If you accept and comply with the terms of this Agreement, TABLETOPIA will grant and you will receive a non-sublicensable and non-exclusive license to use the TABLETOPIA.APP platform, the Service and Games subject to the “License Limitations”, set forth in Section 3 below, as follows:
You may install the TABLETOPIA.APP Client on one or more computers under your legitimate control to access and use the Service.
You may use the Service, TABLETOPIA.APP Client, and Games for your personal, non-commercial, and commercial purposes during the term of this Agreement, unless otherwise the agreement is terminated as set forth in this Agreement.
You may not transfer your rights and obligations to use the Service or Games.

You agree that you will not, in whole or in part or under any circumstances, do the following:
3.1. Derivative Works: Copy or reproduce, translate, reverse, engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the TABLETOPIA.APP Client, Service, or Games;
3.2. Cheating: Create, use, offer, advertise, make available and/or distribute the following or assist therein:
hacks; i.e. accessing or modifying the software of a Game or the Service in a manner, not expressly authorized by TABLETOPIA; and/or
bots; i.e. any code and/or software, not expressly authorized by TABLETOPIA, that allows the automated control of a Game, the Service and/or any component or feature thereof, e.g. the automated control of a character in a Game;
cheats; i.e. methods, not expressly authorized by TABLETOPIA, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
any code and/or software, not expressly authorized by TABLETOPIA, that can be used in connection with the TABLETOPIA.APP client, the Service, a Game and/or any component or feature thereof which changes and/or facilitates the gameplay.
3.3. Data “Mining”: Use third-party software that intercepts, collects, reads, or “mines” information generated or stored by the TABLETOPIA.APP Client, Service or the Game(s); provided, however, that TABLETOPIA may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
3.4. “Duplicated Items”: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Service or the Game(s).
3.5. Unauthorized Matchmaking: Host, provide or develop matchmaking services for the Game(s) or intercept, emulate or redirect the communication protocols used by TABLETOPIA in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by TABLETOPIA), or as part of content aggregation networks;
3.6. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Service or the Game(s) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (ii) any connection using third-party programs or tools not expressly authorized by TABLETOPIA;
3.7. Disruption: Disrupt or assist in the disruption of (i) any computer used to support the Service or any Game environment; or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

4.1. You retain the right to resell events created within the White Label Account. This includes but is not limited to internal and external business seminars, training events, social engagement, bespoke training, and education events.
4.2 You will refrain from subcontracting or reselling the white label account and/or individual user accounts under any circumstances unless prior agreement has been made and you have received and signed a reseller license document. Without this agreement in place subcontracting or reselling will result in immediate white label account cancellation and void any contractual agreement with TABLETOPIA.
4.3 In the event of cancellation under clause 4.2 no refunds will be issued under any circumstances.

5.1. Educational and/or Business events: In order to support learning and business development activities, TABLETOPIA hereby grants you a limited, revocable license and right to organize and host events, or a series of events utilizing published Games (any game within our public library).
5.2 Internal Games: For any game created for internal use (in either education or business purposes) TABLETOPIA hereby grants you a right to organize and host events, or a series of events utilizing internal Games (any game within our public library).
5.3 Additional Payment: In accordance with your subscription minimum monthly costs, which are inclusive of an agreed concurrent use figure (exact figure determined by your Sales Manager, or Tabletopia Representative). Additional payment will be required if that concurrent use figure is exceeded. TABLETOPIA reserves the right to determine excessive regularity and will discuss openly to resolve.

6.1. TABLETOPIA is the owner or licensee of all right, title, and interest in and to the TABLETOPIA.APP Client, the TABLETOPIA.APP Application, the Service, Accounts, and all of the features thereof. The Service or the Games may contain materials licensed by third-parties to TABLETOPIA, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following, without limitation, are owned or licensed by TABLETOPIA:
All virtual content appearing within the Service or the Published Games, such as:
Visual Components: artwork, structural design, animations, and audio-visual effects;
Narrations: Themes, concepts, stories, and storylines;
Characters: The names, likenesses, inventories, and catch phrases of Game characters;
All data and communications generated by, occurring through, the Service or the Games.
All sounds, musical compositions and recordings, and sound effects originating in the Service or the Games;
All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;
Computer Code, including but not limited to “Applets” and source code;
Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Service or the Games.

