Terms and Conditions

Effective Date: [May 1, 2024]

Introduction

These Terms and Conditions (the “Terms”) govern your access to and use of the GameAnalyze website and the GameAnalyze application (together, the “Services”), owned and operated by GameAnalyze B.V. (“GameAnalyze,” “we,” “us,” or “our”). 

GameAnalyze B.V. is registered at Langegracht 70, 2312 NV, Leiden, the Netherlands, under the Dutch Chamber of Commerce number 93609191.

By accessing or using the Services, you, on behalf of yourself or the organization you represent (“Customer” or “you”), agree to be bound by these Terms. If you do not have the authority to agree to these Terms or do not agree with them, you must discontinue all use of the Services.

Definitions

Authorized Users: Individuals designated by you to access and use the Services.

Customer Data: Any content, information, or data that you or your Authorized Users submit to the Services, including but not limited to behavioral, cognitive, emotional, and performance metrics collected through use of the GameAnalyze app. Customer Data excludes the Services, GameAnalyze’s content, and any non-GameAnalyze products or integrations.

Non-GameAnalyze Products: Third-party products, services, applications, or integrations that are not owned or operated by GameAnalyze but that you may choose to enable or connect to the Services.

Acceptable Use & Compliance

You are responsible for ensuring that your use of the Services is in accordance with all applicable laws, regulations, and these Terms. You agree not to:

Use the Services in any manner that violates applicable laws or regulations.

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.

Interfere with, disrupt, or harm the Services, including by introducing viruses, worms, or other harmful code.

Attempt to gain unauthorized access to any portion of the Services, or circumvent or disable any security or access control feature.

Use the Services for any unlawful, fraudulent, or defamatory purpose.

We reserve the right to monitor use of the Services to uphold these Terms, ensure compliance with applicable law, and protect the integrity of the Services.

You agree not to use the Services for medical diagnosis, treatment decisions, or any purpose that could be construed as medical use under applicable law, including the EU Medical Device Regulation (MDR 2017/745).

Prohibited Medical Use: You agree not to use the Services for any medical or healthcare-related purpose, including but not limited to diagnosis, monitoring, treatment, or prevention of any disease, disorder, or medical condition. Any such use is strictly prohibited and constitutes a breach of these Terms.

Nature Of The Services & Disclaimer

No Medical or Legal Advice: The Services provide insights into cognitive and emotional wellbeing based on authorised user in-app interactions (e.g., tasks completed, reaction times, facial expressions, speech patterns, and other behavioral metrics). These insights are intended for personal informational purposes only. The Services do not constitute medical, psychological, or legal advice, nor are they a substitute for professional judgment. GameAnalyze is not a medical device and is not designed to diagnose, treat, cure, or prevent any disease or medical condition. If you or someone close to you feels unwell, please seek immediate professional medical advice.

Likewise, any references to regulations (such as the Medical Device Regulation) within the Services are general and do not constitute legal counsel. For questions regarding legal compliance, please consult a qualified professional.

Wellbeing-Only Purpose: The Services are intended exclusively for general wellbeing, lifestyle, and cognitive training purposes. They are not designed, marketed, or authorized for use as medical, diagnostic, therapeutic, or preventive tools. The Services do not fall within the scope of the EU Medical Device Regulation (MDR 2017/745) or any other medical device legislation.

Product Changes & Availability

We may at any time modify, suspend, discontinue, or restrict access to any feature of the Services without notice. The Services may contain typographical errors, inaccuracies, or incomplete information. We reserve the right to correct any such errors, inaccuracies, or omissions and to update information at any time without prior notice.

Data Collection & Processing

Types of Data Collected: We collect specific data points to provide personalized insights and improve our AI algorithms. Such data may include:

Gameplay Data: Actions taken within the games, including choices made, task completion rates, reaction times, error counts, scores achieved, the sequence and duration played, and time spent on specific in-game tasks or activities.

