Terms and Conditions
Article 1. ACCEPTANCE OF THE TERMS
Welcome to Dungeon Alchemist, an AI-powered fantasy game mapmaking software (SaaS) that enables the user (Hereinafter: “User”) to make high-quality content (hereinafter: “Software”).
In order to access or use the Software, the User will have to create an account on the platform(s) store.steampowered.com.
Article 2. RIGHTS OF USE
Article 3. PRICES AND PAYMENT
In order to obtain access to and use the Software, the User will need to make a payment of the fee as indicated on store.steampowered.com.
Article 4. RESTRICTED USE
If the User however qualifies as a legal entity (in the broadest sense) and uses the Software for commercial purposes, the current License cannot / no longer be used if the User (or its affiliates in the broadest sense) generate(s) an annual turnover of more than 100,000.00 USD (hereinafter “Professional”).
In this case, the Professional will need to contact Briganti (at firstname.lastname@example.org) from the moment this turnover is generated during any financial year and such in order to obtain a customized professional license for its activities.
If a User qualifies as a Professional and continues to use the License, Briganti can unilaterally terminate this Agreement (as set out in 9.1).
The User furthermore agrees and acknowledges that Briganti has the right to contact a User if Briganti has reasons to believe that the User qualifies as a Professional and that Briganti has the right to request from such User any and all reasonable financial information to verify (“right to audit”) whether the User qualifies as a Professional. In case a User fails to comply with such request, Briganti can unilaterally terminate this Agreement (as set out in 9.1).
4.2. Next to the restrictions in set out in Article 4.1, the User hereby acknowledges, that the following use of the Software is not allowed:
- Circumvent, disable or otherwise interfere with the technical security measures;
- Reverse engineer, decompile or disassemble, decrypt or attempt to derive the source code of, of the Software, or any components thereof.
- Interfere or attempt to interfere with the integrity or proper working of the Software;
- Remove or alter Briganti’s or any third party’s identification, watermark, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part the Software;
- Use the trademarks or any other intellectual property rights of Briganti without our prior written consent;
- Use the Software to copy works from other users/third parties without their prior written consent.
- Use the Software to develop a competing service or product;
- Use the Software to create content/works that infringes any intellectual property rights (sensu lato) of Briganti or any other third party.
- Use the Software to create content that is contrary to public order and good morals (for ex. Racism, homophobia, etc.)
Article 5. DISCLAIMER OF WARRANTIES
5.1. Briganti will make all reasonable efforts to ensure the availability of the Software and/or the features that were purchased and to minimize the risk of any inaccuracies, interruptions or malfunctions.
5.2. Notwithstanding the aforementioned, the User uses the Software at its own risk. The Software is provided on an “as is” basis. To the fullest extent permitted by law, Briganti and its affiliates expressly disclaim all warranties of any kind, whether express or implied, with respect to the specified Software (including but not limited to the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement).
5.3. Briganti makes no warranties or representations about the accuracy or completeness of the Software, the information, the text, graphics, links or other items available on or through the website linked to the Software
5.4. Briganti may make changes to the Software, or to the products described therein, at any time without prior notice. Briganti makes no commitment to update the Software;
Article 6. LIABILITY
6.1. The liability of Briganti, its affiliates, its or their officers, employees, directors, shareholders, subsidiaries, or agents shall - at all times - be limited to the mandatory liability under the law taking into account the factual circumstances.
6.2. Briganti assumes no liability or responsibility for any (a) errors, mistakes or inaccuracies of content or confidentiality; (b) personal injury or property damage, of any nature whatsoever, resulting from the access to the use of the Software of Briganti; (c) any unauthorized access to or use of the servers of Briganti and/or any and all personal information and/or financial information stored therein (including any and all User submissions); (d) any interruption or cessation of transmission to or from the Software of Briganti; (e) the content created by the User using the Software (f) any bugs, viruses, Trojan horses, etc. which may be transmitted to or through the Software, website or any other product of Briganti by any third party; and/or g any infringement by its Users of the intellectual property rights of third parties and/or other Users (h) for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the Software of Briganti, unless in the event of a serious or deliberate error attributed to Briganti with regard to the fulfilment of its obligations;
6.3. The liability of Briganti shall in any case be limited to direct damage arising from the shortcomings and be subject to a maximum liability to the amount of the invoice and/or the amount that the insurance company of Briganti will pay out in such case, whichever is the lowest.
6.4. Under no circumstances shall Briganti be liable for indirect or consequential damages (including, but not limited to damages for loss of revenue, profits, goodwill, use, data or other intangible losses).
6.5. The User is solely responsible and liable for the content that he/she creates using the Software. The User shall indemnify and hold Briganti harmless for any and all claims from third parties regarding any content created by the User.
Article 7. FORCE MAJEURE AND HARDSHIP
7.1. In case of force majeure or unforeseen circumstances (Hereinafter: “Force Majeure”), Briganti shall, after notifying the User, have the right to cancel all or part of any obligations or to suspend their performance, without being liable for any compensation.
7.2. Without being exhaustive, the following circumstances will be construed as cases of Force Majeure (and/or hardship): Technical problems encountered due to cyberattacks, strikes, lock-outs, acts of war, riots, fire, orders, regulations or instructions from any governmental or administrative authority, errors or delays attributable to third parties, pandemics and/or epidemics.
Article 8. INTELLECTUAL PROPERTY
8.1. Unless otherwise agreed in writing, all intellectual property rights, including, copyrights, patent rights, trademarks, designs, know-how, concepts, images, drawings, (test) models, brands, logo’s, software, etc. that are provided, whether registered or not, are the property of Briganti (hereinafter: “Intellectual Property Rights”).
All information, oral or written, provided by Briganti to the User shall remain the property of Briganti, and the User may only use the information for the purpose for which it was provided. The User shall not provide the information received from Briganti to third parties, in any manner whatsoever, except insofar as may be reasonably necessary, and if so, only after and insofar as an obligation of confidentiality has been agreed.
8.3. The User must abide by all copyright notices, trademark notices, information, and restrictions contained in or associated with any content on the website or mobile application of Briganti. The User agrees to not remove, alter, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Software, website or mobile application of Briganti or any digital rights management mechanism, device, or other content protection or access control measure associated with the Software of Briganti.
Article 9. TERMINATION
9.1. Briganti reserves the right, in its sole discretion, to unilaterally terminate a User’s right to use (and license concerning) the Software with immediate effect in case:
- Misuse or deception by the User of the Software as stated in Article 4
- Briganti discovers that the User qualifies as a Professional as stated in Article 4.1 and continues to use the License or fails to provide the financial information requested by Briganti;
- And for any other reason Briganti would (at its sole discretion) consider to be in her interest (e.g. to avoid any reputational or other damages);
The User recognizes that in case of termination by Briganti he has no right to any indemnification.
Article 10. CHANGES
If the modifications are material, reasonable efforts will be made to notify the User of the material modifications.
Article 11. HELPDESK
If the User encounters any difficulties using the Software, the User can contact the helpdesk via email@example.com.
Article 12. MISCELLEANEOUS
12.1. If one or more provisions are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of this Agreement shall not be affected and shall continue in full force and effect. In such event, the Parties shall in good faith amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision in such a way as to reflect insofar as possible the purpose of the invalid, illegal or unenforceable provision(s).
12.2. All disputes concerning this Agreement shall be governed by Belgian law. The courts of Antwerp (Belgium) shall have exclusive competence over said disputes.
Date last revision: 14 October 2021