Megabit Early Access and Embargo Agreement

Please read this Early Access and Embargo Agreement ("Agreement") carefully and in its entirety. This is a legal agreement between You and Aonic UK Ltd dba Megabit Publishing (“Megabit”). Megabit may supply or provide access to pre-release versions of its games (each a “Game”) and this Agreement governs your involvement and participation in early access to any such Game (“Early Access”).

You and Megabit may be jointly referred to as the “parties” or individually as a “party”.

Background

The purpose of this Agreement is to set out the terms and conditions under which You shall participate in the Early Access.

IT IS AGREED THAT:

1. Definitions

In this Agreement:

“Confidential Information” means any and all information, in any form or medium, disclosed to You, whether before or after the date of this Agreement, that is identified as confidential or that, by its nature, would reasonably be considered confidential. Confidential Information includes, without limitation:

• the Game (including its release platform(s), potential release date or release window, characters, weapons, costumes, storyline, worlds, themes, art, assets, code, gameplay, functionality, controls, player movement, music, sounds, names, titles, branding, logos and user interface);
• information relating to the development, marketing, distribution, or publishing of the Game;
• any documentation or materials relating to the Game or the Early Access; and
• any business, technical, financial, operational, marketing, or other information relating to Megabit’s products, services, personnel, or operations.

“Feedback” means your input, comments, feedback, thoughts, questions, ideas, improvements, recommendations, suggestions, survey responses and other information provided by You (in any form or medium provided) in connection with the Early Access;

“Privacy Notice” means the Privacy Notice in the Schedule to this Agreement.

“Sign-Up Form” means the sign-up form completed by You prior to being granted access to the Early Access, which sets out the Embargo Lift Date applicable to your participation.

2. Conditions

To participate in Early Access, You must be at least 18 years old.

You must comply at all times with any community guidelines or code of conduct governing player behaviour as supplied and updated by Megabit from time to time.

3. Licence

Megabit shall provide You with access to the Game ahead of its release for the purpose of evaluation, content creation, and coverage, subject to the Embargo Lift Date identified in the Sign-Up Form. Megabit hereby grants to You a limited, non-exclusive, non-transferable, revocable right and licence to download, install and use the Game for your personal, non-commercial use only on compatible devices owned by You and strictly for the purpose of the Early Access.

All intellectual property rights in the Game and any and all Confidential Information disclosed to You as part of the Early Access shall remain and vest in Megabit or its licensors.

During the Early Access, Megabit may modify the Game and related content and services automatically and without notice. Modifications may cause loss of data or content and loss of function or utility. You hereby authorise us to make all such modifications and agree that, to the extent permitted by applicable law, Megabit are not liable for any loss of data, content, function or utility.

4. Confidentiality

The Confidential Information is strictly confidential and proprietary to Megabit. You must maintain the Confidential Information in the strictest confidence and must not disclose it to any third party. Any keys/codes or passwords that provide access to the Game are personal to You and must not be shared with anyone.

You agree not to copy, distribute (in any physical or digital format), publish, display, disseminate, release, or otherwise disclose Confidential Information. This includes permitting or granting access to third parties to play the Game.

Until the Embargo Lift Date identified in the Sign-Up Form has passed, You must not:

• create any derivative materials from the Game, including streaming, recording or sharing videos, images or audio of the Game;
• disclose your participation in this Early Access; and
• disclose your Feedback or your experiences of the Game to anyone not participating in or involved with the Early Access or the Game’s development.

For the avoidance of doubt, this prohibition includes posting or sharing information anonymously on online forums.

UNAUTHORISED DISCLOSURE OF ANY CONFIDENTIAL INFORMATION IS AN IRREMEDIABLE BREACH OF THIS AGREEMENT AND MAY RESULT IN SIGNIFICANT FINANCIAL HARM TO MEGABIT. MEGABIT SHALL HAVE THE RIGHT TO SEEK AN INJUNCTION TO PREVENT THE UNAUTHORISED DISCLOSURE OF ANY CONFIDENTIAL INFORMATION. ANY INJUNCTION SHALL BE A REMEDY IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER REMEDIES AVAILABLE TO MEGABIT UNDER THIS AGREEMENT OR AT LAW WHICH ARE INCLUDING, BUT ARE NOT LIMITED TO, PAYMENT OF (I) DAMAGES OR AN ACCOUNT OF PROFITS, AND (II) MEGABIT’S LEGAL COSTS.