Biometric and Behavioral Data: Facial expressions, vocal tone, speech patterns, micro-expressions, eye movement, blink rate, and other physiological indicators, as well as attention span and impulsivity measurements. Such data may be collected through video recordings, audio recordings, or other available sensors within the Services (with your explicit consent).

Device and Environmental Data: Information about the device (e.g., device type, operating system, IP address), as well as location, date, time, and surrounding noise levels that may affect your performance or state.

Data Source: We obtain these data points primarily through interactions with our Services (e.g., gameplay sessions, recorded user input, video and audio captures if enabled), and through technical logs and sensor inputs from your device.

Purpose of Collection: We collect each type of data to support, train, and refine our AI algorithms. For example:

Gameplay Data helps us understand cognitive performance, task proficiency, decision-making under pressure, and ability to maintain focus.

Biometric and Behavioral Data provide insights into emotional and physiological states, enabling pattern recognition related to stress, engagement, and mood.

Device and Environmental Data allow us to contextualize performance and emotional indicators within different conditions, ensuring that insights are tailored to your specific usage environment.

By analyzing these data types together, our AI algorithms identify patterns and generate personalized insights and recommendations, guiding towards improved focus, emotional awareness, and overall wellbeing.

Data Usage: We utilize your data exclusively to deliver personalized insights and recommendations that support authorized users overall wellbeing. Our Services are not intended to replace professional medical advice or treatment. Examples of data usage:

AI Algorithm Function: We apply techniques such as machine learning and deep learning to identify patterns, forecast outcomes, and tailor suggestions based on your individual data profile. Methods like clustering, classification, regression, and time-series analysis help us interpret complex behavioral and biometric information.

Data Processing:

Feature Extraction: Identifying and measuring key attributes (e.g., reaction times, facial muscle activity, voice pitch) that influence our analysis.

Model Training and Refinement: Using historical and aggregated datasets to enhance our models’ predictive accuracy and quality of recommendations regarding cognitive and emotional states.

Inference: During interactions with the Services, our algorithms analyze latest data points, compare them to previously learned patterns, and generate real-time insights

Output Generation:

Personalized Insights and Recommendations: Guidance designed to improve focus, reduce stress, or increase emotional resilience.

Trend Analyses: Overviews of changes in performance or emotional state, enabling to understand progress and patterns over time.

Predictive Indicators: Early warnings of potential declines in focus, rising stress levels, or other noteworthy signals, helping to take proactive measures to support authorized user wellbeing.

Data Security and Privacy: We implement reasonable technical and organizational safeguards to protect Customer Data against unauthorized access, use, modification, or disclosure. We will maintain a level of security not materially less protective than our published security practices. However, you acknowledge that no data transmission or storage system can be guaranteed 100% secure. By using the Services, you consent to our collection, use, and disclosure of your data in accordance with these Terms and our Privacy Policy.

User Rights Regarding Data: You acknowledge that while you may have the right to be informed about the data collected from or about you or your Authorized user and request access to it, you do not have the right to modify or alter the data once collected. However, you may request the deletion of your or your Authorized user personal data by contacting us at the address provided in the “Contact Information” section. Upon receiving a valid deletion request, we will take reasonable steps to delete or de-identify your personal data in accordance with our legal obligations and internal policies. Please note that certain aggregated, pseudonymized, or de-identified data may be retained as set forth in these Terms for research, statistical, or other permitted purposes.

Non-GameAnalyze Products: If you choose to connect any Non-GameAnalyze Product to the Services, you acknowledge that we are not responsible for any Customer Data once it is transmitted to or accessed by the third party. Your relationship with the third party is governed by that party’s terms and conditions and privacy policies.

Data Sharing And Retention

Third-Party Service Providers:

We may engage vetted external providers for tasks like cloud storage, analytics, and AI model development.

These providers only receive the specific data necessary to perform their assigned functions.

All third parties must adhere to confidentiality obligations and meet or exceed our data protection standards.

Healthcare Professionals (With Your Consent):

If you opt in, we may share relevant data with authorized medical experts to provide diagnostic support, health guidance, or personalized recommendations.

