Terms and Conditions

Skyward

One Raffles Place, Tower 1, #44-02

Singapore 048616

Phone: +65 6536 2817

Email: info@skyw-ard.com

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Skyward regarding your use of our website and services. By accessing our website or engaging our arcade game development services, you acknowledge that you have read, understood, and agree to be bound by these terms.

This agreement is effective immediately upon your first use of our services and continues in effect until terminated in accordance with these terms. If you do not agree to these terms, you must discontinue use of our services immediately.

User Obligations and Responsibilities

1. Legal Compliance

You agree to comply with all applicable laws and regulations in your jurisdiction and internationally when using our services. This includes but is not limited to intellectual property laws, data protection regulations, consumer protection laws, and industry-specific regulations applicable to game development and distribution.

2. Prohibited Conduct

You must not engage in any conduct that violates these terms or applicable law. Prohibited activities include providing false or misleading information to us or our partners, attempting to circumvent security measures or access controls, using our services for any unlawful purpose, interfering with the proper functioning of our services or networks, or infringing upon the intellectual property rights of others.

3. Content Guidelines

When providing content for development projects, you must ensure that all materials you submit are lawful, do not infringe third-party rights, do not contain harmful or malicious code, are appropriate for the intended audience, and comply with content rating standards in target markets. You are solely responsible for the content you provide and its compliance with applicable standards.

4. Age Requirements

Our services are intended for business entities and individuals who are at least 18 years of age or have reached the age of majority in their jurisdiction. By using our services, you represent and warrant that you meet these age requirements and have the legal capacity to enter into binding contracts.

Additional User Responsibilities

1. Regulatory Compliance

You are responsible for ensuring that games developed through our services comply with all applicable regulations in your target markets. This includes obtaining necessary licenses, meeting content rating requirements, complying with consumer protection laws, and adhering to platform-specific policies. We provide development services but do not assume responsibility for regulatory compliance in your specific markets.

2. Indemnification

You agree to indemnify, defend, and hold harmless Skyward, our officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses arising from your use of our services, violation of these terms, infringement of third-party rights, or violation of applicable laws. This indemnification obligation survives termination of your use of our services.

3. Privacy and Data Protection

You are responsible for complying with applicable privacy and data protection laws in connection with any games or services you develop using our assistance. This includes implementing appropriate privacy notices, obtaining necessary consents, and protecting user data. Our Privacy Policy governs our own data practices, but you must ensure compliance with laws applicable to your operations.

4. Third-Party Interactions

When games we develop for you interact with third-party services, platforms, or providers, you are responsible for maintaining appropriate agreements and compliance with their terms. We can assist in technical integration but do not assume liability for third-party relationships or their terms of service.

Disclaimers and Limitations of Liability

1. Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. While we strive for excellence, we make no warranties, express or implied, regarding the services, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that our services will be uninterrupted, error-free, or meet all your requirements.

2. Limitation of Liability

To the maximum extent permitted by law, Skyward shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services, including loss of profits, loss of data, business interruption, or other commercial damages. Our total liability for any claims arising from these terms or our services shall not exceed the amount you paid us for the specific services giving rise to the claim in the preceding twelve months.

3. Exclusion of Consequential Damages

In no event shall we be liable for any loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of goodwill or reputation, loss of anticipated savings, or loss of data. These exclusions apply even if we have been advised of the possibility of such damages.

4. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations due to circumstances beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, government actions, epidemics or pandemics, natural disasters, telecommunications failures, or interruptions in third-party services. During such events, our obligations will be suspended until the force majeure event ceases.

Legal and Dispute Resolution

1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

2. Jurisdiction

Any disputes arising from or relating to these terms or our services shall be subject to the exclusive jurisdiction of the courts of Singapore. By using our services, you consent to the personal jurisdiction of these courts and waive any objection to venue in Singapore.

3. Dispute Resolution Procedures

Before initiating formal legal proceedings, parties agree to attempt to resolve disputes through good faith negotiation. If negotiation does not resolve the dispute within 30 days, either party may pursue formal legal remedies. For service agreements exceeding a specified value, the parties may agree to arbitration as an alternative to litigation.

4. 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 original intent.

Additional Terms

Terms Modification Policy

We reserve the right to modify these Terms and Conditions at any time. We will provide notice of material changes through email notifications or prominent website notices. Changes become effective 30 days after notification unless otherwise specified. Your continued use of our services after changes take effect constitutes acceptance of the modified terms. If you do not agree to the modified terms, you must discontinue use of our services.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any specific service agreements, constitute the entire agreement between you and Skyward regarding use of our services. They supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

Assignment

You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations under these terms to any affiliate or successor entity without restriction.

Waiver

Our failure to enforce any provision of these terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Skyward to be effective.