Last Updated On July 15, 2024

PLEASE READ THIS AGREEMENT BEFORE DOWNLOADING, INSTALLING AND/OR RUNNING THE GAME. BY DOWNLOADING INSTALLING AND/OR OPERATING THE GAME, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT.

These terms of use, ("Terms of Use”) govern your use of the website, https://lysto.gg (“Website”), and any other microsite, hyperlink, or URL as may be created or operated by Digitible Pte. Ltd. (“Lysto”) from time to time (“Website”), and any other software, tools, features, or functionalities of the Website. The acceptance of these Terms of Use by you will enable you to participate in the playtesting of different games uploaded by different game developers on the Website (“Playtest”).

The Website is owned and operated by DIGITIBLE PTE. LTD., a company incorporated under the laws of Singapore, and having its registered office at 20 Bendemeer Road, #03-12 BS Bendemeer Centre, Singapore – 339 914.

This user agreement (“Agreement”) is an agreement between various third-party individuals who enrol on the Website( “Playtesters”, “you” or “your” as the context requires), and review and provide research data and performance analytics of games uploaded by various game developers on the Website (“Playtesting Services”) and Lysto ("we", “us” or "our" as the context requires) governing your provision of the Playtesting Services through the characteristics and features as described on the Website. By accessing the Website, and providing the Playtesting Services, you agree to be bound by the terms of this Agreement (“Terms of Use”). This Agreement and Terms of Use, along with any additional terms and conditions, made available to Playtesters on the Website shall form part of these Terms of Use, and shall be binding on you in the course of your usage of the Website. governs your access and use of this Website, Playtesting Services and applies to all visitors, users and others who access the Website and the Playtesting Services. If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website. Lysto will not be liable for any consequences arising from your unauthorized use. We may revise these Terms of Use or this Agreement at any time by amending this page and the terms hereof. The revised Terms of Use and/or Agreement shall be posted on the Website, and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website. All changes are effective as soon as we post them and by continuing to access the Website and/or provide the Playtesting Services, you agree to be bound by the revised Terms of Use. Your use of the Website and the provision of the Playtesting Services is subject to the most current version of the Terms of Use posted on the Website at the time of such use.

For the purposes of these Terms of Use:

“Playtester” shall mean an individual who creates an account on the Website and undertakes Playtesting Services thereon;

“Persona” shall mean the virtual representation of the Playtester on the Website;

“Playtesters”, “you” and “your” or any similar grammatical usage thereof, shall mean a Playtester; and

 “we” “us” and “our” or any similar grammatical usage thereof, shall mean Lysto.

“Website” shall mean the Website and its associated functionalities that enable a Playtester to Playtest games;

Defined terms not listed herein shall have the meaning ascribed to it in these Terms of Use.

1. SCOPE

1. Lysto operates a Website that inter alia enables the Playtester to:

1. create accounts on the Website in order to generate a Persona that displays and highlights the Playtesters’ gaming achievements and expertise;

2. Playtest different games uploaded by game developers to generate research data and performance analytics of games uploaded by the Client, collected through various modes including, without limitation, playtests, usability tests, Playtest videos, online surveys and research projects (“Gameplay Data”), for Lysto and the game developers.

3. earn Rewards from Lysto, upon successful completion of a Playtest by you in accordance with the terms hereof.

2. PERMITTED PLAYTESTERS

1. You represent and warrant that you have the legal capacity and authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent. You shall not access and/or use the Website if you are not competent to contract under applicable laws, rules and regulations.

2. Individuals under the age of 18 (eighteen) should seek the consent of their parents before providing any information about themselves, their parents, or other family Playtesters competent to contract, on the Website.

3. Individuals below the age of 13 (thirteen) are not permitted to be create accounts on the Website and enrol as Playtesters thereon.

4. If you are using the Website on behalf of a company or any other entity, then “you” shall include you and that entity, and you represent and warrant that: (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use; and (b) you agree to these Terms of Use on the entity’s behalf.

