Terms and Conditions

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Silkenthread regarding your use of our website and services. 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 these Terms and Conditions in their entirety, you must immediately cease using our website and services. Your continued use represents your ongoing acceptance of these terms as they may be updated from time to time.

User Obligations and Responsibilities

1. Legal Compliance

You agree to use our website and services in full compliance with all applicable laws, regulations, and ordinances. This includes but is not limited to:

Intellectual property laws and copyright regulations
Data protection and privacy legislation
Consumer protection laws
Export control and sanctions regulations
Anti-corruption and anti-bribery laws

You acknowledge that you are solely responsible for ensuring your use of our services complies with the laws of your jurisdiction.

2. Prohibited Conduct

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

Using our services for any unlawful purpose or to facilitate illegal activities
Attempting to gain unauthorized access to our systems, networks, or user accounts
Distributing viruses, malware, or other harmful computer code
Engaging in any activity that interferes with or disrupts our services
Harvesting or collecting data about other users without authorization
Impersonating any person or entity or falsely stating your affiliation
Transmitting spam, chain letters, or unsolicited communications
Bypassing any security measures or access restrictions we have implemented

3. Content Guidelines

When providing content or materials to us for project purposes, you agree that such content:

Does not infringe upon the intellectual property rights of third parties
Does not contain defamatory, obscene, or offensive material
Does not violate any person's right to privacy or publicity
Does not contain confidential information belonging to others
Complies with applicable content regulations and standards

4. Indemnification

You agree to indemnify, defend, and hold harmless Silkenthread, its officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from your violation of these Terms and Conditions, your use of our services, or your infringement of any rights of third parties.

Warranties and Disclaimers

Disclaimer of Warranties

OUR WEBSITE AND 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 of title and non-infringement
Warranties arising from course of dealing or usage of trade
Warranties that the services will be uninterrupted, error-free, or secure
Warranties regarding the accuracy, reliability, or completeness of content

We do not warrant that our website or services will meet your specific requirements or expectations. You assume all risk associated with your use of our website and services.

Service Quality

While we strive to deliver high-quality game development services, we make no guarantees regarding specific project outcomes, market reception, or commercial success. Project results depend on multiple factors beyond our control, including market conditions, platform requirements, and end-user preferences.

Third-Party Services

Our services may integrate with or rely upon third-party platforms, tools, or services. We are not responsible for the availability, functionality, or performance of third-party services. Any issues with third-party services should be directed to the respective providers.

Limitation of Liability

Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SILKENTHREAD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM OR RELATED TO:

Your use or inability to use our website or services
Any unauthorized access to or alteration of your data
Any statements or conduct of third parties on our website
Any delay or failure in performance resulting from causes beyond our control
Any other matter relating to our services

This limitation applies regardless of the legal theory upon which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the maximum extent permitted by law. These limitations and exclusions apply regardless of whether other remedies fail of their essential purpose.

Force Majeure

We shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to:

Acts of God, natural disasters, or severe weather
War, terrorism, civil unrest, or riots
Government actions, laws, or regulations
Labor disputes or strikes

Telecommunications or internet failures
Power outages or equipment failures
Pandemics or public health emergencies
Supplier or contractor failures

In the event of a force majeure situation, our obligations under these Terms and Conditions will be suspended for the duration of such event. We will make reasonable efforts to notify you and minimize the impact of any force majeure event.

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 principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions.

Jurisdiction

Any disputes arising from or relating to these Terms and Conditions or our services shall be subject to the exclusive jurisdiction of the competent courts in Amsterdam, Netherlands. You irrevocably consent to the jurisdiction and venue of such courts.

Waiver of Jury Trial

To the extent permitted by law, you waive any right to a jury trial in any proceeding arising out of or relating to these Terms and Conditions.

Dispute Resolution

Informal Resolution

Before initiating formal legal proceedings, you agree to contact us to attempt to resolve any dispute, claim, or controversy informally. We commit to working with you in good faith to reach a mutually acceptable resolution.

To initiate informal resolution, send a written notice describing the nature of the dispute and the relief sought to our contact address. We will respond within 30 days with a proposed resolution or an explanation of why we believe no resolution is appropriate.

Only after completing this informal resolution process may either party initiate formal proceedings, unless applicable law provides otherwise.

Arbitration Option

For disputes that cannot be resolved informally, we may mutually agree to resolve the matter through binding arbitration in accordance with the rules of the Netherlands Arbitration Institute. Arbitration proceedings shall be conducted in English in Amsterdam, Netherlands.

General Provisions

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, it shall be severed from these Terms and Conditions. The remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any separate project agreements, constitute the entire agreement between you and Silkenthread regarding your use of our website and services, superseding any prior agreements or understandings, whether written or oral.

Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Silkenthread.

Assignment

You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations under these Terms and Conditions to any successor entity in connection with a merger, acquisition, or sale of assets.

No Agency Relationship

Nothing in these Terms and Conditions creates any agency, partnership, joint venture, or employment relationship between you and Silkenthread. You have no authority to bind us or make representations on our behalf.

Survival

Provisions of these Terms and Conditions that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.

Modifications to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. Changes become effective immediately upon posting to our website unless otherwise specified. Material changes will be communicated through prominent website notices or direct communication to users who have provided contact information.

Your continued use of our website or services after modifications take effect constitutes your acceptance of the updated Terms and Conditions. If you do not agree with the modifications, you must discontinue use of our website and services.

We recommend reviewing these Terms and Conditions periodically to stay informed of any updates.