BUSINESS AND

LICENCING TERMS

GAMES 4 THERAPY Ltd., Reg. No. 066 17 808, Šaldova 549/8, Židenice, 615 00 Brno, Czech Republic Registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert No. 103223, Company ID: 06617808

1. INTRODUCTION

Valid terms and conditions.

Thank you for using the products of GAMES 4 THERAPY Ltd., Company ID 066 17 808, Šaldova 549/8, Židenice, 615 00 Brno, Czech Republic (hereinafter referred to as G4T).

The use of the computer software and applications available on the G4T website www.games4therapy.com  is subject to these business and licensing terms. Both of these documents are collectively referred to as “Terms and Conditions”.

2. USE OF G4T SITES AND SOFTWARE

Access to and use of content.

On the G4T website, users can browse, search, or download content (software – demo and full versions, images, texts) to computers or tablets or other mobile devices (hereinafter referred to as the device).

To use this content, the user will need a device that meets system requirements and compatibility for the relevant content, Internet access and compatible software. The availability of content and features varies from country to country. Not all content and features may be available in a specific user’s country. Some content may be available to share with members of the user’s family, some content is protected by license terms and may not be shared. G4T products are not and under no circumstances can they be provided by third parties.

Restrictions on the use of certain products.

Certain G4T products are subject to specific restrictions based on the psychological and psychotherapeutic training achieved by the registered users of products. Restrictions are specifically stated in the license agreements for each product and are required when registering a user. 

Age restrictions.

G4T products are subject to age restrictions. If a user is considered a minor in his or her country, they need a parent or legal guardian to purchase and use the G4T products and to accept the conditions. The age restriction is, among other things, specified by the requirement of a completed university education at the time of registering the user.

Fees to third parties.

The user is solely responsible for all access charges or for data that may be charged by third parties (such as an ISP or a mobile operator) in connection with the use of G4T products.

User Information.

The G4T Privacy Policy explains how, when using G4T services, it treats personal data and protects the privacy of users. More information can be found in the section “Personal data processing”.

Unauthorized access to accounts

Account information must be kept safe for your own sake and not shared with anyone.

Blocked accounts

If G4T, in accordance with these terms and conditions, blocks the user from accessing the account (for example, if the terms of the registration are violated), the user may be prevented from accessing the content and applications that are on the website. For more information, see the license terms.

Changes to these conditions.

If the license terms change, the user will be notified of the change at least 30 days in advance, and the new terms will begin to apply after the expiration of this period. If the user continues to use the G4T products after the expiration of this period, it will be considered as accepting the new terms. The new terms will apply to the use of all content (including the content that the user has installed or purchased in the past) and any subsequent installations or purchases. If a user does not agree with the changes, he or she may use the downloaded content for as long as their licenses are paid, and then may request to cancel the registration and delete all data at info@games4therapy.com and stop using the G4T content and products. A copy of the content on the user’s devices will continue to be displayed to the user in accordance with the latest version of the terms and conditions they have accepted.

3. PURCHASES AND PAYMENTS

Free content.

G4T may allow you to download, view, or use the content for free. Restrictions may apply to access and use the free content. More information can be found in section 6 of these Disclaimer.

Paid content.

The Purchase Agreement for the requested and ordered product through the G4T website is closed with G4T from the date the user receives an e-mail with an order confirmation.

G4T will allow the user to properly use the ordered product within seven days of receiving the payment on their account. The reason is manual processing of orders and payments by G4T.

Payment processing methods.

To facilitate the purchase of the product on the G4T website, G4T offers various payment processing methods. The user is required to comply with all applicable contractual terms and other legal agreements governing the method of payment processing. G4T may add and withdraw payment processing methods at its own discretion. The payer/user bears full responsibility for paying the full amount for the purchase made on the G4T website.

To purchase content and products, G4T offers these types of payments:

• Payment by transfer to Account No: 2801428401/2010 (Fio Bank) with a variable symbol, which is the invoice number. This is an account for a payment in EUR. Additional account details are: IBAN: CZ3120100000002801428401 BIC / SWIFT: FIOBCZPPXXX
• Payment by transfer to Account No .: 2201333206/2010 (Fio Bank) with a variable symbol that is the invoice number. This is an account for payment in CZK. Additional account details are: IBAN: CZ1720100000002201333206 BIC / SWIFT: FIOBCZPPXXX

Pricing

The price and availability of any content offered on www.games4therapy.com may change at any time prior to the sale. The current price published on the G4T website is always valid, not the valid price at the time of user registration.

