Terms of Service

Service Provider

Shimmerfall

Kärntner Straße 51

1010 Wien, Austria

Phone: +4317181081

Email: info@sh-immer-fall.com

Agreement to Terms

These Terms of Service govern your access to and use of the Shimmerfall website and game development services. By accessing or using our website, you agree to be bound by these terms. If you disagree with any part of these terms, you may not access our services.

These terms constitute a legally binding agreement between you and Shimmerfall. Please read them carefully before using our services.

Effective Date: November 25, 2025

Use of Our Services

Acceptable Use Policy

When using our website and services, you agree to:

• Use the services only for lawful purposes and in accordance with these terms
• Provide accurate and complete information when contacting us or using our services
• Respect the intellectual property rights of Shimmerfall and third parties
• Not attempt to gain unauthorized access to any portion of the website or services
• Not use automated systems or software to extract data from our website without permission

Prohibited Uses

You may not use our website or services to:

× Engage in any unlawful, fraudulent, or deceptive activities
× Transmit viruses, malware, or any other harmful computer code
× Harass, abuse, or harm other users or third parties
× Impersonate any person or entity or misrepresent your affiliation with any person or entity
× Interfere with or disrupt the operation of our website or services
× Collect or store personal data about other users without their consent
× Use our services in any manner that could damage, disable, or impair our systems

Service Access Requirements

To access and use our services, you must have a compatible internet connection and device. You are responsible for ensuring that your equipment and internet connection are adequate for accessing our website and services. We do not guarantee that our services will be compatible with all devices or internet configurations.

Fair Usage Guidelines

We expect all users to interact with our website and services reasonably and fairly. Excessive or abusive use of our resources, including but not limited to automated requests, repeated form submissions, or other behavior that places undue burden on our systems, may result in temporary or permanent restriction of access.

Account and Access

Account Creation

While our website does not currently require account creation for general browsing, if we introduce account-based features in the future, you will be responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must be at least 18 years old or the age of legal majority in your jurisdiction to create an account.

Account Security

If account features are implemented, you agree to:

• Choose a strong password and keep it confidential
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities conducted through your account
• Not share your account credentials with others

Account Suspension and Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without notice, for any violation of these Terms of Service or for any other reason we deem appropriate. Upon termination, your right to use our services will immediately cease. We are not liable to you or any third party for any termination of access to our services.

Multiple Account Policy

You may not create multiple accounts to circumvent restrictions or for any deceptive purpose. We reserve the right to consolidate or terminate duplicate accounts without notice.

Service Availability and Modifications

Uptime and Maintenance

While we strive to provide continuous availability of our website and services, we do not guarantee uninterrupted access. Our services may be temporarily unavailable due to scheduled maintenance, updates, or unforeseen technical issues. We will make reasonable efforts to provide advance notice of scheduled maintenance when possible.

Feature Availability

The features and functionality available on our website may vary from time to time. We reserve the right to add, modify, or remove features at our discretion. Some features may be available only to certain users or under specific conditions.

Geographic Restrictions

Our services are primarily intended for users in Austria and Europe, though we work with clients worldwide. Certain features or services may not be available in all geographic locations. We make no representation that materials on our website are appropriate or available for use in all locations.

Service Modifications and Updates

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice or liability. This includes the right to change pricing, features, technical specifications, and availability. Your continued use of our services after any such changes constitutes acceptance of those changes.

Intellectual Property Rights

Our Content Ownership

All content on our website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Shimmerfall or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on this site is our exclusive property.

Your Content Submissions

When you submit content to us through contact forms, emails, or other means, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content for the purpose of providing our services and improving our website. You represent and warrant that:

• You own or have the necessary rights to the content you submit
• Your content does not infringe on the intellectual property rights of others
• Your content does not contain defamatory, offensive, or illegal material

License Grant to You

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes in accordance with these Terms of Service. This license does not include any right to download, copy, modify, or resell any portion of our website or its content without our express written permission.

Trademark Notice

Shimmerfall and our logo are trademarks of Shimmerfall. You may not use these trademarks without our prior written consent. All other trademarks appearing on our website are the property of their respective owners.

Payment Terms and Pricing

Pricing for our game development services is displayed on our website and may be subject to change. All prices are listed in USD (United States Dollars) unless otherwise specified. We reserve the right to modify our pricing at any time, though such changes will not affect projects or services for which payment has already been received.

Payment terms for specific projects will be outlined in separate service agreements. Generally, payment may be required in full upfront or according to milestone schedules as agreed upon. We accept various payment methods, which will be specified during the engagement process.

All fees are non-refundable unless explicitly stated otherwise in a separate agreement or as required by applicable law. If you believe you have been charged incorrectly, please contact us within 30 days of the charge.

Third-Party Services and Links

Our website may contain links to third-party websites or services that are not owned or controlled by Shimmerfall. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We may use third-party service providers to facilitate our services, such as analytics tools, hosting services, or payment processors. These third parties have access to your information only to perform specific tasks on our behalf and are obligated to protect your information.

You acknowledge and agree that Shimmerfall shall not be responsible or liable for any damage or loss caused by or in connection with your use of any third-party content, goods, or services available through such websites or services.

Disclaimers and Limitations

Service Disclaimer

Our website and services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, secure, or error-free. We make no warranties regarding the accuracy, reliability, or completeness of any content on our website.

Results Disclaimer

While we strive to provide high-quality game development services, we cannot guarantee specific results or outcomes. Success in game development depends on numerous factors beyond our control, including market conditions, execution, and timing. Any information or advice provided on our website is for general informational purposes only and should not be considered as a guarantee of specific results.

Limitation of Liability

To the fullest extent permitted by applicable law, Shimmerfall shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your access to or use of or inability to access or use our services.

Indemnification

You agree to indemnify, defend, and hold harmless Shimmerfall and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements, including reasonable legal fees, arising out of or related to your use of our services, your violation of these Terms of Service, your violation of any rights of a third party, or any content you submit to us.

Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions. Any legal action or proceeding arising under these terms shall be brought exclusively in the courts located in Vienna, Austria.

If you are a consumer located in the European Union, you may also have the right to bring a claim in the courts of your country of residence. Nothing in these terms affects your rights as a consumer under mandatory local consumer protection laws.

Severability and Waiver

Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

Waiver

Our failure to enforce any right or provision of these terms shall not be considered a waiver of those rights. Any waiver of any provision of these terms will be effective only if in writing and signed by Shimmerfall.

Changes to Terms of Service

We reserve the right to modify or replace these Terms of Service at any time at our sole discretion. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect by posting a notice on our website. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our services.