Our Terms and Conditions

TERMS OF USE Serious Games.Studio (Terms and Conditions)

 Version 1, as of 1/1/2022 

1. SCOPE

• Description of Serious Games.Studio in general

• What and who is PROF2B Technology Ltd.

• Use of the gaming platform in general

2. TERMS OF ACCEPTANCE (T & C)

Except as otherwise provided in a separate signed agreement between your company and Serious Games.Studio, for the use of the Serious Games.Studio content or any linked forum, wiki, blog, download, or other services available on the Serious Games.Studio platform or its webpage are provided, and these terms and conditions are valid. This T & C document is a legally binding agreement between you and Serious Games.Studio (contractual partner: PROF2B Technology Ltd.) in relation to accessing or using Serious Games.Studio. By signing any offer made in writing by Serious Games.Studio, you accept and agree to be bound by the terms of these T & C.

3. CHANGES AND NOTICES

Serious Games.Studio reserves the right to make changes to these T & C and to modify, change or discontinue all or part of Serious Games.Studio and/or networked services at any time. Serious Games.Studio will inform you in good time about changes to these terms and conditions. Serious Games.Studio may make changes to its products, service offerings, or the services and gaming platform software at any time without notice. Contractually guaranteed services are not affected. The most current version of these T & C can be accessed at any time by clicking on the webpage (serious games.studio). The version valid at the time the contract is concluded is decisive. These general terms and conditions also apply to all future contractual relationships, even if they are not expressly referred to in additional contracts.

4. YOUR INFORMATION AND PRIVACY

You understand and agree that Serious Games.Studio collects and stores your corporate, personal (company data, data of game participants, game moderators, game instance managers) and usage data and uses this data for further evaluation and use, as well as the improvement or provision of further services processed. In any case, data to be collected, stored, and processed includes company data that is needed for business cooperation. In any case, the following are required for the provision of the gaming platform data collected, stored, and processed for: players, moderators, game instance managers, email addresses, game decisions, quiz entries, feedback entries, evaluations of game progress, and game results, personal notes in the game cabinet. All of these data are exclusively directly related to the selected game(s) on the Serious Game.Studio platform. Due to the nature of the gaming process, this data is essential and necessary for the application and operation of the gaming platform and the selected gaming content. Serious Games.Studio regularly and automatically evaluates the statistical data on the course of the game, game quality, and scoring of the teams and individual participants in order to obtain desired game results such as scoring and successes in the course of the game. Companies and individual participants must inform Serious Games.Studio before the start of the game that an evaluation is expressly not desired. It is expressly noted that this may not result in the educational gameplay providing the desired and expected results. Temporarily, Serious Games.Studio may collect and use credit card numbers and expiration dates to process a transaction. Collection and processing of credit card numbers and expiration dates are subject to a separate agreement. In any case, all personal data will be treated confidentially and in accordance with the Austrian Data Protection Act and the GDPR. You agree that Serious Games.Studio may access, store and disclose your personal information and/or content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that Serious Games.Studio content violates the rights of third parties; or (iv) protects the rights, property, or personal safety of Serious Games.Studio. Serious Games.Studio undertakes to maintain absolute secrecy about all business matters that come to its knowledge, in particular business and trade secrets as well as any information that it receives about the type, scope of operations, and practical activities of the client and all game participants involved in the games. Serious Games.Studio keeps this duty of confidentiality bound to any assistants and representatives that it uses. The confidentiality obligation is completely transferred to them and Serious Games.Studio is liable for their violation of the confidentiality obligation as for their own violation.

5. COPYRIGHT AND LICENSE USAGE

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works (e.g. articles, podcasts, videos, samples,…) constitutes a violation of the copyright owner’s rights. You agree that you will not use it to violate in any way the intellectual property rights of Serious Games.Studio or others. As used herein, intellectual property rights mean patents of any kind, design right, utility model right or other similar invention right, copyright, trademark, service mark, trade secret or confidentiality right, and any other intellectual property right. All intellectual property rights in Serious Games.Studio software and its services belong to PROF2B Technology Ltd. Nothing in these T & C gives you the right to modify, copy, distribute, transmit, reproduce, publish, license, create derivative works from, transmit, or sell Serious Games.Studio Software or Content for any reason, unless otherwise permitted by law.

6. PERMITTED USE OF SERIOUS GAMES.STUDIO

You may access the Serious Games.Studio gaming platform and use the services solely for the purpose of internal company and university education and training. Use for commercial purposes is not permitted.

7. TERMINATION AND LIABILITY

If you violate these T & C Serious Games.Studio may stop operating and further use the gaming platform. You agree not to use the Serious Games.Studio platform to: publish, upload, post, chat, transmit or otherwise make available any content that (a) is unlawful, harmful, vulgar, obscene, hateful or racially, ethnically, or otherwise objectionable; (b) contains a software virus, Trojan horse, worm or time bomb, (c) corrupted file or any other computer file or software designed or capable of disrupting the functionality of any computer hardware, software or other property, to damage or restrict.

8. AVAILABILITY OF THE GAMES PLATFORM AND SERVICE ASSISTANCE

Serious Games.Studio guarantees a technical availability of the game platform of 98.5% on a monthly average. This service level is deemed to have been met as long as the actual availability of the service does not fall below the above value on a monthly average. The contact person for inquiries and/or disturbances is the technical support of Serious Games.Studio. In any case, we ensure a response time of 1 hour from receipt by telephone or in writing. Telephone (+43 664 2414032) or support@seriousgames.studio. The basic service times are Monday to Friday: 7:30 a.m. to 7:00 p.m. Additional, separate service times can be agreed upon. Within this response time, you will receive a qualified statement from an employee of Serious Games.Studio. In the best case, a qualified statement already contains the solution to the query, but at least a qualified assessment. Maintenance windows will be communicated to you for periodic, planned, or unplanned maintenance work on the systems of Serious Games.Studio, which is necessary for the preservation and security of ongoing operations or the implementation of updates or upgrades. Any impairment of availability due to such necessary work is not defined as downtime. As a rule, Serious Games.Studio will endeavor to carry out system maintenance on weekends between Saturday at 3:00 p.m. and Monday at 6:00 a.m. or on weekday nights between 8:00 p.m. and 6:00 a.m. the next morning. In exceptional cases, system maintenance can also be carried out at all other times, taking into account the least possible impairment of ongoing operations.

