End User License Agreement

Last update: [August 21st 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”).

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/requirements/).

2. When is the Agreement concluded? This Agreement is concluded upon your acceptance of this Agreement in the AI People game 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”) or subscription for automatic purchase of the Credits (“Subscription”) from the Store to play the Game . 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 the Subscription and/or the 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 Subscription and 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 Subscription and/or the Credits wisely as they directly affect your access to the Game. All transactions and rules regarding the use of the Subscription and 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.aipeoplegame.com/community-guidelines and read our Privacy Policy available at https://www.aipeoplegame.com/privacy-policy, be nice, and respect our Game and the community.

Now some legalese to expand on the above summary (sorry, its necessary for our compliance purposes)

1. Device compatibility

Minimum system requirements. Before purchasing the Game, you should ensure that your device is compatible with our minimum system requirements available at https://www.aipeoplegame.com/requirements/, as the effective performance of the Game depends on it. If your device does not meet the minimum requirements, you may experience suboptimal functionality or be unable to use the Game.

Internet Connection. The Game requires a stable Internet connection to be playable and to perform various online operations necessary to ensure smooth gameplay. Please ensure that your operator provides you with sufficient service before purchasing the Game.

2. Your rights to the Game

License. Provided that you have entered into this Agreement and legally obtained access to the Game, we hereby grant you, effective upon the installation of the Game, a personal, limited, non-transferable, non-assignable, non-sublicensable, freely revocable, and non-exclusive license to use the Game solely for non-commercial and private play on a single game platform (i.e., PC) (“License”). The License is expressly conditioned on your compliance with this Agreement, which means that we may terminate the License immediately if we determine that you have violated this Agreement, which means that you will no longer be able to use the Game. The License also automatically terminates upon the earlier of your disposal of the Game (i.e., when you delete it from your device) or the termination of this Agreement.

Ownership. The Game is licensed and made available to you, not sold (i.e., we only grant you the License). We and our licensors (primarily the companies that provide us with elements that we incorporate into our Game) own and reserve all rights, titles and interest in and to the Game and its individual elements (including intellectual property rights).

Security and Access Management. The Game may include measures designed to regulate access, ensure proper use of features and content, and prevent unauthorized copying, which you must comply with. We actively monitor the use of the Game to ensure it complies with this Agreement and the law and for other reasons, including preventing cheating and hacking, curbing toxic player behavior, and enhancing the overall Game experience. Please be aware that attempting to interfere with, disable, or circumvent these security measures is prohibited and may result in the Game not operating correctly and/or suspension of your access to the Game.

Single Device. You may install the Game on different devices, but you may only run the Game on one device at a time.

3. Restrictions and Obligations

Usage Restrictions. You’re not allowed to copy, reproduce, change, distribute, resell or otherwise commercialize the Game, in whole or in part, without our express written permission. Additionally, you must not, nor assist others to, use or tamper with the Game in any way that is not expressly allowed by this Agreement or is outright prohibited herein or by applicable law.

Technical Misuse and Cheating. Without our explicit written permission, modifying, merging, distributing, translating, reverse engineering, decompiling, or disassembling the Game is prohibited, except as allowed by this Agreement. Creating, using, or distributing cheats – such as exploits, bots, hacks, and any software that affects the Game – is forbidden.

Illegal AI Content. In parts of the Game that utilize AI and large language models as part of their gameplay mechanics, any attempts to manipulate these technologies to produce content in violation of this Agreement or applicable laws are prohibited. This includes exploiting the Game’s AI systems to bypass content filters and other guard railing technologies or to generate prohibited content. These restrictions are in place to maintain the integrity of the Game and ensure the safety and respect of our community.

Interference. Deliberately disrupting our services, impersonating staff, or maliciously interfering with our or third-party IT systems, including network software or servers through harmful activities (tunneling, code injection, denial of service attacks, or creating private servers), is not permitted.

Data Privacy and Intellectual Property. You are not allowed to (a) mine or collect personal or confidential information from the Game, (b) use our trademarks, trade names, or other designations without prior authorization, or (c) engage in any activity that infringes upon any intellectual property or privacy rights.

Prohibited Actions. Uploading files that contain malicious code (viruses, spyware, worms, and other malware) to the Game, inputting any real person’s personal data (information about an identified or identifiable natural person, such as name, likeness and others) into the Game – other than yours for the purposes described in our Privacy Policy, uploading or inputting any content that infringes the intellectual property rights or other rights of third parties, disregarding applicable geographic restrictions, or using the Game in any offensive, discriminatory, or illegal manner is strictly prohibited. We want members of our community to be respectful and friendly.