5. You are not allowed to Playtest a game on our Website if you are in any way, affiliated or acting on behalf of any game developer of such game. A violation of this term shall entitle Lysto to deactivate your Playtester account and blacklist you.

3. PLAYTESTING

1. Various game developers may publish games available for Playtesting on the Website and provide a definitive time period (“Testing Period”) during which such game will be available for Playtesting. Notwithstanding the foregoing, Lysto reserves the right to end Playtesting of a game before the end of the Testing Period.

2. You  may choose to Playtest a particular game at your discretion. Lysto does not and will not require a minimum number of hours for testing the game. You may start and stop your participation in the Playtest at any time during the Testing Period.

3. You agree to uninstall and delete all copies of the Game at the end of the Testing Period or upon the Lysto's request, as the case may be, and to provide documentary proof of the same, when called upon to do so.

4. PLAYTESTER ACCOUNTS

1. Each Playtester shall be required to create an account in order to utilize the features  of the Website (“Account”). The Playtester hereby acknowledges that the pre-requisites for opening an account on the Website may vary from time to time, at the sole discretion of Lysto. The Playtesters shall adhere to any requirements, rules and restrictions prescribed by Lysto, failing which, the Playtesters’ account may be deactivated.

5. PERSONA 

1. In order to create an Account on the Website, a Playtester may, in addition to his/her Discord ID, password, and other such information as requested by Lysto, assign a username and Persona to his/her profile being created on the Website. Notwithstanding such assignment, the Playtester shall exercise his/her discretion and do adequate research prior to assigning a Persona to his/her Account, in order to ensure that there is no infringement of any third party intellectual property rights in the course of the same. Further, in the event of any such claims being raised, Lysto shall bear no liability for the same.

2. By creating an Account, you agree to provide accurate, current, and complete account information about yourself, and to maintain and promptly update as necessary, your Account information.

6. RESPONSIBILITY FOR ACCOUNT SECURITY 

1. As a Playtester, you are solely responsible for the security of your Account. You agree to undertake to maintain at all times, adequate security and control of all of your Account details, passwords, personal identification numbers or any other codes that you use to access the Website. You agree to ensure that any Account registered under your name will not be used by any other person. You agree to notify us immediately of any breach of security, loss, theft or unauthorized use of your username, password or security information at info@lysto.io.

7. SUSPENSION OF HACKED ACCOUNTS 

1. Lysto reserves the right to terminate, suspend or restrict a Playtester’s access to any Account if Lysto has reasonable suspicion that the person logged into the said Account is not the registered Playtester, or if Lysto suspects that the Account has been or will be used for any illegal, fraudulent or unauthorized purposes. Under no circumstances shall Lysto or its affiliates, officers, directors, employees, agents or representatives be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by a Playtester or any other person or entity due to any such termination, suspension or restriction of access to any Account.

8. PLAYTESTER CONTENT

1. “Playtester Content” shall mean any content which a Playtester makes available to other Playtesters through his/her use of the Website.

2. Each Playtester hereby affirms and grants Lysto, its licensors and affiliates, a worldwide, non-exclusive right, but not an obligation, to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate, broadcast and otherwise communicate and publicly display and publicly perform the Playtester Content, including but not limited to derivative works of the Playtester Content, for any purpose whatsoever.

9. INTELLECTUAL PROPERTY RIGHTS OF LYSTO

1. Lysto is the absolute and sole owner of the Website, its associated functionalities and any content or information posted or generated therein, including without limitation, the Gameplay Data. Lysto shall be free to use the Gameplay Data provided by the Playtesters as it sees fit and necessary, without any obligation to provide any intimation of such use to the Playtesters. 

2. Additionally, each Playtester agrees to assign his/her rights to the Gameplay Data and any other information or data generated by the Playtester on the Website  including any intellectual property rights in the same.

10. INTELLECTUAL PROPERTY RIGHTS OF GAME DEVELOPERS

1. The games available for Playtesting are protected by copyright, trademark, and other applicable laws. Nothing in this Agreement gives you the right to use the game developer’s name, the game name, or any of such game’s or game developer’s trademarks, logos, or other distinctive brand features.

