Terms and Conditions of Use – Voodoo Platform and Voodoo Academy

Last updated Oct 19, 2023

1. Introduction
  1. These terms and conditions of use (the “Terms”) govern the legal relationship between Voodoo, société par actions simplifiée, registered in the Business and Companies Register of Paris under No. 792 483 307 with registered office at 17 rue Henry Monnier, 75009 Paris (“Voodoo”) and any third party (a “User”) using the platform accessible via the URL https://publishing-platform.voodoo.io/ (the “Voodoo Publishing Platform”) and/or the platform accessible via the URL https://academy.voodoo.io/ (the “Voodoo Academy Platform”) (together the “Platform”). Voodoo and the User are hereinafter referred to collectively as the “Parties” and individually as a “Party”. 

  2. These Terms apply to all upgrades, updates and changes to the Platform.

2. Acceptance of the Terms
  1.  By checking the box “I accept the Voodoo Platform Terms and Privacy Policy” when the User submits his sign up form through the Voodoo.io website to obtain access to the Platform, the User acknowledges having read all these Terms and expressly accepts these Terms without any reservation.

  2. Voodoo reserves the right to update the present Terms at any time. Any modification will be notified to the User by email, giving the User the right to terminate these Terms during the notice period before the modified Terms become effective.

3. Description of the Platform
  1. Description of the Voodoo Publishing Platform – the Voodoo Publishing Platform consists of an online platform through which Voodoo finances marketing test campaigns (“Test Campaigns”) of mobile video games (the “Games”) submitted on the Platform by the User, to evaluate their potential with players. Voodoo accepts to pay for one Test Campaign per Game submitted on the Voodoo Publishing Platform up to a certain limit of US dollars and for a certain time period, as notified to the User in accordance with Section 5.5. If the Game is tested on Facebook, the User must create an app profile for the Game on the Facebook for Developers website, and communicate the Game application ID to Voodoo through the Voodoo Platform to test the Game through Voodoo’s Facebook advertising account. 

  2. Description of the Voodoo Academy Platform – the Voodoo Academy Platform consists of an online platform through which Voodoo provides a catalogue of educational videos giving guidelines on the development of hypercasual mobile games. The content of the catalogue and accessibility to all or part of the catalogue is subject to Voodoo’s discretion.  

4. Registration and User Account 
  1. Voodoo Publishing Platform – In order to be granted  access to the Voodoo Publishing Platform, a User must:

    • Fill-in the form accessible via the URL www.voodoo.io/publishing/sign-up (the “Registration Form”) in order to create a user account by indicating information such as their name, email address, and the link to the game they wish to test (the “User Account”) ; and

    • Hold a specific account on Facebook that enables the User to publish Games on the Facebook mobile application (to date identified as “Facebook Developer Account”);

    The registration to the Voodoo Publishing Platform is only available to:

    • individuals operating in the development of mobile video games (person age 16 years or older and who are not acting as consumers, as this term is defined in the French Consumer Code) and legal entities operating in the development of mobile video games; or

    • Individuals who wish to learn about mobile game development registered to the Voodoo Academy Platform and who have completed the onboarding learning path (“Academy Onboarding”). Individuals who completed the Academy Onboarding will receive access to the Publishing Platform via email and will not need to register again through the Registration Form indicated above. 

    Any minor User must obtain prior written authorization from a parent, guardian or any person having legal authority to access the Voodoo Publishing Platform.

    After receipt of a completed Registration Form, Voodoo will examine such Registration Form and may, at its discretion (acting reasonably), require additional information or documentation in respect of a User. Voodoo reserves the right not to proceed with the User’s registration (i) until such information and/or documentation has been provided or (ii) if the User does not comply with the requirements of this Section 4.

    If Voodoo accepts to proceed with the User’s registration, the User will receive an email at the email address given in the Registration Form with a link to create a password. Once the User creates a valid password, his/her/its User Account be validated and User will have access to the Voodoo Publishing Platform.