4. User Account

User Account. To access the Game, you need to set up and maintain a User Account. 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 this Agreement and purchase the Game and enter into this Agreement on your behalf. Further conditions regarding the creation and use of your User Account and transactions made through it are outlined in our Terms of Sale.

5. Subscription and Credits

Pay-to-Play. Our Game operates on a pay-to-play model, requiring the purchase of either the Subscription (in the form of recurrently purchasing a bundle of Credits) or individual Credits for gameplay. This approach is vital due to the incorporation of cutting-edge artificial intelligence, large language models and text-to-speech models in the gameplay and the associated costs of the API necessary to access these models, which is crucial for providing the unique and immersive gaming experience our Game offers. By purchasing the Subscription or individual Credits, you help us sustain these efforts and provide a gaming experience that constantly evolves and improves, ensuring maximum enjoyment and value for you and the rest of the players.

Sole Responsibility. You are the solely responsible party for all transactions involving the Subscription and the 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.

Terms of Sale. The specific terms regarding the purchase, utilization, and respective rights and obligations concerning the Subscription and the Credits are detailed in the Terms of Sale.

6. In-Game Content

Third-Party Rights. Our commitment to respecting the rights of others extends to all aspects of our Game. If you are a protected asset owner or their authorized agent and believe that your rights or the rights of others have been infringed in our Game, please send us a notice identifying the specific asset that you claim has been infringed, details about how to locate the infringing material, and your contact information (mailing address, telephone number, and email address, if available) at support@goodai.com. We take these matters seriously and will address valid claims of infringement.

Content Sensitivity Warning. Please be aware that the Game may, either by default, through AI processing, or as a result of player interaction, feature scenes or images that include violence, sexual content, or other material that could be upsetting or disturbing. If you are sensitive to such topics or are prone to be offended by such content, we advise you to exercise caution before playing the Game.

Epileptic Seizure Warning. The Game may include flashing lights and images that could trigger epileptic seizures. If you or someone in your household is susceptible to epilepsy, it’s important to consult with a doctor before playing the Game. Should you experience symptoms like dizziness, altered vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movements, or convulsions while playing, stop immediately and seek medical advice.

7. Changes

Change Procedure. From time to time, we may make changes to the Game to improve gameplay, comply with applicable laws, or for other reasons, which may include patches, updates, upgrades and/or other modifications (collectively “Changes”). We will notify you of the Changes through the appropriate communication channel, e.g., in the Game Launcher, patch notes or otherwise. You may be required to accept and/or install or otherwise implement such Changes on your device in order to continue playing the Game, but some Changes may occur even without any action on your side (see the following paragraph). We will do our best to ensure that the Changes are primarily for the betterment of the Game, but we cannot rule out the possibility that a certain Change may have a negative impact on the Game or be perceived as such by some – if this happens, please feel free to contact us and we will do our best to resolve the issue.

Updates. Prior to using the Game, you must install and use the latest version of the Game Launcher. You understand that the Game Launcher and/or the Game may download and install updates, upgrades, and additional features automatically and you agree that we have no obligation to support previous versions of the Game Launcher or the Game upon the availability of an update, upgrade, and/or implementation of additional features. Failure to install available updates may render the Game Launcher and/or the Game unavailable/unplayable. This policy ensures that all Game users enjoy the latest features and security enhancements, maintaining the integrity and functionality of the Game.

System Requirements Adjustment. You understand and agree that Changes may alter the minimum system requirements and other system specifications needed to play the Game. Should such Changes require additional software or hardware, the responsibility to acquire these rests solely with you, not us. It is your responsibility to ensure your system and device meets the updated requirements to continue accessing and enjoying the Game.

8. Availability of the Game

No Warranty. We do not warrant that the Game, or any part thereof, will be available at all times, in all locations, or at any particular time or extent, or that we will continue to offer the Game, or any part thereof, for any particular period of time, or that the Game will continue to receive Changes.

Compliance Measures. We may take any action with or without notice to you in connection with your use of the Game and/or your User Account to comply with our legal requirements, to protect you, other users, or us. Such an action may include restricting your access to the Game, resetting your User Account password, and deleting data (e.g., the UGC you create).

Crash Reporting Assistance. Should the Game experience technical issues, we may request that you submit a crash log report. This aids us in diagnosing problems and enhancing the Game’s code for improved stability and performance in future updates.

