Terms of Use

Effective Date & Parties

Effective date: 9/16/2025

Provider: Lemon Tree Studio Inc. (“Provider”, “we”, “us”)

User / Customer: an entity or person authorized to access the portal (“Customer”, “you”).

1. Agreement & Acceptance

By accessing or using the Provider’s analytics portal and related services (the “Service” or “Portal”), you agree to these Terms of Use (“Terms”). If you sign on behalf of an organization, you represent that you have authority to bind that organization.

2. Services

Provider will make the Portal available to you to view, analyze and export analytics, milestones and timeline data for games and related projects, subject to these Terms and any Statement of Work, Order Form or pricing plan you select.

3. Accounts, Access & Credentials

You are responsible for maintaining the confidentiality of account credentials and for all activity that occurs under your account.

You will: (a) provide accurate account information; (b) promptly update it; (c) keep credentials secure.

You must immediately notify Provider of any unauthorized use.

4. Customer Data; Ownership

“Customer Data” means any data, files or information you upload, submit or collect through the Portal (including gameplay telemetry, milestones, screenshots and related metadata).

You retain all ownership rights in Customer Data. Provider acquires no ownership rights to Customer Data except the limited rights needed to provide the Service (license to host, store, process and display).

You represent and warrant you have the right to provide Customer Data and that it does not violate any law or third-party right.

5. License to Provider

You grant Provider a non-exclusive, worldwide, royalty-free license to host, copy, transmit and display Customer Data as necessary to provide the Service, and to create anonymized/aggregated data for Provider’s internal business purposes (e.g., performance improvements, analytics), provided such aggregated data does not identify you or your users.

6. Privacy and Personal Data

Use of personal data is governed by the Provider’s Privacy Policy and, where applicable, a Data Processing Addendum (DPA).

If Customer Data includes personal data of EU residents (or other protected classes), the parties will comply with applicable data protection laws (e.g., GDPR, CCPA). Provider will act as data processor if required and will execute a DPA.

7. Acceptable Use / Prohibited Conduct

You will not:

• Use the Portal to transmit malware, infringing content, or unlawful material.
• Attempt to circumvent security, probe, or perform denial-of-service attacks.
• Reverse engineer, decompile or disassemble the Portal.
• Export data in violation of export laws.
• Share credentials or permit third parties to resell the Service without Provider’s written consent.

8. Fees, Payment & Suspension

Use of the Portal may require subscription fees as set in an Order Form.

Fees are non-refundable unless otherwise specified.

Provider may suspend or terminate access for non-payment or breach; Provider will use reasonable efforts to notify you before suspension where practical.

9. Data Retention & Export

Provider will retain Customer Data for the period stated in the plan or as required by law.

On termination, you may export your Customer Data within 30 days; after that Provider may delete it subject to backups and legal holds.

10. Security

Provider will maintain commercially reasonable administrative, physical and technical safeguards to protect Customer Data. You acknowledge no system is completely secure and agree to notify Provider promptly about any suspected breach.

11. Third-Party Services

The Portal may integrate third-party services and tools. Provider is not responsible for third-party availability or content and you must comply with third-party terms.

12. Warranties & Disclaimers

Provider will use reasonable efforts to provide the Portal in a professional manner, but the Service is provided “AS IS” and “AS AVAILABLE”.

EXCEPT AS EXPRESSLY SET OUT, PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO PROVIDER IN THE PRIOR TWELVE (12) MONTHS.

IN NO EVENT SHALL PROVIDER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY.

(If you prefer a different cap, adjust: e.g., USD $50,000 or sum of fees paid — have counsel confirm enforceability.)

14. Indemnification

You will indemnify and hold Provider harmless from claims arising out of your breach, misuse of the Portal, or Customer Data that infringes third-party rights or violates law, except to the extent caused by Provider’s gross negligence or willful misconduct.

15. Term & Termination

Term begins on your first access and continues until terminated by either party.

Either party may terminate for convenience with 30 days’ notice.

Provider may terminate immediately for material breach or misuse.

Termination does not relieve you from paying accrued fees.

16. Confidentiality

“Confidential Information” includes non-public business information and Customer Data.

Each party will protect the other’s Confidential Information with at least the same care used for its own.

Confidential obligations survive for two (2) years after termination (or longer for trade secrets).

17. Modifications to Terms & Service

Provider may change the Portal or these Terms; material changes will be communicated with reasonable notice. Continued use after notice constitutes acceptance.

18. Governing Law & Dispute Resolution

These Terms are governed by the laws of Ontario, Canada.

Parties will first attempt to resolve disputes in good faith. If unresolved, disputes shall be resolved by the courts located in Ottawa, Ontario, Canada (or binding arbitration if the parties agree).

19. Export Compliance

You will comply with applicable export laws and not use the Portal in violation of those laws.

20. Miscellaneous

Assignment: You may not assign the agreement without Provider’s consent.

Severability: If a provision is unenforceable, the remainder stays in effect.

Entire Agreement: These Terms, Order Forms, Privacy Policy and any DPA are the entire agreement between the parties.