TERMS OF SERVICE
Lastly updated on 30.07.2023
These Terms of Service (the “Terms”) set forth legally binding terms and conditions that govern your access to and use of Ratic Software Development Kit (the “SDK”), and services, tools and materials offered thereon as well as any other media, form, channel, website, or mobile application related, linked, or otherwise connected thereto.
The SDK is owned, operated, and distributed by Ratic, Inc., a company incorporated and validly operating in the United States of America and having the registered address of 16192 Coastal Hwy, Lewes, Delaware 19958, County of Sussex (hereinafter referred to as the “Ratic”, “Company“, “we”, and through similar words such as “us”, “our”, etc.).
Ratic SDK is a Software Development Kit that provides Game Studios to easily integrate some live-ops features into their games. By using the SDK; Game Studios can integrate and manage features like tournaments, leaderboards, in-app currencies, virtual items and their purchase systems, special offers through the dashboard we provide.
Through the SDK, Ratic provides an online gaming ecosystem for users and easy integration and management systems for Game Studios (depending on the case “Game Studio”, “you” or “your”) and benefit from the services offered thereon (hereinafter referred to as the “Service”).
For the purpose of these Terms, Ratic and you may individually be referred to as a “Party” and collectively as “Parties”.
- Agreement and Acknowledge
By downloading, accessing, using, and signing up the SDK, you acknowledge that you have read, understood, and agreed to be bound and abide by the provisions set forth in these Terms. In case of not accepting these Terms (or any part thereof), you shall cease your access to and/or use of the SDK and delete your account on the SDK immediately.
- Changes to the Terms
We reserve the right to update and modify these Terms by providing you with notice of updates and modifications.
In the event that the provisions in these Terms are updated and there is a provision against you under the current Terms, the updated Terms will be sent to you via a pop-up window on Ratic SDK or by e-mail to the e-mail address you provided, and you will be expected to accept the updated Terms. If you do not accept the updated terms, you shall immediately stop using the SDK and delete your account immediately if you have already created an account. You can delete your account by sending an email to email@example.com. Please note that we may close your account with us if it is inactive for 180 days.
If there is no provision against you in the updated Terms, you will only be informed about the updated Terms via a pop-up window on the SDK or an update e-mail to be sent to your e-mail address.
These Terms shall also apply, including without limitation to any new functions, features, or tools added to the SDK.
The most current version of these Terms may be viewed at any time on the SDK. It is in your best interests to periodically review the Terms for any updates, changes, or additions that may affect you.
Within the context of herein Terms, following terms shall bear the meanings ascribed to them below:
It shall mean the interface that Game Studios use to manage the SDK.
It shall mean a tablet, smartphone, and other electronic device(s) capable of operating the Game or the SDK with internet connection.
Force Majeure Event
It shall mean floods, earthquakes, or other comparable elements of nature or acts of God, wars, civil disorders, or revolutions in any country affecting the operations of Ratic, or any other event beyond the reasonable control of the non-performing party including without limitation failures of the internet or any public telecommunication network, denial of service attacks, viruses, or other malicious software attacks, given that the default or delay could not have been avoided or prevented.
It shall mean video game(s) playable on a Device. Occasionally can be referred as “App(s)”.
It shall mean a natural person or legal entity that published Game on application stores. Developers are also considered to be Game Studios in terms of this usage.
Game Studio Content
It shall mean any content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, post, identifying mark, page, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into the Games by a Game Studio.
It shall mean a virtual item that allows to benefit from the Services of Ratic and Game Studios and opportunities offered through SDK that can be earned by playing Games or purchased via Marketplace. Occasionally can be referred as “point(s)” or “Game Point(s)”
Intellectual Property Rights
It shall mean all registered or unregistered, registerable, or un-registrable intellectual property rights in whole or in part, anywhere in the world, and including without limitation copyrights, trade secrets, know-how, business names, trademarks, service marks, and patents.
It shall mean the services offered by Ratic about ongoing management and maintenance of some features of a mobile game. Leaderboard, special offers, tournament and duels can be an example for such features.
It shall mean in-App marketplace where the Users may review their Collectible inventory and In-app Coin balance, available Collectibles, and search, filter and purchase new Collectibles or in-App Coins with different features.
It shall mean the online secure payment system provided by the licensed payment institution that enables collections in the online environment.
It shall mean Ratic Software Development Kit. It allows Game Studios to easily implement and manage Live-Ops features listed in this term such as rewarding mechanisms, virtual items, tournament, special offers etc.
It shall mean any content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, post, identifying mark, page, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into the SDK.
It shall mean the person(s) who use the Game.
- Coverage and Usage of the SDK
The SDK provided within these Terms is to easily implement and manage live-ops features for Game Studios. You can manage your game features via dashboard. You can list your games in dashboard, add or remove games and you can choose whether you want to integrate the game with the SDK or not and you can also choose to integrate in different Application Stores. If you want to reward your users with in-app coins, you can buy it in dashboard too. Users can use their in-app coins to buy gift cards, in-game virtual assets, and other things you might want to offer in games like power-ups. When you get in-app coins you can allocate your coins in games as you like. You can also manage your events through dashboard. You can set an event or tournament on your game and manage rewarding the participants or winners with XP or coins. You can also set a region factor for different regions of the world if you want to, because earnings of the users may vary from region to region. You can also set daily limits to rewards. Ratic SDK automatically integrates leaderboards so that users can see their rankings between other players. You can also manage for other leaderboards than all-time leaderboards like weekly or monthly leaderboards.
