Statscraft Terms of Supply

Summary

  1. Statscraft reserves the right to terminate your account at anytime with or without notice if you are abusing the platform.
  2. Though unlikely, We are not responsible for data losses in the event of downtime.
  3. You may not modify or redistribute the Statscraft plugin.
  4. You are the data controller in terms of data collected via the plugin. Data transferred to Statscraft is automatically pseudo-anonymised before storage.
  5. Statscraft reserves the right to change, limit, or revoke features of our services at any point.
  6. In the event of a chargeback your account will be terminated, and all data will be purged within 72 hours.

TEBEX TERMS AND CONDITIONS OF SUPPLY (“TERMS”)

This page (together with our Privacy Policy, and any other terms referred to on this page) gives you information about Tebex Limited t/a Statascraft (referred to within these Terms as “us”, “we”, “our”) and sets out the legal terms and conditions on which we may provide the following services to our analytics clients (referred to within these Terms as “you”, “your”):

(i) the provision of a licence to use our analytics software for Minecraft Servers (“Statscraft”);

(ii) the provision of different levels of functionality in Statscraft; and

(collectively, the “Services”).

These Terms apply to any Contract (as defined at clause 9) formed between us relating to your purchase of a subscription plan for the Services (“Plan”) regardless of the level of Plan that you purchase. The nature and extent of the Services that we provide to you will depend upon the level of Plan that you purchase. You can find out more about the Plans that we offer, and the Services included with each Plan, on our website located at www.statscraft.net (our “site”).

Please read these Terms carefully and make sure that you understand them before purchasing a Plan. Please note that before you purchase a Plan, or obtain the benefit of the Services, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to purchase a Plan or obtain the benefit of the Services.

We may amend these Terms from time to time as set out in clause 10. Please check this page regularly to ensure that you are familiar with and understand the terms which will apply at that time.

These Terms were most recently updated on 23rd May 2018.

These Terms, and any Contract between us, are only in the English language.

1 Information about us

1.1 We are Tebex Limited t/a Statscraft, a company registered in England and Wales under company number 08129184 and with our registered office at 14 Park Row, Nottingham, England, NG1 6GR. Our VAT number is GB167189962. Our site, and Statscraft, are both operated by us.

1.2 You may contact us by e-mailing us at [email protected]. If you wish to give us formal notice of anything under these Terms, please see clause 16.

2 Access to Statscraft and the Services

2.1 In consideration of you paying our fees in accordance with these Terms, you may obtain the benefit of the Services during the Plan Period (defined in clause 2.2 below).

2.2 Your Plan will start on the date on which you sign up for the Plan on our site (“Start Date”) and, subject to earlier termination in accordance with these Terms, will continue until you cancel your Plan, or change to another Plan, in accordance with these Terms (“Plan Period”).

2.3 We may refuse to accept any order by you to purchase a Plan at any time at our discretion.

2.4 We may suspend or cancel your Plan at any time at our discretion. Except where we suspend or cancel your Plan as a consequence of your breach of these Terms (in which case no refund will be given), if you have paid a Plan Fee that relates to a period of time which extends beyond the date of suspension or cancellation, we will refund to you a pro-rata proportion of the Plan Fee in respect of each day paid for, but for which you have not received the benefit of the Services.

3 Fees payable by you

3.1 The monthly fee and any additional fees (if applicable) for your Plan shall be as set out on the pricing page of our site located at www.statscraft.net/pricing (“the Plan Fees”). Please note that some of our Plans provide that your Plan Fees may vary depending upon the number of events generated by Your Server (as defined at clause 11).

3.2 We take all reasonable care to ensure that the Plan Fees are correct but will notify you if we become aware that we have made a mistake on our site or in any other communication to you.

3.3 We may change the Plan Fees from time to time by updating our site and by notifying you by email and, subject to clause 3.5, these changes will take effect from your next Billing Date (as defined at clause 4.2).

3.4 The Plan Fees, unless otherwise indicated on the site, excludes any sales or other local tax which shall, if applicable, be payable by you in addition at the rate from time to time in force.

3.5 If we notify you of a mistake (as referred to in clause 3.1), or change our Plan Fees (as referred to in clause 3.3), and you no longer wish to proceed with your Plan, you may cancel your Plan in accordance with clause 5.3 below.

4 How to pay for your Plan

4.1 You can only pay the Plan Fees using the payment methods listed on our site. Where your Plan Fees require the payment of recurring monthly payments, we may require that you pay using a recurring payment method provided by third party payment providers such as PayPal. Details of such services are available on our site.

