Game Scout is provided by GameBiz Consulting doo, a limited liability company incorporated by the laws of the Republic of Serbia, company ID 21514047, tax ID 111634236, with a registered seat at Strahinjica Bana 43a, Belgrade, Serbia (hereinafter: the GameBiz Consulting/we/us/our).
These Game Scout Terms of Services (hereinafter the “Agreement”) govern your use of the Game Scout platform (hereinafter: the Game Scout/ the Platform) and its matchmaking Services, depending on whether you use it as a game developer or a game publisher. When clicking the "I accept" button, completing the registration process, or using the Services, you acknowledge that you have reviewed and accepted this Agreement and are authorized to act on behalf of and bind to this Agreement, the owner of this account.
The Game Scout platform and the matchmaking Services jointly constitute a single product; they are licensed as such and cannot be distributed as a separate product. This Platform and Services must be used only for your business, craft, or professional purposes.
Considering each party's respective rights and obligations outlined in this Agreement, the parties unequivocally agree:
You can use free or paid access to the Game Scout (when available). If you choose the paid option, you can use the paid Service with specific features after paying the proper fee. Payment is one-off and upfront.
2.1 You warrant that you are at least at the minimum age required by the legislation of your country of residence, at which you can legally agree to be bound by this Agreement.
2.2 You can create an account as a game developer or as a game publisher. The registration process and the information gathered during the registration process can vary depending on your status.
2.3 To register on the Platform (creating an account) and to use the Services, you must complete the registration process by providing Game Scout with complete and indicated information as selected and prompted by the registration form, including your name, email address, and password. As a User, you must provide true, accurate, current, and complete information about yourself and your organization.
2.4 You take full responsibility for your own- and third-party account use.
2.5 Your password is the key to protecting your information. You should take every measure to keep it private and secure to ensure that your sensitive data remains safe.
2.6 You warrant not to engage in any unlawful or prohibited activities (including but not limited to harassment, libel, privacy invasion, intellectual property infringement, and unauthorized access to the services. Users are solely responsible for any activities under their account except for activities carried out by or on authorized behalf of GameBiz Consulting or its Affiliates.
2.7 You will notify Gamebiz Consulting immediately upon learning of any unauthorized use of your Account or any other security breach.
2.8 Users have the right to terminate their accounts at any time. All rights granted to you under this Agreement will immediately cease upon termination.
2.9 Any breach of these obligations may lead to termination of your Account. GameBiz Consulting reserves the right to suspend or terminate accounts at its sole discretion for violation of this Agreement or any harmful behavior to the service by its Users.
2.10 Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Agreement without liability to the other immediately on written notice to the other if the other party commits a material or persistent breach of any of its obligations under this Agreement and (in the case of a breach capable of being remedied) does not remedy such breach within 7 days of receiving from the other party written notice of the breach and a request to remedy it. This does not exclude GameBiz Consulting from using the rights specified in paragraph 2.9 when necessary.
3.1 By entering into this Agreement, you warrant and undertake to:
3.1.1. comply with all Applicable Laws (and shall be responsible for obtaining and providing all licenses, notices, clearances, and consents) that apply to your use of the Service (including, for the avoidance of doubt, collection of any data using the data and supplying that data to us), and acknowledge we are merely a provider of access to the Services and accept no responsibility for your use thereof or your compliance with Applicable Law or to any User (other than to the extent Applicable Law requires us);
3.1.2 refrain from using the Service for any unlawful purposes and/or introducing any offensive, defamatory, illegal, infringing, or obscene material via the Services;
3.1.3 not introduce any malicious data and/or any other contaminant that may be designed to have a material, adverse effect on the Services and other Users and visitors of the Game Scout;
3.1.4 use the Platform and Services for its intended purpose and not infringe upon our Intellectual Property Rights;
3.1.5 not to do anything that would disparage, defame, or put into disrepute us, our Intellectual Property Rights, and
3.1.6 be and are fully entitled to enter and grant all rights granted under this Agreement and that entering into this Agreement shall not in any way conflict with your existing obligations, either at the date hereof and/or throughout the Agreement period.
