Admin Terms of Service

Effective Date: 12th June 2017

These Admin Terms of Service (the "Admin Terms") describe your rights and responsibilities when accessing or using Gametize Website or any Gametize products, software, data feed and services provided to you on, from, or through the Gametize Website (collectively, the "Services") and use of our Applications (the "Licensed Applications").

If you are a Admin (defined below), these Admin Terms govern your access and use of our Services Licensed Applications. If you are joining a published game ("Project") using a Player Account, the End-User Software License Agreement (the "EULA") govern your access and use of the Services. We are grateful you're here.

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First Things First

These "Admin Terms" form a part of a Legally Binding "Contract" These Admin Terms (or, if applicable, your written agreement with us) and any Order Form(s) (defined below) together form a binding "Contract" between

• Gametize Pte. Ltd. ("Gametize", "We", "Us", "Our"), a company incorporated under the laws of the Republic of Singapore having its registered address at 138 Robinson Road, Oxley Tower #07-04, Singapore 068906; and
• The Party being a subscriber to our Services ("Admin").

As part of the Admin Terms, you agree to comply with the most recent version of our Community Guidelines, which is incorporated by reference into the Admin Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the Admin Terms or the Community Guidelines, you confirm that you have read, understand and agree to be bound by the EULA and the Community Guidelines.

Gametize Admin Subscription and Accounts

In order to create your own games using our Services, you have to subscribe to one of Gametize's Subscription plans and create an admin account with Gametize ("Admin Account").

If you register and create a Admin Account with the Application Provider, you will be asked to choose a user name and a password.

For more information regarding the information Gametize collects from you and how it is utilised, refer to the Privacy Policy, which is incorporated herein in its entirety.

You agree not to disclose your password to anyone else and that you will be solely responsible for any activities or actions taken under your Admin Account, whether authorised by you or not. In the event where there is unauthorised use of your Admin Account, you shall notify Gametize immediately.

During the use of the Services, you may refer your friends to register with and use the Licensed Applications, by sending them an invite through e-mail, Facebook or Twitter. In the event where you decide to send such invitations, you represent to Gametize that the recipients of such invitations have given you their consent to receive such invitations from you, and do not consider such invitations unsolicited.

Your Agreement on behalf of "Admin"

If you purchase subscription(s), create a Project (i.e., a unique URL where a group of users may access the Services and join the unique Project, as further described in our Help Centre pages), invite users to that game, allow public users to join your Project, or use or allow use of that Project after being notified of a change to these Admin Terms, you acknowledge your understanding of the then-current Contract and agree to the Contract on behalf of Admin. Please make sure you have the necessary authority to enter into the Contract on behalf of Admin before proceeding.

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Admin Choices and Instructions on our Services

Who is "Admin"? (Hint: There can be only one)

"Admin" is the organization that you represent in agreeing to the Contract. If your Project is being set up by someone who is not formally affiliated with an organization, Admin is the individual creating the Project. For example, if you subscribed using a personal email address and invited a couple of friends to your Project to play but haven't formed a company yet, you are the Admin.

For purposes of these Admin Terms, Admin Data and End-User Data are collectively known as "Content".

Signing Up Using a Corporate Email Domain

If you subscribed to a plan using your corporate email domain, your organization is Admin, and Admin can moderate Content in the Project and access of the Project (including your access to that Project created) and otherwise exercise its rights under the Contract. If Admin elects to replace you as the representative with ultimate authority for the Project, we will provide you with notice following such election and you agree to take any actions reasonably requested by us or Admin to facilitate the transfer of authority to a new representative of Admin. For further information, kindly contact our Customer Support Officer.

What This Means for Admin - and for Us

Individuals authorised by Admin to access the Services, through an explicit invitation to a private Project or through an implicit invitation by making the Project public, (an "Authorised End-User") may submit content or information to the Services and Licensed Applications, such as text, photos, sounds, music, videos audiovisual combinations, interactive features and other materials ("End-User Data") and Gametize and Admin are granted a worldwide, non-exclusive, royalty-free sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Licensed Applications and Gametize's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service and Licensed Applications (and derivative works thereof) in any media formats and through any media channels. For more information on End-User Data, you may want to have a look at our EULA.

Admin may also provision or deprovision access to the Services and Licensed Applications, enable or disable third-party integrations, vote, share and moderate User Completions and User Comments, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all End-User Data.

