T&Cs for Developers
Last updated July 8, 2024
These general terms and conditions of use (the “Developer T&Cs”) aims to govern the legal relationship between:
Voodoo, a French société par actions simplifiée, registered under number 792 483 307 RCS Paris with registered office at 17 rue Henry Monnier - 75009 Paris (France) (“Voodoo”), and
Any developer (“Developer”) submitting mobile video game (“Game”) to, and using:
Voodoo publishing platform (“Voodoo Publishing Platform”),
Voodoo Academy platform (“Voodoo Academy Platform”), or
Voodoo Live platform (“Voodoo Live Platform”),
Voodoo Publishing Platform, Voodoo Academy Platform and Voodoo Live Platform are together referred to as the “Platforms” and individually a “Platform”.
Voodoo and the Developer are hereinafter referred to collectively as the “Parties” and individually as a “Party”.
Acceptance of the Terms
By checking the box “I accept the Voodoo Platform Terms & Privacy Policy” when the Developer submits its sign up form through the Voodoo’s website to obtain access to the Platform, the Developer acknowledges having read all the General T&Cs and those Developers T&Cs (the “Terms”) and expressly accepts those Terms without any reservation.
Description of the Platforms
Voodoo Academy Platform
It consists of an online platform through which Voodoo provides a catalog of educational videos giving guidelines on the development of casual mobile games. The content of the catalog and accessibility to all or part of the catalog is subject to Voodoo’s discretion.
Voodoo Publishing Platform
It consists of an online platform through which Voodoo supports marketing test campaigns (“Test Campaigns”) of Games submitted on the Voodoo Publishing Platform by the Developer, to evaluate their potential with players. Voodoo accepts to pay for one Test Campaign per Game submitted on the Voodoo Publishing Platform up to a certain limit of US dollars and for a certain time period, as notified to the Developer in accordance with Section 4.
Voodoo Publishing Platform is only available to individuals:
operating in the development of mobile video games (person age 16 years or older and who are not acting as consumers, as this term is defined in the French Consumer Code) and legal entities operating in the development of mobile video games; or
who wish to learn about mobile game development registered to the Voodoo Academy Platform and who have completed the onboarding learning path (“Academy Onboarding”). Individuals who completed the Academy Onboarding will receive access to the Publishing Platform via email and will not need to register again through the Registration Form indicated above.
Any minor individual creating a Developer shall obtain prior written authorization from a parent, guardian or any person having legal authority to access the Voodoo Publishing Platform.
Voodoo Live Platform
It consists of an online platform through which Voodoo support the scale of existing Games with potential (i.e., more than 10k downloads, and a 3 months payback period).
Registration and Developer Account
In order to create a Voodoo developer account (“Developer Account”) and to be granted access to Platform, a Developer shall:
fill-in the registration form by indicating all requested information (“Registration Form”) - cf. here for the Voodoo Publishing Platform, here for the Voodoo Live Platform, and here for the Voodoo Live Platform)
for Voodoo Publishing Platform and Voodoo Live Platform only: hold a specific account on Facebook that enables the Developer to publish Games on the Facebook mobile application (to date identified as Facebook Developer Account), and communicate the Game application ID to Voodoo through the Platform to test the Game through Voodoo’s Facebook advertising account.
The Developer will receive an email at the email address provided in the Registration Form with a link to create a password. Once the Developer creates a valid and secured password, the Developer Account will be created and the Developer will have access to the Platform.
After receipt of a completed Registration Form, Voodoo will examine such Registration Form and may, at its own discretion (acting reasonably), require additional information or documentation in respect of a Developer. Voodoo reserves the right not to proceed with the Developer’s registration, or to to suspend a Developer Account (i) until such information and/or documentation has been provided to Voodoo or (ii) if the Developer does not comply with the requirements of this Section 3.
The Developer shall keep their password which allows access to the Platform confidential and safeguard access to their Developer Account with due care. The Developer shall inform Voodoo without undue delay if the Developer has reason to believe that an unauthorized third party has access to their Developer Account. In case the said third party had access to the Developer Account through the Developer’s fault, the Developer shall be solely responsible for any use of the Developer Account and the Platform by the said third party.
