Terms of Service Gamwit

Introduction:

GAMWIT is a Software as a service offered as a Proprietary Platform by BizAcuity Solutions Private Ltd specializing in Business Intelligence and Data Analytics. GAMWIT contains modules for Predictive and Visual Analytics that are utilized to provide a robust gaming analytics model. A reference to GAMWIT in this agreement is to be read as a reference to BizAcuity’s platform.

Acceptance of Agreement:

By creating a GAMWIT Account (“Account”) on gamwit.com (“Website”), you agree to follow and be bound by the terms and conditions of this Agreement. This Agreement is effective from the date of signing up on the Platform.

The following Agreement shall comprise the sections of Terms of Use (“Terms”), Privacy Policy, Cookie Policy and Security and in case of any conflict between the provisions contained in this Agreement and the Terms of Use, the provisions of this Agreement shall prevail.

You hereby represent and warrant that you have the lawful authority and capacity to enter into this Agreement and you will be referred as User or Member. If you sign up for GAMWIT on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

GAMWIT User shall for the purpose of this Agreement be individually referred to as “Party” andcollectively as “Parties”; All references to either Party shall unless repugnant to the context be deemed to include their respective successors, assigns, heirs or legal representatives as the case may. Any use of the aforementioned terminology in the singular, plural, capitalization are taken as interchangeable and therefore referring to the same.

NOW, THEREFORE, IN CONSIDERATION OF THE TERMS, CONDITIONS AND COVENANTS HEREINAFTER CONTAINED THE PARTIES HERETO HEREBY AGREE AS FOLLOWS:

1. Account

Access and use of GAMWIT is subject to the user registering and maintaining an account with GAMWIT. User shall ensure that information submitted during the registration process is accurate, current and complete, and shall update such information as necessary to ensure it so remains.

2. Subscription Plan:

2.1. Subject to the terms and conditions as set out herein, GAMWIT grants to the user a limited, personal, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform, in the manner set out herein, solely during the Term of this Agreement.

2.2. The user hereby subscribes to the Platform on the terms and conditions set out herein.

2.3. The features of the Platform shall be deemed to be accepted by the user unless the user notified GAMWIT in writing of a material defect in the Platform within ten (10) business days from the date of subscribing to the Platform. If material defects are identified in the Platform, GAMWIT shall have a reasonable opportunity to correct them, or provide a functional workaround.

2.4. Services agreed by the user shall collectively be referred to as “Subscription Plan” GAMWIT may provide for Free Trial on its Platform for a period of upto 30 days at its discretion. In the event GAMWIT offers Free Trial, the Free Trial offered will also be considered as a type of Subscription Plan. The Terms of Use shall also be applicable on the said Free Trial Subscription Plan. However, the free trial shall not create any vested right of any sort in User/ or any liability upon GAMWIT.

2.5. The User acknowledges that if the User subscribes to the ‘Subscription Plan’ the User shall enter into a separate ‘Consulting Agreement’ and shall be bound by the Terms and Conditions of that Agreement, in addition to the Terms of Use of this Agreement. The Subscription Plan as chosen by the user may be modified during the Term of the said Agreement. The user may change the modules and such modifications to the Subscription Plan shall be subject to and governed by the terms and conditions as set out in this Agreement.

2.6. In the event, GAMWIT offers a free trial on its platform, the User can subscribe to any one model and any one dashboard asset as a part of this free trial and platform functionality. This will be provided on an “AS IS” basis during the free trial period. The free trial period only applies to prospective Users and does not apply to existing Users who have a Subscription Plan. On the expiry of the free trial period, if the User does not wish to subscribe to the platform, this Agreement will automatically terminate. The User shall not have any right to use the Platform after the expiry of the free trial period. One Entity/ Individual is allowed to avail the offer of a free trial only once and if it is found that the free trial is being used by creating several accounts by or on behalf of the same Entity/ Individual/ Group Company/ Associates, the same shall be treated as ‘unauthorized use’ and GAMWIT reserves the right to receive the charges for such ‘unauthorized use’ by one and all and/ or take any other appropriate legal action in its sole discretion. GAMWIT, upon gaining knowledge of such ‘unauthorized use’, may at its discretion block such User(s).

3. Maintenance, Support and Upgrades

3.1. Support and Maintenance Services are included in the Subscription Plan and would be provided over email and chat with Service Level Agreement of 48 hours.

