The Services provide market intelligence, analytics and dashboards for the video game and app industries, including without limitation any data, text, insights, charts, rankings, exports, digital media, software links, reports, Estimates, Outputs (as defined in Section 6) and any other content or output provided or made available by the Services ("Service Data"). "Estimates" mean the market estimates, such as monthly active user estimates, provided as part of the Services.

a. Use Rights.

Subject to these Terms and any applicable Order Form, or other commercial agreement, we grant You a limited, non-exclusive, non-transferable, non-sublicensable, right during the applicable term to (i) access and use the Services, (ii) access and view the Service Data, and (iii) download the Estimates.

b. Limited Use of Service Data.

1. Service Data may only be used for Your internal business purposes and only in accordance with any applicable Services documentation.
2. Unless We expressly agree otherwise in writing: (a) You may not allow any third parties (including Your Affiliates) to access the Services, and (b) You may not redistribute or disclose the Service Data to any third parties (including any of Your Affiliates). "Affiliate" means any entity which, directly or indirectly, controls, is controlled by, or is under common control with, such entity.

c. Authorized Users; User Accounts; No Sharing.

Your Authorized Users may access and use the Services on Your behalf, up to the limits as subscribed for, set forth in an Order Form or as otherwise agreed between You and Us. You shall ensure that all Authorized Users comply with these Terms, and You are responsible for any noncompliance by Your Authorized Users. To access and use the Services, each Authorized User is required to establish a user account (a "User Account"). Each Authorized User: i) may establish only one User Account, ii) must provide true, accurate, current, and complete information as prompted by the applicable registration process, and iii) shall not share its User Account with any other individual. You represent and agree that all information You provide to Dead And Alive in connection with Your access to and use of the Services is, and shall be, true, accurate and complete to the best of Your knowledge, ability and belief. You are responsible and liable for all activities conducted through Your User Account(s), regardless of who conducts those activities. You are responsible for maintaining the confidentiality of any user IDs, passwords and other credentials associated with Your User Account and shall immediately notify Us of any actual or suspected unauthorized access to or use of Your User Account or any associated credentials. You will use reasonable efforts to promptly notify Us in the event a User Account should be disabled or is no longer needed (for instance, because the Authorized User left Your organization). Any sharing of User Account access or credentials between individuals (whether Authorized Users or otherwise) is considered a material breach of these Terms. You will cooperate fully with Us and take all actions that We reasonably deem necessary in response to any unauthorized access or security threat relating to Your User Account(s). We may suspend or restrict access if we reasonably believe an User Account has been compromised or used in violation of these Terms.

d. APIs.

Dead And Alive may, now or in the future, include APIs, or other programmatic access methods. "APIs" are application programming interfaces or other programmatic interfaces for interfacing, connecting, or exchanging information with the Services. To the extent You have subscribed to access the Services via an authorized API or We otherwise make APIs available to You, any such access is subject to these Terms and any additional documentation, technical rules, usage limits, or service-specific terms We may provide.

e. Free Tier Access.

We may, at our sole discretion, offer preview, demo, beta, temporary free trial or other evaluation access to the Services ("Free Tier"). Free Tier access is entirely discretionary and We may grant it, refuse it, limit it, modify it, suspend it, or withdraw it at any time, in Our sole discretion, without any obligation to You.

You shall not:

1. resell, rent, lease, sublicense, or otherwise redistribute the Services or any Service Data;
2. publish, share or provide access to the Services or Service Data to any third party (including Affiliates) except as otherwise expressly permitted by Us;
3. scrape, crawl, systematically extract, mirror, or harvest Service Data by automated means except through features or APIs that We expressly make available;
4. decompile, disassemble, or reverse engineer any object code that is part of the Services or attempt to reverse engineer, reconstruct, identify, or discover any source code of any such software, the structure, sequence, or organization of such source code or any algorithms, methods, or models contained therein;
5. reproduce or create Internet "links" to the Services (or any part thereof) or "frame" or "mirror" any Service Data on any other server or wireless or Internet-based device;
6. interfere with, impede, or disrupt the integrity or performance of the Services or any part thereof (including by submitting or uploading malicious code or programs to the Services);
7. attempt to gain unauthorized access to the Services or its related systems or networks;
8. use the Services, Service Data, or Our Confidential Information for any illegal, malicious, or injurious purpose; or
9. except for the specific AI Features (as defined in Section 6), use AI or AI Models to process the Service Data in any way including:

