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End User License Agreement (EULA)

Last update: [May 8th 2024]

This End User License Agreement (“Agreement”) between you and us, GoodAI Games s.r.o.  (“Company”, “we”, “us” or “our”), governs your access to and use of our video game “AI People” including its individual elements and related content, software, upgrades, patches, mod tools, level editors, platforms for sharing User Generated Content (“UGC”), features, launchers, accompanying manual(s), and other written files, including electronic or on-line materials and documentation (“Game”).

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Do you hate reading long legal documents? So do we, which is why we’ve summarized the most important things about this Agreement in plain language below. 

  1.  Is there anything I should know before purchasing the Game? You must have a compatible device and review the minimum system requirements of the Game (see here https://www.aipeoplegame.com/system-requirements/).

  2. When is the Agreement concluded? This Agreement is concluded upon your acceptance of this Agreement in the AI People launcher (“Game Launcher”), i.e., when you check the box indicating that you accept this Agreement and install the Game. This means that you are bound by this Agreement when you install the Game and must comply with its terms when using the Game.

  3. What if I do not agree with the terms of the Agreement? If you do not agree to this Agreement, you may not use the Game and must stop using it immediately. You may contact us for a refund, but we cannot guarantee that we will be able to accommodate your request.

  4. How do I start using the Game? You need to set up and maintain a user account (“User Account”) at https://aipeoplegame.com and you must be 18 years of age or older to create the User Account (or the minimum age required by the law of your country of residence, if higher). If you are younger, a parent or other legal guardian must review this Agreement and create the User Account on your behalf. You can then use your User Account to purchase the Game on our online store available at https://aipeoplegame.com (“Store”), which you can then install through the Game Launcher and play on a suitable device. Failure to use the Game Launcher may make the Game unavailable. 

  5. How can I use the Game? You may use the Game only for your personal use and on a non-commercial basis, which means that you can use the Game only for your own enjoyment and may not resell the Game or engage in any business activity directly or indirectly related to the Game (see Section 11 on rules on streaming). We and our licensors reserve all rights in the Game, which means that if this Agreement or the law does not grant you a specific right with respect to the Game, you do not have it.

  6. Is there anything other than installation that I should do? In addition to installing the Game, you will need to purchase game time credits (“Credits”) from the Store to play the Game (it is similar to playing an arcade game machine). Why is this necessary? The Game operates on a pay-to-play model primarily because it incorporates cutting-edge artificial intelligence (AI), text-to-speech models and large language models, which elevate the gameplay experience. These technologies and the associated costs of the API necessary to access these models are crucial for providing a unique and immersive gaming experience. Your purchase of Credits allows us to provide the Game as well as its continuous evolution and maintenance, ensuring you get the most out of your playtime. Remember, the Credits can only be used to enable you to play the Game; they have no real-world monetary value and cannot be exchanged for cash. It’s crucial to manage the Credits wisely as they directly affect your access to the Game. All transactions and rules regarding the use of the Credits are detailed in our Terms of Sale.

  7. What if I violate the terms of this Agreement? You must immediately notify us of the breach. We will usually provide you with a remedy or cease and desist notice, but more serious violations will entitle us to suspend or terminate the provision of the Game and/or this Agreement (i.e., you will no longer be able to use the Game). We may also take any action necessary to comply with the law and/or to protect you or others.

  8. What if we violate the Agreement? Then tell us what’s wrong and we’ll do our best to fix it (e.g., patch/update the Game). Please note that the Game is provided “as is” and we will only be liable for direct damages caused by the Game up to the amount you paid for the Game.

  9. What qualities will the Game have? We promise to provide the Game as described in the latest product documentation at the time of your purchase or use of the Game; however, please be aware that there may occasionally be some errors or imperfections (as in every video game) and that everything in the Game is subject to change.

  10. What if there’s something wrong with the Game? If you spot any issues, please let us know right away at support@goodai.com. Describe what’s wrong and how you think it should be fixed. We’ll look into your complaint and aim to sort it out within a reasonable time (taking into account the nature of the defect and statutory time limits under applicable law). You’ll get a confirmation that we are working on your complaint by email or through your User Account. If it turns out that the problem is on our end, we will fix it by updating or otherwise modifying the Game – we will let you know how we handled your complaint either way. Note that the Game may be in alpha or beta versions, which are test versions and may have more issues. We appreciate your understanding in these cases. For more information, see Section 7 of our Terms of Sale. 

