Please find an overview of the Telescope Labs Terms of Service below.

1. Acceptance of terms

• 1.1 Telescope Labs Ltd, Demsa Accounts, 278 Langham Rd, London N15 3NP, United Kingdom (“Telescope Labs”) welcomes you. Telescope Labs provides its service to you (either an individual or a legal entity that you represent as an authorized employee or agent) (“You” and the phrase “Your” shall be construed accordingly) subject to the following Terms of Service and our Privacy Policy, which may be found at Privacy Policy and which is incorporated herein by reference into these Terms of Service.

  
  

• 1.2 You can review the most current version of the Terms of Service and Privacy Policy at any time at: Terms of Service

  
  

• 1.3 By signing up and creating an account with Telescope Labs you agree to be bound by these terms and conditions and Privacy Policy (the “Agreement”).

2. Amendment

• 2.1 Telescope Labs reserves the right to enhance, expand or condense the service by introducing or removing features, functionalities, or improvements, which will be covered under these terms and conditions. Additionally, Telescope Labs retains the right to modify or alter any of the terms and conditions outlined in this Agreement, exercising its sole discretion. Changes and modifications will be made available to users by posting them at www.telescopelabs.io or any other URL that Telescope Labs may provide periodically. By continuing to utilise any aspect of the Services (as defined below), you signify your acceptance of these changes or modifications.

3. Certain definitions

• 3.1 In this Agreement, the following words have the meanings set out below:

  
  

  • “Account” refers to your personal account for accessing and using the Telescope Labs platform. You will receive an Account when you create or sign up for a Telescope Labs account.

    
    

  • “Customer Data” encompasses all information and data related to the characteristics and activities of the users (referred to as “Players”) that is collected through the use of the Tracking Code. This data is then transmitted to the Servers and analysed by the Processing Software.

    
    

  • “Documentation” refers to any accompanying proprietary documentation provided by Telescope Labs for your reference and use in conjunction with the Service. This includes both offline and online documentation

    
    

  • “Game” signifies the Game or Games that is associated with your Account and utilize the same Tracking Code.

    
    

  • “Player” denotes an individual user of your Game, who engages within your Game.

    
    

  • “User” encompasses any individual or entity that utilizes our platform, including both Account holders and Players.

    
    

  • “User Data” refers to any information or data pertaining to Users that is collected, processed, or stored during their interactions with the Services provided by Telescope Labs.

    
    

  • “Third-Party Software” refers to external software or tools that Telescope Labs may utilize to track website activity or collect analytical data regarding User interactions with the Services. These third-party software tools are used to enhance the functionality and effectiveness of our platform.

    
    

  • Tracking Code:

    
    

  • Please note that the term “Player” specifically refers to users within your Game, while “User” refers to anyone using our platform, including Account holders and Players.

4. Description of service

• 4.1 Telescope Labs provides game developers with access to a certain game development and analytics resources, including but not limited to, various software applications, site profile services, game development analytics and game usage analytics.

  
  

• 4.2 You understand and agree that the Service is provided “AS-IS” and that Telescope Labs assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings, game or any other type of data. You are responsible for obtaining access to the Service.

5. Fees and services

• 5.1 The Service is available in both free and paid account options. The free Account provides access to basic features and allows you to track an unlimited amount of Customer Data events per month.

  
  

• 5.2 Telescope Labs reserves the right, at its sole discretion, to modify its fees and payment policies for the Service. Any changes to the fees or payment policies will be communicated to you through the Pricing Policy (or any other designated URL specified by Telescope Labs) and your continued use of the Service after receiving such notification will be considered as acceptance of the updated terms. Additionally, Telescope Labs retains the sole right to make changes to the platform, including the removal of certain features or services.

  
  

• 5.3 In cases where an Account remains inactive for a period of ninety (90) days, Telescope Labs may delete any or all of your Accounts and the associated Customer Data without prior notice.