Access to and Use of Services
You can use the SDK to integrate some features to your games and manage them. SDK requires a device to work on. Ratic aims to be inclusive in offering its Services; thus, Ratic will try to be operable in any operation system available in the market. However, please note that Ratic is not under an obligation to be operable in all operating systems. Program details will specify the minimum amount of memory and the version of the operating system required. Note any updates to the SDK may be subject to you downloading the most recent version of your Device’s operation system or updating other third-party software.
You are responsible for providing the equipment (phone, tablet, PC etc.) and paying any fees to connect to the Internet and Application Stores, and for data or cellular usage to download and use the Games.
Accessing the SDK and Account Creation
If the password used to login to the account is forgotten, the Game Studio may request that the password reset option be sent to the e-mail address specified during the account creation phase.
You will always be able to add some additional data to your profile or to change existing information by logging into your account on Ratic SDK and updating your profile.
We do not permit individuals under 18 years of age to use the SDK. Unless you are at least 18 years of age, you should not create an account or use the SDK in any means. By creating an account and using the SDK, you represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into these Terms and to abide by the provisions of these Terms.
Your account may be deleted without notice if we believe that you are under 18 years of age and you represent yourself as 18 or older, or you are over 18 and represent yourself as under 18.
You agree to keep your account accurate, complete, and with up-to-date information. Your failure to keep your account data accurate, complete, and up to date may lead to your inability to access to and your use of the Services or the SDK or your account’s termination by us and your In-App Coin balance and Collectible inventory are being cancelled and reset. Therefore, you must either make necessary changes on the account or inform us immediately of any changes on your information by emailing us.
By registering for an account, you agree to be liable for all activities that take place under your account and agree to always keep the safety and privacy of the login credentials. As a Game Studio, if you become conscious of or reasonably suspect any violation of safety, including without limitation any loss, theft, or unlawful disclosure or use of your account, you must promptly notify us. If we suspect that there is likely to be a breach of security or misuse of the SDK or your account, or violation of any obligation under these Terms, we may suspend or terminate your account and your use of the Service and the SDK and reset all In-App Coin balance and Collectible inventory till that instance. Such termination or suspension may be immediate and without notice.
We encourage you to ensure that you log out from your account at the end of each session. You should be cautious when accessing your account from a public or shared device, tablet etc. so that others are not able to view or record your email, password, or other information. We have the right to disable any password, or other identifiers, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms.
Ratic cannot and will not be held responsible for any loss or harm caused by your inability to maintain safety of your account and password. Thus, Ratic is not responsible for any loss or damage as a result of someone else using your account, email address, or password, with or without your knowledge.
IF YOU VIOLATE ANY PROVISION OF THESE TERMS, YOU HEREBY ACKNOWLEDGE AND ACCEPT THAT RATIC MAY TERMINATE OR SUSPEND YOUR ACCOUNT AND ACCESS TO THE SDK AND RESET ALL IN-APP COIN BALANCE AND COLLECTIBLE INVENTORY UNTIL SUCH TERMINATION OR SUSPENSION AT ITS SOLE DISCRETION. IN SUCH CASE, YOU HEREBY DISCLAIM AND HOLD RATIC HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY RESULTING FROM SUCH TERMINATION OR SUSPENSION AND ACCEPT NOT TO HOLD RATIC RESPONSIBLE FOR ANY CLAIMS FOR COMPENSATION, DAMAGE, OR REIMBURSEMENT IN THIS REGARD.
Our Services may enable Users to acquire certain virtual items, including virtual currency (e.g., in-App Coins), points, or similar items (collectively, “Virtual Items”). It is important to note that Users do not legally own these Virtual Items, and their value does not directly correspond to real-life monetary value, credit balance or currency. Users right to use these Virtual Items is limited to the license granted to them. Ratic licenses these Virtual Items to Users on the limited, personal, non-transferable, non-sublicensable and revocable basis. Additionally, any virtual currency or similar balance does not constitute a real-world balance or have any stored value but instead constitutes a measurement of the extent of Users’ limited license. It is important to note that In-App Coins have no direct monetary value, and they cannot be directly transferred to anyone or exchanged for real money, goods, or services unless the Users follow the steps specified in the following section called “Conversion of Virtual Items”. Ratic reserves the right to add, change, or remove any Virtual Item or their prices without any liability to you or to Users at any time. We may also limit the total number of Virtual Items that may be held in one account.
We may manage, control, modify or eliminate Virtual Items at any time. Where we intend to make changes or remove Virtual Items will provide you with as much notice as possible.
To the extent permitted by law, all purchases and redemptions of Virtual Items are final and non-refundable. If your access/account is terminated, or you delete the SDK you will not receive money or other compensation for unused Virtual Items, whether your loss of license under these Terms was voluntary or involuntary. You acknowledge that you are not entitled to a refund or compensation for any unused Virtual Items when you delete your account or the SDK.
Ratic singlehandedly decides on if and when Collectible feature will be available. After the Collectible feature becomes available, Ratic can choose to discontinue providing this service at any time. Ratic may provide Game Studios to create Collectibles for their own games and use the opportunities we provide with Collectible feature.
Conversion of Virtual Items
As it is noted, the Virtual Items on the SDK have no real value directly, and these Virtual Items cannot be converted to real money, goods, or services on the SDK. However, the Users may convert the Virtual Items through a Third-Party service provider into digital cards with specific real money value, goods, or services (“Conversion”).
In order to enjoy these conversion options, Users need to proceed with the burn of their Virtual Items and indicate how much they want to proceed with. After continuing and giving the approval for the transaction, the determined amount shall be burnt from the users account, and followingly the Users will be entitled to digital cards that have specific real money value, goods, or services, depending on the case.
