TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME, ARE A LEGAL AGREEMENT BETWEEN BOOMBIT SPÓŁKA AKCYJNA /JOINT STOCK COMPANY/ WITH ITS REGISTERED OFFICE IN GDAŃSK, ZACNA 2 STREET, 80-283 GDAŃSK, ENTERED INTO THE REGISTER OF ENTREPRENEURS OF THE NATIONAL COURT REGISTER KEPT BY THE DISTRICT COURT FOR GDAŃSK – PÓŁNOC IN GDAŃSK, VII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, UNDER KRS NUMBER 0000740933, SHARE CAPITAL PLN 6,770,000.00, NIP: 9571040747, REGON: 221062100 (“BOOMBIT” OR “WE” OR “US”) AND YOU (“YOU”, “CLIENT”). PLEASE READ THESE TERMS AND CONDITIONS INCLUDING PRIVACY POLICY CAREFULLY BEFORE USING BOOMBIT’S WEBPAGES (INCLUDING HTTPS://PLAYABLE.WORKS/, AND HTTPS://EDITOR.PLAYABLE.WORKS/), PLAYABLE ADVERTISEMENTS, SERVICES, AND ANY APPLICATIONS OWNED, OPERATED, LICENSED, OR CONTROLLED BY BOOMBIT. PLAYABLE ADVERTISEMENTS CREATED BY BOOMBIT AND THE USE OF BOOMBIT’S PLAYABLES EDITOR, THE PROPRIETARY DASHBOARD PROVIDED BY BOOMBIT FOR ITERATING AND CUSTOMIZING PLAYABLES, MAY ALSO BE FEATURED THROUGH VARIOUS PLATFORMS AND NETWORKS. BY USING THE SERVICES, INCLUDING THE DEVELOPMENT AND DELIVERY OF PLAYABLE ADVERTISEMENTS AND ACCESS TO BOOMBIT’S PLAYABLES EDITOR AVAILABLE AT HTTPS://EDITOR.PLAYABLE.WORKS/, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHICH INCLUDE, WITHOUT LIMITATION, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A REQUIREMENT THAT YOU MEET SPECIFIED AGREEMENTS AND GUIDELINES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

For the purposes of these Terms and Conditions, all capitalized terms shall have the meanings assigned to them herein. Interpretation of these terms includes both singular and plural forms and is illustrative, not limiting the sense of the words preceding ‘including’. Headings are for convenience and do not affect the interpretation of these Terms as those given in the 

  1. DEFINITIONS

    The following terms have the meanings set forth below: 