5. Feedback

You may provide Feedback to Megabit. You are solely responsible for the Feedback You provide and You confirm that such Feedback is your own original work. You hereby grant Megabit an exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable license (including the right to sublicense) to use, copy, modify, distribute, and otherwise exploit the Feedback in any manner Megabit chooses, without obligation to You.

6. Data

You agree that Megabit and its affiliates are permitted to use and process certain information relating to You, your device and usage of the Game as part of the Early Access as detailed in the Privacy Notice in the Schedule to this Agreement.

7. Termination

Megabit reserves the right to suspend or cancel the Early Access in its entirety or your access to the Game or your involvement in the Early Access at any time in Megabit’s absolute discretion.

Following completion of the Early Access or termination of your involvement in the Early Access, all rights granted to You under clause 3 of this Agreement shall immediately cease.

8. Miscellaneous provisions

By clicking the tick box confirming acceptance of this Agreement, You are deemed to have accepted and agreed to be bound by its terms.

If any term (or part of a term) of this Agreement is invalid, illegal or unenforceable, the rest of the Agreement will continue in force unaffected. The affected provision shall be changed and interpreted so as to best accomplish the original commercial objectives of it within the limits of the applicable law or court decision.

This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).

SCHEDULE: PRIVACY NOTICE

What is this Privacy Notice about?

This notice explains how Megabit collects and processes your personal data, as a controller, relating to users (individually referred to as a “User” and collectively referred to as “Users”) during your participation in an Early Access. References to “You” and “your” shall mean an individual User.

Unless defined in this Privacy Notice, all defined terms shall have the same meaning given to them in the Early Access and Embargo Agreement.

Please note, this Privacy Notice may refer to websites or services not operated by Megabit. You should refer to the privacy notices on those websites and services to understand how they process personal data.

What data does Megabit collect and for what purpose? 

The data Megabit processes and/or collects from and about Users varies depending on what is required for the Early Access. Where Megabit collects and uses personal data, Megabit does so only where Megabit has a lawful reason to use that data for a particular purpose.

• Sign Up Information

To register to participate in the Early Access, a User may provide via the Sign-Up Form (such as Survey Monkey, Google Forms or Monday.com) the following information to Megabit:

• name
• email address
• account IDs
• geographical region
• social media account name/handle (for example, Discord)
• any other personal information submitted

Megabit processes this data because it is in Megabit’s legitimate interests to:

• assess a User’s suitability for the Early Access
• invite participants to take part in the Early Access
• communicate important information about the Early Access
• authenticate Users and provide access to the Game

• Data Required for Online Multiplayer Games Only

Where Users participate in the Early Access of an online multiplayer Game, Megabit will collect and process only the personal data necessary to operate and provide access to the Game. This may include:

• account and login information such as username, email address, or other identifiers required to authenticate and maintain access to a Game
• connection and technical data such as IP addresses, device type, operating system, and network connection details needed to establish and maintain multiplayer sessions
• player communications such as in-Game chat or voice communications to enable multiplayer interaction and ensure a safe and fair play environment

Megabit processes this data on the basis that it is necessary for the performance of this Early Access and Embargo Agreement, in order to:

• authenticate Users and provide access to the Game
• establish, maintain, and secure online connections between Users
• enable in-Game communications and interactions with Users
• monitor and enforce compliance with any community guidelines or code of conduct governing player behaviour

• Gameplay Analytics

To improve, test, and monitor the quality and delivery of the Game and to identify and correct any problems in the Game (such as bugs or problems preventing access to or full performance of the Game), Megabit may collect the following data from Users:

• in-game actions and events (for example, levels completed, items collected, game progress)
• session data (for example, start and end times, time spent in menus or levels)
• performance data (for example, frame rates, loading times, crash reports)
• device and system information (for example, operating system, hardware specifications, screen resolution)
• participant ID or pseudonymised identifier
• country in which they are playing the Game

Megabit only processes this data where Users have consented to do so when prompted on first start-up/boot-up of the Game. Consent can be withdrawn at any time, by using the settings within the Game or by contacting vop@megabit-publishing.com.

