Terms and Conditions

Last updated: October 31, 2025

Address:

Tußmannstraße 76, 40477 Düsseldorf, Germany

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Bit Foundry. By accessing our website, engaging with our content, or using our arcade game development services, you acknowledge that you have read, understood, and agree to be bound by these terms in their entirety.

If you do not agree with any part of these Terms and Conditions, you must immediately cease all use of our website and services. Continued use after any modifications to these terms constitutes acceptance of the updated terms.

These terms work in conjunction with our Terms of Service and Privacy Policy to form the complete agreement between you and Bit Foundry. In the event of any conflict between documents, these Terms and Conditions shall take precedence.

User Obligations and Conduct Requirements

Legal Compliance

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

  • 1. Intellectual property laws and respecting the rights of copyright holders
  • 2. Data protection and privacy regulations in your jurisdiction
  • 3. Consumer protection laws and fair trading practices
  • 4. Export control and sanctions regulations
  • 5. Laws governing electronic communications and digital commerce

Prohibited Activities

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

  • × Attempting to reverse engineer, decompile, or disassemble any part of our services or technology
  • × Transmitting viruses, malware, or any malicious code that could harm our systems or other users
  • × Conducting unauthorized security testing or vulnerability scanning
  • × Circumventing or attempting to circumvent any security measures or access restrictions
  • × Using our services for any unlawful purpose or to facilitate illegal activities
  • × Misrepresenting your identity or affiliation with any person or entity
  • × Engaging in any activity that could damage our reputation or business interests

Professional Conduct

When interacting with our team, other users, or any party connected with Bit Foundry, you agree to maintain professional, respectful, and ethical conduct. Harassment, discrimination, threatening behavior, or abusive language will not be tolerated and may result in immediate termination of service access.

Content Guidelines

Any content you submit through our website, including contact forms, project descriptions, or communications, must be accurate, lawful, and appropriate. You may not submit content that is defamatory, obscene, discriminatory, infringing on others' rights, or otherwise objectionable.

User Responsibilities and Indemnification

Personal Responsibility

You are solely responsible for your use of our website and services. This includes ensuring that your use complies with all applicable laws and regulations, maintaining the security of your account credentials, verifying the accuracy of information you provide, and taking appropriate precautions to protect your own systems and data.

Indemnification Clause

You agree to indemnify, defend, and hold harmless Bit Foundry, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

  • Your violation of these Terms and Conditions or any applicable laws
  • Your infringement of any intellectual property or other rights of third parties
  • Any content you submit or make available through our services
  • Your use or misuse of our website and services
  • Any breach of representations or warranties you make in these terms

Cooperation with Investigations

You agree to cooperate fully with any investigation or legal proceeding related to your use of our services, including providing relevant information and documentation upon request.

Disclaimers and Warranties

Service Provided As Is

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.

No Guarantee of Results

While we strive to provide high-quality arcade game development services, we do not guarantee specific outcomes, results, or success metrics. Project results depend on numerous factors beyond our control, including market conditions, execution quality, timing, and other variables.

Information Accuracy

We make reasonable efforts to ensure the accuracy and currency of information on our website. However, we do not warrant that all information is complete, accurate, reliable, or up to date. You should independently verify any information before relying on it for important decisions.

Technical Reliability

We do not guarantee uninterrupted, timely, secure, or error-free operation of our website and services. Technical issues, maintenance requirements, security incidents, or other factors may cause temporary disruptions or limitations.

Third-Party Content

Our website may contain links to or references to third-party websites, services, or content. We do not endorse, control, or assume responsibility for any third-party materials and make no warranties regarding their accuracy, legality, or appropriateness.

Limitation of Liability

General Limitations

To the maximum extent permitted by applicable law, Bit Foundry, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from your use or inability to use our services.

Specific Exclusions

We are not liable for damages resulting from:

  • Unauthorized access to or alteration of your data or communications
  • Statements or conduct of any third party using our services
  • Service interruptions, delays, or technical failures
  • Viruses or other harmful components transmitted through our website
  • Errors, omissions, or inaccuracies in content
  • Your reliance on information obtained through our services

Liability Cap

In no event shall our total aggregate liability to you for all claims arising from or related to these terms or your use of our services exceed the amount you paid to us for services in the twelve months preceding the claim, or one hundred British Pounds (£100), whichever is greater.

Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

Force Majeure

Bit Foundry 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:

  • Natural disasters, acts of God, or severe weather conditions
  • War, terrorism, civil unrest, or government actions
  • Pandemics, epidemics, or public health emergencies
  • Strikes, labor disputes, or supply chain disruptions
  • Internet service failures, cyber attacks, or technical infrastructure breakdowns
  • Changes in laws or regulations that prevent performance

In the event of force majeure, our obligations will be suspended for the duration of the event. We will make reasonable efforts to notify you of such circumstances and resume performance as soon as practicable.

Dispute Resolution and Governing Law

Governing Law

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

Jurisdiction

You agree that any legal action or proceeding arising from or related to these terms shall be brought exclusively in the courts of England and Wales. You consent to the personal jurisdiction of such courts and waive any objection to venue or inconvenient forum.

Informal Resolution

Before initiating formal legal proceedings, we encourage you to contact us to seek an informal resolution. Many disputes can be resolved through open communication and good faith negotiation. Please reach out to us at the contact information provided at the end of these terms.

Time Limitation

Any claim arising from these terms or your use of our services must be filed within one year after the claim arose. Claims filed after this period will be permanently barred.

General Provisions

Entire Agreement

These Terms and Conditions, together with our Terms of Service and Privacy Policy, constitute the entire agreement between you and Bit Foundry regarding your use of our website and services, superseding any prior agreements or understandings.

Severability

If any provision of these terms 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.

No Waiver

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

Assignment

You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign or transfer our rights and obligations at any time without restriction.

Headings

Section headings in these terms are for convenience only and do not affect the interpretation or meaning of any provision.

Survival

Provisions that by their nature should survive termination of these terms shall survive, including but not limited to provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.

Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website with an updated revision date. Material changes may be communicated through additional means such as email or prominent website notices.

It is your responsibility to review these terms periodically for updates. Your continued use of our website or services after changes are posted constitutes acceptance of the modified terms. If you do not agree with the changes, you must discontinue use of our services.

Contact Information

For questions, concerns, or notices regarding these Terms and Conditions, please contact us:

Bit Foundry

Tußmannstraße 76, 40477 Düsseldorf, Germany

Email: info@bit-fou-ndry.com

Phone: +44 20 3847 9612

You can also use our contact form for inquiries.