These terms of services (“Terms”) shall govern the playtesting services (defined hereinbelow) provided by Digitible Pte. Ltd. (“Lysto”) and any related use of https://lysto.gg (“Website”), software, tools or functionalities as provided by Lysto and their use thereof by you.

The Website is owned and operated by Digitible Pte. Ltd., a company incorporated under the laws of Singapore, and having its registered office at 20 Bendemeer Road, #03-12 BS Bendemeer Centre, Singapore – 339 914.

SUBJECT OF CONTRACT

Lysto has developed a Website that enables it, through various third-party playtesters enrolled on the Website (“Playtesters”), to review and provide research data and performance analytics (“Gameplay Data”) of games uploaded by various gaming studios on the Website. The Gameplay Data is collected through various modes including, without limitation, Playtests, usability tests, Playtest videos, online surveys and user research projects and thereafter transferred to the gaming studios (“Playtesting Services”).

Lysto engages with various duly qualified Playtesters who use the Website to participate in the Playtesting of games uploaded on the Website (“Playtest” and any grammatical variations thereof) by various gaming studios or gaming companies(“Clients”).

Lysto may create, record, compile or modify such Gameplay Data and thereafter transfer the same to you (“Deliverables”) during the provision of Playtesting Services during the course of, or upon the completion of Playtesting (“Playtesting Period”). Where the due date for provision of the Gameplay Data to the Client has been mutually agreed to be at the end of the Playtesting Period, the Gameplay Data duly created, recorded, compiled or modified by Lysto at the end of Playtesting Period and transferred to you shall constitute the Deliverables hereunder. In the event that the Client has specified a certain type of Gameplay Data to be provided, such Gameplay Data shall constitute the Deliverables to be provided to the Client.

This user agreement (“Agreement”) is an agreement between gaming studios who access the Playtesting Services and the Website ( “Client”, “you” or “your” as the context requires) and Lysto ("we", “us” or "our" as the context requires) governing your use of our Playtesting Services through the characteristics and features as described on the Website. By accessing the Website, and availing the Playtesting Services, you agree to be bound by the terms of this Agreement (“Terms of Use”). This Agreement governs your access and use of this Website, Playtesting Services and applies to all Clients, visitors, users and others who access the Website and the Playtesting Services. If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website. Lysto will not be liable for any consequences arising from your unauthorized use. We may revise these Terms of Use or this Agreement at any time by amending this page and the terms hereof. The revised Terms of Use and/or Agreement shall be posted on the Website, and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website. All changes are effective as soon as we post them and by continuing to access the Website and/or avail of the Playtesting Services, you agree to be bound by the revised Terms of Use. Your use of the Website and the Playtesting Services is subject to the most current version of the Terms of Use posted on the Website at the time of such use.

ORDERING OF PLAYTESTING SERVICES

You may reach out to, and sign up for the Playtesting Services in the manner set out below:

[●]

PAYMENT AND PRICING

The fees applicable for availing the Playtesting Services shall be communicated by Lysto to the Client prior to commencement of the Playtesting Services.

The fees are exclusive of any and all applicable taxes, which shall be borne by You at actuals.

SCOPE OF PLAYTESTING SERVICES

To access the Playtesting Services, you shall provide a compatible build of your game as requested by us and any ancillary materials, along with clear and explicit instructions recording the extent and scope of the Playtesting Services as required by you. You shall provide the build of the game as aforesaid, without an automated update mechanism in order to prevent any malfunctions. The Gameplay Data shall be collected only on the earliest version of the game made available to us.

Lysto will compile and transfer the Deliverables to the Client in accordance with the timeline as mutually agreed between the Parties (“Due Date”). Notwithstanding the foregoing, in the event of technical issues or unforeseen delays outside our control, we shall be entitled to reasonably adjust the Due Date upon prior intimation to the Client.

You will only communicate with the Playtesters through the Website, after seeking prior consent from us, and not through any other means.

The Gameplay Data shall only be transferred to you only by the way of Deliverables in accordance with these Terms. You shall not enter into any separate agreement or understanding , which does not involve Lysto, with any Playtester to provide Gameplay Data to you as long as your game is available on the Website for Playtesting.

