Platform Terms

1. The Platform and the License

1.1 “The Platform” means the Ballpark campaign platform as made available by Tataki Digital AS (“Tataki”): the participant application, the admin application, and the underlying hosted services, with the functionality described in the Feature Appendix referenced in the Order Form.

1.2 Tataki grants the licensee a non-exclusive, non-transferable right to use the Platform for the end client and campaigns identified in the Order Form, for the license period stated there. The license period runs from production go-live as defined in the Order Form.

1.3 The license is granted with respect to the legal entity identified in the Order Form as end client, by organisation number. It does not extend to affiliates or group companies of the licensee or the end client unless separately agreed in writing.

1.4 The license covers use of the Platform’s documented base functionality. Client-specific configuration, design, content production, new game types, integrations beyond documented functionality, and all other services are provided separately and are not part of the license.

2. Intellectual Property

2.1 The Platform — including all software, source code, game engines, design systems, documentation, and all modifications, improvements and further developments of any of these, whether or not made during or in connection with a client engagement — is and remains the exclusive property of Tataki.

2.2 No intellectual property rights in the Platform are transferred under these Terms or under any agreement they are attached to. Where these Terms are appended to a broader agreement structure, the intellectual property provisions of that structure apply only to client-specific content, campaign material and configuration data — not to the Platform.

2.3 The end client owns its own content, campaign material, brand assets and participant data. Tataki may reference the delivery (client name and campaign type) in its own marketing unless otherwise agreed in the Order Form. Tataki may further use screenshots and recordings of the delivered campaign in its own marketing, subject to the end client's prior approval of the specific material, such approval not to be unreasonably withheld.

2.4 Tataki may assign the Platform, and this agreement, to a company under its control or to a successor entity continuing the Platform business, upon written notice.

3. Operation, Support and Service Levels

3.1 Tataki operates the Platform on managed infrastructure and is the single point of contact for it.

3.2 Service levels, response times, incident classification and maintenance windows are set out in the Ballpark Platform SLA referenced in the Order Form.

3.3 Defects — deviations from the documented functionality in the Feature Appendix — are remedied under the license. Functionality not described in the Feature Appendix is not a defect; requests for new or altered behavior are scoped and billed separately. Classification and handling of reported issues follow the SLA.

4. Data Protection

4.1 Where the Platform processes personal data on behalf of the end client, Tataki acts as data processor or sub-processor, as set out in the data processing agreement structure identified in the Order Form. Sub-processors engaged by Tataki are listed in the applicable data processing agreement.

4.2 Upon expiry or termination of the license, Tataki will export participant data (including consent records) to the end client and delete it, within the deadlines set in the data processing agreement.

5. Obligations of the Licensee and End Client

5.1 The licensee and end client are responsible for: their own systems, infrastructure and configurations that the Platform integrates with or is served through, the accuracy and legality of their content and campaign material, obtaining any consents required for their use of participant data, and timely delivery of the inputs and accesses that the Platform setup depends on.

5.2 Delays in the licensee’s or end client’s dependencies shift affected milestones correspondingly; agreed fixed prices are unaffected.

6. Warranties and Limitations

6.1 Tataki warrants that the Platform will materially conform to its documented functionality. Tataki does not warrant uninterrupted or error-free operation; availability targets and remedies are as set out in the SLA.

6.2 Neither party is liable for indirect or consequential loss, including loss of revenue, loss of profits, or loss of expected campaign effect.

6.3 Tataki’s total aggregate liability under these Terms and any agreement they are attached to is limited to the fees paid under the applicable Order Form. This limitation does not apply to liability that cannot be limited under mandatory law.

6.4 As between Tataki and its contracting party, these limitations apply regardless of the liability regime in any broader agreement structure these Terms are appended to.

7. Suspension and Termination

7.1 Tataki may suspend access upon material breach that is not remedied within 14 days of written notice, including non-payment. Suspension during an active campaign period requires 14 days’ additional notice, except where continued operation would be unlawful.

7.2 Upon expiry of the license period, access to the Platform ceases and section 4.2 applies. Renewal requires a new Order Form.

8. General

8.1 Neither party is liable for failure to perform caused by circumstances outside its reasonable control.

8.2 These Terms are governed by Norwegian law. Legal venue is the Oslo District Court (Oslo tingrett).