3.2. The user acknowledges that from time to time during the Term of this Agreement, GAMWIT may apply some Upgrades to the platform and/or the modules, and that such Upgrades may result in changes in appearance and/or functionality of the platform.

“Upgrades” means new versions of, and updates to the platform and/or its modules, whether for the purpose of fixing an error, bug or other issue in the platform or enhancing the functionality.

4. Termination and its effects:

4.1. Term:

These Terms shall remain in effect during the Subscription Plan period, unless earlier terminated according to the terms herein. The Subscription Plan shall automatically renew for successive terms, unless: (i) either party has notified the other in writing, at least 30 days prior to the relevant Renewal Period, of its intent not to renew, or (ii). The right to use and access GAMWIT has been terminated in accordance with the terms herein.

4.2. Termination:

GAMWIT, during the free trial period, can terminate this Agreement at any time with immediate effect without notice in writing to the User in the event the User is in breach of any of the terms of this Agreement.

4.3. Effect of Termination:

In the event that the Agreement is terminated in the manner as set forth hereinabove, GAMWIT shall not be liable or be required to perform any obligation in any manner whatsoever from the effective date of such termination.

5. Representations & Warranties:

Each Party represents and warrants -

5.1. Has lawful authority and capacity to enter into this Agreement and in case of a company, is a company validly existing and in good standing under the laws of the country of its registration;

5.2. Is duly authorized to enter into and execute this Agreement and is not barred by any contractual obligations to any third party from entering into and fulfilling its obligations hereunder and it holds all licenses, approvals and permits required by law to conduct its business;

5.3. There is no contract of any nature, operative and in force, to which it is a party or under which it may be otherwise bound or subject, which contain any terms or provisions that in any manner restrict, limit, prevent, prohibit or make unlawful the execution of this Agreement;

5.4. It has not in any manner breached the intellectual property of any third party in the set up and conduct of its business.

6. User's representations and warranties:

a) Assistance: All information provided by the User to GAMWIT is and shall be true, correct and accurate in all respects

b) Compliance with the law: It will not use the platform in a manner that:-

(i) is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; or

(ii) will disrupt a third parties' similar use or

(iii) violate the intellectual property rights of any third party

(iv) not violate or tamper with the security of the platform. If GAMWIT has reasonable grounds to believe that user is utilizing the platform for any such illegal or disruptive purposes, GAMWIT shall be entitled to suspend the subscription immediately with or without notice to User.

7. GAMWIT’s rights & obligations:

7.1. GAMWIT shall have the right to use information provided by the user to create and generate other reports and analysis, and for research, presentation and development purposes and not for any commercial use.

7.2. GAMWIT expressly reserves all rights of the Platform.

7.3. The User acknowledges that the information provided by them may be used for any lawful purpose, provided that the information is used only in an anonymized and aggregated form and in a manner that does not permit the identification of any users. The User shall use the Software and/or Services only for lawful purposes.

8. User’s Restrictions:

8.1. The User also agrees to refrain from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to the software. All formats, features subscribed by the user under this Agreement shall be used only for user’s internal business purposes, shall not be reproduced or copied in whole or in part.

8.2. The User shall not access, store, distribute or transmit any viruses, or any unlawful material during the course of use of the platform.

9. Indemnification:

9.1. The User shall defend, indemnify and hold GAMWIT and its officers, directors, employees, harmless from and against all losses, damages including attorneys’ fees imposed on, incurred or arising from or in connection with or relating to, claims, actions and/or allegations in the following cases:

a) Breach of representations and warranties (express and implied) contained in this Agreement;

b) Any and all third-party claims based upon the content of any communications transmitted by the User and/or customers of the user using the platform; and

c) Violation, infringement or misappropriation of any patent, trade secret. Copyright or other intellectual industrial or other proprietary rights;

10. Confidentiality:

Save as otherwise provided under this Agreement, the terms and conditions described in this agreement including its existence shall be confidential information and shall not be disclosed to any third party other than to the respective professional advisors, employees, agents, consultants on a need basis and provided that in each case the person to whom such confidential information is disclosed undertakes to keep it confidential.