Shared data is limited to what the healthcare professional needs for the agreed-upon purpose.

All involved professionals are subject to strict confidentiality measures and applicable legal requirements.

Research Partners (Anonymized Data):

We may use aggregated, pseudonymized, or de-identified data for internal or external research and to enhance our algorithms.

These anonymized datasets may be shared with reputable research institutions, academic bodies, or industry partners to advance scientific understanding and improve the Services.

No information that can directly identify you will be disclosed, and we prohibit any attempts by third parties to re-identify individuals.

Data Anonymization:

Before using or sharing data for research, analysis, or service improvement, we remove personal identifiers to create aggregated or de-identified datasets. This process ensures that third parties cannot associate the information back to you, safeguarding your privacy.

Data Retention:

Identifiable Data: Retained only as long as needed to operate the Services, fulfill the purposes stated in these Terms, and comply with legal requirements.

Aggregated, Pseudonymized, or De-Identified Data: May be stored indefinitely for ongoing research, product development, statistical analysis, and other permissible uses.

If you stop using the Services or request data deletion, we will take reasonable steps to remove or anonymize your personal data. Even after deletion requests, we may continue using non-identifiable, aggregated data for legitimate purposes.

Artificial Intelligence (Ai)

Use of AI in the Services: GameAnalyze utilizes artificial intelligence and machine learning algorithms to process the data you or your Authorized user provide and generate insights, suggestions, and recommendations regarding your or your Authorized user cognitive and emotional wellbeing. AI-driven analysis enables the Services to identify patterns, trends, and correlations that may be difficult to discern through manual analysis.

AI Limitations and Non-Medical Purpose: While our AI models are designed to offer valuable information and improve over time, they have inherent limitations and are not infallible. The AI-generated insights are intended solely for general wellbeing purposes and should not be interpreted as medical, psychological, or legal advice. Always consult a qualified healthcare or legal professional for personal health or legal matters.

Data Used for AI Training and Improvement: We may use data collected through the Services to train, refine, and enhance our AI algorithms, models, and features. This may include aggregated, pseudonymized, or de-identified data for ongoing improvement, research, or development of the Services and our underlying AI technologies.

Transparency and Fairness in AI: We strive to develop and deploy AI systems that are as accurate, reliable, and unbiased as possible. However, due to the complexity of machine learning, we cannot guarantee complete freedom from biases or inaccuracies. If you have concerns about how your data is being processed by our AI systems, please contact us at the address listed under “Contact Information.”

User Responsibility and Informed Consent: By using the Services, you acknowledge and agree to the use of AI algorithms to analyze your data. You understand the nature and limitations of AI-generated insights and accept the responsibility to verify any recommendations or suggestions against professional advice where appropriate.

Potential Future Changes In The Nature Of The Services

While the Services are currently offered as a wellbeing platform providing general insights into cognitive and emotional states, you acknowledge and agree that in the future, we may modify the Services to provide diagnostic functionalities. In the event that we decide to transition the Services into a diagnostic tool, we will seek all necessary regulatory clearances, including compliance with the Medical Device Regulation (MDR) or any other applicable standards.

If and when such a transition occurs:

We will provide you with notice regarding the change in the Services’ nature, as well as any updates to these Terms and our Privacy Policy.

We may use previously collected data, including data obtained while the Services were offered solely as a wellbeing platform, to inform, train, and improve the diagnostic features of the revised Services, subject to the applicable laws, regulatory requirements, and updated terms.

Any continued use of the revised diagnostic Services or the data will be governed by the updated Terms, and you may be required to provide additional consents or accept new conditions to continue using the Services.

Regulatory Compliance Reserve: Should GameAnalyze at any time expand the Services in a way that could bring them under the scope of MDR 2017/745 or other applicable health regulations, GameAnalyze will obtain all required regulatory approvals and clearances before offering such functionalities. Until such approvals are obtained, the Services remain strictly non-medical in nature.