9. LIMITATION OF LIABILITY

PROF2B Technology Ltd. is liable for damages – except for personal injury – only in the case of gross negligence (intent or gross negligence). Claims for damages by the client can only be asserted within six months of becoming aware of the damage and the damaging party. In each case, the customer must provide evidence that the damage can be traced back to the fault of the contractor.

10. WARRANTIES

Warranty claims must be asserted in writing not later than 6 months after the defect has been discovered. If the guaranteed service levels are not met, Serious Games.Studio grants you a flat fee of 100% of the annual license costs, which can be allocated to those game participants who were affected by the game interruption. In particular, Serious Games.Studio is not liable for:

• Failures for which Serious Games.Studio is not directly responsible, in particular external DNS and routing problems.

• Attacks on Serious Games.Studio’s network and mail infrastructure.

• Failures of parts of the internet beyond the control of Serious Games.Studio. • Failures caused by the customer, particularly failures by incoming/outgoing hacker attacks due to incorrect or insufficient maintenance of the customer’s hardware and software.

• Failures due to the customer’s own hardware or software having been improperly used or repaired, or systems do not meet manufacturer guidelines.

11. APPLICABLE LAW

The cooperation between you and Serious Games.Studio (PROF2B Technology Ltd.) is subject to the Austrian law in all areas. In the event of legal disputes, the Commercial Court of 1010 Vienna is deemed to have agreed.

12. WAIVER AND SEVERABILITY

Serious Games.Studio’s failure to exercise or enforce any right or provision of these T & C will not constitute a waiver of such right or provision modified, legal and enforceable under applicable law and the balance of provisions of these T & C shall remain unaffected.

13. CONTRACT TERM

The concluded contract and the legal relationship begin at the time of mutual acceptance of the order and applies to the agreed period of time.

14. PLACE OF ORDER

The company location of PROF2B Technology Ltd. is the place of order for the fulfillment of the business game.

15. CANCELLATION POLICY

The contract between PROF2B Technology Ltd. and you is generally concluded for 1 year and is valid for this period. Irrespective of this, the contract can be terminated by either party for important reasons without observing a period of notice. An important reason is in particular (i) if a contracting party violates contractual obligations, or (ii) if a contracting party defaults on payment after the opening of insolvency proceedings, or (iii) if there are legitimate concerns about the creditworthiness of a contracting party about whom no insolvency proceedings have been opened, exist and the latter does not make any advance payments at the request of the contractor nor provide suitable security prior to the contractor’s performance and the other contractual partner was not aware of the poor financial situation at the time the contract was concluded.

16. GAMES APPLICATION AND ITS SERVICES

Serious Games.Studio is entitled to have the tasks and services incumbent on it performed in whole or in part by third parties. The third party is paid exclusively by Serious Games.Studio itself. There is no direct contractual relationship whatsoever between the third party and you. They ensure that – without any further request – all the preparatory documents and information (player data, etc.) required for the organization and implementation of a business simulation game are submitted in a timely manner.

17. GAMEPLAY COMMUNICATIONS

In order to ensure optimal gameplay for the game participants, Serious Games.Studio and you will maintain a close exchange during the preparation and organization phase so that delays and interruptions before and during the game can be avoided.

18. USE COSTS AND LICENSE PRICES

Serious Games.Studio charges the following individual fees and current licenses for the use of the gaming platform and other services.

a. Set-Up: Setup, support, instructions for using the gaming platform:

  • Set-Up costs: €1.990.00 once
  • Cost period: 1 time
  • Time of payment: 100% due upon conclusion of the contract

b. Licences: Licenses are calculated based on the duration of use of the gaming platform and the number of game participants.

  • License costs: € 100 – € 200 per game player per year depending on the number of game participants (You will receive more details in the respective offer from Serious Games.Studio).
  • Time of payment: Quarterly in advance before the start of the game.
  • Cost period: License costs are valid for 12 months each.

c. Facilitators/Tutors: For accompanying games and training facilitators/tutors.

  • Moderator/tutor costs: € 1,490.00 per day (1 day corresponds to one game cycle of 8 hours.)
  • Time of payment: 100% in advance before the start of the game.
  • Cost period: For accompanying the period of the game possible cash outlays, expenses, travel expenses, etc. are to be reimbursed by the customer, whereby Serious Games.Studio will expressly point this out in the offer.

19. METHOD OF PAYMENT

The settlement of the invoice (see point 18.) by the contractor is due 14 days before the first start of the game. From the moment the payment is delayed Serious Games.Studio can charge interest on arrears and a reasonable administrative effort and stop or interrupt the further provision of the gaming platform and its services. Serious Games.Studio is also entitled to send invoices to the customer in electronic form. The client expressly agrees to the contractor sending invoices in electronic form. Serious Games.Studio will issue an invoice with all legally required features that entitles you to deduct input tax.

20. CONTRACTING PARTIES

Your contractual partner is:
PROF2B Technology GmbH

Adamsgasse 28/6 1030 Vienna
Managing Director: Alexander Degenhart

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