Please note that the Conversion is an irreversible transaction, so once you proceed with the Conversion, and you are entitled to the gift card that was issued by our Third-Party service provider, you cannot revoke the action and claim your Virtual Items there burnt back on the App.
Fees and Payment Terms for SDK
For the usage of the SDK, we will charge you server fee and rewarding fee. The server fees will be charged monthly at the end of a billing month for the services provided. We may define a free usage for a certain Monthly Active Users (MAU) limit at our own discretion. However, if the MAU exceeds the predetermined limit, there will be a charge based on the specified pricing. The amount to be paid for exceeding the MAU limit will be determined at the end of the month and invoiced to the game studio to be paid in 30 days.
In cases where the game studio purchases points to reward players, there will be a fee of 15% of the total cost of the points acquired by the game studio.
All of the fees defined above are non-refundable.
We remind you that use of the SDK considered as commercial unless it is specifically expressed by both parties.
Game Studio’s Default on Payment
If the game studio defaults on any of the aforementioned payments, the usage of the SDK will be temporarily suspended. If the game studio fails to make the payment within 30 days, the data held under the services provided by the SDK will be deleted, and the usage of the SDK will be permanently terminated. In this situation, Ratic may delete your Account on the SDK and/or reset all In-App Coin balance and Collectible inventory as well. In this or any other situation Ratic does not guarantee the safety of your data about your games. Game Studio is responsible for the loss of their data and Ratic is not liable for any kind of data loss.
Fees and Payment Terms for Marketplace
It is important to note that, unless otherwise expressed, market prices of the Virtual Items are inclusive of all sales taxes and other charges. However, additional charges or taxes may be incurred, depending on your bank or the applicable law you are subject to, and we have no control over such additional expenses. We encourage you to check the applicable law and/or your bank’s policies before making any purchase.
We accept payment only via Payment Systems, which may have their own terms and conditions. We encourage you to read these terms and conditions before making any payment. Unless otherwise stated by Ratic, the Services offered within the scope of the SDK are provided in an electronic environment, and no physical delivery will be made to the Users.
When you click to purchase a Virtual Item, you are requesting us to start supplying the Virtual Item immediately and start to take payment. Payment will be taken from your preferred account, and the Payment System’s terms will apply. Ratic is not a party to the transaction between you and Payment System.
From time to time, we may provide certain promotional opportunities and contests to our Users. Please note that all such promotions run at the sole discretion of Ratic and can be activated, modified, or removed at any time without any prior notification. Ratic’s partners liability pursuant to such promotional opportunities and contests will be limited under these Terms.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Communications & Support
You may contact Ratic and share your questions, complaints and/or concerns about the SDK or the Services, through firstname.lastname@example.org or any other channel provided under the settings section.
Closing your account with us
If you have created an account with us, you can close it at any time by emailing us at email@example.com. Please note that we may close your account with us if it is inactive for 180 days.
Communications and Notification
Legal Communications and Service Announcements
The only way to opt-out of such messages is to cease using the SDK and delete your account. Ratic may send any communication through the email address or any contact information you provided through the SDK, and such communication shall be deemed to be received by you on transmission time, unless we receive notice that such contact information is invalid, in which case we may delete your account immediately and without prior notice.
Withdrawing Your Consent
Ratic disclaims all liability for any advertising or communication directed to you from any third party directly or indirectly in connection with the SDK (the “Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Ratic assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the SDK, you expressly relieve and hold Ratic harmless from any and all liability arising from Third-Party Communications, including any loss or damage incurred as a result of any dealing between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
- SDK Content and License Terms
The visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, materials, and content of the SDK, and the SDK as a whole, our devices including associated firmware, applications, software, websites, APIs, products, and services (collectively, the “SDK Content“) are protected by copyright, trademark, trade dress, patent, or other intellectual property rights. All SDK Contents are owned, controlled, or licensed by Ratic or its subsidiaries and affiliates. Any use of the SDK Content without Ratic’s express written consent is strictly prohibited. Ratic reserves all rights to the SDK Content not granted expressly in these Terms. Any material downloaded or otherwise obtained through the use of the SDK is done at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile phone or other device or loss of data that results from the download of any such material.
- License to SDK Content
The SDK provided to you are licensed to you and not sold. Ratic (and its licensors, where applicable) own all rights (including but not limited to copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations), in and to SDK and we reserve all rights (expect as per the limited license here). You have no intellectual property rights in or related to the SDK other than the right to use them in accordance with these Terms.
We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the SDK, Services, and contents therein solely as provided under these Terms, and not for redistribution of any kind (the “License”). This License does not include any resale of (i) the SDK, Service, or contents thereof, (ii) any personal information, (iii) any other content, material, Virtual Item, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, chat, post, identifying mark, page, software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into, the SDK and Services which are owned, controlled, or licensed by Ratic.
We retain all rights, titles, and interests in and to the SDK, including without limitation, (i) all texts, graphics, typefaces, formatting, graphs, designs, editorial contents, HTML, look and feel software, and data, (ii) all business processes, procedures, methods, and techniques used in the SDK, (iii) all other material and content uploaded or incorporated into the SDK such as the SDK Content, and (iv) all associated trade secrets and other intellectual property and proprietary rights recognized anywhere in the world (collectively, the “Company IP”). The Company IP is protected in all forms, media, and technologies currently known or to be developed hereinafter. The Company owns all Company IP, as well as the coordination, selection, arrangement, and enhancement of such Company IP as a collective work under intellectual property laws of any jurisdiction where the SDK is accessed, and all rights on the SDK, Services, and the SDK Content. The Company IP is protected by domestic and international laws regarding copyright, patents, and other proprietary rights.