Admin will:

• inform Authorised End-Users of all additional Admin policies and practices that are relevant to their use of the Services, apart from Gametize's Privacy Policy and Community Guidelines and of any settings that may impact the processing of End-User Data; and
• obtain all rights, permissions or consents from Authorised Users and other Admin personnel that are necessary to grant the rights and licenses in the Contract and for the lawful use and transmission of Admin Data and the operation of the Services and Licensed Applications.

Admin-User Data

As a Gametize Admin Account holder, you may generate content to the Services and Licensed Applications, such as creating unique games with a combination of Projects, Topics, Challenges and Flashcards. You may also submit content or information to the Services and Licensed Applications, such as text, photos, sounds, music, videos audiovisual combinations, interactive features and other materials ("Admin Data"). You understand that Gametize does not guarantee any confidentiality with respect to any Admin Data you submit.

You retain all your ownership rights in your Admin Data which you created and uploaded onto the Services and Licensed Applications.

You license to Gametize all patent, trademark, trade secret, copyright or other proprietary rights in and to such Admin Data for publication on the Services and Licensed Applications pursuant to these Admin Terms.

When an Admin User creates and submits Admin Data to the Services or Licensed Applications, you acknowledge and grant Gametize a worldwide, non-exclusive, royalty-free sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Licensed Applications and Gametize's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service and Licensed Applications (and derivative works thereof) in any media formats and through any media channels.

The above licenses granted by you in Admin Data terminate within a commercially reasonable time after you remove or delete your Admin Data from the Service and Licensed Applications.

You understand and agree, however, that Gametize may retain, but not display, distribute or perform server copies of your Admin Data which have been removed or deleted.

However, the above licenses granted by you in User Comments you submit are perpetual and irrevocable.

Ordering Subscriptions

A subscription allows an Admin to access the Services to create Projects. A subscription may be procured through the Services interface (Gametize Website), or in some cases, via an order form entered into between Admin and us (each, an "Order Form"). Please see the Subscription Plans for more information on procuring subscriptions and features you are entitled to. Subscriptions commence when we make them available to Admin and continue for the term specified in the Services "check-out" interface or in the Order Form, as applicable. Each subscription is for a single Project for a specified term. We sometimes enter into other kinds of ordering arrangements, but that would need to be spelled out and agreed to in an Order Form. During an active subscription term, upgrading the Subscription Plan or purchasing a new Subscription Plan for another unique Project is fairly easy. Unless the Order Form says otherwise, Admin may purchase more subscriptions at the same price stated in the Order Form and all will terminate on the same date. Check out our Help Centre for additional information on how to use our Services.

Purchasing Decisions

We may share information about our future product plans because we like transparency. Our public statements about those product plans are an expression of intent, but do not rely on them when making a purchase. If Admin decides to subscribe to our Services, that decision should be based on the functionality or features we have made available today and not on the delivery of any future functionality or features.

Choosing to be a Beta Tester

Occasionally, we look for beta testers to help us test our new features. These features will be identified as "beta" or "pre-release," or words or phrases with similar meanings (each, a "Beta Product"). Beta Products may not be ready for prime time so they are made available "as is," and any warranties or contractual commitments we make for other Services do not apply. Should Admin encounter any faults with our Beta Products, we would love to hear about them; our primary reason for running any beta programs is to iron out issues before making a new feature widely available.

Feedback is Welcomed

The more suggestions our Admin and Authorised End-Users make, the better the Services become. If you send us any feedback or suggestions regarding the Services, there is a chance we will use it, so you grant us (for itself and all of its Authorised Users and other Customer personnel) an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Admin and any Authorised User. If we choose not to implement the suggestion, please don't take it personally. We appreciate it nonetheless.

Third-Party Content

The Services and Licensed Applications enable access and may contain links to third-party services and web sites ("Third-Party Content") that are not owned or controlled by Gametize. Gametize has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.

By using the Licensed Application and the Services, you acknowledge and agree that Gametize is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, intellectual property rights compliance, legality, decency, quality or any other aspect of such Third-Party Content.

You shall, at all times, exercise your own judgment and discretion in deciding whether to join or participate in any merchant programs made available through the Licensed Applications and the Services. Gametize does not endorse or make any representation or warranty, express or implied, in respect of any merchant programs or products offered thereunder and disclaims any responsibility in respect of any terms and conditions of any merchant programs. You shall be solely responsible for assessing and agreeing with the terms and conditions of any merchant program and communicating with any participating merchant in respect of any matter or dispute relating to any merchant program.

