Terms of Service
Last updated: November 18, 2024
Welcome to Ouroboros Ink. These Terms of Service govern your use of our website and services. By accessing or using our website, you agree to be bound by these terms. If you disagree with any part of these terms, you may not access our website or use our services.
Please read these terms carefully before using our services. These terms constitute a legally binding agreement between you and Ouroboros Ink.
Service Usage Terms
Acceptable Use Policy
When using our website and services, you agree to:
- • Use our services only for lawful purposes and in accordance with these terms
- • Provide accurate, current, and complete information when contacting us or requesting services
- • Respect intellectual property rights of Ouroboros Ink and third parties
- • Not attempt to gain unauthorized access to our systems or interfere with website functionality
- • Not use our services to transmit malware, spam, or other harmful content
Prohibited Activities
The following activities are strictly prohibited:
- • Attempting to reverse engineer, decompile, or disassemble any part of our website or services
- • Using automated systems to access our website without permission (bots, scrapers, crawlers)
- • Impersonating Ouroboros Ink or any of our representatives
- • Engaging in any activity that could damage, disable, or impair our services
- • Violating any applicable laws or regulations
Service Access Requirements
To access and use our services, you must have the legal capacity to enter into binding contracts, be at least 18 years of age or the age of majority in your jurisdiction, and comply with all applicable laws and regulations in your location. Some services may require additional qualifications or permissions.
Fair Usage Guidelines
We expect all users to interact with our services reasonably and in good faith. Excessive or abusive use of our contact forms, unreasonable service requests, or behavior that interferes with our ability to serve other clients may result in termination of service access. We reserve the right to refuse service to anyone at our discretion.
Client Relationships and Project Terms
Project Agreements
All game development projects require a separate written agreement outlining scope, deliverables, timeline, and payment terms. These Terms of Service apply in conjunction with project-specific agreements. In case of conflict between these terms and a project agreement, the project agreement takes precedence for that specific project.
Client Responsibilities
Clients are responsible for providing timely feedback, necessary assets and information, clear project requirements, and payment according to agreed terms. Delays caused by lack of client input may affect project timelines and final deliverables. We'll work with you to keep projects on track, but mutual cooperation is essential.
Payment Terms
Payment terms are specified in individual project agreements. Generally, we require a deposit before work begins, with remaining payments tied to milestones or project completion. Invoices are payable within 14 days unless otherwise agreed. Late payments may incur interest charges and delay project delivery.
Project Modifications
Changes to project scope, deliverables, or timelines require written agreement from both parties. Significant scope changes may require additional fees and timeline adjustments. We'll provide change order estimates before proceeding with modifications. Minor clarifications and adjustments within the original scope are handled flexibly.
Project Cancellation
Either party may terminate a project with written notice. If you cancel a project, you remain responsible for payment for work completed up to the cancellation date plus any expenses incurred. We reserve the right to terminate projects if payment terms are not met or if client behavior becomes abusive or unreasonable.
Service Availability and Modifications
Website Uptime and Maintenance
We strive to keep our website accessible at all times, but we do not guarantee uninterrupted access. Our website may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We'll attempt to minimize downtime and provide notice when possible, but are not liable for any interruptions in service.
Service Features and Availability
Our service offerings may vary based on:
- • Current workload and availability of our team
- • Technical requirements and complexity of requested work
- • Budget constraints and project timelines
- • Compatibility with our expertise and capabilities
We reserve the right to decline projects that don't align with our services or capacity.
Geographic Restrictions
Our services are available globally, but we primarily operate in English and Portuguese. Some services may not be available in certain jurisdictions due to legal restrictions or practical limitations. We'll discuss any geographic considerations during project discussions.
Service Modifications and Updates
We may modify, update, or discontinue any aspect of our services at any time without prior notice. This includes changes to service offerings, pricing, website features, and business practices. Existing project agreements remain valid according to their original terms unless both parties agree to modifications.
Intellectual Property Rights
Website Content Ownership
All content on this website, including text, graphics, logos, images, code, and other materials, is owned by Ouroboros Ink or licensed to us and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our website content without explicit written permission.
Project Deliverables and Rights
Ownership and licensing of project deliverables are specified in individual project agreements. Generally, upon full payment, clients receive the agreed-upon rights to use the delivered work. We may retain rights to use project examples in our portfolio unless confidentiality agreements specify otherwise. Specific intellectual property terms vary by project type and scope.
Client-Provided Materials
You retain ownership of any materials, content, or intellectual property you provide to us. By providing materials, you grant us a license to use them for the purpose of delivering services to you. You represent and warrant that you have the right to provide all materials and that their use will not infringe on third-party rights.
Trademarks and Branding
Ouroboros Ink, our logo, and other brand identifiers are our trademarks. You may not use our trademarks without prior written consent. Third-party trademarks referenced on our website belong to their respective owners and are used for descriptive purposes only.
Disclaimers and Limitation of Liability
Service Disclaimer
Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not guarantee that our services will meet your specific requirements, be uninterrupted, timely, secure, or error-free. We do not warrant that results obtained from using our services will be accurate or reliable.
Results Disclaimer
We provide game development services based on our expertise and experience, but we cannot guarantee specific outcomes, player retention rates, revenue generation, or commercial success of games we work on. Results depend on many factors outside our control, including game quality, marketing, competition, and market conditions. Past results do not guarantee future outcomes.
Limitation of Liability
To the maximum extent permitted by law, Ouroboros Ink and its affiliates, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising from your use of our services or inability to use our services, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from these terms or our services shall not exceed the amount you paid us in the six months prior to the claim.
Force Majeure
We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, wars, acts of terrorism, labor disputes, governmental actions, internet outages, or other force majeure events. We'll make reasonable efforts to minimize the impact of such events on our services.
Legal Information and Dispute Resolution
Governing Law and Jurisdiction
These Terms of Service are governed by and construed in accordance with the laws of Brazil, specifically the State of São Paulo, without regard to conflict of law principles. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts located in São Paulo, Brazil.
Dispute Resolution Process
In the event of any dispute, we encourage you to contact us first to seek an informal resolution. Most concerns can be resolved through direct communication. If informal resolution is unsuccessful, disputes may be resolved through mediation or arbitration before resorting to litigation. We'll work with you in good faith to find fair solutions.
Severability
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely matches the intent of the original provision.
Entire Agreement
These Terms of Service, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Ouroboros Ink regarding use of our services and supersede all prior agreements and understandings, whether written or oral.
Waiver
Our failure to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by authorized representatives of Ouroboros Ink.
Modifications to Terms
We reserve the right to modify these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page and post a notice on our website. For material changes, we may provide additional notice such as email notification.
Your continued use of our website or services after changes are posted constitutes your acceptance of the modified terms. If you do not agree with the modified terms, you should discontinue use of our services.
We encourage you to review these Terms of Service periodically to stay informed about your rights and obligations.
Questions About These Terms?
If you have questions or concerns about these Terms of Service, please contact us. We're happy to clarify any points and discuss how these terms apply to your specific situation.
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