The Company may revoke the License at any time for any reason or no reason and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.
Violation of the License hereunder or this provision may result in infringement of Intellectual Property Rights and contractual rights of the Company, Users, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the SDK Content which they make available on our SDK and Services. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the SDK Content, in whole or in part. When SDK Content is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain any ownership interest in such SDK Content. Modification of the SDK Content or use of the SDK Content for any other purpose, including, but not limited to, use of any SDK Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication, or otherwise. You represent and warrant that your use of the SDK, Services, and SDK Content will remain consistent with these Terms and will not infringe or violate the rights of any other party or breach any contract or legal duty against any other party or violate any applicable law. In order to request permission for using the SDK Content, you may contact Ratic through the channels dedicated for such use.
All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the SDK are the property of their respective owners. Reference to any product, service, process, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Ratic.
- User Content and License Terms
Our SDK and Services may allow you to create a username and an online identity which allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You own all rights, title, and interest in and to all of the User Content and are responsible for the User Content that you post to the SDK, including its legality, reliability, integrity, accuracy, quality, and appropriateness.
In the event of any loss or damage to User Content within the Service, the User’s sole and exclusive remedy shall be for Ratic to use reasonable commercial endeavors to restore the lost or damaged User Content from the latest backup of such User Content maintained by Ratic. Ratic shall not be responsible for any direct or indirect loss, destruction, alteration, or disclosure of User Content caused by any third party.
License to Client Content
We respect your right to ownership of User Content created or stored by you. You own the User Content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Ratic the license to use, reproduce, adapt, modify, publish, or distribute the User Content created by you or stored in your account for Ratic’s commercial, marketing, promotional or any similar purpose. However, posting or displaying User Content on the Services, you grant Ratic the right and license to host, run, reproduce, process, adapt, translate, access, copy, distribute, store, transmit and reformat the User Content of your account solely as required for the purpose of providing the Services to you in compliance with these Terms.
You promise that you have the right to share and use such User Content, that it and you will comply with the acceptable use policy when doing so. You agree that we may use your User Content for any purpose in connection with the Services (including re-posting it and sharing it) without any payment or obligation to you or anyone else. We may remove any potentially infringing User Content without notice.
Game Studio’s Responsibilities
Game Studio shall not post, upload or transmit any content that (i) is false, misleading or deceptive; (ii) is defamatory, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm to any person or group; (iv) involve violence or acts that threaten or encourage any person to engage in such violence or acts; (v) encourage illegal and/or harmful activities and materials that are prohibited by the applicable laws.
You hereby acknowledge and agree that Ratic does not actively monitor or police the Content posted or uploded through SDK (and has no obligation to do so) and you hereby disclaim and hold Ratic harmless from and against any and all liability resulting from your interaction with, or conduct towards, any Content. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE SERVICES. YOU BEAR THE SOLE BURDEN OF PROVING THAT YOUR CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
Game Studio acknowledge and accept that Ratic is entitled to remove, delete, block or rectify such Content at its own discretion and to, without prior notice, deny the Game Studio’s access to the SDK; (i) if any complaint based on such content is received; (ii) if a notice of infringement of intellectual property rights is received; (iii) upon order of a public authority; or (iv) where Ratic is made aware that the Content, while being accessible via the App, may represent a risk for Users, third parties and/or the availability of the Service. The removal, deletion, blocking or rectification of Content shall not entitle Game Studio that have provided such content or that are liable for it, to any claims for compensation, damages, or reimbursement. Game Studio agree to hold Ratic harmless from and against any claim asserted and/or damage suffered due to Content they provided to or provided through the SDK.
Notwithstanding the foregoing, Ratic reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred, and may, also at its sole discretion, delete the relevant Content, partially or completely deny, suspend, or terminate access to the Services to any infringing party.
RATIC DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENT, AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREIN. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY USER CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED OR OTHERWISE TRANSMITTED TO OR THROUGH THE APP OR SDK.
YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY USERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES THAT IS DEEMED DEFAMATORY, VIOLATES INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE LEGALLY ACTIONABLE. THE COMPANY IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER USER CONTENT POSTED OR MADE AVAILABLE ON THE APP.
- Usage Data
Usage Data includes but is not limited to query logs, and any data relating to the operation, support, and/or about Users’ use of the Services, App, or Ratic’s APIs and Game Studio’s use of the Services, SDK and App (“Usage Data”). Notwithstanding anything to the contrary in these Terms, Ratic may collect and use Usage Data to develop, improve, support, and operate its SDK, App and Services.
Ratic may also utilize data for its internal business purposes only to the extent such data has been aggregated and anonymized such that Users and Game Studios cannot be identified, and we will not sell, rent, or otherwise monetize any of that aggregated information.
- Access to the SDK and Availability of the Services
Saving the exceptions herein, the Game Studio shall have unlimited access to the SDK and the Services subject to the fulfillment of the obligations under these Terms. Ratic reserves the right to withdraw, amend or otherwise alter the functions of the SDK and any service, material, or content we provide through the SDK at our sole discretion and without any notice.
