Developer Agreement

Orbital module — terms for third-party Game Developers

Version 1.2

Publication date: May 11, 2026 · Effective date: May 11, 2026

Plain-language summary

This is a separate agreement between you (the Game Developer) and SONIX SA. It applies on top of the SONIX Terms of Use.

Key points before you proceed:

• You must be at least 18 to publish a Third-Party Game on Orbital.

• SONIX reviews and approves each Third-Party Game before publication.

• SONIX shares only the user's SONIX username and avatar with your game — nothing else.

• You may NOT use SONIX users' data for advertising, profiling, sale, or AI training.

• If your game generates revenue from Orbital users, SONIX takes a 5% share of Net Revenue.

• You are responsible for the game's lawfulness, safety, and security.

By clicking "I accept" or by submitting a Third-Party Game, you agree to this Agreement.

Parties and acceptance

This Developer Agreement (the "Agreement") is entered into between:

SONIX SA ("SONIX", "we", "us", "our"), a company incorporated under the laws of Switzerland, registered under CH-550-1185270-2, with registered office at Rue de Genève 100, 1004 Lausanne, Switzerland (formerly known as TYXIT SA); and
You (the "Developer", "you", "your"), the individual or entity who has accepted this Agreement and submits, publishes, or operates a Third-Party Game on the SONIX Orbital module.

This Agreement applies in addition to the SONIX Terms of Use, Privacy Policy, Community Guidelines, and any other policies referred to in those documents (together with this Agreement, the "SONIX Documents"). In the event of any conflict between this Agreement and the Terms of Use in respect of your activities as a Developer, this Agreement prevails.

By clicking "I accept", by submitting a Third-Party Game, or by otherwise indicating acceptance through the Developer interface, you confirm that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you must not submit or publish a Third-Party Game on Orbital.

1. Definitions

"Orbital". The SONIX mini-game module, comprising the tools, interfaces, SDK, and infrastructure made available by SONIX to enable third-party games to be played by SONIX users.
"Third-Party Game" or "Game". Any interactive software application submitted by the Developer for publication on Orbital.
"Orbital User". A SONIX user who launches the Game through the Orbital interface within the SONIX application. A user who plays the same Game outside SONIX (for example, on the Developer's own website, an app store, Steam, or any platform other than SONIX) is not an Orbital User for that session.
"Shared User Data". The data SONIX shares with the Developer when an Orbital User launches the Game, consisting solely of: (i) the user's SONIX username (pseudonym); and (ii) the user's SONIX avatar. Nothing else.
"In-Game Data". Any data the Developer collects directly from Orbital Users inside the Game (for example, in-game score, choices, progress).
"Monetisation Event". Any transaction generating revenue from an Orbital User in connection with the Game, including (without limitation): in-game purchases (single items, bundles, currencies), subscription fees, premium-tier upgrades, advertising revenue allocated to that user's session, sponsorship payments tied to in-game placement viewed by that user, and any other consideration of value received by the Developer attributable to an Orbital User.
"Gross Revenue". All amounts actually received by the Developer (or its payment processor on the Developer's behalf) in connection with Monetisation Events involving Orbital Users, before deductions.
"Net Revenue". Gross Revenue less the following actual, documented deductions, applied solely to the Orbital-attributable portion: (i) payment-processor fees (including Stripe, Apple, Google, and equivalent); (ii) sales tax, VAT, or other transaction taxes collected and remitted; (iii) chargebacks and refunds actually paid; (iv) fraudulent transactions reversed. No other deductions are permitted unless agreed by SONIX in writing.
"Revenue Share". Five per cent (5%) of Net Revenue, payable by the Developer to SONIX in accordance with Section 8.
"SDK". The Software Development Kit and associated APIs, libraries, documentation, and credentials provided by SONIX to enable the Game to integrate with Orbital.
"SONIX Marks". The SONIX, Orbital, Pulsar, Arena, and Supersonix names, logos, and other trademarks or trade dress owned by SONIX SA.