7.1. If you provide TABLETOPIA with any feedback or suggestions about TABLETOPIA, the Service and Games, or any TABLETOPIA products or services, TABLETOPIA is free to use the feedback or suggestions however it chooses, without any obligation to account to you.
7.2. TABLETOPIA is not obligated to use, distribute, or continue to distribute copies of any Workshop Contribution and reserves the right, but not the obligation, to restrict or remove Workshop Contributions for any reason.

WHEN RUNNING, the TABLETOPIA.APP Client and/or A GAME MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE TABLETOPIA.APP Client and/or GAME. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 3 ABOVE. IN THE EVENT THAT THE TABLETOPIA.APP Client and/or TABLETOPIA.APP Software and/or GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE TABLETOPIA.APP Client and/or TABLETOPIA.APP Software and/or GAME MAY COMMUNICATE INFORMATION BACK TO TABLETOPIA, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (B) TABLETOPIA MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO YOU.

FOR RESIDENTS OF THE EUROPEAN UNION THE WARRANTIES APPLY AS PER APPLICABLE STATUTARY LAW. FOR ANY RESIDENTS OUTSIDE THE EUROPEAN UNION THE FOLLOWING APPLIES: THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TABLETOPIA DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

If you are a resident of Australia, the benefits provided to you by this Limited Warranty are in addition to other rights or remedies you may have under local laws related to the goods to which the warranty applies. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The provisions of this clause containing the Limited Warranty and the clause containing the Limitation of Liability and Indemnity below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth). The entitlement to a replacement or a refund for a major failure is not subject to TABLETOPIA’s option.

FOR RESIDENTS OF THE EUROPEAN UNION THE WARRANTIES APPLY AS PER APPLICABLE STATUTARY LAW. FOR ANY RESIDENTS OUTSIDE THE EUROPEAN UNION THE FOLLOWING APPLIES: THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TABLETOPIA DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.1. TABLETOPIA is liable in accordance with statutory law (i) in case of intentional breach, (ii) in case of gross negligence, (iii) for damages arising as result of any injury to life, limb or health or (iv) under any applicable product liability act. Gross negligence refers to an action or omission of significant carelessness, demonstrating a clear disregard of one’s basic duties.
10.2. B Without limiting the foregoing, you agree and acknowledge that TABLETOPIA is only liable for slight negligence in case of a breach of a material contractual obligation. Material contractual obligation means any obligation (i) which is necessary for the fulfilment of the Agreement, (ii) the breach of which would jeopardize the purpose of the Agreement and (iii) the compliance with which one may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages. Slight negligence means any negligence which is not gross negligence.

You agree to indemnify, defend and hold TABLETOPIA harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of this Agreement, or any Game-specific Terms of Use, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

TABLETOPIA may, from time to time, change or modify this Agreement as the Service, the Games, and the law evolves. In this case TABLETOPIA will notify you of any such changes or modifications by providing special notice. If you do not object to the amended Agreement within one (1) month following the special notice, your continued use of the Service will mean that you accept the amended Agreement. With the special notice TABLETOPIA will remind you that your continued use after the expiration of one (1) month following the special notice means that you accept any and all changes. Those changes or modifications will not affect essential characteristics of the service.

13.1. Term
This Agreement is effective upon your creation of a White Label Account or up to 15 days after the end of the trial period, and shall remain in effect until for the duration of the active account. In the event that TABLETOPIA chooses to cease providing the Service or a Game, or license to a third party the right to provide the Service, TABLETOPIA shall provide you with no less than three (3) months prior notice.