Taxes

“Taxes” mean any fees, duties, levies and taxes (other than income tax) associated with the sale of content, including related fines and interest.

The user is fully responsible for paying all taxes, for the product the user pays its full price without deducting any taxes. If G4T is required to collect and pay a tax, it charges this amount to the final price of the product.

The user is obliged to pay the tax in connection with the purchase and use of the G4T product in accordance with the jurisdiction of its registered office and is fully responsible for the payment of that eventual tax. 

Nonrefundable sales

Except as expressly stated below (Claims and Returns), the purchase of the G4T software is nonrefundable and final. Returning the payment and exchanging the product are not allowed. 

Removed and unavailable content.

Purchased or installed content is made available to the user for as long as their registration and license are valid. In certain circumstances (for example, if critical security issues or violations of applicable terms or legal regulations or other circumstances beyond G4T’s control occurs), G4T may stop giving access to its contents on the website or the possibility of extending the user license. In such termination of the access the user will be given a prior notice (if possible). If a user can not download a copy of the content (texts, images) before removing the content or access, G4T may offer them alternative content if technically possible. Provided that G4T provides a copy of the product or replacement content, these resources will be the sole remedies available to the user.

Alternative dispute resolution for consumers

G4T is not bound and is not required to resolve disputes through an ADR entity. 

The right to withdraw from the contract

According to legal regulations, the user has an automatic legal right to withdraw from the purchase of digital content, including content on the G4T website. However, when purchasing the content at www.games4therapy.com, the user agrees that the content will be immediately available and confirms that he or she waives their automatic legal right to withdraw from the contract prior to providing the benefit.

The user is entitled to a refund for use of the license only in the case of a legitimate claim against the program.

The complaint may be filed at the G4T email address within the statutory time limits.

4.RIGHTS AND RESTRICTIONS

Content License.

Upon completion of the registration transaction or payment of the applicable content charges, the user has the exclusive right to store, display and use the relevant content, access it, display it, and for backup purposes make copies of it on their devices or other means permitted within the service only to the extent expressly permitted under these Terms and Related Principles.  All rights, entitlements and interests in the content offered on the G4T website, which are not expressly granted to you under the conditions, are reserved. The use of the application may be subject to other terms and conditions set forth in the following license agreement:

LICENSE TERMS FOR USING THE ARCHIPELAGO SOFTWARE

SOFTWARE

MINIMUM SOFTWARE REQUIREMENTS

1. The user is required to comply with the following conditions for running the software, even for any further upgrades:

OS: Windows Vista SP1 +, Mac OS X 10.9+

Graphics card with DX10 (shader model 4.0) capabilities.

CPU: SSE2 instruction set support

1. If the above conditions are not met, software functionality may be limited or compromised.
2. The Software Provider is not responsible for damages caused by a breach of the conditions for the proper operation of the Software.

COPYRIGHT

1. The copyrights for software conceptual material are protected through a license agreement between the authors and G4T.
2. The rightful owner of the software is the provider (G4T), who is authorized to distribute and sell the software on the basis of a contract with the authors and its own development and production.

SOFTWARE PROTECTION

1. All output, images, source codes, texts and sounds are protected in favor of the Provider.

LICENCE

I. BASIC PROVISION

1. The License provider G4T, hereinafter referred to as “Licensor”.
2. The license acquirer registered on the basis of the registration form on the G4T website, hereinafter referred to as the “Licensee”

II. LICENCE

1. The license is non-exclusive, it is provided to the user for free for the first 30 days after downloading the application and after paying the license fee the time period shall be extended for one year.
2. By the amount of the fee, the license shall be divided into:

– one end-user license

– multilicence

III. RIGHTS AND METHOD OF USE

1. One end-user license

The license is granted for the use of the Archipelago Software for the purchaser’s own needs in professional psychological or therapeutic work with children and without the possibility of its use by third parties or its distribution.

When registering, the end user confirms that he or she has completed a tertiary education (at least Master’s degree completed) and has undergone psychotherapeutic training for at least 200 hours (theory, practice, supervision).

Violation of any of these license agreement items is considered a gross violation of the terms of the license agreement.