11. Governing Law:

This Agreement shall be governed by the laws of India, without reference to conflict of laws principles. The Parties submit to the exclusive jurisdiction of courts located in Hyderabad, India. Each party shall have a right to seek equitable relief, including temporary restraining orders or injunctions, for breach or threatened breach of this Agreement. To the extent permitted under applicable laws, the Parties hereby specifically exclude the right of a third party to enforce the terms of this Agreement and this Agreement does not purport to confer a benefit on a third party; the Parties do not intend that any terms of the Agreement shall be enforceable by the third parties.

12. Limitation and Liability:

12.1. The agreement may be amended, modified, superseded, or canceled, and the same shall be updated online on the Website. GAMWIT hereby explicitly and specifically disclaims all warranties, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of merchantability or fitness for a particular purpose. GAMWIT does not warrant that the platform will perform error-free or uninterrupted. User further acknowledges that GAMWIT does not control the transfer of data over communications facilities, including the internet, and that the platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities;

12.2. Nothing in this Agreement is to be construed to make either Party a partner, an agent or legal representative of the other Party for any purpose.

13. Proprietary and Intellectual Property Rights:

User hereby acknowledges that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, service marks, etc. ) and other proprietary rights in and in relation to this Software is as part of this Agreement, including without limitation any derivatives, improvements or modifications of the foregoing shall vest wholly, completely and fully with GAMWIT throughout the territory of the world and the User shall have no right or claim to such intellectual property in any manner whatsoever.

14. Force Majeure

Neither Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to acts of God, government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure).

15. Changes to this Terms of Use:

GAMWIT may update/ add/ delete / modify the Terms of Use from time to time. Such updates/ additions/deletions shall be notified to the User and the same shall be posted as the Terms of Use on this page.

The User is advised to review the Terms of Use periodically to be updated about any such updates/additions/deletions. The changes shall be effective on the day they are posted on this page. The User shall be deemed to have accepted the updated Terms of Use thereinafter.

16. Privacy Policy:

16.1. GAMWIT is ISO 27001:2015 certified which demonstrates its strong commitment to information security, privacy, and compliance.

16.2. By using this Site and/or otherwise communicating with us, the User agrees to this Privacy Policy.

16.3. GAMWIT is committed to protect your privacy. This policy applies to any data we have collected about the User according to our Terms of Use. When the User uses the Site, or otherwise communicates with us (e.g. via email) the User will provide, and GAMWIT will collect, certain information, some of which can be used to personally identify and/or locate the User (“Personal Information”). By giving us this information, the User consent to your information being collected, used, disclosed as per our Terms of Use and Privacy Policy. This Privacy Policy describes and is intended to help the User understand what that Personal Information comprises, how GAMWIT uses that Personal Information, and what safeguards are in place to protect that Personal Information.

16.4. GAMWIT provides this Privacy Policy to the User to describe the ways it collects, uses, transfers, stores, secures and protects Personal Information, the ways the User can exercise your rights to access and control your Personal Information, and the complaint and recourse methods available to you.

16.5. Information Collected:

When the User uses GAMWIT, signs up for its services (or their organization’s administrator, sign up for our services), use GAMWIT or otherwise communicate with GAMWIT (e.g. via email), Personal Information will be collected by the site. The Personal Information collected inter alia are as follows, when the User explicitly provides such information.

• Name

• Business address

• Email address

• Phone numbers

• Any other information as may be required at the relevant time with the consent of the User.

• Any customer testimonial the User has given GAMWIT consent to share on the GAMWIT (Please also see below “Accessing, Correcting and Deleting Your Personal Information” for information about how to update or delete your testimonial).

• Information the User provides to GAMWIT’s Interactive Areas. Note that any information that the User posts in an Interactive Area might be read, collected, and used by others who access it. The User may take down any information the User have added to the Interactive Areas at any time. (Please also see below “Accessing, Correcting and Deleting the User’s Personal Information” for information about how to delete information we hold about the User). To request removal of the User’s personal information from an Interactive Area, please contact GAMWIT at info@bizacuity.com.

• Information the User provides via fillable forms or text boxes.

• Information about all the User’s interactions with the GAMWIT (“Usage Data”) and how the GAMWIT is performing (“Analytics Data”).

• Usage Data may include information regarding any interaction the User have with the GAMWIT, such as which functionalities are used and the frequency of use (e.g., pages visited, actions taken, queries run, fields added, user accounts, account roles, and connected database types).

• Information gathered through cookies, pixel tags, logs, or other similar technologies.

