Terms Privacy DPA Security Subprocessors

Terms of Service

The Short Version

  • We are The Casuals, a company based in The Netherlands that creates and develops FirstLook.gg.
  • If you are unhappy with FirstLook and don’t actively use it, you can get a refund.
  • You are responsible for your account and the player data you collect or import.
  • We comply and expect you to comply with international Privacy Regulations like the GDPR and CCPA.
  • Our terms include a Data Processing Addendum where we clarify that we are a processor of your data, and work on your behalf.
  • We do not sell your data or use it for anything else than provide FirstLook.
  • FirstLook is provided as-is and aim to support it for as long as you need it.
  • You can cancel your account at any time and we will delete your data within 60 days.

The full text of our Terms of Serivce follows below, the above is a summary and not legally binding.

Last updated: April 21, 2024

From everyone at FirstLook, thank you for using our product! We build it so you and your Studio can develop the best games possible. We aim to help Studios from all sizes and backgrounds. Because we don’t know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say “FirstLook”, “Company”, “we”, “our”, or “us” in this document, we are referring to The Casuals B.V., the company based in The Netherlands that creates and develops FirstLook.gg.

When we say “Services”, we mean our website, the FirstLook Web App, Onboarding tool, Discord Bot, and any product created and maintained by The Casuals B.V. in relation to FirstLook, whether delivered within a web browser, desktop application, mobile application, or another format.

When we say “Studio(s)”, “You” or “your”, we are referring to the people or organizations that own an account with our Service.

When we say “Player(s)”, we are referring to the people that are (interested in) playing your game and you interact with through our Service.

When we say “Player Data”, we mean the Personal Data of Players that you collect and store in our Service, which is strictly owned by you.

We may update these Terms of Service (“Terms”) in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders via email.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, building a great product, and keeping an open door to your feedback.

Account Terms

  1. You are responsible for maintaining the security of your account and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We for added security we do not use passwords, instead for each login we verify your ownership and access to the email address again using a Login Link, or by signing in through Google Workspace. You are responsible for using our Services in a private and secure manner, including signing out of your account and not using public computers to access our Services.
  2. You may not use our Service for any of the following purposes, and you may not permit any of your users to do so either:
    • Collect or extract information and/or user data from accounts which do not belong to you
    • Circumvent, disable, or otherwise interfere with security-related features of our Service.
    • Trick, defraud, or mislead us or other users, including but not limited to making false reports or impersonating another user.
    • Upload or transmit (or attempt to upload or to transmit) viruses or any type of malware, or information collection mechanism, including 1×1 pixels, web bugs, - cookies, or other similar devices.
    • Interfere with, disrupt, or create an undue burden on our Service or the networks or our Service connected.
    • Harass, annoy, intimidate, or threaten others, or any of our employees engaged in providing any portion of our Service to you.
    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Service.
    • Use our Service in a manner inconsistent with any applicable laws or regulations.
    • Use multiple accounts or organizations to evade paying for our Service.
  3. You are responsible for all Player Data colleccted, content posted to and activity that occurs under your account, including content posted by and activity of any users and players in your account.
  4. You must be a human with a minimum age of 18. Accounts registered by “bots” or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

  1. If you are using a the free plan of our Services, it is really free: we do not ask you for your credit card and — just like for customers who do pay for our Services — we do not sell your data.
  2. We explain the limits of the free plan before you sign up. When you reached the limits of the free plan, we ask you to upgrade. If you do not pay, certain functionalities may be limited until you make payment.
  3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
  5. We process refunds according a simple policy, if you are ever unhappy with our Services, contact us and we will do our best to set things right. If it means you didn’t use or can no longer use our Service, we’ll provide you with a full refund. Some examples of full refunds we will apply:
    • If you were just charged for your next month of service but you meant to cancel, we’re happy to refund that extra charge.
    • If you forgot to cancel your account a couple months ago and you haven’t used it since then, we’ll give you a full refund for a few back months. No problem.
    • If you tried our Service for a couple months and you just weren’t happy with it, you can have your money back. We may give a partial refund:
    • If you forgot to cancel your account but there has been continued activity by you or Players.
    • You upgraded your account but did not make use of the upgrade.
    • If you want to continue using the Service but we repeatedly had extended downtime or otherwise failed to provide the Service as described. At no point will we provide a refund for a charge that is more than 12 months old, or for accounts that have been closed due to a violation of these Terms.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. Within our Service, we provide a simple no-questions-asked cancellation link. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact us.
  2. All of your content will be inaccessible from our Service immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. We provide mechanisms for exporting and deleting your data from our Services before you cancel your account.
  3. If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect at the end of your billing cycle, and you will not be charged again.
  4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of our Service to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

