Terms and Conditions

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Nimblewren. By accessing our website or engaging our game development services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree with any provision, you must discontinue use of our website and services immediately.

This agreement governs all aspects of your relationship with Nimblewren, including but not limited to website usage, service engagement, intellectual property rights, liability limitations, and dispute resolution. These terms work in conjunction with our Privacy Policy and other applicable policies.

User Obligations and Responsibilities

Legal Capacity and Authority

By using our services, you represent and warrant that you have the legal capacity to enter into binding contracts. If you are entering into this agreement on behalf of a company or organization, you represent that you have the authority to bind that entity to these terms. You must be at least eighteen years old to engage our services independently.

Compliance with Laws and Regulations

You agree to comply with all applicable laws, regulations, and ordinances when using our website and services. This includes but is not limited to:

Intellectual property laws and copyright regulations
Data protection and privacy legislation
Export control and international trade laws
Content regulation and age-rating requirements for games
Consumer protection laws in your jurisdiction
Tax obligations related to commercial transactions

Prohibited Conduct and Activities

You expressly agree not to engage in any of the following activities:

Infringing on intellectual property rights of Nimblewren or third parties
Submitting false, misleading, or fraudulent information
Attempting to reverse engineer, decompile, or disassemble our website or systems
Introducing malicious code, viruses, or harmful components
Engaging in activities that could damage our reputation or business interests
Harassing, threatening, or abusing our staff or other users
Using our services to create content that promotes hate, violence, or illegal activities
Circumventing security measures or access controls

Content Guidelines and Restrictions

When engaging our services, you are responsible for ensuring that your game concepts, provided materials, and project requirements do not violate applicable laws or infringe on third-party rights. We reserve the right to refuse projects that involve illegal content, infringe intellectual property, or violate our ethical standards.

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Nimblewren, its directors, employees, and contractors from any claims, damages, losses, liabilities, costs, or expenses arising from your breach of these terms, violation of applicable laws, or infringement of third-party rights through materials or instructions you provide.

Disclaimers, Warranties, and Liability Limitations

Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to:

Warranties of merchantability and fitness for a particular purpose
Warranties regarding the accuracy, reliability, or completeness of information
Warranties of uninterrupted or error-free service delivery
Warranties regarding specific project outcomes or commercial success
Warranties that defects will be corrected beyond agreed project scope

Limitation of Liability

To the maximum extent permitted by applicable law, Nimblewren shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of profits, revenue, or business opportunities
Loss of data or information
Business interruption or downtime
Reputational damage or goodwill loss
Cost of substitute services or products
Claims by third parties

In any event, our total liability for all claims arising from or related to our services shall not exceed the amount you paid us for the specific service giving rise to the claim.

Exclusion of Consequential Damages

We shall not be liable for any damages arising from third-party platforms, app store policies, platform changes, regulatory changes, market conditions, or factors beyond our reasonable control. This includes but is not limited to changes in platform requirements after project delivery, rejection by app stores, or technical incompatibilities arising after completion.

No Guarantee of Results

While we strive to deliver high-quality game development services, we make no guarantees regarding commercial success, user reception, download numbers, revenue generation, or any specific outcomes beyond the technical deliverables outlined in project agreements. Success in the game market depends on numerous factors beyond our control.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of nature, war, terrorism, pandemics, government actions, power failures, internet disruptions, or labor disputes.

Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By agreeing to these Terms and Conditions, you also acknowledge that you have read and understood our Privacy Policy. Data protection is a fundamental aspect of our operations, and we comply with applicable data protection regulations including GDPR.

When you provide information or materials for project development, you grant us permission to process such data solely for the purpose of delivering the agreed services. We maintain confidentiality of project details unless disclosure is required by law or with your explicit consent.

Third-Party Interactions and Responsibilities

Your interactions with third parties, including but not limited to platform providers, payment processors, hosting services, or other service providers, are solely between you and such third parties. We are not responsible for the actions, products, services, or content of any third party. You release Nimblewren from any claims arising from your interactions with third parties.

Games developed through our services may require accounts, licenses, or agreements with third-party platforms such as app stores, game engines, or distribution networks. You are responsible for understanding and complying with the terms, policies, and requirements of these third parties.

Governing Law and Jurisdiction

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms.

Dispute Resolution

Any disputes arising from or relating to these terms or our services shall be resolved through the following process:

Negotiation: Parties agree to first attempt to resolve disputes through good faith negotiation.
Mediation: If negotiation fails, parties may engage in mediation before pursuing formal legal action.
Jurisdiction: Subject to the exclusive jurisdiction of the courts of Amsterdam, Netherlands.

Severability Clause

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any specific project agreements, constitute the entire agreement between you and Nimblewren regarding our services. These terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

Assignment and Transfer

You may not assign, transfer, or sublicense these terms or any of your rights or obligations without our prior written consent. We reserve the right to assign or transfer our rights and obligations under these terms to any third party, including in connection with a merger, acquisition, sale of assets, or corporate reorganization. Such assignment shall not affect your rights under these terms.

Modifications to Terms

We reserve the right to modify, amend, or update these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website, with the "Last updated" date revised accordingly. Significant changes may be communicated through additional means such as email notification or prominent website notice.

Your continued use of our website or services after modifications constitutes acceptance of the updated terms. If you do not agree with the modified terms, you must discontinue use of our services. Active projects will continue under the terms agreed upon at project initiation unless both parties agree to updated terms.

Notice Requirements

All notices required or permitted under these terms must be in writing and delivered by email or registered mail to the addresses specified in project agreements or contact information. Notices shall be deemed given when received or, if sent by email, when sent to the designated email address unless delivery failure notification is received.

Nimblewren