These are the terms and conditions (hereinafter: “Terms and Conditions”) of the BV INITIAL SPARK, commercial name GIANT AXE GAMES, a company under Belgian law with registered offices at 2370 Arendonk, Heilaar 15 and registered with the Crossroads Bank for Enterprises under the number 1009.008.153 (hereinafter: “Giant Axe Games”).

1.1 In these Terms and Conditions the following terms have the following meaning, unless expressly states otherwise:

Content
Any content, data and information, that may be accessed through the Game/ Services, including but not limited to text, sounds, images, music, images, videos, sound effects, drawings, animations, characters, environments, (brand) names, stories, software, programs, computer code and other information.

Contract
The contract that arises between Giant Axe Games and the User in relation to the Services offered by Giant Axe Games. These Terms and Conditions and the Privacy Policy form an integral part of each Contract;

Distance Contract
A contract whereby, for the purpose of the contract, exclusive use is made of one or more means of distance communication up to and including the moment at which the contract is concluded, within the meaning of Article I.8.15° of the Belgian Code of Economic Law;

Durable Medium
Any medium - including but not limited to e-mail - that enables the User to store information that is personally addressed to him/her in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows for the unchanged reproduction of the stored information, within the meaning of Article I.1.15° of the Belgian Code of Economic Law;

Game
The video game titled Secret Agent Puzzle developed by Giant Axe Games;

Party
Each Party to this Contract;

Privacy Legislation
Refers to the General Data Protection Regulation (GDPR) of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of personal data and all Belgian implementing laws;

Privacy Policy
Giant Axe Games’s privacy policy, which explains how Giant Axe Games processes personal data, and accessible on https://www.giantaxegames.com/privacy-policy ;

Services
The services made available by Giant Axe Games, operating in conjunction with software of the Game and any other of Giant Axe Games’s apps, websites, games or services;

User
The user of the Game and/ or Services, exclusively natural person, acting for purposes outside his trade, business or profession;

User Profile
The digital identity created by the User within the Game upon acceptance of these Terms and Conditions and registration into the Game.

2.1 By purchasing, downloading or installing the Game through an application platform – such as Apple’s Appstore, Steam, Nintendo eShop or PlayStationTM Store–, by playing, using or otherwise accessing the Game or Services, the User agrees to be bound by these Terms and Conditions.

These Terms and Conditions constitute the entire Contract between the User and Giant Axe Games with respect to the access and use of the Game and Services and supersedes any (prior) agreement between them.

2.2 The Contract is considered a Distance Contract under the relevant applicable law. Before the (Distance) Contract is concluded, the text of these Terms and Conditions will be made available to and will need to be accepted by the User. The text of these Terms and Conditions will also be made available to the User electronically in such a way that it can be easily stored by the User on a Durable Medium. If this is not reasonably possible, it will be indicated before the (Distance) Contract is concluded where the Terms and Conditions can be consulted electronically and that they will be sent to the User free of charge electronically or in another way upon request.

2.3 According to Article VI.53,13° of the Belgian Code of Economic Law, the User does not have a right of withdrawal for the delivery of digital content that is not supplied on a material medium if the execution has started with their prior express consent and their acknowledgement that they thereby lose their right of withdrawal.

If the User purchases the Game directly from Giant Axe Games, they acknowledge losing their right of withdrawal upon playing, using, or otherwise accessing the purchased Game.

2.4 Giant Axe Games reserves the right, in regard of the change of relevant legislation, the change of market situation, the change of its business policy or at its own discretion, unilaterally to change, modify, cancel, add or remove parts of these Terms and Conditions at any time without a prior notice by posting the updated/amended Terms and Conditions including the day of its effectiveness on or within the Services. Such changes will be valid and effective as of the moment of posting on or within the Services. The User is responsible to be acquainted with the latest version of the Terms and Conditions and will be deemed to have accepted such changes by continuing to use the Services.

3.1 If an offer has a limited validity period or is subject to conditions (e.g. functionality or interoperability), this will be expressly stated in the offer. The offer always contains a complete and accurate description of the Services offered by Giant Axe Games and the rights and obligations attached to the acceptance of the offer (e.g. price including taxes, delivery method, payment method, delivery or execution of the Contract). The description is sufficiently detailed to allow the User to properly assess the offer. If Giant Axe Games uses images, these images will only have an indicative value.

3.2 Before ordering or playing the Game, the User is requested to agree to the Terms and Conditions and is asked to read the Privacy Policy, which are made available prior to the conclusion of the Contract and can also be consulted on the Website at any time after the conclusion of the Contract.

3.3 The Contract is concluded when Giant Axe Games confirms the User’s acceptance of the offer with a summary of the purchased Game(s). Until confirmation is received, there is no Contract, and either party can withdraw.

3.4 The User acknowledges that any acceptance of the Terms and Conditions by electronic means gives rise to a valid contract. Giant Axe Games may and can, with all legally permitted limitations, store and use electronic files in order to demonstrate that the User has accepted the Terms and Conditions electronically.

4.1 All prices listed on our Website and on the relevant application platforms include VAT unless otherwise stated. If any additional (administrative) costs are charged to you in addition to the price, these will be clearly stated in advance of your order, along with the applicable rates and the total amount to be paid.

4.2 The User pays a one-time fee for the use and access of the Game in accordance with these Terms and Conditions. The price displayed at the time of the order is the applicable price.

4.3 Users gain immediate access to the Game after their payment has been processed.

5.1 The Game is licensed, not sold. Giant Axe Games owns or has licensed all rights in and title to all Content. The User agrees not to have any right or title to any Content.

5.2 The Content is protected by copyright and other (intellectual) property rights. All intellectual property rights and derivative rights rest and remain with Giant Axe Games.