Accordingly, we encourage you to read the terms and conditions and privacy policy of each other website you visit.

Privacy Policy

Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our Services and Licensed Applications.

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Admins and Authorised End-Users

Use of the Services

Admin must comply with the Contract and ensure that its Authorised End-Users joining your Project as Players comply with the Contract and the EULA. We may review conduct for compliance purposes, but we have no obligation to do so. We aren't responsible for the content of any Admin Data or End-User Data or the way Admin or its Authorised End-Users choose to use the Services and Licensed Applications to store or process any End-User Data. The Services and Licensed Applications are not intended for and should not be used by anyone under the age of 13. Admin must ensure that all Authorised End-Users are over 13 years old before inviting the Authorised End-User to his Project.

Our Removal Rights

If we believe that there is a violation of the Contract that can simply be remedied by an Admin's removal of certain Content or Admin's disabling of a Third-Party Content, we will, in most cases, ask Admin to take direct action rather than intervene. However, we may directly step in and take what we determine to be appropriate action, if Admin does not take appropriate action, or if we believe there is a credible risk of harm to us, the Services, the Licensed Applications, Authorised End-Users or any third parties.

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Payment Obligations

Payment Terms

For Admins who subscribe to our Services, subscription fees are specified at the Services interface "check-out" and in the Order Form(s) - and must be paid in advance. Payment obligations are non-cancellable and, except as expressly stated in the Contract, fees paid are non-refundable. For clarity, in the event Admin downgrades any subscriptions from a paid plan to a free plan, Admin will remain responsible for any unpaid fees under the paid plan, and Services under the paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscription term. Check out our Subscription Plans pages for more information about payment options. If we agree to invoice Admin by email, full payment must be received within thirty (30) days from the invoice date. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, "Taxes"). Admin will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income.

Coupon Codes Redemption

Any Coupon Code which is redeemed by the Admin into the Admin Account will expire following expiration or termination of the applicable Contract or immediately after the defined date of expiry, whichever is earlier, will have no currency or exchange value, and will not be transferable or refundable.

Downgrade for Non-Payment

If any fees owed to us by Admin (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, downgrade any fee-based Services to free plans until those amounts are paid in full, so long as we have given Admin ten (10) or more days' prior notice that its account is overdue. Notwithstanding the second paragraph of the "Providing the Services" section below, Admin acknowledges and agrees that a downgrade will result in a decrease in certain features and functionality and potential loss of access to End-User Data and Admin Data, as illustrated by comparing the plans in the Subscription Plans guide.

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Our Responsibilities

Providing the Services and Licensed Applications

We will make the Services and Licensed Applications available to Admin and its Authorized End-Users as described in the Contract. Be assured that:

• the Services and Licensed Applications will perform materially in accordance with our then-current Help Centre pages; and
• subject to the "Third-Party Content" and "Downgrade for Non-Payment" sections , we will not materially decrease the functionality of a Service during a subscription term. For any breach of a warranty in this section, Admin's exclusive remedies are those described in the sections titled "Termination for Cause" and "Effect of Termination".

Keeping the Services Available

For all Service plans, we will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavour to provide Admin and Authorised-End Users with advanced notice (e.g., through the Services), if we think it may exceed five (5) continuous minutes.

Protecting Admin Data and End-User Data

The protection of Admin Data and End-User Data are our top priorities for us so we will maintain administrative, physical, and technical safeguards. Those safeguards will include measures for preventing unauthorised access, use, modification, deletion and disclosure of Admin Data or End-User Data by our personnel without your expressed or implied consent. Before sharing Admin Data or End-User Data with any of our Third-Party service providers, we will ensure that the Third-Party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of Admin Data and End-User Data and preventing unauthorised access. We are not responsible for what Admin's Authorised Users or Third-Party do with Admin Data or End-User Data.

The Gametize Extended Family

We may leverage our employees, those of our corporate affiliates and Third-Party contractors (the "Gametize Extended Family") in exercising our rights and performing our obligations under the Contract. We will be responsible for the Gametize Extended Family's compliance with our obligations under the Contract.

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Ownership and Proprietary Rights

What's Yours is Yours...

As between us on the one hand, and Admin and any Authorised Users on the other, Admin will own all Admin Data, and Authorised End-Users will own their End-User Data. Subject to the terms and conditions of the Contract, Admin and Authorised End-Users grant us and the Gametize Extended Family a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Content, and any Third-Party Content created by or for Admin.

