Terms and Conditions

Last Updated: August 1, 2023

1. Introduction

Welcome to BuildGames ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our website located at https://buildgames.space (the "Website") and the services we provide (collectively, the "Services").

By accessing our Website or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Website or use our Services.

2. Services Description

BuildGames provides Android game development services, including but not limited to custom game development, game design, art and animation, game porting, multiplayer integration, and game testing and quality assurance.

The specific details, deliverables, timeline, and payment terms for each project will be outlined in a separate agreement or statement of work between BuildGames and the client.

3. Client Responsibilities

As a client, you agree to:

  • Provide clear requirements, feedback, and necessary materials in a timely manner
  • Review and approve deliverables within the agreed timeframe
  • Make payments according to the agreed payment schedule
  • Obtain all necessary rights, licenses, and permissions for any content or materials you provide to us
  • Comply with all applicable laws and regulations

4. Intellectual Property Rights

4.1 Client Materials

You retain all rights to any materials, content, or intellectual property you provide to us for the purpose of fulfilling the Services ("Client Materials"). You grant us a limited license to use, reproduce, and modify the Client Materials solely for the purpose of providing the Services.

4.2 Deliverables

Upon full payment of all fees due, and unless otherwise specified in a separate agreement, we transfer to you all rights, title, and interest in the final deliverables created specifically for you as part of the Services.

4.3 Pre-existing Materials

We retain all rights to any pre-existing materials, tools, frameworks, or methodologies that we use in the creation of the deliverables. We grant you a non-exclusive, perpetual license to use these pre-existing materials solely as part of the deliverables.

4.4 Portfolio Rights

Unless explicitly stated otherwise in writing, we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles, and in books about design.

5. Payment Terms

Payment terms will be specified in the project agreement or statement of work. Unless otherwise agreed:

  • We require a non-refundable deposit before commencing work
  • Milestone payments will be invoiced according to the agreed schedule
  • Final payment is due upon project completion and before the transfer of deliverables
  • Invoices are payable within 14 days of receipt
  • Late payments may incur interest charges and/or suspension of services

6. Project Changes and Cancellation

6.1 Change Requests

Any changes to the agreed scope of work must be submitted in writing. We will evaluate change requests and may adjust the timeline and fees accordingly. Work on change requests will only commence after mutual agreement on the revised terms.

6.2 Project Cancellation

If you wish to cancel a project after work has commenced:

  • The initial deposit is non-refundable
  • You will be invoiced for all work completed up to the cancellation date
  • Any materials or deliverables provided before full payment will remain our property

7. Confidentiality

Each party agrees to keep confidential any proprietary or sensitive information disclosed by the other party during the course of the project. This includes, but is not limited to, business strategies, customer information, technical specifications, and unreleased game concepts.

This confidentiality obligation survives the termination of our Services but does not apply to information that:

  • Is or becomes publicly available through no fault of the receiving party
  • Was known to the receiving party prior to disclosure
  • Is independently developed by the receiving party without use of the confidential information
  • Is rightfully obtained from a third party without restriction
  • Is required to be disclosed by law or legal process

8. Warranties and Representations

8.1 Our Warranties

We warrant that:

  • We have the right and authority to enter into and perform our obligations under these Terms
  • The Services will be performed in a professional and workmanlike manner
  • To the best of our knowledge, the deliverables will not infringe upon the intellectual property rights of any third party

8.2 Client Warranties

You warrant that:

  • You have the right and authority to enter into and perform your obligations under these Terms
  • You own or have obtained all necessary licenses and permissions for any Client Materials provided to us
  • The Client Materials do not infringe upon the intellectual property rights or other rights of any third party

9. Limitation of Liability

In no event shall BuildGames be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use our Services
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from our Services
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services

Our total liability for any claims under these Terms shall not exceed the amount paid by you for the Services during the six (6) months preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless BuildGames and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:

  • Your access to or use of our Services
  • Your violation of these Terms
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
  • Any claim that your Client Materials caused damage to a third party

11. Dispute Resolution

Any dispute arising from or relating to these Terms or our Services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to mediation in Lahore, Pakistan, in accordance with the mediation rules of the Pakistan Mediation Association.

If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in Lahore, Pakistan, in accordance with the arbitration rules of the Pakistan Arbitration Association. The decision of the arbitrator shall be final and binding on both parties.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Pakistan, without regard to its conflict of law provisions.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our Website. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

14. Contact Information

If you have any questions about these Terms, please contact us at:

BuildGames
C-Block, Eden Value Homes
Lahore, Pakistan
Email: contact@buildgames.space