SyncArena

Welcome to SyncArena!

We understand that legal documents like these Terms and Conditions can sometimes seem very formal. But don’t worry – they are here to create a clear and fair basis for our cooperation. If you have any questions or need an individual solution, do not hesitate to contact us. We are here to excite customers in your arcade with SyncArena and create unforgettable moments of gameplay. We look forward to working with you!

 

1. Applicability and Scope

1. Introduction

These General Terms and Conditions (hereinafter „T&Cs“) govern the use of the „SyncArena“ software, provided by 2Sync (hereinafter „Provider“). These T&Cs are exclusively intended for business use by companies operating as arcade halls, VR entertainment providers, event organizers, or similar (hereinafter „Operators“).

2. Acceptance of T&Cs

By using the „SyncArena“ software or by creating a user account, the operator agrees to these T&Cs. The T&Cs form an integral part of all contracts concluded between the provider and the operator regarding the use of the software.

3. Changes to T&Cs

The provider reserves the right to change or supplement these T&Cs at any time. Changes become effective as soon as they are published on the provider’s website or communicated to operators in another way. Continued use of the software following such changes constitutes consent to the updated T&Cs.

4. Scope

These T&Cs apply exclusively to business relationships with companies, not consumers. A company within the meaning of these T&Cs is any natural or legal person or partnership with legal capacity acting in the exercise of their independent professional or commercial activity when concluding a legal transaction.

2. Operational and Legal Compliance

1. Operator Responsibility

The operators of „SyncArena“ are fully responsible for the operational management and compliance with all relevant legal regulations at their respective locations. This includes, in particular, adherence to data protection regulations, youth protection laws, and requirements for accessibility. The operator is obliged to use the software in a manner that complies with all applicable local, national, and international laws and regulations.

2. Anti-Corruption and Anti-Bribery Laws

The operator commits to complying with all relevant anti-corruption and anti-bribery laws in the respective jurisdiction, including but not limited to laws such as the Foreign Corrupt Practices Act (FCPA) in the USA. It is the responsibility of the operator to inform all persons and parties under its supervision about these requirements and to ensure their compliance.

3. Permits and Licenses

The operator must ensure that they have all necessary permits, permissions, and licenses required for operation. This includes, but is not limited to, licensing permits for the use of the software as well as all necessary operational and commercial licenses.

3. Documentation and Confidentiality

1. Property Rights

All documents, instructions, sketches, specifications, and other materials provided by 2Sync as part of the provision of the „SyncArena“ software remain the exclusive property of 2Sync. This includes all information contained in these documents and materials concerning the application, maintenance, or operation of the software.

2. Confidentiality

The provided documents and materials are to be treated confidentially. The operator may not reproduce these documents and materials, make them accessible to third parties, or use them on behalf of third parties without prior written consent from 2Sync. This does not include the communication thereof to the operator’s employees who are required or allowed to use such documents in the performance of their contractual obligations.

3. Enforcement of Confidentiality Obligations

It is the responsibility of the operator to appropriately enforce the aforementioned confidentiality obligations towards their employees. This includes ensuring that the employees access the documents and materials only to the extent necessary and exclusively for official purposes.

4. Registration and Account Management

1. Account Creation and Use

The use of the „SyncArena“ software requires the creation of an account by the operator. Each operator is only allowed to create and use a single account. Correct and complete information must be provided during registration. The account data, including the username and password, must be kept confidential and not be disclosed to third parties.

2. Binding of Credits to the Account

The credits purchased by the operator are exclusively bound to the operator’s account and cannot be transferred or divided between different accounts. The credits are thus person- or company-related and cannot be passed on to other users or operators.

3. Account Activation

After creating the account, activation by the provider is required before the software can be used. The decision to activate an account lies solely at the discretion of the provider. There is no entitlement to automatic activation. The provider reserves the right to refuse or withdraw the activation of an account, particularly in the case of suspected misuse, false statements, or violations of the T&Cs.

5. Payment Terms and Usage Model

1. Pre-Paid Model

The use of the „SyncArena“ software is based on a pre-paid model. Operators must purchase credits for their account in advance to make the software accessible to end customers. There is a possibility that the provider may offer free credits out of goodwill or as part of promotional activities, but there is no legal claim to this.

2. Purchase and Credit of Credits

Credits can be purchased via the platform provided by the provider using the payment methods offered by Stripe at the time of purchase. Once all required information is correctly (especially regarding the email address) entered in the purchase process, the credits will be immediately credited to the operator’s account. Should there be errors in the purchase process, the provider commits to rectifying these within 48 hours and crediting the credits to the account or finding an alternative solution.

3. Use of Credits

The purchased credits are used to activate gaming sessions for end customers. A credit is debited per game session and player, provided the session lasts longer than 3 minutes. Should a session be shorter than 3 minutes due to technical problems or individual decisions, no debit of credits will occur. If there are no credits on the operator’s account, no further game sessions can be started.

4. No Refund of Credits

Purchased and credited credits are not convertible into monetary values and are not refundable. The credits remain on the operator’s account and can be used for future game sessions.