And What's Ours is Ours

We own and will continue to own our Services and Licensed Applications, including all related intellectual property rights. We may make software components available, as part of the Services. We grant to Admins a non-sublicensable, non-transferable, non-exclusive, limited license for Admin and its Authorised End-Users to use the object code version of these components, but solely as necessary to use the Services and in accordance with the Contract and the EULA. All of our rights not expressly granted by this license are hereby retained.

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Term and Termination

Contract Term

As further described below, a free subscription continues until terminated, while a paid subscription has a term that may expire or be terminated. The Contract remains effective until all subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates., whichever earlier. Termination of the Contract will terminate all subscriptions and all Order Forms.

Auto-Renewal

Unless an Order Form says something different:

• all subscriptions automatically renew (without the need to go through the Services-interface "check-out" or execute a renewal Order Form) for additional periods equal to one (1) year or the preceding term, whichever is shorter; and
• the per-unit pricing during any automatic renewal term will remain the same as it was during the immediately prior term. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing by contacting our Customer Support Officer.

Termination for Cause

We or Admin may terminate the Contract on notice to the other party if the other party materially breaches the Contract and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. We may terminate the Contract immediately on notice to Admin if we reasonably believe that the Services or Licensed Applications are being used by Admin or its Authorised End-Users in violation of applicable law.

Termination Without Cause

Admin may terminate its free subscriptions immediately without cause. We may also terminate Customer's free subscriptions without cause, but we will provide Admin with thirty (30) days prior written notice.

Effect of Termination

Upon any termination for cause by Admin, we will refund Admin any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by us, Admin will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of termination. In no event will any termination relieve Admin of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

Data Portability and Deletion

We are custodians of Admin Data and End-User Data. During the term of a Project's subscription, Admin will be permitted to export or share certain Content from the Services, such as Analystics; provided, however, that because we have different products with varying features and Admin has different retention options, Admin acknowledges and agrees that the ability to export or share Content may be limited or unavailable depending on the type of Services plan in effect and the data retention, sharing or invite settings enabled. Following termination or expiration of a Project's subscriptions, we will have no obligation to maintain or provide any Content and may thereafter, unless legally prohibited, delete all Content in our systems or otherwise in our possession or under our control.

Representations; Disclaimer of Warranties

Admin represents and warrants that it has validly entered into the Contract and has the legal power to do so. Admin further represents and warrants that it is responsible for the conduct of its Authorised End-Users joining his Project and their compliance with the terms of this Contract and the EULA.

EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICES , LICENSED APPLICATIONS AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Limitation of Liability

OTHER THAN IN CONNECTION WITH A PARTY'S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER ADMIN'S OR THE GAMETIZE EXTENDED FAMILY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE CONTRACT OR THE EULA (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT ADMIN'S PAYMENT OBLIGATIONS UNDER THE "PAYMENT TERMS" SECTION ABOVE.

IN NO EVENT WILL EITHER ADMIN OR ANY MEMBER OF THE GAMETIZE EXTENDED FAMILY HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD-PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Admin is responsible for all login credentials, including usernames and passwords, for Admin Accounts. We will not be responsible for any damages, losses or liability to Admin, Authorised End-Users, or anyone else, if such information is not kept confidential by Admin or its Authorised End-Users, or if such information is correctly provided by an unauthorised third-party logging into and accessing the Services or Licensed Applications.

The limitations under this "Limitation of Liability" section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this "Limitation of Liability" section allocate the risks under this Contract between the parties, and the parties have relied on these limitations in determining whether to enter into this Contract and the pricing for the Services.

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Indemnity

Admin agree to defend, indemnify and hold Gametize, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable solicitor's fees and costs, arising out of or in way connected with:

1. Your access to or use of the Services or Licensed Applications;
2. Your violation of the terms of these Admin Terms, including without limitation any representations made herein; or
3. Your violation of any third-party rights, including without limitation any intellectual property rights, or publicity, confidentiality, property or privacy rights.

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Survival

The sections titled "Feedback is Welcome", "Third-Party Content", "Our Removal Rights", "Payment Terms", "Coupon Code Redemption", "The Gametize Extended Family", "What's Yours is Yours...", "And What's Ours is Ours", "Effect of Termination", "Data Portability and Deletion", "Representations; Disclaimer of Warranties", "Limitation of Liability", "Indemnity", "Survival", as well as all of the provisions under the general heading "General Provisions," will survive any termination or expiration of the Contract.