    1. “Affiliate” means any legal entity that is (a) directly or indirectly controlling and/or owning a party; or (b) under the same direct or indirect control as the party, or (c) directly or indirectly controlled and/or owned by the party for so long as such control lasts.
    2. “Account” refers to the unique access credentials established by BoomBit for the Client upon signing the Agreement, enabling the Client to utilize the Services at https://editor.playable.works/. The Account is created using the Client’s provided email address, with an initial password assigned by BoomBit. The Client is solely responsible for safeguarding the confidentiality of their Account information, including the password, and bears full responsibility for all activities conducted under this Account. The Client is obligated to promptly report any security breaches or unauthorized Account usage to BoomBit. BoomBit’s liability does not extend to losses or damages incurred due to unauthorized use or inadequate protection of the Account by the Client.
    3. “Agreement” means the specific Playable Advertisement Development Agreement that has been concluded between BoomBit and the Client. This Agreement constitutes a formal and legally binding arrangement between the two parties for the purpose of developing Playable Advertisements.
    4. “Analytics” refers to the collection, processing, and analysis of data regarding the engagement and interactions users have with the Playable(s). This includes metrics such as the number of times a Playable is clicked (“click occurred”), frequency of Playable launches, and other forms of interaction that are collected in an anonymous manner without tracking user IDs or other personal identifiers. The Analytics functionality within BoomBit’s Playable(s) editor provides a suite of tools for visualizing this data through charts and other graphical representations, aiding clients in assessing performance and optimizing their Playable(s). The availability and scope of these analytics may vary depending on the ad network’s policies, with some networks restricting any communication with external servers, thereby limiting the collection and transmission of analytics data.
    5. “BoomBit’s Playable(s) editor” means the proprietary dashboard provided by BoomBit, designed for the iteration and customization of Playable(s). This comprehensive suite of tools enables Client to modify, update, and enhance Playable(s), including aspects such as themes, graphics, gameplay mechanics, and promotional content as well as Analytics feature that provides Clients with post-acquisition data visualization tools. The use of these tools is subject to the terms and conditions set forth by BoomBit, and is intended exclusively for the customization of Playable(s) developed under the scope of this Agreement. The tools are provided to the Client on a licensed, non-exclusive basis, granting them the capability to adapt and refine their Playable(s), while upholding the quality and compatibility standards set by BoomBit.
    6. “Client Assets” means a comprehensive range of assets, resources, and materials, including, but not limited to, Code, Game build, Game design or other Game documentation, as well as any additional relevant elements, all of which are owned, controlled, or legally procured by the Client. These assets are to be provided by the Client to BoomBit expressly for the purpose of facilitating the creation of Playable(s) and fulfilling the obligations as stipulated in this Agreement. Client Assets may encompass a variety of components, such as graphical assets, audio files, narrative content, intellectual property, and technical data, which are integral to the development of Playable(s) or the conversion of the Client’s existing games into engaging playable advertisements. This definition is inclusive but not limited to the aforementioned items, ensuring that all necessary and relevant elements supplied by the Client, which are essential for the successful execution of the project, are covered under this term.
    7. “Code” means computer programming code and includes the following: (a) “Object Code” means computer programming code which is intended to be directly executable by a computer after suitable processing and linking but without the intervening steps of compilation or assembly; and (b) “Source Code” means computer programming code in a form other than Object Code form, and related programmer comments and documentation, which may be printed out or displayed in human readable form, among other forms.
    8. “Confidential Information” means all non-public information including, without limitation, the terms of the Agreement, BoomBit’s Playable(s) editor and its functioning, any information relating to the business, products, affairs and finances of either Party or relating to its service, games (including relevant code/software), processes, know-how, users, suppliers, agents or distributors, whether provided by the disclosing party or which has already come or which comes to the knowledge of the other party, and whether in written, electronic, visual, digital or other tangible or intangible form.
    9. “Game” means any interactive digital entertainment software developed, owned, or controlled by the Client, primarily designed for use on mobile devices. This encompasses a range of genres and formats, including but not limited to action, puzzle, strategy, simulation, and educational games. Each Game is characterized by its unique gameplay mechanics, graphical content, narrative elements, and user interfaces, all tailored for engagement and usability on mobile platforms. The term “Game” includes all versions, updates, modifications, and expansions of such software that the Client possesses or acquires rights to during the term of this Agreement.
    10. “Intellectual Property Rights” means all and any data, information, video, graphics, sound, music, photographs, software, any other materials or content (in whatever format), copyrights as well as all computer code or scripts, whether compiled or not in any computer language or program, all patents, utility models, trademarks, know-how, trade names, domain names, rights in logo and get-up, inventions, all rights in computer software and data, databases, confidential information, trade secrets design rights (whether registered or unregistered) and semi-conductor topographies and all intangible rights, privileges and forms of protection of a nature or having a similar effect to any of the above which may subsist anywhere in the world.
    11. “Order” means a formal request submitted by the Client to BoomBit for the creation of a Playable, as outlined in the Agreement. The Order must include comprehensive details about the specific game from which the Playable Advertisement is to be derived, client’s comments regarding the expected end result, the agreed remuneration, and the scheduled date for completion. 
    12. “Playable(s)” means interactive, digital content created using HTML5 technology for promotional purposes on mobile platforms, integrating gameplay elements from the Client’s Games and/or Assets. These Playable Advertisements offer an immersive experience, combining gaming with marketing to effectively engage users. Customized with themes, graphics, and mechanics inspired by the Client’s Games, each Playable is designed to resonate with the gaming experience while fulfilling specific promotional objectives.
    13. “Services” means a comprehensive range of activities and offerings provided by BoomBit, including but not limited to the design and development of Playable advertisements (Playables) as specified in the Client’s Order, using Client Assets. Additionally, Services extend to providing the Client with monthly access to BoomBit’s Playables Editor, which services are made available through BoomBit’s webpages (including https://playable.works/, and https://editor.playable.works) and may be featured across various platforms and networks, all under the terms and conditions detailed in this Terms and Conditions as well as in the Agreement. 
    14. “Website(s)” means the online platform operated by BoomBit, accessible via URLs including but not limited to https://playable.works/ and https://editor.playable.works/. This website serves as a digital hub for accessing BoomBit’s Services, tools, and information related to the development, customization, and use of Playable(s). It provides Clients with various functionalities, including the ability to utilize BoomBit’s Playables Editor, access service details, and interact with digital content related to BoomBit’s offerings.
  1. CHANGES TO THESE TERMS AND CONDITIONS 