   1. inputting, uploading, transferring, downloading, copying, pasting, querying, prompting, or otherwise providing any Service Data, in whole or in part, into any AI Model or AI for any purpose whatsoever;
   2. training, fine-tuning, developing, evaluating, or validating any AI Model or AI using the Service Data, whether for Your internal use, the benefit of any third party, or to compete with Dead And Alive; and
   3. analyzing, processing, extracting, synthesizing, summarizing, or interpreting the Service Data, as the Service Data is provided solely for non-AI use cases limited to human analysis, traditional data processing, reporting, and direct interaction with the Services.

a. Subscriptions.

We offer different subscription plans and different subscription durations for the fees as detailed on Our website ("Subscription"). Except as otherwise set forth in an Order Form, We reserve the right to update and/or apply new fees for each Renewal Term with prior notice to You. All fees are stated exclusive of value added tax (VAT) and any other applicable indirect taxes. Where applicable, VAT or similar taxes shall be charged in addition at the prevailing rate.

b. Subscription Term and Termination.

The initial subscription term ("Initial Term") is the one You have chosen when subscribing to the Services on Our website or as agreed in an Order Form. At the expiration of the Initial Term, Your subscription to the Services shall be automatically renewed for additional periods (each, a "Renewal Term" and collectively with the Initial Term, the "Subscription Term") of the same duration as the Initial Term, unless either Party requests termination prior to the start of such Renewal Term. You may request termination through Your account settings or by contacting Us at help@sakujodata.com.

c. Payment.

Unless otherwise agreed in an Order Form, Subscriptions fees are due in advance for the applicable Subscription period. You are responsible for any and all applicable sales, use, value added, withholding taxes and similar taxes associated with the Services. If You are required by applicable law to withhold any tax from payments due to Dead And Alive, You shall ensure that Dead And Alive receives an amount equal to the full amount it would have received absent such withholding.

d. Suspension.

Dead And Alive may suspend (with or without prior notice) the Services in the event (i) of unpaid due fees, (ii) that You (or any of Your Affiliate(s), if applicable) are reasonably suspected of breaching these Terms; or (iii) to respond to issues which may affect Service availability, stability, or security. In case of such suspension, Dead And Alive's obligations under these Terms will be deemed to be fully discharged and no refunds will be issued.

e. Termination for Material Breach.

In the event that You materially breach these Terms, Dead And Alive may terminate the Services with immediate effect upon written notice, unless the breach is capable of remedy and is not remedied within a reasonable period specified in such notice. Dead And Alive may also terminate the Services for convenience at any time upon thirty (30) days' prior written notice. In such case, Dead And Alive shall reimburse You on a pro rata basis for any prepaid Subscription fees relating to the unused portion of the then-current Subscription Term. Upon the effective date of termination, Dead And Alive shall cease providing the Services to You, and Your right to access and use the Services and any Service Data shall immediately terminate. Any rights granted to You under these Terms shall accordingly cease. All Service Data downloaded by You must be deleted within a reasonable period following termination, and You shall promptly pay any unpaid fees, in addition to any other rights or remedies available to Dead And Alive under these Terms or applicable law.

The Services contain material that is protected under applicable laws. All rights not expressly granted to You under these Terms are expressly reserved by Dead And Alive and its licensors. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Services and Service Data belonging to or licensed by Dead And Alive shall remain the sole and exclusive property of Dead And Alive, as applicable, and these Terms grants You no title or rights of ownership in the Services, Service Data, or any subsets or components thereof.