  1. We make a promise to our customers to support our Services for as long as you need them. That means when it comes to security, privacy, and customer support, we will continue to maintain our Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
  2. Sometimes we change the pricing structure for our Service. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or Service.

Uptime, Security, and Privacy

  1. Your use of our Service is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for our Service but do take uptime of our applications seriously.
  1. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of our Service. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  2. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
  3. When you use our Services, you entrust us with your data and Player Data. We take that trust to heart. You agree that FirstLook may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
  • To help you with support requests you make. We’ll either ask for express consent before accessing your account, or consent will be implied from your question. Consent is always implied when you reach out with a support request that revolves around Player Data.
  • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause to prevent the errors from recurring.
  • To safeguard FirstLook. We’ll look at logs and metadata as part of our work to ensure the security of your data and our Service as a whole. If necessary, we may also access accounts to investiage potential abuse.
  • To the extent required by applicable law. We’ll access your data when we believe it’s necessary to comply with applicable law. If a government authority requests data, our policy is to redirect the authority to request that data directly from you. If we’re legally prevented from doing that, we’ll let you know that we’ve received a request unless we’re legally prevented from doing that too. We are based in The Netherlands and comply with Dutch law, and we will not provide data to authorities from other countries unless there is no other legal option.
  1. We use third party vendors and hosting partners to provide the necessary software, networking, storage, and related technology required to run our Service. You can see a list of all subprocessors who handle personal data for us in our Privacy Policy.
  2. For customers subject to the California Consumer Privacy Act (“CCPA”): FirstLook is a “service provider”, not a “business” or “third party”, with respect to your use of our Service. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms and the Privacy policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not our Services in a way that violates the regulations.
  3. For customers subject to the EU General Data Protection Regulation (“GDPR”) or United Kingdom General Data Protection Regulation (“UK GDPR”): FirstLook is a processer. These Terms incorporate our Data Processing Addendum (“DPA”) to process Player Data as defined in the DPA.

Copyright and Content Ownership

  1. All content posted on our Service must comply with U.S. copyright law.
  2. You give us a limited license to use the content posted by you and your users in order to provide our Service to you, but we claim no ownership rights over those materials. All materials you submit to our Service remain yours.
  3. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The Company or its licensors own all right, title, and interest in and to our Service, including all intellectual property rights therein, and you obtain no ownership rights in our Service as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms. Permission is granted to use our logo for the purpose of promoting your account or your use of our Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Service, use of our Service, or access to our Service without the express written permission of the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Services Adaptations and API Terms

We offer Application Program Interfaces (“API”s) for some of our Services Any use of the API, including through a third-party product that accesses our Service, is bound by these Terms plus the following specific terms:

  1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
  2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity other than time tracking, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
  3. Abuse or excessively frequent requests to our Service via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use our Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from our Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or our Service, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.

If you have a question about any of these Terms, please contact our Support team.

Governing Law

We’re based in The Netherlands and we comply with Dutch law and European Regulatioins. To cover all our bases, we state the following:

These Terms shall be governed by and construed in accordance with the laws of the Netherlands. All disputes resulting from or arising in connection with these Terms shall exclusively be submitted to the competent court of Amsterdam, the Netherlands, unless the dispute can be settled in an amicable fashion.

Adapted from the Basecamp open-source policies / CC BY 4.0

Thank you Basecamp for sharing your policies with the world! We have adapted them to fit our own needs and style.

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