3.2 We warrant that:
3.2.1 during the agreement period, we will provide the Service with reasonable care and skill following this Agreement and in compliance with such Serbian law and regulation as applies to our supply of the Service;
3.2.2 the Service (to avoid doubt, this excludes User’s data) shall not infringe any third party’s Intellectual Property Rights (save that we shall have no liability in respect of material to the extent it is a reproduction or adaptation of content supplied by you or any User).
3.3 The warranties do not cover or apply to failures or shortcomings in the provision of the Services caused by, arising out of, or due to:
3.3.1 User’s Internet connection
3.3.2 patents of which we are not aware
3.3.3 accident, or use of the Services in a manner inconsistent with this Agreement; or
3.3.4 events beyond our reasonable control.
3.4 If the Service does not meet the warranties above, we will, at our sole option and as your sole and exclusive remedy for any breach of such warranties, either:
3.4.1 modify, improve, or update the Service to make it conform; or
3.4.2 obtain clearances, licenses, or consents at our cost as may be necessary to enable you to use the Service or
3.4.3 return fees paid for such Service for the period it failed to conform.
3.5 The Game Scout is provided to you "as is" and "as available" to the fullest extent permitted by Applicable Law, except as expressly provided in the Agreement. You acknowledge that it is entirely your responsibility to determine whether the Service meets your business requirements. We disclaim all warranties, terms, and conditions, whether express or implied, including implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement, concerning the Service, its use, and the results of such use, to the fullest extent permitted by applicable law. We do not warrant that the Service will meet your requirements, be uninterrupted, error-free, or entirely secure.
4.1 Game Scout disclaims all responsibility for the accuracy, reliability, and completeness of any information Users provide.
4.2 In no event shall Game Scout be liable for any direct, indirect, incidental, special, or consequential damage arising from using the Service.
4.3 This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, and sub-contractors) to you, including, without limitation, in respect of:
4.3.1 any breach of the Agreement; and
4.3.2 any representation, statement, or tortious act or omission (including negligence) arising under or in connection with the Agreement.
4.4 Nothing in this Agreement excludes our liability for:
4.4.1 death or personal injury caused by our gross negligence or
4.4.2 fraud or fraudulent misrepresentation; or
4.4.3 any other liability which cannot be excluded by law.
4.5 We shall accept liability for reasonably foreseeable losses arising as a direct result of a breach by us of our contractual or statutory duty. However, we shall not be liable where the causes or potential causes of the loss:
4.5.1 arose from the use of the Services for purposes for which they are not intended or
4.5.2 were foreseeable and preventable by you, such as those arising from, but not limited to:
4.5.2.1 damage arising from malicious software or
4.5.2.2 user problems, such as failure to read or follow instructions provided by us in writing or orally.
4.6 In claims against us for any such losses, you are expected to try to avoid losses occurring and take reasonable precautions to avoid further losses. You shall contact us as soon as possible upon becoming aware of an issue.
4.7 We will not be liable under the Agreement for any indirect, special, or consequential losses or any loss of profits, revenue, goodwill, reputation, wasted management time, or anticipated savings or for any claim arising out of or in connection with:
4.7.1 a modification of the Services, or use of the Services in combination with third-party software or data, by you or your agents.
4.7.2 use of the Services in a manner contrary to the instructions given to you by us;
4.7.3 your use of your data;
4.7.4 use of the Service after notice of an alleged or actual infringement has been given to you by us or by any appropriate authority or
4.7.5 a feature that was specified by you or on your behalf.
4.8 Suppose the performance of our obligations is prevented or delayed by any act or omission of you, your Affiliates, agents, subcontractors, consultants or employees, or Users, we shall not be liable for any losses, claims, damages, liabilities, fines, interest, penalties, costs, charges, expenses, demands, and legal and other professional costs sustained or incurred by you or your Affiliates that arise directly or indirectly from such prevention or delay.
5.1 Each party may access the other's Confidential Information to perform obligations under this Agreement. Confidential Information excludes information that:
5.1.1 is disclosed by Users or becomes publicly known other than through any act or omission of the receiving party; or
5.1.2 was in the other party’s lawful possession before the disclosure without obligation of confidentiality or
5.1.3 is lawfully disclosed to the receiving party by a Third Party without restriction on disclosure or
5.1.4 is independently developed by the receiving party without reference to the Confidential Information and which independent development can be shown by written evidence; or
5.1.5 is required to be disclosed by law, any court of competent jurisdiction, or any regulatory or administrative body.