Until such a transition is completed, the Services remain non-medical in nature and are not intended for diagnosing, preventing, monitoring, treating, or alleviating any disease or medical condition.

User Responsibility & Acknowledgement

User Responsibility: By using the Services, you acknowledge and agree that GameAnalyze does not provide medical, psychological, or legal advice. You remain solely responsible for seeking advice, diagnosis, or treatment from qualified professionals regarding your health or wellbeing. GameAnalyze disclaims all liability for any medical decisions made in reliance on the Services.

Ownership & Intellectual Property

GameAnalyze Content & Services: All intellectual property rights in the Services, including all software, design, text, graphics, images, videos, and other content provided by us are owned by GameAnalyze and its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Services during the term of your subscription or usage, subject to compliance with these Terms.

Customer Data: You retain all rights to Customer Data submitted to the Services. By submitting Customer Data, you grant us a non-exclusive, worldwide, royalty-free, irrevocable license to process and use the Customer Data as necessary to provide and improve the Services in accordance with these Terms.

Restrictions on Representation: You are prohibited from representing, advertising, or promoting the Services as a medical device or as providing medical, diagnostic, or therapeutic functionality. Any unauthorized representation of the Services as a medical device is strictly forbidden and constitutes a material breach of these Terms.

Communication

Channels of Communication: We may communicate with you using various methods, including but not limited to email, in-app messages, notifications, or other electronic means associated with your account. By using the Services, you agree that we may send you such communications, which may include administrative messages, updates about new features, policy changes, promotional offers, or other notices related to the Services.

Contact Information: It is your responsibility to provide and maintain accurate contact information so that we can reach you when necessary. If you fail to maintain valid and up-to-date contact details, you may miss important notifications and updates about the Services.

Opting Out of Marketing Communications: You may opt out of receiving certain promotional messages at any time by following the unsubscribe instructions included in the communication or by contacting us directly. Please note that opting out of promotional communications may not affect our ability to send you service-related notices, such as those pertaining to updates to these Terms, privacy policy changes, billing issues, or security alerts.

Response Times and Support: While we strive to address inquiries, feedback, and support requests promptly, we do not guarantee a specific response time. If you have questions or need assistance, please contact us at the designated support email address or through other officially provided channels as stated in these Terms or on our website.

Feedback

We value your input and welcome feedback, suggestions, or ideas about how we can improve the Services. By submitting any feedback, you agree that we may use, modify, and incorporate it into our products and services without any obligation or compensation to you. We appreciate your willingness to help us enhance the user experience and will consider all suggestions, although we are not obligated to implement any specific changes.

Payment Terms

Fees and Currency: Unless otherwise specified, all fees are listed and payable in the currency indicated at the time of purchase. Subscription fees may vary based on your country of residence, applicable taxes, currency exchange rates, and regional pricing strategies. It is your responsibility to review the pricing presented to you at checkout before completing a transaction.

Automatic Renewal: Unless otherwise specified, all paid subscriptions to the Services will automatically renew at the end of each subscription term for an additional term equal in length to the initial term. We will charge the then-current subscription fee using the same payment method you previously provided. You acknowledge and agree that we are not required to provide notice of this automatic renewal, and it is your responsibility to review your subscription status, pricing, and renewal dates regularly.

User Responsibility for Subscription Management: It is your responsibility to be aware of your subscription’s renewal schedule and associated fees. If you do not wish to continue your subscription for a subsequent term, you must cancel your subscription before the current term ends. Failure to do so will result in the automatic renewal and charge of your chosen payment method. Instructions for canceling your subscription are provided within the Services or on our website.

Non-Refundable Fees: All fees paid are non-refundable unless otherwise expressly stated in these Terms or required by applicable law. If you cancel prior to the end of a subscription term, you will not receive a pro-rated refund for any remaining portion of that term.

Termination & Suspension

Termination for Breach. Either party may terminate these Terms if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days following written notice of the breach. Material breaches include, but are not limited to:

Violations of applicable laws or regulations in connection with the use of the Services.