  
  

• The availability of free services is subject to Telescope Labs' discretion, and the company reserves the right to modify or discontinue free services at any time, including the removal of previously offered free features.

6. Account, password and security

• 6.1 To register for the Service, You must complete the registration process by providing Telescope Labs with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You represent that You are of legal age to form a binding contract.

  
  

• 6.2 You shall protect the confidentiality of the passwords and username issued to you by Telescope Labs and take full responsibility for Your own, and third party, use of Your password or Account. From time to time, Telescope Labs' (or its wholly owned subsidiaries’) support staff may log in to the Service under Your password in order to maintain or improve the Service, including to provide You assistance with technical or billing issues. You hereby acknowledge and consent to such access.

7. Non exclusive license

• 7.1 Telescope Labs hereby grants You a limited, revocable, non-exclusive, non-transferable licence (without the right to sub-licence) to install, copy and use the Tracking Code solely to the extent necessary to use the Service for one or more Games that You own and control. Telescope Labs also grants you the right to remotely access, view and download the reports relating to Games. Your licence of the Tracking Code and your use of and access to the Service (which includes, without limitation, the Software, Documentation and the reports relating to Games) is conditional upon Your compliance with the terms and conditions of the Agreement.

• 7.2 You will not nor will You allow any third party to:

  
  

  • copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation;

    
    

  • reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software, except to the extent applicable laws specifically prohibit such restriction

    
    

  • rent, sublicense, lease, sell, assign or otherwise transfer rights (or purport to do any of the same) in or to the Tracking Code, the Processing Software, the Documentation or the Service

    
    

  • remove any proprietary notices or labels on the Software or which are otherwise placed by the Service; or

    
    

  • use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. Subject to Clause 7.3, You will use the Software, Service and reports relating to Games solely for Your own internal use, and will not make the Software or Service available for time sharing, application service provider or service bureau use. You will comply (and shall ensure that any third parties to whom You grant access to the reporting functions of the Software comply) with all applicable laws and regulations relating to the use of and access to the Documentation, Software, Service and reports relating to Games.

• 7.3 You may not provide access to the Software to third parties. However, You may (at Your own risk) provide access to the reporting functions of the Software to third parties (a “Third Party”) as long as You do not directly or indirectly charge a service fee for granting such access and provided that You remain responsible for such Third Parties’ use of any information or other material You provide.

  
  

• 7.4 The licence granted above and your right of use of the Service will terminate immediately if You fail to comply with the terms of this Agreement and the provisions of Clause 14 will apply.

  
  

• 7.5 Failure to comply with the terms and conditions outlined in this Agreement, including the restrictions and obligations specified in Sections 7.2, 7.3, and 7.4, may result in serious legal consequences and implications. Such consequences may include, but are not limited to, legal action, termination of the granted license, and potential remedies or damages as determined by applicable laws. Unauthorised copying, modification, reverse engineering, or other prohibited activities may infringe upon intellectual property rights and violate legal obligations. Improper use, sharing, or transfer of the Software, Documentation, or Service may also breach contractual obligations and subject you to liability. Telescope Labs emphasises the importance of adhering to this Agreement and expects users to respect intellectual property rights, privacy, and security.

8. Confidentiality

• 8.1 For the purposes of this Agreement, “Confidential Information” includes any proprietary data and any other information disclosed by one party to the other in writing and marked “confidential” or disclosed orally and, within five business days, reduced to writing and marked “confidential”. However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party’s possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information or any allowed usage by Telescope Labs of information as described in this Agreement.

  
  

• 8.2 Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.

9. Privacy

• 9.1 You will comply with your obligations relating to Personal Data that apply to you under applicable Data Protection Laws (including applying appropriate technical and organizational security measures to prevent the occurrence of a personal data breach) under or in connection with this Agreement.

  
  

• 9.2 You will ensure that You have provided adequate notices to data subjects (including without limitation all individual Players and other end-users), in each case, to the extent necessary for Telescope Labs to process their Personal Data in connection with this Agreement and as described in the Telescope Labs’ Privacy Policy. Such information can be provided by displaying a prominent link to Telescope Labs’ Privacy Policy.