2. Eligibility to be a Game Developer

Plain-language summary

You must be at least 18, accept this Agreement, and submit your game for SONIX review before publication.

To submit, publish, or operate a Third-Party Game on Orbital, you must:

be a natural person aged at least 18 years, or a legal entity duly incorporated and in good standing in its jurisdiction;
hold a SONIX account in good standing, not currently subject to any suspension or restriction;
have accepted this Agreement and registered with the SONIX developer programme;
provide accurate, current, and complete information about yourself, your business (if applicable), the natural person authorised to act on your behalf, the Game, and (where applicable) your payment information for receipt of any sums due to or from you;
not be located in, ordinarily resident in, or controlled by any person or entity in any country or territory subject to comprehensive sanctions by Switzerland, the EU, the UK, or the US, or appear on any applicable sanctions or restricted-parties list.

3. Game submission and review

Plain-language summary

Every Third-Party Game must be reviewed and approved by SONIX before it can go live on Orbital. Material updates also require re-review.

3.1 Submission

Before a Third-Party Game is made available on Orbital, the Developer must submit the Game to SONIX for review through the developer interface. The submission must include:

a working, hosted version of the Game;
a description of the Game (gameplay, target audience, target age range);
the Game's privacy notice and terms of use, drafted to comply with this Agreement;
a description of any data the Game will collect from Orbital Users beyond the Shared User Data;
a description of any monetisation features (in-game purchases, subscriptions, advertising) and the Developer's payment processor;
any age-rating or content-classification information required by SONIX;
any additional information SONIX reasonably requests.

3.2 Review by SONIX

SONIX reviews each submission against this Agreement, the Community Guidelines, applicable law, and SONIX's published Game-quality and safety standards. SONIX may approve, conditionally approve (subject to changes), or reject a submission, at its sole discretion. Review by SONIX does not constitute a warranty, endorsement, or guarantee of the Game, nor does it transfer any responsibility for the Game from the Developer to SONIX.

SONIX targets a first response within fifteen (15) business days of a complete submission. SONIX gives no binding turnaround commitment unless agreed separately in writing.

3.3 Updates and material changes

The Developer must submit for re-review any material change to a published Game, including: changes to the monetisation model; changes to the data collected from Orbital Users; changes to the age rating; changes that materially affect gameplay, safety, or moderation features. Bug fixes and non-material content updates may be deployed without re-review.

3.4 Post-publication review

SONIX may re-review any published Game at any time. SONIX may suspend or remove a Game where SONIX reasonably believes the Game breaches this Agreement, the Community Guidelines, applicable law, or otherwise creates risk for users or for SONIX.

4. Licences

Plain-language summary

We grant you a limited licence to use our SDK and to display SONIX usernames and avatars in your game. You grant us a limited licence to host your game on Orbital.

4.1 Licence to the Developer

Subject to the Developer's compliance with this Agreement, SONIX grants the Developer a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence, during the term of this Agreement, to:

download, install, and use the SDK solely to develop and integrate the Game with Orbital;
display the Shared User Data (the user's SONIX username and avatar) within the Game when the Orbital User is playing;
use the SONIX Marks solely to indicate availability of the Game on Orbital (for example, an "Available on SONIX Orbital" badge), in accordance with any branding guidelines SONIX may publish.

The Developer must not use the Shared User Data outside the Game or after the Orbital User session ends, except as permitted by Sections 5 and 6 below.

4.2 Licence to SONIX

Subject to SONIX's compliance with this Agreement, the Developer grants SONIX a worldwide, non-exclusive, royalty-free, sublicensable licence, during the term of this Agreement and for a reasonable wind-down period thereafter, to:

host, distribute, transmit, display, and make available the Game through Orbital;
display the Game's name, icon, description, screenshots, and marketing materials supplied by the Developer in the Orbital store and in SONIX's marketing of Orbital;
perform technical adaptations strictly necessary for delivery (such as transcoding assets, generating thumbnails, or scaling the Game for different devices).

