Legal DisclosureInformation in accordance with Section 5 TMG
40789 Monheim am Rhein
Graphics and Image Sourceshttps://pixabay.com/
DisclaimerAccountability for content
The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents' accuracy, completeness or topicality. According to statutory provisions, we are furthermore responsible for our own content on these web pages. In this matter, please note that we are not obliged to monitor the transmitted or saved information of third parties, or investigate circumstances pointing to illegal activity. Our obligations to remove or block the use of information under generally applicable laws remain unaffected by this as per §§ 8 to 10 of the Telemedia Act (TMG).
Accountability for links
Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately.
Our web pages and their contents are subject to German copyright law. Unless expressly permitted by law, every form of utilizing, reproducing or processing works subject to copyright protection on our web pages requires the prior consent of the respective owner of the rights. Individual reproductions of a work are only allowed for private use. The materials from these pages are copyrighted and any unauthorized use may violate copyright laws.
Terms and Privacy
B2B Terms of Service
These Terms are effective as of April 1st, 2020.
Legal Terms of Service
Your use of the Service is governed by the following terms of service (“Terms”). Please review the Terms carefully before using the Service. Do not use the Service if you do not accept the Terms. You can only accept these Terms if you are a business or acting on behalf of a business.
Plain-English Terms of Service
Welcome to Agile Penny Game! We’ve done our best to explain any legalese in simple words on this side. It is the language on the left that’s the legally binding stuff. You can only use this Service if you are a business and you have accepted these Terms. If you are not a business or acting on behalf of one, or if you do not agree to the Terms, please do not use the Service.
In these Terms, unless the context requires otherwise:
- words importing the singular number include the plural number and vice versa;
- words importing persons include firms, companies and corporations and vice versa;
- the headings to the clauses, schedules and paragraphs of these Terms will not affect the interpretation;
- any obligation on any party to do or not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done.
- Agile Penny Game GbR, Schwindstraße 16, 40789 Monheim am Rhein, Germany (European Union), offers a software as a service solution provided through a cloud-based platform which enables real-time active playing of the so called Penny Game. This is targetting participants at an agile meeting, training, workshop or event organised by an organiser (“Service”). The Service runs thanks to the “Underlying Systems” meaning the Agile Penny Game software, IT solutions, systems and networks (including software and hardware) owned by Agile Penny Game and Agile Penny Game's licensors and used to provide the Service, including any third party solutions, systems and networks and any software components Agile Penny Game may make available, via app stores or other channels, as part of or related to, the Service (“Components”).
- The Service can be accessed through an electronic device with internet connection by going to agilepennygame.com (“Website”).
- There are several types of plan offered under the Service, available at agilepennygame.com/pages/pricing. Except for the trial account, a payment of a fee according to the fees and payment section of these Terms is required.
- In order to choose a plan an organiser will need to sign up using their name, surname, an individual email address, address and a password via the Website and create an account in order to create a meeting, training, workshop or event via the Service and use the features of their chosen plan.
The organization that an organiser represents in agreeing to the Terms is our customer (“Customer”).
The organiser represents and warrants that the organiser:
- is an authorized representative of the Customer and has full legal authority to bind the Customer to these Terms;
- has read and understand s these Terms; and
- agrees on Customer’s behalf to these Terms in their entirety.
- The organiser explicitly indicates and accepts that the Service is for professional use only and that this is a business transaction to which consumer rules do not apply.
- Customer cannot be a consumer and the Terms are governed by the Commercial Code.
- Subject to the limitations of the chosen plan, Customer may authorize any person to be an organizer or a participant. The Customer, the Customer’s organisers and the Customer’s participants are, collectively, users of the Service (“Users”).
- In order for a participant to start using the Service, the participant does not need to sign up. The use of the Service is free for participants.
- Subject to clause 11.4., Agile Penny Game will use reasonable efforts to ensure the Service is available on a 24/7 basis. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure.
- Agile Penny Game may contact the Customer to send the Customer emails directly or indirectly relating to the Customer's use of the Service.
Agile Penny Game offers a service that enables real-time active playing of the so called Penny Game. You can access the Service through your electronic device with internet by going to agilepennygame.com.
Your level of service will depend on your chosen plan. The plans you can choose from are available at agilepennygame.com/pages/pricing.
The use of the service is free for participants and they don’t need to register anywhere. They just enter the event code and they’re good to go. An organiser, representing their business, needs to create an account through agilepennygame.com by signing up. In doing so, the organiser agrees to these Terms on behalf of the business.
2. Customer data
- Customer is and continues to be the owner of all data, content, communication information (including personal information), software or material owned, held, used or created by or on behalf of Customer, Customer’s organisers and participants that is created in, input into or transmitted directly or indirectly through the Service (“Customer Data”).
- Event are public in general and accessable via event code as long it is not in progress. Public event Customer Data are public.