  2. Voodoo Academy – In order to be granted access to the Voodoo Academy Platform, a User must fill in the form accessible via the URL www.voodoo.io/academy/sign-up (the “Application Form”) in order to create a User Account by indicating their full name, email address, country of residence, birthday, current position, a social network URL, and the university or school name if applicable.

    The registration to the Voodoo Publishing Platform is only available to individuals (person age 16 years or older and who are not acting as consumers, as this term is defined in the French Consumer Code) who are students or who wish to become game developers. Any minor User must obtain prior written authorization from a parent, guardian or any person having legal authority to access the Voodoo Academy Platform.

    After receipt of a completed Application Form by Voodoo, the User will receive an email at the email address given in the Application Form with a link to create a password. Once the User creates a valid password, his/her User Account will be validated and User will have access to the Voodoo Academy Platform.

  3. The User shall keep their password which allows access to the Platform confidential and safeguard access to their User Account with due care. The User must inform Voodoo without undue delay if the User has reason to believe that an unauthorized third party has access to their User Account. In case the said third party had access to the User Account through the User’s fault, the User shall be solely responsible for any use of the User Account and the Platform by the said third party.

  4. All declarations made via the User Account are attributed to the User. Voodoo is entitled to rely on any declaration made via the User Account to have been made by the User. In respect of legal entities other than individuals, Voodoo is entitled to consider the (natural) person identified in a User Account to be authorized by the relevant User to act in the name and on behalf of the User, in respect of any action on the Platform.

5. Use of the Platform
  1. User is granted a right to use the Platform in accordance with these Terms. Each User undertakes to comply with these Terms. A User who does not accept and agree to these Terms may not use the Platform.

  2. Any costs associated with connecting to and using the Platform invoiced by access providers or telephone operators shall be exclusively borne by the User.

  3. In case the use of the Platform by a User does not comply with this Section 5, Voodoo may disable immediately and without prior notice the User Account.

  4. Any User whose User Account has been disabled for breach of the Terms is prohibited from creating a new User Account.

  5. Voodoo Publishing Platform – Games must be submitted by User on the Voodoo Publishing Platform by providing the Apple App Store or Play Store ID of the Game, a Facebook App ID, at least one video of the game and the game icon image. The User will be allocated a certain amount per day, per Game submitted, for the Test Campaigns.  After the submission of a Game on the Publishing Platform, the User will be able to access the results of the Test Campaigns directly on the Platform. By submitting a Game on the Voodoo Publishing Platform, the User acknowledges and accepts that Voodoo and its Affiliates have access to the results of the Test Campaigns. “Affiliate” means in relation to any person, any other person that, directly or indirectly, controls or is controlled by or is under the same control as such person, and the term “control” shall have the same meaning as in article L. 233-3 of the French Commercial Code. During a period of sixty (60) calendar days as from (i) the last iteration end date, or (ii) as from the test creation date (if no iteration was ever launched), the User shall not grant publishing rights on the said Game to any third party (the “Exclusivity Period”). Prior to the expiry of the Exclusivity Period, Voodoo shall notify, in writing (email to suffice), to the User if it wishes to be granted the exclusive publishing rights on the said Game. If Voodoo wishes to be granted the exclusive publishing rights on the said Game, the User undertakes to negotiate the terms and conditions of a separate exclusive publishing agreement on the aforesaid Game exclusively with Voodoo in good faith within thirty (30) business days as from the expiry of the Exclusivity Period (the “Exclusive Negotiation Period”). If the Parties do not agree during the Exclusive Negotiation Period, the User undertakes, during a period of three (3) months, not to grant the publishing rights on the aforesaid Game to any third party unless the User offered to Voodoo, in writing, the same rights under the same terms and conditions negotiated with the third party and Voodoo did not accept the offer.

    In any case, Voodoo will not pay more than one thousand US dollars (US$1,000) per day per Game for Test Campaigns.

  6. In addition to the User’s undertakings in Sections 5.1 and 5.2, the User of the Voodoo Publishing Platform undertakes:

    1. to comply with Section 5.5;

    2. not to hold, directly or indirectly, more than one (1) User Account to test the same Game;

    3. not to create, directly or indirectly, another User Account to test a game that has been refused by Voodoo on another account held, directly or indirectly, by the said User;

    4. not to include advertisements in Games submitted on the Voodoo Publishing Platform that are subject to Test Campaigns.

    In case the use of the Voodoo Publishing Platform by a User does not comply with this Section 5.6, Voodoo may, at its sole discretion, (i) disable immediately and without notice the User’s User Account(s) and/or (ii) request the reimbursement by the User of the sums paid by Voodoo for Test Campaigns that were not compliant with these Terms. Furthermore, in the case of Section 5.6(4), Voodoo will be entitled to receive, in addition, from the User an indemnity equal to fifty percent (50%) of the sums earned by the User with advertisings on Games.

  7. Voodoo Academy Platform – In addition to the User’s undertakings in Sections 5.1 and 5.2, the User of the Voodoo Academy Platform undertakes, during a period of six months as from the completion of its Academy Onboarding, to grant a right of first refusal on the publishing rights of any game they would develop (the “Exclusive Period”).

    In case the use of the Voodoo Academy Platform by a User does not comply with this Section 5.7, Voodoo may disable immediately and without notice the User Account. Any User whose User Account has been disabled for breach of the Terms is prohibited from creating a new User Account.

6. Intellectual Property and Limited License 
  1. Voodoo retains full ownership of all intellectual property rights protecting the Platform worldwide, including but not limited to copyrights, patent rights, trademark rights, database rights and design rights (whether registered or not).

  2. Voodoo hereby grants to the User a personal, worldwide, non-exclusive, non-transferable, non-sub-licenseable, revocable, limited license to access and use the Platform during the term of, and in compliance with, these Terms.

  3. The User retains full ownership of all intellectual property rights protecting the Games worldwide, including but not limited to copyrights, patent rights, trademark rights and design rights (whether registered or not).

7. Obligations and Responsibilities
  1. User shall:

    1. Use the Platform properly and refrain from any use for improper and/or illegal purposes; in particular, the User shall not (i) upload, store or make available on the Platform any Game or other data or file which contain malicious software; and (ii) use the Platform in a manner that significantly restricts or prevents the use of the Platform by other Users.

    2. Implement, operate and maintain at his/her/its own expense all technical prerequisites (hardware, software, and telecommunications) to use the Platform in accordance with these Terms within his/her/its area of responsibility as laid out in these Terms.

    3. Only permit access to the Platform to individuals who are authorized by it/him/her to act in the name and on behalf of the User in respect of any action on the Platform. 

    4. Raise any concern about the operation of the Platform, without undue delay with Voodoo.

    5. Not conduct any form of systematic or automated data collection related to the Platform.

    6. Not copy, duplicate, download, publish, transmit or otherwise reproduce, transfer, distribute, store, aggregate, or otherwise use in any form or by any means any content from the Platform in any manner that differs from the functionality of the Platform.

    7. Promptly notify Voodoo of any defects of the Platform (notice of defect) describing the defects.

    8. Be responsible for ensuring that all information provided by it in connection with the use of the Platform, in particular the creation of a User Account is complete, true and accurate and shall, for the duration of its his/her/its access to the Platform, update such information promptly upon being aware of any changes thereto. 

    9. Be responsible for ensuring that it, or anyone carrying out his/her/its obligations under these Terms on his/her/its behalf, comply with any applicable law governing the access and use of the Platform. 

  2. User shall not directly or indirectly: 

    1. Use or access the Platform for any purpose other than a purpose expressly agreed on under these Terms or expressly approved by Voodoo.

    2. Use or access the Platform in a manner that damages or adversely affects the reputation of Voodoo.

    3. Use or access the Platform in a manner that causes, or would cause, Voodoo to breach any applicable law, or any legal duty or obligation to any person.

