Playtest Confidentiality Agreement (NDA)

This agreement keeps the unreleased parts of Project Avion confidential during the closed alpha.

1. Parties and purpose

1.1. This agreement is between Ivyture OÜ (registry code 17609633, Uus-Maleva tn 6-57, 11711 Tallinn, Estonia, support@ivyture.com) ("Ivyture") and you, the tester named in the signature record of this agreement ("you").

1.2. Ivyture gives you access to unreleased versions of Project Avion and to related information so that you can take part in its closed alpha playtest (the "Playtest"), on the Project Avion Playtest Terms (the "Terms"). That is the only purpose for which you may use Confidential Information (the "Purpose").

2. Confidential Information

2.1. "Confidential Information" means all information that is not public and that you receive or observe in connection with the Playtest, in any form, including:

• the Playtest Software as defined in the Terms, including builds, the launcher, invite and licence keys and licence files;
• the game's content, gameplay, features, mechanics, maps, assets, performance, bugs and technical details;
• screenshots, video and audio recordings of the Playtest Software;
• our communications with you, test plans, roadmap, release timing and business information;
• the identities of other testers and their creations shared in the Playtest.

2.2. Information is not Confidential Information to the extent you can show that it:

• is or becomes public without a breach of this agreement, including because Ivyture has published it (for example on ivyture.com, in trailers or on the game's store page);
• was lawfully known to you, without a duty of confidentiality, before you received it in connection with the Playtest;
• was lawfully received by you from a third party without a duty of confidentiality; or
• was developed by you independently, without using Confidential Information.

3. Your obligations

3.1. You must:

• keep Confidential Information strictly confidential and not disclose it to anyone, in any form or channel, including live streams, videos, screenshots, posts, chats, forums, wikis, data-mining and leaks;
• use Confidential Information only for the Purpose;
• not let anyone else play, watch or access the Playtest Software, except other invited testers in the Playtest itself (for example in multiplayer sessions);
• protect Confidential Information with at least reasonable care, and at least as carefully as you protect your own confidential information, including by keeping your licence, accounts and computers secure;
• tell us immediately at support@ivyture.com if you learn of any unauthorised disclosure, loss or use of Confidential Information, and help us limit its consequences.

4. What you may do

4.1. You may:

• say publicly that you take part in the Project Avion playtest, without revealing Confidential Information;
• discuss the Playtest with Ivyture, and with other invited testers in channels Ivyture designates for the Playtest;
• disclose what Ivyture expressly allows in writing (for example by announcing that a build may be streamed).

5. Disclosure required by law

5.1. If a law, a court or an authority requires you to disclose Confidential Information, you may disclose it to the extent required. Where the law allows, tell us first, so that we can seek protection.

6. Duration

6.1. This agreement takes effect when you sign it and covers all Confidential Information you have received in connection with the Playtest, including before signing.

6.2. Your obligations continue after your participation in the Playtest ends, until the information becomes public as described in section 2.2, but for no longer than two (2) years after your participation ends.

7. Return and deletion

7.1. When your participation ends, or when we ask, you must delete the Playtest Software, your licence file and any recordings, screenshots, notes or other copies containing Confidential Information, and confirm this to us by email if we ask.

8. Breach

8.1. If you breach this agreement, we may end your participation and your licence immediately.

8.2. For each intentional or grossly negligent breach of section 3, you must pay Ivyture a contractual penalty of EUR 1,000 (one thousand euros). Ivyture may also claim compensation for damage exceeding the penalty; the penalty is deducted from that compensation.

8.3. Ivyture may also ask a court to stop or prevent a breach, and use any other remedy available under the law.

9. No other rights

9.1. Confidential Information remains Ivyture's property. This agreement grants you no rights in it beyond the Purpose, and does not oblige Ivyture to disclose any information or to release the game.

10. Applicable law and disputes

10.1. This agreement is governed by the law of the Republic of Estonia. If you are a consumer, you also keep the protection of the mandatory provisions of the law of the country where you habitually reside.

10.2. Disputes are resolved by Harju County Court (Harju Maakohus) in Tallinn. If you are a consumer living in the European Union, you may also bring proceedings in the courts of the country where you live, and we may bring proceedings against you only there.

11. General

11.1. If a provision is invalid or unenforceable, the others remain in force, and the provision is replaced by a valid one that comes closest to its purpose.

11.2. If we do not enforce a right straight away, we have not given it up.

11.3. This agreement is concluded in English, electronically, together with the Terms. Ivyture keeps a record of your acceptance, and you receive a copy by email.