Certain features of our SDK may depend on the availability of Third-Party Services and the features and functionality they make available to us. We do not control Third-Party Service features and functionality, and they may change without any notice to us. If any Third-Party Service stops providing access to some or all of the features or functionality currently or historically available to us or stops providing access to such features and functionality on reasonable terms, as determined by Ratic in our sole discretion, we may stop providing access to certain features and functionality of our SDK and related Services. We will not be liable to you for any refunds or any damage or loss arising from or in connection with any such change made by the Third-Party Service or any resulting change to our SDK and related Services. You irrevocably waive any claim against Ratic with respect to such Third-Party Services.
Ratic shall make commercially acceptable attempts to guarantee the accessibility of the SDK and the Services during maintenance of or introduction of new services to the SDK, except that Ratic shall not be liable for, (i) planned downtime, or (ii) any unavailability precipitated directly or indirectly by conditions beyond Ratic’s realistic control including a Force Majeure Event or any violation of these Terms by any Game Studio or User.
We may at any time suspend your use of the Services and/or remove or disable any SDK and SDK Content as to which we reasonably and in good faith believe is in violation of any of these Terms. We will provide you with notice of any such suspension or disablement before its implementation unless such suspension or disablement is necessary to comply with legal process, regulation, order or prevent imminent harm to the Services or any third party, in which case we will notify you to the extent allowed by applicable law of such suspension or disablement as soon as reasonably practicable thereafter.
- Limitations on Use of the SDK (Acceptable Use Policy)
You are solely responsible for your all interactions with Ratic on the SDK or through the SDK. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful and illegal.
While using the SDK or the Services, you may not:
- defame, abuse, harass, stalk, threaten, or otherwise violate legal rights (e.g., rights of privacy and publicity) of Ratic or any other person, or use information learned from the SDK or SDK Content to defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate legal rights of Ratic or any other person;
- breach any international, federal, or local legislation, regulation, rule, or ordinance;
- contact Ratic to share information that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, or that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals;
- use the SDK or any Services other than for their intended purpose and/or for any purpose in violation of applicable local, state, federal, or international law;
- interfere with User’s use and enjoyment of any Game in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with users including harm to minors; or
- attempt to gain unauthorized access to the SDK or servers or networks connected to SDK (e.g., through password mining);
- spam, phish, pharm, pretext, or bot the SDK for any scandalous, obscene, or immoral purpose;
- interfere with or circumvent the safety measures of the SDK or the Services;
- attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the SDK or the Services;
- restrict or inhibit any other User from accessing and using the SDK and/or any Services;
- use a robot, spider, manual, and/or automatic process, or device to data-mine, data-crawl, scrape, or index the SDK in any manner;
- hack or interfere with the SDK, its servers, or any connected networks;
- adapt, alter, license, sublicense, or translate the SDK, or the SDK Content for your own personal or commercial use;
- modify or otherwise make derivative works of the SDK or SDK Content, or reproduce, distribute, or display the SDK or SDK Content except as expressly permitted under these Terms;
- remove or modify, visually or otherwise, any copyright, trademarks, or other proprietary marks and rights owned, controlled, or licensed by Ratic;
- use the SDK in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Ratic’s trade secrets for public disclosure or other purposes;
- use, transfer, distribute, or dispose of the SDK or the SDK Content in any manner that could compete with the business of Ratic; or
- advocate, encourage, or assist any third party to engage in the foregoing restricted activities listed above.
Any use of the SDK or the SDK Content by violating the principles listed above without the prior written permission of Ratic is strictly prohibited and will terminate these Terms, the License, and your access to the SDK automatically. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and Ratic will take appropriate investigative and legal action for such illegal or unauthorized use.
- Third-Party Services
SDK may include embedded third-party content or links (such as hyperlinks) to third party sites, apps, Games, resources, contents, or services that are not owned or controlled by Ratic (collectively, “Third-Party Services”).
When you access Third-Party Services, you do so at your own risk and judgement. Third-Party Services are not under our control, and you acknowledge that Ratic is not responsible or liable for the content, function, accuracy, legality, appropriateness, or any other aspect of Third-Party Services. If you believe any Third-Party Services violate applicable law or may be inappropriate, please notify Ratic. The inclusion of any Third-Party Services does not imply any association between Ratic and their operators.
By using SDK and Services thereof, you expressly relieve and hold Ratic harmless from any and all liability arising from your use of any Third-Party Services, including any loss or damage incurred as a result of any dealing between you and any third parties, or as a result of the presence of such Third-Party Services on the SDK or failure of such Third-Party Services to function as intended. It is your responsibility to evaluate content and usefulness of the information obtained from third parties.
- Data Protection and Privacy
Before sharing your data, we will take steps designed to ensure that any Third-Party Service provider maintains commercially reasonable data practices for maintaining the confidentiality and security of your data and for preventing unauthorized access to such data. We do not share your data with third parties for their own marketing purposes.
Ratic hereby represents and warrants compliance with relevant legislations, rules, regulations, directives, and guidelines (jointly, the “Rules”) on the compilation, use, and disclosure of information and data gathered from or about the Users relevant to access or use of SDK or the Services.
The Rules include without limitation (i) United States federal and relevant state laws with regards to data collection and data privacy including if applicable, California Customer Privacy Act (“CCPA”); and (ii) if applicable, the Data Protection Directive and the General Data Protection Regulation (“GDPR”) brought by the European Union, or any other Rules of another jurisdiction or rules, laws or any other part of the legislation issued by the relevant data protection authorities, and any amendments and changes thereof or laws as may be repealed or succeeded.
Our Services are not intended to hold any Sensitive Information. You represent and warrant that you will not use our SDK and related Services to transmit, upload, collect, manage, or otherwise process any Sensitive Information. WE WILL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF OUR SDK AND SERVICES IN TRANSMITTING, COLLECTING, MANAGING, OR PROCESSING ANY SENSITIVE INFORMATION.