    BoomBit reserves the right to change or modify any of the Terms and Conditions at any time, in its sole discretion, by posting changes on the BoomBit’s Website(s). Your continued use of the Services, including the creation and delivery of Playable(s), following the posting of such changes or modifications will constitute your acceptance of the revised Terms and Conditions. If you do not agree to these revised Terms and Conditions or any subsequent changes or updates, your sole remedy is to discontinue using BoomBit’s Services and to cancel any ongoing Playables development agreements you have entered into. BoomBit reserves the right to discontinue the Services or change the content of the Services, including any features or aspects related to the development of Playables, with or without prior notice, for any reason. You agree that BoomBit will not be liable for any discontinuation of or changes to the Services, and you understand that you shall not be entitled to any refund of fees or other compensations for discontinuation of or changes to the Services.

  1. ACCOUNT CREATION AND RESPONSIBILITY
    1. Upon signing the Agreement, BoomBit will create a Client Account for you to access and use the Services available at https://editor.playable.works/. This Account will be set up using the email address provided by you during the contractual process, and BoomBit will assign an initial password. You are responsible for maintaining the confidentiality of your Account information, including the password, and for all activities that occur under your Account.
    2. You must promptly inform BoomBit of any security breach or unauthorized use of your Account. This includes but is not limited to, any loss, theft, or unauthorized disclosure of your password or credit card information. In the event of such a security breach, BoomBit will assist you in taking the necessary steps to protect your Account, including password reset or Account deactivation as appropriate. BoomBit will not be liable for any loss or damage arising from your failure to protect your Account credentials or from unauthorized use of your Account. It is your responsibility to ensure the security and confidentiality of your Account information, and to notify BoomBit immediately if you suspect any unauthorized use or other security issues. 
    3. BoomBit reserves the right to suspend or terminate your Account if it is used in a manner that is inconsistent with these Terms and Conditions or if any misuse or fraudulent activity is suspected. Any such suspension or termination will be in BoomBit’s sole discretion and may occur without prior notice to you.
  1. INTELLECTUAL PROPERTY AND USAGE RIGHTS

    All Content available on our webpages (including https://playable.works/, and https://editor.playable.works/), as well as all derivative works thereof (collectively, the “Materials”), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All BoomBit trademarks and service marks, logos, slogans and taglines are the property of BoomBit. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on BoomBit without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.