All declarations made via the Developer Account are attributed to the Developer. Voodoo is entitled to rely on any declaration made via the Developer Account to have been made by the Developer. In respect of legal entities other than individuals, Voodoo is entitled to consider the (natural) person identified in a Developer Account to be authorized by the relevant Developer to act in the name and on behalf of the Developer, in respect of any action on the Platform.
Use of the Platform
4.1. General provisions
Developer is granted a right to use the Platform in accordance with these Terms.
Each Developer undertakes to strictly comply with these Terms. A Developer who does not accept and agree to these Terms shall not use the Platform.
Any costs associated with connecting to and using the Platform invoiced by access providers or telephone operators shall be exclusively borne by the Developer.
Developer is entirely liable for all content that you may upload, communicate, send or otherwise make available via the Platform. Voodoo is not under any obligation to store elements which may be sent via the Platform and will not be bound to return elements sent by the Developer. Developer undertakes to take all necessary precautions accordingly.
Developer undertakes not to upload, communicate, send or otherwise make available any content which::
is illegal, harmful, hurtful, defamatory, obscene or otherwise punishable;
harms privacy;
is likely to incite violence or racial or ethnic hatred;
you are not entitled to legally make available (such as privileged information, information belonging to any other person or confidential information);
infringes any intellectual property right or other property right of any other person;
includes any unrequested or unauthorized publicity, promotional material, “unwanted mail”, “spam”, “chain letters”, “pyramid systems” or any other form of solicitation; or
contains any computer virus or other computer code, files or programs designed to interrupt, damage or limit the operation of any software or hardware or telecommunication equipment.
By submitting Game to the Platform, the Developer guarantees that it is entitled to do so, and grants Voodoo free of charge, non-exclusive permission to amend, adapt, and use this content so as to process your request.
In case the use of the Platform by a Developer does not comply with this Section 4, and more generally with any other material provisions of the Terms, Voodoo may disable immediately and without prior notice the Developer Account. Any Developer whose Developer Account has been disabled for breach of the Terms is prohibited from creating, directly or indirectly notably through a third party, a new Developer Account.
4.2. Voodoo Publishing Platform
Games must be submitted by the Developer on the Voodoo Publishing Platform by providing the Apple App Store or Play Store ID of the Game, a Facebook App ID, at least one video of the game and the game icon image. The Developer will be allocated a certain amount per day, per Game submitted, for the Test Campaigns. After the submission of a Game on the Publishing Platform, the Developer will be able to access the results of the Test Campaigns directly on the Platform.
By submitting a Game on the Voodoo Publishing Platform, the Developer acknowledges and accepts that Voodoo and its Affiliates have access to the results of the Test Campaigns. “Affiliate” means in relation to any person, any other person that, directly or indirectly, controls or is controlled by or is under the same control as such person, and the term “control” shall have the same meaning as in article L. 233-3 of the French Commercial Code.
In any case, Voodoo will not pay more than one thousand US dollars (US$1,000) per day per Game for Test Campaigns.
By submitting a Game to the Platform, the Developer shall not grant publishing rights on the said Game to any third party (the “Exclusivity Period”). Voodoo reserves the right to negotiate on an exclusive basis with the Developer an exclusive co-operation and/or publishing agreement including on the said Game and/or a prototype development agreement (the “Agreement”) by notifying it to the Developer (email should be sufficient) (“Negotiation Notice”). The Developer undertakes to negotiate the terms and conditions of a separate agreement with Voodoo in good faith within sixty (60) business days as from Negotiation Notice (the “Exclusive Negotiation Period”).
The Developer undertakes not to grant the publishing rights on the aforesaid Game to any third party unless the Developer offered to Voodoo, in writing, the same rights under the same terms and conditions negotiated with the third party and Voodoo did not accept the offer, within:
a period of three (3) months as from the expiry of the Exclusive Negotiation Period,
if Voodoo does not send a Negotiation Notice within a reasonable period of time, a period of sixty (60) calendar days from the later of (i) the end date of the last Game iteration, or (ii) if no iteration was ever launched the test creation date.
In addition to the Developer’s undertakings in Section 4.1, the Developer of the Voodoo Publishing Platform also undertakes:
to comply with Section 4.2;
not to hold, directly or indirectly, more than one (1) Developer Account to test the same Game;
not to create, directly or indirectly, another Developer Account to test a game that has been refused by Voodoo on another account held, directly or indirectly, by the said Developer;
not to include advertisements in Games submitted on the Voodoo Publishing Platform that are subject to Test Campaigns.