5. Individual Agreements

If interested in individual agreements or special conditions, operators can contact the provider directly. The provider reserves the right to make specific arrangements on a case-by-case basis that may deviate from the standard conditions described here.

6. Intellectual Property Rights

1. Copyright and Property Rights

The „SyncArena“ software, including all related documents, materials, and content, is copyrighted and remains the exclusive property of 2Sync. This includes, but is not limited to, software, texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code.

2. License to Use

Operators receive a limited, revocable, non-exclusive, and non-transferable license to use the software exclusively within the defined terms of use. Operators are not permitted to copy, modify, create derivative works, decompile, or otherwise attempt to extract the source code of the software.

3. Trademarks and Trade Names

All trademarks, trade names, and logos used in connection with „SyncArena“ are registered or unregistered trademarks of 2Sync or third parties. No provision in these T&Cs grants operators the right to use such trademarks, trade names, or logos without prior written consent from the respective owner.

7. Privacy and Security

1. Collection and Use of Personal Data

The provider collects and uses personal data necessary for creating and managing user accounts, including arcade names and email addresses of operators. Names entered by players or operators for high scores, which do not have to be personal data, are also collected.

2. Storage and Protection of Data

All personal data are stored and processed on servers in Germany. The provider uses services from Google for data storage, ensuring the security and confidentiality of the data in accordance with applicable data protection laws. Appropriate technical and organizational measures are taken to protect the data from unauthorized access and misuse.

3. Disclosure of Data

The provider commits not to disclose personal data to third parties, unless necessary for payment processing (via Stripe) or for legal reasons. In such cases, the disclosure is limited to the necessary minimum.

4. Compliance with Data Protection Regulations

The provider commits to complying with all relevant data protection laws and regulations. Operators are informed that they are also obliged to comply with all applicable data protection laws in their use of the software, especially regarding the collection and processing of personal data of end customers.

8. Liability and Warranty

1. Disclaimer of Liability

The provider is not liable for indirect, incidental, consequential, or exemplary damages arising from or in connection with the use of the „SyncArena“ software, including, but not limited to, lost profits, business interruptions, or data loss, unless such damages result from gross negligence or intentional misconduct on the part of the provider.

2. Exclusion of Warranty

The software is provided „as is“ without warranty of any kind. The provider makes no warranties regarding the error-free operation, reliability, or suitability of the software for a particular purpose, unless there is an expressly agreed, written case of warranty.

3. Operator Duties and Responsibilities

The operators are solely responsible for the proper operation and compliance with all local regulations and laws related to their operation and use of the software. The provider is not liable for the operation of the software by the operators or for compliance with safety regulations or other legal provisions by the operators.

9. Termination and Contract Termination

1. Termination by the Operator

Operators can terminate their license to use the „SyncArena“ software at any time, subject to a notice period of 30 days to the end of the month. Termination must be in writing and becomes effective upon receipt by the provider. Already purchased credits will not be refunded upon termination and can be used until the end of the notice period.

2. Termination by the Provider

The provider reserves the right to terminate an operator’s license for good cause, especially in case of violations of these Terms and Conditions, legal provisions, or in case of payment default. Termination is made in writing and stating the reason for termination. The notice period here is also 30 days to the end of the month, unless a case justifying immediate termination exists.

3. Consequences of Termination

Upon effective termination, the operator is no longer entitled to use the software. All data related to the license may be deleted by the provider, provided there are no statutory retention obligations.

4. Continuation of Certain Obligations

Certain obligations, such as confidentiality and protection of intellectual property, remain in effect even after the termination of the contractual relationship and continue to be observed by the parties.

10. Changes to the Terms and Conditions

1. Right to Make Changes

The provider reserves the right to change or supplement these Terms and Conditions at any time. Changes may be necessary to meet new legal requirements, reflect changes in business practices, or accommodate technological developments.

2. Notification of Changes

Operators will be informed of significant changes to the Terms and Conditions before they become effective. Notification will be made via appropriate channels, such as email or an announcement on the provider’s website.

3. Acceptance of the Amended Terms and Conditions

Continued use of the „SyncArena“ software after the changes come into effect is considered consent to the updated Terms and Conditions. If an operator does not accept the amended Terms and Conditions, their sole and exclusive remedy is to discontinue use of the software and terminate the contract.

4. Availability of the Current Terms and Conditions

The most current version of the Terms and Conditions is available on the provider’s website. It is the responsibility of the operators to regularly inform themselves about changes and consult the latest version of the Terms and Conditions.

11. Final Provisions

1. Applicable Law

These Terms and Conditions and all contracts based on them are governed by the law of the country where the provider is headquartered. Any disputes arising from or in connection with these Terms and Conditions will be decided according to the law of this country.

2. Jurisdiction

For all disputes arising from or in connection with the Terms and Conditions or their interpretation, the court at the provider’s headquarters has exclusive jurisdiction.

3. Severability Clause

Should a provision of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, an effective and enforceable regulation shall apply that comes closest to what the contracting parties economically intended.

4. Completeness of the Agreement

These Terms and Conditions represent the entire agreement between the provider and the operators and replace all prior oral or written agreements. Amendments or supplements to these Terms and Conditions require the written form.