  2. LICENSE GRANT AND RESTRICTIONS

    You are granted a non-exclusive, revocable, limited, transferable, and non-sublicensable license by BoomBit to use the Services for the commercial use and distribution of Playable(s) created using BoomBit’s Playables Editor. This encompasses a worldwide, perpetual, non-exclusive, and royalty-free license to use, copy, modify, and distribute the Playables for promotional activities. However, certain restrictions apply to protect BoomBit’s proprietary tools and services:(a) Resale and Access Limitations: You are not permitted to resell, lease, or provide access to BoomBit’s Playables Editor, either directly or through any third-party arrangement.(b) Distribution of Playables: While you are allowed to commercially use and distribute the Playable(s) created through the Services, you may not distribute, publicly perform, or publicly display the Playables Editor itself or any part of the Services unrelated to the finished Playables.(c) Content Modification and Derivative Works: You may modify and create derivative works from the Playable Advertisements created using the Services. However, creating derivative works from, modifying, revising, or otherwise making any derivative uses of the Playables Editor or any other part of the Services is strictly prohibited.(d) Prohibition on Decompilation and Reverse Engineering: Decompilation, reverse engineering, or otherwise attempting to derive the source code for the Playables Editor or any other part of the Services is prohibited, except to the extent that such activities are expressly permitted by applicable law.(e) Intended Use: The Services, including the BoomBit’s Playables Editor, are to be used solely for the intended purpose of creating and distributing Playable Advertisements. Any use of the Services beyond this scope is not permitted under this license.This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.Violation of any of these terms may result in the immediate revocation of this license and potential legal action. You acknowledge that BoomBit retains all rights, title, and interest in and to the Playables Editor and all other parts of the Services, not expressly granted under this license.

  1. SUBSCRIPTION TO BOOMBIT’S PLAYABLES EDITOR

    Subscription to BoomBit’s Playables Editor
    Following Playable(s) delivery, the Client receives one month of complimentary access to BoomBit’s Playable(s) Editor, facilitating familiarity with its features.Subscription Extension
    Post-complimentary period, the subscription automatically renews monthly. The fee, as detailed in the provided price list or contract, is invoiced in advance. Lack of cancellation from the Client confirms agreement to these terms, ensuring uninterrupted service.Additional Orders
    Each new Playable(s) order grants an extra month of complimentary access, with these benefits being cumulative for multiple orders. Discontinuation of the BoomBit’s Playable(s) editor service by BoomBit results in the forfeiture of unused access without refund.General Terms
    This subscription is integral to our services, adhering to the Agreement’s terms, including those concerning termination, payment, and renewal.

  1. CLIENT ASSETS
    1. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Client Assets”). BoomBit is not responsible for your Client Assets. You hereby grant BoomBit a worldwide, royalty-free, non-exclusive license to host and use the Client Assets in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Client Assets that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Client Assets regularly and frequently.
    2. Client acknowledges that due to the technical constraints of ad networks, particularly the standard limitation requiring Playable(s) limits on the number of MB of memory used, there is a possibility that the Client Assets may not be inherently suitable for production or compression within this limit. In the event that the provided assets exceed the aforementioned size limitation, BoomBit will undertake necessary optimization, which may include modifying, compressing, or omitting certain assets to adhere to network restrictions. Consequently, this may result in a Playable(s) of a quality that does not fully replicate the original Game or the initial assumptions. It is explicitly understood that the Playable(s), due to these constraints, will inherently differ from the original Game as recreating the entire game within the ad networks limits is not feasible. The Client accepts that these adjustments are essential to the delivery of the Playable(s) and agrees not to hold BoomBit liable for any degradation in quality or deviations from the original game that result from these necessary modifications.
  1. FEEDBACK 
    1. The Client agrees to provide timely, clear, and detailed feedback on the functionality, usability, and overall quality of the Playable(s). This feedback should be constructive and specifically targeted to aid BoomBit in enhancing the Playable Ads effectiveness and appeal.
    2. The Client is obligated to engage actively and collaboratively with BoomBit. This includes a commitment to promptly respond to BoomBit’s queries and requests for clarifications, and to participate in essential discussions for resolving issues, implementing bug fixes, and improving the overall quality of the Playable(s).
    3. All forms of reports, materials, information, ideas, concepts, feedback, and know-how provided by the Client to BoomBit regarding the Playable(s) will be considered the exclusive property of BoomBit. BoomBit retains the right to use, modify, and incorporate such contributions into the Playable(s) or other projects, without any obligation or compensation to the Client.
  1. PRIVACY

    Please review our Privacy Policy (which also governs your visit to this website) to understand our practices at [https://playable.works/privacy-policy/].

