Alpha Trial AGREEMENT

This Alpha Trial (the “Agreement”), is effective as of the date You accept this Agreement (“Effective Date”) and is entered into by and between realities.io Inc., with offices at Thiemannstr. 1, 12059 Berlin, Germany (“realities.io”), and You, an individual, serving as a play-tester (“You” or “Reviewer”), and relates to Your access to and use of the yet to be released game & game content Puzzling Places (collectively, the “Game”), the Puzzling Places Puzzle Maker and any and all content in and related to the Game, related Software and related Services (collectively, the “Alpha Trial”).

From time to time after the Effective Date You may elect to be a play-tester and participate in one or more other Alpha Trials that are made available to You by realities.io’s discretion. As used in this Agreement the phrase “the Alpha Trial” refers to each such Alpha Trial individually and all such Alpha Trials collectively. Similarly, in this Agreement, the phrase “the Game” refers to each Game that is the subject of an Alpha Trial individually and all such Games collectively. Unless realities.io requires You to agree to a different agreement at the time You register or sign up to be a play-tester or participate in a specific Alpha Trial, this Agreement will apply to all Alpha Trials of realities.io Games.

Your participation in and confidential access to the Alpha Trial are subject to the realities.io Privacy Policy You agreed to at the time You downloaded and started the Game and may be found, respectively, at: https://www.realities.io/privacy-policy 

By agreeing to this Agreement and participating in the Alpha Trial, You agree to comply with the terms of this Agreement and the Privacy Policy.

realities.io may amend or modify this Agreement at any time in its sole discretion by posting amendments on the realities.io website. When realities.io make changes to any component of this Agreement, the effective date of such change shall also be posted. When starting the Game, You will be asked to confirm Your acceptance to the revised Agreement (or component thereof) the first time that You log-in after the change has become effective. If You do not agree to the revised Agreement, You will not be able to continue participating in the Alpha Trial and You should email realities.io immediately at contact@realities.io to discuss immediate termination of your Alpha Trial participation.

By participating in the Alpha Trial or using any of the Services that are related to or connected with the Alpha Trial, You affirm that You have read and agree to comply with this Alpha Trial Agreement and the Privacy Policy.

1. Alpha Trial Services

From time to time, realities.io may offer or operate yet-unreleased Game Services and/or provide a range of other Game related services and features in connection with the Alpha Trial. These Services may include, for example, the possibility of creating a profile page, participating in a Alpha Trial Discord Channel (“Discord Channel”), downloading and uploading media and additional features.

realities.io reserves the right to reset the Game, Your Game account (if any), Your characters, inventory items, achievements, save games, and/or in-Game settings at any time during the Alpha Trial. In connection with a reset, realities.io may require You to agree to a new version of this Agreement in order to continue Your participation in the Alpha Trial and the terms above regarding modifications and amendment to this Agreement will apply to such new versions of this Agreement. realities.io also reserves the right to change and modify (i) the URL address for the Game, (ii) the Game, (iii) any Discord Channel, and (iv) the Services at any time. You agree that any such changes and modifications may cause a loss of data or Content or loss of function or utility related to the Alpha Trial. You agree that, to the extent permitted by applicable law, realities.io is not liable for any loss of data, Content, function or utility.

If the Alpha Trial includes the use of (i) Virtual Currency or (ii) in-game purchases (including without limitation Downloadable Content), the following terms apply. In connection with a reset of the Game during the Alpha Trial, realities.io may (i) reset all Virtual Currency to Your original amount, (ii) simply carry forward Your then-existing amount of Virtual Currency or (iii) zero out, delete or cancel any Virtual Currency in Your account at the time of the reset. All virtual items (including without limitation Downloadable Content and Virtual Currency), achievements, progressions and in-game services of any nature that You acquire during the Alpha Trial, either purchased with Virtual Currency, via a storefront or in-game wallet with real-world currency, with earned bonus points or otherwise (collectively, “Virtual Items”), may be deleted or removed from your inventory at any point by realities.io during the Alpha Trial. Without prejudice to the Statutory Obligations, if a Virtual Item You purchased with real-world currency is deleted or removed from your inventory during the Alpha Trial, Your account will be credited with Virtual Items of equal value. In the case of Virtual Items that include randomly selected items (such as card packs), Your account will be credited with an equivalent replacement and such replacement may have a different set of randomly selected items.