SONIX claims no ownership of the Game. Title to and intellectual property rights in the Game remain with the Developer or its licensors.

4.3 Restrictions

The Developer must not:

reverse engineer, decompile, disassemble, or attempt to derive the source code of the SDK or any other SONIX software, except to the extent that applicable law permits this notwithstanding contractual restriction;
modify, copy, redistribute, sublicense, sell, lease, or commercially exploit the SDK other than as expressly permitted by this Agreement;
use the SDK or SONIX Marks in a manner that suggests SONIX endorses, sponsors, or guarantees the Game;
use the SDK to circumvent any technical limit, rate limit, or security feature of Orbital;
scrape, harvest, or otherwise collect data from Orbital or other SONIX systems beyond what the SDK expressly permits.

5. Data received from SONIX — strict limits

Plain-language summary

SONIX shares ONLY username and avatar with you. That data may only be used to let the user appear in your game.

You may NOT use Shared User Data for advertising, profiling, sale, or AI training — for any user, in any circumstance, regardless of consent.

5.1 Scope of data shared

When an Orbital User launches the Game, SONIX makes available to the Developer the Shared User Data — the user's SONIX username (pseudonym) and avatar. SONIX shares nothing else: no email, no real name, no date of birth, no IP address, no location, no contact list, no message history, no voice data, no friends list, no payment information, no advertising identifier.

5.2 Permitted uses of Shared User Data

The Developer may use the Shared User Data only to:

display the Orbital User's SONIX identity within the Game during the active session (for example, on a leaderboard, in matchmaking, as a player label);
operate basic Game features that require persistent identification of the Orbital User across sessions (for example, retaining the user's high score or in-game progress).

5.3 Prohibited uses of Shared User Data

The Developer must not use the Shared User Data, or any information derived from it (including In-Game Data linked to Shared User Data), for any of the following purposes:

targeted advertising, behavioural advertising, or any form of advertising profiling;
creating, augmenting, or selling user profiles for marketing, advertising, or analytics purposes outside the Game;
sale, rental, or licensing of personal information to any third party;
training, fine-tuning, evaluating, or testing artificial intelligence or machine learning models;
any disclosure to a third party other than the Developer's essential service providers (hosting, payment processing, customer support) operating under written data-processing agreements that flow down obligations equivalent to those in this Agreement;
any purpose unrelated to operating the Game.

5.4 Stricter rules for minors

Where the Orbital User is, or reasonably appears to be, a minor (under 18 in any jurisdiction, regardless of the local age of digital consent), the Developer must not use Shared User Data or In-Game Data for the purposes listed in Section 5.3 under any circumstances, even where the user, parent, or other person purports to consent.

5.5 No collection of additional personal data without consent

The Developer must not collect any additional personal data from the Orbital User beyond the Shared User Data and the in-Game gameplay data necessary for the Game to function, unless: (i) the additional collection is clearly disclosed in the Game's privacy notice; (ii) the collection has a lawful basis under applicable data protection law; (iii) where consent is the lawful basis, the consent is freely given, specific, informed, and unambiguous; and (iv) the collection complies with this Agreement, including Section 5.4.

5.6 Roles under data protection law

With respect to the Shared User Data, SONIX is the controller and the Developer acts as the controller of the Shared User Data once received for the limited purposes set out in Section 5.2 (and not as SONIX's processor). With respect to In-Game Data collected directly by the Developer in connection with the Game, the Developer is the controller. The Developer is responsible for its own compliance with applicable data protection law in either capacity.

5.7 Security and breach notification

The Developer must implement appropriate technical and organisational security measures to protect Shared User Data and In-Game Data. The Developer must notify SONIX of any security breach affecting Shared User Data without undue delay and in any event within 48 hours of becoming aware of the breach. The notification must describe the nature of the breach, the affected data and users, the likely consequences, the measures taken or planned, and a contact point for further information.

6. Content, safety, and conduct

Plain-language summary

Your Game must comply with our Community Guidelines and applicable law. Specific categories are off-limits.

