End User License Agreement
Last Updated: January 16, 2025

This End User License Agreement ("Agreement") constitutes a legal agreement between you ("you," "your," or "Developer") and, if applicable, the entity on whose behalf you are accessing or using the Services, and Main Tank Software ("MTS," "we," or "us"). 

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT.

1. Service Overview
BugQuest provides automated error reporting, crash analytics, and cheat detection solutions specifically designed for game developers. The Service automatically collects and analyzes crash reports, error information, and device data from games to help developers identify and resolve technical issues, detect unauthorized modifications to games, and prevent cheating.

2. License Grant and Restrictions

2.1 License Grant
During the term of this Agreement, we grant you a non-exclusive, non-transferable license to:
a) Access and use the Services for your internal business purposes
b) Download and use our software development kit ("SDK") to integrate with your games
c) Distribute the necessary binary files included in the SDK to your end users solely for use with the Services

2.2 Restrictions
You shall not:
a) Use the Services to create competing products or services
b) Reverse engineer, decompile, or attempt to discover source code of the Services
c) Sell, sublicense, or redistribute the Services
d) Use the Services for any illegal purposes or in violation of any laws
e) Use the Services in a way that violates applicable privacy or data protection laws

3. Service Data Collection

3.1 Service Data
"Service Data" means data automatically collected from your games through the Services, including:
a) Crash reports and stack traces
b) Technical error and diagnostic information
c) Technical information about the device running the game (including operating system, hardware specifications, and device identifiers that could uniquely identify the device for error reporting and to enforce game bans against cheaters)
d) Game session information and metadata necessary for error analysis and cheat detection
e) Information about game modifications and runtime behavior for cheat detection purposes
Our use of Service Data and any other data you send to us is governed by our Privacy Policy. MTS owns all right, title, and interest in and to the Service Data.
Developer may also send additional information to the Services through log messages, error reports, or other means. Such developer-supplied information is not considered Service Data under this Agreement and is not covered by our Privacy Policy. MTS has no control over its content, and Developer is solely responsible for ensuring any developer-supplied information complies with applicable laws and does not contain sensitive or personal information beyond what is necessary for debugging purposes.

3.2 Developer Responsibilities
You are responsible for:
a) Properly implementing the SDK according to our documentation
b) Providing appropriate notice to end users about the collection of Service Data and our Privacy Policy
c) Ensuring you have the right to collect and send Service Data to us
d) Complying with all applicable privacy laws and regulations, particularly those regarding device identification
e) Honoring opt-out requests for Service Data collection if necessary

MTS acts solely as a service provider to Developers and do not have direct interaction with End Users. Developers are responsible for ensuring compliance with all applicable laws, including providing End Users with required notices, obtaining necessary consents, and honoring opt-out requests.
4. Security and Protection

4.1 Security Measures
We implement reasonable technical and organizational security measures to protect Service Data.

4.2 Confidentiality
Each party agrees to protect the other party's confidential information. Developer agrees to not use the Service to send confidential information to MTS from End User devices.

5. Warranties and Disclaimers

5.1 Developer Warranties
You warrant that:
a) You have the right to collect and submit all Service Data through your game
b) You have provided all necessary notices and obtained all necessary consents from end users
c) Your use of the Services will comply with all applicable laws, including privacy and data protection laws
d) You will not use the Services for games containing malware

5.2 Disclaimer
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6. Limitation of Liability

6.1 Consequential Damages Waiver
EXCEPT FOR EXCLUDED CLAIMS, NEITHER PARTY (NOR ITS SUPPLIERS) WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THEIR POSSIBILITY IN ADVANCE.

6.2 Liability Cap
EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY'S (AND ITS SUPPLIERS') ENTIRE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) US$1,000 OR (B) THE AMOUNTS PAID OR PAYABLE BY DEVELOPER TO MTS DURING THE PRIOR 12 MONTHS UNDER THIS AGREEMENT.

6.3 Excluded Claims
"Excluded Claims" means:
a) Developer's breach of Section 2.2 (Restrictions)
b) Developer's breach of Section 3 (Service Data Collection)
c) Developer's breach of Section 4.2 (Confidentiality)
d) Either party's obligations under Section 7 (Indemnification)
e) Developer's breach of any license limitations or usage restrictions

6.4 Nature of Claims
The waivers and limitations in this Section 6:
a) Apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise
b) Apply even if any limited remedy in this Agreement fails of its essential purpose
c) Survive and apply to any cause of action whatsoever
d) Apply whether or not foreseeable or contemplated by the parties

7. Indemnification

7.1 Indemnification by Developer
Developer will defend, indemnify, and hold harmless MTS, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
a) Any Service Data submitted to the Services
b) Developer's breach or alleged breach of Sections 2.2 (Restrictions), 3 (Service Data Collection), or any other material term of this Agreement
c) Developer's failure to provide appropriate notices or obtain necessary consents
d) Developer's use of the Services in violation of law or third-party rights
e) Integration of the Services with Developer's games

7.2 Indemnification by MTS
MTS will defend, indemnify, and hold harmless Developer from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to any claim that the Services, when used as authorized under this Agreement, infringe any third party's valid patent, copyright, or trademark.