• Surveys

As part of the Early Access, Users may be invited to complete a survey about their experience of the Game and the Early Access. This survey will be completed via a third party platform or website (such as Discord, SurveyMonkey or GoTestify) and may include questions about your opinions, preferences, and feedback on gameplay, game mechanics, graphics, and other elements of the game, as well as your experience of the early access process. Megabit uses your survey data to:

• evaluate and improve the game and its features
• assess and improve the early access process
• produce aggregated and anonymised reports for internal development purposes

Users responses to surveys are processed under our legitimate interests to improve the Game and early access experience.

• Support

If a User contacts us during the Early Access to request support (for example, to report a technical issue, ask a question, or request help accessing the Game), Megabit will collect a User’s name, email address and any other information provided by a User when they contact Megabit for support regarding the Early Access. Megabit will use the support request information to:

• respond to and resolve your request or query
• diagnose and fix technical issues
• maintain records of issues reported during the Early Access

Megabit processes this data as it is in our legitimate interest to ensure that Megabit can appropriately respond to your query.

How long does Megabit keep your personal data for?

Megabit shall only store and retain the data for as long as necessary for the purposes outlined above and until it is no longer required for by Megabit.

Megabit may need to keep personal data for longer if required by law, if Megabit is required to keep such data, Megabit will ensure that it is secure, and your rights set out below can still be exercised where possible.

Who does Megabit share your personal data with?

Megabit may share or disclose your personal data with third parties as set out below:

• Developers of the Game: Some of the information collected during the Early Access such as gameplay analytics, survey responses, and support requests may be shared with the Game’s development team to help improve the Game. Megabit shares your personal data in this way as it is in our legitimate interest to improve and market the Game.
• Service Providers: Megabit may engage vendors, agents, service providers, and others to operate the Early Access for Users. In providing their services, they may access, receive, maintain or otherwise process personal data (or anonymised data) on our behalf. Megabit shares this personal data so that the service providers can assist us allow Users to participate in the Early Access. Our contracts with these service providers do not permit use of your personal data for their own marketing and other purposes.
• Affiliates and group members: Megabit may disclose your personal data to other members of our corporate group or affiliates in order to assist us to develop and improve the Game, conduct analytics and market the Game. Megabit shares your personal data in this way as it is in our legitimate interest to improve and market the Game. Our group and affiliate companies are subject to this Privacy Notice when they use your personal data.
• Investments, mergers, acquisitions or disposals: If Megabit is undergoing investment, merger, acquisition or sale of our organisation or assets, personal data may be shared as required in the pursuit of the legitimate interests of us, our shareholders, customers and other parties to such a transaction, unless such disclosure is not necessary or those interests are outweighed by prejudicial impacts upon You.
• Law enforcement, tax or government authorities or tribunals: Megabit may disclose personal data to meet requests from regulatory, prosecuting, law enforcement, tax or government authorities or tribunals. Megabit may make these disclosures to meet legal obligations or to exercise our legal rights, or to prevent crime and fraud.

For the avoidance of doubt, Megabit does not sell your personal data to third parties.

Data Transfers

Where Megabit uses data processors outside the UK and European Economic Area and transfer personal data to a country which does not provide an adequate level of protection, Megabit ensures the personal data receives additional protection as required by law. To keep this notice short and easy to understand we haven’t set out specific circumstances. For more information about the measures we use, please contact us at: vop@megabit-publishing.com

How to request deletion of your data

All users can request their data be deleted at any time by emailing vop@megabit-publishing.com.

Your Rights

In addition to your right to request deletion of your data, Users may have various other rights under applicable data protection laws, including the right to:

• access your personal data (also known as a “subject access request”);
• correct incomplete or inaccurate data Megabit holds about You;
• ask us to restrict our handling of your personal data;
• ask us to transfer your personal data to a third party;
• object to how Megabit is using your personal data; and
• withdraw your consent to us handling your personal data.

If You would like to exercise any of the above rights, You may reach out to Megabit via the contact email listed in the ‘How to contact us’ section of this notice.

Data protection law can be complicated, and these rights may not always be available to You all of the time.

You also have the right to lodge a complaint. If we can’t resolve your issue, You can also get in touch with the Information Commissioner's Office, the supervisory authority for data protection issues in the UK. If You are based outside of the UK but in the EU, You can find your relevant supervisory authority here.

How to contact us 

If You have any questions concerning this notice, including how You can exercise your rights, please contact us at: vop@megabit-publishing.com

When making a request related to your data subject rights (such as when withdrawing consent or a deletion request) please include the nature of the request in the subject line of the email in order to enable us to act promptly on the request.