User Agreement and Privacy Policy

User Agreement

Effective Date: 04/30/2024

This User Agreement ("Agreement") is a binding contract between you ("User" or "you") and Game Arts Entertainment ("Company," "we," "us," or "our"). This Agreement governs your use of our [Game Name] mobile application ("App") available on iOS and Android platforms.

1. Acceptance of Terms

By downloading, installing, or using the App, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not use the App.

2. Description of Service

The App is a game that utilizes your device's camera and microphone to enable gesture and voice control features for gameplay. The use of these features enhances the interactive experience provided by the App.

3. Privacy and Data Usage

  • Camera and Microphone Access: In order to provide the gesture and voice control features, the App requires access to your device’s camera and microphone. These permissions are used exclusively to capture gestures and voice commands necessary for gameplay and are not used for any other purposes.

  • Local Processing: To ensure your privacy, all data captured by the microphone and camera is processed locally on your device. No audio or video data is transmitted to external servers or stored in the cloud. Similarly, this data is not retained on your device after processing is complete.

  • Data Minimization: The App adheres to the principle of data minimization by not collecting, storing, or processing any personal data beyond what is necessary for the functionality of the App.

  • Use of Device Identifiers: The App utilizes device identifiers solely to enhance functionality and improve user experience (see privacy policy below)

3a). Privacy Policy

Who This Privacy Policy Applies To:

This Privacy Policy applies to you if you use our services by playing our game on any platform, including mobile devices via Google Play or the App Store.

What Personal Data Do We Collect?

We collect personal data from you in the following categories:

  • Data for Access Management: This includes your email address and full name. This data is also collected if you connect through your social network account.

  • Customization Data: Such as your display name and avatar.

  • Data About Your Game Progress: This includes levels achieved and scores.

  • Data About Your Preferences: For example, settings such as sound on or off.

  • Data About Individual Payments in Our Games: Information related to purchases made within our in-game shop, such as buying a no-ads feature.

  • Personally Identifiable Data: Includes data such as your name that can directly identify you.

Sensitive Data:

We do not collect sensitive data, which includes special categories of personal data such as your racial or ethnic origin, health, or political opinions as defined under the GDPR.

Data From Children:

If you are under the age of 16, you must obtain consent from your parent or guardian to use our games. Parents or guardians can exercise all applicable rights under this Data Policy on behalf of their children.

Purpose of Data Processing:

We process your personal data in compliance with relevant data protection regulations. We only process data where:

  • Legal Permission: We have obtained your consent.

  • Contractual and Online Services: Processing is necessary to provide our services as agreed upon under our terms of service.

  • Legal Obligation: Processing is required to comply with legal obligations.

  • Legitimate Interests: Processing is necessary for our legitimate interests, such as analyzing and optimizing our service and ensuring its security.

Legal Basis for Processing:

  • Consent: Art. 6 (1) (a) and Art. 7 of the GDPR.

  • Performance of Services and Contractual Measures: Art. 6 (1) (b) of the GDPR.

  • Legal Obligations: Art. 6 (1) (c) of the GDPR.

  • Legitimate Interests: Art. 6 (1) (f) of the GDPR, which includes interests in marketing, advertising, and enhancing service functionality.

Localization:

Your country and language information are used to localize content in your preferred language and display prices in the local currency in our in-game shop.

4. User Responsibilities

  • Permissions: You must grant the necessary permissions for camera and microphone access to fully utilize the App. You can manage these permissions through your device’s settings menu.

  • Appropriate Use: You agree to use the App only for its intended purpose and in compliance with applicable laws and regulations.

5. Intellectual Property

All rights, title, and interest in and to the App, including but not limited to copyright, trademarks, and any other intellectual property rights, are owned by Game Arts Entertainment.

6. Limitation of Liability

To the fullest extent permitted by law, Game Arts Entertainment shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your access to or use of or inability to access or use the App; (b) any conduct or content of any third party on the App.

7. Changes to This Agreement

We reserve the right to modify this Agreement at any time. You will be notified of any changes through the App or via email. Your continued use of the App after such notice constitutes your consent to the changes.

8. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach this Agreement.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction/State/Country], without regard to its conflict of law provisions.

10. Contact Information

If you have any questions about this Agreement, please contact us at vrg@gesturegamearts.com.

11. Payments and invoices

If you want to buy in-game no ads service in our in-game shop, your interaction will usually be with third-party payment processors. In either case, if a payment was successful, we get this information as a digital invoice, which we store to fulfill legal requirements (Article 6.1.c GDPR), to retain them in the case of legal dispute (legitimate interest; Article 6.1.f GDPR), and to optimize our web presence for you (legitimate interest; Article 6.1.f GDPR).

These invoices contain data on what item you purchased, how much you paid for the item and what method you used to pay us with. We do not store information that could be used to make a payment on your behalf.

12. Security and Hacking

  • Security Commitment: Game Arts Entertainment takes the security of its App very seriously and implements reasonable measures to protect the integrity and security of your device. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect the App, we cannot guarantee its absolute security.

  • Limitation of Liability: In no event will Game Arts Entertainment be liable for any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, nor for any errors, viruses, trojan horses, or the like which may be transmitted to or through our App by any third party.

  • User Responsibility: You acknowledge that you are solely responsible for securing your device and backing up any data. Game Arts Entertainment is not liable for any loss or damage arising from the hacking of your device or the unauthorized use of the App.

  • Indemnification: You agree to defend, indemnify, and hold harmless Game Arts Entertainment and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the App, by you or any person using your account and password, or b) a breach of these terms.

12a.) Security and fraud prevention:

  • Legitimate interest; Article 6.1.f GDPR: We don't store data such as your IP address and certain device information when you access our games and interact with those.

  • Optimization of games and campaigns (Legitimate interest; Article 6.1.f GDPR): We don't track information about your behavior and preferences. Over the course of campaign optimization, we share some of this data with third-party trackers (listed below in partners privacy policies).

13. Partners Privacy Policies

By using the App, you acknowledge that you have read this Agreement and agree to be bound by its terms.