The Services and Service Data may also contain copyrighted material and trademarks belonging to third parties that are made available to You under permitted copyright exceptions, such as the doctrine of fair use or similar doctrines and equitable defences ("Fair Use Content"), as provided for under applicable law. Unless expressly stated otherwise, the use of such Fair Use Content does not constitute an endorsement by its owners of Dead And Alive or the Services, nor does it imply any affiliation between such third parties and Dead And Alive or the Services. Notwithstanding anything to the contrary in these Terms, You are only permitted to access and view such Fair Use Content within the Services hereunder; and any further use by You requires permission directly from the owners of Fair Use Content or a separate confirmation by Your counsel that Your proposed use is permitted without an express license under applicable law.

Nothing in these Terms authorizes You to subject any portion of the Services or any Dead And Alive intellectual property to any other license, including any open source license.

Our Services may include features that utilize AI and AI Models ("AI Features") to process information You provide ("Inputs") and provide You with results ("Outputs"). "AI" or "Artificial Intelligence" broadly means any technology, device, computer system, and/or software that is trainable, configurable, and able to perform tasks ordinarily performed by humans using human intelligence, including, but not limited to, learning from data, reasoning, problem-solving, generating content, or making predictions or recommendations. "AI Model" (or "Artificial Intelligence Model") means any AI designed to perform tasks that typically ordinarily performed by humans using human intelligence, including but not limited to learning from data, pattern recognition, reasoning, problem-solving, generating content, making predictions or recommendations, etc. This includes, without limitation, machine learning (ML) models, deep learning models, large language models (LLMs), generative adversarial networks (GANs), neural networks, and any other computational means capable of processing, analyzing, creating, and/or modifying data or content, regardless of whether such system is proprietary, publicly available, commercial, open-source, or otherwise. Your use of these AI Features is subject to the following terms:

a. Client Responsibility.

You are solely responsible for the Inputs You provide to the AI Features. You agree not to provide any personal data of third parties, sensitive or special category data (such as health or financial information), confidential information, inappropriate or illegal content, or any content that infringes upon intellectual property rights or violates these Terms. You acknowledge that Your Inputs may be transmitted to third-party providers for the purpose of generating the Outputs.

b. Ownership and License.

By using the AI Features, You grant Dead And Alive and its third-party providers a worldwide, non-exclusive, royalty-free license to use, process, store, and transmit Your Inputs to provide the AI Features and to monitor and improve our Services. The Output generated by the AI Features is part of the Service Data and is subject to the restrictions of these Terms including without limitation Sections 2 and 3.

c. Disclaimer of Accuracy and Liability.

The Outputs generated by the AI Features are provided on an "as-is" and "as-available" basis. Artificial Intelligence is an emerging field, and the responses may contain inaccuracies, errors, or omissions. Dead And Alive makes no warranties or representations of any kind regarding the accuracy, reliability, suitability, or completeness of any Output. You are solely responsible for reviewing, evaluating, and verifying any Output before relying on it for any purpose. Your use of the AI Features is at Your own risk, and Dead And Alive disclaims all liability for any harm or damages arising from Your use of or reliance of the AI Features.

It is possible that on occasion the Services will be unavailable due to maintenance or other development activity. If for any reason We have to interrupt the Services for longer periods than We would normally expect, We will use reasonable endeavours to publish in advance details of such activity on the Services. We are not and shall not be deemed liable for any loss or damage to You arising from the unavailability of the Services. Notices pertaining to the Services (e.g., operation or support) may be in the form of an electronic notice to Your administrative Authorized User. If You encounter technical problems when using the Services, please email help@sakujodata.com.