4.2 The Plan Fees (if applicable) are payable monthly in advance with the first payment being payable on the Start Date and each subsequent payment being payable on, or on the date immediately preceding (in cases where it is not possible to process your payment on the same date) the same date of each subsequent month during the Plan Period thereafter (the “Billing Date”). Your payment for the Plan Fees will be processed automatically on the Billing Date using the payment details that you provide to us from time to time and we will confirm to you by e-mail that this has happened.

4.3 Transactions made through our site will be in Pounds Sterling. If you wish to pay with any other currency, the exchange rate and any additional transaction charges will be controlled and applied by the issuing bank and not us. We will not be liable for any additional charges incurred in respect of this.

5 Your Plan and how to cancel or make changes to it

5.1 We offer a number of different Plans and the Services that we provide to you will depend upon the level of Plan that you purchase. A brief summary of the key features of each Plan, and the Plan Fees applicable to each Plan, can be viewed on the pricing page of our site located at www.statscraft.net/pricing.

5.2 We may from time to time, at our discretion, offer Plans to you that are free of charge, or provide you with the benefit of certain ‘paid for’ Plans on a trial basis free of charge (“Free Service”). We may withdraw any Free Service at any time at our discretion. We do not offer any warranties (whether express or implied) to you in relation to any Free Services.

5.3 If you wish to change your Plan (either to upgrade or downgrade to another Plan), or cancel your Plan, you may do so at any time through accessing your account on our site or by sending us a written request by e-mail. We will aim to respond to any such request, and notify you by email that we have processed your requested change or cancellation, within 48 hours. Clause 5.4 below sets out applicable terms in relation to your Plan Fees in the event that you wish to change or cancel your Plan.

5.4 Where you change your Plan (either to upgrade or downgrade to another Plan) or cancel your Plan by following the procedure set out in clause 5.3 above, the following shall terms shall apply in respect of the Plan Fees paid or payable by you:

5.4.1 where you upgrade your Plan from a Free Service, then your new Plan will take effect from the date on which you sign up for your new Plan and pay the Plan Fees, and this date shall be deemed to be the Start Date for your Plan and will be the date by reference to which your Billing Date will be determined;

5.4.2 where you upgrade your Plan from one ‘paid for’ Plan to another (for example from our ‘Community’ Plan to our ‘Established’ Plan), your Billing Date will not change, but you will be charged a pro-rata amount which reflects the difference between the Plan Fees applicable to your new Plan less the Plan Fees already paid by you for your existing Plan in respect of the period from the date on which you upgraded your Plan until your next Billing Date;

5.4.3 where you downgrade your Plan, either from one ‘paid for’ Plan to another or from a ‘paid for’ Plan to a Free Service, the change in your Plan shall take effect from your next Billing Date and no refund shall be given in respect of any Plan Fees already paid by you prior to the date of the change;

5.4.4 where you cancel your Plan, your cancellation shall take effect from your next Billing Date but no refund shall be given in respect of any Plan Fees already paid by you prior to the date of cancellation.

6 How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

7 Processing customer data

Background

7.1 This clause 7 sets out how you and we will process personal information of your customers visiting and using Your Server (as defined at clause 11).

Definitions

7.2 In this clause 7:

7.2.1Controller”, “Data Subject”, “Personal Data”, “Processor” and “processing” shall have the respective meanings given to them in applicable Data Protection Laws from time to time (and related expressions, including “process”, “processing”, “processed” and “processes” shall be construed accordingly) and “international organisation” and “Personal Data Breach” shall have the respective meanings given to them in the GDPR;

7.2.2Data Protection Laws” means any applicable law relating to the processing, privacy and use of Personal Data, as binding on either party or the Services, including:

(a) the Directive 95/46/EC (Data Protection Directive) and/or Data Protection Act 1998 or the GDPR;

(b) any laws which implement any such laws;

(c) any laws that replace, extend, re-enact, consolidate or amend any of the foregoing; and

(d) all guidance, guidelines, codes of practice and codes of conduct issued by any relevant supervisory authority relating to such Data Protection Laws (in each case whether or not legally binding);

7.2.3GDPR” means the General Data Protection Regulation (EU) 2016/679;

7.2.4Protected Data” means Personal Data received from us or someone on our behalf in connection with the performance of your obligations under these Terms and/or the Contract;

7.2.5Sub-Processor” means any agent, subcontractor or other third party (excluding its employees) engaged by you for carrying out any processing activities on your behalf in respect of the Protected Data; and

7.2.6supervisory authority” means any regulator, authority or body responsible for administering Data Protection Laws.

