Terms and Conditions

Last updated: November 22, 2024

These Terms and Conditions constitute a legally binding agreement between you and Stormveil. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these terms in their entirety.

If you do not agree with any provision of these Terms and Conditions, you must immediately discontinue use of our website and services. Your continued use constitutes acceptance of these terms and any subsequent modifications.

Business Information

Stormveil
1 Collins Street
Melbourne VIC 3000
Australia

1. Definitions and Interpretation

In these Terms and Conditions, unless the context requires otherwise:

  • "We", "Us", "Our": Refers to Stormveil and its authorized representatives
  • "You", "Your": Refers to the user or visitor of our website and services
  • "Services": Refers to all game development services, consultation, and related offerings provided by Stormveil
  • "Website": Refers to all web pages operated by Stormveil
  • "Content": Refers to all text, images, graphics, software, and other materials on our website

2. User Obligations and Responsibilities

As a user of our website and services, you agree to:

2.1 General Conduct

  • Comply with all applicable local, state, national, and international laws and regulations
  • Provide accurate, current, and complete information when communicating with us
  • Maintain the confidentiality of any login credentials or account information
  • Immediately notify us of any security breaches or unauthorized access

2.2 Prohibited Conduct

You expressly agree not to:

  • Use our services for any unlawful purpose or in violation of these terms
  • Reproduce, duplicate, copy, sell, or exploit any portion of our services without written permission
  • Engage in any activity that interferes with or disrupts our services or servers
  • Attempt to gain unauthorized access to any systems, accounts, or networks
  • Upload or transmit viruses, malware, or any other malicious code

3. Age Requirements and Restrictions

Our services are intended for users who are at least 18 years of age. By using our services, you represent and warrant that:

  • You are at least 18 years of age or have reached the age of majority in your jurisdiction
  • You have the legal capacity to enter into binding contracts
  • If acting on behalf of an organization, you have authority to bind that organization

4. Liability and Warranties

4.1 Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis without any warranties of any kind, whether express or implied. We disclaim all warranties, including but not limited to:

  • Implied warranties of merchantability or fitness for a particular purpose
  • Warranties regarding accuracy, reliability, or completeness of content
  • Warranties of non-infringement of third-party rights
  • Warranties that services will be uninterrupted, timely, secure, or error-free

4.2 Limitation of Liability

To the fullest extent permitted by law, Stormveil, its directors, employees, partners, agents, and affiliates shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, goodwill, or other intangible losses
  • Damages resulting from your use or inability to use our services
  • Damages arising from unauthorized access to or alteration of your data

5. Indemnification and Hold Harmless

You agree to indemnify, defend, and hold harmless Stormveil and its officers, directors, employees, contractors, agents, licensors, suppliers, and successors from and against:

  • Any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising from your use of our services
  • Your violation of these Terms and Conditions or any applicable laws
  • Your infringement of any third-party rights, including intellectual property rights
  • Any harm or damages caused by your actions or omissions

This indemnification obligation will survive the termination of these Terms and Conditions and your use of our services.

6. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy. By accepting these Terms and Conditions, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and disclosure of your information as described therein.

We are committed to protecting your privacy and handling your personal information in accordance with applicable data protection laws, including the Australian Privacy Principles.

7. Third-Party Interactions and Content

Our website may contain links to third-party websites, services, or content. We are not responsible for:

  • The content, accuracy, or opinions expressed on third-party websites
  • The privacy practices or terms of service of third-party services
  • Any damages or losses arising from your interactions with third parties

8. Intellectual Property Rights

All intellectual property rights in our website, services, and content are owned by or licensed to Stormveil. This includes but is not limited to:

  • Trademarks, service marks, and trade names
  • Copyrights in text, graphics, logos, images, and software
  • Trade secrets, know-how, and proprietary methodologies
  • Design rights and database rights

Nothing in these Terms and Conditions grants you any license or right to use our intellectual property without our prior written consent.

9. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, technical failures, or interruptions in telecommunications or internet services.

10. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, for the resolution of any disputes arising from or relating to these Terms and Conditions or your use of our services.

11. Dispute Resolution

In the event of any dispute arising from these Terms and Conditions, the parties agree to:

  1. First attempt to resolve the dispute through good faith negotiations
  2. If negotiations are unsuccessful within 30 days, pursue mediation with a mutually agreed mediator
  3. If mediation fails, either party may pursue arbitration or litigation as appropriate

12. Severability and Waiver

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Stormveil.

13. Assignment and Transfer

You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions without our prior written consent. We may assign or transfer our rights and obligations under these terms at any time without restriction, including in connection with a merger, acquisition, or sale of assets.

14. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices or agreements posted on our website, constitute the entire agreement between you and Stormveil regarding your use of our services. These terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

15. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any modifications constitutes acceptance of the revised terms. We encourage you to review these Terms and Conditions regularly to stay informed of any updates.

16. Contact Information

If you have any questions, concerns, or complaints regarding these Terms and Conditions, please contact us using the information provided at the top of this page or through our contact page. We will make reasonable efforts to address your concerns promptly.