9. Early Access

Early Access. We may offer access to pre-release versions of the Game (so-called “alphas” and “betas”) prior to its full commercial release. Access to these pre-release versions may be available for a limited time and may be subject to additional terms and conditions that will be communicated to you.

Feedback Contribution. If you use pre-release version of the Game, you may be invited to provide feedback regarding your gameplay experience. This feedback process is invaluable to us for making improvements and adjustments before the official release. Your feedback will be treated as UGC – see the following Section.

No Warranties. Pre-release versions of the Game are provided on an “as is” basis without warranties of any kind, either express or implied. We bear no liability for any incompleteness, operational failures, or other issues that may arise from the use of a pre-release version of the Game. By accessing and using the pre-release version of the Game, you acknowledge and accept the inherent risks of using pre-release Game, understanding that it may not fully represent the quality or functionality of the final Game.

10. User Generated Content (UGC)

Use of AI and LLMs. The Game is a groundbreaking project within the gaming industry, harnessing the power of AI and large language models, among other tools, for gameplay and creation of UGC. This innovative strategy introduces a level of creativity and unpredictability into the content produced, which means that in order for you to be fully aware of the nature of our Game, the liabilities involved, ownership rights, and other critical details, we strongly encourage you to read this Section thoroughly.

Scope. UGC may include, but is not limited to, chat and forum posts, feedback, game and character customizations, cinematics, scripts and programs, mods, gameplay, gameplay maps, scenarios, modes, music and sound, animations, and other types of works related to the Game created by you or others (i.e., not us).

Sole Responsibility. While you can create, enjoy, and share your UGC only as described in this Agreement, be aware that you are the creator of and responsible for the UGC you create, including ensuring you have cleared rights to any content used in your UGC, whether it’s images, music, video clips, or any other intellectual property. This means that if your UGC is unlawful, infringing, inappropriate, or in violation of any law, contract, third party rights, common decency, etc., you may end up in court and you will be solely responsible for your actions – we will not pay or otherwise be liable for any troubles related to your UGC.

Our Rights. The rights to your UGC are primarily vested in you, but do not extend to, and do not grant any rights in, the Game or anything created or provided by third parties or any content made available by us through the Game. However, upon creation of your UGC, you grant us and our affiliates a non-exclusive, worldwide, royalty-free and fully paid up (i.e., meaning we’re not obligated to pay you), freely transferable, assignable and sublicensable, irrevocable, and perpetual (i.e., for the entire term of the relevant rights), unlimited right to use, process, develop, reproduce, modify, copy, adapt, create derivative works from, distribute, publish, transmit, broadcast, otherwise communicate, publicly display, publicly perform and otherwise commercialize or exploit your UGC and related goods and services in any manner or form and in via any technology, medium or format, whether now known or later devised. You hereby waive and agree never to assert any moral rights in the UGC in relation to us and our affiliates, including paternity, integrity, publication, reputation, or attribution with respect to the use and enjoyment of your UGC in the scope stated herein in connection with the Game and related goods and services under applicable law. This right and terms above regarding any applicable moral rights, shall survive the termination of this Agreement. If local laws do not allow for the waiver of moral rights, instead, you hereby grant to us and our affiliates the right to use your UGC and all elements of your UGC with or without your name or pseudonym, as well as to freely edit your UGC. You hereby agree to help us and our affiliates, if needed, to secure and enforce our rights in your UGC.

Warranty. You hereby represent, warrant, and agree that none of your UGC will be subject to any obligation of confidentiality, attribution, or otherwise on our part, and we and our affiliates will not be liable for any use or disclosure of your UGC.

Discretion. We and our affiliates are under no obligation to use, process, distribute or continue to distribute your UGC, and we may restrict or remove your UGC in our sole discretion.

Scope of UGC Sharing. You are permitted to share your UGC with third parties exclusively through the marketplaces or workshops that we have designated for this purpose either within the Game or via a separate platform. These platforms are specifically designed to facilitate the exchange and distribution of UGC while ensuring compliance with our Game’s standards and policies. Sharing UGC directly through third-party platforms, websites, or services that are not explicitly authorized by us is strictly prohibited.

Content Management. We comply with relevant obligations in relation to the UGC and take necessary action where required. We may use automated software and/or algorithms to analyze UGC for the purposes of fraud prevention, service improvement, customer support, and enforcement of this Agreement.

