Terms of Service
Last Updated: October 2024 | Effective Date: October 2024
These Terms of Service ("Agreement") govern your access to and use of the website, services, and products provided by TinDev Studios, Inc. ("Company," "we," "us," "our"). By accessing and using our website and services, you agree to be bound by all terms, conditions, and notices contained herein.
1. Agreement to Terms
By accessing and using our website, services, and products, you accept and agree to be bound by all terms, conditions, and notices contained in this Agreement, including all policies incorporated by reference. If you do not agree to abide by these terms, please do not use our services.
2. Use License
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to:
• Access and view our website and content for personal, non-commercial use
• Use our services in accordance with their intended purpose
• Download content for personal use only (where permitted)
You may not:
• Modify, copy, or create derivative works from our materials
• Use materials for any commercial purpose or for public display
• Attempt to decompile, reverse engineer, or disassemble any code or software
• Remove any copyright, trademark, or proprietary notices
• Transfer materials to another person or "mirror" materials on any server
• Engage in automated data collection or scraping
• Use our services to develop competing products or services
• Access our services through unauthorized means
• Violate any applicable laws or regulations
3. Intellectual Property Rights
All content on our website and in our services, including text, graphics, logos, images, code, and software, is the property of TinDev Studios or its content suppliers and is protected by international copyright laws. We retain all rights to our intellectual property.
For custom development projects, ownership of deliverables is transferred to you upon full payment and completion, unless otherwise agreed in writing. You retain rights to your original content and data provided to us.
4. User Accounts & Responsibilities
If you create an account with us, you are responsible for:
• Providing accurate, current, and complete information
• Maintaining the confidentiality of your password and account information
• Notifying us of any unauthorized use of your account
• All activities that occur under your account
You agree that your account is personal and non-transferable. You may not share your account credentials or allow others to use your account.
5. Acceptable Use Policy
You agree not to use our services in any manner that:
• Violates any applicable laws or regulations
• Infringes upon the rights of others
• Contains threats, harassment, or abusive language
• Attempts to gain unauthorized access to our systems
• Interferes with the normal operation of our services
• Introduces viruses, malware, or malicious code
• Engages in phishing, fraud, or deception
• Uses excessive server resources or bandwidth
6. Disclaimers
OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING:
• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Availability, accuracy, or completeness of content
• Uninterrupted or error-free operation
• Absence of defects or viruses
To the extent permitted by law, we disclaim all warranties and conditions. Some jurisdictions do not allow the exclusion of certain warranties, so this limitation may not apply to you.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TINDEV STUDIOS, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:
• Indirect, incidental, special, or consequential damages
• Lost profits, revenue, data, or business opportunities
• Damages arising from your use of or inability to use our services
• Unauthorized access to or alteration of your data
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
8. Indemnification
You agree to indemnify, defend, and hold harmless TinDev Studios and its directors, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:
• Your use of our services or violation of this Agreement
• Your content or materials provided to us
• Any infringement of third-party rights
• Your violation of applicable laws or regulations
9. Payment & Billing
For paid services:
• You authorize us to charge the payment method you provide
• Fees and charges are in U.S. dollars unless otherwise specified
• All fees are non-refundable unless stated otherwise
• Recurring charges will continue until you cancel
• We may update pricing with 30 days' notice
• You are responsible for all taxes, except where otherwise required by law
10. Termination
We reserve the right to terminate or suspend your account and access to our services at any time, without notice or liability, for:
• Violation of this Agreement
• Unlawful or fraudulent activity
• Breach of payment obligations
• Repeated abuse of our services
• Any reason at our sole discretion
Upon termination, your right to use our services ceases immediately. We may delete your data in accordance with our retention policies.
11. Third-Party Links & Services
Our website may contain links to third-party websites and services. We are not responsible for the content, accuracy, or practices of these external sites. Your use of third-party services is subject to their terms and policies. We encourage you to review their terms before using their services.
12. Modifications to Terms
We reserve the right to modify this Agreement at any time. Changes will be posted on this page with an updated effective date. For material changes, we may provide additional notice (such as email). Your continued use of our services after modifications indicates your acceptance of the updated terms.
13. Dispute Resolution & Arbitration
Any dispute arising from this Agreement or your use of our services shall be governed by and construed in accordance with the laws of the jurisdiction where we are located, without regard to its conflicts of law principles.
You agree to attempt to resolve disputes through good faith negotiation before pursuing legal action. If negotiation fails, you agree to submit disputes to binding arbitration or mediation, except for claims involving intellectual property rights or injunctive relief.
14. General Provisions
Entire Agreement
This Agreement, together with our Privacy Policy and Cookie Policy, constitutes the entire agreement between you and us regarding your use of our services.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver
Our failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
Assignment
You may not assign or transfer your rights or obligations under this Agreement without our consent. We may assign this Agreement at any time.
Survival
Sections regarding Intellectual Property, Disclaimer, Limitation of Liability, Indemnification, and Dispute Resolution shall survive termination of this Agreement.
15. Contact Us
If you have questions about these Terms of Service, please contact us:
TinDev Studios, Inc.
Legal Department
Email: legal@tindevstudios.com
Response Time: Within 30 days
These Terms of Service are effective as of October 2024 and were last updated on October 2024. We reserve the right to modify these terms at any time. Your continued use of our services constitutes acceptance of any changes.