2. These Terms do not convey to you any ownership right in or to the game or any of game developer’s copyrights, trademarks, or other intellectual property to you in any manner whatsoever.

11. CONFIDENTIAL INFORMATION

1. As part of your participation in the Playtesting Services, Lysto may reveal information to you regarding the game, game developers, intellectual property of the game and Lysto’s business, operations, and product plans (collectively, “Confidential Information”). It is clarified for the avoidance of doubt that You agree to only use Confidential Information for the purpose of participating in the Playtesting Services and evaluating the games uploaded on the Website. Further, you agree to:

1. Take reasonable steps to prevent the disclosure of any Confidential Information.

2. Not disclose, publish, or publicly disseminate any Confidential Information.

3. Not copy or reproduce any Confidential Information.

4. Not reverse engineer, disassemble, de-encrypt, decompile, or otherwise derive the design, logic, or structure of any prototypes, software, or other tangible or intangible objects which embody any Confidential Information.

5. Promptly notify Lysto of any misuse or misappropriation of any Confidential Information.

2. Nothing in this Agreement is intended to prevent you from complying with a lawful order. However, if you are required to disclose any Confidential Information by legal order or request, you agree to promptly notify Lysto prior to making the disclosure so that the Lysto may seek appropriate protective measures and you agree to provide reasonable assistance to Lysto in obtaining such protective measure(s). If  Lysto does not obtain a protective measure or grants a waiver, then you may disclose that portion (and only that portion) of the Confidential Information that Lysto’s counsel determines Lysto is required to disclose. After such disclosure, you agree to take all reasonable efforts to obtain reliable assurance that confidential treatment will be accorded the disclosed Confidential Information.

3. You acknowledge and agree that unauthorized disclosure or use of any Confidential Information could cause Lysto irreparable harm and significant injury that may be difficult to ascertain and for which Lysto would not have an adequate remedy of monetary damages, and that accordingly, Lysto will be entitled to seek injunctive relief to curtail such disclosure or use.

4. The nondisclosure and confidentiality provisions of this Agreement shall survive the termination of this Agreement and the duty to hold such information in confidence shall remain in effect for five (5) years therefrom, or if the Confidential Information is a trade secret, until the Confidential Information no longer qualifies as a trade secret, whichever is longer.

12. WEBSITE 

1. You acknowledge and agree that Lysto (or, as applicable, its licensors) owns all legal rights, titles and interests in and to all elements of the Website. The graphics, design, systems, methods, information, computer code, software, “look and feel”, organization, all compilations of content, code, data and all other elements of the Website (collectively, the “Lysto UI”) are owned by Lysto, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights and applicable laws. All Lysto UI are the copyrighted property of Lysto or its licensors, as the case may be and all trademarks, service marks, and trade names contained in the Lysto UI are proprietary to Lysto or its licensors, as the case may be. Except as expressly set forth herein, your use of this Website does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Website. We reserve all such rights in and to the Lysto UI which have not been expressly granted to you in the Terms of Use.

13. EXTERNAL LINKS

1. The Website may include hyperlinks to Playtesters’ accounts on other social media platforms, other websites or resources (collectively, “External Sites”) which are provided solely for your convenience. Lysto has no control over any of the External Sites. You acknowledge and agree that Lysto is not responsible for the availability of any External Sites and that Lysto does not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that Lysto is not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy, or existence of any advertising, products or other materials on, or made available from any External Sites.

14. REPRESENTATIONS OR WARRANTIES

1. Lysto makes no representations or warranties, express or implied, written or oral, including representations or warranties purportedly made on behalf of Lysto in connection therewith, including any representations or warranties of title, functionality, usage, security, suitability or workmanship or technical quality of any Website content, work, code, or software. Further, Lysto expressly disclaims all warranties of any kind, whether express or implied, including, without limitation to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

15. DISCLAIMERS

1. You agree that you are availing the features and facilities at your own risk. The Website, features and facilities are provided on an 'AS IS' basis.