If we discover UGC that contains evidence of fraudulent or illegal conduct, circumvention of the Agreement, or otherwise violates this Agreement, such content will not be published, and:

(i) you may be notified by us that the published UGC violates applicable law or this Agreement; or

(ii) in the case of repeated violations, your User Account as well as this Agreement may be suspended and/or terminated; or

(iii) in the case of UGC that involves suspected criminal activity that threatens the life or safety of any person, we may also notify the relevant authorities.

You may also report suspicious, inappropriate or illegal UGC published by other users as described here. Upon receipt of your report through our single point of contact specified below, we will promptly review such UGC if

(i) the UGC may be considered unlawful or in violation of any applicable law; and/or

(ii) violates this Agreement.

In any such case we reserve the right to remove the reported UGC and/or to suspend or terminate the reported User Account and this Agreement. If we decide to remove any of your UGC or suspend or terminate your User Account and/or this Agreement, we will provide you with the reasons for our actions, including options as to how you may modify your UGC to comply with this Agreement or applicable law. If you disagree with our reasoning, you may appeal our decision through our designated single point of contact.

You may contact us regarding any matter relating to your UGC via our single point of contact at support@goodai.com. Feel free to communicate with us in either Czech or English. For more information, see also the description of the process here: https://docs.mod.io/moderation/.

Non-monetization. If you share your UGC with a third party, you must do so free of charge and you may not monetize it (e.g., place your UGC behind a paywall). This is without prejudice to any other monetization means you may receive (e.g. from streaming, donations, sponsorships, or similar means).

Reporting. If you encounter UGC created by another user that you find problematic (for example, because you find it illegal, offensive, or harmful), please report it to support@goodai.com and include as much information as possible, including but not limited to: a description of the problem, the username of the person who exposed you to such content, and any other relevant information that may help us identify the content and/or user.

Feedback. We are sure that you will have a lot to say about the Game and are grateful for any feedback you provide. By submitting feedback, you acknowledge that it constitutes UGC under this Agreement. Therefore, the provisions applicable to UGC as outlined in this Section will also apply to your feedback. This means that we can use your ideas to improve our games or create new ones, and you won’t claim any rights to those ideas or ask for payment.

11. Streaming our Game

Content Creation and Monetization. You may create content (e.g., videos, streams, screenshots, or artwork) that incorporates our proprietary elements of the Game, such as gameplay, music, sound, graphics, etc. (“Game Content”) and share such content on media-sharing websites (YouTube, Twitch, Reddit, etc.), provided that such content is freely available to the public. Monetization of such content is permitted only through the official affiliate, advertising or partner programs of such sites (e.g., YouTube Monetization Policies) – other forms of monetization of Game Content are not permitted.

Official Content. Without our permission, you may only use the Game Content from official materials, i.e., products that have been officially released (including officially released early access versions of the Game), or from official promotional materials (e.g., trailers, artwork, screenshots, etc.).

Third-Party Content. If you wish to include third party property (such as music, videos, memes, photos, etc.) in your content along with the Game content, you are responsible for obtaining any necessary third-party permissions. In that regard, please acknowledge that some elements of our Game may be provided by third parties and therefore are not owned by us (see the list here https://www.aipeoplegame.com/integrations). Be aware that third party content may trigger content flags and potential removal of your content. Also, mind and follow the Prohibited Actions provision in Section 3 above.

Non-endorsement. You may not imply or state that your content is officially affiliated with, sponsored by, endorsed by, or approved by us (unless you have agreed with us to do so).

12. Rules of Conduct

Compliance and Safety. To guarantee legal compliance and ensure a respectful, safe, and responsible gaming experience and community, it is imperative that you strictly follow our Community Guidelines available at https://www.aipeoplegame.com/community-guidelines. These rules are not solely for adherence to the law but also to foster an environment of respect and responsibility, particularly in light of integrating artificial intelligence and large language models into the Game. The unpredictability and novelty of such technologies heighten the importance of these rules, as they, among others, guide your interactions within these advanced gaming scenarios.

Scope of Rules. When using the Game, you must abide by our Community Guidelines, which (in short) prohibit you from:

• breaking the law (for example committing crimes, infringing intellectual property or other third party rights);
• misusing or taking any action that may harm the Game, such as disrupting or interfering with the Game, server, or using, developing, distributing or selling exploits, cheats, etc.;
• taking any actions that negatively affect us, other users of our Game, or anyone else (for example spam the forums, share personal data, harass, troll, necropost, post any NSFW content or any Nazi propaganda or symbols, make racist comments or fun of religion, disturb the peace, etc.); or
• promote, encourage or take part in any prohibited activity described above.

Complete Document. For more detailed information, please see the detailed version of the Community Guidelines.