In case the use of the Voodoo Publishing Platform by a Developer does not comply with this Section 4, Voodoo may, at its sole discretion, (i) disable immediately and without notice the Developer’s Developer Account(s) and/or (ii) request the reimbursement by the Developer of the sums paid by Voodoo for Test Campaigns that were not compliant with these Terms. Furthermore, Voodoo will be entitled to receive from the Developer an indemnity equal to fifty percent (50%) of the sums earned by the Developer with advertisements on Games.
4.3. Voodoo Academy Platform
In addition to the Developer’s undertakings in Section 4.1, the Developer of the Voodoo Academy Platform undertakes, during a period of six months as from the completion of its Academy Onboarding, to grant a right of first refusal on the publishing rights of any game the Developer would directly or indirectly (notably though third party) develop (the “Exclusive Period”).
In case a Developer does not comply with this Section 4.3, Voodoo may disable immediately and without notice the Developer Account. Any Developer whose Developer Account has been disabled for breach of the Terms is prohibited from creating a new Developer Account.
Intellectual Property and Limited License
Voodoo retains full ownership of all intellectual property rights protecting the Platform worldwide, including but not limited to copyrights, patent rights, trademark rights, database rights and design rights (whether registered or not).
Voodoo hereby grants to the Developer a personal, worldwide, non-exclusive, non-transferable, non-sub-licenseable, revocable, limited license to access and use the Platform during the term of, and in compliance with, these Terms.
The Developer retains full ownership of all intellectual property rights protecting the Games worldwide, including but not limited to copyrights, patent rights, trademark rights and design rights (whether registered or not).
Obligations and Responsibilities
Developer shall:
use the Platform properly and refrain from any use for improper and/or illegal purposes; in particular, the Developer shall not (i) upload, store or make available on the Platform any Game or other data or file which contain malicious software; and (ii) use the Platform in a manner that significantly restricts or prevents the use of the Platform by other Developers,
implement, operate and maintain at his/her/its own expense all technical prerequisites (hardware, software, and telecommunications) to use the Platform in accordance with these Terms within his/her/its area of responsibility as laid out in these Terms,
only permit access to the Platform to individuals who are authorized by it/him/her to act in the name and on behalf of the Developer in respect of any action on the Platform,
raise any concern about the operation of the Platform, without undue delay with Voodoo.
not conduct any form of systematic or automated data collection related to the Platform,
not copy, duplicate, download, publish, transmit or otherwise reproduce, transfer, distribute, store, aggregate, or otherwise use in any form or by any means any content from the Platform in any manner that differs from the functionality of the Platform,
promptly notify Voodoo of any defects of the Platform (notice of defect) describing the defects,
be responsible for ensuring that all information provided by it in connection with the use of the Platform, in particular the creation of a Developer Account is complete, true and accurate and shall, for the duration of its his/her/its access to the Platform, update such information promptly upon being aware of any changes thereto,
be responsible for ensuring that it, or anyone carrying out his/her/its obligations under these Terms on his/her/its behalf, comply with any applicable law governing the access and use of the Platform.
Developer shall not directly or indirectly:
use or access the Platform for any purpose other than a purpose expressly agreed on under these Terms or expressly approved by Voodoo,
use or access the Platform in a manner that damages or adversely affects the reputation of Voodoo,
use or access the Platform in a manner that causes, or would cause, Voodoo to breach any applicable law, or any legal duty or obligation to any person,
use the Platform to create any software, product or system that is similar to the Platform,
use the Platform in violation of any law or regulation or rights of any person, included but not limited to intellectual property rights,
disassemble, decompile, reverse engineer, or use any other means to attempt to discover any source code or underlying ideas, algorithms or organization of the Platform or part thereof,
use or access the Platform in a manner that may impact the stability of Voodoo’s system or may interfere in any way with the performance of Voodoo’s system,
use the Platform in a manner that circumvents any of Voodoo’s technical, administrative, process or security measures or that disrupts or degrades the performance of the Platform or that tests the vulnerability of Voodoo’s systems or networks,
transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any of Voodoo’s system or data,
sub-license, sell, lease, loan or transfer the use of the Platform to any other person.
In case the use of the Platform by a Developer does not comply with this Section 6, Voodoo may disable immediately and without notice the Developer Account. Any Developer whose Developer Account has been disabled for breach of the Terms is prohibited from creating a new Developer Account.
Liability and Indemnity
The access to the Platform is provided to Developers “as is”, namely without any guarantee of continuous operation without errors and interruptions.
In no event shall Voodoo or its licensors be liable for any indirect damages, including without limitation damages for loss of profits, revenues, goodwill, clientele, business opportunity or anticipated saving, or cost of procurement of substitute software, services or technology, or loss of data or use, incurred by Developer or any third party, even if Voodoo or its licensors have been advised of the possibility of such damages. The aggregate and cumulative liability of Voodoo and its licensors for direct and proven damages hereunder shall in no event exceed one hundred (100) Euros. The above limitations shall not apply in the event of (i) death or personal injury or (ii) Developer’s loss or damage resulting from intentional acts or gross negligence of Voodoo.
The Developer shall indemnify and hold harmless Voodoo for and from any liabilities, losses, demands, damage, expenses and costs, including without being limited to third party claims, directly or indirectly caused by any breach of these Terms by the Developer or its legal representatives or agents.
Electronic Communication
Any communication to be made in connection with these Terms may be made by unencrypted electronic mail or other electronic means. Until notified to the contrary, this is to be an accepted form of communication.
Any electronic communication made in connection with these Terms will be effective only when actually received in readable form.
Any electronic communication which becomes effective, in accordance with this Section 8, after 5.00 p.m. in the place of receipt shall become effective on the following business day.
Duration and Termination
These Terms apply for an unlimited period of time subject to termination pursuant to this section.
Each of Voodoo and the Developer may at any time terminate the agreement concluded by these Terms in writing (e-mail or letter). Such termination will not affect the rights and obligations of the Parties in relation to a Game that arose prior to such termination, and in particular the rights and obligations of Section 4..
In addition, at its own discretion, Voodoo may terminate and/or revoke the Developer´s access to the Platform with immediate effect in the event of improper use of the Platform in accordance with Sections 4 and 6.
Data Protection
By acknowledging and accepting these Terms, the Developer expressly authorizes Voodoo to collect, store, process, forward and use personal data, in accordance with the Privacy Policy accessible below on this page.
Confidentiality
“Confidential Information” means any information, financial data, technical data, engagement metrics, CPI data, game metrics, revenue data (including spend and margin), LTVs, analytics, statistics, reports, other game statistics or data, trade secrets, know-how, designs, technology, computer code and other works of authorship of the disclosing party or its customers, vendors, business partners or investors that is provided or disclosed to the Developer by or on behalf of Voodoo, either directly or indirectly, whether in writing, orally or by observation, including, but not limited to, research, products, services, product plans, clients, client lists, lead lists, markets, marketing, expansion plans, databases, software, developments, inventions, processes, technology, mask works, designs, drawings, engineering, hardware configuration information, finances, financial results or other business information, in each case which the disclosing party considers to be confidential or proprietary.
At any time during these Terms and after the termination or expiry of these Terms, the Developer undertakes not to disclose to any person any Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with these Terms. The Developer will be liable for any use or disclosure in breach of this Section 11 by any of its representatives. The Developer has had or will have each of its representatives who has access to Confidential Information sign an agreement to be bound by confidentiality obligations at least similar to the provisions of these Terms. The Developer agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or non-permitted use of Confidential Information of the disclosing Party in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized hereunder to have any such information, which measures will include the highest degree of care that the Developer utilizes to protect its own Confidential Information of a similar nature. The Developer agrees to notify Voodoo in writing of any misuse or misappropriation of such Confidential Information that may come to its attention.
Miscellaneous
The Developer may not assign, novate or transfer in any way, or charge the benefit of, any of his/her/its rights, liabilities, or obligations on a temporary or permanent basis to any third party.
Should one or more provisions contained in these Terms prove to be invalid or unenforceable, this shall not affect the validity of the other provisions. The Parties shall replace the provision in question with a provision that comes closest to the intended economic purpose of the provision in question or, as the case may be, the contractual gap.
These Terms, their interpretation and any non-contractual obligations in connection therewith shall be governed by the laws of France.
To the extent legally permitted, the competent courts within the jurisdiction of the Paris Court of Appeal (Tribunal compétent du ressort de la Cour d’appel de Paris), shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including a dispute regarding the existence, validity or termination).