Partnership Terms and Service Agreement

1. Acceptance of Terms

By accessing, browsing, or using the PatchPulse platform, website, mobile applications, APIs, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree with any provision of these Terms, you are prohibited from using or accessing our Services.

These Terms constitute a legally binding agreement between you (either as an individual or on behalf of an entity) and PatchPulse Sp. z o.o. ("PatchPulse," "we," "us," or "our"). Your use of our Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms.

2. Description of Services

PatchPulse provides a comprehensive B2B analytics platform and resource hub specifically designed for game studios and developers. Our Services include:

• Analytics Platform: Real-time dashboards, reporting tools, and data visualization for game update performance analysis
• Benchmarking Services: Industry benchmarks, comparative analysis, and competitive intelligence for game performance metrics
• SDK Integrations: Software development kits and APIs for seamless data collection and platform integration
• Advisory Services: Strategic consultation, custom analysis, and expert guidance on live operations optimization
• Data Processing: Collection, analysis, and interpretation of gameplay telemetry, community sentiment, and performance metrics
• Custom Reporting: Tailored reports, specialized analysis, and bespoke research services
• Training and Support: Educational resources, technical support, and platform training services
• Community Resources: Access to industry insights, best practices, and networking opportunities
• Predictive Analytics: Forecasting tools and predictive models for update impact assessment
• Integration Services: Technical integration support and custom API development

3. User Accounts and Registration

Account Creation and Eligibility

To access certain features of our Services, you must create an account and provide accurate, complete, and current information. You represent and warrant that:

• You are at least 18 years old and have the legal capacity to enter into these Terms
• You have the authority to bind your organization to these Terms if registering on behalf of a company
• All information provided during registration is accurate, complete, and current
• You will maintain the accuracy of your account information and promptly update any changes
• You are not prohibited from using our Services under applicable laws or regulations

Account Security and Responsibilities

You are responsible for:

• Maintaining the confidentiality and security of your account credentials
• All activities that occur under your account, whether authorized or unauthorized
• Immediately notifying us of any suspected unauthorized use or security breach
• Using strong passwords and enabling available security features
• Ensuring that only authorized personnel have access to your account
• Regularly reviewing account activity and reporting any suspicious behavior
• Complying with your organization's internal security policies and procedures

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You may not:

• Illegal Activities: Use the Services for any illegal, fraudulent, or unauthorized purpose
• Security Violations: Attempt to gain unauthorized access to our systems, networks, or other users' accounts
• System Interference: Interfere with, disrupt, or damage our Services, servers, or networks
• Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to derive source code from our software
• Data Mining: Use automated systems to extract data without explicit written permission
• Competitive Use: Use our Services to develop competing products or services
• Harmful Content: Upload, transmit, or distribute malicious code, viruses, or harmful content
• Impersonation: Impersonate any person or entity or misrepresent your affiliation
• Spam and Abuse: Send unsolicited communications or engage in abusive behavior
• Terms Circumvention: Attempt to circumvent any limitations or restrictions imposed by these Terms
• Resource Abuse: Excessively consume system resources or bandwidth

5. Data Rights and Privacy

Your Data Ownership

You retain ownership of all data, content, and information that you provide to our platform ("Customer Data"). By using our Services, you grant us a limited, non-exclusive license to process your Customer Data solely for the purpose of providing our Services as described in these Terms and our Privacy Policy.

Data Processing and Security

We implement industry-standard security measures to protect your data, including:

• Encryption of data in transit and at rest using advanced cryptographic protocols
• Regular security audits, penetration testing, and vulnerability assessments
• Access controls, authentication mechanisms, and principle of least privilege
• Comprehensive backup and disaster recovery procedures
• Employee training and background checks for personnel with data access
• Compliance with applicable data protection regulations and industry standards
• Incident response procedures and breach notification protocols

Data Processing Agreement

For customers subject to GDPR or other data protection regulations, we will enter into a separate Data Processing Agreement (DPA) that governs our processing of personal data on your behalf.

6. Subscription Plans and Payment Terms

Subscription Services

Our Services are provided on a subscription basis with different tiers, features, and pricing options. Subscription details, pricing, and available features are described on our website and in your service agreement.