• 9.3 You will ensure that You have obtained valid consents from data subjects (including without limitation all individual Players and other end-users), in each case, to the extent necessary for Telescope Labs to process their Personal Data in connection with this Agreement and as described in the Telescope Labs’ Privacy Policy including, without limitation for the following activities:

  
  

  • The installation of the Tracking Code in the Player’s device for the purposes of collecting Customer Data;

    
    

  • The carrying out of automated processing (including profiling); and

    
    

  • The sharing of Customer Data with third party data controllers for direct marketing and other mobile advertising purposes.

• 9.4 You must not circumvent any privacy features (e.g., an opt-out) that are part of the Service and You will not by act or omission, cause Telescope Labs to violate any Data Protection Laws, notices provided to, or consents obtained from, data subjects as result of processing Personal Data in connection with the Service and this Agreement.

• 9.5 We may by use of random sample, check whether You have implemented a privacy policy that meets the requirements mentioned above. Unavailable, insufficient or otherwise non-compliant privacy policy will be regarded as a material breach of the Agreement. Under such circumstances, the Agreement may be terminated by Telescope Labs at any time, however, You will be provided a reasonable notice to remedy the breach. We may also request from time to time that you share records of consents obtained with us.

  
  

• The data collected by Telescope Labs may without limitation be used for the purposes of the game development and for analytical purposes. Telescope Labs shall have the right to use all data collected during the Service or otherwise pursuant to this Agreement (i) to perform its obligations and enforce its rights under this Agreement, (ii) to operate and improve its Service and (iii) for analytics and general reporting or research purposes, notably as part of the Service enhancement. You grant to Telescope Labs a worldwide, perpetual, irrevocable, non-transferable, non-exclusive, royalty-free license to use any such data for the purposes set forth herein.

  
  

• 9.6 User Data and Third-Party Services: At Telescope Labs, we track user data and utilise third-party services for tracking and related purposes. This includes the collection and analysis of User Data and its transmission to our servers. We may use third-party software and services to enhance our tracking capabilities and improve the functionality of the Service. By using our platform, you acknowledge and agree to the collection, processing, and use of your user data as described in our Privacy Policy and the utilisation of third-party services for tracking and related purposes.

10. Indemnification

• 10.1 You agree to indemnify Telescope Labs, its agents, affiliates, directors, officers, employees, and partners (collectively referred to as “Telescope Labs Parties”), and hold them harmless from any loss, liability, or cost arising out of the following:

  
  

  • a) Your violations of any applicable laws, rules, or regulations in connection with Your use of the Service. You acknowledge that it is your responsibility to comply with all relevant laws, rules, and regulations governing your use of the Service, including but not limited to data protection and privacy laws.

    
    

  • b) Any breach of the provisions of this Agreement by any third party to whom You provide access to Your Account or the reporting functions of the Software. You understand that it is your obligation to ensure that any third party granted access to your Account or the Software complies with the terms and conditions of this Agreement. You shall be solely responsible for any actions, omissions, or violations committed by such third parties.

    
    

  • c) Any claim against Telescope Labs made by any such third party in connection with the third party's access to Your Account or the Service. You acknowledge and agree that Telescope Labs shall not be held liable for any actions or conduct of third parties granted access to your Account or the Service. In the event that a third party brings a claim against Telescope Labs related to their access to your Account or the Service, you shall bear the responsibility to defend Telescope Labs, including all associated costs, and shall reimburse Telescope Labs Parties for any losses or damages incurred as a result of such claim.

    
    

• 10.2 In the event that a claim, action, or proceeding is brought against any Telescope Labs Party, the indemnified party shall promptly notify You in writing of such claim and provide reasonable cooperation and assistance in the defense thereof, at your expense. You shall have the right to control the defense and settlement of any such claim, provided that any settlement must be mutually agreed upon in writing by both parties.