2. Multilicence
The license is granted to employees, subordinates or colleagues of the Licensee in professional psychological or therapeutic work with children for the use of Archipelago software, without the possibility of its distribution. When registering, the licensee confirms that he or she has completed a tertiary education (at least a Master’s degree) and has undergone psychotherapeutic training of at least 200 hours (theory, practice, supervision). The Licensee is also responsible for the fact that only professionals with completed university education (at least a Master’s degree) and at least 200 hours of psychotherapeutic training (theory, practice, supervision) can work with the software. Multilicence has as many end users as are the number of purchased licenses.

Violation of any of these license agreement items is considered a gross violation of the terms of the license agreement.

IV. LICENSE SCOPE, USER REGISTRATION

1.Licenses shall be granted without territorial limitation.

2.License time limitation:

a) One month free of charge after registering the user

b) lifetime license after payment of the license fee

3.The end user has the right to purchase and use multiple licenses (e.g. when working with software on multiple devices).

4.Multilicence has as many end users as are the number of purchased licenses.

5.The user’s registration under this license agreement, and hence the validity of this license agreement, applies to the software provider indefinitely (except when terminated) regardless of whether or not the user purchases or does not purchase another license or purchases it later.

6.Granting of sublicenses is precluded.

7.Registration of the user / licensee:

When registering, we require verifiable and truthful information about your university and also psychotherapeutic education. We require psychotherapeutic training of at least 200h (theory, practice, supervision).

We require that you complete the training, we do not require an exam.

Registration itself takes place automatically if you complete all the required information. However, GAMES 4 THERAPY reserves the right to control data at random or at the initiative of third parties at any time during the term of the license.

The review is as follows: If we find any ambiguities or we find that the data is incorrect or we have been notified by third parties about incorrect data, we will try to contact you via email and remove or correct the errors in cooperation with you. If we fail to communicate with you within 30 (thirty) days by email, or if you will not be able to provide us with the information provided at registration within thirty (30) days, we have the right to cancel your registration and block you from purchasing an annual license for working with products intended only for registered users. This procedure is not automatic, we always deal with it personally. We apologize if you have any complications, but it is essential for us to protect the abuse of the program by persons without adequate education.

If you work in a country that allows you to register as psychotherapists, your registration number and your education are sufficient. In this case, enter the institution or association in which you are registered in the “Psychotherapy / counseling training” column and enter your registration number in the “Number of hours” column.

If you are in an association of psychologists or psychotherapists who already guarantee the academic and psychotherapeutic training of their members, it will be sufficient for us to confirm your membership in this organization. Your membership in this association is then considered sufficient information about you and your education. In this case, enter the institution or association to which you are a member in the box “Examined psychotherapeutic / counseling training” and in the “Number of hours” column enter the contact (preferably the link) on which your membership can be verified (e.g. publicly available list of association members, etc.).

V. FEES

PLC – Primary License Charge) is 0,-Kč 

1. Registration does not oblige a potential licensee to purchase the license, but does show agreement with the license and business terms.

2.When registering and agreeing to the license agreement, the user receives a 30-day license free of charge based (by downloading the Archipelago software).

The Perpetual License Charge (PELC) is always listed and updated on the website

1. The License will only be allocated or extended to the user after the Licensor receives the payment on their account. The user acknowledges that not until the payment is credited to the provider’s account, can the license be provided or extended.
2. The Licensor draws attention to the fact that a foreign payment may also have a longer lead time, and that the license cannot be extended before the payment on the account is paid.
3. The user may file a request for renewal of the license for a further period in writing (by e-mail) and by paying the fee. Even the separate payment of the fee is taken as an application for renewal of the license.

VI. PROVISIONS CONCERNING WITHDRAWAL FROM THE CONTRACT

1. The Licensor is entitled to withdraw from the License Agreement and remove the Licensee as a User if they discover that the user has reported false information or grossly violated the License Terms when registering. The user will be informed about the withdrawal of the contract in the form of an e-mail message.
2. Upon termination of the license due to non-payment for the next period, the software automatically blocks the possibility of using the license, including the already created profiles.
3. After blocking the license, the user will only have access to the images stored on their computer.
4. Software blocking is part of it.

