End User License Agreement
Last updated: 19th August 2022
A quick summary:
(i) These Terms are legally binding on you when you access or download our services (such as our game, Predecessor).
(ii) Everything in the Terms is important and should be read by you, but we particularly draw your attention to the following:
· There are a number of rules set out in section 2 – if you breach these, we may stop you accessing our services. In particular, please be aware that if you are banned for cheating, then you will lose access to Predecessor and any in-game purchases.
· Section 6 (which sets out our liability to you) and section 7 (which sets out what happens in a dispute).
· Some products and services we may release on a ‘alpha’, ‘beta’ or ‘Early Access’ basis – this may contain bugs and require server / progress resets – see section 2.2.
· We may need to amend these Terms and our services in certain situations (e.g. to make technical improvements) – see section 3.
(iii) If you’ve got any queries or concerns about these
Terms, please email us at support@omedastudios.com.
1. About Omeda Studios and these Terms
1.1. What is this document? We are Omeda Studios Limited based at 7 Maplewood Court, 31 Eastbury Avenue, Northwood, England, HA6 3LL (trading from: [8 Devonshire Square, London, EC2M 4PL]) (also known as “Omeda” – we may also refer to ourselves as “We” in these Terms). These Terms are a legally binding contract between you and Omeda.
1.2. What do these Terms apply to? It covers all of our services – including our websites (https://omedastudios.com/ and https://www.predecessorgame.com/), our game (Predecessor), our customer support and social media (“Omeda Services”).
1.3. Are there any age restrictions? You must be at least 13 years old to use the Omeda Services. If you are between 13 and 18, please ask your parent or guardian to review and approve these Terms and to supervise your use of the Omeda Services.
1.4. Any questions? If you have any questions about these Terms, please feel free to email us at support@omedastudios.com.
2. Use of the Omeda Services
2.1. We ask you to follow a few rules if you access the Omeda Services. Please read them carefully, as failure to follow them will be considered a breach of these Terms, which could lead to suspension or cancellation of your access to the Omeda Services (including Predecessor).
(a) Personal Enjoyment. Only use the Omeda Services for your personal enjoyment, and not for any commercial, marketing or political purpose.
(b) Restricted Access. Do not attempt to copy, rent, sell, lend, lease, sub-license, distribute, publish or publicly display the Omeda Services or any of your rights under these Terms to anyone else not expressly permitted under these Terms.
(c) Misuse. Do not hack, harm, modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble the Omeda Services, (unless you are allowed to under your local laws), or any platform / network / server it runs on.
(d) Infringing Content. Do not do anything in connection with the Omeda Services that infringes copyright, trade mark, patent, trade secret, privacy, publicity or other intellectual property rights, including infringing the intellectual property of Omeda.
(e) Cheating. Do not create, use, publicise, make available and/or distribute cheats, exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools, mining or other software that interact with or affect the Omeda Services in any way.
(f) Conduct. Do not do or say anything that is or may be considered griefing, threatening, harassing, racist, ageist, sexist, transphobic, discriminatory, abusive, defamatory or otherwise offensive or illegal. You should also not ‘feed’ in-game. We reserve the right to monitor the content of the Omeda Services and any user-generated content.
2.2. Beta / early access. Please note we may release some Omeda Services before their full commercial release to test the features, capabilities and performance of the product or service. This could be a prototype, alpha, beta, Early Access or other pre-full release mode. Please remember that these versions may contain bugs, and that we might add or remove features or conduct server / progress resets (including for Virtual Goods). We might set other requirements too, which will be notified to you.
3. Changes to the Omeda Services and these Terms
We may make changes to the Omeda Services and / or these Terms for various reasons – such as to reflect changes in applicable laws or regulatory requirements and / or to implement technical changes or improvements (e.g. to address a security issue or changes in our business practices). If we make minor changes, these should not impact your use of the Omeda Services. If we make more significant changes to the Omeda Services and / or these Terms, then we will notify you reasonably in advance.