• 10.3 The indemnification obligations under this section shall survive the termination or expiration of this Agreement.

11. Use by Third Parties

• 11.1 If You provide access to Your Account or any portion thereof to any third party or use the Service to collect information on behalf of any third party, whether or not You are authorized to do so by Telescope Labs or its wholly owned subsidiaries, the terms of this Clause 11 shall apply.

• 11.2 If You use the Service on behalf of any third party, you hereby represent and warrant to Telescope Labs that

  
  

  • You are fully authorised to act on behalf of such third party and to bind such third party to this Agreement; and

    
    

  • as between that third party and You, such third party owns all right, title and interest in and to the Customer Data in any relevant Account(s).

• 11.3 Without prejudice to Clause 11.2, You shall ensure that each such third party complies with the terms of this Agreement as if it were a party hereto in substitution for You. Any information of any such third party that is considered confidential shall be treated as confidential by You and shall not be disclosed to any other third party. Without prejudice to the foregoing, You agree that You shall not disclose any Customer Data belonging to any third party on whose behalf You use the Service without the prior written consent of such third party.

12. Disclaimer of Warranties

• 12.1 Telescope Labs may make improvements and/or changes in the Service or Software at any time, with or without notice. The Service, the Software and the reports relating to Games are provided “AS IS” and Telescope Labs gives no warranties with respect to any of them.

• 12.2 To the fullest extent permissible under applicable law, Telescope Labs expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the generality of the foregoing, Telescope Labs does not represent or warrant the following:

  
  

  • a) The use of the Service or the Software will meet your specific requirements or expectations, or that it will be uninterrupted, secure, or error-free. You acknowledge that the availability and performance of the Service and Software may be subject to various factors beyond Telescope Labs' control, including but not limited to internet connectivity, hardware limitations, and third-party services.

    
    

  • b) Defects in the Service or Software will be corrected promptly or at all. While Telescope Labs strives to provide a high-quality and reliable Service, it does not guarantee that all defects or errors will be rectified. You acknowledge that it is your responsibility to promptly report any issues or problems encountered while using the Service to Telescope Labs.

    
    

  • c) The Service, the Software, or any other software on the Server are free of viruses, malware, or other harmful components. While Telescope Labs implements reasonable security measures to protect against such threats, it cannot guarantee the absence of viruses or malicious code. You are responsible for implementing your own security measures and safeguards to protect your systems and data.

    
    

  • d) The use of the Service and any information available through the Service, including the reports relating to Games, will be correct, accurate, timely, or otherwise reliable. Telescope Labs strives to provide accurate and up-to-date information, but it cannot guarantee the absolute accuracy or timeliness of the data and reports. You acknowledge that the interpretation and use of the information provided by the Service are solely your responsibility.

• 12.3 You understand and agree that any reliance on the Service, the Software, and the reports relating to Games is at your own risk. Telescope Labs shall not be held liable for any damages or losses arising out of or in connection with the use or inability to use the Service or Software, including but not limited to direct damages, indirect damages, incidental damages, consequential damages, or punitive damages.

13. Limitation of Liabilities

• 13.1 Nothing in this Agreement shall exclude or limit either Party’s liability for

  
  

  • death or personal injury resulting from the negligence of either Party or their servants, agents or employees;

    
    

  • fraud or fraudulent misrepresentation;

    
    

  • breach of any implied condition as to title or quiet enjoyment or

    
    

  • misuse of confidential information.

  
  

• 13.2 Nothing in this Agreement shall exclude or limit either Party’s liability: for breach of Clause 8 (Confidentiality) or for infringement of the other Party’s intellectual property rights.

• 13.3 Subject to Clauses 13.1 and 13.2, neither Party shall be liable in contract, tort (including, without limitation, negligence) or otherwise arising out of or in connection with this Agreement for:

  
  

  • any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);

    
    

  • any loss of goodwill or reputation;

    
    

  • any special, indirect or consequential losses; whether or not such losses were within the contemplation of the Parties at the date of this Agreement.

