Terms and Conditions

Legal Agreement

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

If you do not agree with any part of these Terms and Conditions, you must not use our website or services. These terms apply to all visitors, users, clients, and others who access or use our services.

Effective Date: November 24, 2025

User Obligations and Responsibilities

1. Compliance with Laws

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

• Copyright and intellectual property laws
• Data protection and privacy regulations
• Consumer protection laws
• Anti-fraud and anti-money laundering regulations
• Export control and sanctions laws

2. Prohibited Activities and Behaviors

When using our services, you explicitly agree not to engage in any of the following prohibited activities:

× Violating any applicable laws, regulations, or third-party rights
× Engaging in fraudulent, deceptive, or misleading practices
× Transmitting harmful code, viruses, malware, or any destructive programs
× Attempting to gain unauthorized access to our systems, accounts, or networks
× Interfering with or disrupting the integrity or performance of our services
× Collecting or harvesting any information about other users without consent
× Using our services to spam, harass, or abuse others
× Impersonating any person or entity or falsely stating or misrepresenting your affiliation
× Reverse engineering, decompiling, or disassembling any aspect of our services
× Using automated systems to access our services without permission

3. Content Guidelines and Restrictions

If you submit any content to us (through contact forms, emails, or project materials), you agree that such content must not:

× Infringe on intellectual property rights or proprietary rights of any party
× Contain defamatory, obscene, offensive, or hateful material
× Include personal information of third parties without their consent
× Promote illegal activities or violate any laws
× Contain viruses, corrupted files, or any harmful components

4. Age Restrictions and Requirements

Our services are intended for use by individuals who are at least 18 years old or the age of legal 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 agreements. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian.

5. Account Accuracy and Updates

You are responsible for providing accurate, current, and complete information when communicating with us or engaging our services. You must promptly update any information you provide to ensure it remains accurate and current. Providing false, outdated, or incomplete information may result in termination of service.

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Shimmerfall, its affiliates, officers, directors, employees, agents, contractors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use or misuse of our website or services
• Your violation of these Terms and Conditions
• Your violation of any rights of any third party, including intellectual property rights
• Any content you submit, post, or transmit through our services
• Your breach of any representation or warranty in these terms
• Any harm caused to any third party through your actions

This indemnification obligation will survive the termination of these Terms and Conditions and your use of our services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

Privacy and Data Protection

Your privacy is important to us. By using our services, you acknowledge and agree that your personal information will be collected, used, and shared in accordance with our Privacy Policy. You are responsible for reviewing our Privacy Policy to understand how we handle your data.

You agree that we may process your personal data as necessary to provide our services and as outlined in our Privacy Policy. If you provide us with personal information about third parties, you represent that you have obtained all necessary consents and have the authority to share such information with us.

For detailed information about our data practices, please refer to our Privacy Policy available at this link.

Liability Limitations and Warranties

Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. To the fullest extent permissible under applicable law, Shimmerfall disclaims all warranties, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties that the services will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that defects will be corrected or that our services are free from viruses

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Shimmerfall, its affiliates, directors, employees, or agents 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
• Loss of goodwill or reputation
• Cost of procurement of substitute services
• Any other intangible losses

This limitation applies regardless of whether such damages arise from contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

Consequential Damages Exclusion

In jurisdictions where liability cannot be excluded or limited by law, our liability shall be limited to the maximum extent permitted by applicable law. In no case shall our total aggregate liability exceed the amount you paid to us for the services in the twelve months preceding the claim, or one hundred euros (€100), whichever is greater.

Force Majeure

Shimmerfall shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, labor disputes, governmental actions, failure of third-party service providers, or network infrastructure failures. During such events, our obligations under these terms shall be suspended for the duration of the force majeure event.

Third-Party Interactions and Relationships

Our website may contain links to third-party websites, services, or resources that are not owned, controlled, or operated by Shimmerfall. We provide these links for your convenience but do not endorse or assume responsibility for the content, products, services, or practices of any third parties.

Your interactions with third-party organizations or individuals found through our services, including payment transactions and the delivery of related goods or services, are solely between you and such third parties. You agree that Shimmerfall is not responsible or liable for any loss or damage incurred as a result of such dealings or as a result of the presence of third-party links on our website.

You should review the terms and policies of any third-party websites or services before engaging with them. We strongly encourage you to conduct your own due diligence when interacting with third parties through or in connection with our services.

Legal Information and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the substantive laws of Austria, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms.

Jurisdiction

Any disputes, claims, or controversies arising out of or relating to these Terms and Conditions or the breach thereof shall be subject to the exclusive jurisdiction of the competent courts in Vienna, Austria. By using our services, you irrevocably consent to the jurisdiction of such courts.

Consumer Rights

If you are a consumer residing in the European Union, nothing in these terms affects your mandatory statutory rights under applicable consumer protection laws. You may have additional rights under your local consumer protection laws that cannot be waived or limited by contract.

Dispute Resolution Procedures

Before filing any formal legal claim, we encourage you to contact us directly to seek a resolution. Many disputes can be resolved informally and amicably through good-faith negotiations. If you have a concern:

• Contact us with a detailed description of your concern
• Allow us at least 30 days to investigate and respond
• Work with us in good faith to resolve the matter

Severability and Interpretation

Severability Clause: If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

Entire Agreement: These Terms and Conditions, together with our Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and Shimmerfall concerning your use of our services and supersede all prior agreements and understandings.

No Waiver: Our failure to enforce any right or provision of these terms shall not constitute a waiver of future enforcement of that right or provision. Any waiver must be in writing and signed by an authorized representative of Shimmerfall.

Assignment: You may not assign or transfer these Terms and Conditions or any rights granted hereunder without our prior written consent. We may assign these terms at any time without restriction.

Modifications to Terms

We reserve the right to modify, update, or replace these Terms and Conditions at any time in our sole discretion. Material changes will be communicated to you by posting a notice on our website or through other appropriate means. The "Effective Date" at the beginning of these terms will reflect when changes were last made.

It is your responsibility to review these Terms and Conditions periodically for changes. Your continued use of our website or services following the posting of revised terms means that you accept and agree to the changes.

If you do not agree to the modified terms, you must discontinue your use of our services. If a revision is material and you are a consumer with ongoing services, we will provide at least 30 days' advance notice before the revised terms take effect.

Company Information