TERMS OF USE – DUNGEON ALCHEMIST
Briganti BV

Article 1. ACCEPTANCE OF THE TERMS 

Welcome to Dungeon Alchemist, an AI-powered fantasy game mapmaking software (SaaS) that enables the user (Hereinafter: “User”) to make high-quality content (hereinafter: “Software”). 
These terms of use (hereinafter: “Terms of Use”) provided by Briganti BV, with registered office at 2900 Schoten (Belgium), Amerlolaan 17 and with company registration number 0764.659.809. (Hereinafter: “Briganti’, “we”, “us” or “our”) will apply to the access and use of the Software. Please read these Terms of Use carefully before accessing and using the Software. 

In order to access or use the Software, the User will have to create an account on the platform(s) store.steampowered.com.
By accessing and using this Software, the User represents that he/she has the legal authority and legal capacity to accept these Terms of Use. If the User is under the age of 16, they cannot access, download and/or use the Software without parental consent. 

These Terms of Use constitute a legally binding agreement between the User and Briganti in relation to the Software. Any use of the Software must always be done in accordance with all applicable legislation and in a safe and secure manner.

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Article 2. RIGHTS OF USE 

2.1. When using the Software, the User must comply with all applicable laws. The User may only access and/or use the Software for lawful purposes and for the purposes for which they were intended as otherwise referenced in these Terms of Use. 

2.2. The User agrees to accept sole responsibility for the use of and the content made by the use of the Software and will hold Briganti harmless for any and all claims, damages and costs regarding the unlawful use or the use in breach of these Terms of Use including, but not limited to, reputational damages, attorney fees, etc.

2.3. Subject to the compliance with these Terms of Use and unless otherwise agreed upon, Briganti grants the User a personal, non-exclusive, non-transferable, non-sublicensable, revocable and temporary license (hereinafter: “License”) to access and use the Software. 

2.4. This right to use the Software implies the right to use the Software only for the specified purpose. The User explicitly acknowledges that the License is subject to the access and use restrictions set forth in Article 4 of these Terms of Use, which are in addition to any other access and use restrictions set forth herein.

Article 3. PRICES AND PAYMENT
In order to obtain access to and use the Software, the User will need to make a payment of the fee as indicated on store.steampowered.com.
    
Article 4. RESTRICTED USE

4.1. The User acknowledges, unless otherwise stated in these Terms of Use or unless otherwise explicitly agreed upon by Briganti, that he/she is allowed to use the Software to create content for limited commercial purposes (as set our hereafter).

If the User however qualifies as a legal entity (in the broadest sense) and uses the Software for commercial purposes, the current License cannot / no longer be used if the User (or its affiliates in the broadest sense) generate(s) an annual turnover of more than 100,000.00 USD (hereinafter “Professional”).

In this case, the Professional will need to contact Briganti (at info@briganti.be) from the moment this turnover is generated during any financial year and such in order to obtain a customized professional license for its activities.

If a User qualifies as a Professional and continues to use the License, Briganti can unilaterally terminate this Agreement (as set out in 9.1).

The User furthermore agrees and acknowledges that Briganti has the right to contact a User if Briganti has reasons to believe that the User qualifies as a Professional and that Briganti has the right to request from such User any and all reasonable financial information to verify (“right to audit”) whether the User qualifies as a Professional. In case a User fails to comply with such request, Briganti can unilaterally terminate this Agreement (as set out in 9.1).

4.2. Next to the restrictions in set out in Article 4.1, the User hereby acknowledges, that the following use of the Software is not allowed:
 
- Give, sell, rent, lease, timeshare, sublicense, disclose, publish assign, modify, patch, change, alter, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Software to any third party, or use the Software in any other way as explicitly stated in these Terms of Use; 
- Circumvent, disable or otherwise interfere with the technical security measures; 
- Reverse engineer, decompile or disassemble, decrypt or attempt to derive the source code of, of the Software, or any components thereof. 
- Interfere or attempt to interfere with the integrity or proper working of the Software; 
- Remove or alter Briganti’s or any third party’s identification, watermark, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part the Software; 
- Use the trademarks or any other intellectual property rights of Briganti without our prior written consent; 
- Use the Software to copy works from other users/third parties without their prior written consent. 
- Use the Software to develop a competing service or product; 
- Use the Software in any unlawful manner in any harmful, irresponsible, or inappropriate purpose, or in breach of these Terms of Use; 
- Use the Software to create content/works that infringes any intellectual property rights (sensu lato) of Briganti or any other third party. 
- Use the Software to create content that is contrary to public order and good morals (for ex. Racism, homophobia, etc.)  

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Article 5. DISCLAIMER OF WARRANTIES

5.1. Briganti will make all reasonable efforts to ensure the availability of the Software and/or the features that were purchased and to minimize the risk of any inaccuracies, interruptions or malfunctions. 

5.2. Notwithstanding the aforementioned, the User uses the Software at its own risk. The Software is provided on an “as is” basis. To the fullest extent permitted by law, Briganti and its affiliates expressly disclaim all warranties of any kind, whether express or implied, with respect to the specified Software (including but not limited to the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement).