    4. Use the Platform to create any software, product or system that is similar to the Platform. 

    5. Use the Platform in violation of any law or regulation or rights of any person, included but not limited to intellectual property rights. 

    6. Disassemble, decompile, reverse engineer, or use any other means to attempt to discover any source code or underlying ideas, algorithms or organization of the Platform or part thereof. 

    7. Use or access the Platform in a manner that may impact the stability of Voodoo’s system or may interfere in any way with the performance of Voodoo’s system. 

    8. Use the Platform in a manner that circumvents any of Voodoo’s technical, administrative, process or security measures or that disrupts or degrades the performance of the Platform or that tests the vulnerability of Voodoo’s systems or networks.

    9. Transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any of Voodoo’s system or data. 

    10. Sub-license, sell, lease, loan or transfer the use of the Platform to any other person.

  3. In case the use of the Platform by a User does not comply with this Section 7, Voodoo may disable immediately and without notice the User Account. Any User whose User Account has been disabled for breach of the Terms is prohibited from creating a new User Account.

8. Liability and Indemnity 
  1. The access to the Platform is provided to Users “as is”, namely without any guarantee of continuous operation without errors and interruptions. 

  2. In no event shall Voodoo or its licensors be liable for any indirect damages, including without limitation damages for loss of profits, revenues, goodwill, clientele, business opportunity or anticipated saving, or cost of procurement of substitute software, services or technology, or loss of data or use, incurred by user or any third party, even if Voodoo or its licensors have been advised of the possibility of such damages. The aggregate and cumulative liability of Voodoo and its licensors for direct and proven damages hereunder shall in no event exceed one hundred (100) Euros. The above limitations shall not apply in the event of (i) death or personal injury or (ii) User’s loss or damage resulting from intentional acts or gross negligence of Voodoo.

  3. The User shall indemnify and hold harmless Voodoo for and from any liabilities, losses, demands, damage, expenses and costs, including without being limited to third party claims, directly or indirectly caused by any breach of these Terms by the User or its legal representatives or agents. 

9. Electronic Communication 
  1. Any communication to be made in connection with these Terms may be made by unencrypted electronic mail or other electronic means. Until notified to the contrary, this is to be an accepted form of communication.

  2. Any electronic communication made in connection with these Terms will be effective only when actually received in readable form. 

  3. Any electronic communication which becomes effective, in accordance with sections 9.1 and 9.2 above, after 5.00 p.m. in the place of receipt shall become effective on the following business day. 

10. Duration and Termination 
  1. These Terms apply for an unlimited period of time subject to termination pursuant to this section. 

  2. Each of Voodoo and the User may at any time terminate the agreement concluded by these Terms in writing (e-mail or letter). Such termination will not affect the rights and obligations of the Parties in relation to a Game that arose prior to such termination, and in particular the rights and obligations of Section 5.5.

  3. In addition, Voodoo may terminate and/or revoke the User´s access to the Platform with immediate effect in the event of improper use of the Platform in accordance with Sections 5.4, 5.6 and 7.3.

11. Data Protection 

By acknowledging and accepting these Terms, the User expressly authorizes Voodoo to collect, store, process, forward and use personal data, in accordance with the Privacy Policy accessible below on this page.

12. Miscellaneous 

User may not assign, novate or transfer in any way, or charge the benefit of, any of his/her/its rights, liabilities, or obligations on a temporary or permanent basis to any third party. 

Should one or more provisions contained in these Terms prove to be invalid or unenforceable, this shall not affect the validity of the other provisions. The Parties shall replace the provision in question with a provision that comes closest to the intended economic purpose of the provision in question or, as the case may be, the contractual gap. 

These Terms, their interpretation and any non-contractual obligations in connection therewith shall be governed by the laws of France. 

To the extent legally permitted, the competent courts within the jurisdiction of the Paris Court of Appeal (Tribunal compétent du ressort de la Cour d’appel de Paris), shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including a dispute regarding the existence, validity or termination).