• 13.4 Subject to Clauses 13.1 and 13.2, You agree that Telescope Labs and its wholly owned subsidiaries shall not be responsible for or have any liability in relation to unauthorised access to or alteration of the Customer Data or data from Your Game.

• 13.5 Telescope Labs shall have no liability for any error, defect, failure or delay in the Services. Without prejudice to the generality of the foregoing, Telescope Labs shall have no liability for any failure or delay in the Services: any special, indirect or consequential losses; whether or not such losses were within the contemplation of the Parties at the date of this Agreement.

  
  

  • caused by outages to any public Internet backbones, networks or servers; any special, indirect or consequential losses; whether or not such losses were within the contemplation of the Parties at the date of this Agreement.

    
    

  • caused by any failures of Your equipment, systems or local access services or

    
    

  • due to previously scheduled maintenance.

• 13.6 Subject to Clauses 13.1 and 13.2, Telescope Labs’ (and its wholly owned subsidiaries’) total cumulative liability (whether in contract, tort (including negligence) or otherwise) to You under or in connection with this Agreement shall not exceed GBP 1,000.

14. Proprietary rights notice

• 14.1 Telescope Labs shall own all right, title and interest, including without limitation all intellectual property rights in the Service, (and any derivative works or enhancements thereof) which includes but is not limited to the Software and the Documentation, all rights in and to the Service (including the Software and the Documentation) not expressly granted to You in this Agreement are hereby expressly reserved and retained by Telescope Labs and its licensors.

• 14.2 Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to)

  
  

  • use the trademarks, service marks, trade or business names, logos, domain names, other distinctive brand features or any other copyrighted material or other proprietary rights owned by Telescope Labs and which are associated with the Service without the express written consent of Telescope Labs;

    
    

  • register, attempt to register or assist any third party to register or attempt to register any trademark, service mark, trade or business name, logo, domain name, other distinctive brand feature or any other copyrighted material or proprietary right associated with the Service or with Telescope Labs, otherwise than in the name of Telescope Labs and with Telescope Labs express prior written consent;

    
    

  • remove, obscure or alter any notice of copyright, trademark or other proprietary right notice appearing in or on any item included with the Service.

    
    

• 14.3 You acknowledge that the Service contains valuable trade secrets and proprietary information of Telescope Labs. Except as expressly permitted by this Agreement, you agree not to disclose, provide access to, or allow any third party to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service.

• 14.4 You acknowledge and agree that any unauthorised use or disclosure of Telescope Labs' proprietary rights may cause irreparable harm and significant damages. In the event of such unauthorised use or disclosure, Telescope Labs shall have the right to seek injunctive or other equitable relief, in addition to any other remedies available at law or in equity.

15. Term and termination

• 15.1 This Agreement shall commence on the date when you accept these terms and conditions as specified above and shall remain in force unless terminated by either Party at any time, for any reason.

  
  

• 15.2 Upon any termination or expiration of this Agreement

  
  

• 15.2.1 Telescope Labs will cease providing the Service, and You will delete all copies of the Tracking Code in your possession and certify to Telescope Labs within three (3) business days of such termination that you have carried out such deletion.

• 15.2.2 any

  
  

  • outstanding balance for any part of the Service rendered through the date of termination, and

    
    

  • other unpaid payment obligations during the remainder of the term of this Agreement will be immediately due and payable in full; and

• all of Your historical report data will no longer be available to You unless You and Telescope Labs enter into a written agreement for the exchange and transfer of such data.

16. Miscellaneous; applicable law and venue

• 16.1 This Agreement will be governed by and construed in accordance with the laws of the United Kingdom, without regard to or application of conflict of laws rules or principles. Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity, or termination thereof, shall be settled by arbitration in London, England, in accordance with the rules of arbitration of The London Court of International Arbitration (“LCIA”) then in effect.

  
  

• 16.2 Notwithstanding the foregoing, you agree that Telescope Labs shall have the right to seek injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.