Customer (for itself and all of Customer’s organisers and participants) grants to Agile Penny Game free of charge a worldwide, non-exclusive,
limited term license to access, use, process, copy, distribute, disclose, perform, import and display Customer Data for the duration of the provision of the
- as expressly permitted by Customer;
- as reasonably necessary to provide, maintain and improve the Services;
- as reasonably necessary to prevent or address Service, security or integrity, support or technical issues;
- as reasonably necessary to enforce these Terms;
- as reasonably necessary to protect Agile Penny Game, other customers, or the public from harm or illegal activities or to respond to an emergency which Agile Penny Game believes in good faith requires Agile Penny Game to disclose Customer Data to assist in preventing a death or serious bodily injury; and
2. Customer data
- "Confidential Information" means nonpublic information that a party designates as being confidential to the receiving party or which, under the circumstances surrounding disclosure ought to be treated as confidential by the receiving party. "Confidential Information" includes, without limitation, information in tangible or intangible form relating to and/or including Customer Data, Agile Penny Game security documentation, released or unreleased disclosing party software or hardware products, the marketing or promotion of any disclosing party product, disclosing party's business policies or practices, and information received from others that disclosing party is obligated to treat as confidential.
The parties agree that Confidential Information shall not include any information, however designated, that:
(a) is or subsequently becomes publicly available without the receiving party's breach of any obligation owed the disclosing party under these Terms;
(b) became known to the receiving party prior to the disclosing party’s disclosure of such information to the receiving party pursuant to these Terms;
(c) became known to the receiving party from a source other than the disclosing party other than by the breach of an obligation of confidentiality owed to the disclosing party under this clause 4; or
(d) was independently developed or acquired by any employee, director, affiliate, advisor, agent, independent contractor, data sub-processor, and consultant (“Representative”) of the receiving party without access to the Confidential Information of the disclosing party.
The party receiving any Confidential Information of the disclosing party shall not disclose such information to third parties for three (3) years
following the date that the disclosing party first discloses such Confidential Information pursuant to these Terms, except that the receiving party may
disclose Confidential Information:
(i) to its Representatives on a need-to-know basis, provided that the receiving party has executed appropriate written agreements with each of such Representatives sufficient to enable compliance by the receiving party with all the provisions of this clause 4 and requiring such Representative, for the benefit of the disclosing party, to maintain the confidence of the disclosing party’s Confidential Information as provided in this clause 4; or
(ii) in accordance with a judicial or other governmental order or request, provided the receiving party shall give the disclosing party reasonable opportunity to seek a protective order, or obtain written assurance from the applicable judicial or governmental entity that will afford the Confidential Information of the other party the highest level of protection afforded under applicable law or regulation.
- The receiving party shall be responsible for any failure by any of its Representatives to comply with any of the terms of this clause 4, and the receiving party agrees, at its sole expense, to restrain its Representatives from the disclosure or use of the disclosing party’s Confidential Information to the extent prohibited or unauthorized by this clause 4.
- The receiving party shall take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information, but no less than reasonable care, to keep confidential the Confidential Information of the disclosing party.
- The receiving party agrees not to disclose, reproduce, summarize and/or distribute the Confidential Information of the disclosing party except in pursuance of the receiving party's business relationship with the disclosing party, and only as otherwise provided hereunder.
- The receiving party shall notify the disclosing party without undue delay upon discovery of any unauthorized use or disclosure of the disclosing party’s Confidential Information, or any other breach of this clause 4 by the receiving party or its Representatives.
- The receiving party shall, at the disclosing party’s request and option, return or delete all originals, copies, reproductions and summaries of the Confidential Information of the disclosing party. Notwithstanding anything to contrary in this clause 4.8., neither of the parties shall be obligated to delete Confidential Information that is contained in an archived computer system backup that was made in accordance with such party's security and/or disaster recovery procedures; provided, however, that any such Confidential Information contained in such archived computer system backup shall be subject to the terms and conditions of this clause 4 and shall be automatically deleted on a permanent basis on the expiry of the period of the archived computer system backup.
- The parties acknowledge that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information and that the disclosing party shall be entitled, without waiving any other rights or remedies, to seek such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
- The terms of confidentiality under this Agreement shall not be construed to limit the receiving party’s right to independently develop or acquire information products without use of the disclosing party's Confidential Information.
- All Confidential Information is and shall remain the property of the disclosing party. By disclosing Confidential Information to the receiving party, the disclosing party does not grant any express or implied right to the receiving party to or under any patents, copyrights, trademarks, trade secret information or any other intellectual property right, except as otherwise specifically provided herein.
- The receiving party understands and acknowledges that the disclosing party makes no representation or warranty, express or implied, as to the accuracy or completeness of the Confidential Information or other information provided to the receiving party, except as otherwise specifically provided herein.
Agile Penny Game treats all your data according to principles of confidentiality and we expect the same treatment from you, if we send you some confidential information.
4. Customer obligations and warranties
- Customer shall ensure that the use of the Service by the Customer and each of Customer’s organizer and participant is in compliance with these Terms.
- Customer warrants that Customer has full power and authority to enter into and perform the Customer’s obligations under the Terms.
4. Customer obligations and warranties
As a Customer you’re responsible for your users, we do not have a direct relationship with the users themselves.
5. Authorised use
- Customer shall ensure that information provided to Agile Penny Game as reasonably requested by Agile Penny Game and relating to the provision of the Services shall be accurate, c omplete and up to date. Customer shall use commercially reasonable efforts to keep this information accurate, complete and up to date.