  1. CONFIDENTIALITY
    1. Each Party shall treat as confidential all information originating from the other Party, which is qualified as Confidential Information. Neither Party shall disclose Confidential Information save as may be required by law or as necessary to perform the obligations under this Agreement. Within 10 days of the termination of the Agreement, each Party will return all Confidential Information to the rightful owner; to the extent this is reasonably possible. Confidential Information shall be covered by the secrecy referred to in Article 23 of the Polish Anti-unfair Competition Act, which shall remain in force for the entire duration of this Agreement and after its termination.
    2. The duties referred to in this Agreement do not relate to:
      • any publicly available information, unless they became publicly available in consequence of the Party’s breach of the obligation referred to in this Section;
      • disclosure of information which the Party is required to disclose on the basis of prevailing laws or court rulings;
      • disclosure of information to members of the managing or the supervisory authority of the Party, its employees, advisors, statutory auditors or attorneys, provided that the Parties will be responsible for the actions and omissions of the persons to whom they disclosed the Confidential Information on the basis of this Section as for their own actions; or
      • disclosure of information with the prior written consent of the other Party.
  1. CLIENT GUIDELINES

    You agree to all of the following:

    • You will not use the Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
    • You will not use the Services or Materials to impersonate another person.
    • You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by BoomBit without our express written permission.
    • You may not upload, post, email, transmit or otherwise make available or initiate any Client Assets that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Content or Services or that may impact the ability of any BoomBit Client to access the Content and Services.
    • You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
    • You will not attempt to or actually access the Content or Services by any means other than through the interfaces provided by BoomBit.
    • You will not attempt to or actually override any security component included in or underlying the Services.
    • You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on BoomBit’s infrastructure.
    • You guarantee that all the Client Assets and materials provided are either their own intellectual property or are used with proper authorization, and that their use by BoomBit for the purpose of this Agreement will not infringe upon the rights of any third parties.
    • You will not publish Client Assets, that is:
      • Pornographic, sexually explicit, or violent
      • Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another)
      • Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous
      • Breaches another’s privacy. 

BoomBit may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in Client information tracking with such information being stored to identify the offending Client. Offending Clients may be permanently restricted from holding an account or using the Services. If BoomBit reasonably determines that your account is being used for illegal or fraudulent activity, then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.

  1. DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY
  1. Risk Acknowledgment and Warranty Disclaimer: YOU AGREE THAT YOUR USE OF THE BOOMBIT WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BoomBit, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BoomBit MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE BoomBit WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE BoomBit WEBSITE.
  2. Limitation of BoomBit’s Liability: BOOMBIT SHALL NOT BE LIABLE FOR ANY CONSEQUENCES RESULTING FROM ACCOUNT BLOCKING BY ANALYTICS SERVICES, ADVERTISING NETWORKS, OR ANY OTHER FORM OF REJECTION OR PENALIZATION BY SUCH NETWORKS. THIS LIMITATION OF LIABILITY EXTENDS TO ANY DIRECT OR INDIRECT CONSEQUENCES ARISING OUT OF SUCH ACTIONS THAT ARE BEYOND THE CONTROL OF BOOMBIT.
  3. Client’s Liability for Use of Playable(s) Editor: The Client acknowledges and agrees that it assumes all liability in connection with the use of BoomBit’s Playable(s) Editor for the iteration and customization of Playable(s). BoomBit shall not be held responsible for any errors, omissions, or issues that arise as a direct or indirect result of the Client’s actions or decisions made while using the Playable(s) Editor. The Client shall be solely responsible for ensuring that the use of the Playable(s) Editor complies with all applicable laws and regulations.
  4. Client’s Indemnification Obligations: Client agrees to hold harmless, defend, and indemnify BoomBit and its Affiliates, and their respective officers, directors, shareholders, employees, agents, and other representatives, against any pending, threatened, resolved, or settled third-party claims, liabilities, demands, judgments, or causes of action, and costs and expenses related thereto (including reasonable attorneys’ fees and costs, arbitration fees, and costs) (collectively “Claims”), arising out of: (a) Client’s development, distribution, use or of Playable(s) created under this Agreement, including any issues or defects discovered during and after the delivery of Playable(s); (b) any contents of Client Assets used in the creation of Playable(s); (c) any breach of this Agreement or applicable law by Client; (d) Client’s or its representatives’ breach of any applicable law or failure to advise BoomBit of the requirements of any applicable law in relation to the Playable(s); or (e) any gross negligence or willful misconduct of Client or its Affiliates or any of their respective directors, officers, employees, contractors, agents, or other representatives in relation to the obligations and activities under this Agreement.
  5. BoomBit’s Indemnification Obligations: BoomBit agrees to hold harmless, defend and indemnify Client and its Affiliates, and their respective officers, directors, shareholders, employees, agents and other representatives, against any Claim arising out of: (a) any breach of this Agreement by BoomBit; or (b) any gross negligence or willful misconduct of BoomBit or its affiliates or any of their respective directors, officers, employees, contractors, agents or other representatives.
  6. Analytics Data: The Client acknowledges that while BoomBit endeavors to provide comprehensive analytics through the BoomBit’s Playable(s) editor, the collection and quality of such analytics may be subject to the limitations and policies of external ad networks. BoomBit is not responsible for any restrictions imposed by ad networks that may prevent the transmission of data events from the Playable to BoomBit’s servers. In cases where an ad network prohibits such communication, the capability to collect analytics will consequently be impeded or may cease entirely. The Client agrees to use the analytics provided in the BoomBit’s Playables editor at their own risk and acknowledges that BoomBit shall not be liable for any inability to collect, or any inaccuracies in, the analytics data due to such external restrictions
  7. Ad Network Approval and Analytics Transmission: The Client acknowledges that third-party ad networks may reject the Playable(s) during their review process or may ban the transmission of analytics. BoomBit ensures compliance with the standard requirements of ad networks but cannot guarantee acceptance of Playable(s) by all networks. The Client agrees that BoomBit shall not be liable for any rejection or penalties resulting from the submission of Playable ads or for the discontinuation of analytics services due to ad network policies.
  8. Restrictions on the Use of Playable(s) Editor: Client will not (and will not allow any third party to): (i) copy or duplicate the BoomBit’s Playable(s) editor or Services; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the BoomBit’s Playable(s) editor; (iii) modify, translate, or create derivative works based on the BoomBit’s Playable(s) editor; (iv) rent, lease, distribute, sublicense, resell, pledge, assign, or otherwise transfer or encumber rights to the BoomBit’s Playable(s) editor; or (v) remove or otherwise alter any proprietary notices or labels from the BoomBit’s Playable(s) editor or any portion thereof.
  9. Discontinuation of the BoomBit’s Playable(s) editor service: In the event that BoomBit discontinues the “BoomBit’s Playable(s) editor” service, any accumulated complimentary access months to the editor that the Client has yet to use will be forfeited without the right to refund. The Client acknowledges that cessation of the editor service by BoomBit will terminate any unused access periods, and the Client shall not be entitled to any compensation or reimbursement for any such unused access.
  10. Server Availability: BoomBit strives to maintain uninterrupted service and server availability for the Playable(s) editor and related services. However, BoomBit cannot guarantee 100% uptime due to the possibility of unforeseen technical issues or maintenance requirements. The Client acknowledges that occasional downtime may occur and agrees that BoomBit shall not be liable for any consequences, losses, or damages resulting from such service interruptions.
  11. Indemnification and Limitation of Liability: The Client agrees that BoomBit will exercise due care and skill in the development and functioning of the Playable(s). However, BoomBit shall not be liable for any indirect, incidental, consequential, special or exemplary damages, including but not limited to, loss of profits, data, or other intangible losses (even if BoomBit has been advised of the possibility of such damages), resulting from: (i) the performance or operation or the Client’s use of the Playable(s); (ii) any provision of or failure to provide the Playable(s); or (iii) any information available through the Playable(s). The Client agrees to indemnify and hold harmless BoomBit from any claims, damages, liabilities, and expenses arising from the Client’s use of the Playable(s) in a manner inconsistent with this Agreement or resulting from any failure of the Playable(s) to perform as expected during critical periods such as a Game launch or similar. 