2. In light of the above, Lysto hereby clarifies that Lysto makes no warranty as to any information on the Website that is not authored by Lysto.

3. Lysto hereby clarifies that it has the full power and authority to remove any Website content including the Personas and images used therefor from the Website at any point in time without intimating any Playtesters of the same.

4. Lysto hereby clarifies that such content, as mentioned above, shall: (i) not be moderated or checked by Lysto, as it does to the Website content; (ii) be susceptible to being pulled down at any point of time; and (iii) not carry any guarantee of fitness and/or unhindered access, and may be stopped at any point of time.

5. For the avoidance of doubt, it is clarified that Lysto shall facilitate the uploading of content as per the instructions of the Playtester and is not under any obligations to undertake any manner of infringement prevention exercise or due diligence prior to assigning or creating a Persona as instructed by the Playtester on the Website. Lysto shall not have any liability arising out of any manner of infringement, passing off or misappropriation of copyright and other intellectual property rights by the Playtester or his/her representatives.

6. In the event of any Playtesters finding any content as mentioned above, to be inappropriate, defamatory, lewd, or otherwise objectionable, the Playtesters may bring the same to Lysto’s notice by writing to us at info@lysto.io.

7. Lysto makes no warranty that the features and facilities shall meet your requirements, that the features and facilities shall be uninterrupted and/or timely and/or secure and/or error free; nor does Lysto make any warranty as to the results that may be obtained from the use of the features and facilities or as to the accuracy or reliability of any information obtained from the features and facilities.

8. There are no representations and warranties, whether express or implied, made by Lysto regarding the accuracy and/or quality of any information transmitted through the use of the Website, its features and facilities.

9. Lysto does not make any warranties or guarantee as to the functionality and experience of the Website as the functionality of the same depend on various factors including, but without limitation to the device being used by the Playtesters, the browser, etc. which is beyond Lysto’s control.

10. You shall ensure that while using the features and facilities of the Website, all prevailing and applicable laws, rules and regulations, shall at all times be strictly complied by you and Lysto shall not be liable in any manner whatsoever for default of any nature regarding the same, by you.

11. Lysto does not warrant or guarantee that the content provided on this Website shall be continuous, seamless and without interruptions as the same depend on various factors, including but without limitation to the internet connection of the Playtesters, the device being used, etc. which is beyond Lysto’s control.

12. Lysto does not warrant that the Website or any of the websites linked to the Website will be free of any operational hazards or errors or that it will be free of any viruses and/or worms and/or any other harmful components.

13. Lysto does not warrant or guarantee that the operation of this Website will be continuously secure. Security and privacy risks cannot be completely eliminated, and Lysto disclaims any and all liability in connection therewith.

16. LIMITATION OF LIABILITY

1. ACCESS TO THIS WEBSITE AND ITS CONTENT, INCLUDING FEATURES AND FACILITIES PROVIDED HEREIN ARE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. LYSTO EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY DEFAMATORY, OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPHS OR PICTURES OR ON ACCOUNT OF ANY INSTANCES OF ALTERING OR DISTORTING THE IMAGES AVAILABLE IN THIS WEBSITE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. AS A PLAYTESTER, YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THAT LYSTO RESERVES THE RIGHT TO TERMINATE YOUR RIGHT TO ACCESS AND AVAIL OF THE FEATURES AND FACILITIES IMMEDIATELY, WITHOUT PREJUDICE TO INITIATING PROCEEDINGS UNDER THE RELEVANT PENAL PROVISIONS UNDER THE CYBERSECURITY ACT, 2018, THE PERSONAL DATA PROTECTION ACT, 2012, OR ANY OTHER ALLIED LAWS ENACTED BY THE REPUBLIC OF SINGAPORE OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY THAT MAY HAVE JURISDICTION OR BE AUTHORIZED TO DO SO IN THIS REGARD FROM TIME TO TIME.

2. IN NO EVENT SHALL LYSTO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OR NON PERFORMANCE OF THIS WEBSITE, OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE THE PLAYTESTING SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE OR ANY OTHER SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS CLAUSE SHALL SURVIVE IN PERPETUITY. NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING USD 1000.