5.3. Briganti makes no warranties or representations about the accuracy or completeness of the Software, the information, the text, graphics, links or other items available on or through the website linked to the Software

5.4. Briganti may make changes to the Software, or to the products described therein, at any time without prior notice. Briganti makes no commitment to update the Software;

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Article 6. LIABILITY

6.1. The liability of Briganti, its affiliates, its or their officers, employees, directors, shareholders, subsidiaries, or agents shall - at all times - be limited to the mandatory liability under the law taking into account the factual circumstances.

6.2. Briganti assumes no liability or responsibility for any (a) errors, mistakes or inaccuracies of content or confidentiality; (b) personal injury or property damage, of any nature whatsoever, resulting from the access to the use of the Software of Briganti; (c) any unauthorized access to or use of the servers of Briganti and/or any and all personal information and/or financial information stored therein (including any and all User submissions); (d) any interruption or cessation of transmission to or from the Software of Briganti; (e) the content created by the User using the Software (f) any bugs, viruses, Trojan horses, etc. which may be transmitted to or through the Software, website or any other product of Briganti by any third party; and/or g any infringement by its Users of the intellectual property rights of third parties and/or other Users (h) for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the Software of Briganti, unless in the event of a serious or deliberate error attributed to Briganti with regard to the fulfilment of its obligations; 

6.3. The liability of Briganti shall in any case be limited to direct damage arising from the shortcomings and be subject to a maximum liability to the amount of the invoice and/or the amount that the insurance company of Briganti will pay out in such case, whichever is the lowest.

6.4. Under no circumstances shall Briganti be liable for indirect or consequential damages (including, but not limited to damages for loss of revenue, profits, goodwill, use, data or other intangible losses). 

6.5. The User is solely responsible and liable for the content that he/she creates using the Software. The User shall indemnify and hold Briganti harmless for any and all claims from third parties regarding any content created by the User. 

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Article 7. FORCE MAJEURE AND HARDSHIP

7.1. In case of force majeure or unforeseen circumstances (Hereinafter: “Force Majeure”), Briganti shall, after notifying the User, have the right to cancel all or part of any obligations or to suspend their performance, without being liable for any compensation. 

7.2. Without being exhaustive, the following circumstances will be construed as cases of Force Majeure (and/or hardship): Technical problems encountered due to cyberattacks, strikes, lock-outs, acts of war, riots, fire, orders, regulations or instructions from any governmental or administrative authority, errors or delays attributable to third parties, pandemics and/or epidemics.

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Article 8. INTELLECTUAL PROPERTY

8.1. Unless otherwise agreed in writing, all intellectual property rights, including, copyrights, patent rights, trademarks, designs, know-how, concepts, images, drawings, (test) models, brands, logo’s, software, etc. that are provided, whether registered or not, are the property of Briganti (hereinafter: “Intellectual Property Rights”). 
All information, oral or written, provided by Briganti to the User shall remain the property of Briganti, and the User may only use the information for the purpose for which it was provided. The User shall not provide the information received from Briganti to third parties, in any manner whatsoever, except insofar as may be reasonably necessary, and if so, only after and insofar as an obligation of confidentiality has been agreed. 

8.2. No single element of these Terms of Use may be construed as a transfer of these Intellectual Property Rights. It is only a right to use the Software that is granted, within the restrictions set down in Article 2 and Article 4 of the Terms Of Use. 

8.3. The User must abide by all copyright notices, trademark notices, information, and restrictions contained in or associated with any content on the website or mobile application of Briganti. The User agrees to not remove, alter, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Software, website or mobile application of Briganti or any digital rights management mechanism, device, or other content protection or access control measure associated with the Software of Briganti.

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Article 9. TERMINATION

9.1. Briganti reserves the right, in its sole discretion, to unilaterally terminate a User’s right to use (and license concerning) the Software with immediate effect in case: 
- The User fails to fulfil the provisions under these Terms of Use
- Misuse or deception by the User of the Software as stated in Article 4
- Briganti discovers that the User qualifies as a Professional as stated in Article 4.1 and continues to use the License or fails to provide the financial information requested by Briganti;
- And for any other reason Briganti would (at its sole discretion) consider to be in her interest (e.g. to avoid any reputational or other damages);  

The User recognizes that in case of termination by Briganti he has no right to any indemnification.

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Article 10. CHANGES 

Briganti may unilaterally decide to change, remove or add clauses to the Terms of Use. When the Terms of Use are modified, they shall be uploaded and marked with the revision date. 
If the modifications are material, reasonable efforts will be made to notify the User of the material modifications. 
Unless otherwise specified, all revised, modified new Terms of Use shall take effect immediately and are applicable to the Software, except material changes which shall take effect 10 calendar days from the date of notification.

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Article 11. HELPDESK

If the User encounters any difficulties using the Software, the User can contact the helpdesk via support@briganti.be.

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Article 12. MISCELLEANEOUS

12.1. If one or more provisions are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of this Agreement shall not be affected and shall continue in full force and effect. In such event, the Parties shall in good faith amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision in such a way as to reflect insofar as possible the purpose of the invalid, illegal or unenforceable provision(s). 

12.2. All disputes concerning this Agreement shall be governed by Belgian law. The courts of Antwerp (Belgium) shall have exclusive competence over said disputes. 

Date last revision: 14 October 2021