5.2 Parties agree to keep each other's Confidential Information confidential unless required by law or for the performance or exercise of obligations or rights under the Agreement; The party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable before disclosing the Confidential Information.
5.3 Neither party will make the other's Confidential Information available to any Third Party or use it for any purpose other than for the Agreement. Our employees must comply with an internal policy that prohibits insider trading activities. We will make reasonable efforts to ensure that our employees follow this policy.
5.4 Each party will take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees, sub-contractors, or agents in violation of this Agreement or used for any purpose other than the performance of its obligations hereunder, and shall co-operate with the other to help regain control of the Confidential Information if lost and prevent further unauthorized use or disclosure of it.
5.5 We may issue press releases and deliver presentations regarding your selecting us as a provider of the Services and, for this purpose, may include your logo and/or name in any such releases and/or on our website and/or in presentations.
5.6 The survival period of the above clauses is five (5) years after termination of this Agreement, regardless of the cause.
5.7 This Agreement will not override any more stringent obligations you may have regarding our confidential information, nor will it remove any rights Game Scout has/will have under any other separate agreements between Users.
6.1 Game Scout commits to protecting the privacy and security of the Users’ data by following our Privacy Policy.
6.2 You shall comply with all applicable laws and regulations concerning your use of the Services and the processing of personal data.
6.3 Personal data provided by the User will be used solely to improve the Service and will not be shared with the Third-party/parties without explicit written consent.
6.4 Where we collect personal data from you or on your behalf, you shall inform the data subjects to whom personal data relates of such collection, provide them with a prominent link to our privacy policy, and secure and maintain all consents, permissions, and licenses and provide all notices, required for us to provide the Services lawfully, and otherwise as described in the Agreement.
7.1 Game Scout belongs to GameBiz Consulting and its Affiliates and will remain their property. GameBiz Consulting and its licensors reserve all rights to the Platform and Services not expressly granted in this Agreement. This includes the right to sole ownership. Except as expressly stated herein, this Agreement does not grant you any Intellectual Property Rights or other rights or licenses regarding the Service or any related documentation.
7.2 You are not allowed to:
7.2.1 sublicense, distribute, or use the Services outside the scope of the license granted in this Agreement.
7.2.2 copy, modify, adapt, translate, prepare derivative works, reverse engineer, disassemble, decompose the Platform, or attempt to discover any source code or trade secrets related to the Services.
7.2.3 remove any proprietary notices or labels placed by the Services.
7.2.4 rent, lease, sell, assign, or transfer rights to the Services.
7.2.5 use, post, transmit, or introduce any device, software, or routine that interferes or attempts to interfere with the operation of the Services or the platform.
7.2.6 use data labeled as belonging to a third party in the Services for purposes other than described in this Agreement.
7.3 Without the expressed written consent, using trademarks, trade names, service marks, logos, domain names, and other distinctive brand features or any copyright or other proprietary rights associated with the Services for any purpose is prohibited.
7.4 You cannot register, attempt to register, or assist anyone else in registering any trademark, trade name, service marks, logos, domain names, and other distinctive brand features, copyright, or other proprietary rights associated with Gamebiz Consulting (or any other Affiliate).
7.5 Removing, obscuring, or altering any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Services or Platform is prohibited. You cannot seek an injunction of any portion of the Services based on patent infringement in a proceeding filed during the term of this Agreement or for one year after such term.
7.6 As the relevant licensor or, where applicable, you own all Intellectual Property Rights in and to the data or content you upload or provide. Except as expressly stated herein, this Agreement does not grant us any Intellectual Property Rights or any other rights or licenses regarding the data or content, and all such rights are expressly reserved to the User. You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable right to:
7.6.1 create summaries and/or reports including and/or reflecting your data or content, display or otherwise make available to you your data (including such summaries and/or reports) through the Services, and/or use your data to offer, provide, maintain, and/or improve the products we offer or provide to you.