4. Licence and intellectual property
4.1. Who owns the Omeda Services? The Omeda Services including (but not limited to) its visual components, user interface, graphics, audio, video, text, layout, computer code, databases, data and all other content, with all the intellectual property rights and exploitation rights in them, are either owned by Omeda or licensed from third parties. All rights in the Omeda Services are reserved except as explained in these Terms. No ownership right or interest or other rights in the Omeda Services or any part of it is transferred to you. We grant you a personal, limited, terminable, non-exclusive, non-transferable licence to access, display, view and use the Omeda Services on authorised devices and platforms (subject to you abiding by these Terms).
4.2. What about third party content? We are not responsible for any third-party content on the Omeda Services (e.g. links to third party sites on our social media) or third-party services which you access the Omeda Services from (e.g. Steam, Epic Games Store).
What about user-generated content? On some Omeda Services you may be able to create and post user-generated content. You may also create your own content about the Omeda Services (for example, streams or videos of you playing Predecessor). By posting any user-generated content on or about the Omeda Services, you are giving us permission to use it (legally, you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your user-generated content in connection with the Omeda Services). If you do not agree to this, please do not post any user-generated content.
5. Virtual goods
5.1. Does Omeda offer virtual goods? Certain Omeda Services may let you purchase and/or otherwise obtain virtual, in-game digital items and content including cosmetic and in-game enhancements and other downloadable content (“Virtual Goods”).
5.2. Are there any additional payment requirements I should know about? If you buy Virtual Goods, you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. You are responsible for applicable fees and taxes.
5.3. What else should I know about Virtual Goods? Virtual Goods are digital items only with no cash-value or real world existence and cannot be 'bought', 'sold', gifted, transferred, traded or redeemed in any way. There may be some platforms where the Virtual Goods do have some limited transfer rights, which will be explicitly authorised and permitted by Omeda and the relevant platform. In legal terms, you receive a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable licence to use Virtual Goods solely for your personal entertainment and non-commercial use in the relevant Omeda Service (except where explicitly authorised and permitted by Omeda and the relevant platform), but Omeda remains the legal owner of the Virtual Goods at all times.
5.4. Can I obtain a refund for Virtual Goods? Your refund rights will depend on the terms of any applicable device / platform via which you access the Omeda Services from, in relation to Omeda itself:
If you are resident in the United Kingdom or the European Union: By law you have the right to withdraw from a purchase of the Omeda Services and/or Virtual Goods within 14 days of your purchase, without giving a reason. HOWEVER, when you make a purchase of Omeda Services and/or Virtual Goods, the relevant platform will obtain your consent to the immediate supply of Omeda Services and/or Virtual Goods and your acknowledgement that you will lose your withdrawal right as soon as that supply begins. This means that you lose your right of withdrawal as soon as your account is provided with access to the relevant Omeda Services and/or Virtual Goods (which is typically straight away). You may also have statutory refund (and other) rights if we supply you Omeda Services which are in breach of our statutory obligations (e.g. it’s not fit for purpose or not as described).
If you are resident elsewhere in the world outside the United Kingdom or European Union (including the USA): All purchases are final and no refunds will be made or returns accepted (except where you have a legal entitlement to this, if applicable).
6. Our responsibility and liability to you
6.1. There are certain situations where we will be responsible or liable for losses or damages you suffer. These are as follows:
(a) Where it would be unlawful.
We do not exclude or limit our liability to you where it would be unlawful to do so, this includes:
- Death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors).
- Fraud or fraudulent misrepresentation.
- Breach of your legal rights.
- For defective products.
(b) Personal losses. We only supply the Omeda Services for domestic and private use. If you use the Omeda Services for any commercial, business or re-sale purposes we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.
6.2. Subject to 6.1. above: (i) the total liability of Omeda (and its group companies) arising out of or in connection with these Terms will not exceed the total amount you have paid to us under these Terms during the twelve (12) months immediately prior to the event which caused the liability; (ii) the Omeda Services are provided on an “as is” basis and we make no specific warranty or representation in relation to the quality, completeness or accuracy of the Omeda Services.