- Customer is responsible for all activity that occurs under the organiser’s account. Organiser’s access credentials shall be kept confidential and if the Customer or the Customer’s organiser knows or suspects that anyone other than the organiser knows the organiser’s access credentials, Customer shall promptly notify Agile Penny Game. Customer shall ensure an organiser does not assist anyone else in accessing the organiser’s account on an unauthorized basis, including by sharing, publicly offering, selling, or offering to sell the organiser’s access credentials to third parties or otherwise in breach of these Terms; create more than one account to access the Service except as expressly permitted by Agile Penny Game; or transfer the organiser’s account to any third party or otherwise commercially exploit the Service.
- Customer shall not and shall ensure the Customer’s organisers and participants do not use the Service in contravention of these Terms, the requirements of any applicable national, state, provincial and local laws, ordinances, regulations and codes, orders, requirements, directives, decrees, decisions, judgments, interpretive letters, guidance and other official releases of any regulator that are applicable to the Users, their affiliates, the Service or any other matters relating to the subject matter of these Terms.
Customer shall not and shall ensure the Customer’s organisers and participants do not attempt to access or use the Service in a manner that may harm
Agile Penny Game or any third party or interfere with the functionality or operation of the Service or Underlying Systems, including, but not limited to:
- attempting to undermine the security or integrity of the Service or the Underlying Systems;
- attempting to probe, scan or test the vulnerability of the Underlying Systems or to breach security or authentication measures;
- overloading, "flooding", "mailbombing", "crashing";
- misusing the Service in any way which may impair the ability of any other user to use the Service etc.
Customer shall not and shall ensure the Customer’s organisers do not use the Service to collect from the participants any of the following information:
- social security number;
- driver’s license number;
- State identification card number or passport number;
- financial account number;
- credit, debit or other payment card number;
- security code or password;
- medical information; or
- health insurance information.
Customer shall ensure the Customer’s Data:
does not contravene any of these Terms, the requirements of any applicable national, state, provincial and local laws, ordinances, regulations and codes,
orders, requirements, directives, decrees, decisions, judgments, interpretive letters, guidance and other official releases of any regulator that are
applicable to the parties, their affiliates, the Service or any other matters relating to the subject matter of these Terms;
especially but not limited to, requirements relating to intellectual property rights, privacy, publicity, prohibition of impersonation, libel, discrimination;
- does not contain advertising or a solicitation;
- is not otherwise objectionable (i.e. abusive, threatening, sexually-explicit, inciting violence, spamming, offensive, etc.).
- does not contravene any of these Terms, the requirements of any applicable national, state, provincial and local laws, ordinances, regulations and codes, orders, requirements, directives, decrees, decisions, judgments, interpretive letters, guidance and other official releases of any regulator that are applicable to the parties, their affiliates, the Service or any other matters relating to the subject matter of these Terms;
- Customer shall notify Agile Penny Game without undue delay if Customer or Customer's organiser becomes aware or receives any notification of an accusation of any infringement connected to the Service.
5. Authorised use
Your participants shouldn’t lie about who they are, shouldn’t break any laws, shouldn’t do anything that may hurt Agile Penny Game or any third party, shouldn’t input any objectionable data through the Service.
Your organisers shouldn’t lie about who they are, shouldn’t share their account access credentials, shouldn’t break any laws, shouldn’t do anything that may hurt Agile Penny Game or any third party and shouldn’t input any objectionable data through the Service.
6. Intellectual property
Customer agrees and acknowledges that the title to all intellectual property rights in Agile Penny Game, the Service, the Underlying Systems, including but not limited
to all of the contents, such as text, images, audio, and the HTML used to generate the pages, is and remains the property of Agile Penny Game and Agile Penny Game’s licensors.
Except as expressly set forth in these Terms, no User acquires any rights, licences or goodwill in any of Agile Penny Game’s intellectual property rights.
Customer shall not and shall ensure Customer’s organisers and participants do not:
- alter, enhance, or make derivative works of Agile Penny Game, the Service, or any of the Underlying Systems;
- reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Service or any of the Underlying Systems;
- sell, transfer, publish, disclose, display or otherwise make available anything protected by intellectual property rights of Agile Penny Game and any related products including any modifications, enhancements, derivatives, and other software and materials provided hereunder by Agile Penny Game or copies thereof to others in violation of these Terms;
- display or use the Agile Penny Game name or logo in any manner without Agile Penny Game's prior written permission.
6. Intellectual property
Agile Penny Game and/or third parties own all IP in the Service and everything connected to it. You don’t get any rights to any Agile Penny Game IP – you just use it as a service. You agree to respect all Agile Penny Game’s IP rights and not do anything inconsistent with them.
If a User provides Agile Penny Game with ideas, comments or suggestions relating to the Service or the Underlying Systems (“Feedback”), all intellectual property rights in that Feedback, and anything created as a result of that Feedback (including new material, enhancements, modifications or derivative works), are owned solely by Agile Penny Game.
We care about your suggestions for improvement! Agile Penny Game wants to be able to use your feedback to improve the Service so we need you to agree that Agile Penny Game will own everything that’s created thanks to your feedback.
