the purpose of providing you with the Service. Data protection We shall comply with our, and you shall comply with your, respective obligations under the Data Protection Legislation (where “Data Protection Legislation” means (i) all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC); and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended; and (ii) any other European Union legislation relating to personal data and all other legislation and regulatory
requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.

Compliance
If we process any personal data on your behalf when performing our obligations under the Contract, then you acknowledge that you shall be the ‘controller’ and we shall be a ‘processor’ in respect of any such personal data (as the terms “personal data”, “processing”, “controller” and “processor” are defined in the Data Protection Legislation). You must ensure that you have all necessary consents and notices in place to enable lawful transfer of any personal data to us for the duration and purposes of this Contract.

Description of processing
The scope, nature and purpose of processing by us is the provision of our Service. The type of personal data will be set out in any content you upload or publish using the Service and the categories of data subjects are any individuals that may be referred to within such content. The duration of the processing is that of our retention period (set out below), unless you choose to delete particular content sooner or ask us to
continue processing on your behalf beyond this period.

Retention Period
We have the right to remove any of Your Data if you are in breach of your obligations under this section. If a Game is inactive for more than 24 months we reserve the right to remove the Game and delete all of Your Data relating to it. However, we will give you 30 days’ notice before we do so, and make Your Data available to you if requested during this period. We will provide written certification that Your Data has been deleted. Upon occurrence of any termination or expiration of the Contract, or where you remove a Game, we will retain all Your Data related to it for 24 months before deleting it, unless you request deletion of Your Data in which case the data will be deleted within 30 days from your request. We will provide written certification that Your Data has been deleted.

Our obligations
We shall, in relation to any personal data processed in connection with the performance by us of our obligations under this Contract:

• not transfer or store any personal data outside the EEA in order to perform the Service and our other obligations under the Contract without your prior written approval;
•process the personal data only in accordance with the terms of the Contract and any lawful instructions given by you from time to time;
•take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage. If such unauthorised or unlawful processing of personal data occurs, or if accidental loss, destruction or damage occurs, we shall promptly notify you within 24 hours, and we will take all reasonable steps to mitigate the effects and damages of such event;
•if we contract a sub-contractor which will be processing personal data, ensure that each sub-contractor has the same obligations as us with respect to personal data processed on your behalf;
•provide you with information about all sub-contractors which may come to process personal data;
•be liable for the acts and omissions of our sub-contractors to the same extent we would be liable if performing the services of each sub-contractor directly under these Terms;
•to the extent you do not have the possibility to correct, amend, block or delete personal data as required under the Data Protection Legislation, comply with any reasonable request by you to facilitate such action;
•provide, at your cost, reasonable cooperation and assistance in relation to responding to any request from a data subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments, audits and consultations with supervisory authorities or regulators; and
• ensure that access to personal data is limited to those personnel who require such access to perform our obligations under the Terms and that such personnel are obliged to keep the personal data confidential.

Use of sub-processors
We utilise sub-processors in the provision of the Service. Amazon Web Services (AWS) provides various hosting and data management functions and Stripe is used to provide payment services. By accepting these terms you consent to us appointing such sub-processors.

Your obligations
You warrant that:
• you are not aware of any circumstances likely to give rise to breach of the Data Protection Legislation (including any personal data breach);

• you have a lawful basis under the Data Protection Legislation to transfer the personal data to us for processing under this Contract and such use will comply with all Data Protection Legislation;
• you will promptly notify us of any action we must take to assist you with ensuring compliance with your obligations under Data Protection Legislation, including with request to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; and
• the personal data is necessary, adequate, relevant, accurate and up-to-date and you will notify us promptly of any changes to the personal data.

12. Availability of Service
We will use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except where we require to carry out maintenance although we will give you advance notice of this where we reasonably can. You are solely responsible for procuring and maintaining your network connections and telecommunications links in order to use the Service. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet including but not limited to firewalls.

13. Confidentiality
We each undertake to not, at any time, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by this section or this Contract. We each may disclose the other’s confidential information:

• to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under this Contract. We each shall ensure that such employees, officers, representatives, subcontractors or advisers comply with this section; and
• as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under this Contract.

14. Promotion
We shall be entitled to reference your name and the name of your Games in any marketing material we use for the Service and our business generally.  Where you have provided us with a logo or trade mark we are authorised to use this in relation to any such reference.

15. Aggregated data
You authorise us, notwithstanding any other provision of this Contract, to perform statistical analysis of Your Data for the purpose of creating anonymised aggregated data, which shall belong to ChilliConnect and may be licenced to third parties.

16. Liability
The Service is provided on an ‘as is’ basis and we do not guarantee that the service will be suitable for your intended use, that it will be bug free or that it will always be available. With exception for any liability in connection with 1) death or personal injury caused by our negligence; 2) for fraud or fraudulent misrepresentation; or 3) gross negligence or wilful misconduct, we shall not be liable for any loss of business, loss of profit, loss or corruption of data or for any indirect or consequential loss, and our total aggregate liability arising under the Contract or otherwise relating to the Service shall be limited to the total of the platform subscription fees (excluding usage fees) paid by you in the previous 12 months.

17. General legal provisions

Waiver
If we choose to waive any particular right we have under the Contract on any particular occasion this does not prevent us from exercising that right on another occasion.

Validity
If any part of the Contract is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Contract.

Assignation
You are not entitled to transfer or assign your rights and obligations under the Contract to anyone else without our prior written permission. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting a notice on the Website if this happens.

Force Majeure
We shall have no liability to you under the Contract if we are prevented from or delayed in performing our obligations under the Contract or from carrying on our business by acts or events beyond our reasonable
control.

Disputes
If there are any disputes arising out of your use of the Service or relating to the Contract then these will be governed by the laws of Scotland. If either party require to raise court proceedings in relation to any such dispute then these proceedings must be raised in Scotland.

Your concerns
If you have any concerns about material which appears on our site, please contact support@chilliconnect.com.

How to contact us
If you wish to contact us, please do so by email at support@chilliconnect.com.

If we have to contact you, we will do so by e-mail, by hand, or by pre-paid post to the address details provided by you when setting up, or updating, your Account.