1. The Steam Data Suite service
a. The Steam Data Suite service(the “service”) is part of the Newzoo Group portfolio. As used herein, “we” and “our” refers to Newzoo.
b. The service is continuously in development. We are strongly committed to have the service be uninterrupted, secure and error-free and that results obtained from the use of the service are accurate and reliable, however, we can not guarantee it. Therefore the service is provided on an “as is” and “as available” basis, and your use of the service is at your own risk.
c. If we change the service, we will do our best to let you know as far in advance as possible, but we do reserve the right to modify or terminate the Steam Data Suite service at any time for any reason and without notice, and we cannot accept any liability to you or to any third party for any modification, suspension or discontinuation of the service.
d. Technical support is provided on a best effort basis, by email.
2. Client responsibilities
a. You may not use the Steam Data Suite service for any illegal or unauthorized purpose. Also, with the use of the service, you may not violate any laws in your jurisdiction (including but not limited to privacy and telecom laws).
b. You are responsible for all activity that is transmitted with your Steam Data Suite account, including your Steam account.
c. If you use your account in a way that is illegal or does not otherwise comply with the terms of this agreement, we may, if we think it is reasonable to do so, suspend your account temporarily or suspend it altogether.
d. You must be 18 years or older to use this Service.
3. Prices and payment
a. We bill in 30 day intervals. We will send you an invoice by email at the end of the billing period.
b. If you have any issues with the billing, please bring them up within two weeks. After this period, all invoices are final.
c. All fees are exclusive of applicable sales tax / VAT. We will apply VAT on the basis of the billing address that you give us.
d. We reserve the right to change the prices of the service, without liability to you, but will let you know at least 30 days in advance when we do.
4. Third-Party services
a. The service is designed to provide you with easy access to, and integration and control of third-party tools and services such as Valve’s Steam, Valve’s Steamworks, Google Analytics, Google AdWords and any in-game analytics tools.
b. We do not monitor or control these tools and services. While we will make commercially reasonable efforts to make everything work together, we cannot ensure that the service’s integration of tools will always work, or always work reliably, and provide the service without any warranties, guarantees, representations or conditions of any kind and without any endorsement, and we cannot accept liability to you in connection therewith.
c. You acknowledge and agree that we provide access to and integration of such third-party services “as is” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of the Steam Data Suite service in conjunction with these third-party services. You are responsible for knowing what the terms of those services are and for following or relying on them.
5. Cancellation and Termination
a. You may cancel your account at any time by emailing support@steamdatasuite.com. The termination will become effective at the end of the then current billing cycle.
b. Once your account is cancelled all of your content will be immediately deleted from the service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
6. Use of your data
By linking your platform account(s), your performance data (including sales and revenues) will be shared with us. In addition to being used to provide the Service directly, this data will be used as one of many inputs in the creation and improvement of our data models which, among other things, calculate benchmarks and sales estimates. The output from these models may be used in our commercial products. Your data will not be shared with third parties.
7. Data Security, Privacy and Compliance
a. To the extent that any Personal Data is processed in connection with the Program the terms set forth in the Steam Data Suite Data Processing Agreement , which are hereby incorporated by reference, shall apply.
b. Steam Data Suite collects and stores the information that you submit to our servers or that is processed by our servers to provide the service to you.
c. If we process personal data (sometimes also called personally identifiable data) in connection with your use of the service, including from consumers who play your games, visit your games pages, or are shown your ads, we will process the data on your behalf and meet our obligations as processor under the legislation concerning the processing of personal data.
d. You guarantee that all statutory provisions concerning the processing of personal data, including the requirements of national data protection act and telecommunications act in your jurisdiction, are followed.
e. More specifically, where your use of the services includes the processing of personal data (as described in the EU Data Protection Directive 95/46/EC and the EU Data Protection Regulation (EU) 2016/679). You will be the data controller and we act as processor of any personal data processed via the service, including your data, and we are under an obligation not to process such personal data other than on specific written instruction of you. You will ensure that you are entitled to transfer the relevant personal data to us so that we may lawfully process the personal data in accordance with the agreement and your instructions on your behalf.
f. We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your data, as described in the Documentation. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of your data by our personnel except (a) to provide the service and prevent or address service or technical problems, (b) as compelled by law, or (c) as you expressly permit in writing. While we take industry standard measures to prevent loss of data, we cannot however guarantee against any loss or corruption of data, including your data, or that the services are available without interruption or are error-free. You are responsible for keeping a back-up of your data and for any desired or needed contingency plans.
g. We are not liable for any loss or corruption of data save that in the event of any loss or corruption of data we will use commercially reasonable endeavors to restore your data to the last back-up on our systems, if any back-up is available.
h. You acknowledge and accept that personal data may be transferred or stored outside of the EEA or the country where you are located in order to carry out the services and our other obligations under this agreement.
8. Copyright and Confidentiality
a. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the express written permission consent by Steam Data Suite.
b. You agree that the characteristics, performance, methods, technologies, set-up, parameterization and all other information regarding the Steam Data Suite service (including errors) and the underlying software and documentation and these terms are all considered confidential information and constitute trade secrets belonging to Steam Data Suite. You acknowledge that, under this agreement, Steam Data Suite will make confidential information available to you, and you agree to take all reasonable steps to prevent disclosure of this information and that the information will be made available to your employees and outside personnel strictly on a need-to-know basis.
c. You specifically also agree that you will not reverse engineer the service or the underlying software, except and only to the extent that applicable law expressly permits despite this limitation.
9. Limited Liability
a. In no event will the total aggregate liability of either party together with all of its affiliates arising out of or related to this agreement exceed the total amount paid by you and your affiliates hereunder for the services giving rise to the liability in the 30 days preceding the first incident out of which the liability arose. The foregoing limitation will apply whether an action is in contract, tort (including negligence), breach of statutory duty, restitution or otherwise and regardless of the theory of liability, but will not limit your and your affiliates’ payment obligations or indemnity obligations hereunder.
b. In no event will either party or its affiliates have any liability arising out of or related to this agreement for any lost profits, data, expected savings, revenues, goodwill (in each case whether direct or indirect), nor for any other indirect, special or incidental, consequential loss, costs or damages, whether an action is in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, and regardless of the theory of liability, even if a party or its affiliates have been advised of the possibility of such damages or if a party’s or its affiliates’ remedy otherwise fails of its essential purpose.
c. Nothing in this agreement excludes or limits a party’s liability for death or personal injury caused by that party’s negligence, fraud or fraudulent misrepresentation, or any other liability which may not be properly limited or excluded by applicable law.
10. Changes
As our service is currently still being developed, we may need to update or change amend these terms. If we do so, we will provide you with the changed amended terms by email.
11. Assignment
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this agreement in its entirety (together with any and all order forms), without the other party’s consent to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, this agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
12. Applicable law and dispute resolution
a. Dutch law governs this agreement, with the exclusion of its conflict of laws rules.
b. All disputes arising in connection with this Agreement or further contracts resulting from it will be finally settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (Nederlands Arbitrage Instituut) whereby the place of arbitration will be The Hague, the Netherlands and the arbitral procedure will be conducted in the English language, in writing, with one arbitrator and with the arbitral tribunal deciding in accordance with the rules of law.
c. Notwithstanding the foregoing, we may bring proceedings in the courts of any state or territory which has jurisdiction for reasons other than the parties’ choice for the purpose of seeking an interim injunction, order or other non-monetary relief to protect our intellectual property rights and/or rights in confidential information.