Terms & Conditions

1. Compliance with Laws

You agree to comply with all applicable local, national, and international laws and regulations when using our website and services. This includes but is not limited to:

• • Austrian law and European Union regulations governing online services and data protection
• • Intellectual property laws protecting copyrights, trademarks, and other proprietary rights
• • Laws governing electronic communications and online conduct
• • Export control and sanctions regulations that may apply to software and game development

2. Prohibited Activities and Behaviors

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

• • Violating or attempting to violate the security of our website or systems
• • Using our services to transmit any viruses, malware, or other harmful code
• • Engaging in any form of harassment, abuse, or threatening behavior toward our team or other users
• • Reverse engineering, decompiling, or attempting to extract source code from our website
• • Using our services for any unlawful, fraudulent, or malicious purpose
• • Collecting user information without authorization or engaging in spam activities

3. Content Guidelines and Restrictions

Any content you submit or communicate through our services must comply with the following guidelines:

• • Content must not be defamatory, obscene, offensive, or otherwise objectionable
• • Content must not infringe upon the intellectual property rights of others
• • Content must not contain confidential information belonging to third parties
• • Content must be relevant to game development services and professional collaboration

4. Age Requirements

Our services are intended for adults and business entities. By using our website and engaging our services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding agreements. If you are accessing our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

1. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Opalgrove, its directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of our services, your violation of these terms, or your infringement of any intellectual property or other rights of any third party.

2. Privacy and Data Protection Compliance

You are responsible for ensuring that any personal data you provide to us is collected and shared in compliance with applicable data protection laws, including the GDPR. If you share information about third parties, you must have the appropriate legal basis and authorization to do so. You agree to cooperate with us in responding to any data protection inquiries or complaints.

3. Third-Party Interactions

Your interactions with third parties found through or linked from our website, including payment processors, service providers, and other users, are solely between you and such third parties. You agree that Opalgrove is not responsible or liable for any loss or damage incurred as the result of any such interactions. We encourage you to conduct your own due diligence before engaging with third parties.

4. Accurate Information

You are responsible for ensuring that all information you provide to Opalgrove is accurate, current, and complete. This includes contact information, project requirements, and any other details relevant to our services. You must promptly update your information if it changes. Providing false or misleading information may result in termination of services and potential legal consequences.

1. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPALGROVE PROVIDES ITS WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPALGROVE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3. Consequential Damages Exclusion

Opalgrove shall not be liable for any consequential, incidental, indirect, exemplary, punitive, or special damages of any kind, including but not limited to lost revenue, lost profits, loss of business, or loss of data, whether or not foreseeable and regardless of the form of action, whether in contract, tort, negligence, strict product liability, or otherwise, even if Opalgrove has been advised of the possibility of such damages.

4. Force Majeure

Opalgrove shall not be liable for any failure or delay in performing our obligations under these terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the substantive laws of Austria, excluding its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms. Any dispute arising from these terms shall be subject to the exclusive jurisdiction of the competent courts in Vienna, Austria.

2. Dispute Resolution Procedures

In the event of any dispute arising from or relating to these terms or our services, the parties agree to follow this resolution procedure:

• 1. Informal Negotiation: The parties will first attempt to resolve disputes through good-faith negotiation for a period of 30 days
• 2. Mediation: If negotiation fails, disputes may be referred to mediation before an agreed-upon mediator
• 3. Litigation: Only after exhausting these options may either party resort to litigation in the courts of Vienna, Austria

3. Severability

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

4. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices published on our website, constitute the entire agreement between you and Opalgrove concerning your use of our website and services. These terms supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties regarding the subject matter herein.

5. Waiver

No waiver by Opalgrove of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Opalgrove to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

6. Assignment

You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these terms without such consent will be null and void. Opalgrove may freely assign or transfer these terms without restriction. Subject to the foregoing, these terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.