Any attempt to gain unauthorized access to the Services, circumvent security measures, or impair the functionality or integrity of the Services.

Misuse of the Services that results in unauthorized disclosure or modification of Customer Data, or the introduction of malware, viruses, or other harmful code.

A breach of confidentiality or other material contractual obligations set forth in these Terms.

If Customer fails to pay any fees owed under these Terms and does not rectify such failure within ten (10) days of receiving written notice from GameAnalyze.

Immediate Termination for Unlawful or Harmful Conduct:

We may terminate these Terms immediately without notice if we reasonably believe that your use of the Services:

Violates applicable law, including but not limited to fraud, data theft, or unauthorized distribution of copyrighted or otherwise protected content.

Poses a risk to the security, stability, or proper functioning of the Services or the data of other customers.

Threatens the rights, property, or safety of GameAnalyze, our users, or third parties.

Termination for Convenience (Free Subscriptions Only): If you are using free or trial-based subscriptions, we reserve the right to terminate such subscriptions without cause by providing you with prior notice as specified elsewhere in these Terms.

Effects of Termination. Upon termination of these Terms for any reason:

Your right to access and use the Services immediately ceases.

We have no obligation to maintain or provide any Customer Data in a personally identifiable form. We may, however, retain and continue to use any data obtained during the course of providing the Services in aggregated, pseudonymized, or de-identified form for research, scientific, statistical, or analytical purposes, in accordance with these Terms and our Privacy Policy.

Any prepaid fees covering the remainder of the term, if applicable, will be handled in accordance with the applicable termination and refund provisions stated in these Terms.

Even if you or your Authorized User stops using or otherwise discontinues access to the Services, we reserve the right to retain all data previously collected from that Authorized User for an indefinite period. Such data may be maintained in aggregated, pseudonymized, or de-identified form and utilized for research, scientific, statistical, and analytical purposes as permitted under these Terms and our Privacy Policy. We will not use any retained data in a manner that would directly identify the individual Authorized User without their explicit consent.

Links To Third-Party Websites

The Services may contain links to third-party websites. These links are provided for informational purposes only and do not constitute approval, endorsement, or recommendation by GameAnalyze. We are not responsible for the content, accuracy, completeness, legality, or any other aspect of these external sources. Your use of third-party websites is at your own risk.

Disclaimers & Limitation Of Liability

Disclaimer of Warranties:

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AND ALL RELATED COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GAMEANALYZE NOR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GAMEANALYZE ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU FOR USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Confidentiality

Both parties agree to treat any non-public business, technical, or financial information disclosed in connection with these Terms as confidential, and to use such information only for the purposes set forth herein.

Changes To These Terms

We may update these Terms from time to time to reflect changes in our Services or for other operational, legal, or regulatory reasons. If we make material changes, we will provide reasonable notice (e.g., via email or by posting a notice on our website). Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms.

Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Netherlands. The parties will attempt in good faith to resolve any dispute arising out of or relating to these Terms through informal negotiations. If the parties are unable to resolve the dispute within 30 days, either party may initiate mediation or arbitration proceedings. If mediation or arbitration is unsuccessful, the dispute may be submitted to the competent courts in the Netherlands.

Force Majeure

Neither we nor you will be held liable for any failure or delay in the performance of obligations under these Terms if such failure or delay arises from events beyond the reasonable control of the affected party, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, pandemics, epidemics, fires, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials. In the event of such an occurrence, the affected party will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the parties’ original intent, and the remaining provisions shall remain in full force and effect. The failure of either party to enforce any provision of these Terms shall not constitute a waiver of such provision.

These Terms constitute the entire agreement between you and GameAnalyze regarding your use of the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.

Contact Information

If you have questions about these Terms, including our AI practices, please contact us at:

Email: info@gamenalyze.com

Address: GameAnalyze B.V., Langegracht 70, 2312 NV, Leiden, the Netherlands

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.