Tethys Software Agreements
Outline:
Privacy Policy
Terms of Services (ToS)
End-User License Agreement (EULA)
Age Restriction and Parental Consent
Data Processing Agreements (DPAs)
Compliance with Local Regulations
1. Privacy Policy for Tethys
Last Updated: 12/05/23
Witted srl ("we," "us," or "our") is committed to protecting the privacy of our users. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our software, Tethys ("Software").
Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access or use the Software.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates.
1. Collection of Your Information
We may collect information about you in a variety of ways. The information we may collect includes:
a. Personal Data: Personal data is information that can be used to identify you. We may collect personal data such as your name, email address, and other contact details when you register for an account or otherwise interact with our Software.
b. Usage Data: We may collect anonymous data about how you use our Software, such as the features you access, the time spent on the Software, and other usage statistics.
c. Technical Data: We may collect technical information, such as your device type, operating system, browser information, and IP address.
2. Use of Your Information
We may use the information we collect from you for various purposes, including to:
a. Provide and improve our Software and services.
b. Communicate with you, respond to your inquiries, and send you updates and announcements.
c. Analyze usage patterns and user behavior to optimize our Software and develop new features.
d. Ensure the security and integrity of our Software and prevent fraud, abuse, or other malicious activities.
e. Comply with legal obligations and protect our rights and interests.
3. Disclosure of Your Information
We may share your information with third parties under certain circumstances, including:
a. Service Providers: We may share your information with third-party service providers that perform services on our behalf, such as hosting providers, payment processors, and analytics providers.
b. Legal Compliance: We may disclose your information if required by law or in response to a legal request, such as a subpoena or court order.
c. Business Transfers: We may share or transfer your information in connection with a merger, acquisition, or sale of assets.
4. Security of Your Information
We take the security of your information seriously and implement appropriate technical and organizational measures to protect your personal data from unauthorized access, disclosure, alteration, or destruction. However, no method of data transmission or storage is 100% secure, and we cannot guarantee the absolute security of your information.
5. Children's Privacy
Our Software is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to remove that information from our systems.
6. Your Rights and Choices
You may have certain rights under applicable data protection laws, such as the right to access, update, or delete your personal data, or to object to or restrict the processing of your data. To exercise these rights, please contact us at support@witted.eco.
7. Contact Us
If you have questions or concerns about this Privacy Policy or our data practices
2. Terms of Service for Tethys
Last Updated: 12/05/23
Please read these Terms of Service ("Terms") carefully before using Tethys ("Software") developed by Witted srl ("we," "us," or "our").
By accessing or using the Software, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Software.
1. License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Software for your personal, non-commercial purposes.
2. Restrictions
You agree not to:
a. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Software.
b. Use the Software for any illegal, fraudulent, or unauthorized purpose.
c. Interfere with, disrupt, or attempt to gain unauthorized access to the Software or any related systems or networks.
3. Intellectual Property Rights
All rights, titles, and interests in and to the Software, including all associated intellectual property rights, are owned by or licensed to us. Nothing in these Terms transfers any intellectual property rights to you or gives you any rights to use our trademarks, logos, or other proprietary information.
4. User Content
If the Software allows you to create, post, or share content, you retain all ownership rights in your content. However, by submitting content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your content in connection with the Software.
You represent and warrant that you own or have the necessary rights and permissions to use and share your content and that your content does not violate any laws, regulations, or third-party rights, such as intellectual property, privacy, or publicity rights.
5. Third-Party Links and Services
The Software may contain links to third-party websites or services. We do not control or endorse these websites or services and are not responsible for their content, privacy policies, or terms of use. You access and use these websites or services at your own risk.
6. Disclaimer of Warranties
The Software is provided "as is" and without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Software will be uninterrupted, error-free, or free from viruses or other harmful components.
7. Limitation of Liability
To the maximum extent permitted by law, in no event shall we or our affiliates, licensors, or partners be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits or data, arising out of or in connection with your use of the Software or these Terms.
Tethys includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Witted srl, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Witted srl, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Tethys, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Tethys, or will not revoke approval of this Tethys for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Witted srl and Epic. Witted srl, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Witted srl, Epic, Epic’s licensors, nor its or their affiliates or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Witted srl, Epic, Epic’s licensors, nor its or their affiliates, nor any of Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Witted srl, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Witted srl, Epic, Epic’s licensors, its and their affiliates, and any of Witted srl or Epic’s service providers shall be limited to the full extent permitted by law.
8. Indemnification
You agree to indemnify, defend, and hold us and our affiliates, licensors, partners, and their respective employees, agents, and contractors harmless from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Software, your violation of these Terms, or your infringement
of any intellectual property, privacy, or other rights of any person or entity.
9. Termination
We reserve the right, in our sole discretion, to terminate your access to the Software and your license to use it, with or without notice, for any reason or no reason, including but not limited to your breach of these Terms. Upon termination, you must cease all use of the Software and destroy any copies in your possession or control.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of YOUR Jurisdiction without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in YOUR Jurisdiction to resolve any disputes arising out of or in connection with these Terms or your use of the Software.
11. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be enforced to the maximum extent permitted by law.
12. Changes to Terms
We reserve the right to modify these Terms at any time and for any reason. We will notify you of any changes by posting the updated Terms on this page with the "Last Updated" date. Your continued use of the Software after any changes to the Terms constitutes your acceptance of the updated Terms.
13. User Account
Account Information. As a personal or business user, you are responsible for all activities that occur under your account, even if such activities are not authorized by you or occur without your knowledge or consent. You may not (A) share your account information with anyone other than an authorized account administrator, either intentionally or unintentionally, or (B) use someone else's account. Witted srl reserves the right to monitor and enforce limits and/or restrictions on subscription plans, including, but not limited to, the right to charge for exceeding usage limits.
Account Security. You are responsible for taking reasonable steps to maintain the security and control of your Tethys account. Tethys may require you to enable multi-factor authentication and provide a phone number or alternate email address for security purposes. Witted srl is not responsible for any losses you may incur due to a compromise of your account credentials or your failure to respond or take action in response to any notifications or alerts that Witted srl may send to your email address or phone number. You are responsible for keeping your email address and phone number up to date to receive any notifications or alerts from Witted sr, and for carefully reviewing all messages claiming to be from Witted srl to ensure that they are legitimate. Witted srl is not responsible if you are unable to access your Tethys account because you cannot provide the appropriate login credentials, such as your password, email address, or phone number. If you suspect that your account or any of your security data has been compromised, you must contact your account administrator or our Customer Support.
Inactivity of Free Accounts. You are responsible for keeping your account active by logging in periodically to avoid interruptions or loss of access to the Services and Software or account closure. If you do not log in to your account periodically, Witted srl reserves the right to assume that your account is inactive, and you agree that Witted srl may close it. You agree to lose access to any Content stored in your account upon closure. Before closing your account due to inactivity, we will attempt to notify you. For the avoidance of doubt, this Section 5.3 (Inactivity of Free Accounts) does not apply to paid accounts in good standing
14. Contact Information
If you have any questions or concerns about these Terms or the Software, please contact us at support@witted.eco.
3. End-User License Agreement (EULA) for Tethys
Last Updated: 05/12/23
This End-User License Agreement ("EULA") is a legal agreement between you ("Licensee," "you" or "your") and Witted srl ("Licensor," "we," "us," or "our") for the use of Tethys ("Software"), which includes any associated media, printed materials, and electronic documentation.
By installing, copying, downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, download, access, or use the Software.
1. Grant of License
Subject to your compliance with the terms and conditions of this EULA, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to install and use the Software for your personal, non-commercial purposes.
2. License Restrictions
You agree not to:
a. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Software.
b. Use the Software for any illegal, fraudulent, or unauthorized purpose.
c. Interfere with, disrupt, or attempt to gain unauthorized access to the Software or any related systems or networks.
d. Use the Software to generate AI datasets or conduct research without the express written authorization of the Licensor.
3. Intellectual Property Rights
All rights, titles, and interests in and to the Software, including all associated intellectual property rights, are owned by or licensed to us. The Software is licensed, not sold, to you. Nothing in this EULA transfers any intellectual property rights to you or gives you any rights to use our trademarks, logos, or other proprietary information.
4. Unreal Engine
The Software may be developed using Unreal Engine, which is a product of Epic Games, Inc. Your use of the Software is also subject to the terms and conditions of the Unreal Engine End User License Agreement, which can be found at (https://www.unrealengine.com/eula) or a subsequent URL provided by Epic Games, Inc.
5. Termination
We reserve the right, in our sole discretion, to terminate this EULA and your license to use the Software at any time, with or without notice, for any reason or no reason, including but not limited to your breach of any terms of this EULA. Upon termination, you must cease all use of the Software and destroy any copies in your possession or control.
6. Disclaimer of Warranties
The Software is provided "as is" and without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Software will be uninterrupted, error-free, or free from viruses or other harmful components.
7. Limitation of Liability
To the maximum extent permitted by law, in no event shall we or our affiliates, licensors, or partners be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits or data,
arising out of or in connection with your use of the Software, even if we have been advised of the possibility of such damages. In any case, our total aggregate liability under this EULA shall not exceed the amount paid by you for the Software, if any.
8. Indemnification
You agree to indemnify, defend, and hold harmless the Licensor and its affiliates, licensors, partners, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of the Software or your violation of this EULA.
9. Governing Law and Jurisdiction
This EULA shall be governed by and construed in accordance with the laws of YOUR Jurisdiction without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in YOURJurisdiction to resolve any disputes arising out of or in connection with this EULA or your use of the Software.
10. Severability
If any provision of this EULA is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be enforced to the maximum extent permitted by law.
11. Changes to EULA
We reserve the right to modify this EULA at any time and for any reason. We will notify you of any changes by posting the updated EULA on this page with the "Last Updated" date. Your continued use of the Software after any changes to the EULA constitutes your acceptance of the updated EULA.