7. Governing law and dispute resolution
7.1. What laws govern these Terms? You and we agree that your use of the Omeda Services and these Terms (and any issues arising out of them) will be governed by and interpreted in accordance with the laws of England, and any dispute regarding it will be under the jurisdiction of the courts of England. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the laws of your country of residence.
7.2. What happens if we have a dispute? We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally, we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a legal claim against Omeda, you should send it to legal@omedastudios.com.
8. Termination
8.1. How can I terminate these Terms? You can terminate these Terms at any time by permanently stopping use of the Omeda Services. Termination will not affect already existing rights or obligations of either us or you.
8.2. When can we suspend or terminate the Omeda Services?
(i)
In the unlikely event we suspend or permanently discontinue any of the Omeda Services, we will notify you in advance and, where appropriate, you may be entitled to a partial or full refund.
(ii) We may also suspend or terminate (temporarily or permanently) your access to the Omeda Services if you breach these Terms, including the rules set out in section 2. If we do this, we will not have any obligations or liabilities to you at all but we will use reasonable efforts to explain why we have done this and what (if anything) you can do as a result. If you’ve been banned by Easy Anti-Cheat, you can appeal the decision here: https://www.easy.ac/en-us/support/game/contact/appeal/.
9. Other legal matters
9.1. We can assign, subcontract or transfer these Terms to a third party or another member of our group (as part of any reorganisation or merger or for other business reasons), provided that this does not affect your legal rights (or with your consent).
9.2. These Terms govern our relationship with you (and vice versa). It does not create rights for anyone else, nor do they create any exclusive relationship between us nor any partnership, joint venture, employment or agency.
9.3. If any part of these Terms is found not to be legally enforceable, this will not affect any other part of it.
Omeda Studios: Privacy and cookie policy
Last updated: 18th August 2022
This privacy and cookie policy explains how we will process your personal data when you play Predecessor and when you otherwise interact with us, for example, when you use our website.
You must be at least 13 years old to sign-up for and play Predecessor.If you do not understand this page, please ask your parent or guardian to explain it to you. We collect information about you in different ways, for example, when you play Predecessor or use this website.When you register to play Predecessor we will ask you for information about you. We will need to use information we have about you to allow you to play Predecessor or use this website. This means we might need to share your information with people and companies who help us run our games and our website, and who might be based around the world. People around the world might also see your display name you use when you play Predecessor.Do not use a display name from which others could understand who you are. You (or your parent or guardian) can tell us if information we store about you is wrong or if you think we should delete some of your information or stop using it in a certain way. You can also ask to see your information at any time and can see your profile information via your account.If you are worried about how we handle your information, you or your parent (or guardian) can also email us at contact@omedastudios.com and speak to your national data protection authority.
Who are we?We are Omeda Studios Limited. Our registered office address is at 7 Maplewood Court, 31 Eastbury Avenue, Northwood, England, HA6 3LL, and our company number is 12425865 (Omeda Studios, we, our).We are a controller of your personal data under data protection legislation which means that we are responsible for how the personal data we hold about you is processed.We are registered with the Information Commissioner’s Office (registration number: 00010753452).
How do we collect personal data?We collect personal data directly from you. You will provide us with your personal data when you play Predecessor. You can play Predecessor via Steam and Epic and on Xbox and PlayStation. When you play Predecessor on these platforms we will receive your personal data from these platforms.We receive your personal data including, any information about you that you provide in the ‘Support Request’ field when you complete our ‘Here to Help’ form on our website.We may also receive your personal data through social media and other online platforms such as Twitter, Facebook, YouTube, Discord, Reddit, Instagram, and TikTok when you use tools to tag us and mention us in your posts, statuses, videos, and comments through your accounts on these platforms, and when you otherwise provide us with your personal data on our accounts on these platforms, e.g. when you comment on one of our posts on Facebook or Instagram or when you take part in discussions on our Discord channel. We may also collect your personal data through Steam when you communicate with us via a Steam forum.We may also collect your personal data from other individuals who may, for example, mention you in any communications they send to us.We will receive personal data about you when you take part in a job application process with Omeda Studios.
What personal data do we collect?When you log in to play Predecessor we collect basic log-in information such as your Predecessor account username, your Steam ID, and username or information related to your account with Steam, Epic, Xbox, and PlayStation such as your username or console ID. We may attach a unique reference ID to you as a player. This unique reference ID will be different to your console ID.We will also receive gameplay data, which will include information about your progress and choices you make on Predecessor about your character, statistics, and session time. We may receive data that relate to you and your devices such as your location, IP address, unique device ID, network and computer performance, language, and operating system. We may also receive information relating to your engagement with Predecessor, your preferences or activities on third-party platforms or websites as well as any relevant advertising or other analytics identifiers that our system of third-party providers may produce about you.We may also receive information about your hardware such as the CPU, RAM, GRAM, Graphics card, brand, model, and operating system.When you use the chat functionality on Predecessor we will have access to the chat history for all chats, which will include any personal data about you that is included in your chat history, for example, any comments you make in a chat.When you speak to other players on Predecessor via the voice communications functionality, we may receive the information you exchange with other players via this functionality, as well as recordings of your voice.We may also receive any data that is included in any correspondence you have with our team, including on any online forums, or when an individual mentions you in any correspondence they send to us.We will receive any personal data you or any third parties (such as recruitment agencies) provide as part of a job application process with Omeda Studios.
How do we use your personal data?In accordance with data protection laws, we will only process your personal data if we have a lawful basis for doing so.In respect of your personal data, these bases are: (i) if it is necessary to provide services to you under the performance of a contract we have with you; (ii) if we are required to do so in accordance with legal obligations; (iii) if you have given your consent; and, (iv) if it is in our legitimate interests to process your personal data, provided that none of these prejudice your own rights, freedoms and interests.The following is a list of the purposes for which we process your personal data, and the lawful basis on which we carry out such processing.
To facilitate you logging in and playing Predecessor = Necessary for the performance of a contract
Account verification = Necessary for the performance of a contract
Administering a connection between your Steam, Epic or console accounts and Predecessor = Necessary for the performance of a contract
Displaying in-game profiles or display names and leader boards = Necessary for the performance of a contract
To make event/content related information available to you = Necessary for the performance of a contract
To deliver marketing materials to you, including personalised advertising communications to you = Consent
To understand when players have interacted with advertising and been directed to our website = Legitimate interests of understanding the success of advertising campaigns
To administer gaming events = Legitimate interests of promoting our offerings, including commercial interests in expanding our business
To respond to communications, including player support queries received via online forums such as Steam or via our ‘Here to Help’ form on our website = Legitimate interests of handling communications
To record and analyse customer communications for training purposes = Legitimate interests of improving our customer service
To send you service messages and updates about Predecessor = Necessary for the performance of a contract
To prevent the use of Predecessor in breach of the terms of use or relevant legislation = Legitimate interests in running our business, including preventing data breaches or other misuses of information, preventing and mitigating other legal or reputational risks, and ensuring network security
To prepare and analyse statistics relating to the use of Predecessor by you and other users, testing, to investigate complaints, to seek and analyse feedback and to further develop the game = Legitimate interests of ensuring Predecessor is as enjoyable as possible
To analyse statistics that provide us with an understanding of the level of success of our marketing campaigns = Legitimate interests of better understanding our marketing campaigns
To share anonymised gameplay data with third-party services to analyse and/or publish = Legitimate interests of promoting, expanding and improving our business
To run our everyday operations, e.g. communications between employees in connection with the provision of our services = Legitimate interests of running our business
To administer and protect our business and the website including troubleshooting, data analysis and system testing = Legitimate interests of running our business, provision of administration and IT services, including network security
To administer a sale or possible sale of the whole of or part of our business or the restructuring of our business = Legitimate interests of facilitating any such possible or actual transaction or restructuring
To process any job applications you make with Omeda Studios = Consent
We may also process your personal data (a) to comply with a legal obligation we are under; and (b) for additional purposes in the future, but only if such purposes are compatible with those listed above and if we believe that the same lawful basis applies.In certain circumstances, you may be obliged to provide us with your personal data under a statutory or contractual requirement. This might include, but is not limited to, personal data we require to enter into an agreement with you; for tax and accounting purposes; and to enable us to fulfil our compliance and other obligations under relevant legislation or regulation. Failure to provide us with personal data required under a statutory or contractual requirement may prevent us from entering into or performing our obligations under a contract with you.
Information you make available on online platforms and PredecessorPlease remember that any communications you have on Predecessor may reveal details about you. Also, any information you post publicly, for example on Discord or Instagram, will be publicly available to other people.PLEASE DO NOT SHARE ANY SENSITIVE INFORMATION (FOR EXAMPLE, INFORMATION ABOUT MEDICAL CONDITIONS) ON PREDECESSOR OR OTHER ONLINE FORUMS OR OTHERWISE MAKE IT AVAILABLE TO US OR OTHER PARTIES VIA ANY POSTS OR COMMUNICATIONS.Our website may, from time to time, contain or connect you with third party content or services. Our Privacy Policy does not cover the activities of these third party sites or companies, so please refer directly to their privacy policies.
Launch sign up and updates If you have singed up to receive an email alert when Predecessor becomes available and for other updates that have to do with the game, we will contact you from time to time with information that has to do with the game.We would love to stay in touch with you, but we completely understand if you do not want to receive communications from us via email. Our communications will contain an ‘unsubscribe’ feature. This can be used to object to receiving future communications. If you unsubscribe from our communications, we will maintain a record of your unsubscribe request and associate it with your email address to ensure you do not receive future communications.
Marketing emailsIf you have consented to receiving marketing from us we will contact you from time to time with information that may be of interest to you. We would love to stay in touch with you, but we completely understand if you do not want to receive communications from us via email. Our communications will contain an ‘unsubscribe’ feature. This can be used to object to receiving future communications. If you unsubscribe from our marketing communications, we will maintain a record of your unsubscribe request and associate it with your email address to ensure you do not receive future communications.
When do we disclose your personal data?We may disclose your personal data to other parties. We may share your personal data with the following categories of recipients:
● Service providers we use to help us operate our business, including organisations that provide us with technology related services, such as Amazon Web Services, Inc (data storage and IT service management services) and Accelbyte Inc (game backend platform services).
● Contractors we engage to assist us in providing our services.
● Platforms or consoles you play Predecessor on such as Epic, Steam, Xbox and PlayStation.
● Social media and other online platforms such as Twitter, Facebook, YouTube, Discord, Reddit, Instagram and TikTok to communicate with you or to share photos and text that you share via your profiles on these sites, for example, when you tag Omeda Studios on a post that you make and we reshare that post via our profile on a social media site.
● External professional advisors who need to access such information for the purpose of advising us.
● Law enforcement bodies which may have any reasonable requirement to access your personal data, for example, in order to assist with any investigations, when we bring a claim or defend ourselves against a claim that requires the disclosure of personal data.
● Potential purchasers of our business or investors in it (including in the event of insolvency).
● Any third parties involved in the recruitment process for a job opening at Omeda Studios, for example, recruitment agencies.
International transfersWhen your data is transferred internationally, we are required to ensure you are afforded equivalent protection in respect of your personal data to that provided in the UK and the EEA.Generally, we will put in place appropriate safeguards when making international transfers, for example, by using specific contractual clauses which have been approved by the European Commission or international transfer mechanisms approved by the UK government together with supplementary measures if we deem it necessary in the circumstances, for example, further contractual commitments or enhanced security.
How long do we keep your personal data for?We will retain your personal data only for as long as necessary to fulfil the purposes we collect it for, including for the purposes of satisfying any contractual requirements or other legal, accounting, or reporting requirements.To determine the appropriate retention period for personal data, we consider the purposes for which we process the personal data, the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, whether we can achieve those purposes through other means and the applicable legal requirements.
Cookies and other tracking technologiesWe and third parties on our behalf may also collect information about you via cookies and other tracking technologies.
