GAME OF WHALES SDK TERMS AND CONDITIONS
Game of Whales Ltd., an Israeli private limited company, having its principal place of business at 10 Nahalat Yitzhak, Tel-Aviv, 6744809, Israel (“Game of Whales”, “we”, “us” or “our”) provides an analytics, monetization and optimization software-as- a-service (“SaaS”) for mobile applications enabling the tracking, analysis and optimization of users spending activities on mobile application (collectively, the “Service”), available to mobile application (“App”) developers and/or publishers (“Developer”, “you” or “your”) via Game of Whales’ website, available at: www.gameofwhales.com (the “Site”), by downloading Game of Whales’ Software Development Kit (“Game of Whales SDK”). These Game of Whales SDK Terms and Conditions (the “Terms”) govern your access and use of the Service and the Game of Whales SDK.
Acceptance of the Terms
By entering to, connecting to, accessing or using the Service and/or downloading or installing the Game of Whales SDK, you represent and warrant that you have read and understood the following Terms and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service, and you acknowledge that these Terms constitute a binding and enforceable legal contract between you and Game of Whales.
PLEASE READ THESE TERMS BEFORE USING THE SERVICES AND DOWNLOADING AND/OR INSTALLING THE GAME OF WHALES SDK. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SERVICE OR GAME OF WHALES SDK (OR ANY PART THEREOF) IN ANY MANNER WHATSOEVER. Please note that the Services and the Game of Whales SDK are currently in the beta stage of development and undergoing testing of certain of its features and functionality and you may therefore experience occasional issues while using the Services and the Game of Whales SDK.
Our Service collects information and data regarding the activities (including spending) of users’ of your mobile application (the “End Users” and “End User Data”, accordingly). We will process and analyze the End User Data using our proprietary software to optimize, increase monetization, and provide tools for optimized communication with End Users, manually or automatically in order to induce further actions by End Users. Our Service will generate analytic reports including graphs and statistics of the End User Data collected (the “Report”).
Account. In order to receive the Services, you must register to the Services and open an account (the “Account”). The Account will provide you with online access to all Reports and related services, including the provision of manual optimization tools and data relating to real- time purchases and other End User activities.
Login Credentials. You may open an Account by completing the registration form located at www.gameofwhales.com and providing a unique username and password (“Login Credentials”). You must provide accurate and complete information when opening an Account and keep your Account information accurate and up-to- date. You will remain fully and solely responsible for the maintenance, confidentiality, and security of your Account, including Login Credentials and the Account activities. Any action, instruction or activity occurring through any such Login Credentials shall be deemed to be provided and/or taken by Developer, and Developer shall be solely responsible for all activities occurring under such Login Credentials. You agree not to disclose your Login Credentials to any third party. If you forget your password, you can request to have a new password sent to your registered e-mail address.
Game of Whales SDK Installation and License
Integration and Installation. In order to access and use the Services, you must integrate Game of Whales SaaS by installing the Game of Whales SDK into your mobile application(s). The Game of Whales SDK will record and upload the End Users’ Data to our secured servers and cloud servers (the “Servers”).
License. Subject to your compliance with the provisions of these Terms, Game of Whales hereby grants you a non-exclusive, non-transferable, non-sub- licensable, fully revocable, limited license to install, access and use the Game of Whales SDK as part of your mobile application for the limited purpose of receiving the Services and in accordance with these Terms.