Unless Customer requests Agile Penny Game not to (via an email to email@example.com), Customer agrees to grant Agile Penny Game the right to use and display Customer's name, logo and Feedback on the Website and in other marketing and promotional materials solely in connection with our respective activities under these Terms.
Agile Penny Game can use your name and logo for marketing purposes, unless you opt out.
9. Consequences of breach of clauses 4 and/ or 5 and/ or 6
- An infringement or breach of any of the obligations by a User contained in Clauses 4 and/ or 5 and/ or 6 is considered a breach of the Terms and Agile Penny Game shall be entitled to edit (without compromising the integrity of) or remove that User’s Data and/ or unilaterally terminate that User’s access to the Service with immediate effect and/ or cancel that User’s accounts, as reasonably appropriate without any obligation on Agile Penny Game to refund the Customer.
- Customer shall be liable for any losses or damages resulting from any infringement or breach of Clauses 5 and/ or 6 and/ or 7 by the Customer and/ or the Customer’s organisers and participants. Customer agrees to indemnify, hold harmless and defend Agile Penny Game and its officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys' fees, resulting directly or indirectly from any claim by a third party that arises in connection with Customer’s and/or the Customer’s organisers’ and participants’ use of the Service in contravention of these Terms.
- The Parties acknowledge that monetary damages may not be a sufficient remedy for the infringement or breach of Clauses 4 and/ or 5 and/ or 6 and that Agile Penny Game shall be entitled, without waiving any other rights or remedies, to seek such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
9. Consequences of breach of clauses 4 and/ or 5 and/ or 6
If you breach your obligations, Agile Penny Game can terminate your access to the Service and remove your data. You will be liable for all resulting loses and damages and Agile Penny Game can ask the courts for an injunction or other equitable remedies where damages wouldn’t be sufficient to cover all losses. If third parties are harmed and sue Agile Penny Game, you will indemnify Agile Penny Game for this.
10. Agile Penny Game’s obligations and warranties
- Upon Customer’s payment of the fees according to the fees and payment section of the Terms Agile Penny Game will grant Customer a limited, revocable, non-transferable, non-exclusive non-sublicensable licence to access and use the Service and the object code version of any Components according to these Terms. Customer may allocate or distribute the rights granted under this clause to Customer’s organisers and participants, subject to the limitations of their chosen plan.
- Agile Penny Game shall provide the Service in accordance with these Terms and all applicable laws, in particular but not limited to laws on data protection, tax, anti-bribery, anti-corruption and anti-money laundering.
- Agile Penny Game warrants that it has the right and necessary title to provide the Service.
- Agile Penny Game warrants that it has full power and authority to enter into and perform its obligations under these Terms.
10. Agile Penny Game’s obligations and warranties
Agile Penny Game agrees to provide the Service to you and comply with the Terms and all applicable laws.
11. Disclaimers and limitations of liability
- Due to the nature of the Service, except as provided in these Terms and the Security Standards, the Service is provided on an 'as is' and 'as available' basis.
- Agile Penny Game does not guarantee the accuracy, truthfulness, completeness, or usefulness of any data.
- Agile Penny Game acts as a “passive conduit” of communications between organisers and participants and does not have the obligation to pre-screen any Customer Data. Any opinions, advice, statements, service, offers, or other information contained in Customer Data are those of the respective author(s) or distributor(s) and not of Agile Penny Game.
- Agile Penny Game will use commercially reasonable efforts to make the Services secure, free of viruses or other harmful code, uninterrupted and error free, however, Users acknowledge that Agile Penny Game provides no warranty as to this.
- Agile Penny Game makes no representation concerning the quality of the Service and does not promise that the Service will interoperate perfectly with every operating system, browser or electronic device. Every user is different, and Agile Penny Game does not guarantee that the Service will meet Users' needs or requirements or the needs or requirements of any other person or the needs or requirements set forth in any documentation.
- Agile Penny Game is not responsible for malfunctioning or inapplicability of the Service provided pursuant to these Terms due to improper use or a combination of the impact of technical equipment, software or malicious programs.
- Internet connection sufficient to the number of participants is vital for the smooth and seamless running of the Service - without an appropriate internet connection Users may not be able to extract full benefits of the Service. Customer is responsible for the internet connection and equipment necessary to access and use the Service. Agile Penny Game cannot be held responsible for malfunctioning caused by inadequate internet connection or equipment.
- The Service interoperates with a range of third party service features (e.g. integrations). Agile Penny Game does not make any warranty or representation on the availability or quality of these features, and excludes all liability in connection with these features that arises due to no fault of Agile Penny Game. If a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, or if Agile Penny Game so decides, Agile Penny Game may cease to make available that feature to Users, and Users are not entitled to any refund, discount or other compensation from Agile Penny Game. For the avoidance of doubt, this clause does not apply to Agile Penny Game’s third party service providers providing parts of the Service as such.
Except for the obligations and warranties set out in these Terms, Agile Penny Game excludes and Users waive all other representations, conditions, terms, guarantees
and warranties, express, implied or collateral, arising by operation of law or otherwise, including but not limited to implied warranties, terms or conditions of
satisfactory quality or fitness for a particular purpose or conformance to description or sample, except to the extent such representations, conditions, terms,
guarantees or warranties may not be excluded by law. To the extent that they cannot be excluded, the liability of Agile Penny Game for any breach is limited,
at Customer’s discretion, to:
a) supplying the Service again; and/or
b) refunding the Customer for the Fees paid.