Privacy – Voodoo Platform and Voodoo Academy

Last updated March, 28th 2022

Voodoo is an international entertainment company specialized in the publishing of mobile games and applications. 

The purpose of this policy is to provide you with all the important information and explanations about how and why some of your data may be collected and processed by Voodoo when you use one of our applications or browse on our websites. This privacy policy governs and details the main principles that Voodoo applies to the data we collect and process to run our Publishing platform and Voodoo Academy.

This policy also aims to remind you about your rights and to provide you with all the elements you need to exercise them.

Should you have any questions related to this policy or our practices around privacy and data protection in general, please don’t hesitate to contact Voodoo Data Protection Officer as indicated in the contact section of this policy. 

Why does Voodoo collect data from its websites?

Like on most websites, when you browse on voodoo.io certain information about your connection and device(s) are automatically collected for the websites to operate properly. 

Voodoo and its partners also use cookies and similar technologies to analyze how our users interact with our services and administer the websites. Cookies are small text files stored on your browser that allow the collection of non-personally identifiable information related to your navigation on a website. 

You can control the use of cookies in your browser settings but if you choose to disable cookies it may affect certain websites’ functionalities.

What data does Voodoo collect from its websites?

For the purposes listed above the data that Voodoo and its partners collect is limited to:

  • Browsing events and interactions with the websites’ contents and services

  • Anonymized IP address and technical information related to your browser and/or device (user agent)

  • Information you provide us with voluntarily when you contact Voodoo

Analytics and third-party cookies

Voodoo uses Google Analytics, Segment, and Hotjar to collect information related to the web traffic on our Publishing platform. These services allow us to measure the performance and proper functioning of our website and to provide you with a better experience. Voodoo made sure to configure these tools in such a way that the information collected for this purpose is anonymized in a way that does not allow to identify any end users of our website.

For more information on the data protection and privacy aspects of these analytics services, you can refer to

Security and other important information

How long does Voodoo keep your data?

Personal data collected, received and processed for the purposes described in this policy is not kept longer than necessary by Voodoo. 

Voodoo does not retain user level data for more than 13 months except for the data collected for the purpose of its first-party analytics tool which can be stored up to 25 months based on the guidelines of our Supervisory Data Protection Authority.

Children data

Voodoo never knowingly or willingly collect any personal data concerning children under 16 years of age.

International transfers

Some of the partners and processors referred to in this policy are located outside of the European Union.

In such case, we ensure that:

  • the personal data is transferred to countries recognized as offering an equivalent level of protection or,

  • For personal data transferred outside of countries recognized by the European Commission as having a sufficient level of protection, any of the mechanisms offering appropriate guarantees is used, for which provision is made by applicable regulations, and notably the adoption of the standard contractual clauses of the European Commission.

What rights do you have?

Access right

Upon request, Voodoo will provide you with information about whether we hold any of your personal information. You may access or request deletion of your personal information directly in Voodoo mobile apps or by contacting Voodoo Data Protection Officer as indicated in the “Contact” section below. We will respond to your request within a reasonable timeframe.

Rectification and erasure

You may request Voodoo the rectification of inaccurate personal data concerning you, as well as the completion of incomplete personal data. You may also request Voodoo to erase without undue delay your personal data when it is no longer necessary for Voodoo to retain such data.

In order for your data to be erased or rendered inaccessible you can contact Voodoo Data Protection Officer, as indicated in the “Contact” section below in order to have the data previously collected by Voodoo on you and/or your device permanently erased or anonymized.

Portability

Upon request, Voodoo will provide you with the personal data that you provided to us and, if possible, will communicate this information directly to another data controller of your choice in a portable format when the processing is based on consent or contract.

Right to lodge a complaint

You may lodge a complaint with a Data Protection Authority. Voodoo being a French company, our supervisory authority is in France: CNIL www.cnil.fr

Contact

dpo@voodoo.io

Data Protection Officer – Voodoo – 59 rue Jean-Jacques Rousseau, 75001 Paris, France.