INTELLECTUAL PROPERTY

“Lysto Intellectual Property” shall mean any pre-existing intellectual property rights of Lysto or Lysto’s Representatives (as defined hereinafter) that are utilised by Lysto in performance of its obligations in connection with these Terms.

“Client Intellectual Property” shall mean intellectual property rights of the Client in connection with these Terms.

Lysto Intellectual Property is the exclusive property of Lysto and/or its Representatives as the case may be. Lysto Intellectual Property, even if incorporated into a Deliverable shall remain the exclusive property of Lysto. Subject to payment of fees for the Playtesting Services, as contained in these Terms, we grant to you, a perpetual, worldwide, non-exclusive, non-transferable and non-sublicensable license over Lysto Intellectual Property incorporated in the Deliverables to be exclusively used for your own business purposes.

Client Intellectual Property is and shall remain the exclusive property of the Client. Lysto and its Representatives shall be granted a non-exclusive license to use and access the Client Intellectual Property including the game and all of its features and ancillary material, during the Playtesting Period or until such time when such license is not required by Lysto to perform its obligations as communicated to the Client by Lysto or its Contractors, as the case may be.

You shall not make any video recordings, gaming profiles, individual responses or other information that could identify an individual Playtester, available to anybody except to employees, contractors or agents of Client.

You may access the Website, avail of the Playtesting Services for your organizational requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website and its content, features, or facilities, directly or indirectly, without our prior written permission.

Lysto and its licensors, if any, are the sole owners of the underlying software and source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature on the Website.

OFFENCES

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other Clients, Playtesters or users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this clause, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments thereto). We will report any such breach to the relevant law enforcement authorities, and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Website linked to it.

SECURITY

We have implemented commercially reasonable technical and organizational measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. You acknowledge that you provide your information at your own risk.

Lysto will not be liable in case of any fraudulent/ improper/ unauthorized/ duplicate/ erroneous use of the Playtesting Services. Lysto will not be liable for any direct or indirect consequences connected with the use/ misuse of the Client’s information, or Client Intellectual Property or the Game by any third party.

CONFIDENTIALITY

Each Party ("Receiving Party”) agrees to maintain confidentiality of any information provided to it by the other Party ("Disclosing Party”) which: (i) is marked, labelled, or otherwise designated as confidential or proprietary; or (ii) Receiving Party knew, or should have known, was confidential due to the circumstances surrounding the disclosure by Disclosing Party ("Confidential Information”)

The Receiving Party shall not disclose any Confidential Information to third parties. For the purposes of this clause, the Disclosing Party’s contractors, agents and consultants (“Representatives”) are not third parties. Representatives, receiving any Confidential Information shall have the same obligations of the Disclosing Party under this Clause.

Confidential Information shall not include any information that (a) is publicly known at the time of disclosure, (b) is published or otherwise made known to the public by Discloser, (c) was generated independently without reference to the other Party’s Confidential Information, or (d) is required to be disclosed under a court order or pursuant to any law, governmental rule, regulation or statute, provided that Receiving Party gives the Disclosing Party, prior written notice of such disclosure, subject to applicable laws.

Receiving Party shall use the same standard of care with the Disclosing Party’s Confidential Information as it does with its own confidential information.

Upon termination or expiration of these Terms, and upon Disclosing Party’s request, the Receiving Party shall return or destroy all Confidential Information provided under these Terms.

The aforementioned obligation to delete all Confidential Information provided by Disclosing Party does not apply to Confidential Information contained in automatically generated routine backup files, where a deletion cannot be implemented with commercially reasonable efforts, provided that Receiving Party shall make no further use of such backup files other than for backup purposes. Furthermore, the obligation to delete shall not apply to Confidential Information or copies thereof which must be stored by Receiving Party as per applicable laws, provided that such Confidential Information or copies thereof shall be subject to an indefinite confidentiality obligation according to the terms and conditions set forth herein.

Both Parties acknowledge that breach of this provision by a Party would result in irreparable harm to the other Party, for which money damages would be an insufficient remedy, and therefore the other Party will be entitled to seek injunctive relief to enforce these provisions.

TERM AND TERMINATION

The Parties agree that these Terms shall commence from [●] (“Effective Date”) and shall be terminated on the expiry of the period agreed upon by both Parties or by either Party giving two (2) week prior notice to the other Party indicating its intent to terminate.