- The maximum aggregate liability of Agile Penny Game under or in connection with the Terms or relating to the Service, whether in warranty, contract, tort (including negligence), breach of statutory duty or otherwise, must not exceed an amount equal to the Fees paid by the Customer under the Terms in the previous year. The cap in this clause includes the cap set out in clause 11.9.
- Agile Penny Game shall not be liable to Customer for any indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to damages for lost profits, contracts, revenues, savings, income, business, use, data (including Customer Data), and/or goodwill arising out of or in connection with these Terms, however caused (including through negligence) and regardless of whether Customer has been informed of the possibility or likelihood of such damages arising.
- Nothing in these Terms limits or excludes any liability of Agile Penny Game for death or personal injury caused by its negligence, for fraud or for any other liability that cannot be lawfully excluded or limited under applicable law.
- Users acknowledge that the Service may link to third party websites or feeds that are connected or relevant to the Service. Any link from the Service does not imply any Agile Penny Game endorsement, approval or recommendation of, or responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, Agile Penny Game excludes all responsibility or liability for those websites or feeds.
- For the avoidance of doubt, any disclaimer or limitation of liability in these Terms (especially, but not limited to, clause 11) only apply to the maximum extent permitted by applicable law.
11.Disclaimers and limitations of liability
Where the law allows this, the Service is provided “as is” and “as available” and all guarantees and warranties not provided in these Terms and the relevant Policies are excluded. Agile Penny Game only accepts liability for direct losses. The maximum aggregate liability of Agile Penny Game under the Terms must not be higher than the amount of the fees paid by you under the Terms in the previous year.
12. Fees and payment
- Customer agrees to pay the applicable fee for the Customer's chosen plan as provided in Agile Penny Game pricing available at agilepennygame.com/pages/pricing or, if a different fee is agreed between Agile Penny Game and the Customer, the Customer agrees to pay the agreed fee (the "Fee").
- Agile Penny Game reserves the right to update Agile Penny Game pricing at agilepennygame.com/pages/pricing at any time in its sole discretion.
The following ways of purchasing the Service are available:
Online via payment by PayPal.
By contacting Agile Penny Game and sending Agile Penny Game all the information and contact details statutorily required for billing purposes (e.g. plan, trade name, registered office, ID No., VAT No., etc.). Agile Penny Game will then send the Customer an invoice that can be paid by card, PayPal or via bank transfer. The Customer agrees to pay the Fee before the due date stipulated on the invoice (15 calendar days).
- Agile Penny Game does not accept cheques.
- In any event, the Customer agrees to pay the Fee, where applicable, before the Customer and/ or the Customer’s organisers and participants start using the Service.
- Agile Penny Game may charge interest on overdue amounts or suspend the provision of the Services until all overdue amounts due are fully paid. Interest will be calculated from the due date to the date of payment (both inclusive) at a rate of 8% per annum (prorated on a daily basis), or the highest rate allowed by law, whichever is less.
- The invoices are sent to the Customer solely by e-mail in a non-editable PDF file and considered delivered if not automatically rejected or refused by server.
- Agile Penny Game uses PayPal and Braintree, a division of PayPal, Inc. (“Braintree”) for payment processing services. By using PayPal Customer, or Customer’s organiser on Customer’s behalf agrees to PayPal Terms of service and by using Braintree payment processing services Customer, or Customer’s organiser on Customer’s behalf agrees to the Braintree Terms of service.
- Agile Penny Game does not store any payment card information.
12. Fees and payment
Fees are specified at agilepennygame.com/pages/pricing. You can either pay online or via wire transfer. You have to pay before your event. If you don’t pay on time, Agile Penny Game may charge an 8% pa interest or suspend your Service.
13. Term, changes and termination
- The period of these Terms will commence on the date when Customer or Customer’s organiser accepts the Terms on our Website or Mobile App by signing up and creating an account (“Effective Date”).
As our business evolves, we may change these Terms. All Customers shall be notified about any changes to the Terms through updating our website or we may
message the Customers via the Service. If a Customer would like to receive notifications of material changes to the Terms via email, Customer may sign up
by emailing firstname.lastname@example.org with the subject “Subscribe to Terms Changes Notifications” specifying
the email address they would like the notifications sent to.
Customer shall have 14 calendar days from the notification to object to any material changes. If Customer or Customer's organiser uses the Services after the effective date of any changes, that use will constitute Customer’s acceptance of the revised Terms. If the Customer does not agree to the material changes, the Customer may terminate the relationship immediately by deleting their account. Such termination is without prejudice to any fees incurred by Customer prior to the termination.
Customer can review the most current version of the Terms at any time by visiting this page. Any material revisions to these Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change.
- The free Service continues until terminated, while the paid Service has a term according to the purchased plan that may expire or be terminated. The Terms remain effective until the Service under the Terms has expired or been terminated.