13. Term and Termination

Term. This Agreement is effective until terminated by you or us.

Termination and Consequences. We reserve the right to terminate this Agreement if we determine that you are in breach of this Agreement, if we suspect fraudulent activity, if we cease to make the Game available (for example, by shutting down the servers that host the Game), or for any other reason specified in this Agreement or permitted under applicable law. Termination may result in the loss of your User Account, username, purchased Subscription and/or Credits, achievements, forum badges, in-game items, save games, UGC, and other content associated with your User Account or use of the Game. In addition, upon termination, all rights to use the Game (including the License) and any purchased Subscription and/or Credits will terminate and you must cease all use of the Game and delete any and all copies of the Game from your device. If the Agreement is terminated due to your violation, we may prevent you from accessing the Game in the future.

Our Termination Rights. Should you commit a material breach of this Agreement, which includes serious breaches or conduct causing potential harm to the Game, its community, us, and our affiliates and partners, we may terminate or suspend your access to the Game and/or the User Account. A material breach encompasses violations of License terms or any explicitly prohibited actions under this Agreement and/or other documents concerning your use of the Game referenced herein. Whenever reasonably possible, we will inform you of the termination reasons and potential remedial actions. Following a suspension or termination under this clause, we bear no obligations or liabilities towards you.

Pre-Termination Actions and Refund Policy. Prior to terminating the Agreement, we may warn you, suspend, or alter your access to the Game, remove or delete any content which violates this Agreement, or ban your User Account or device from accessing the Game. You will not be entitled to any refund if such an action is taken.

Your Termination Rights. You may terminate this Agreement anytime by requesting User Account deletion or by eliminating all Game copies at your disposal. Reinstallation with the same User Account does not delete data associated with your User Account. However, termination for any reason as stipulated by applicable law will result in the deletion of your User Account and all purchased Subscriptions and Credits, which will no longer be usable.

Discontinuation of the Game. We may, in our sole discretion, discontinue the operation of the Game upon thirty days’ notice by email or within the Game (in the Game Launcher, pop-up window or otherwise). A discontinued Game will not receive any updates or modifications, and we do not guarantee that the Game will continue to work or be available for download on newer or updated operating systems. In such cases, we will have no future obligations or liabilities to you, although this does not negate any pre-existing obligations or liabilities that may have arisen prior to the discontinuation of the Game.

Consent to Commence Performance. By entering into this Agreement, you explicitly consent to and request our immediate initiation of the provision of the Game, thereby acknowledging the extinguishment of your statutory rights to withdraw from the Agreement, including the right to any related refunds or returns of fees, in accordance with applicable law. This without prejudice to your rights under Section 16.

Survival. All Sections that by their nature would survive termination of the Agreement shall survive termination thereof. In particular, the rights granted by you to us to your UGC under Section 10 of this Agreement and the provisions of Section 11 will continue beyond the termination of this Agreement.

Additional Provisions. The provisions of this Section are without prejudice to the provisions of the Terms of Sale, especially relating to the existence and termination of the User Account and/or the Subscription and the Credits.

14. Privacy and Use of Data

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

15. Representations and Limitations of Liability

Representations. We hereby represent that: (i) we possess the necessary rights to enter into this Agreement and grant you the usage rights for the Game as detailed herein; (ii) we will exercise reasonable care regarding the Game and your usage thereof; (iii) the Game will provide the features and functions generally described in the latest relevant product documentation at the time of your purchase or use of the Game, and (iv) we will endeavor to adhere to applicable laws while fulfilling our obligations under this Agreement. 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 (so-called mandatory provisions).

No Warranty. We do not warrant that the Game will always run uninterrupted or without errors, nor do we warrant the performance of the Game on your specific device, considering the variability in hardware, software, internet connections, and individual usage patterns. Furthermore, we do not warrant that the Game will be free from interference with your enjoyment, meet your requirements, or be compatible with third-party software or hardware, nor that errors within the Game 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 possession, use, or malfunction of the Game. This applies whether such damages arise out of or are related to this Agreement or the Game, 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. We also won’t have responsibility for any damage which arises because you failed to install any Game update when it is made available by us or where you fail to maintain the minimum system specifications required. Moreover, to the extent permitted by law, our total liability to you for any losses, harm, or damages incurred in connection with your downloading, use, or access of the Game is capped at the total amounts you’ve paid us 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 transactions under this 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 this 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 Game pursuant to the terms of the Agreement and/or applicable law.

Liability Exceptions. Despite any other provisions in this 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.