If either Party defaults in the performance of any material obligations under these Terms, the other Party may terminate these Terms by sending a written notice as stipulated hereinabove, unless such breach is curable and the Other Party cures such breach within one (1) week of receipt of such termination notice.

Lysto reserves the right to refuse access to use the Website, and the Playtesting Services to new Clients or to terminate any existing arrangement with existing Clients at any time without according any reasons for doing so. Availing of the Playtesting Services on the Platform is not available to any Client who is suspended or prohibited by Lysto from using the Website or the Playtesting Services for any reason whatsoever.

In the event of termination, the Parties’ respective rights and obligations under the Intellectual Property”, “Confidentiality”, “Warranty”, “Privacy”, “Pricing and Payment”, “Limitation of Liability” and “General Provisions” clauses of these Terms shall continue to survive.

PLAYTESTERS

We may employ third-party Playtesters for evaluating Gameplay Data and providing feedback and analysis on the same.

You acknowledge that the Playtesters will have access to your information on a need basis to assist us in rendering Playtesting Services, and the Playtesters are restricted from using the same for any other reason. The Playtesters are obligated not to disclose or use the information for any other purpose.

WARRANTY

The Playtesting Services facilitated by Lysto shall conform to the scope thereof, as mutually agreed upon between the Parties. In the event of a breach of this warranty, the Client’s sole remedy and Lysto’s sole obligation shall be the re-performance of the Playtesting Services by Lysto. Lysto’s obligation of re-performance shall be predicated on the Client notifying Lysto of the breach within a reasonable period, which shall be no later than ten (10) days from the breach, via e-mail, along with a description of the detected non-conformance.

The Client agrees that the aforementioned correction is the sole and exclusive remedy in the event of breach of the warranty.

Lysto represents that it has full power and authority to enter into these Terms and that entering into these Terms does not violate any previous agreement entered into by Lysto or to which Lysto is subjected.

Lysto represents that use of the Website and Lysto Intellectual Property do not infringe any third party intellectual property rights. Further Lysto represents that it shall bear no liability in the event that of infringement where such infringement is the result of the Client’s use of the Website, Lysto Intellectual Property or Gameplay Data in any way for which it was not intended to be used or where such infringement is the result of the Website, Lysto Intellectual Property or Gameplay Data being combined with any Client Intellectual Property. In such circumstance, you shall indemnify and hold Lysto, its officers, employees, directors and agents harmless from any and all claims raised or losses suffered in this regard.

The Client represents that it is the absolute owner of the game being uploaded to Lysto’s Website and of all intellectual property or licensing rights thereto to enable Lysto or its Contractors and the Playtesters to perform their obligations as per these Terms.

The Client represents that it has full power and authority to enter into these Terms and any representations made to Lysto or its contractors under these Terms shall have a binding effect on the Client and that entering into these Terms shall not result in the violation of any other agreement.

Lysto facilitates the Playtesting Arrangement for the Client’s information only. There shall be no liability on Lysto or its contractors for any decisions made on the basis of such Gameplay Data provided to the Client. Further, We will not be liable if, for any reason, our Website, the Platform or the Services (or any features within the Platform or the Services) are unavailable at any time or for any period.

DISCLAIMERS

The Playtesting Services is provided with the understanding that Lysto is not herein engaged in itself for undertaking these services. Lysto is a facilitator between the Playtesters and Clients and shall not in any manner way or form be liable for the Playtesting Services undertaken through the Website.

The Playtesters create accounts and upload information about themselves thereon. In light of the above, Lysto hereby clarifies that Lysto makes no warranty as to any information on the Website that is not authored by Lysto and shall bear no liability therefor. Lysto hereby clarifies that such content, as mentioned above, shall: (i) not be moderated or checked by Lysto, as it does to the Website content; (ii) be susceptible to being pulled down at any point of time; and (iii) not carry any guarantee of fitness and/or unhindered access, and may be stopped at any point of time.

Other than as expressly set out hereunder, Lysto expressly disclaims all warranties of any kind, whether express or implied, including, without limitation to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Lysto makes no warranty that the features and facilities shall meet your requirements, that the features and facilities shall be uninterrupted and/or timely and/or secure and/or error free; nor does Lysto make any warranty as to the results that may be obtained from the use of the features and facilities or as to the accuracy or reliability of any information obtained from the features and facilities.