A party may terminate the Service immediately if the other party breaches a material provision of these Terms and:
- the breach is incurable, or
- the other party does not remedy any remediable breach of a material provision of these Terms within 14 days' of receiving a written notice from the non-breaching party specifying the breach and requiring its remedy.
Agile Penny Game may terminate the Service immediately if:
- customer fails to pay undisputed amounts due;
- any regulatory decision or governmental order requiring Agile Penny Game to suspend Service(s) or which is reasonably likely to result in the loss of Agile Penny Game's operating authority; or
- in an event of bankruptcy or other cause preventing Agile Penny Game from providing the Service.
- Either party may terminate the relationship without cause in writing with a one-month notice period (the notice period commences on the first calendar day of the month following the calendar month in which the notice of termination was delivered to the other party). If Agile Penny Game terminates without cause, Agile Penny Game shall reimburse the Customer for any unused Service pro rata.
- Customer may terminate the free Service immediately without cause by deleting their account.
13. Term, changes and termination
Agile Penny Game can change these Terms at any time and will notify you of any important changes. If you do not agree, you can delete your account and we will refund you for any unused Service pro rata. If either of us has a good reason, either of us can end the Service immediately, no refunds. If you want to end the Service without a good reason, you will have to tell us 30 days before and you won’t get your money back. If we want to end the Service without good reason, we will have to tell you 30 days before and refund you for any unused Service pro rata.
- Notices to Agile Penny Game shall be sent by email to email@example.com, or to an address that Agile Penny Game has specified for the purposes of this section. Unless Customer provides a separate address for notices, Customer hereby agrees that the email address Customer’s organiser provides to Agile Penny Game may be used for the purposes of sending notices to Customer or Customer’s organiser.
- Notices under this section shall be effective upon delivery if not automatically rejected or refused by a server.
- Agile Penny Game and Customer agree that the written form requirement is also complied with in the case of communication by email, unless the Terms or binding provisions that the Parties cannot deviate from under applicable law provide otherwise.
All legal notices to Agile Penny Game should be sent to firstname.lastname@example.org. Agile Penny Game will send you notices to the email address you provided unless you specify otherwise.
15. Entire agreement and severance
- The Terms and an invoice, where an invoice is issued, shall constitute the entire agreement between Agile Penny Game and Customer with respect to the subject matter hereof and supersede all prior or contemporaneous oral and written agreements, proposals, negotiations, representations, commitments and other communications between Agile Penny Game and the Customer, including but not limited to any fixed terms and conditions on any purchase orders or vendor registration forms. All prior negotiations between Agile Penny Game and the Customer regarding the subject matter described herein have been merged into the Terms and there are no understandings, representations, or terms, oral or written, express or implied, regarding the subject matter described herein other than those set forth herein.
- If any provision of these Terms is or becomes prohibited by law or is judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of the remainder of these Terms.
15. Entire agreement and severance
These Terms form the entire agreement between you and Agile Penny Game and nothing else will count. If any clauses of these Terms are held by a court to be invalid, these should be severed and the rest of the Terms should go on.
Neither Agile Penny Game nor the Customer may assign the Terms or any rights or obligations mentioned herein without the prior written consent of the other party,
such consent not to be unreasonably withheld or delayed. However, either Agile Penny Game or the Customer may assign these Terms without the consent of the
other party provided such assignment fulfils the following criteria:
- it is to a parent, successor in interest or an Affiliate (meaning any entity with respect to which the party owns or controls, directly or indirectly, greater than fifty percent (>50%) of the outstanding voting securities, but only so long as the entity meets such requirements);
- the assigning party provides written notice of such assignment to the other party; and
- the party assuming obligations hereunder agrees to do so in writing and has adequate resources to meet its obligations hereunder.
- Any attempted assignment not in accordance with this clause shall be null and void.
- These Terms and any amendment hereto shall be binding on Agile Penny Game, the Customer, their successors, assigns or other transferees for the benefit of the other party and its Affiliates and their successors and assigns.
Save for some limited circumstances neither you nor Agile Penny Game can assign rights and/or obligations under these Terms unless the other party consents to this.
17. Third party rights
Except as expressly provided otherwise, Agile Penny Game or the Customer do not intend any term of these Terms to be enforceable by any third parties. Agile Penny Game and the Customer do not require the consent of any third party to terminate, rescind or to agree any variation, waiver or settlement in relation to it.
17. Third party rights
Third parties won’t have a say or benefit in anything concerning these Terms.
18. No waiver
Unless Agile Penny Game or the Customer expressly waives its rights in writing no delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of these Terms shall either be or be deemed to be a waiver or in any way prejudice any right of that party under these Terms. No right, power or remedy conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
18. No waiver
If either party messes something up, but the other party suffers it for a time, this won’t mean the first party can’t complain later.
19. Force majeure
Neither Agile Penny Game nor the Customer shall have any liability under or be deemed to be in breach of these Terms for any delays or failures in performance of these Terms which result from circumstances beyond the reasonable control of that party. Such circumstance might be an impediment that has occurred independently of the will of the obligated party and prevents it from fulfilling its obligation if it cannot reasonably be assumed that the obligated party would divert or overcome this impediment or its consequences and that it would anticipate that impediment at the time of the beginning of its commitment.