From time to time, a Party (the "Disclosing Party") may disclose or make available to the other Party (the "Receiving Party"), certain non-public, proprietary and confidential information and materials (whether written, oral, in electronic form or in any other media) ("Confidential Information"). The Receiving Party shall (i) protect and safeguard the Confidential Information with at least the same degree of care it would use to protect its own confidential information, but in no event less than a reasonable degree of care, and (ii) subject to the remainder of this Article, not, either during or after the term of these Terms, directly or indirectly disclose any Confidential Information to any person or entity, other than to its directors, officers, employees, agents and/or advisors on a strict need to know basis and who are subject to the same confidentiality restrictions as per these Terms.

Confidential Information shall include, but shall not be limited to, any current or future projects or products, product development plans, market data, financial data, designs and specifications, know-how, technology, and software code of the Disclosing Party. The Receiving Party acknowledges and agrees that all such Confidential Information is a valuable and unique asset of the Disclosing Party, and that the disclosure of such information to any unauthorized person or the unauthorized use of such information would cause substantial and irreparable harm to the Disclosing Party for which it would have no adequate remedy at law. Accordingly, the Receiving Party agrees that, in the event of any breach or attempted or threatened breach of any of the terms of this Article, the Disclosing Party shall be entitled, in addition to any other remedies which may be available, to injunctive and other equitable relief.

The Receiving Party may disclose Confidential Information to the extent required to exercise its rights or perform its obligations hereunder, or required by law, by an order of a court of competent jurisdiction or by any securities exchange, listing authority, governmental or regulatory authority to which the Receiving Party is subject or to which it submits.

The Receiving Party's obligations under this Article will not extend to Confidential Information which: (a) the Disclosing Party agrees in writing is not Confidential Information; (b) at the time of disclosure was in the public domain or subsequently enters into the public domain other than as the direct or indirect result of a breach of this Article by the Receiving Party; or (c) the Receiving Party can prove has been received by the Receiving Party at any time from a third party who did not acquire it in confidence and who is free to make it available to the Receiving Party.

a.

The Parties represent and warrant that: (i) they have the authority to enter into these Terms; (ii) they comply with these Terms and perform its respective obligations thereunder; (iii) the execution of these Terms do not and will not conflict with or result in any breach or default under any other agreement to which it is subject; and (iv) they comply with applicable laws and regulations.

b.

The Services and all Service Data (including any Outputs generated by the AI Features) are provided on an "as-is" and "as-available" basis, and without warranty of any kind. Dead And Alive makes no warranties or representations of any kind regarding the accuracy, reliability, suitability, or completeness of any Service Data. Dead And Alive hereby excludes and disclaims all warranties, express and implied, relating to the Services and Service Data, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or that use of the Services will be uninterrupted or error-free. You expressly agree and acknowledge that all acts, omissions, and decisions You undertake or make (or refrain from making or undertaking) through the use of the Services, Service Data, or otherwise, are Your sole responsibility. You understand and acknowledge that that the Services and Service Data provided hereunder rely on and/or are based on information, content materials, and services obtained through a variety of methodologies, including automated methods, from third parties websites, online, and other sources that are not affiliated with or controlled by Dead And Alive, and accordingly, Dead And Alive cannot and does not make any representations as to, and hereby disclaims any and liability arising out of or associated with the accuracy, adequacy, sufficiency, completeness, or reliability of such third-party information, content, materials, or services, nor any Service Data derived therefrom.

To the extent permitted by applicable law, Dead And Alive shall not be liable for any indirect, incidental, consequential, special or punitive damages, including loss of profits, revenue, business, data or anticipated savings, arising out of or in connection with the Services or these Terms, even if advised of the possibility of such damages. Dead And Alive's total aggregate liability arising out of or in connection with the services or these Terms, whether in contract, tort (including negligence) or otherwise, shall not exceed the total fees paid by You to Dead And Alive in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms shall exclude or limit liability for death or personal injury caused by gross negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Dead And Alive shall have no liability for any third-party services, data, content, integrations, or systems used in connection with the Services.