  11. What about user generated content (UGC)? You may create UGC for your personal enjoyment and non-commercial use only through the means permitted in the Game (e.g., in a level editor) and provided that the UGC complies with this Agreement (i.e., is not unlawful, infringing, inappropriate, or in breach of any contract, third party rights (especially intellectual property rights), common decency, etc.). You may share your UGC with others via dedicated platforms provided that it complies with this Agreement, but we may remove or request removing any UGC in our sole discretion.

  12. Do you have any rights to the content I create? Yes, in exchange for allowing you to create your content through the Game, you grant us the right (also known as a license) to use your content, the terms of which are described below.

  13. Can I stream the Game? You are free to stream officially released versions of the Game (including pre-release versions like alpha and beta) as long as your use thereof is in accordance with this Agreement. 

  14. How long am I bound by this Agreement? The Agreement is effective until terminated (see below for when termination occurs). 

  15. What about disputes? We’ll first try to resolve any disputes between us informally. If that doesn’t work, the courts in the Czech Republic will settle it or, if you are a consumer, we can go to Alternative Dispute Resolution (ADR). However, if you’re a consumer residing in the EU, you may have the option to bring disputes to your local courts or engage in Alternative Dispute Resolution (ADR) through the Czech Trade Inspection Authority or via the European Commission’s online platform. This accommodates for local consumer laws and regulations that might supersede this Agreement and/or our general governance by Czech law.

  16. What if you change the Agreement? We may need to update the terms of this Agreement from time to time – we will use our best efforts to notify you when we do so (the current version of this Agreement will always be available at https://www.aipeoplegame.com/eula). You must accept the updated terms of this Agreement or you will no longer be able to use the Game.

  17. Anything else I should be aware of? Follow the law, this Agreement, the Terms of Sale applicable to your User Account and purchases from our Store available at https://www.aipeoplegame.com/terms-of-sale (“Terms of Sale”), Community Guidelines available at https://www.aipeoplgame/community-guidelines and read our Privacy Policy available at https://www.aipeoplegame.com/privacy-policy, be nice, and respect our Game and the community.
  1. User Account

User Account Creation. To purchase Store Content via the Store and subsequently use it, you need a User Account exclusively created for this purpose. You may create a User Account by registering at https://www.aipeoplegame.com with a valid email address – it’s crucial to use an email you regularly check so you don’t miss out on anything important about the Game, Store or Store Content. Alternatively, you may opt to use your existing account from a third-party platform to set up and log in to your User Account, leveraging single sign-on capabilities for convenience. Be aware that you’re subject to the terms and conditions of your selected single sign-on platform. Should you have any inquiries about the terms and conditions of your chosen single sign-on platform, please direct your questions to them directly. After successful registration, we’ll send you a confirmation, marking the official creation of your User Account.

Correct Information. Make sure that the information you provide about yourself during the User Account registration is accurate, truthful and complete. If we find out that you’ve provided false, inaccurate or incomplete information about yourself, we’ll give you a notice and a month to make things right. If the information isn’t corrected within that one-month period, then we may immediately terminate your User Account and EULA, including any rights you may have to use any purchased Store Content, without compensation.

Age Limitation. Due to a certain degree of unpredictably of the AI and large language model components used in the Game, which may expose users to content unsuitable for minors, you must be 18 years of age or older to create the User Account (or the minimum age required by the law of your country of residence, if higher). If you are younger, please have your parent or other legal guardian review these Terms and purchase the Store Content on your behalf.  

Account Exclusivity. Your User Account is personal and cannot be transferred, sold, leased, licensed, rented, or re-registered by someone else. This rule ensures your User Account stays secure and personal to you.

Login Credentials. When setting up your User Account, you’ll be required to select a unique username and password (“Login Credentials”), unless you set up your User Account using a single sign-on option as specified in this Agreement. You agree not to share your Login Credentials with anyone, nor will you sell, transfer, or allow any other person to access your Login Credentials, or offer to do so. Additionally, you are responsible for keeping your Login Credentials confidential.

Security Breach Protocol. Should you become aware of any security breach, including unauthorized access to your User Account or any loss, theft, or unauthorized use or disclosure of your Login Credentials or payment information, it is imperative that you inform us immediately. This allows us to take necessary actions to protect your User Account. You will be held responsible for any losses incurred on your User Account, including the loss or use of Store Content, resulting from your sharing of Login Credentials or failure to secure your User Account and its details.

Suspension and Termination by You. You may terminate or suspend your User Account at any time by contacting us at support@goodai.com.