19. Force majeure
If something unforeseeable happens that’s beyond the reasonable control of either of us (e.g. war, riot, floods, hurricanes…) and either of us doesn’t do what we should under these Terms, we will be excused from that obligation.
20. Relationship between the Parties
These Terms shall not constitute or imply any partnership, joint venture, agency, fiduciary or other relationship between Agile Penny Game and the Customer other than the contractual relationship expressly provided for in these Terms.
20. Relationship between the Parties
You are just buying the Service from us and we’re just selling the Service to you. This doesn’t make us partners, joint venture, agent and principal, fiduciaries or anything else other than service provider and customer.
All sections of these Terms relating to User obligations, confidentiality, intellectual property, disclaimers, limitation of liability, dispute resolution, compliance with laws or those sections of these Terms that, by their nature and content, are intended to survive the completion, rescission, termination or expiration of these Terms shall so survive and continue to bind the parties for the period of time permitted under applicable law.
When these Terms end, there are some responsibilities that won’t end.
22. Dispute resolution, jurisdiction and governing law
- Where there is a dispute the aggrieved party shall notify the other party in writing of the nature of the dispute with as much detail as possible about the deficient performance of the other party. The parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to these Terms through negotiations between a director of each of the parties with authority to settle the relevant dispute.
- If the dispute cannot be settled amicably within 60 days from the date on which either party has served written notice on the other of the dispute then the remaining provisions of this Clause 22 shall apply.
- The parties shall irrevocably submit to the exclusive jurisdiction of the German courts for the purposes of hearing and determining any dispute arising out of there Terms, if the parties cannot resolve such dispute by the procedure set out above.
- These Terms and all matters arising from it and any dispute resolutions referred to above shall be governed by and construed in accordance with German law notwithstanding the conflict of law provisions and other mandatory legal provisions. However, the parties agree that neither the Terms nor any instructions or communications from Agile Penny Game have to be in the German language and that the last two versions of the Terms shall be available via the Website at agilepennygame.com/terms. If the Customer requires an earlier version of the Terms, Agile Penny Game shall make these available to the Customer upon written request.
- Clauses 22.1. and 22.2. do not affect either party’s right to seek urgent interlocutory and/or injunctive relief.
22. Dispute resolution, jurisdiction and governing law
If we don’t agree about something essential, we will first try to talk about it and resolve it in a friendly way. If talking won’t cut it, either of us can take it to the German courts, applying German law.
First things first
Simply said, we do not sell, trade or otherwise transfer your personal information to third parties in any manner that could be harmful, dangerous or violating your privacy. We are here to provide you with the interaction platform and if we are making you uncomfortable about your privacy, it is a feedback we want to hear from you. Please don’t hesitate to reach out to us at email@example.com.
Information we collect
We collect and process information from you when you create an event, interact with an event or register on our Sites. You may be asked to enter details about you,
but you always have an option to change your mind when you wish to anonymize yourself or even completely delete information about you from our service.
We collect information in the following ways:
- Information you give us. For example, if you are an event organizer, our services require you to sign up for a Agile Penny Game account. When you do, we’ll ask for personal information, like your name or email address. Or consider this, if you are an event participant, you may want to ask a question with your name - those are the moments when submitting your name is essential to provide you with required functionality, that’s why we ask for that.
Information we get from your use of our services. We collect information about the services that you use and how you use them, like when you enter an event
or view and interact with our ads and content.
This information includes:
- Device Information. We collect device-specific information, such as your hardware model, operating system version, unique device identifiers. Agile Penny Game may associate your device identifiers with your Agile Penny Game account.
Log Information. When you use our services or view the content provided by Agile Penny Game, we automatically collect and store certain
information in server logs. This includes:
- details of how you used our service, such as your search queries.
- details about your connection, such as IP address, date, time, edge-location, ssl-protocol, ssl-cipher or time-taken to serve you requested site.
- device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
- cookies that may uniquely identify your browser or your Agile Penny Game account.
- Location Information. When you use the Agile Penny Game Services, we may collect and process information about your actual location. Currently, we only use IP address as the source information to approximately determine your current location.
- Local Storage. We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
- Cookies and similar technologies. We and our partners use various technologies to collect and store information when you use the Agile Penny Game services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services offered by our partners and third parties, such as advertising services or user behaviour analytics services. We may offer you services provided by our partners as a part of our Sites, in such case information about you is collected via a third party cookie.
Why do we need your information and how we use it
We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect our Sites and our users.
We also use this information to offer you tailored content – like proper instructions how to get the most out of Agile Penny Game Services.
Agile Penny Game processes personal information on servers of our infrastructure provider in Ireland and we use help of a few other specialized third party service providers as well. Therefore, we may process your personal information on a server located outside the country where you live.
Transparency and choice
People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example:
- Wherever it is optional to collect additional information about you, we transparently inform you about what information we need, why we ask for it and we require your consent to process such information. When you change your mind, there is always a convenient way how to let us know.
- If you have a Agile Penny Game account you can change information about you or completely permanently delete your account if you wish to be “forgotten”.