7.3 Indemnification Procedures
The indemnifying party's obligations are conditioned on:
a) Prompt written notice of the claim
b) Exclusive right to control and direct the investigation, defense, and settlement of the claim
c) All reasonable cooperation from the indemnified party, at the indemnifying party's expense for reasonable out-of-pocket costs
d) The indemnifying party may not settle any claim requiring the indemnified party to admit fault or take or refrain from taking any action without the indemnified party's prior written consent
e) The indemnified party may participate in the defense with its own counsel at its own expense

8. Term and Termination

8.1 Term
This Agreement commences on the date you first accept it and continues until all Developer accounts for the Service have expired or have been deleted.

8.2 Subscription Periods
Each subscription period will automatically renew for additional periods equal to the expiring subscription period unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription period.

8.3 Termination for Cause
Either party may terminate this Agreement and any subscriptions immediately upon written notice if:
a) The other party materially breaches any term of this Agreement and fails to cure such breach within 30 days after written notice
b) The other party becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to any bankruptcy or insolvency proceeding
c) The other party ceases operation without a successor

8.4 Service Discontinuation
MTS may discontinue offering the Services. If Developer is a paid subscriber, MTS will give at least sixty (60) days prior written notice to Developer. In such event, MTS will either:
a) Continue providing the Services until the end of Developer's then-current subscription period, or
b) Provide a pro-rata refund for any prepaid fees covering the period after the Services are discontinued.

8.5 Termination for Compliance
MTS may terminate this Agreement and any subscriptions immediately upon notice if reasonably necessary to comply with applicable law or the order of a court or other governmental body.

8.6 Suspension Rights
MTS may suspend access to the Services, without liability:
a) If Developer breaches Section 2.2 (Restrictions) or Section 3 (Service Data Collection)
b) If Developer's account is 30 days or more overdue
c) If Developer's use of the Services poses a security risk or may adversely impact the Services
d) If suspension is required by law or governmental request

8.7 Effect of Termination
Upon termination or expiration of this Agreement:
a) All rights and licenses granted to Developer will immediately terminate
b) Developer must immediately cease all use of the Services
c) Developer must uninstall and destroy all copies of the SDK
d) Each party will delete or return all confidential information of the other party
e) Developer must pay any outstanding fees covering the remainder of the subscription period

8.8 Survival
The following sections survive expiration or termination of this Agreement:
a) Section 4.2 (Confidentiality)
b) Section 6 (Limitation of Liability)
c) Section 7 (Indemnification)
d) Section 8.7 (Effect of Termination)
e) Section 8.8 (Survival)
f) Any payment obligations
g) Any other provisions which by their nature should reasonably survive termination

9. Binding Arbitration

9.1 Arbitration Procedures
You and MTS agree that, except as provided in Section 9.4 below, all disputes, controversies, and claims related to this Agreement (each a "Claim"), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") with a single arbitrator and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.

Except as otherwise set forth in Section 9.4 below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and MTS will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and MTS may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND MTS WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

9.2 Location
The arbitration will be conducted in the city of Atlanta, Georgia, USA, unless the parties agree to video, phone, or internet connection appearances.

9.3 Limitations
You and MTS agree that any arbitration will be limited to the Claim between MTS and you individually.

YOU AND MTS AGREE THAT (I) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (III) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.

9.4 Exceptions to Arbitration
You and MTS agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or MTS's intellectual property rights; and (ii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.

9.5 Arbitration Fees
If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be apportioned pursuant to the JAMS Rules.

9.6 Severability
You and MTS agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 9.4), that portion will be severed and the remainder of the Section shall be given full force and effect. If Section 9.4 is found to be illegal or unenforceable, then neither you nor MTS will elect to arbitrate any Claim falling within that portion of Section 9.4 found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within the city of Atlanta, Georgia, USA, and you and MTS agree to submit to the personal jurisdiction of that court.

10. General Provisions

10.1 Governing Law and Jurisdiction
This Agreement shall be governed by Georgia law, without regard to its conflict of laws principles. Any Claims not subject to arbitration under Section 9 shall be subject to the exclusive jurisdiction of the courts located in Atlanta, Georgia.

10.2 Modifications 
We may modify this Agreement from time to time. Continued use of the Services after notification of changes constitutes acceptance.

10.3 Assignment
You may not assign this Agreement without our prior written consent.

10.4 Severability
If any provision of this Agreement is held invalid or unenforceable, it will be modified to the extent necessary and the remaining provisions will remain in effect.

10.5 Complete Agreement
This Agreement constitutes the entire agreement between the parties regarding the Services and supersedes all prior agreements.