2. Representations of Reviewer

By agreeing to this Agreement, You represent and warrant to realities.io that (i) You have read this Agreement and the Privacy Policy prior to accepting this Agreement and are fully familiar with the terms and conditions; and (ii) You have not, and will not in the future, enter into any agreement or understanding, whether written or oral, with any third party that impedes or conflicts with the performance of Your obligations set forth in this Agreement. If You do not so agree to the terms and conditions in this Agreement or if You cannot make such representations, You will not be permitted to playtest the Game or participate or the Alpha Trial.

To participate in the Alpha Trial, You will need to install software on Your computer or console system, as applicable, including any and all items accompanying the software, such as an access key (collectively, the “Software”). An access key can be used only once. You agree that You will not provide any such Software (including any access key) to any other person or entity.

Any Software provided to You by realities.io in connection with the Alpha Trial may be distributed to You by realities.io alongside certain third party software (the "Third-Party Software") provided under separate license terms (the "Third-Party Terms"). All Third-Party Software is licensed to You only under the applicable Third-Party Terms.

You agree that realities.io is not liable for nor has control over Your actions; Your Account and/or sub-account(s); Your child account, if applicable; or any loss of data, character and/or inventory data, Content, function or utility related to the Game during the Alpha Trial; or any behavior of other person participating in the Alpha Trial.

3. Your Role

In connection with the Alpha Trial, and as further discussed in Section 4, below, You may provide comments to realities.io from the perspective of an end user consumer concerning the features or related elements of the Game. You agree to perform such tasks as realities.io shall direct related to the Alpha Trial in a timely manner as requested by realities.io.

You acknowledge the reliance of realities.io on Your honest, good faith, and unbiased commentary, suggestions, and evaluations of the Game during the Alpha Trial. You represent and agree that You will act at all times with the highest ethical standards in connection with Your participation in the Alpha Trial.

You agree that all tasks that You may undertake for or on behalf of realities.io relating to the Alpha Trial, whether at the request of realities.io or otherwise, shall be performed without monetary or financial compensation or benefit of any kind, and without any expectation of such financial compensation or benefit now or in the future. This paragraph will survive the termination of this Agreement.

You agree that You are acting as an independent contractor. Nothing contained in this Agreement shall in any way constitute or establish an intention of any employment relationship, association, partnership, or joint venture between the parties hereto. Neither party shall have the right, power, or authority to make any representation or warranty on behalf of, or to assume or create any obligation, whether express or implied, binding on the other party in any manner whatsoever.

4. Feedback

You acknowledge that realities.io may request from You and You may provide to realities.io suggestions, feedback, commentary, ideas, concepts, inventions, characters, plots, titles, designs, art work, programs, programming techniques, or other statements (collectively, “Feedback”) concerning the Game or other Confidential Information. You acknowledge that all Feedback, expressly including but not limited to any and all patent, copyright, trademark, trade secret and other intellectual property rights related to the Feedback, is original, voluntary and automatically shall become the property of realities.io and its designees. You acknowledge and agree that realities.io shall be free to disclose and use Your Feedback as realities.io sees fit without any obligation of any kind to You. You hereby assign and agree to assign realities.io all right, title, and interest in and to, and hereby waive and agree not to exercise any “moral rights” to, all Feedback provided to realities.io that relate to the Alpha Trial (including the Game and Confidential Information). To the extent that realities.io cannot claim exclusive ownership rights in all Feedback by operation of law or pursuant to the assignment noted above, and to the fullest extent permitted by law You hereby expressly grant to realities.io and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferrable, sublicenseable right and license to exercise all rights of any kind or nature associated with such Feedback in all formats and medium, whether existing now or in the future, and You agree not to assert or enforce any moral or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages and media now known or not currently known. You hereby constitute and appoint realities.io as Your attorney-in-fact for the purpose of executing such documentation. The rights of realities.io pursuant to this subparagraph constitute a power coupled with an interest, with rights of substitution and delegation, and are irrevocable. All Feedback will be the Confidential Information of realities.io. This paragraph will survive the termination of this Agreement.