Compliance with Data Protection Laws

7.3 The parties agree that you are a Controller for the purposes of processing Protected Data pursuant to these Terms, and/or the Contract. You shall, at all times be responsible for compliance with all Data Protection Laws in connection with the processing of Protected Data in connection with the operation of Your Server and shall not by any act or omission cause us (or any other person) to be in breach of any of the Data Protection Laws. Nothing in these Terms and/or the Contract relieves you of any responsibilities or liabilities you have under Data Protection Laws. In order to simplify the process in terms of data collected via Statscraft, the only form of personally identifiable information (PII) collected by Statscraft is a player's IP address. These IP addresses are then automatically pseudo-anonymised while being gathered by the system prior to storage, to ensure that no PII is held within the Statscraft platform.

7.4 You shall indemnify us, and keep us indemnified, against:

7.4.1 all losses, claims, damages, liabilities, fines, interest, penalties, costs, charges, sanctions, expenses, compensation paid to Data Subjects (including compensation to protect goodwill and ex gratia payments), demands and legal and other professional costs (calculated on a full indemnity basis and in each case whether or not arising from any investigation by, or imposed by, a supervisory authority) arising out of or in connection with any breach by you of your obligations under this clause 7; and

7.4.2 all amounts paid or payable by us to a third party which would not have been paid or payable if your breach of this clause 7 had not occurred.

8 Authority and applicable terms

8.1 To be eligible to purchase a Plan, you must (i) have full legal capacity to enter into a contract in your country of residence; and (ii) if you are an individual, be at least 18 years old; and you further represent and warrant to us that you have authority to bind any business on whose behalf you use our site or purchase a Plan to access the Services.

8.2 Where you do not meet the requirements set out in clause 8.1 above you will need to ask a person who does satisfy those requirements to purchase the Plan on your behalf and enter into a contract with us.

8.3 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

8.4 You acknowledge that in entering in purchasing a Plan you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, and/or the Contract, or any document expressly referred to in them.

8.5 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms, the Merchandise Terms and/or the Contract.

9 How the contract is formed between you and us

9.1 The instructions on our site will guide you through the process for purchasing a Plan. Please take the time to read and check the details of your Plan at each stage of the registration process.

9.2 After you purchase a Plan, you will receive a confirmation e-mail from us acknowledging that your Plan has been purchased at which point you and we will have entered into a contractual commitment (the “Contract”). Once you have received this e-mail, you will have the option to download an invoice from our site setting out the details of your Plan (“Invoice”).

10 Our right to vary these Terms

10.1 We may vary these Terms, and the Services that we offer in connection with any Plan, from time to time by publishing updated Terms and/or updated Plan descriptions on our site and/or by notifying you by e-mail. Please consider the section at the top of this page to see when these Terms were last updated.

10.2 If we revise these Terms as they apply to your Plan, and you do not agree to the changes, you may cancel your Plan in accordance with the clause 5.3 above.

11 Your account and use of the Services

11.1 Statscraft enables you to perform analytics using data collected from your servers(“Your Server”).

11.2 The content of Server (except for any content provided by us) is your sole and entire responsibility and all content you create is at your own risk.

11.5 At all times when using the Services and operating Your Server, you must comply fully with the terms of the game in question.

11.6 You must treat your account details, including your username and password, as confidential, and not disclose them to any third party other than those approved users who have access to your ‘Team Account’, or those employees or members of your business who have your authority to access your account on our site or Your Server.

11.7 If you know or suspect that anyone other than a third party you have specifically authorised knows your user identification code or password, you must promptly notify us at [email protected].

11.8 You are responsible for any activities that occur under your account and on Your Server. We shall not be liable to you or any third party for any loss or damage which may arise as a result of any failure by you to keep your password or account confidential.

11.9 Our site and Statscraft may only be used for lawful purposes. You are prohibited from violating or attempting to violate the security of our site or Statscraft or using it to obtain products or services not properly ordered and fully paid for.

11.10 You may not interrupt or attempt to interrupt the operation of our site or Statscraft in any way or send unsolicited email messages (“Spam”) to, or through, our site or Statscraft, or otherwise harass the site owner, provider, or other users.

12 Our provision of the Services

12.1 We will make reasonable efforts to keep the Services operational at all times. Technical difficulties may result in temporary interruptions to the Services.

12.2 No interruptions to the Services shall entitle you to a refund of any payment already made by you or any compensation for revenue lost.

12.3 We are under no obligation to provide any content for the Services and reserve the right to upload, remove, vary or otherwise deal with any content provided on our site from time to time.