The Game and all content made available through it must comply with the Community Guidelines, this Agreement, and all applicable laws. Without limiting the foregoing, the Game must not:

contain or facilitate sexually explicit, pornographic, or sexually suggestive content involving minors, under any circumstances and regardless of fictional framing;
contain or facilitate child sexual abuse material (CSAM); any such material discovered will be reported to law enforcement and, where applicable, to the National Center for Missing & Exploited Children (NCMEC);
contain or promote hate, discrimination, harassment, terrorism, violence against protected groups, or self-harm;
contain malware, spyware, viruses, ransomware, or any code designed to harm users' systems, exfiltrate data, or compromise security;
constitute or facilitate unlawful gambling, lottery, or game of chance in any jurisdiction in which it is offered, where the Developer does not hold the required licence;
infringe any third party's intellectual property rights;
contain hidden mechanisms, dark patterns, deceptive design, or manipulative practices intended to mislead users (especially minors) about the cost, nature, or consequences of in-game actions;
encourage Orbital Users to violate the SONIX Terms of Use, evade safety controls, or engage in unlawful conduct;
interfere with the operation of SONIX, Orbital, or any other user's use and enjoyment of Orbital.

The Developer must operate appropriate in-Game reporting and moderation tools for any user-generated content within the Game, and must respond to abuse reports without undue delay.

7. Monetisation

Plain-language summary

If your Game generates revenue from Orbital Users, you must disclose pricing clearly and follow consumer protection rules.

Special rules apply for minors: no loot boxes presented as gambling, no manipulative spend mechanics, no irreversible purchases without confirmation.

The Developer may offer Monetisation Events within the Game, subject to the following:

prices and all material commercial terms must be disclosed clearly and prominently before purchase, in line with applicable consumer protection law;
the Developer is responsible for compliance with all applicable consumer law, including the EU/UK 14-day right of withdrawal for digital content (and any local exceptions where the user has consented to immediate performance);
the Developer is responsible for compliance with all applicable laws on in-game purchases by minors, including parental-consent requirements;
the Developer must not offer randomised-content purchases (loot boxes, gacha) to minors where prohibited by law in the user's jurisdiction;
the Developer must not present any randomised purchase as a guaranteed reward, and must disclose meaningful odds where required by law or by SONIX policy;
the Developer is responsible for collecting, remitting, and reporting all applicable taxes.

SONIX may, in its reasonable discretion, require changes to the Developer's monetisation features where SONIX considers them non-compliant or harmful to users.

8. Revenue share

Plain-language summary

SONIX takes 5% of Net Revenue from Orbital Users.

Only revenue from users who joined your Game through Orbital counts. Revenue from your other distribution channels (your website, Steam, app stores not via SONIX) is not in scope.

Net Revenue means revenue after payment-processor fees, taxes, chargebacks, and refunds.

You report monthly and pay quarterly.

8.1 Revenue Share

In consideration of SONIX hosting and distributing the Game on Orbital, the Developer agrees to pay SONIX a Revenue Share equal to five per cent (5%) of Net Revenue from Monetisation Events involving Orbital Users.

8.2 Scope — Orbital Users only

The Revenue Share applies only to Net Revenue attributable to Orbital Users (i.e., users who launched the Game through the SONIX Orbital interface). Revenue from the same Game when played by users who joined through any other distribution channel (the Developer's own website, an app store, Steam, a third-party platform, or any other channel that is not SONIX Orbital) is not in scope and is not subject to the Revenue Share.

The Developer must implement and maintain appropriate technical mechanisms (using the SDK) to identify and segregate Orbital User sessions from other sessions, and to attribute Monetisation Events accurately. SONIX may publish technical guidance for this purpose. Where the Developer cannot demonstrate accurate attribution, SONIX may reasonably estimate Orbital User revenue based on available data, subject to the audit rights in Section 8.7.