17. GOVERNING LAW AND JURISDICTION

1. These Terms of Use shall be governed in all respects by the laws of Singapore without giving effect to any conflicts of law principles that may require the application of the law of a different state or country.

2. Any action arising from or relating to these Terms of Use must be brought in a competent court of law situated in Singapore. Lysto’s performance as per these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Lysto’s obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website, features and facilities or information provided to or gathered by Lysto with respect to such use.

3. You agree to resolve disputes only on an individual basis, pursuant to the provisions of these Terms of Use. You hereby expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, or any other proceeding in which You or any Playtesters acts or proposes to act in a representative capacity.

4. The Parties do not intend that any term of this Agreement should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) or otherwise, by any person who is not a party to this Agreement

18. VALIDITY OF THESE TERMS OF USE

1. These Terms of Use shall apply when you access the Website, features and facilities and shall extend to the Website content, if any, for so long as it remains on this Website.

19. ELECTRONIC COMMUNICATION

1. By accepting these Terms of Use, you expressly grant your consent to receive notices and communication electronically from Lysto unless expressly intimated to Lysto otherwise. Communications shall be posted on the Website and all such communications will be deemed to be in 'writing' and received by you when posted thereon. You are responsible for printing, storing, and maintaining your own records of such communications. All notices to Lysto should be sent to the designated email address(es) provided for herein.

20. AGENCY

1. Nothing in these Terms of Use is intended to or creates any type of joint venture, employee-employer, partnership, or any fiduciary relationship between you or and Lysto. Further, except as expressly provided:

1. neither you nor Lysto shall be deemed to be an agent or representative of the other by virtue of these Terms of Use;

2. neither you nor Lysto is authorized to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other; and

3. without limiting the generality of the foregoing, neither you nor Lysto will enter into any contract, agreement, or other commitment, make any warranty or guarantee, or incur any obligation or liability in the name or otherwise on behalf of the other.

21. FORCE MAJEURE

1. Lysto shall not be liable to any Playtesters for failure or delay in the performance of the Website for the time to the extent such failure or delay is caused by force majeure, or reasons beyond the reasonable control of Lysto.

2. Force Majeure shall mean and include any act of God, natural disasters (e.g., fire, flood, earthquake, elements of nature), hostilities, acts of terrorism or crime (including cyber-crime), riots, explosions, sabotage, pandemics, acts of government, lock-outs and/or industrial disputes (to the extent that such lock-outs and/or industrial disputes do not arise solely in relation to the affected party’s own personnel) or any other cause beyond the reasonable control of Lysto.

22. MISCELLANEOUS PROVISIONS

1. These Terms of Use constitute the entire agreement between Lysto and a Playtesters with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings, agreements or communication, written or oral, regarding such subject matter.

2. You may not assign or transfer any rights, obligations, or privileges that you have under these Terms of Use. Subject to the foregoing, these Terms of Use will be binding on your successors. Any assignment or transfer in violation of this clause will be deemed null and void. However, Lysto shall have the right to assign its rights and obligations under these Terms of Use to any third-party.

3. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck from these Terms of Use and the remaining provisions shall be enforced.

4. Lysto’s failure to act with respect to a breach by you or others of these Terms of Use does not waive Lysto’s right to act with respect to subsequent or similar breaches. Further, failure on the part of Lysto to exercise or Lysto’s delay in exercising any right hereunder will not be deemed a waiver thereof, nor will any single or partial exercise preclude any further or other exercise of such or any other right.

23. PRIVACY POLICY

1. You understand that access to the Website and/or the Playtesting Services will result in use, collection and storage of your information/data which is subject to Lysto’s Privacy Policy.

2. You consent to the use, collection, and storage of your information/ data, which may be held, processed and stored by Lysto in accordance with the terms of the Privacy Policy.

Please read our Privacy Policy at https://lysto.gg/privacy-policy.

If you should have any suggestions or questions regarding these Terms of Use, please contact Lysto at info@lysto.io.