13 Licence and intellectual property

13.1 All intellectual property rights, and all other rights including goodwill, whether now known or created in the future, in our site, the Services and the content we provide to you is our property and shall vest in us.

13.2 In consideration for the Plan Fees we grant you a limited, non-exclusive, revocable licence to use, view, access, download, or print content provided through the Services for use by you for the sole purpose of analysing Your Server during the Plan Period (“Licence”). When you use, transmit, download or print any content, you must ensure that all copyright, trade mark and other proprietary notices comprised within that content are retained.

13.3 You shall not assign or sub-licence your rights under the Licence.

13.4 Where we provide you with access to open source software, you shall comply with the applicable terms in relation to such software.

13.5 Your Licence does not permit you to:

13.5.1 copy, adapt, reverse engineer, decompile or disassemble any of our source code;

13.5.2 copy, adapt or modify any of our trade marks;

13.5.3 use any of our trade marks other than as provided to you as part of the Services,

or authorise or assist anyone else to do so without our express prior written consent.

14 Liability

14.1 Nothing in these Terms limits or excludes our liability for:

14.1.1 death or personal injury caused by our negligence; or

14.1.2 fraud or fraudulent misrepresentation; or

14.1.3 any other loss or liability which may not be excluded or limited by law.

14.2 Subject to clause 14.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise howsoever arising for:

14.2.1 any loss of profits, sales, business, or revenue;

14.2.2 loss or corruption of data, information or software;

14.2.3 loss of business opportunity;

14.2.4 loss of anticipated savings;

14.2.5 loss of goodwill; or

14.2.6 any indirect or consequential loss.

14.3 Subject to clause 14.1, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise howsoever arising, shall in no circumstances exceed 100% of the total Plan Fees paid by you in the 12-month period prior to the date on which the act or omission giving rise to the liability occurred.

14.4 You shall remain solely responsible for compliance with your own legal duties and obligations, including (but without limitation) in respect of the content of Your Server (except to the extent we have provided this content to you) and the provision of your services to your own customers. Subject to clause 14.1, we shall not be liable to you or any of your customers for any loss or liability arising out of any failure by you to comply with the terms of any agreement between you and any of your customers, or for your failure to comply with any other legal duties or obligations relating to your use or operation of Your Server.

14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the content provided through the Services is suitable for your purposes.

15 Indemnity

15.1 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:

15.1.1 your breach or negligent performance or non-performance of any of these Terms;

15.1.2 any claim made against us for the actual or alleged infringement of any third party intellectual property rights arising out of or in connection with: your use of the Services; any content on Your Server (other than content provided by us); any decisions arising from data provided via Statscraft; and

15.1.3 any claim made against us by any third party arising out of or in connection with the digital content, goods or services supplied by you through Your Server.

16 Communications between us

16.1 When we say "in writing", this includes e-mail.

16.2 Any notice or other communication given by you to us, or by us to you, under or in connection with these Terms needs to be in writing and can be delivered personally, sent by registered post or airmail, or sent by email. We will contact you at the address or e-mail address you provide when registering.

16.3 Where you are sending us a notice or communication, please deliver this to us personally at, or send it by registered post or airmail to:

Tebex Limited

14 Park Row

Nottingham

England

NG1 6GR

or send it by e-mail to [email protected].

16.4 A notice or other communication will be assumed to be received:

16.4.1 if it was delivered personally, on the date it was left at our address above;

16.4.2 if it was sent by registered post or airmail at 9.00 am on the fifth working day after it was posted; or

16.4.3 if it was sent by e-mail, one working day after it was sent.

16.5 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16.6 This section will not apply to any documents or proceedings served on us in any legal action.

17 Confidential information

17.1 Any non-personal information or material, except for financial information, sent to us will be deemed NOT to be confidential. By sending us any non-personal information or material, you give us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless:

17.1.1 you give us permission to do so;

17.1.2 we first notify you that the materials or other information you submit to a particular part of our site will be published or otherwise used with your name on it; or

17.1.3 we are required to do so by law.

18 Other sites

18.1 When you visit or purchase from a website affiliated with us or linked to our site, you use the other site at your own risk and that site’s terms and conditions of use and privacy policy will apply. We have not examined the content of any other website, and are not responsible for the actions, products, services, or content of any such other site or its related businesses.

19 Other important terms

19.1 We may transfer our rights and obligations under our Contract with you to another organisation, but this will not affect your rights or our obligations under these Terms.

19.2 You may only transfer your rights or your obligations under our Contract with you if to another person if we agree in writing.

19.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

19.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.6 Any Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

19.7 We both agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).