Suspension and Termination by Us. We may immediately suspend your User Account for various reasons, including breach of these Terms; to protect our community, the Store, or the Game; if we discontinue the Game/Store in your region (we’ll give advance notice); if you fail to pay fees owed to us; or for unauthorized use of someone else’s payment info. Our decisions may be based on automated decision making. We reserve the right to terminate your User Account and EULA altogether, especially if your material breach of these Terms or EULA is confirmed, or if you fail to remedy a breach of these documents within a specified timeframe.

Consequences of Termination. Termination of your User Account means automatic termination of EULA and loss of access to your User Account and all associated Store Content, which may lead to your inability to use the Game and/or Store Content. There will be no refunds or liability on our part for such termination. We may also terminate any other accounts you have with us.

Account Inactivity. Prolonged inactivity for a duration of 12 months may result in User Account suspension. You will be given prior notice and an opportunity to reactivate your User Account. Failure to reactivate your User Account after this notice will result in its termination.

2. Purchase of Store Content

Purchase Procedure. You can purchase Store Content from us at the displayed prices at the time of purchase. Upon completion of your purchase, a purchase agreement, the subject matter and contents of which is determined by you and us during the ordering process for Store Content (“Purchase Agreement”), will be concluded between you and us and will be confirmed by email. Please note that by selecting the Store Content and completing the ordering process you make an offer to enter into a Purchase Agreement with us, which we accept by sending you a confirmation email. The purchased Store Content will then be available (usually in your User Account) for your use.

Consent to Commence Performance. By agreeing to the Purchase Agreement, you explicitly consent to our immediate initiation of the provision of the Store Content, thereby extinguishing your statutory right to withdraw from the Purchase Agreement due to the manner of its conclusion, including the right to any related refunds or returns of fees, in accordance with applicable law. This is without prejudice to your rights under Section 7.

Purchasing Conditions. Store Content can only be acquired through the Store, where we might occasionally offer promotions or discounts. These offers are subject to change or discontinuation at our discretion without prior notification. All transactions will be securely processed, and the acquired Content will be added, and Credits duly credited, to your User Account.

Payment Methods. When purchasing Store Content via our Store, you may use the payment methods specified on the Store, specifically payment gateway via Stripe (“Payment Method”). Be aware that you’re subject to the terms and conditions of your selected Payment Method provider. Should you have any inquiries about the terms and conditions of your chosen Payment Method provider, please direct your questions to them directly.

Spending Limitations. We may set maximum limits on the amount of Store Content you can purchase per transaction or daily. These limits are at our sole discretion. We also reserve the right to impose further restrictions on how Store Content can be used or the maximum balance that can be held in your User Account.

Nature of Purchase. All purchases of Store Content are definitive and not subject to refunds, transfers, or exchanges, barring legal requirements to the contrary. We maintain absolute discretion over the management of Store Content, including the right to regulate or modify it without liability.

Changes. From time to time, we may update Store Content to enhance functionality, comply with applicable laws, or for other reasons. These changes may include updates, patches, or other modifications. We will notify you of the changes through the appropriate communication channel, e.g., in the Store or User Account. Some changes may automatically apply to your device, while others may require your acceptance to continue using the Store Content. Although we aim for improvements, some changes might affect the functionality negatively – if you experience issues, please contact us. Specific provisions related to changes of some Store Content are detailed in the EULA.

3. Special Provisions on Credits

Balance Management. Your current Credits balance is always visible within your User Account. Our system is designed to accurately calculate your Credits balance, taking into account all credits and debits. While we aim for consistency, the final determination of your Credits balance by us is conclusive, unless you can provide documentation to us that such calculation was or is incorrect.

Use of Credits. The use of Credits is strictly limited to enabling you to play the Game. Misuse of Credits, including for gambling purposes, is strictly forbidden. We may, at our discretion, alter the permissible uses of Credits, necessitating your vigilance to ensure compliance and the sufficiency of your Credits balance for Game access.

Prohibited Transactions. Engaging in or facilitating unauthorized transactions involving Credits, such as transfers, trades, or sales outside the permitted in-game uses, is prohibited. Violation of this policy may lead to User Account adjustments, suspensions, or terminations, with all associated risks and liabilities borne by the involved parties.

Inactivity. Credits within your User Account that remain unused for more than twelve (12) consecutive months will expire and be automatically removed from your User Account balance, unless the Credits expire or are terminated prior to this period under other provisions specified in these Terms or the EULA. We encourage active engagement within our Game to ensure your Credits retain their value and are utilized for enhanced gaming experience.

Sole Responsibility. You are the solely responsible party for all transactions involving Credits through your User Account, including those without your explicit authorization. Immediate notification to us in case of unauthorized usage is crucial for safeguarding your interests and ensuring prompt remedial action.