7.6.2 retain, reproduce, and otherwise use your data to provide estimates and insights to our customers or prospective customers and
7.6.3 de-identify and/or anonymize your data and use such de-identified and/or anonymized data for any business purpose, including to provide, maintain, improve, and/or develop any of our current and/or future products and/or to market and promote our products.
7.7 You may not use Game Scout for any other purpose without our written consent.
7.8 We may (before or after the Agreement term) use suggestions, comments, or feedback you provide concerning our Services to improve and develop new features (to or for the platform or other products or services).
8.1 To the extent permitted by Applicable Law, you shall defend, indemnify, and hold us, our Affiliates, and their (and our) respective directors, agents, contractors, and employees harmless against all losses, claims, damages, liabilities, fines, interest, penalties, costs, charges, expenses, demands and legal and other professional costs (calculated on a full indemnity basis) arising out of or in connection with:
8.1.1 your use of the Game Scout services.
8.1.2 claims from a third party that data is defamatory, obscene, offensive, inaccurate, or misleading, or infringes the Intellectual Property Rights or other rights.
8.1.3 any breach of warranties or representations under this Agreement; and/or
8.1.4 any breach by you of Applicable Law.
9.1 If your usage of the Platform and the Services falls within the scope of the Agreement, you must comply with the Game Scout privacy policy.
9.2 You are prohibited from bypassing any privacy features, including opting out, that are integral to the Services.
10.1 We may amend this Agreement from time to time to the extent reasonably necessary to comply with any requirement under or change of Applicable Law or any regulatory requirements affecting rights and/or obligations arising from or connected with the Agreement, and after giving to you as much as advance written notice as reasonably possible of such amendment and the date upon which it is to be effective.
10.2 Users who disagree with the modified Agreement should discontinue using Game Scout and its Services. We encourage you to review our Terms of Service regularly.
10.3 In addition, you acknowledge that from time to time during the use of Game Scout, we may apply upgrades to the Services and that such upgrades may result in changes to the appearance and/or functionality of the Services. Any decision by you not to accept the new functionality will not prejudice your access to and use of the rest of the Service.
10.4 No upgrade shall disable, delete, or significantly impair the Service's existing functionality.
10.5 You shall not be subject to additional charges arising out of the application of upgrades, save where the upgrade introduces new functionality, and you are allowed whether to accept such new functionality and additional charges associated with such functionality (after, if applicable, any free trial period), and you subsequently do accept such new functionality. Any decision by you not to accept the new functionality will not prejudice your access to and use of the rest of the Platform.
10.6 After presenting amendments, the Agreement will be binding unless you accept updated terms online or continue to use the Services after Game Scout has posted updates to the Agreement or any policy governing the Services.
11.1 Game Scout will not breach the Agreement or be responsible for failing to perform our obligations if events occur beyond our control (known as a "Force Majeure Event"). These events include, but are not limited to natural disasters such as floods, droughts, earthquakes, or other unexpected events; outbreaks of epidemics or pandemics; terrorist attacks, civil war, civil commotion, or riots; war, the threat of war, or the preparation for war; imposition of sanctions, embargoes, or breaking off of diplomatic relations; nuclear, chemical or biological contamination; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary license or consent; building collapse, fire, explosion, or accident; any labor or trade dispute, strikes, industrial action, or lockouts; non-performance by suppliers or subcontractors or other third parties.
11.2 If a Force Majeure Event occurs, our performance under the Agreement will be suspended. Game Scout will have an extension of time for performance for the duration of the event.
11.3 GameBiz Consulting will make reasonable efforts to mitigate the effect of any Force Majeure Event and to carry out our obligations under the Agreement as much as possible despite the event. After the event, we will resume the performance of our obligations as soon as possible.
12.1 Without our written consent, you may not assign or sub-contract the Agreement or any rights and obligations. We may assign the Agreement to our Affiliates.
12.2 Waiver:
12.2.1 A failure to exercise, or delay in exercising, a right, power, or remedy provided by the Agreement or by law shall not constitute a waiver of that, or any other, right, power, or remedy and shall not, and nor shall any single or partial exercise of any such right, power or remedy, preclude the further exercise of that, or any other, right, power or remedy.