Publicly Available Content
Any personal data, identifier, or any other information regarding Users (at this stage, only usernames and profile images/avatars if chosen) shall only appear for reference purposes and/or on leaderboards only if Users’ In-app earnings reach a rank competing with other Users’.
Private content provided by Users shall stay private and will not be shared with any third parties or accessed by Ratic without the User’s explicit consent pursuant to the Rules.
If you provide Ratic any feedback or suggestions (“Feedback“) through any medium including on request through a feature or to us directly or via an App Store, Ratic will treat any Feedback as non-confidential and non-proprietary. Ratic will be free to use such Feedback on an unrestricted basis, without any compensation to you or any third party.
- Representations and Warranties
Mutual Representations and Warranties
Each party hereby represents and warrants to the other party that, (i) such party has the necessary power and authority to be bound by these Terms; (ii) compliance with these Terms and fulfillment of the obligations hereunder do not and will not, to the best of each party’s knowledge, violate any other agreement to which it is a party; (iii) no other restriction, limitation or contractual or statutory obligation exists preventing a party from fulfilling its obligations hereunder; and (iv) these Terms constitute a legal, valid and binding obligation when agreed upon by both parties.
Our Representations and Warranties
We hereby represent and warrant that, (i) we will have all necessary rights, licenses, know-how, expertise, and experience needed to operate the SDK and provide the Services hereunder; (ii) are the sole proprietor of the SDK and the Company IP (to the extent permitted in these Terms) on the SDK and have all legal rights, licenses, and authority to provide you with the SDK or the Services as stipulated herein; (iii) the SDK shall also comply with all relevant legislations and regulations when used by you in accordance with these Terms; (iv) to our knowledge, the SDK does not contain any malicious code or viruses; and (v) we have and will maintain and apply our own industry-standard company policies.
Your Representations and Warranties
You represent and warrant that (i) all information you submit to the SDK or through the Services or shares with Ratic (if any) is true, accurate, current, and complete, (ii) you are the sole owner of all rights, titles, and interests in, or have obtained all necessary rights and licenses from the applicable owner of, any information you submit including User Content shared on the SDK and (iii) such information, when used for the purposes in which it is submitted onto Ratic, does not infringe the rights of any third party, including without limitation, Intellectual Property Rights, proprietary rights and rights of publicity/privacy. You will be solely responsible for all information that you submit on or through the SDK or share with Ratic and will use SDK solely for the permitted purposes as defined by these Terms and shall not interfere with the integrity or performance of the SDK as articulated by the section of Limitations on Use of the SDK.
BY ACCESSING AND USING THE SDK, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO REACH THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE).
Disclaimer of Warranties
Except as expressly set forth herein, Ratic does not warrant, or make any representation (expressly or impliedly) regarding (i) the results obtained from benefiting the SDK or the SDK Content will be wholly accurate, entirely reliable, complete or truthful, or (ii) the quality of any Service, Game, information, or other material acquired or obtained by the User through the SDK or the Service will meet his/her expectations or fit for a particular purpose or that any faults in the Service will be amended, and (iii) the SDK and the Services will be provided on an uninterrupted, secure or error-free basis. The SDK, the Services(and any part thereof), including without limitation any content, data, and any information related thereto, are provided strictly on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express, implied, or statutory. Ratic makes no representation concerning the benefits or outcomes obtained from the Games, SDK and/or the Services by the User or any third party.
The SDK or the Services may become inaccessible, or it may not function properly with Users’ browser, mobile device, and/or operating system. Ratic cannot be held liable for any perceived or actual damages arising from content, operation, use of or inability to use the Games, SDK or the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SDK AND SERVICES IS AT YOUR SOLE RISK. THE SDK AND SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. RATİC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RATIC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF SDK AND THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SDK, SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM RATIC, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
ALTHOUGH RATIC ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SDK.
Prohibition of Disclaimer of Implied Warranties
Some jurisdictions may not allow exclusion and limitation of certain implied warranties. The above exclusions may not apply to Game Studios or Users, falling within the scope of such jurisdiction’s competence. These Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers and exclusions under these Terms shall not apply to the extent prohibited by applicable laws.
- Limitation of Liability
If Ratic’s performance of its obligations under these Terms is prevented or delayed by any act or omission of User or any third party, Ratic shall not be deemed in breach of its obligations under these Terms.
In no event will Ratic, it’s developers, affiliates or their licensors, service providers, employees, agents, officers or directors be liable for defects or damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the SDK or any Service or any other apps linked to it and any content on the SDK(including the SDK Content) or such other apps including any direct, indirect, special, incidental, consequential or punitive damages, and also including but not limited to, personal injury, pain and suffering, emotional distress, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
TO THE EXTENT PERMITTED BY LAW RATIC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SDK OR ANY MATERIALS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SDK AND OUR SERVICES.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY THIRD-PARTY SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES, OR ACTIVITIES OF THIRD PARTIES, OR ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
WE ARE NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING USER CONTENT AND ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. WE DO NOT CONTROL OR VET CONTENT AND ARE NOT RESPONSIBLE FOR ANYTHING POSTED, TRANSMITTED, OR SHARED ON OR THROUGH OUR SERVICES
None of the Games in question reflect real life. Users accept and declare that they are aware of this fact. Accordingly, Ratic will not be held responsible for any negativities that may arise in any way.