VII. OTHER PROVISIONS

1. License terms apply to all software upgrades.
2. The license agreement is concluded on the day a user license is successfully registered on the software provider’s website.
3. Upon termination of registration, the validity of the license agreement expires and the user is not entitled to use the software further.
4. By registration the user confirms that they have become acquainted with and agree to the license agreement and terms of the software provider.

Violation of License Terms.

In the event of a breach of any of the license terms, the user’s rights resulting from the license will be immediately terminated, and G4T may terminate the user’s access to their content and products without returning the payment to the user.

5. LIMITATIONS

Content

Content cannot be displayed (in whole or in part) in any public exhibitions, presentations, seminars or conferences, even free of charge. Exceptions are when

(a) there is no breach of copyright or any other rights in such use and G4T will be explicitly and clearly stated in your presentation as a source or

(b) such use is expressly permitted by G4T.

No content, or product purchased or received for free on www.games4therapy.com may be sold, rented out, distributed, transmitted, transferred, handed over, modified, sublicensed or granted to a third party. This provision also applies to downloaded content (texts, images) that is received free of charge through www.games4therapy.com. Content may only be used by the user in accordance to the license terms.

Content may not be used by users in any service that is shared, borrowed, or used by multiple users, or for the purposes of any other institution, unless specifically permitted and then only and in exactly the way that is authorized and with G4T explicitly and approved in writing.

 Protection of security features and components.

The user may not attempt to bypass, disable, or overcome any of the security features and components that protect, hide or otherwise restrict access to the content available on www.games4therapy.com and may not assist or otherwise justify or encourage others to do so. 

Watermarks, logos, labels.

The user may not remove any watermarks, labels, or other legal notices or proprietary notices that are part of the content, and may not attempt to alter content acquired through the G4T site. This also applies to alterations to change or hide a label that indicates ownership or content sources.

5. DISCLAIMER OF LIABILITY

Protection of data generated when working with G4T software.

G4T has no remote access to data or any other creations that arise while working with G4T software (pictures, books, stored data). The user is fully responsible for the processing and protection of this data. In no event shall G4T be held responsible for any loss or damage to, or the sharing of, such data.

The G4T products and the information published on www.games4therapy.com serve as a tool for adult caregivers or for professionals working with children. The goal of G4T is to ensure that the information that appears on its pages and in the instructions for using the software is true and up-to-date.

If G4T is notified of errors, it will attempt to repair them, but it does not provide warranty for any purpose expressly or implicitly expressed as to the completeness, accuracy, reliability, suitability or availability of its products and services. The user can rely on this information only at their own risk and responsibility.

G4T is not responsible for any losses or damages, including direct and indirect loss or damage to any extent, or any loss or damage resulting from the loss of data or any other harm arising from the use of its software or information on its website.

G4T cannot guarantee and never guarantees the way a professional will be or use their childcare applications, because under no circumstances does G4T have this under their control. It is up to the parents to choose a reliable, educated and proven professional to work with their child or to work with the products designed for parents in accordance with the interests and needs of their children.

G4T does everything to make this site functional and hassle-free, but it does not assume any responsibility for the site if it is temporarily unavailable for technical reasons beyond its control.

7. FINAL PROVISIONS

Defective content.

Once the content has been made available to the user through the user’s account, he or she should review it as soon as possible and make sure it works as described. Any potential errors or problems should be relayed to the provider as soon as possible. For more information, see Rules for Returning Money.

Removed and unavailable content.

Purchased or installed content is made available to the user for as long as the registration and the license they purchased are valid and are subject to the following conditions.

In certain cases (for example, if critical security issues or violations of applicable terms or legal regulations occur), G4T may stop giving the user access to their content on the website or the possibility of extending the user license. The user will be notified (if possible) about such termination of access by the provider. If the user can not download a copy of the content (texts, images) before removing the content or access, G4T may offer them either

(a) replacement content, if possible, or

(b) total or partial refund of the content payment if the user loses access to the content he or she has paid for. If G4T returns a payment to the user, its return will be the only remedy for the user.

Multiple accounts.

If a user has multiple accounts registered on G4T sites under different user names, he or she may in some cases transfer content from one account to another, but only if they own both accounts and if G4T, at the request of the user, in that service allows the functions which such transmissions enabled.

Dangerous activity

None of the services or content is intended to be used in areas where the failure of the service or content could result in death, injury or serious physical or psychological harm or damage to the environment.