Payment and Billing

• Payment Terms: Fees are charged in advance on a monthly or annual basis as specified in your subscription plan
• Payment Methods: We accept various payment methods including credit cards, bank transfers, and other approved methods
• Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Price Changes: We may change our fees with 30 days' advance notice to existing customers
• Taxes: You are responsible for all applicable taxes, duties, and government fees
• Late Payments: Late payments may result in service suspension and additional fees
• Refund Policy: Fees are generally non-refundable except as required by law or specified in your agreement
• Billing Disputes: You must notify us of billing disputes within 60 days of the charge

Free Trials and Promotional Offers

Free trials and promotional offers, if available, are subject to additional terms and conditions. These offers are limited to one per customer and may require payment information for activation.

7. Intellectual Property Rights

Our Intellectual Property

The PatchPulse platform, including all software, algorithms, content, trademarks, logos, and intellectual property, is owned by us and protected by copyright, trademark, patent, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms.

Customer Content and Feedback

You retain ownership of your Customer Data and content. However, any feedback, suggestions, ideas, or recommendations you provide regarding our Services may be used by us without restriction or compensation to improve our Services.

Third-Party Content

Our Services may include third-party content, integrations, or links to external websites. We do not control or endorse third-party content and are not responsible for its accuracy, legality, or appropriateness.

8. Service Availability and Support

Service Level Commitments

We strive to maintain high service availability and performance, but we do not guarantee uninterrupted access to our Services. We may perform scheduled maintenance, updates, or improvements that may temporarily affect service availability.

Technical Support

Support services are provided according to your subscription plan and may include:

• Email support with defined response times based on issue severity
• Online documentation, tutorials, and self-service resources
• Phone support for higher-tier subscription plans
• Dedicated account management for enterprise customers
• Training sessions and onboarding assistance
• Technical integration support and consultation

9. Limitation of Liability and Disclaimers

Service Disclaimers

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by applicable law:

• Our total liability for any claims arising from or related to these Terms or our Services shall not exceed the amount paid by you in the 12 months preceding the claim
• We are not liable for indirect, incidental, consequential, special, or punitive damages
• We do not warrant that our Services will meet your specific requirements or be error-free
• We are not responsible for data loss, business interruption, or lost profits
• You acknowledge that you use our Services at your own risk

10. Indemnification

You agree to indemnify, defend, and hold harmless PatchPulse, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of our Services or violation of these Terms
• Your Customer Data or content provided to our platform
• Your violation of any third-party rights or applicable laws
• Any negligent or wrongful conduct by you or your authorized users
• Any breach of your representations, warranties, or obligations under these Terms
• Any disputes between you and third parties related to your use of our Services

11. Termination and Suspension

Termination by You

You may terminate your account and subscription at any time by providing written notice or using the account closure feature in our platform. Termination will be effective at the end of your current billing period.

Termination by Us

We may terminate or suspend your account immediately, with or without notice, if:

• You violate these Terms or our Acceptable Use Policy
• Your account becomes delinquent or payment fails
• We reasonably believe termination is necessary to protect our interests or other users
• You engage in fraudulent, illegal, or harmful activities
• We discontinue the Services or cease business operations

Effect of Termination

Upon termination:

• Your access to the Services will cease immediately
• We may delete your Customer Data according to our data retention policy
• You remain liable for all charges incurred before termination
• Provisions that should survive termination will continue to apply

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Poland, without regard to conflict of law principles. Any disputes arising from or related to these Terms or our Services shall be resolved through binding arbitration administered by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw, Poland, or in the courts of competent jurisdiction in Toruń, Poland.

Before initiating formal dispute resolution, the parties agree to attempt good faith negotiations to resolve any disputes. You may also have rights under consumer protection laws in your jurisdiction.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through:

• Email notification to your registered email address
• Prominent notices within our platform or website
• Direct communication for significant changes affecting your rights
• Updated "Last Modified" date at the top of these Terms

Your continued use of our Services after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of our Services.

14. Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and PatchPulse regarding the use of our Services.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, or government actions.

15. Contact Information

For questions about these Terms of Service, legal matters, or to report violations, please contact us: