Project Avion Playtest Terms

These terms are the end-user licence agreement for the Project Avion closed alpha.

1. About these terms

1.1. These terms are an agreement between you and Ivyture OÜ, a private limited company registered in Estonia (registry code 17609633, Uus-Maleva tn 6-57, 11711 Tallinn, Estonia, support@ivyture.com) ("Ivyture", "we", "us").

1.2. They govern your participation in the closed alpha playtest of Project Avion (the "Playtest") and your use of the pre-release versions of the game, the launcher, invite and licence keys, licence files and any other material we make available to you for the Playtest (together, the "Playtest Software").

1.3. Taking part also requires the Playtest Confidentiality Agreement (the "NDA"), which you accept together with these terms. Where these terms and the NDA deal with confidentiality differently, the NDA applies. How we process personal data is explained in our Privacy Notice at https://ivyture.com/privacy/.

1.4. You accept these terms by signing them electronically on play.ivyture.com. The agreement is concluded when you do. We then send you a copy by email, together with a record of your acceptance. Please keep it.

2. Who can take part

2.1. You must be at least 18 years old and have full legal capacity to enter into this agreement.

2.2. Participation is personal and by invitation only. We decide whom to invite, how many testers take part and for how long, and we do not have to give reasons.

2.3. You take part as a private individual. If you would take part on behalf of a business, tell us before you sign.

3. What the Playtest is

3.1. The Playtest Software is unfinished, pre-release software provided for testing. It may contain errors, crash, run slowly, and change or lose features. Updates may make saved creations, settings or progress unusable. Builds may expire or stop working.

3.2. We may change, pause or end the Playtest, or your participation in it, at any time. We are not obliged to release the game or any feature, or to carry anything from the Playtest over to a later version.

3.3. Participation is free of charge. These terms do not give you a right to buy, receive or keep any version of the game.

4. Your licence

4.1. While you take part, we grant you a personal, non-exclusive, non-transferable, non-sublicensable and revocable licence, free of charge, to download, install and use the Playtest Software on computers you own or control, up to the number of computers your licence allows, only to play and test it and to give us feedback, and only for non-commercial purposes.

4.2. All rights not expressly granted to you remain with Ivyture and its licensors. The Playtest Software is licensed to you, not sold.

5. What you must not do

5.1. Unless we have allowed it in writing, or mandatory law allows it despite this section, you must not:

• share, sell, rent, lend or give anyone the Playtest Software, your invite key, licence key, licence file or launcher, or let anyone else use your licence;
• circumvent, disable or interfere with the licence checks, device limits, version restrictions, encryption or other security of the Playtest Software or of our servers;
• copy, modify, translate, decompile, disassemble or reverse engineer the Playtest Software, except to the extent the law expressly permits this (for example under Articles 5 and 6 of Directive 2009/24/EC on the legal protection of computer programs);
• extract, data-mine or reuse its code, assets, models, textures, sounds, music or other content, or use any of it to train artificial intelligence or machine-learning systems;
• use cheats, exploits, bots or automation against other players, or disrupt, attack or overload our servers or other players' games;
• use the Playtest Software for any commercial purpose or in any unlawful way.

6. Mods and your creations

6.1. You may create and use mods and in-game creations with the Playtest Software, following our modding documentation. While a mod or creation reveals Confidential Information under the NDA, you may only share it as the NDA allows.

6.2. You keep the rights you have in your own creations. If you send us creations, saves or mods (for example with a bug report), you allow us to use them free of charge to test, fix and develop the game.

7. Feedback

7.1. Feedback, bug reports, ideas and suggestions you give us about the game ("Feedback") are voluntary.

7.2. You grant Ivyture a free, worldwide, non-exclusive, perpetual and irrevocable licence to use, copy, adapt and publish Feedback for any purpose, including in the game, without payment or attribution. To the extent the law permits, you agree not to exercise moral rights in Feedback against Ivyture. You confirm that, to your knowledge, Feedback does not infringe anyone else's rights.

8. Personal data

We process personal data as described in the Privacy Notice, including to run licence checks, to stop licences being shared, to keep a record of this agreement and to process crash reports. The Privacy Notice informs you; it is not part of this agreement.

9. Ending your participation

9.1. You may stop taking part at any time by telling us at support@ivyture.com, or by deactivating your computers in the launcher and deleting the Playtest Software.

9.2. We may suspend or end your licence at any time: immediately if you breach these terms or the NDA, and otherwise by telling you by email or by ending the Playtest.

9.3. When your participation ends, your licence ends. You must then delete the Playtest Software, your licence file and any copies. Sections 5, 6.2, 7, 10, 11, 13 and 14, and the NDA, continue to apply.

10. No warranty

10.1. The Playtest Software is provided free of charge, for testing, "as is" and "as available". To the extent permitted by law, we give no warranty that it will be available, free of errors or harmful components, compatible with your computer or fit for any particular purpose, or that your data or creations will be preserved.

10.2. Back up anything important before you use the Playtest Software.

10.3. Nothing in these terms limits rights you have as a consumer that cannot be excluded or limited by agreement.

11. Liability

11.1. We are liable without limitation for damage caused intentionally or through gross negligence, for death or injury to body or health caused by our breach, and wherever liability cannot be limited under mandatory law.

11.2. In all other cases, because the Playtest is provided free of charge, we are not liable for damage caused by slight negligence, including loss of data, saves or creations, damage to hardware, lost profit or other indirect damage, except where mandatory law provides otherwise.

11.3. You are liable to us, in accordance with the law, for damage you cause by breaching these terms or the NDA.

12. Changes to these terms

We may change these terms or the NDA for the future, for example when the Playtest changes or the law requires it. We will tell you by email and ask you to accept the new version before you continue to take part. If you do not accept it, your participation ends. Obligations you already have under an earlier version, including confidentiality, remain in force.

13. Applicable law and disputes

13.1. These terms are 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.

13.2. We will try to resolve any disagreement amicably first. Please write to support@ivyture.com.

13.3. 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. Consumers living in Estonia may also turn to the Consumer Disputes Committee (Tarbijavaidluste komisjon).

14. General

14.1. These terms and the NDA are the entire agreement between you and us about the Playtest.

14.2. 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.

14.3. You may not transfer your rights or obligations under these terms. We may transfer them to a company that takes over the development or publishing of the game, and will tell you if we do.

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

14.5. These terms are concluded in English, electronically. We keep a record of your acceptance, and you receive a copy by email.