5.3 Each User is granted a limited right of access, use and display of the Content (hereinafter: “Right of use”). This license is non-exclusive, non-transferable and may only be used within a personal, non-commercial context. The User may not reproduce, publicly disclose or make available to third parties the Game and Content without the prior written consent of Giant Axe Games.

5.4 For reasons that include, without limitation, system security, stability, and operability, Giant Axe Games may need to automatically update, preload, create new versions of or otherwise enhance the Content and Services and accordingly, the system requirements to use the Content and Services may change over time.

5.5 In the event of any breach by the User of the provisions of Article 8, Giant Axe Games reserves the right to claim compensation from the User for the damage suffered.

6.1 The User is required to create a User Profile in order to exercise its Right of use. This license does not give the User the right to sell, republish, redistribute, transfer, or sublicense the Game and Content provided to the User by Giant Axe Games. This license applies to all types of intellectual property rights involved, as discussed in detail in "Article 5. Intellectual Property".

6.2 When creating the User Profile, the User must always fill in their data correctly, truthfully, accurately, and completely. It is (and remains) the User's sole responsibility to (have) outdated information corrected or deleted. Each User Profile is strictly individual and personal. The User Profile may not be transferred to third parties without the express consent of Giant Axe Games. The User is solely responsible for all actions taken with the User Profile and must also ensure the confidentiality of certain data linked to the User Profile, including login details. Any breach of confidentiality must be reported to Giant Axe Games so that the necessary measures can be taken.

6.3 The User may only use or access the Game/ Services in compliance with the Terms and Conditions, applicable laws, rules and regulations, the rights of third parties, and the generally accepted principles on the internet. The following actions are therefore strictly prohibited:

• Transmitting or facilitating the transmission of a virus, trojan horse, bot, worm, time bomb, cancelbot, corrupted data, keystroke logger, or other code or program routine which can alter, damage, detrimentally interfere with, or intercept, mine, scrape or expropriate any data of personal information from any of Giant Axe Games’ systems;
  
• Starting certain processes or software programs that the User can reasonably suspect may cause direct or indirect damage or inconvenience to other Users;
  
• Gaining unauthorized access to the User Profiles of other Users or any access area of the Game or Services which are not (meant to be) available to the public;
  
• Playing on or gaining access to another User’s User Profile for any purpose;
  
• Using a false identity and/or false data during registration and/or login. This also includes registration via a computer that acts as an open proxy;
  
• Taking or participating in any action with a disruptive effect or otherwise acting in a manner that negatively affects other Users, whether for personal or commercial purposes, including without limitation posing commercial solicitations and/or other advertisements for goods and services, repeatedly posting content of a similar nature.

These rules of conduct are not exhaustive and Giant Axe Games reserves the right to decide at its discretion whether the conduct of the User is in conflict with these Terms and Conditions.

6.4 Giant Axe Games does not actively monitor created User Profiles but reserves the right to take all appropriate measures in cases where this is required. If Giant Axe Games decides that the conduct of a User is in conflict with the rules stated by these Terms and Conditions, Giant Axe Games is entitled to decide at its discretion about the disciplinary sanction including but not limited to suspension, termination or deletion of the User Profile and/ or Right of Use.


7.1 Giant Axe Games declares that the Game is basically inclusive of such features and characteristics as mentioned in the offer and is also inclusive of such features and characteristics which result from the purpose for which it is provided or for which it usually used to be provided (i.e. that it has no defects/ errors that would impede with the purpose of its use), (ii) is provided to the User in required scope and quality, (iii) is within the requirements of the relevant applicable law and has no legal defects.

7.2 The User acknowledges and agrees that the Game and Services are provided on an “as is” and “as available” basis, without warranties of any kind. Giant Axe Games does not warrant that the Game/ Services will be uninterrupted or error-free; that defects will be corrected; or that the Game/ Services are free of viruses or other harmful content.

7.3 The User is aware and agrees that the use of the Game/ Services is at his/ her sole risk. Neither Giant Axe Games or any of its employees, directors or agents shall be liable for the (inability to) use/ access the Game/ Services and the possible consequences or damages that may result therefrom, nor for the loss or deletion of a User Profile.

7.4 Giant Axe Games’s or any of its employees’, directors’ or agents’ liability is in any case limited to the amount for which they are insured.

8.1 Giant Axe Games acts as the data controller for the provision of the Services. Each User and each person who has created a User profile expressly acknowledges having read the Privacy Policy.

8.2 The provided personal data will only be processed in accordance with the Privacy Policy and the Privacy Legislation.

9.1 If you have a complaint regarding our Game or Services, you can submit it to us via our email address support@giantaxegames.com. Please describe your complaint in as much detail as possible. You will receive a response from us as soon as possible.

9.2 If you need any assistance to use or access our Game/ Services, you can always contact us via our email address support@giantaxegames.com.

10.1 The invalidity, nullity, and/or unenforceability of any provision of these Terms and Conditions shall not in any way affect the validity and/or enforceability of the remaining provisions of the Terms and Conditions. The relevant provision shall be replaced by a valid provision that strives to achieve as closely as possible the purpose and intent of the invalid or voided provision.

10.2 The User accepts electronic evidence. The User is solely and exclusively responsible for the accuracy of all data that he or she provides. The final confirmation of the order by the User shall be considered acceptance of the order at the stated price. The User's confirmation shall be considered a signature and express acceptance of all transactions via the website.

10.3 In case of disputes between Giant Axe Games and the User, only Belgian law shall apply and only the courts of the Antwerp district, division Turnhout, shall have jurisdiction, unless otherwise provided in mandatory legal provisions.