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General Provisions

Consent to Use of Data

You agree that Gametize may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision to you of software updates, product support and other services to (if any) that is related to the Licensed Application. Gametize may use this information to improve its products or to provide services or technologies to you. Gametize may also collect personal and Non-Personal Information during your usage of the Licensed Applications. The collection and use of any data is subject to our Privacy Policy.

Publicity

Admin grants us the right to use Admin's company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to Admin's standard trademark usage guidelines as provided to us from time-to-time. We don't want to list Admins who don't want to be listed, so Admin may send us an email to support@gametize.com stating that it does not wish to be used as a reference.

Force Majeure

Neither us nor Admin will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

No Third-Party Rights

A person who is not a party to this EULA has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this EULA.

Email and Gametize Notifications

Except as otherwise set forth herein, all notices under the Contract will be by email, although we may instead choose to provide notice to Admin through the Services (e.g., Notifications). Notices to Gametize will be sent to suport@gametize.com.

Notices will be deemed to have been duly given

• the day after it is sent, in the case of notices through email; and
• the same day, in the case of notices through the Services or Licensed Applications

Modification

As our business evolves, we may change these Admin Terms and the other components of the Contract (except any Order Forms). Please review the most current version of the Admin Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in the Contract. The materially revised Contract will become effective on the date set forth in our notice, and all other changes will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If Admin (or any Authorised End-User) accesses or uses the Services or Licensed Applications after the effective date, that use will constitute Admin's acceptance of any revised terms and conditions.

No failure or delay by either party in exercising any right under the Contract will constitute a waiver of that right. No waiver under the Contract will be effective unless made in writing and signed by an authorised representative of the party being deemed to have granted the waiver.

Severability

The Contract will be enforced to the fullest extent permitted under applicable law. If any provision of the Contract is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Contract will remain in effect.

Assignment

Except with respect to the Gametize Extended Family, neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Contract in its entirety (including all Order Forms), without consent of the other party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Customer will keep its billing and contact information current at all times by notifying Gametize of any changes. Any purported assignment in violation of this section is void. A party's sole remedy for any purported assignment by the other party in breach of this section will be, at the non-assigning party's election, termination of the Contract upon written notice to the assigning party. In the event of such a termination by Admin, we will refund Admin any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Subject to the foregoing, the Contract will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Governing Law

The Contract, and any disputes arising out of or related hereto, will be governed exclusively by the laws of the Republic of Singapore, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods.

The laws of the Republic of Singapore shall govern these Admin Terms and your use of the Services and Licensed Applications, and the courts of Singapore shall have exclusive jurisdiction over any and all disputes arising out of or in connection with these Admin Terms or its formation as a contract between us or their enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the Admin Terms, the prevailing party will be entitled to recover its reasonable costs and counsel's fees. Your use of the Services and Licensed Applications may also be subject to other local, state, national, or international laws.

Entire Agreement

The Contract, including these Admin Terms and all referenced pages and Order Forms, if applicable, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Without limiting the foregoing, the Contract supersedes the terms of any online agreement electronically accepted by Admin or any Authorised End-Users. However, to the extent of any conflict or inconsistency between the provisions in these Admin Terms and any other documents or pages referenced in these Admin Terms, the following order of precedence will apply:

• the terms of any Order Form (if any),
• the Admin Terms and
• any other documents or pages referenced in the Terms.
• Notwithstanding any language to the contrary therein, no terms or conditions stated in an Admin purchase order, vendor onboarding process or web portal, or any other Admin order documentation (excluding Order Forms) will be incorporated into or form any part of the Contract, and all such terms or conditions will be null and void.

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Contacting Gametize

Please also feel free to contact us if you have any questions about Gametize's Admin Terms. You may contact us at support@gametize.com or at our mailing address below:

Gametize Pte. Ltd.
138 Robinson Road
Oxley Tower #07-04
Singapore 068906

-The Gametize Team

Privacy Policy

Effective Date: 24th May 2018

Gametize is a platform that provides content creators an avenue to interact with their audiences. In using our product and services (collectively referred to as "we", "us", "Gametize", "Gametize platform"), information is entrusted to us and we want to make our intentions and processes, and your options, as transparent as possible. Our Privacy Policy will help you understand what information we collect, how it is used and the choices you have as a user.

Gametize provides a platform for users in any capacity to post content including but not limited to photos, comments, Challenges and any other materials that contribute to user experience on Gametize. Depending on the discretion of your interactions with us and other users of the Gametize platform, this Content may be publicly available, visible to and shareable by other users on the platform in accordance with the terms and conditions of this Privacy Policy and our Terms of Service (Admin Terms of Service or EULA, whichever is applicable).