8.3 Net Revenue — calculation

Net Revenue equals Gross Revenue from Orbital Users less only the following actual, documented deductions applied to the Orbital-attributable portion:

payment-processor fees actually incurred (Stripe, Apple App Store, Google Play, or equivalent);
sales tax, VAT, or other transaction taxes collected from the Orbital User and remitted to a tax authority;
chargebacks and refunds actually paid to Orbital Users;
fraudulent transactions reversed.

No other deductions are permitted unless SONIX agrees in writing. Marketing costs, development costs, employee costs, server costs, and indirect costs are not deductible.

8.4 Reporting

The Developer must provide SONIX, by the fifteenth (15th) day of each calendar month, a report covering the preceding calendar month, in the format SONIX reasonably specifies. The report must include, at minimum:

total Gross Revenue from Orbital Users;
each permitted deduction (with supporting figures);
resulting Net Revenue;
calculated Revenue Share for the period;
cumulative year-to-date figures.

8.5 Invoicing and payment

SONIX issues an invoice for the Revenue Share due in each calendar quarter (Jan–Mar, Apr–Jun, Jul–Sep, Oct–Dec), within thirty (30) days of the end of that quarter, based on the Developer's monthly reports for the quarter. The Developer pays the invoice within thirty (30) days of the invoice date, in EUR, by bank transfer to the account specified by SONIX, free of any deduction, set-off, or withholding (other than any withholding required by law, in which case the Developer must gross up the payment so that SONIX receives the full invoiced amount).

Where SONIX is required to collect VAT or other tax on the Revenue Share, that tax is in addition to the Revenue Share and is charged on the invoice.

8.6 Late payment

Sums not paid by the due date bear interest at five per cent (5%) per annum above the European Central Bank base rate, accruing daily from the due date to the date of actual payment. SONIX may also suspend the Developer's access to Orbital while payment is outstanding, on at least fifteen (15) days' written notice giving the Developer an opportunity to cure.

8.7 Audit rights

Once per calendar year (and more frequently following any reasonable suspicion of inaccurate reporting), SONIX may audit, or appoint an independent auditor bound by confidentiality to audit, the Developer's records relating to Orbital Users, Monetisation Events, and Revenue Share calculations, on at least thirty (30) days' written notice, during business hours, in a manner that does not unreasonably interfere with the Developer's operations.

Each party bears its own audit costs, except that if the audit reveals an under-reporting of Revenue Share by more than five per cent (5%) for the audited period, the Developer pays the under-reported amount (with interest under Section 8.6), the cost of the audit, and any additional reasonable enforcement costs.

8.8 Changes to the Revenue Share

SONIX may change the Revenue Share rate, the deductions definition, or the scope of Monetisation Events captured, on at least sixty (60) days' advance written notice. Any change applies only to Net Revenue earned after the effective date of the change. The Developer may terminate this Agreement before the change takes effect with no further obligation (other than payment of Revenue Share accrued before termination).

9. Suspension and removal of Games

Plain-language summary

We can remove your Game or suspend your developer status if you breach this Agreement or applicable law. Where reasonable, we'll give notice first.

Without limiting any other right under the SONIX Documents, SONIX may, at its sole discretion:

decline to approve a Game before publication;
suspend or remove a published Game, in whole or in part;
suspend the Developer's access to the SDK and developer interface;
terminate this Agreement,

where SONIX reasonably believes that the Game or the Developer breaches this Agreement, the Community Guidelines, the Terms of Use, or applicable law, or that action is necessary to protect users, third parties, or SONIX.

Where reasonable and lawful, SONIX gives the Developer advance notice and an opportunity to cure. In cases involving serious harm (including risk to minors, ongoing illegality, data breaches, financial fraud, or breach of court order), SONIX may act immediately and without prior notice.

10. Intellectual property

The Developer retains all right, title, and interest in and to the Game and any pre-existing intellectual property the Developer brings to the Agreement, subject to the licence granted to SONIX in Section 4.2.

SONIX retains all right, title, and interest in and to Orbital, the SDK, the SONIX Marks, and all SONIX-owned content, subject to the licence granted to the Developer in Section 4.1.