6. Limited License to Use

Subject to Your compliance with all of the terms and conditions in this Agreement, realities.io grants to You, for Your personal and private use only, a nonexclusive, revocable, nontransferable license to use the Game, Software, Content, and Services solely in connection with Your participation in the Alpha Trial. You may not participate in the Alpha Trial or use the Game, Software, Content or Services for any other purpose or using any other method. Upon the completion of the Alpha Trial, if directed by realities.io, you agree to uninstall and/or remove the Game, Software and/or Content from your computer or console system, as applicable.

You agree that all intellectual property associated with or relating to the Alpha Trial, the Game, software, techniques, know-how, processes and methodologies (including but not limited to test results, statistical information, and other information generated from or created during the undertaking of the Alpha Trial) are and shall remain the sole and exclusive property of realities.io. Except for the express license set forth above, nothing in this Agreement shall be construed in any way to grant You any license, right, interest, or expectation whatsoever, express or implied, under any patent, trademark, copyright, trade secret, know-how or technology that realities.io may now have or hereafter have or generate relating to the Alpha Trial or the Game, this Agreement, other realities.io games or realities.io affiliates’ game or property that may be disclosed hereunder. Nothing in this Agreement shall be construed in any way to create or confer a right, interest, or expectation of You in or to any tangible or intangible property or property right of realities.io, or in or to any realities.io information which may be disclosed by realities.io to You. This paragraph will survive the termination of this Agreement.

You agree that realities.io may terminate the Alpha Trial and the license set forth above at any time, including without limitation, prior to the commercial release of the Game. In addition, realities.io may revise and change the Game at any time during the Alpha Trial.

Prior to the termination of the Alpha Trial for the Game, realities.io may limit access to and use of the Game, including without limitation, when realities.io is making updates and changes to the Game.

During the course of the Alpha Trial, regular and unscheduled wipes of player progression (which may include characters, character names, guild names and/or other personas) and/or saved games (which may include inventory) may occur at any time, at the sole discretion of realities.io. realities.io makes no guarantees about the persistence or availability of player progression or inventory items at any time during the Alpha Trial and assumes no liability for lost or deleted account data, including character data.

7. Confidentiality and Non-Disclosure

As a participant in the Alpha Trial, you acknowledge that all aspects of the Alpha Trial, including but not limited to the Game, the Puzzling Places Puzzle Maker, any generated puzzles, game content, features, mechanics, discussions in official feedback channels, and any other related materials (collectively, “Confidential Information”), are confidential and proprietary to realities.io.

You agree that you will not:

1. Share, distribute, or publicly disclose any Confidential Information, including but not limited to gameplay details, screenshots, videos, or user-generated content, outside of official feedback channels designated by realities.io.

2. Reproduce, copy, or make available any portion of the Alpha Trial or related content to third parties in any form, including but not limited to social media, forums, websites, or direct messaging.

3. Allow others to access, view, or interact with the Alpha Trial unless expressly authorized in writing by realities.io.

This obligation of confidentiality shall remain in effect for the duration of the Alpha Trial and continue thereafter until realities.io publicly releases the Game and its features or provides explicit written permission to disclose specific information.

Violation of this clause may result in immediate termination of your access to the Alpha Trial and may lead to legal action if necessary to protect realities.io’s intellectual property and confidential materials.

8. Disclaimer of Liability and Warranties

Limitation on Liability Provision of the Game under this Agreement is experimental and shall not create any obligation for realities.io to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop the Game either to the Tester or to any other party. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL realities.io OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Paragoni Apps HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Remedies of realities.io

The parties agree that Your obligations in Section 4 of this Agreement are of a unique character and that the material breach of any obligation in such Sections by You will cause realities.io irreparable injury. Therefore, realities.io shall be entitled to immediate equitable relief to prevent such injury and/or damage. All remedies hereunder, and all remedies provided at law, shall be deemed cumulative and are not exclusive. This paragraph will survive the termination of this Agreement.

10. Termination

If You do not agree to the current or revised terms and conditions of this Agreement,or, the Privacy Policy, You should email realities.io immediately at contact@realities.io to discuss immediate termination of your Alpha Trial participation.

11. Disputes

This Agreement shall be governed by and construed in accordance with the laws of the State of Berlin, Germany. as If performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Berlin, Germany and the parties hereby consent to personal Jurisdiction and venue therein.”