12.2.2 Any waiver of any right under the Agreement is only effective if it is in writing and only applies to the party to whom the waiver is addressed and to the circumstances for which it is given.
12.3 Suppose any provision, or part of a provision, of the Agreement is found by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable. In that case, this shall not affect other provisions of this Agreement, which shall remain in full force and effect.
12.4 Other than our Affiliates, a person not a party to the Agreement has no right or benefit under or to enforce the Agreement.
12.5 These Terms of Service constitute the sole and entire understanding of the parties concerning the subject matter of the Agreement and supersede all previous agreements, representations, and arrangements between the parties (either oral or written) concerning the subject matter of the Agreement.
12.6 Each party irrevocably and unconditionally waives any rights it may have to claim damages and/or to rescind the Agreement for any misrepresentation to the subject matter of the Agreement, whether contained in these Terms of Service, for breach of warranty not contained in this Agreement, unless such misrepresentation or warranty was made fraudulently.
12.7 Save where expressly indicated, the Agreement may only be amended or supplemented in writing and signed by an authorized representative of both parties.
12.8 The Agreement does not constitute, establish, or imply any partnership, joint venture, agency, employment, or fiduciary relationship between the parties.
12.9 We may use subcontractors to discharge our obligations under the Agreement, provided we remain solely responsible for such subcontractors.
12.10 Remedies:
12.10.1 Except as expressly provided in the Agreement, the rights and remedies provided under the Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
12.10.2 Any right or remedy expressly included in any provision of the Agreement (or the exercise of them) shall not be considered limiting a party’s rights or remedies under any other provision of the Agreement (or the exercise of them).
12.11 The Agreement is governed by and construed according to the law of the Republic of Serbia. The parties hereby submit to the exclusive jurisdiction of the courts of Serbia concerning any dispute arising therefrom, including both contractual and non-contractual disputes. In any conflicts between foreign law, rules, and regulations and Serbian law, rules, and regulations, Serbian law, rules, and regulations will prevail and govern. However, parties agree that in a dispute, they will seek a resolution through mediation before resorting to legal proceedings.
Account: means the account created on the Game Scout to use the Services as a game developer or a game publisher.
Affiliate: means any subsidiary, subsidiary undertaking, or holding company of a corporate body. It also includes any subsidiary or subsidiary undertaking of such a holding company.
Applicable Law: means all laws, regulations, directives, statutes, subordinate legislation, common law, civil codes of any jurisdiction, codes of practice having the force of law, statutory guidance, regulatory guidance, and industry standards.
Confidential Information: means any proprietary data or information disclosed by one party to the other party in writing, marked as "confidential" or disclosed orally and later reduced to writing within five business days and marked as "confidential." However, information that is or becomes known to the public that is already in the receiving party's possession before disclosure by a party or independently developed by the receiving party without using Confidential Information will not be considered Confidential Information.
GameBiz Consulting means Gamebiz Consulting doo and its Affiliated entities.
Intellectual Property Rights: means a variety of rights that exist in any part of the world, including patents, utility models, rights to inventions, plant variety rights, copyrights and neighboring and related rights, moral rights, rights in designs, semiconductor topography rights, trade and service marks, trade names, logos, rights in get-up and trade dress, goodwill, and the right to sue for passing off or unfair competition. This term includes domain name registrations, database rights, rights in confidential information (including know-how), and all other intellectual property rights - whether registered or unregistered. It also encompasses applications to register any of those rights, rights to apply for and be granted renewals or extensions of those rights, and rights to claim priority from any of those rights or any similar or equivalent rights.
Platform: means the Game Scout online platform (SaaS) through which Gamebiz Consulting can provide the services.
Privacy Policy: means Game Scouts privacy policy on a Platform.
Services: means Services provided by Gamebiz Consulting as functionalities within the access to the Platform, including (but not limited to) PitchMaker and Game Filter. Singular Service means one of them, depending on the User.
Third Party: means any third party to which you provide access to your Account or use the Services to provide/collect information on the third party’s behalf.
User: means users and/or visitors to your Account.
User’s data: means the data and materials supplied and inputted by you and/or on your behalf that Game Scout collects, processes, stores, and presents using the Services concerning the characteristics of the User.