To the extent the Developer provides feedback, suggestions, ideas, or comments to SONIX about Orbital, the SDK, or any SONIX service, the Developer grants SONIX a perpetual, irrevocable, royalty-free, sublicensable, transferable licence to use that feedback for any purpose, without any obligation of confidentiality or compensation.

11. Developer warranties

The Developer represents, warrants, and covenants that:

the Developer has the full right, power, and authority to enter into this Agreement and to grant the licences granted under it;
the Game and all content within it is owned by the Developer or licensed to the Developer with full right to make it available on Orbital;
the Game and the Developer's operation of it do not and will not infringe any third party's rights, including intellectual property, privacy, publicity, or confidentiality;
the Game complies with all applicable laws in each jurisdiction where it is made available, including data protection, consumer protection, advertising, and laws on minors;
the Game does not contain malware or other harmful code;
the Developer has implemented appropriate technical and organisational security measures;
the Developer's monetisation practices comply with applicable consumer protection law and the additional restrictions in Section 7.

12. Disclaimers and limitation of liability

Plain-language summary

We provide Orbital and the SDK as-is. If something goes wrong and you suffer a loss, our liability is capped at the greater of €1,000 or the Revenue Share you paid us in the prior 12 months.

12.1 Disclaimers

ORBITAL, THE SDK, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, SONIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY ARISING FROM COURSE OF DEALING.

SONIX DOES NOT WARRANT THAT ORBITAL OR THE SDK WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY MINIMUM LEVEL OF USAGE OR REVENUE WILL RESULT FROM THE GAME BEING ON ORBITAL.

12.2 Liability cap

SUBJECT TO SECTION 12.3 BELOW, SONIX'S TOTAL AGGREGATE LIABILITY TO THE DEVELOPER UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (i) ONE THOUSAND EUROS (€1,000), OR (ii) THE TOTAL REVENUE SHARE PAID BY THE DEVELOPER TO SONIX IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SONIX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (WITHOUT LIMITATION) LOSS OF PROFITS, REVENUE, GOODWILL, OPPORTUNITY, OR DATA.

WITHOUT LIMITING THE ABOVE, SONIX HAS NO LIABILITY FOR:

ANY DECISION BY SONIX TO APPROVE, REJECT, SUSPEND, OR REMOVE A GAME IN ACCORDANCE WITH SECTIONS 3 OR 9;
ANY CLAIM BY AN ORBITAL USER OR THIRD PARTY ARISING FROM THE GAME;
ANY LOSS OF REVENUE, GOODWILL, OR OPPORTUNITY ARISING FROM ANY CHANGE TO ORBITAL, INCLUDING ITS DISCONTINUATION;
ANY CHANGE TO THE REVENUE SHARE IN ACCORDANCE WITH SECTION 8.8.

12.3 Liability we cannot limit

Nothing in this Agreement limits or excludes either party's liability for:

death or personal injury caused by its negligence;
fraud or fraudulent misrepresentation;
intentional or grossly negligent misconduct;
any liability that cannot be limited or excluded under applicable mandatory law.

13. Indemnification

Plain-language summary

If your Game causes a third party to bring a claim against SONIX, you cover our defence costs and any damages.

The Developer agrees to indemnify, defend, and hold harmless SONIX SA, its affiliates, and their respective directors, officers, employees, agents, and shareholders from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:

the Game, its content, or its operation;
any breach by the Developer of this Agreement, the Terms of Use, the Community Guidelines, or applicable law;
any claim that the Game or its content infringes any third party's rights;
the Developer's processing of personal data (including Shared User Data and In-Game Data);
any tax, duty, or other governmental charge arising from the Developer's monetisation activities;
any regulatory action or investigation arising from the Game.

SONIX will, where reasonable, give the Developer prompt notice of any third-party claim subject to indemnification, allow the Developer to control the defence (subject to SONIX's right to participate at its own cost and to approve any settlement that admits liability or imposes obligations on SONIX), and reasonably cooperate in the defence.