Lysto does not warrant that the Website or any of the websites linked to the Website will be free of any operational hazards or errors or that it will be free of any viruses and/or worms and/or any other harmful components.

Lysto does not warrant or guarantee that the operation of this Website will be continuously secure. Security and privacy risks cannot be completely eliminated, and Lysto disclaims any and all liability in connection therewith.

INDEMNITY AND LIMITATION OF LIABILITY

You hereby agree to defend, indemnify and hold harmless Lysto, its officers, directors, employees, agents and/or Playtesters from and against any and all claims, damages, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Playtesting Services and/or the Website; (ii) your violation of any term of this Agreement and Privacy Policy; or (iii) your violation of any applicable law or any third party right, including without limitation, any copyright or intellectual property rights; and/or (iv) Your fraud, negligence or misconduct in the course of usage of the Playtesting Service and/or the Website. This defence and indemnification obligation will survive this Agreement and your use of the Service and Website.

In no event shall either party hereto be liable to the other for any indirect, consequential or incidental losses or claims, arising out of or in connection with the provision/availing of the Playtesting Services under these Terms of Use, even if advised of the possibility of the same.

Lysto’s aggregate liability to the Client shall be limited to the payments received from the Client for the Playtesting Services.

LYSTO DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES TOWARDS THE CLIENT, NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.

GOVERNING LAW:

These Terms shall be governed by the laws of Singapore without giving effect to any conflict of law principles that may require the application of the law of a different state or country.

DISPUTE RESOLUTION:

Any action arising from or relating to these Terms of Use must be brought in a competent court of law situated in Singapore. Lysto’s performance as per these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Lysto’s obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website, Playtesting Services, features and facilities or information provided to or gathered by Lysto with respect to such use.

You agree to resolve disputes only on an individual basis, pursuant to the provisions of these Terms of Use. You hereby expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, or any other proceeding in which You or any User acts or proposes to act in a representative capacity.

Save for the parties specifically identified at the beginning of these Agreement or expressly provided in this Agreement, any person or entity who is not a party to this Agreement whether or not any benefit is conferred or purported to be conferred on him directly or indirectly has no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term or condition of this Agreement.

ELECTRONIC COMMUNICATION

By accepting these Terms, the Client expressly grants its consent to receive notices and communication electronically from Lysto unless expressly intimated to Lysto otherwise. Communications may be posted on the Website and all such communications will be deemed to be in writing; and received by the Client when posted thereon. The Client is responsible for storing, and maintaining its own records of such communications. All notices to Lysto should be sent to the designated email address(es) provided for herein.

GENERAL PROVISIONS:

Neither Party may assign these Terms, without the prior written consent of the other Party except in case of mergers, acquisitions or sale of substantially all of the assigning party’s assets and even in such a case, the other Party shall be notified of the assignment within a reasonable period. Any assignment of the Terms except as provided herein shall be null and void.

The Terms shall not be construed to create any partnership, agency or joint venture between the Parties. You hereby acknowledge that the Playtesters are independent of Lysto and that Lysto shall not be held liable for their actions.

No failure or delay in the exercise of any right or entitlement under these Terms shall be deemed to be a waiver of such right or entitlement unless expressly declared to be a waiver by the waiving party.

Lysto will not be responsible for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, war, acts of terrorism, riot, failure of electrical, Internet, co-location or telecommunications service, acts of civil or military authorities, compliance with any law or governmental order, rule, regulation or direction, fire, floods, earthquakes, accidents, epidemics, pandemics, strikes, or fuel crises (together, a “Force Majeure Event”). In case of a Force Majeure event Lysto shall be relieved of its contractual obligations under these Terms and any liability for breaches.

PRIVACY POLICY

You understand that access to the Website and/or the Playtesting Services will result in use, collection and storage of your information/data which is subject to Lysto’s Privacy Policy.

You consent to the use, collection, and storage of your information/ data, which may be held, processed and stored by Lysto or its Playtesters in accordance with the terms of the Privacy Policy.

Please read our Privacy Policy at Privacy Policy.

If you should have any suggestions or questions regarding these Terms of Use, please contact Lysto at info@lysto.io.