Website (www.predecessorgame.com)This section does not cover the cookies and other tracking technologies used on https://careers.omedastudios.com/. For more information on cookies and other tracking technologies used on https://careers.omedastudios.com/ please see here.We use different types of cookies and tracking technologies (including local storage and session storage technologies) on our website (www.predecessorgame.com).Cookies and other tracking technologies allow the website to recognise your device and store or access some information about your preferences or actions.We currently use the following types of cookies and other technologies on our website, some of which are set by us and some by third party providers:
NecessaryThose that are necessary for the operation of our website, for example, to distinguish between visitors who have accepted or not accepted non-necessary cookies and tracking technologies and to implement cookies according to visitor selection, and which enable core functionality such as security, credentials authentication, network management and accessibility.
Performance (analytics)Those that analyse the use of our website, including to detect and resolve problems with the website and improve our website.
FunctionalThose that are used to provide certain functionalities within our website, for example, to play YouTube videos embedded on our website.
Advertising (targeting)Those that are used to deliver advertisements about our game on third party websites and apps. Information collected by the cookies we use may include:
● the Internet protocol (IP) address used to connect your device or computer to the Internet
● the location of your device or computer
● information about your activity on our website, for example, information on items you have clicked on
● device and browser settings and metrics, for example, event errors and time zone settings
● content use history
● Uniform Resource Locators (URLs) used to gain access to, through and from our website (and relevant information regarding your visits).
Some of the cookies and other tracking technologies set on our website may be set by third party service providers. These providers have access to personal data about you, obtained when you use our website. We set out below the third party providers that set cookies and other tracking technologies on our website.
● Google
● YouTube
We use a combination of session and persistent cookies and other tracking technologies. Session cookies and session storage keep track of your current visit and how you navigate the website and persistent cookies and local storage enable our website to recognise you as a repeat visitor when you return. The session technologies will be deleted from your device when you close your browser. Persistent technologies remain on your device after you have left the website.In addition to being able to refuse non-necessary cookies and other tracking technologies through the functionality on our website, you can also manage these technologies through your browser settings.Most browsers have cookies enabled by default, but you are able to change your settings, which are usually found in the 'options' or 'preferences' menu of your internet browser. cookie You can block any cookies from any website by activating the setting on your browser that allows you to refuse the setting of some or all cookies. However, if you block all cookies you may not be able to access all or part of our website or use some features of our website. You can also use your browser settings to delete cookies. For more information about cookies please visit https://ico.org.uk/your-data-matters/online/cookies/
PredecessorWe do not use any technologies that read or access personal data on players’ devices on Predecessor.
Your rights:You have the following rights under data protection legislation. If you have any questions about your rights, or you wish to exercise any of these rights, please email contact@omedastudios.com.We may require you to provide forms of identity should you wish to exercise one of your rights below.Access: You are entitled to confirmation that we process your personal data and a copy of such personal data. Rectification: If the personal data we hold about you is incorrect, you have the right for this to be rectified. You may also update your personal data through your account settings.Erasure: You can request us to erase your personal data if there is no compelling reason to continue processing.Restriction: You may request a restriction on the processing we undertake on your personal data. This will only apply if we have no lawful basis to process your personal data, your personal data is inaccurate, or to comply with an objection request (see below).Objection: You may object to our processing of your personal data if our processing is carried out on the basis of legitimate interests. Please note, however, that should we determine that our interests are so compelling as to override your objection we may continue to process your personal data. You may object to receiving direct marketing at any time. Portability: You have the right to receive some of your personal data in machine-readable format. This right extends to you being able to request that such data is sent to a third-party controller.Withdrawing consent: If the lawful basis we rely on to process your personal data is consent you have the right to withdraw this consent. Please email contact@omedastudios.com to withdraw consent for the processing of your personal data.Complaining to a supervisory authority: Further information about your rights can also be obtained from your national data protection regulator – in the UK, this is the Information Commissioner’s Office (https://ico.org.uk/). If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with your national data protection supervisory authority, although we would ask that you contact us in the first instance. Your right to be informed: You can contact us to find out more or to ask any questions you may have about our use of your personal data.