16. Complaint Procedure

Rights from Defects. If the Game is defective, you are entitled to assert rights arising from defects as specified under applicable laws and in Section 7 of our Terms of Sale.

17. Governing Law and Dispute Resolution

Governing Law. You agree that this Agreement shall be deemed to have been made and executed in the Czech Republic and any dispute arising under this Agreement shall be resolved in accordance with Czech law, excluding the conflict of laws provisions and the Convention on Contracts for the International Sale of Goods. If you are a consumer this shall not apply insofar as mandatory provisions (e.g. mandatory consumer protection regulations) under the law of the state in which you have your domicile, usual residence or registered office conflict with the application of Czech law pursuant to Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

Dispute Resolution. Any disputes regarding this Agreement and your use of the Game (“Disputes”) can be resolved by contacting us at support@goodai.com. You must try to solve any Dispute informally with us for 30 days before initiating any court proceeding. In the event that we are unable to resolve the Dispute amicably within thirty (30) days, either of us may submit the Dispute to the exclusive jurisdiction of the courts located in Prague, Czech Republic. However, if you are a consumer with residence in the EU, you may submit the Dispute to the applicable courts in your place of residence.

ADR. If you are a consumer, you have the right to out-of-court dispute resolution (ADR) of any disputes arising from this Agreement through the Czech Trade Inspection Authority (www.coi.cz or www.adr.coi.cz), Central Inspectorate – ADR Department, with its registered office at Gorazdova 1969/24, 120 00 Prague 2, Czech Republic, email: adr@coi.cz. The out-of-court settlement of a consumer dispute shall be initiated upon your request, which may be submitted in particular in writing, orally on the record or electronically via the online form on the website of the Czech Trade Inspection Authority. You can also use the online platform for out-of-court dispute resolution provided by the European Commission, which can be accessed on www.ec.europa.eu/consumers/odr. On this platform, you can find a list of consumer dispute resolution bodies that can assist in the out-of-court settlement of disputes.

Regional Laws. You may have additional rights under the mandatory legal provisions of the jurisdiction from which you access or use the Game.

18. Miscellaneous

Complete Agreement. This Agreement represents the complete agreement between you and us concerning the Game and supersedes any prior or contemporaneous agreements between you and us. This Agreement shall coexist with and shall not supersede any other of our documents, terms and policies referenced in this Agreement. You and we agree that we have not relied upon any terms, conditions, representations, warranties or similar that are not expressly set out in this Agreement.

Third-Party Interactions. Some components of the Game, such as AI large language models, are provided or facilitated by third parties and are governed by their own terms and conditions. You are solely responsible for adhering to these terms, which may govern your use of specific features or content within the Game. We do not guarantee the functionality, quality, or availability of these third-party components, nor do we ensure they are free of charge.

No Third-Party Rights. The terms of this Agreement specifically define the relationship between you and us and do not confer rights to any third parties, except as explicitly stated within this document.

Transferability. We reserve the right and are entitled to assign, subcontract, or transfer our obligations under this Agreement to a third party for purposes such as supporting the Game, reorganization, merger, or other business needs, without prior notice or further consent by you. You expressly acknowledge and agree that such transfer will not adversely affect your rights under this Agreement. You hereby agree to the aforesaid and waive any rights you may have to object to such assignment.

Waiver. Neither party’s failure or delay in exercising any right, power, or privilege under this Agreement shall act as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof. The right to enforce our or your rights and remedies will remain in effect unless explicitly waived in this Agreement.

Relationship Clause. By agreeing to this Agreement, you understand that no joint venture, partnership, employment, or agency relationship is established between you and us as a result of this Agreement or through your use of the Game.

19. Updates to this Agreement

Amendments. We may amend this Agreement from time to time by posting an updated version on our Game and by sending an email to the address associated with your User Account. The amendments will come into effect after 30 days so make sure to review the Agreement often. Your continued use of the Game after the changes come into effect means that you have accepted them.

Disagreement. If the Agreement updates are not acceptable to you, we regretfully ask that you stop using the Game. While we wish it could be otherwise, it’s essential for the smooth operation of the Game that all users follow the same set of rules, rather than operating under varied terms. This uniformity ensures fairness and consistency for everyone involved. Therefore, if you have any questions or concerns about these changes, we strongly encourage you to reach out to us.

20. Contact Details

If you have any questions concerning this Agreement or the Game, you may contact us in writing at: support@goodai.com.

When you send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by email or by posting notices via the Game. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Effective Date of the Terms: August 21 2024