Our Terms and Conditions

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

 Version 1, as of 1/1/2022 

1 SCOPE

1.1  Description of the Serious Games.Studio in general 

PROF2B Technology GmbH (legal company) specializes in provide gamified e-learning for corporations and universities – using innovative training tools and methodologies.

For this undertaking, we have conceptualized the software platform Serious Games.Studio

The vision of Serious Games.Studio is to become the first choice for effective e-learning and skill-enhancing for corporations and universitiesto use with their employees and students. 

We consider our mission to make professional education fun and team-based. Using gamification, digitalization and the best e-learning practices, Serious Games.Studio enhances the skills of each learner individually and of teams working collaboratively. 

As an organization we value teamwork and diversity. These values are reflected in the Terms & Conditions (furthermore T & C).To meet these objectives, Serious Games.Studio is registered as a brand under the umbrella of PROF2B Technology GmbH. 

1.2 What and who is PROF2B Technology 

PROF2B Technology has been offering digital and analog business games to diverse organizations

PROF2B Technology GmbH has its headquarters in 1030 Vienna, Adamsgasse 28/6 with its operational office in 1030 Vienna, Reisnerstrasse 27, Austria.  PROF2B Technology supports customers in the office (office hours): 

Monday – Thursday: 08.30 – 17.30 

Friday: 08.30 -16.30

Corporate website: https://seriousgames.studio

Contact email: office@seriousgames.studio.

1.3   The Serious Games.Studio Platform & Usability 

Serious Games.Studio platform offers a unique e-learning solution for corporate training. The platform provides you, as a corporate client or a university, with an opportunity to engage your learners in a team-based gamified learning experience. By providing the Serious Games.Studio platform with your corporate data, list of players and other input, you launch a process of game set-up. Through the game set-up, you will define the duration and the schedule of the game, as well as game participants and objectives. After the game details have been confirmed, your players are communicated and enrolled by the team of Serious Games.Studio. The game is moderated either by the moderators provided by the Serious Games.Studio or by your own moderators. Moderators support the learning process and guide the players through the game. The game consists of several sessions (modules), through each session your players will be learning a specific business skill-set of hard skills, using academic learning materials. Each session results in a set of completed challenges inside of the business-model of a fictional company set up. Additionally, your learners will have to complete a quiz for you to measure the efficiency of their learning. After all of the game sessions are completed, the players should have received the experience of collectively improving the performance of a given fictional company.

2 ACCEPTANCE OF TERMS 

Unless otherwise agreed in a separate signed agreement between your company and Serious Games.Studio, the use of the Serious Games.Studio content or any linked forum, wiki, blog, download or other service hosted on the Serious Games.Studio platform or its webpage the entire business relationship is based on these terms and conditions. This T & C form is a legally binding agreement between you and Serious Games.Studio (PROF2B Technology GmbH) regarding access to or use of Serious Games.Studio . By signing any offer 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 the networked services at anytime. 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 anytime without notice. The most current version of these T & C can be accessed at any time by clicking on the Webpage “Terms of Use” (seriousgames.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, PRIVACY, AND DATA PROTECTION 

You understand and agree that Serious Games.Studio collects and stores your personal (company data, data of game participants, game moderators, game instance manager) and usage data and processes this data for further evaluation and use and the improvement or provision of further services. In any case, data to be collected, stored and processed includes company data that is needed for business cooperation. In any case, the following data is collected, stored and processed for the provision of the game platform: players, moderators, game instance managers, email addresses, game decisions, quiz entries, feedback entries, evaluations of the course of the game and game results, and personal game player’s notes in the game cabinet. All of this data is directly related to (the) selected games on the Serious Game.Studio platform. 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. Companies and individual participants have to inform Serious Games.Studio before the start of the game that an evaluation is expressly not desired. Serious Games.Studio may temporarily collect and use your credit card number and expiration date 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 dates will be treated confidentially according to the Austrian Data Protection Act. 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 SeriousGames.Studio Content violates the rights of third parties; or (iv) the rights, property, or personal safety of Serious Games.Studio.Serious Games.Studio undertakes to maintain strict confidentiality about all business matters of which it becomes aware, 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 is released from the duty of confidentiality towards any assistants and representatives that it uses. However, it has to transfer the confidentiality obligation to them completely and is liable for their violation of the confidentiality obligation as for a violation of its own.

5 COPYRIGHT POLICY 

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 the platform in anyway in terms of the intellectual property rights of Serious Games.Studio or others. As used herein, intellectual property rights means 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 to Serious Games.Studio software and services belong to PROF2B Technology GmbH. Nothing in these T & C gives you any right to Serious Modify, copy, distribute, transmit, reproduce, publish, license, create derivative works from, transmit, or sell Games.Studio software for any reason, except as otherwise permitted by law.  You may access the Serious Games.Studio gaming platform and use the services solely for internal company and university education and training. Use for commercial purposes is not permitted.

6 TERMINATION AND ACCOUNTABILITY

 If you violate these T & C Serious Games.Studio may stop operating and further using the gaming platform. You agree, the Serious Not to use the 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.

7 LIMITATION OF LIABILITY 

PROF2B Technology GmbH 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.

8 SOFTWARE WARRANTIES 

Warranty claims must be asserted in writing no 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, in particular failures caused by incoming/outgoing hacker attacks due to incorrect or insufficient maintenance of the customer’s hardware and software.

Failures that are due to customer hardware or software being improperly used or repaired, or systems not following manufacturer guidelines.

9 GOVERNING LAW 

The cooperation between you and Serious Games.Studio (PROF2B Technology GmbH) 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 been agreed.

10 WAIVER AND SEVERABILITY 

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

11 CONTRACT PERIODE 

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

12   PLACE OF ORDER

The company location of PROF2B Technology GmbH is considered to be the place of order for the fulfillment of the simulation game.

13 CANCELATION POLICY 

The contract between PROF2B Technology GmbH 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.

14  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.

You 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 promptly.

15  GAMEPLAY COMMUNICATION 

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.

16  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.

  1. Set- up : installation, support, instructions for using the gaming platform:

Set – up costs: € 1,990.00 once

Cost period: 1 time

Time of payment: 100% upon conclusion of the contract

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

License costs: € 75,00 – € 200,00 per game participant depending on the offer

Time of payment: quarterly in advance before the start of the game

Cost period: License costs are valid for 12 months

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

Moderator/tutor costs: € 1,490.00

Time of payment: 100% in advance before the start of the game

Cost period: For the accompaniment of 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 out this in the offer.

17  PAYMENT METHOD 

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, the 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.

Vienna, January 2022

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