  12. Limitation of Liability for Damages: IN NO EVENT WILL BOOMBIT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE, INCURRED BY CLIENT ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL BOOMBIT BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE AMOUNTS PAID BY CLIENT TO BOOMBIT DURING THE SIX-MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME THAT THE CAUSE OF ACTION AROSE.
  13. BoomBit disclaims all liability for the accuracy, completeness, or availability of data provided through the Analytics feature within the Playable(s) editor. The client acknowledges that Analytics is dependent on third-party ad networks’ policies, and some networks may restrict data communication, which can limit the Analytics feature’s functionality. BoomBit shall not be liable for any loss, damage, or inconvenience caused by such limitations or inaccuracies in Analytics data, or for any decisions made based on such data. 
  14. The Client acknowledges that the Analytics provided by BoomBit are reliant on the data made available through third-party ad networks. As such, the availability, accuracy, and completeness of Analytics are subject to the limitations and restrictions imposed by these ad networks. BoomBit is not responsible for any limitations in Analytics data caused by third-party ad network policies and does not warrant the continuous availability of such data. The Client agrees to hold BoomBit harmless for any losses or damages resulting from these limitations.
  15. BoomBit reserves the right to remove Analytics, data and user information from the Playable(s) editor service for any client account that has not maintained an active subscription for a period of one year. BoomBit is not obligated to retain such data beyond this period of inactivity. Clients who have not subscribed within this time frame will retain access to the Playable builds created during their paid subscription, but will not be permitted to create new variations or access analytics data until a new subscription is activated.
  16. BoomBit specifies that the ability to iterate Playable(s) and access to Analytics within the BoomBit editor Playable(s) editor service is confined to the active subscription period. If a subscription is not renewed within one year, BoomBit reserves the right to permanently remove access to analytics, data, and user information for the Client’s account. Upon reinstatement of a subscription after such a period, the Client acknowledges that previous analytics, data, and user information may no longer be accessible, and the creation of new Playable variations or access to past analytics will require a new subscription initiation. 
  17. Browser Compatibility: BoomBit ensures that the BoomBit’s Playables editor is optimized for use with the Chrome browser and recommends its use for the best experience. However, BoomBit does not guarantee that the BoomBit’s Playables editor will operate flawlessly on other browsers. The Client acknowledges that variations in performance and functionality may occur when using browsers other than Chrome, and BoomBit disclaims all liability for any such discrepancies. It is the Client’s responsibility to ensure compatibility when choosing to use the editor on alternative browsers.
  18. Device Compatibility: BoomBit designs Playable(s) to operate on devices that meet the hardware requirements of the Client’s Game upon which they are based. However, BoomBit does not guarantee that the Playable(s) will function on all devices. Compatibility is contingent upon the device meeting these specified hardware requirements. The Client acknowledges that discrepancies in Playable(s) performance may occur due to variations in device hardware and agrees that BoomBit shall not be held liable for such inconsistencies.
  19. Device Compatibility: BoomBit ensures that Playable(s) are designed to meet the hardware specifications outlined by prominent app stores, such as Google Play and the App Store, for the Client’s Game. However, BoomBit does not guarantee functionality on devices with hardware below those specifications. Compatibility is based on devices meeting or exceeding these app store-defined requirements. The Client recognizes that Playable(s) performance may vary on devices not meeting these criteria and agrees that BoomBit is not liable for performance issues attributable to lower hardware capabilities.
  20. Technical Limitations: BoomBit is not responsible for playback issues related to technical limitations of web browsers. Certain functionalities, including audio playback, may require user interaction due to browser-imposed restrictions. These limitations are determined by the developers to enhance user experience and security. The Client acknowledges that such technical constraints are beyond BoomBit’s control and agrees that BoomBit shall not be held liable for any discrepancies in Playable(s) performance arising from these restrictions.
  21. Ad Network Compatibility: BoomBit will optimize the Playable(s) for compatibility with a selection of leading ad networks, including Applovin, Google Ads, Ironsource, Facebook, TikTok, Unity, Mintegral, Kwai, Molocco among others. While BoomBit endeavors to ensure Playable(s) function seamlessly across these recommended networks, the Client acknowledges that changes in network policies or technical requirements may affect Playable performance. BoomBit cannot guarantee flawless operation on all platforms at all times and shall not be liable for issues arising from network-specific limitations or compatibility changes.
  22. “As Is” Provision of Services and Materials: ANY PLAYABLES, SERVICES, OR MATERIALS PROVIDED BY BOOMBIT TO CLIENT IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOOMBIT, ITS AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE IMPLIED BY COURSE OF DEALING OR TRADE USAGE OR PRACTICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE PLAYABLES AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM THE PLAYABLES OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE BOOMBIT ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
  23. Specific Acknowledgment by Client: YOU SPECIFICALLY ACKNOWLEDGE THAT BoomBit SHALL NOT BE LIABLE FOR Client CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  24. Website Use and Security of Client Content: BoomBit DOES NOT RECOMMEND THE USE OF THE WEBSITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY Client CONTENT.
  25. Website Accessibility and Legal Compliance: BoomBit MAKES NO REPRESENTATIONS THAT THE BoomBit WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE BRANDED MINI-GAMES WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
  1. EXCLUSIVE REMEDY

    IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, THE CONTENT OR THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE, THE CONTENT OR THE SERVICES. UNDER NO CIRCUMSTANCES SHALL BoomBit, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE WEBSITE, THE CONTENT, THE SERVICES OR Client CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE WEBSITE, THE CONTENT, THE SERVICES, THE MATERIALS OR Client CONTENT AVAILABLE ON OR THROUGH THE SITE.

  1. INDEMNIFICATION

    You agree to defend, indemnify and hold harmless BoomBit, its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the BoomBit Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Client Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the BoomBit’s Website.

  1. DISPUTES

    You agree that: this Agreement and the rights and obligations of the Parties hereunder shall be governed by, construed and interpreted in accordance with the laws of Poland, irrespective of its rules governing conflict of laws;

  1. in the case of a dispute between the Parties regarding the validity, interpretation or performance of this Agreement, the Parties agree to use its best efforts to resolve the dispute amicable within 30 days after one Party notifies the other Party that a dispute has arisen;
  2. if the Parties do not reach an amicable solution within 30 days after one Party is notified by the other Party that a dispute has arisen, the dispute will be resolved by a relevant court having jurisdiction over the registered seat of BoomBit.
  1. MISCELLANEOUS
  1. Should any part of these Terms and Conditions be deemed unenforceable, the remainder shall continue to be valid and enforceable. Failure by us to enforce any provision of these Terms and Conditions does not constitute a waiver of our rights.
  2. Amendments or waivers of these Terms and Conditions must be in writing and will be valid only if posted on our Website. You may not transfer any of your rights or obligations under these Terms and Conditions without our consent.
  3. Our rights and obligations under these Terms and Conditions may be assigned by us in the event of a merger, acquisition, sale of assets, by operation of law, or otherwise. These Terms and Conditions do not grant rights to any third-party beneficiaries.
  4. A printed version of these Terms and Conditions and any electronically provided notices will be admissible in judicial or administrative proceedings to the same extent and under the same conditions as other business documents originally in printed form.

If you have any inquiries about data security, our services, or specific questions related to these terms of service, please feel free to reach out to us at the following e-mail address: legal@boombit.com.