Escape Game for Microsoft Teams – Terms of use

READ CAREFULLY BEFORE YOU INSTALL OR USE THIS APPLICATION: these terms of use are a legal agreement between You, the End User, and XYLOS (the Terms). By clicking the I agree button, accessing, installing, downloading or otherwise using the Application, You agree to be bound by the Terms. If You do not agree to these Terms, then You are not allowed to access, download or otherwise use the Application and XYLOS does not license the Application to You. In such event, End User shall not access, use or copy the Application, and End User should promptly contact XYLOS for instructions concerning the return of the Application.

Definitions

The following definitions shall apply in these Terms regardless of whether they are used in their plural or singular form:

Administrator
means the individual appointed by Your organization who is authorized to buy Game Credits and shall act as a single point of contact to XYLOS.

Application
means the Escape Room App application designed and developed by XYLOS and made available to You pursuant to these Terms. The Application is a software platform build on the Microsoft Teams application which End Users within an Organization can download and play Games together with other Participants.

Documentation
means any user guides that XYLOS might make available to You in connection with the Application.

End User
or You means the individual accessing and/or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Game
means an in-app game that can be played by the End User in exchange for Game Credits;

Game Credits
means the in-app credits purchased by your Organization through the Administrator allowing You to play Games in the Application;

Intellectual Property Rights
means patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in goodwill, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all existing and future rights, capable of present assignment, applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

Organization
means the legal entity for which You are employed (or have any professional link) and that has entered into a legal agreement with XYLOS for the purchase of Game Credits;

Participant
means an End User participating in a game through the Application;

Terms
means these terms of use, as may be amended from time to time by XYLOS;

XYLOS
means Xylos NV located at Noorderlaan 139, B-2030 Antwerp, Belgium registered at the Crossroads Bank of Enterprises with number 0877.360.743;

SCOPE

These Terms are applicable to the use of the Application by any End User. For the avoidance of doubt, the purchase of Game Credits shall be governed by a sperate legal agreement between XYLOS and your Organization;

LICENSE GRANT

Subject to the Terms, XYLOS grants You a revocable, non-exclusive, non-transferable, limited license (without the right to sub-license) to download, install and use the Application strictly in accordance with these Terms and any accompanying written Documentation. This license is granted to You solely for personal, non-commercial and internal purposes;

OWNERSHIP OF THE APPLICATION

The Application is licensed, not sold, to You by XYLOS for use in accordance with these Terms;

The Application and all Intellectual Property Rights vested therein are the sole and exclusive property of XYLOS and/or its licensors and are protected by the applicable copyrights and other applicable rights in accordance with local, national and international legislation. XYLOS and/or its licensors do not grant any other rights to the Application than granted pursuant to these Terms;

The End User shall not cause or permit the modification, disassembly, decomplications or reverse engineering of the Application and shall not remove, alter or obscure any proprietary notice (including any notice of copyright and trademark);

Use of the application

Games and Game Credits

Within the Application, End User has the possibility to play Games together with other Participants within Your Organization;

While downloading the Application is free of charge, accessing and playing Games shall only be possible if and to the extent your Administrator has purchased sufficient Game Credits for your Organization. Every time You start a Game, You acknowledge that Game Credits equal to the amount indicated for the relevant Game will be debited from Your Organization’s in-app account. By starting a Game, you warrant that you have been authorized to do so by your Administrator and/or Organization. Under no circumstances shall XYLOS refund Game Credits for Games that have been started by End Users without permission of the relevant Administrator and/or Organization;

For more information about Games and Game Credits, please contact your Administrator

End User Content

While playing Games in the Application Participants can communicate and share content with other Participants (such as typing messages, drafting documents or any other form of communication; End User Content). XYLOS is not responsible for any End User Content that is shared by End Users via the Application. In particular, End Users are not permitted to store or transmit any data or content that is harassing, libelous, threatening, obscene, indecent, would violate intellectual property rights of any party or is otherwise unlawful under any applicable law or regulation. You acknowledge and agree that You are solely responsible for any End User Content you publish while using the Application in any form;

End User Obligations

While using the Application, End Users are obliged to:

  • comply with any applicable local, national or international regulations;
  • behaving respectfully towards other Participants while playing Games;
  • refrain from using language (in particular, but not limited to, while chatting with other Participants or when posting reviews) that can be regarded as disrespectful, insulting, defamatory, threatening, obscene, racist, sexual or in any other way as offensive;
  • The End User shall at all times comply with the applicable Microsoft terms and conditions;

Use Restrictions

The following actions may not be performed by the End User directly or indirectly:

  • using the Application to perform or promote illegal activities;
  • using the Application to distribute any form of spam or unwanted commercial and non-commercial information;
  • registering as another person or trying to access an account from another person;
  • violating privacy and data protection rights of other Participants or trying to collect personal data of other Participants either manually or automatically by using a ‘robot’, ‘spider’, ‘crawler’, search or retrieval applications, or by using any other (automatic) tools, processes or methods to access the Application and any data or information;
  • hindering or disturbing the Application, the servers or networks hosting the Application;
  • impersonating as another person or entity, or distributing fake information via the Application (directly and/or indirectly);

Deletion of End User Content

After a Game has ended, the Application will delete any End User Content that has been created during the Game. Do not share or store any valuable documents or information that may not be deleted in the Application. Please make sure to copy any information You wish to retain before ending a Game. XYLOS disclaims any and all liability for loss of documents, information or data that has been shared or created in using the Application. Please contact Your Administrator for more information;

Support and availability

XYLOS does not provide maintenance and support services directly to the End User. Please contact your Administrator if you encounter issues while using the Application;

XYLOS shall make commercially reasonable efforts to ensure a continued availability of the Application. However, XYLOS does not guarantee that the Application shall be accessible or available at any time, any place or on any End User device. If you encounter issues in accessing the Application or have questions about availability, please contact your Administrator;

Modifications to the application

XYLOS reserves the right to make any modifications, adaptations, corrections or any other alterations the Application (including but not limited to adding or removing certain functionalities) at any time and without notice;

XYLOS shall not be held liable for any loss or damage arising out of aforementioned modifications;

Warranties

THE APPLICATION IS MADE AVAILABLE TO YOU AS IS. XYLOS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE APPLICATION AND THE ACCOMPANYING WRITTEN DOCUMENTATION;

Limitation of liability

THE END USER ACKNOWLEDGES THAT TO THE EXTEND PERMITTED BY LAW, XYLOS SHALL NOT BE LIABLE TO THE END USER FOR ANY DAMAGE INCURRED DUE TO THE USE OF THE APPLICATION;

Privacy and data protection

During the use of the Application we collect and process personal data of You and other Participants. To learn more about our use of personal data, please read our Privacy Policy (or click here);

Change of terms

XYLOS reserves the right to change these Terms. Any change will be notified thirty (30) days prior to entering into force. In the event any change of these Terms is needed to comply with relevant law, XYLOS reserves the right to immediately enforce the amended Terms without prior notice;

By accessing or otherwise using the Application after the Terms have been changed in accordance with this clause, the End User understands and agrees to be bound by the amended Terms. If You do not agree with any of the amended Terms, You will have no right to access and use the Application;

Microsoft

The Application is built upon and can only work in conjunction with the Microsoft Teams platform. You and/or your Organization (as applicable) are solely responsible to obtain sufficient licenses from Microsoft to use Microsoft Teams. You acknowledge that XYLOS cannot be held responsible for Microsoft Teams or any effect it may have on the Application;

The End User agrees that while playing Games, the Application shall make a specific Microsoft Teams site within Microsoft Teams which shall be deleted after every Game;

In using the Application, the End User shall at any time act in accordance with any applicable terms and conditions of Microsoft;
Please contact your Administrator is you have any questions about Microsoft Teams and the applicable terms and conditions of Microsoft;

Termination

XYLOS reserves the right to immediately terminate or suspend your access to the Application if You do not comply with these Terms or the applicable Microsoft terms;

In the event the agreement entered into between XYLOS and your Organization terminates or expires, XYLOS reserves the right to terminate or suspend your access to the Application;

Choice of law and forum

These Terms are governed by the Laws of Belgium, without regard to its choice of law provisions. All disputes concerning the validity, interpretation, enforcement and termination of these Terms will be subject to the exclusive jurisdiction of the courts of the Antwerp (Belgium), Antwerp department;

Check here our Escape Game for Microsoft Teams and what it can mean for your organization and your people.

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