The Services do not constitute legal, financial, investment or business advice, and no information provided shall be construed as a recommendation or solicitation to make any investment decision. You remain solely responsible for Your decisions and should seek independent professional advice where appropriate.

You may, at Your option, provide suggestions, ideas, inventions, innovations, improvement or enhancement requests, feedback, recommendations, or other information to Dead And Alive regarding the Service or Dead And Alive's business generally (collectively, "Feedback"). You hereby grant to Dead And Alive a perpetual, irrevocable, unlimited, royalty-free right to use such Feedback in any manner and for any purpose Dead And Alive chooses, without obligation of any kind. Notwithstanding the foregoing, Dead And Alive will not use any Feedback in any public facing manner which would identify You or Your Authorized Users without Your prior written consent.

The Services may contain links to or otherwise allow You to access third-party applications and services that are not owned or controlled by Dead And Alive. These links are provided solely as a convenience and do not imply endorsement of, or association with, the party by Dead And Alive. We encourage You to review the privacy policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Neither party will be deemed in default of these Terms to the extent that performance of its obligations (other than for the payment of amounts due) or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, pandemic, act of government, civil commotion terrorism or any other cause reasonably beyond the control of such party ("Force Majeure"). In the event of such a Force Majeure, the time for performance or cure will be extended for a period equal to the duration of the Force Majeure but not in excess of 6 months.

These Terms are not assignable, transferable or sublicensable by either Party except with the other Party's prior written consent, which shall not be unreasonably withheld, and any purported assignment in violation of the foregoing shall be null and void; provided, however, that Dead And Alive may transfer or assign these Terms to an Affiliate or to a successor to all or substantially all of such Dead And Alive's business to which these Terms relates. Notwithstanding anything to the contrary, Dead And Alive's Affiliates may perform the Services or portions thereof on Dead And Alive's behalf, and Dead And Alive will remain responsible for such performance.

Dead And Alive may amend these Terms from time to time for valid reasons, including to reflect changes in the Services, applicable law, or arrangements with suppliers. Dead And Alive shall notify You of any material amendments in advance, including by email or through the Services, and by updating the "Last updated" date of these Terms.

For paid Subscriptions, unless a shorter period is required by law, such amendments shall take effect at the start of the next Renewal Term. If You do not agree to the amended Terms, You may terminate the Services with effect from the end of the then-current Subscription Term by providing notice prior to the start of the next Renewal Term.

For any Free Tier access or other free access to the Services, amendments shall take effect upon publication of the updated Terms.

Continued use of the Services after the effective date shall constitute acceptance of the amended Terms.

The validity, construction and performance of these Terms and the legal relations among the Parties to these Terms shall be governed by and construed in accordance with the laws of France, without reference to conflicts of laws rules. The courts located in Versailles, France shall have sole and exclusive jurisdiction to resolve any and all claims or disputes arising out of or in connection with these Terms.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither Party has any authority of any kind to bind or attempt to bind the other Party in any respect whatsoever. These Terms may only be amended, modified, supplemented, or waived by a written document signed by each Party, specifying such amendment, modification, supplementation, or waiver. No delay or omission by one Party in exercising or enforcing any right or remedy under these Terms shall operate as a waiver thereof or of any other right or remedy, and no waiver of any breach of these Terms by a Party shall be deemed a waiver of any subsequent breach. If any provision in these Terms is determined to be in violation of any law, rule or regulation or otherwise unenforceable, such determination shall not affect the validity of any other provision of these Terms, but such other provisions shall remain in full force and effect. Each provision and paragraph of these Terms is severable from every other provision and paragraph and constitutes a separate and distinct covenant.

If You have questions about these Terms, contact:

Dead And Alive SAS
32 Rue Pasteur, 78000 Versailles, France
help@sakujodata.com