Terms and Conditions

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Nebula. By accessing our website, using our services, or engaging with us for arcade game development projects, you acknowledge that you have read, understood, and agree to be bound by these terms.

This document outlines the legal framework governing our relationship, including your responsibilities as a user, our obligations as a service provider, liability limitations, and dispute resolution procedures. Please review these terms carefully before proceeding.

User Obligations and Conduct

1. Legal Responsibilities

As a user of our services, you are legally responsible for compliance with all applicable local, national, and international laws and regulations, ensuring you have the legal authority to enter into agreements with us, providing accurate and truthful information in all communications, and maintaining the confidentiality of any sensitive information shared during project discussions.

2. Conduct Requirements

You agree to conduct yourself in a professional manner when interacting with our team, respect the intellectual property and proprietary information of Nebula and third parties, refrain from abusive, threatening, or harassing behavior toward our staff, and cooperate in good faith during project development processes.

3. Prohibited Activities

You must not attempt to reverse engineer or copy our proprietary methodologies, use our services to develop competing arcade game development services, engage in any activity that could damage our reputation or business relationships, submit malicious code or harmful content through our platforms, or misrepresent your identity, affiliation, or project intentions.

4. Content Guidelines

Any content you provide to us must be your own original work or properly licensed, not infringe on any third-party rights, be free from illegal or harmful material, and comply with all applicable content regulations in your jurisdiction.

5. Age Restrictions

Our services are intended for individuals who are at least 18 years of age or the age of majority in their jurisdiction. By using our services, you represent and warrant that you meet these age requirements.

User Responsibilities

1. Compliance with Laws

You are solely responsible for ensuring your use of our services complies with all applicable laws and regulations in your jurisdiction. This includes but is not limited to intellectual property laws, data protection regulations, consumer protection laws, and industry-specific regulations applicable to arcade gaming.

2. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Nebula, its directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your breach of these terms, your violation of any law or regulation, infringement of third-party rights through your use of our services, or any content or information you provide to us.

3. Privacy and Data Protection

You are responsible for ensuring that any personal data you share with us is collected and shared lawfully, obtaining necessary consents from individuals whose data you provide, informing us of any special data handling requirements, and complying with applicable data protection laws in your jurisdiction.

4. Third-Party Interactions

Your interactions with third parties resulting from our services are solely between you and such third parties. We are not responsible for any disputes, claims, or damages arising from these interactions.

Disclaimers and Limitations of Liability

1. Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis. We make no warranties, expressed or implied, regarding the accuracy, reliability, or completeness of information on our website, the uninterrupted or error-free operation of our services, the fitness for a particular purpose of our services, or the results that may be achieved through our arcade game development services.

2. Limitation of Liability

To the maximum extent permitted by law, Nebula shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services, including but not limited to loss of profits, loss of data, loss of business opportunities, or damage to reputation. Our total liability for any claims arising from these terms or your use of our services shall not exceed the amount you have paid to us in the twelve months preceding the claim.

3. Consequential Damages Exclusion

We are not liable for any consequential damages that may result from delays in service delivery, technical difficulties or system failures, changes to our service offerings, actions or omissions of third-party service providers, or market conditions affecting arcade game success.

4. Force Majeure Provisions

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, acts of war or terrorism, government actions or restrictions, labor disputes, or technical failures in third-party infrastructure.

5. Professional Service Limitations

While we bring expertise and creativity to every project, we cannot guarantee specific market outcomes, player engagement levels, revenue generation, or commercial success. Multiple factors beyond our control influence arcade game performance in the market.

Legal Information and Dispute Resolution

1. Governing Law

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

2. Jurisdiction

You agree that any legal action or proceeding arising from these terms shall be brought exclusively in the courts located in São Paulo, Brazil. You consent to the personal jurisdiction of these courts and waive any objection to venue in these courts.

3. Dispute Resolution Procedures

In the event of any dispute arising from these terms or our services, the parties agree to first attempt resolution through good faith negotiation. If negotiation does not resolve the dispute within 30 days, either party may initiate mediation with a mutually agreed mediator. Only after these attempts at amicable resolution may formal legal proceedings be initiated.

4. Class Action Waiver

To the extent permitted by law, you agree that any dispute will be resolved on an individual basis and that you waive any right to participate in a class action lawsuit or class-wide arbitration.

5. Statute of Limitations

Any cause of action arising from these terms must be commenced within one year after the cause of action accrues. After this period, such cause of action is permanently barred.

General Provisions

1. 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 Nebula regarding your use of our services and supersede all prior agreements and understandings.

2. Severability Clause

If any provision of these terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, it shall be severed from these terms. The remaining provisions shall continue in full force and effect.

3. No Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Nebula.

4. Assignment Rights

You may not assign, transfer, or delegate your rights or obligations under these terms without our prior written consent. We may freely assign our rights and obligations under these terms in connection with a merger, acquisition, sale of assets, or by operation of law.

5. Terms Modification Policy

We reserve the right to modify these Terms and Conditions at any time. We will notify users of material changes by posting the updated terms on our website with a new effective date. Your continued use of our services after such modifications constitutes acceptance of the updated terms.

6. Language and Translation

These Terms and Conditions are written in English. If translated into other languages, the English version shall prevail in case of any inconsistency or dispute regarding interpretation.

7. Survival of Terms

Provisions regarding intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution shall survive termination of these terms or your relationship with Nebula.