 

4. Management and Modifications of Credits

Credits as Digital Content. Unlike traditional physical or digital goods, Credits are specifically designated for gameplay within the Game and cannot be exchanged for real currency or other tangible goods. They hold no intrinsic cash value, and no obligation exists on our part or any third party’s to convert Credits into monetary value or other compensation. Their valuation and purchasing conditions may be unilaterally adjusted by us, with the understanding that Credits are subject to expiry upon the cessation of Game operations, or the termination of your User Account.

Modifications. We may, at our discretion, modify, suspend, or discontinue the Credits system to better align with gameplay dynamics, operational needs, or in connection with beta launches and other testing phases of the Game. Such changes will be announced in advance, providing you with ample time to adjust. Should the Credits’ system be discontinued, we will outline the process of how you can deplete your existing Credits balance.

5. Privacy and Use of Data

Privacy Policy. Please read our Privacy Policy to learn more about how we process your personal data in relation to use of the Store and the Game available at https://www.aipeoplegame.com/privacy-policy.

6. Representations and Limitations of Liability

Representations. We hereby represent that: (i) we have the necessary rights to allow you to create and maintain a User Account, enter into the Purchase Agreement and provide the Store Content through the Store; (ii) we will exercise reasonable care in providing the Store Content and managing the Store; (iii) the Store Content will function as generally described within the Store at the time of your purchase; and (iv) we will endeavor to adhere to applicable laws while fulfilling our obligations under these Terms. This provision is in addition to and does not affect your statutory rights which cannot be excluded or limited in any way under applicable law.

No Warranty. We do not warrant that the availability of the Store or the use of the Store Content and/or User Account will be uninterrupted or error-free, nor do we guarantee the availability of the Store and/or the Store Content on your specific device due to the variability in hardware, software, internet connections, and individual usage patterns. Furthermore, we cannot ensure that the Store, the Store Content and/or User Account will always be free from interference with your enjoyment, meet your requirements, or be compatible with third-party software or hardware, nor that their errors will be corrected. No advice or information, whether oral or written, obtained from us or our authorized representatives shall create any warranty not expressly stated herein. To the extent permitted by applicable law, we hereby disclaim any and all implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose. It is worth noting that if your jurisdiction does not allow the exclusion of or limitations on implied warranties, or the limitation of rights for consumers, some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability and Damages. To the maximum extent permitted by applicable law, neither we, our affiliates, nor licensees shall be liable for any special, incidental, indirect, or consequential damages whatsoever. This includes, without limitation, damages for loss of business profits, business interruption, loss of business information, personal injuries, property damage, computer failure or malfunction, and any other pecuniary or punitive damages arising from your use of the Store, your User Account, purchase or use of Store Content or breach of the Purchase Agreement, including, but not limited to, loss of profits, interruption of business, or loss of information. This applies whether such damages arise out of or are related to the Purchase Agreement, resulting from tort (including negligence), contract, strict liability, or otherwise, and even if we have been advised of the possibility of such damages. We are not responsible or liable for any damages caused by any third party and/or third-party services, products or content.  Moreover, to the extent permitted by law, our total liability to you for any losses, harm, or damages incurred in connection with your use of the Store, your User Account, purchase or use of Store Content or breach of the Purchase Agreement is capped at the total amounts you’ve paid us for the Store Content in the twelve months leading up to the initiation of your claim, regardless of the basis of the claim, whether breach of contract, negligence, or any other cause of action.

Tax Responsibility. You are liable for all taxes, duties, and levies imposed by any government entity related to your transactions in the Store and under the Purchase Agreement, including interest and penalties (except taxes on our net income). Provide us any exemption certificates you’re entitled to. All your costs related to the Purchase Agreement are your responsibility, with no reimbursements from us, and you will indemnify us from such expenses.

Indemnification. To the fullest extent of applicable law, you agree to be responsible and liable to us, our partners, licensors, affiliates, contractors, officers, directors, employees and agents in respect of all damages, losses, and expenses arising directly or indirectly from your acts and omissions to act in using the User Account, the Store and purchasing the Store Content pursuant to the terms of the Purchase Agreement and/or applicable law.

Liability Exceptions. Despite any other provisions in the Purchase Agreement, we do not limit or exclude our liability to you where it would be illegal to do so. This includes liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) willful or grossly negligent actions; (iv) damage from negligently breaching crucial obligations stipulated herein, where harm is typical and foreseeable; (v) any guarantees we provide; and (vi) any unavoidable liability under applicable product liability laws.