Terms and Conditions
Last Updated: November 2024
Legal Agreement
These Terms and Conditions constitute a binding legal agreement between you and Emberstone. By engaging with our services, accessing our website, or communicating with our team regarding game development consultation, you acknowledge that you have read, understood, and agree to be bound by these terms.
This agreement outlines the legal responsibilities, obligations, and limitations that govern our professional relationship. If you do not agree with any part of these terms, please refrain from using our services or website.
We encourage you to review these terms carefully and reach out with any questions before engaging our services.
User Obligations
1. Legal Compliance
You agree to comply with all applicable local, national, and international laws and regulations when using our services. This includes but is not limited to laws governing intellectual property, data protection, consumer protection, and business conduct.
You are responsible for ensuring that your game development project and its intended monetization strategies comply with relevant gaming regulations, age rating requirements, and platform policies.
2. Conduct Requirements
Professional and respectful behavior is expected in all interactions with our team. You agree not to engage in harassment, discriminatory behavior, or any conduct that creates a hostile or unprofessional environment.
You agree not to misrepresent your identity, project status, or intentions when engaging with our services. Honest and transparent communication helps us provide the most appropriate consultation for your needs.
3. Prohibited Activities
You may not use our services to develop games that promote illegal activities, exploit vulnerable populations, contain malicious code, or violate the rights of others. We reserve the right to refuse or terminate consultation services for projects that do not meet ethical standards.
You agree not to reverse engineer, copy, or reproduce our proprietary methodologies, consultation frameworks, or internal processes for competitive purposes.
4. Information Accuracy
You agree to provide accurate and complete information about your project, development timeline, budget constraints, and consultation needs. Inaccurate information may result in consultation that is not optimally suited to your actual requirements.
User Responsibilities
1. Indemnification
You agree to indemnify and hold harmless Emberstone, its consultants, and partners from any claims, damages, losses, or expenses arising from your use of our services, your game development project, or your breach of these terms.
This indemnification includes but is not limited to claims related to intellectual property infringement, violations of platform policies, regulatory compliance issues, or disputes with end users of your game.
2. Implementation Responsibility
While we provide professional consultation and recommendations, you are ultimately responsible for implementing these suggestions in your game. You must evaluate whether our recommendations are appropriate for your specific project, technical capabilities, and target audience.
We encourage you to test all implementations thoroughly and make adjustments based on your unique development environment and player feedback.
3. Third-Party Relationships
Any relationships you establish with third parties as a result of our consultation, including platform providers, publishers, or service vendors, are solely between you and those parties. We are not responsible for the conduct, services, or commitments of third parties.
4. Confidentiality
If we share proprietary methodologies, frameworks, or industry insights during consultation, you agree to maintain the confidentiality of this information and not disclose it to competitors or use it for purposes beyond your immediate project.
Liability and Warranties
1. Disclaimer of Warranties
Our consultation services are provided on an "as is" basis. While we strive to provide accurate, useful, and professional guidance, we make no warranties or guarantees regarding specific outcomes, revenue generation, player engagement metrics, or commercial success of your game.
Game development involves numerous variables beyond our control, including market conditions, platform algorithms, player preferences, and competitive dynamics. Success depends on many factors beyond consultation quality.
2. Limitation of Liability
To the maximum extent permitted by law, Emberstone shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of our services, including but not limited to lost profits, lost revenue, lost data, or business interruption.
Our total liability for any claims related to our services shall not exceed the amount you paid for the specific consultation service that gave rise to the claim.
3. Professional Judgment
Our consultation represents our professional opinion based on industry experience and best practices. Game development is both an art and a science, and what works for one project may not work for another.
We encourage you to consider our recommendations thoughtfully, test implementations carefully, and adapt strategies to your specific circumstances. You retain full responsibility for final decisions regarding your game.
4. Force Majeure
We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, internet service disruptions, or other force majeure events.
Legal Information and Dispute Resolution
1. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with applicable laws. Any disputes arising from these terms or our services shall be subject to the jurisdiction of appropriate courts.
2. Dispute Resolution
In the event of any dispute or disagreement arising from our services, we encourage direct communication to resolve the matter amicably. Most concerns can be addressed through professional dialogue and mutual understanding.
If a dispute cannot be resolved through direct communication, both parties agree to make a good faith effort to resolve the matter through mediation before pursuing formal legal action.
3. Severability
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 while preserving its intent.
4. Modifications to Terms
We reserve the right to modify these Terms and Conditions at any time. Significant changes will be communicated through our website or directly to active clients. Your continued use of our services after modifications indicates acceptance of the updated terms.
We recommend reviewing these terms periodically to stay informed of any changes that may affect your rights or obligations.
5. Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Emberstone regarding your use of our services, superseding any prior agreements or understandings.
Questions or Concerns
If you have questions about these Terms and Conditions or need clarification on any provisions, we welcome your inquiry. Understanding your rights and obligations helps establish a positive working relationship.
Please reach out through our contact form, and we'll provide the information you need to make informed decisions about engaging our services.