Terms and Conditions

Last updated: November 22, 2024

Legal Entity Information

Nimbusdrift

Paseo de Gracia 78

08008 Barcelona, Spain

Phone: +34 93 467 5218

Email: info@nimbus-drift.com

Legal Agreement and Binding Nature

These Terms and Conditions constitute a legally binding agreement between you (the "Client") and Nimbusdrift (the "Company") regarding your access to and use of our website and game development services.

By accessing our website, engaging our services, or entering into a service agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not use our website or services.

These Terms and Conditions supplement any specific service agreements, proposals, or contracts you may enter into with Nimbusdrift. In case of conflict, the specific service agreement will take precedence for matters related to that particular project.

User Obligations and Responsibilities

1. Legal Compliance

You agree to:

  • Comply with all applicable local, national, and international laws and regulations
  • Ensure that any content or requirements you provide for game development do not violate any laws
  • Obtain all necessary licenses, permissions, and rights for materials you provide to us
  • Not request services for illegal purposes or activities
  • Respect intellectual property rights of third parties

2. Conduct Requirements

You must maintain professional and respectful conduct when interacting with Nimbusdrift, including:

  • Communicating in a respectful and professional manner with our team
  • Providing timely feedback and responses during project development
  • Honoring agreed-upon timelines and payment schedules
  • Not engaging in harassment, discrimination, or abusive behavior
  • Refraining from making false or misleading statements about our services

3. Content Guidelines

When requesting game development services, you must not request content that:

  • Promotes violence, hatred, or discrimination against any group or individual
  • Contains explicit sexual content or materials exploiting minors
  • Infringes upon intellectual property rights or violates privacy rights
  • Contains malware, viruses, or other harmful code
  • Misrepresents identity or affiliation
  • Violates any applicable content regulations or age-rating requirements

4. Information Accuracy

You are responsible for ensuring that all information you provide to us is accurate, complete, and current. You must promptly notify us of any changes to your contact information or project requirements.

5. Indemnification

You agree to indemnify and hold harmless Nimbusdrift, its officers, employees, and partners from any claims, damages, losses, or expenses arising from your breach of these Terms and Conditions or your use of our services in violation of any law or third-party rights.

Liability and Warranties

Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties that our services will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy or completeness of information
  • Warranties that defects will be corrected

While we strive to deliver high-quality game development services, we make no guarantees about specific outcomes, commercial success, player engagement metrics, or market reception of developed games.

Limitation of Liability

To the maximum extent permitted by applicable law, Nimbusdrift shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption or loss of use
  • Costs of procurement of substitute services
  • Damage to reputation or goodwill

Our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for the specific service giving rise to the claim, or €1,000, whichever is greater.

Exceptions to Limitations

These limitations do not apply to liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, intentional misconduct, or death or personal injury caused by our negligence.

Third-Party Services

We are not responsible for the actions, content, or services of third parties. Any dealings you have with third-party service providers, partners, or platforms are solely between you and such third parties. We do not guarantee or endorse third-party services.

Force Majeure

Nimbusdrift shall not be liable for any failure or delay in performance of our obligations under these Terms and Conditions or any service agreement where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

  • Acts of God, natural disasters, or extreme weather events
  • War, terrorism, civil unrest, or government actions
  • Pandemics, epidemics, or public health emergencies
  • Strikes, labor disputes, or supply chain disruptions
  • Internet or telecommunications failures beyond our control
  • Power outages or infrastructure failures
  • Cyberattacks or security breaches affecting our systems or third-party services

In the event of force majeure, we will make reasonable efforts to notify you and resume performance as soon as practicable.

Legal Information and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Jurisdiction

Any disputes arising from or relating to these Terms and Conditions or our services shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain. However, we retain the right to bring proceedings in the courts of your country of residence.

Dispute Resolution Procedures

Before initiating any legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiations. The dispute resolution process shall proceed as follows:

  1. Informal Negotiation: Contact us to describe the dispute and seek resolution (30 days)
  2. Mediation: If informal negotiation fails, engage in mediation with a neutral third party (60 days)
  3. Arbitration or Litigation: If mediation fails, pursue binding arbitration or court proceedings

Arbitration

Either party may elect to resolve disputes through binding arbitration in Barcelona, Spain, under the rules of the Barcelona Court of Arbitration. The arbitration shall be conducted in English or Spanish as agreed by the parties. The arbitrator's decision shall be final and binding.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Severability and Entire Agreement

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, it shall be severed from these Terms and Conditions. The remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any specific service agreements you enter into with us, constitute the entire agreement between you and Nimbusdrift regarding the subject matter herein and supersede all prior or contemporaneous communications, agreements, or understandings, whether written or oral.

No Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Nimbusdrift.

Assignment

You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations to any successor entity in the event of a merger, acquisition, or sale of assets.

Terms Modification Policy

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Material changes will be communicated through:

  • Updating the "Last updated" date at the top of this page
  • Displaying a prominent notice on our website
  • Sending email notification to registered users

Your continued use of our website or services after such modifications constitutes acceptance of the updated Terms and Conditions. If you do not agree to the modified terms, you must discontinue use of our services.

Questions or Legal Inquiries?

If you have questions about these Terms and Conditions or require legal clarification, please contact us:

Nimbusdrift - Legal Department

Email: info@nimbus-drift.com

Phone: +34 93 467 5218

Address: Paseo de Gracia 78, 08008 Barcelona, Spain

For formal legal notices, please send correspondence to the above address marked "Attention: Legal Department."