Ratic can create stories and/or scenarios for Ratic SDK to attract more people’s attention; this plot contains fictional and cinematic elements that do not reflect reality. Accordingly, none of the information on Ratic SDK points to a situation in real life. Users accept and declare that they are aware of this fact. Accordingly, Ratic will not be held responsible for any negativities that may arise in any way.
None of the information, figures, videos, and similar things in the Ratic SDK constitute an offer, advice, direction or similar thing regarding investment, the User accepts that Ratic does not make any commitments and Ratic is not liable for them.
The opportunities and Services offered through Ratic SDK do not concern real institutions and organizations. Users accept and declare that no action can be taken based on the facilities and Services offered in Ratic SDK. Therefore, Ratic cannot be held responsible for damages caused by or resulting from fictitious and unrealistic information. Users are aware that Ratic SDK will only be a Live-Ops integration platform; Therefore, Users agree, declare, and undertake to relieve Ratic from liability for any damage or cost arising from an information presented on the Ratic SDK.
Some of the features may appear with the phrase “Coming Soon” within the Ratic SDK. However, Ratic is under no obligation to add any of the features it offers with the phrase “Coming Soon”. Users accept and declare that the practice of providing information about the Services to be offered with the phrase “Coming Soon” is not a commitment or similar legal will. Ratic does not have to make any of the features available that it presents with the phrase “Coming Soon”, Ratic can any time stop adding these features to the Ratic SDK, and Users and Game Studios cannot hold Ratic responsible for not making these features available.
RATIC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SDK OR ANY MATERIALS ON THE SDK OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SDK AND DELETE YOUR ACCOUNT ON THE SDK.
We are not responsible for any disputes or disagreements between you and any third party you interact with using the SDK. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Ratic of all claims, demands, and damages in disputes among users of the SDK. You also agree not to involve us in such disputes. Use caution and common sense when using our Service.
This Limitation of Liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or whatsoever, even if Ratic has been advised of the possibility of such damage.
Prohibition of Limitation of Liability
Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages; therefore, above limitations or exclusions may not apply to Game Studio or User falling within the scope of such jurisdictions’ competence. These Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law.
Our Indemnification Obligations
We agree to defend you against any claim, suit or proceeding brought by third parties (the “Claim(s)”) arising from or relating to our violation of a third party’s Intellectual Property Rights directly arising out of your use of the SDK in accordance these Terms and will indemnify and hold you harmless against any damages and costs awarded against you or agreed in settlement by Ratic (including reasonable attorneys’ fees) resulting from such Claim. Ratic shall have no indemnification obligation with respect to any Claims arising out of or related to (i) User Content, (ii) your violation of any applicable laws, (iii) your violation, whether alleged or actual, of any third party rights, including but not limited to data protection and privacy rights; (iv) your violation of these Terms; (v) your negligence, willful misconduct, or fraud; (vi) your failure to use any enhancements, modifications, or updates to the SDK that have been provided by Ratic; (vii) modifications to the SDK by anyone other than Ratic; or (viii) combinations of the SDK with software, data or materials not provided by Ratic.
Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless Ratic and its affiliates, co-branders, partners, shareholders, employees, agents, representatives, and/or independent contractors (“Ratic Affiliates”), to the maximum extent permitted, from and against all costs, damages, demands, Claims, and losses, including legal expenses resulting from any claim by third parties that (i) User’s use of the SDK Content or other material infringement of any rights of the third parties, including without limitation, breach or violation of the Intellectual Property Rights or privacy rights of such third parties; (ii) the information shared with Ratic or submitted or via other the channels dedicated for such use is obscene, defamatory, illegal, unethical, or promotes illegal conduct; (iii) the User has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms; (iv) Game Studio’s use of the SDK, the SDK Content or other material infringement of any rights of the third parties, including without limitation, breach or violation of the Intellectual Property Rights or privacy rights of such third parties; and (v) the User breaches (de facto or presumably) any of its representations, warranties, and/or responsibilities under these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Unlawful Activity and Termination of Access to the SDK
Ratic may terminate these Terms immediately in its sole discretion and without any prior notice or liability against you, or suspend or terminate your use of, or access to the SDK or delete your Account on the SDK and/or reset all In-App Coin balance and Collectible inventory, at any time for any reason and under any conditions, including without limitation, if it is reasonably believed in good faith that you have violated or acted inconsistently with these Terms or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable.
Ratic may terminate your account (or any part thereof), your password, or use of the SDK, or remove and discard any information stored, sent, or received via the SDK, reset all In-App Coin balance and Collectible inventory, without prior notice and for (i) concurrent access to the SDK with identical login credentials, (ii) permitting another person or entity to use your login credentials to access the SDK or the Services, (iii) any other access or use of the SDK or Services except as expressly provided in these Terms, (iv) any violation of the terms and conditions of these Terms or the rules and regulations relating to the use of, software and/or data files contained in, or accessed through, the SDK, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the SDK.
If we end these Terms with you to use the Services or restrict your access to any part of the Services, we may in our discretion delete certain data relating to your use of the Game or disable access to it. This may include, for example, saved Games, high scores, or your position in a league table. If we end our contract with you to use the Services, or restrict access to any part of our Services, we may also delete any in-game purchases or Virtual Items you have obtained, and you will no longer be able to use those purchases and will not get any refund. For the purposes of the SDK this may include Game Settings, special offer preferences, records of game material such as leaderboards and tournament information.