- If you don’t have a Agile Penny Game account, but you were interacting with any event via Agile Penny Game, you can anonymously use it and in control of your personal information related with such interaction.
Accessing and updating your personal information
Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it
quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes.
We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems - such information is completely removed according to our backup retention policy after 28 days.
Information we share
We do not share personal information with companies, organizations and individuals outside of Agile Penny Game unless one of the following circumstances applies:
- With your consent. We will share personal information with companies, organizations or individuals outside of Agile Penny Game when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.
For legal reasons. We will share personal information with companies, organizations or individuals outside of Agile Penny Game if we have
a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- meet any applicable law, regulation, legal process or enforceable governmental request;
- enforce applicable Terms of Service, including investigation of potential violations;
- detect, prevent, or otherwise address fraud, security or technical issues;
- protect against harm to the rights, property or safety of Agile Penny Game, our users or the public as required or permitted by law.
We work hard to protect Agile Penny Game and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
- We encrypt our services using SSL, in transit and at rest as well.
- We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
- We restrict access to personal information to those of Agile Penny Game staff, and third parties who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
Compliance and cooperation with regulatory authorities
feedback so we may contact you to ask for more information or to follow up. We work with the appropriate regulatory authorities, including local data protection
authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.
In case you are curious how we have approached the EU General Data Protection Regulation, please see GDPR Commitment section of this page.
Agile Penny Game may change this policy from time to time, and if we do we will post any changes on this page. If you continue to use the services after those changes are in effect, you agree to the revised policy.
Agile Penny Game is committed to protecting the privacy of young children, and therefore does not knowingly collect or maintain personal information on the Sites or the service from persons under 16 years of age, except in compliance with children's online privacy protection law. Accordingly, children under the age of 16 may only use the service with the permission and supervision of their parents. Additionally, teachers and schools seeking to use the service in the classroom with children under 16 years of age are required to obtain express consent of such children's parents in compliance with the applicable law, prior to permitting such children to access or use the service.
Other privacy policies
At our discretion, we may occasionally include or offer third party products or services on our Sites. As these have separate and independent privacy policies, we have no responsibility and liability for the content and activities of these linked sites. However, we do our best to protect the integrity of our Sites and welcome any feedback about these sites and services.
Third Party Service Providers
Last updated April 1st, 2020.
Agile Penny Game GbR (“Agile Penny Game”) may engage and use a selected set of third parties to process certain Customer Data in connection with the Service (each, a “Subprocessor”). This page provides all information about the entity, location of processing and role of each Subprocessor.
Prior to engaging any Subprocessor, Agile Penny Game carries out due diligence to evaluate the Subprocessor, focusing on privacy, security and other practices affecting the processing of Customer Data. Agile Penny Game has written agreements in place with all such Subprocessors ensuring protection of Customer Data. Agile Penny Game is responsible for its Subprocessors.
Third Party Service Providers
Why do we need them? As we would like to focus on our mission, we decided not to run our own infrastructure or develop all the features that we need ourselves. But Agile Penny Game needs a home, so we have agreed to work with the following companies and incorporated their services as an underlying, integral part of our solution.
|Vendor||Purpose||Controller's data||Location (City, State, Country) where data is stored / processed||Data transfer safeguard|
|domainfactory GmbH||Server Hosting||Contact data, Interaction / Content data, Device data, Purchase data||Germany||EU only|
How do we update this information?
From time to time the Subprocessors we engage may also change. We may engage new processor, or change one of the old ones. We will provide the owner of Customer’s account with notice of any new Subprocessors to the extent required under the Agreement or by applicable law, along with posting such changes here.
Agile Penny Game GDPR Commitment
Last updated April 1st, 2020.
We’re committed to partnering with all Users enjoying Agile Penny Game to help them understand and prepare for the General Data Protection Regulation (“GDPR”).
The GDPR is the most comprehensive EU data privacy law in decades, which came into effect on May 25, 2018.
As well as strengthening and unifying user data privacy across the EU, it also puts new or additional obligations upon anyone that handles EU citizens’ personal data, regardless of where they are located.
On this page, we’ll explain our approach to achieving GDPR-compliance, both for ourselves and for our Customers.
Agile Penny Game Way and Adoption
The GDPR’s updated requirements are significant and our team is working hard to bring Agile Penny Game’s Service offerings and contractual commitments in line so
Customers can prepare themselves before May 25, 2018. Measures to achieve this include:
- Changes in our product itself. We are changing our user interfaces and service offerings in order to give all users (both event organizers and participants) more visibility, transparency and control over the data they submit to / via Agile Penny Game.
- Investments under the hood. We are working on improvements to our infrastructure, to fulfil all the requirements and obligations connected to continuous security monitoring, data breaches and security incident management.
- Legal matters. Any Customer who accepts Agile Penny Game Terms of Service also automatically accepts the Agile Penny Game Data Processing Addendum, which is incorporated in the Terms. View Data Processing Addendum (“DPA”)
Fulfilling our privacy and data security commitments is important to us. So we’re happy to help you prepare for all the changes the GDPR brings. This page will be revised to reflect GDPR-related information as it becomes available. If you have any questions about how Agile Penny Game can help you with compliance, we hope you’ll reach out to us at firstname.lastname@example.org.