• If the personal information of a third party is provided to GAMWIT, it should be confirmed that they consent to the processing of their personal information and that they are informed about GAMWIT’s identity as a data controller and provided them with a copy of the Terms of Use and the Privacy Policy.

16.6. Disclosure of Information:

GAMWIT does not disclose the collected personal information with any third party other than to the respective professional advisors, employees, agents, consultants on a need basis and provided that in each case the person to whom such confidential information is disclosed undertakes to keep it confidential.

16.7. Retention of Data:

GAMWIT retains the User’s personal information only for as long as necessary for the purposes indicated in the Privacy Policy. GAMWIT will retain and use the personal information to the extent necessary for the compliance of legal obligations, resolving disputes and enforcing legal agreements and policies. GAMWIT would retain usage data for a short time either for internal analysis purposes only to improve its functionality or due to legal obligations.

16.8. Disclosure for Law Enforcement:

GAMWIT may be obliged to disclose the User’s personal information in certain circumstances in response to valid requests to public authorities (eg. to the court or a government agency)

16.9. GAMWIT’s use of Analytical Tools:

Notwithstanding other terms in the Privacy Policy, GAMWIT may collect and use information on how GAMWIT is accessed and used which does not fall in the category of Personal Information. GAMWIT uses various analytic tools to better understand the User’s needs and optimize GAMWIT’s service and user experience. These technologies help GAMWIT to gain insights into the user experience and enable GAMWIT to build and maintain the service based on user feedback. This data may include information such as the user’s computer’s internet Protocol Address (Eg. IP Address), browser type, browser version, the pages of GAMWIT’s Service that user visit, the time and date of user’s visit, the time spent on those pages, how User arrived at GAMWIT’s Site, unique device identifiers and other diagnostic data.

17. Cookie Policy:

17.1. Cookies are small data files that are placed on users’ devices to monitor how users interact with websites and other online services. Pixel tags, also called web beacons or single-pixel gifs, tag a graphic on a web page or in an email message that tracks pages viewed or email messages opened. Logs are continuous digital records of events and interactions that occur on a website. Cookies, pixel tags, and/or logs can be used to identify your IP address, browser type, domain name, and specific web pages through which the User click and/or email messages the User open. The said cookies could be disabled or deleted by changing the setting on your browser if they are not wished to be used. However, if the User disables the cookies, certain parts of the website may not be able to be accessed. Unless the User has adjusted their browser settings to refuse cookies, GAMWIT would issue cookies when User logs in to its Website.

GAMWIT may use cookies, pixel tags, and/or logs because they:

• Are essential for GAMWIT to provide our Website to;

• Help GAMWIT optimize, personalize and/or otherwise improve the User’s experience and/or the performance of the Site and its service and marketing-related communications with the User.

17.2. GAMWIT and its service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever the User interacts with GAMWIT or third-parties that use GAMWIT’s services. This information helps GAMWIT recognize the User, customize the User’s website experience and make GAMWIT’s marketing messages more relevant. Examples of this information include but are not limited to: pages the User visits, ads they click on, type of browser/device/hardware, IP based geographic location and search terms. These technologies also enable GAMWIT prevent fraud or other harmful activities.

17.3. Types of Cookies Used:

The cookies that are categorized as "Necessary" are stored on the User’s browser as they are essential for enabling the basic functionalities of the site.

GAMWIT also uses third-party cookies that help it analyze how the User uses this website, store their preferences, and provide the content and advertisements that are relevant to them. These cookies will only be stored in the User’s browser with their prior consent.

The User can choose to enable or disable some or all of these cookies but disabling some of them may affect their browsing experience.

17.3.1. Necessary:

Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting the User’s consent preferences. These cookies do not store any personally identifiable data.

17.3.2. Functional:

Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.

17.3.3. Analytics:

Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.

17.3.4. Performance:

Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.

17.3.5. Advertisement:

Advertisement cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns.

18. Security:

If a security breach causes an unauthorized intrusion into the User’s system that materially affects them then GAMWIT will notify them as soon as possible and later report the action taken in response. GAMWIT accounts require a username and password to log in. The user must keep their username and password secure, and never disclose it to a third party.

However, no method of transmission over the internet or method of electronic storage is 100% secure. Absolute guarantee of protection of User’s personal information cannot be made.

Terms Of Service