In case you violate any provision of these Terms, you accept, declare, and undertake that Ratic may terminate or suspend your account and access to the SDK and reset all In-app Coin and Collectible you inventory until such termination or suspension at its sole discretion. In such case, you hereby disclaim and hold Ratic harmless from and against any and all liability resulting from such termination or suspension and accept not to hold Ratic responsible for any claims for compensation, damage, or reimbursement in this regard.
In case you violate any provision of these Terms, you accept, declare, and undertake that Ratic may terminate or suspend your account and/or access to the SDK at its sole discretion. In such case, you hereby disclaim and hold Ratic harmless from and against any and all liability resulting from such termination or suspension and accept not to hold Ratic responsible for any claims for compensation, damage, or reimbursement in this regard.
Termination by User
You may terminate these Terms at any time by ceasing to access or use the SDK and delete your account. However, sections of these Terms which by their nature should survive the expiration or termination will remain in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms, as stipulated in the section of “Following Termination”.
- Following Termination
Upon expiry or termination of these Terms for any reason, all rights of the User and any Services shall be terminated instantly.
The clauses “Definitions”, “Disclaimer and Warranties”, “Limitation of Liability”, “Indemnification”, “Unlawful Activity and Termination of Access to the SDK”, “Following Termination”, “Governing Law”, “Severability” and “Miscellaneous Provisions”, shall survive expiry or termination of these Terms and all commitments of both parties under these Terms shall cease to be fulfilled.
If any part of these Terms is found to be unlawful, void, or otherwise unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only. The unlawfulness, invalidity, or unenforceability of such a clause shall in no way influence or render any other part of these Terms, unlawful, void, or otherwise unenforceable, and generally, shall be reformed, construed, and implemented in such a way that reflects intent of the Parties as conveyed in these Terms with its nearest lawful effect.
In any jurisdiction, the fact that any provision of these Terms is held to be unlawful, void, or otherwise unenforceable, shall have no effect on the legality, validity, or enforceability of such provision in other jurisdictions.
- Miscellaneous Provisions
The headings used in these Terms are for reference reasons only and do not influence understanding and interpretation of these Terms.
Ratic’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such or other right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
In order to ensure the utmost possible service level, Ratic reserves the right to interrupt the SDK for maintenance, system update or any other change, through informing the Users appropriately.
We will not be liable for any reason if all or any part of the SDK and/or the Services is unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all parts of the SDK to the Users and Game Studios.
Within the limits of relevant legislation, Ratic may also decide to suspend or terminate the Services altogether. If the Services are terminated, Ratic will cooperate with Users to enable them to withdraw personal data or information in accordance with applicable law.
Additionally, the SDK or any Service might not be available due to reasons outside Ratic’s reasonable control, such as “Force Majeure”.
Remedies Not Exclusive
Except as expressly stated herein, no remedy is designed to be excluded from any other remedy that is not available under these Terms or in law or in equity.
These Terms are not exclusive.
No Strict Construction
Where an ambiguity or issue occurs with regards to any clause of these Terms, the Terms shall be construed as if collectively approved by the Parties and no presumption or burden of proof shall occur to favor or disadvantage of either Party by virtue of the authorship on these Terms.
Without prior written approval of Ratic, these Terms or any rights or obligations conferred thereunder may not be transferred and delegated by the Users. Any attempt to grant, without such approval, any rights or responsibilities arising from these Terms shall be null and void ab initio.
Ratic reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, by taking the Users’ legitimate interests into account. Provisions regarding change of these Terms shall apply accordingly.
You may not transfer the SDK (or any Virtual Items) to someone else, whether for money, for anything else or for free. If you sell any device on which the SDK or a Game connected to Ratic account is installed, you must remove the SDK and relevant Game from it. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
Ratic may transfer its rights and obligations under these Terms to another organization. We will always tell you in writing if this happens.
These Terms constitute the entire agreement between the parties on the subject matter of the Terms and supersede any and all prior written or oral agreements and/or communications relating to the subject matter thereunder.
None of the parties shall be responsible for any error or delay in fulfilling any of their corresponding obligations arising from these Terms if a Force Majeure Event prevents them from doing so.
Unless the context requires otherwise, (i) the singular includes the plural and vice versa; (ii) if any act which shall be performed in accordance with these Terms is to be done on a day that is not a business day then the act must be performed on or before the next business day; (iii) a reference to any legislation or law includes all amendments, consolidations or other provisions thereof, (iv) a reference to a natural person shall mean including without limitation a partnership, joint venture, association, government or legal body or legal entity and vice versa shall be interpreted herein.
Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version prevails.
Independent Legal Advice
Game Studio and User recognizes and accepts that it has had the chance to read these Terms, agrees with its provisions, and has been given a chance to seek independent legal advice on the Terms’ provisions before acknowledging them.
These Terms are governed by, and shall be construed and enforced in accordance with, the laws of the State of Delaware, without giving effect to any conflict of laws rules.
Any legal suit, action or proceeding arising out of or relating to these Terms shall be instituted in a court of competent jurisdiction located in the State of Delaware, the United States of America.
The Game Studio, User and Ratic irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The User hereby waives any objection based on forum non convenient and waives any objection to venue of any action instituted hereunder. Except as may be required by law or to enforce an order or award, the User or any of his or her representatives may disclose the existence, content, or results of any negotiation or litigation proceeding without the prior written consent of Ratic.
- Contacting Us and Support
If a dispute arises between you and Ratic, Ratic encourages you to first contact Ratic directly to seek a resolution by opening a help ticket directly in-app via the help section or using the contact details below.
You may contact us and share your questions, complaints and/or concerns about the SDK or the Services, through firstname.lastname@example.org or any other channel dedicated for such use.