copy, modify, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble, in any way, any portion of the content made accessible by us on or through the Site, the Services and/or the Game of Whales SDK, any information, data, pictures, videos, text, graphics, software programs used by us in connection with the Site, the Services and/or the Game of Whales SDK and information, material and data obtained from or through the Site, the Services and/or the Game of Whales SDK in any way (collectively, the “Content”), or publicly display, perform, distribute, or otherwise use such Content, or permit others thereto, other than as expressly permitted under these Terms;
create a browser or border environment around the Site, the Services and/or the Game of Whales SDK and/or the Content, including any inline linking to any elements of the Site, the Services and/or the Game of Whales SDK or any part thereof, and/or frame or mirror any part of the foregoing;
interfere with or violate any other Developer’s right to privacy or other rights, or harvest or collect information about Developers of the Service without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
engage in any hostile activity towards the Site, the Services and/or the Game of Whales SDK or engage in any action or practice that reflects poorly on Game of Whales or otherwise disparage or devalue Game of Whales’ reputation or goodwill;
impersonate any person or entity or provide false information on the Service, whether directly or indirectly, or otherwise falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Game of Whales or any third party endorses you, your website, service and/or mobile application, your business, or any statement it makes, or present false or inaccurate information about and/or through the Service;
interfere with or disrupt the operation of the Site, the Services and/or the Game of Whales SDK, or the Servers or networks that host the Site or Service (or any part thereof) or that make the Site or the Service available, or disobey any requirements, procedures, policies, or regulations of such Servers or networks;
sell, transfer, lease, assign, license, or exploit for any commercial purposes the Site, the Services and/or the Game of Whales SDK or any access to Site, the Services and/or the Game of Whales SDK and/or Content and/or any part thereof;
create a database by systematically downloading and storing all or any unauthorized Content;
transfer or assign your Account's Login Credentials, even temporarily, to a third party;
bypass any measures which may be used to prevent or restrict access to the Site, the Services and/or the Game of Whales SDK;
reverse engineer, decompile, disassemble, or otherwise reduce to human-perceivable form the Site, the Services and/or the Game of Whales SDK;
modify, revise, enhance, alter, copy, emulate or make derivative works, or allow copies, emulations or derivative works of the Site, the Services and/or the Game of Whales SDK or any part thereof;
use the Site, the Services and/or the Game of Whales SDK, Content and/or any part thereof for any illegal or unauthorized purpose or in connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive environments;
record via video, photograph, take screenshots, or otherwise make available the Site and/or the Services structure (platform, user interface, etc.) or tutorial videos of Game of Whales to third parties; and
remove, or disassociate, from the Site, the Services, the Game of Whales SDK and/or Content any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®);
transmit, distribute, display or otherwise make available through or in connection with the Site and/or Service any content, which may infringe third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content; or
Exclusive Ownership. As between the Parties, you own and shall retain exclusive ownership of the End-User Data that will be stored on our Servers. You acknowledge and accepts that you will remain solely responsible for the End-User Data.
GAME OF WHALES MAKES BEST EFFORT TO PROVIDE YOU WITH THE OPTIMAL SERVICES AND THE BEST USER EXPERIENCE. NOTWITHSTANDING THE AFORMENTIONED, THE SERVICES AND THE GAME OF WHALES SDK ARE CURRENTLY IN THE BETA STAGE OF DEVELOPMENT AND THE SERVICE AND THE GAME OF WHALES SDK ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OTHER THAN AS EXPRESSLY PROVIDED UNDER THESE TERMS. GAME OF WHALES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SITE, SERVICE, GAME OF WHALES SDK OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GAME OF WHALES DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, SERVICE AND/OR GAME OF WHALES SDK; (II) THAT THE SITE, SERVICE AND/OR GAME OF WHALES SDK WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE, SERVICE AND/OR GAME OF WHALES SDK. GAME OF WHALES DOES NOT GUARANTEE THAT THE INFORMATION AND ANALYTICS, INCLUDING THE REPORTS, WILL BE FREE OF INACCURACIES OR ERRORS. GAME OF WHALES WILL NOT BE LIABLE FOR ANY LOSS, INJURY, LOSS OF PROFITS OR REVENUES, LOSS OF TIME, LOSS OF RESROUCES AND/OR OTHER DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF, OR IN CONNECTION WITH, ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON SUCH INFORMATION AND ANALYTICS PROVIDED THROUGH THE SERVICES AND/OR THE USE OF THE SITE, SERVICE AND/OR GAME OF WHALES SDK.
IN NO EVENT SHALL GAME OF WHALES OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT GAME OF WHALES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVEN SHALL GAME OF WHALES’ CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED AMOUNTS ACTUALLY RECEIVED BY GAME OF WHALES UNDER THESE TERMS DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH THE APPLICABLE CAUSE OF ACTION OR DAMAGE ARISES.
Indemnification Procedure. As a condition to the defense and indemnity set forth above, the Game of Whales Indemnitee or Developer, as applicable (the “Indemnified Party”) shall give the other Party (the “Indemnifying Party”) prompt notice of any such claim made against it and the Indemnifying Party shall be entitled, by written notice to such Indemnified Party, to assume sole control of the defense of any such claim, suit or proceeding, including appeals, negotiations and any settlement or compromise thereof (collectively, “Claim”), at its own expense, provided that: (a) no settlement, consent order or consent judgment which involves any admission of any liability or wrongdoing, or any act or omission on the part of the Indemnified Party may be agreed to by the Indemnifying Party without the Indemnified Party’s prior written consent, which shall not be unreasonably withheld or delayed; and (b) the Indemnifying Party shall keep the Indemnified Party informed of the status and progress of such Claim, the defense thereof and/or settlement negotiations with respect thereto. The Indemnified Party shall give the Indemnifying Party all reasonable assistance, at Indemnifying Party’s cost and expense, necessary in connection with such defense. The Indemnified Party shall have the right to employ separate counsel in the defense of any such claim and participate in the defense thereof.