Our Policy applies to users of Gametize in every capacity.

We will explain the following:

• What information we collect and why we do so
• How that information is used
• Your options in accessing and managing that information

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User Roles

If you join a Project as a Guest and/or create a Player account, or if you are an Administrator by virtue of subscribing to a Basic Plan or appointed as one, you are a "user", as further described in the Admin Terms of Service and EULA (whichever is applicable). If you are using Gametize by (explicit and implicit*) invitation of a Administrator - regardless of whether the Administrator is your employer, another organization, or an individual - that Administrator will determine any additional policies regarding storage, access, modification, deletion, sharing, and retention of player data which applies to your use of Gametize. *Implicit invitation refers to an Administrator publishing his Project(s) publicly, allowing any user to access and join the Project(s).

We follow the "what's yours is yours" guideline, where the creator of the intellectual property owns their own content. This means that you retain all your ownership rights in any Content you upload onto the Gametize platform.

You license to Gametize all patent, trademarks, trade secret, copyright or other proprietary rights in and to such Content for publication on the Gametize platform.

You grant Gametize a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to anonymize, use, prepare derivative works of and display the Content in connection with the Gametize platform and Gametize's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Gametize platform (and derivative works thereof) in any media formats and through any media channels.

The above licenses granted by you in Content will terminate within a commercially reasonable time after you remove or delete your Content from Gametize.

You understand and agree that Gametize may retain removed or deleted Content, but not display or use Content for purposes other than analytics and internal research.

The above permissions do not apply to Personal Data. Gametize will not use Personal Data under any circumstances for preparing derivative works or for any purposes other than what has been expressed. Upon your request for deletion, Gametize will not retain any Personal Data for any purposes.

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Information we collect

Content and Personal Data

1. Content

Content and information submitted by users to Gametize are referred to in this policy as "Content". Here are some examples of Content: any data and content created, uploaded, posted, shared or otherwise made available by Administrators through the Gametize platform, and any data and content by Administrators and Players including text, photos, sounds, music, videos, audiovisual combinations, interactive features, profile information and anything else entered or uploaded onto Gametize.

2. Personal Data

During creation of an account, Gametize collects your name and email address. This information is used for evaluating your interaction with the Gametize platform, such as log information and device information. In addition, we aggregate this data to compute engagement rates on the Gametize platform as a whole. As a Player, there may be Projects in which Administrators request for Personal Data. Administrators are required to adhere to our Privacy Policy and take the same measures in protecting Personal Data of their Players as Gametize would its users. That said, we always encourage due diligence before divulging Personal Data in any form, especially so on the Gametize platform where content is created independently by registered Administrators. Other than email services pertaining to the functionality of the Gametize platform, Gametize will not use your email address to send you marketing collaterals, promotions or corporate communications unless you have expressly agreed to receive such material.

Here is a thorough breakdown of the data points collected how we use this information:

• Account creation information. Users provide information such as an email address and password to create an account. If you sign up via social media such as Facebook Connect, you explicitly grant Gametize access to any information you make public on your social media profile. Some of this collected user information may be publicly listed on Gametize. This information is used for account creation and authentication on the Gametize platform. Additionally, names and email addresses may be accessible and downloadable to Administrators of Projects you have joined.
• Billing and other information. For Administrators who purchase a paid version of Gametize, our corporate affiliates and third-party payment processors may collect and store your billing address and credit card information on our behalf. Our payment gateway is powered by Stripe. This information is strictly used for billing purposes only.
• Services usage information. This is information about how you are accessing and using Gametize, which may include administrative and support communications with us and information about the Projects, people, features, content, links you interact with, and third-party integrations you use (if any). This information is used for internal evaluation on platform interaction patterns, engagement rates and analytics, which is downloadable by Administrators of Projects you have joined. This may also be used by Gametize for research and development on the Gametize product. In the event third parties are involved, all data points are anonymized and aggregated to protect your privacy.
• Contact information. With your permission, any contact information you choose to upload is collected when using the Gametize platform. This information is used only for communications between Gametize and you, and will not be used as a channel for marketing and corporate communications unless you have consented to being to receiving such communications. This information is accessible by Gametize and Administrators of Projects you have joined in which you provided this information.
• Log data. When you use Gametize, our servers automatically record information, including information that your browser sends whenever you visit a website or your mobile app sends when you are using it. This log data may include your Internet Protocol address, the address of the web page you visited before using Gametize, your browser type and settings, the date and time of your use of Gametize, information about your browser configuration and plug-ins, language preferences, and cookie data. This information is primarily used for internal purposes, such as establishing usage patterns, troubleshooting, interaction patterns and product development. This information may be shared with third parties to facilitate co-development or troubleshooting. In the event third parties are involved, all data points are anonymized and aggregated to protect your privacy.
• Device information. We may collect information about the device you are using Gametize on, including what type of device it is, what operating system you are using, device settings, application IDs, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings. This information is primarily used for internal purposes, such as establishing usage patterns, troubleshooting, interaction patterns and product development. This information may be shared with third parties to facilitate co-development or troubleshooting. In the event third parties are involved, all data points are anonymized and aggregated to protect your privacy.
• Geo-location information. Precise GPS location from mobile devices is collected only with your permission. WiFi and IP addresses received from your browser or device may be used to determine approximate location. This information is used to enable certain functionalities of the Gametize platform.This information is also used for internal purposes, such as establishing usage patterns, troubleshooting, interaction patterns and product development. This information may be shared with third-parties to facilitate co-development or troubleshooting. In the event third parties are involved, all data points are anonymized and aggregated to protect your privacy.
• Services integrations. If, when using Gametize, you integrate with a third-party service, we will connect that service to ours. The third-party provider of the integration may share certain information about your account with Gametize. However, we do not receive or store your passwords for any of these third-party services.
• Third-party data. Gametize may also receive information from affiliates in our corporate group, our partners, or others that we use to improve Gametize. This might be aggregate level information, such as which IP addresses go with which zip codes, or it might be more specific information, such as the performance of an online marketing or email campaign.

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Our Cookie Policy

Gametize uses cookies and similar technologies, such as single-pixel gifs and web beacons, to record log data. We use both session-based and persistent cookies.

Cookies are small text files sent by us to your computer or mobile device, and from your computer or mobile device to us each time you visit our website or use our desktop application. They are unique to your account or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser deletes them or until they expire.

Some cookies are associated with your account and personal information in order to remember that you are logged in and which Projects you are a part of. Other cookies are not tied to your account but are unique and allow us to carry out site analytics and customization, among other similar things. If you access Gametize through your browser, you can manage your cookie settings there. However, if you disable some or all cookies, the Gametize platform may not function as intended.

Gametize sets and accesses our own cookies on the domains operated by Gametize and its corporate affiliates. In addition, we use third parties including but not limited to Google Analytics and Zendesk for website analytics. You may opt out of third-party cookies from these services by visiting their websites. We do not currently recognize or respond to browser-initiated Do Not Track signals as there is no consistent industry standard for compliance.

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How we use your information

We use your information to provide and improve Gametize and the Gametize platform.

Content

Gametize may access and use Content as reasonably to:

• provide, maintain and improve Gametize;
• prevent or address service, security, technical issues or at a Administrator's or Player's request in connection with customer support matters;
• comply with the law

Other information

We use other kinds of information in providing Gametize, specifically:

• To understand and improve Gametize. We carry out research and analyze trends to better understand how users are interacting with Gametize and improve on feedback.
• To communicate with you by:
  1. Responding to your requests. If you contact us with a problem or question, we will use your information to respond.
  2. Sending emails and Gametize-related messages. We may send you emails and messages as necessary for the full functionality and performance of the Gametize platform as intended. We may also contact you to inform you about changes in the Gametize platform, Gametize offerings, and important Gametize-related notices, such as security and fraud notices. These emails and messages are considered part of the Gametize platform.
• Billing and account management. We use account data to administer accounts and keep track of billing and payments. This information is also used to communicate with you for invoicing and payment matters.
• Marketing and corporate communications. We may need to contact you for marketing and corporate communications such as product updates, new offerings and promotions. Upon your explicit consent, we may send marketing collaterals or for advertising purposes. You can also retract your consent to receiving any of these at any time.
• Security and keeping your information safe. We work hard to keep the Gametize platform secure and to prevent abuse and fraud. From time to time, your information may be accessed by personnel of Gametize to facilitate this process.

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Your choices

Content

Administrators may control your access to the Gametize platform, enable or disable third-party integrations, vote, share, and moderate User Completions and User Comments and these choices and instructions may result in the access, use, disclosure, modification, or deletion of certain or all Content.