13.2. Termination
You are entitled to terminate this for any legitimate reason as may be specified by applicable law or relevant court decision, subject to prior written notice by mail to the following address: support@tabletopia.com
If you fail to comply with any terms contained in this Agreement and/or the In-Game Policies, TABLETOPIA will provide you with a warning of your non-compliance. In case of a serious violation of this Agreement or the In-Game Policies, TABLETOPIA will be entitled to immediately terminate this Agreement and the Service without any prior warning.
In the event of any termination of this Agreement, your right to access and play Games will be revoked.

This Agreement shall be governed by and construed in accordance with the laws of California, United States of America.

15.1. Assignment. TABLETOPIA may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent, as long as the assignment does not reduce your rights under this Agreement. You may not assign this Agreement without TABLETOPIA’s prior written consent, and any unauthorized assignment by you shall be null and void.
15.2. Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
15.3. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
15.4. No Waiver. Our failure to enforce any provision of the Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
15.5. Force Majeure. TABLETOPIA shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of TABLETOPIA, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods or accidents.
15.6. Equitable Remedies. You hereby agree that TABLETOPIA would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

16.1. If to TABLETOPIA. All notices given by you under this Agreement shall be in writing and addressed to: Tabletopia Corp. 850 New Burton Road, Suite 201 DOVER, DELAWARE 19904.
16.2. If to You. All notices given by TABLETOPIA under this Agreement shall be given to you either through written notice, email, or website blog post.

17.1. If the Customer is not satisfied with the white label product the Customer can request a refund for yearly purchases only. To be eligible for a full reimbursement the Customer must request a refund within 15 calendar days of their first invoice payment.
17.2. After the 15-day period the Customer will no longer be eligible to request a refund. TABLETOPIA encourages all customers to test the service in its entirety within the first free trial month to ensure it is fit for purpose. If the customer is reselling training or education spaces to external clients, is the Customers responsibility to ensure the client’s suitability for platform use.

18.1. Tabletopia does not own the intellectual property, game, or game assets created by you, the customer and/or client, for use within your games. By uploading your intellectual property, game, or game assets you are granting Tabletopia licence to use and distribute your intellectual property, game, and game assets for use within the Tabletopia ecosystem.

What is the GDPR?
The General Data Protection Regulation (GDPR) is a new European privacy law that goes into effect on May 25, 2018. The GDPR will replace the EU Data Protection Directive and will apply a single data protection law throughout the EU.
Data protection laws govern the way that businesses collect, use, and share personal data about individuals. Among other things, they require businesses to process an individual’s personal data fairly and lawfully, allow individuals to exercise legal rights in respect of their personal data (for example, to access, correct or delete their personal data), and ensure appropriate security protections are put in place to protect the personal data they process.
We have taken steps to ensure that we are compliant with the GDPR as of May 25, 2018.
What is the Tabletopia role under GDPR?
We act as a data controller under GDPR for the EU customer information we collect to provide our services and to provide timely customer support. This customer information may include things such as customer name, contact and billing information.
What personal data does Tabletopia collect?
We store data that customers have given us voluntarily. For example we collect and store contact information, such as name and email address, when customers sign up for our products and services or seek support help. We may also collect other identifying information from our customers, such as IP addresses.
For further details on the information we collect, please review our Privacy Policy.

How do I remove my personal data?
To exercise your Right to Erasure or desire to Opt-out, you can delete your Tabletopia account at any time. This will remove our record of your email address, name, and all other personal data including all of your games and objects associated with the account. This action is immediate and not reversible.
To delete your user account log into your Administration panel, search or find the user account, and ‘Revoke Access’.
How do I remove all information relating to my white label account?
To exercise your Right to Erasure or desire to Opt-out, you can delete your Tabletopia white label account at any time. This will remove all email addresses, names, and all other personal data relating to all user accounts contained within your white label account.
To delete your white label account contact support@tabletopia.com stating clearly: white label account name white label account URL; the full name of your white label representative; and the exact date on which you’d like to delete the white label account.
This can only be actioned if received from the Administrator of your white label account and only after a manual email response confirmation from Tabletopia.