12. Contact Information
If you have any questions or concerns about this EULA or the Software, please contact us at support@witted.eco.
4. Age Restrictions and Parental Consent Policy for Tethys
Last Updated: 12/05/23
1. Age Restrictions
Tethys ("Software") developed by Witted srl ("we," "us," or "our") is not intended for use by children under the age of 13. By using the Software, you represent and warrant that you are at least 13 years of age. If you are under the age of 13, you must not access or use the Software.
If you are between the ages of 13 and the age of majority in your jurisdiction (usually 18), you may use the Software only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service and our Privacy Policy.
2. Parental Consent
If a user is between the ages of 13 and the age of majority in their jurisdiction, we may require parental consent before the user can access certain features of the Software or submit personal information to us. In such cases, the parent or legal guardian must provide verifiable consent to our collection, use, and disclosure of the child's personal information as described in our Privacy Policy.
We may use various methods to obtain verifiable parental consent, such as:
a. Requiring a signed consent form to be submitted by mail, email, or fax.
b. Accepting a credit card or other online payment in connection with a transaction initiated by the parent or legal guardian.
c. Verifying the parent's identity through a phone or video call.
d. Using a third-party identity verification service.
Parents or legal guardians have the right to review, modify, or delete their child's personal information or revoke their consent at any time by contacting us at support@witted.eco.
3. Changes to this Policy
We reserve the right to modify this Age Restrictions and Parental Consent Policy at any time and for any reason. We will notify you of any changes by posting the updated policy on this page with the "Last Updated" date. Your continued use of the Software after any changes to the policy constitutes your acceptance of the updated policy.
4. Contact Information
If you have any questions or concerns about this Age Restrictions and Parental Consent Policy, please contact us at support@witted.eco.
5. Data Processing Agreement (DPA)
This Data Processing Agreement ("Agreement") is entered into as of 05/12/23 by and between Witted srl ("Data Controller") and XSOLLA ("Data Processor").
WHEREAS, Data Controller engages Data Processor to process Personal Data on its behalf in connection with the services provided by Data Processor under the Service Agreement;
WHEREAS, the Parties agree to comply with the applicable data protection laws and regulations, including the General Data Protection Regulation (GDPR);
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:
1. Definitions
a. "Personal Data" means any information relating to an identified or identifiable natural person ('Data Subject') that is processed by Data Processor on behalf of Data Controller.
b. "Processing" means any operation or set of operations performed on Personal Data, whether or not by automated means, such as collection, recording, organization, storage, alteration, retrieval, consultation, use, disclosure, or deletion.
2. Data Processor's Obligations
Data Processor agrees to:
a. Process Personal Data only on documented instructions from Data Controller, including the transfer of Personal Data to a third country or an international organization, unless required to do so by applicable law.
b. Ensure that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
c. Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk associated with the Processing of Personal Data.
d. Assist Data Controller, taking into account the nature of the Processing, in fulfilling its obligations to respond to Data Subjects' requests for exercising their rights under the GDPR.
e. Assist Data Controller in ensuring compliance with the obligations relating to data protection impact assessments and prior consultation, where applicable.
f. At the choice of Data Controller, delete or return all the Personal Data to Data Controller after the end of the provision of services, and delete existing copies unless applicable law requires the storage of the Personal Data.
g. Make available to Data Controller all information necessary to demonstrate compliance with the obligations under this Agreement and allow for and contribute to audits, including inspections, conducted by Data Controller or another auditor mandated by Data Controller.
3. Subprocessors
Data Processor may engage subprocessors to process Personal Data, provided that Data Processor:
a. Informs Data Controller of any intended changes concerning the addition or replacement of subprocessors and gives Data Controller the opportunity to object to such changes.
b. Ensures that the subprocessor is bound by the same data protection obligations set forth in this Agreement.
c. Remains fully liable to Data Controller for the performance of the subprocessor's obligations.
4. Liability
The Parties' liability for any breach of this Agreement, any data protection laws or regulations, or any other applicable laws, shall be determined in accordance with the provisions of the Service Agreement governing the relationship between the Parties.
5. Term and Termination
This Agreement shall remain in force for the duration of the Processing activities performed by Data Processor on behalf of Data Controller. Upon termination of the Service Agreement , Data Processor shall cease Processing Personal Data and, at the choice of Data Controller, delete or return all the Personal Data in accordance with Section 2(f) of this Agreement.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of YOUR Jurisdiction without regard to its conflict of law provisions. The Parties agree to submit to the exclusive jurisdiction of the courts located in YOUR Jurisdiction to resolve any disputes arising out of or in connection with this Agreement.
7. Miscellaneous
a. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, whether written or oral, with respect to the subject matter hereof.
b. Any amendment or modification to this Agreement must be in writing and signed by both Parties.
c. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be enforced to the maximum extent permitted by law.
d. No waiver of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach.
e. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.