Invitations to the Gametize Platform

When an Administrator invites someone to join the Gametize platform through a Project, the Administrator's name will be disclosed in the invitation message sent to the email address of the invited individual. This information is necessary to ensure the invitee knows who has contacted them, and to ensure that the invitee knows the invitation has been sent by a trusted person in order to make an informed decision to join the Project.

Deleting of Personal Information

At any given time, if you do not wish to share your information, you may delete your account by:

• Contacting our Data Protection Officer at privacy@gametize.com.

You will be required to specify the email address registered to your account, full name, and any additional information to facilitate identification and deletion of your Personal Data.

Our Data Protection Officer will contact you regarding your request.

By deleting your account, all personal information associated with your profile including but not limited to name, address, phone number, credit card details will be permanently deleted.

Other information

If you have any questions about your information, our use of this information, your rights or anything pertaining to your data and how its managed, reach out to us at privacy@gametize.com.

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Other Choices

In addition, the browser you use may provide you with the ability to control cookies or other types of local data storage. Your mobile device may provide you with choices around how and whether location or other data is collected and shared. Gametize does not control these choices, or default settings, which are offered by makers of your browser or mobile device operating system.

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Sharing and Disclosure

There are times when information described in this Privacy Policy may be shared by Gametize. This section discusses only how Gametize may share such information. While Gametize holds Administrators to the same standards of data protection as we do, Gametize does not control how Administrators or their third parties choose to share or disclose Content.

Content

Gametize may share anonymized and aggregated Content with parties including:

• Third-party service providers and agents. We may engage third-party companies or individuals such as consultancies or training providers to process Content.
• Third-party integrations. Gametize may, on an Administrator's behalf, share Content with the provider of an integration added by the Administrator. Gametize is not responsible for how the provider of an integration may collect, use, and share Content as this is subject to the privacy policies of those providers.

Other information

Gametize may share other information as follows:

• About Players with the Administrator. There may be times when you, as a Player, will contact Gametize to help resolve an issue specific to a Project you have joined. In order to help resolve the issue, we may anonymize and share your concerns with the related Administrator(s). Alternatively, we may advise you to contact the Administrator(s) directly.
• With third-party service providers and agents. We may engage third-party companies or individuals, such as third-party payment processors, to process information on our behalf. Any Personal Data that is being shared with third-party service providers and/or agents is clearly communicated to you through our Privacy Policy and will not be used for purposes other than what has been expressed.
• With affiliates. We may engage affiliates in our corporate group to process other information. All Personal Data will be anonymized and aggregated.

Other types of disclosure

Gametize may share or disclose Content and Personal Data as follows:

• During changes to our business structure. This includes but is not limited to a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Gametize's assets, financing, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence). In such an event, we will contact you and inform you of the impending data transfer and we will provide a reasonable timeframe for you to withdraw your Personal Data should you wish to do so.
• To comply with laws. To comply with legal or regulatory requirements and to respond to lawful requests, court orders and legal proceedings.
• To enforce the rights of all stakeholders, prevent fraud and for safety. To protect and defend the rights, property, or safety of Gametize, our users or third-parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud.

We may occasionally disclose or use anonymized and aggregated information; for instance, information may be shared with our partners or affiliates for business or research purposes involving data points such as the average number of Challenges completed within a Project in a day, or partnering with research firm or academics to explore questions about gamification.

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Security

Gametize takes security seriously. We take various steps to protect information you provide to us from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the information we collect, process and store, and the current state of technology.

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External Websites

Gametize does not take any responsibility for the content and privacy policies of any external website linked through the Gametize platform. We advise you to click on any external links at your own discretion and to take note of the privacy policies on such external websites to protect yourself.

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Changes to this Privacy Policy

We may change this policy from time to time and if we do, we will post any changes on this page and in certain circumstances, a notification will be made available to you informing you of the changes. If you continue to use the Gametize platform after those changes are in effect, you agree to the revised policy.

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Compliance

The use of your personal information will always be governed by the latest version of this Privacy Policy, which will always be made accessible to you and is PDPA and GDPR compliant. By continuing to access or utilize the Gametize platform following these changes, you agree to be bound by the revised Privacy Policy.

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Contacting Gametize

Please feel free to contact us if you have any questions about Gametize's Privacy Policy. You may contact us at privacy@gametize.com or at our mailing address below:

21 Woodlands Close
#08-34
Primz Bizhub
Singapore 737854

-The Gametize Team