14. Term and termination

14.1 Term

This Agreement begins on the date the Developer accepts it and continues until terminated.

14.2 Termination by the Developer

The Developer may terminate this Agreement at any time by giving SONIX at least thirty (30) days' written notice and by removing all Games from Orbital. Sums accrued under Section 8 before termination remain payable.

14.3 Termination by SONIX

SONIX may terminate this Agreement:

for cause, immediately, where the Developer materially breaches this Agreement and (where the breach is curable) does not cure within fifteen (15) days of notice;
immediately, in cases involving serious harm (Section 9);
for convenience, on sixty (60) days' written notice;
immediately, where required to do so by law or by a competent court or authority.

14.4 Effects of termination

Upon termination:

the licences granted in Section 4 end, and the Developer must remove the Games from Orbital, return or destroy the SDK and any SONIX confidential information, and cease use of the SONIX Marks;
SONIX may notify Orbital Users that the Game is no longer available on Orbital;
the Developer remains responsible for paying the Revenue Share accrued before termination, on the normal cadence in Section 8;
the Developer remains responsible for serving Orbital Users for any outstanding entitlements (e.g., active subscriptions, undelivered in-game items) as required by applicable law;
Sections 5 (in respect of Shared User Data already received), 6, 8 (in respect of accrued amounts), 10, 11, 12, 13, 14, 15, 16, and 17 survive.

15. Governing law and jurisdiction

This Agreement is governed by the substantive laws of Switzerland, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, claim, or controversy arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Lausanne, Switzerland.

Where the Developer is a consumer (natural person acting outside their trade, business, craft, or profession) resident in a jurisdiction whose mandatory consumer protection law gives the Developer the right to bring proceedings in their country of residence, nothing in this Section 15 affects that right; the Developer may bring proceedings in Switzerland or in their country of residence, and SONIX may bring proceedings against such Developer only in their country of residence.

16. Changes to this Agreement

SONIX may update this Agreement from time to time. Where the change is material and adversely affects the Developer, SONIX will provide at least thirty (30) days' advance notice by in-app notification and by email to the address on file. Where the change concerns the Revenue Share or other fees, the notice period in Section 8.8 (60 days) applies instead. Continued use of Orbital after the change takes effect constitutes acceptance of the updated Agreement.

17. General provisions

17.1 Confidentiality

Each party agrees to keep confidential any non-public information disclosed to it by the other party in connection with this Agreement that is marked as confidential or that a reasonable person would understand to be confidential, including the SDK, technical documentation, the Developer's monetisation reports, and audit findings. Each party may use the other's confidential information only in connection with this Agreement, and must protect it with at least the standard of care it applies to its own confidential information (and no less than reasonable care). Standard exceptions apply (information already known, independently developed, lawfully received from a third party, or required to be disclosed by law).

17.2 Entire agreement

This Agreement, together with the SONIX Terms of Use, Privacy Policy, Cookies Policy, Community Guidelines, and any specific notices SONIX may issue, constitutes the entire agreement between the parties in respect of the subject matter, and supersedes any prior agreement on the same subject.

17.3 Independent contractors

Nothing in this Agreement creates a partnership, joint venture, agency, employment, or franchise relationship. The Developer is an independent contractor.

17.4 Assignment

The Developer may not assign or transfer this Agreement, in whole or in part, without SONIX's prior written consent. SONIX may assign this Agreement to any affiliate or successor in interest without consent.

17.5 Severability

If any provision is found unlawful, void, or unenforceable, it is deemed severed and the remaining provisions remain in full force and effect.

17.6 No waiver

Failure by either party to enforce any provision is not a waiver of that provision or of any future right of enforcement.

17.7 Notices

Notices to SONIX should be sent to developers@sonix.gg or by post to SONIX SA, Rue de Genève 100, 1004 Lausanne, Switzerland. Notices to the Developer may be sent to the email address registered with the developer programme or through the developer interface.

17.8 Force majeure

Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, governmental orders, strikes, telecommunications or internet failures, denial-of-service attacks, or pandemic measures.

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