Support Plans: Terms of Service
These terms of service ("ToS") govern the support services provided by Redpoint Games for premium users of its Unreal Engine Plug Ins and other ancillary software products ("RPPI"). The RPPI are available from the Unreal Engine Marketplace ("UEM"). The RPPI to which this document applies are listed, and and are available for purchase here.
All RPPI are owned and controlled by Redpoint Games (Australian Business Number: 67 144 773 753) ("Redpoint"). These terms apply to the support services provided by Redpoint to users of the premium support package for the RPPI only (the "Service"). The limitations around use of the RPPI's generally are governed by the UEM terms and conditions which can be found here.
By obtaining the premium support package for one or more RPPI, you acknowledge you have agreed to the UEM terms, and acknowledge that you have read these ToS, and that you agree to be bound by them. If you do not agree to the terms and conditions of these ToS, promptly exit this page and do not renew your support service subscription.
The Service will apply for as long as you continue to lawfully use one or more RPPI and maintain your subscription. However, the Service will terminate automatically without notice from Redpoint if you fail to comply with any of its terms or conditions, including a failure to pay the applicable fees. Upon termination, access to the Service will immediately cease.
3) Fees, Payment & Renewal
- The Service is a subscription based model. Pricing for the Service is listed on https://licensing.redpoint.games/support/plans. These fees are based on the number of seats required by your organisation, which will be determined by Redpoint in consultation with you. Fees are subject to change from time to time (with notice given to email addresses associated with active billing accounts) but are fixed for the annual term. Redpoint will bill on a non-refundable, annual basis in accordance with 3.3 below.
- Payments are either facilitated through ecommerce provider, Stripe ('Stripe'), or by direct bank transfer to Redpoint. Direct transfers may only be done with the prior consent of Redpoint, which will be provided at its discretion. When making any payment via Stripe in relation to your use of the Service, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website. Please note that depending on your location, the Stripe terms of service may vary slightly. Ensure you read and understand the terms of service that apply to you.
- Renewal is automatic and is done on an annual basis. Cancellation can be done at any time for the following year but must be received by us not later than 3 months before the conclusion of the existing term. For the avoidance of doubt, if you do not wish to renew your subscription to the Service, you must cancel your subscription at least 2 months prior to the conclusion of the 12 month anniversary of your original subscription date. Service customers are free to contact our support channels if they have any questions on billing by contacting us at [email protected].
4) Service and Service Response Times
The specifics around your access to the Service, and how you can contact us are all located at our Licensing Management page, which can be found here.
Redpoint acknowledges that Confidential Information that is disclosed to us, or comes into our possession in connection with the Services is highly confidential. Redpoint shall:
- keep all Confidential Information strictly confidential at all times;
- not disclose or permit any disclosure of the Confidential Information to any third party without your prior written consent except if the disclosure is required by law, in which case Redpoint agrees to notify you immediately;
- keep all of the Confidential Information absolutely under Redpoint control, and effect and maintain security measures to safeguard all of the Confidential Information from access or use by unauthorised persons; and
- not use or reproduce the Confidential Information for any purpose except as strictly necessary to perform the Services.
- For the purposes of this clause 5, "Confidential Information" includes any information in any form (written, visual and/or oral) relating to the business affairs of Redpoint customers, their intellectual property including without limitation all games and development ideas and materials, information about their licensees and customers, and any marketing, finance and legal affairs of its customers it may come into possession of, but does not include any information that is widely available to and known by the public (other than as a result of a breach of confidentiality by, or involving, you).
6) Limitation of Warranties and Liability
The Service, and the contents of the RPPI are provided on an "as is" basis, without any warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, or any warranty arising by law, statute, usage of trade, or course of dealing. You assume all responsibility and risk for the use of the Service and Redpoint disclaims all liability for any loss, injury or damage resulting from use of the RPPI and any third-party Service, whether direct or indirect.
In no event will Redpoint have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss. Redpoint's total aggregate liability with respect to its obligations under these ToS or otherwise with respect to the provision of the RPPI will not exceed $AUD1.00. The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.
You agree to indemnify and hold harmless Redpoint, and its subsidiaries, affiliates, officers, agents, and employees, and partners, from and against any third party claim arising from or in any way related to your use of the RPPI, violation of these ToS or any other actions connected with use of any content, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and legal fees, of every kind and nature.
These ToS is the entire agreement between you and Redpoint with respect to the Service only, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.
Redpoint may amend and/or modify these Terms of Service at any time in its sole discretion. Check back to this document from time to time. Your continued use of the RPPI constitutes consent to any changes.
These ToS will be governed by and construed in accordance with the laws of Victoria, Australia. You agree to be bound by the laws of that state.
We acknowledge the Traditional Owners of the land on which we are based. We pay our respects to their Elders past, present and emerging, and we extend that respect to all Aboriginal and Torres Strait Islander people today. Sovereignty was never ceded, and this always was and always will be Aboriginal Land.