1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "Partner", "you") and BetahGames ("Studio", "we", "us", "our"), a game development studio registered in Germany.

By accessing or using our website, services, or engaging with our game development projects, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease all use of our services and website.

2. SCOPE OF SERVICES

2.1 Development Services

We provide game development services, including but not limited to design, programming, asset creation, and blockchain/cryptocurrency integration for gaming applications ("Games" or "Projects").

2.2 Licensing Model

We develop Games that are licensed or leased to third-party hosting companies, platforms, or partners ("Hosting Partners"). We do not operate, host, or maintain the live operation of Games after delivery unless explicitly agreed upon in a separate written agreement.

2.3 No Hosting Services

We expressly do not provide hosting, server infrastructure, player support, payment processing, or ongoing operational services for Games. Any such services are the sole responsibility of Hosting Partners.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Ownership

All intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, source code, game mechanics, designs, concepts, documentation, and any derivative works related to our Games remain the exclusive property of the Studio.

3.2 Limited License

Upon full payment and execution of a separate licensing agreement, Clients receive only a limited, non-exclusive, non-transferable license to operate the Game as specified in the licensing agreement. This license does not include:

• Rights to modify, reverse engineer, decompile, or create derivative works

• Rights to sublicense or transfer the Game to third parties without written consent

• Ownership of any intellectual property

• Access to source code unless explicitly agreed in writing

3.3 Third-Party Components

Games may incorporate third-party libraries, assets, or tools. Clients are responsible for compliance with all third-party licenses and terms.

3.4 Client Materials

Any materials, content, or assets provided by Client remain Client's property. By providing such materials, Client grants us a worldwide, royalty-free license to use them solely for the purpose of developing and delivering the contracted Project.

4. LIMITATION OF LIABILITY AND WARRANTIES

4.1 AS-IS Provision

ALL GAMES, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability

• Fitness for a particular purpose

• Non-infringement

• Uninterrupted or error-free operation

• Accuracy or reliability of results

4.2 No Operational Warranties

We make no warranties regarding:

• Performance of Games in live production environments

• Scalability or server load capacity

• Security vulnerabilities or exploits

• Compatibility with third-party systems

• Revenue generation or player retention

• Regulatory compliance in any jurisdiction

4.3 Blockchain and Cryptocurrency Disclaimer

Regarding blockchain, cryptocurrency, NFT, or Web3 integrations:

• We provide no warranties regarding smart contract functionality, security, or immutability

• We are not responsible for blockchain network failures, gas fees, or transaction delays

• We make no representations regarding the legal or regulatory status of cryptocurrency features

• Token economics, value, or market performance are entirely outside our control and responsibility

• Client assumes all risks related to cryptocurrency volatility and regulatory changes

4.4 Maximum Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO CLIENT FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

4.5 Exclusion of Consequential Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Lost profits or revenue

• Loss of data or business information

• Business interruption

• Reputational damage

• Cost of substitute services

• Player claims or complaints

This exclusion applies regardless of whether such damages were foreseeable and whether we were advised of the possibility of such damages.

4.6 Client Responsibility

Client acknowledges and accepts sole responsibility for:

• Operation and hosting of Games

• Player support and customer service

• Payment processing and financial transactions

• Compliance with gambling, gaming, and cryptocurrency regulations

• Data protection and privacy compliance

• Security measures and breach response

• Marketing claims and representations to players

5. DEVELOPMENT AND DELIVERY

5.1 Project Specifications

All Projects are developed according to specifications agreed upon in separate project agreements or statements of work. Any changes to specifications may result in additional fees and timeline adjustments.

5.2 Testing and Acceptance

Client is responsible for thorough testing of delivered Games. Acceptance occurs upon delivery unless Client provides written notice of material defects within the testing period specified in the project agreement.

5.3 Post-Delivery Support

Unless otherwise agreed in writing, we provide no ongoing support, maintenance, updates, or bug fixes after project delivery and final payment. Any post-delivery services require a separate support agreement.

5.4 No Guarantee of Functionality

While we strive for quality, we do not guarantee that Games will be free from bugs, errors, or security vulnerabilities when operated in live production environments by Hosting Partners.

6. DATA COLLECTION AND PRIVACY

6.1 Website Data Collection

We collect and process data from visitors to our website, including but not limited to:

• Technical information (IP addresses, browser type, device information)

• Usage data (pages viewed, time spent, navigation patterns)

• Contact information voluntarily provided

• Cookies and similar tracking technologies

6.2 Purpose of Data Collection

We may use collected data for:

• Website analytics and improvement

• Marketing and business development

• Security and fraud prevention

• Communication with potential clients and partners

• Research and development purposes

• Any other lawful business purpose

6.3 Data Retention

We reserve the right to retain collected data for as long as necessary for our business purposes, legal obligations, or as permitted by applicable law.

6.4 Third-Party Services

We may use third-party analytics, hosting, and marketing services that collect data independently. These services operate under their own privacy policies.

6.5 GDPR Compliance

For users in the European Economic Area, we process data in accordance with the General Data Protection Regulation (GDPR). Users have rights to access, rectification, erasure, and portability of their personal data. Contact us at [CONTACT EMAIL] to exercise these rights.

6.6 Future Data Uses

We reserve the right to use collected data for purposes not currently specified, provided such uses comply with applicable data protection laws and our privacy policy.

7. PARTNER AND CLIENT RELATIONSHIPS

7.1 Separate Agreements

These Terms govern use of our website and general relationship. Specific development projects, licensing arrangements, and partnerships require separate written agreements.

7.2 No Partnership

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the Studio and Client.

7.3 Independent Contractor

The Studio operates as an independent contractor. Client has no authority to bind the Studio or make representations on our behalf.

7.4 Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the relationship. This obligation survives termination of the relationship.

8. REGULATORY AND COMPLIANCE

8.1 Client Responsibility

Client is solely responsible for:

• Obtaining all necessary licenses and permits to operate Games

• Compliance with gambling and gaming laws in all relevant jurisdictions

• Compliance with cryptocurrency and financial regulations

• Age verification and responsible gaming measures

• Anti-money laundering (AML) and Know Your Customer (KYC) requirements

• Tax obligations and reporting

8.2 No Legal Advice

We provide no legal, regulatory, or compliance advice. Client must consult their own legal counsel regarding operation of Games.

8.3 Regulatory Changes

We are not responsible for Games becoming non-compliant due to changes in laws or regulations after delivery.

9. INDEMNIFICATION

Client agrees to indemnify, defend, and hold harmless the Studio, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Client's operation or hosting of Games

• Player disputes or claims

• Regulatory violations or enforcement actions

• Breach of these Terms or any separate agreement

• Misuse or unauthorized modification of Games

• Client's marketing, representations, or business practices

• Data breaches or privacy violations in Client's systems

10. PAYMENT TERMS

10.1 Fees

All fees are specified in separate project agreements or invoices. Payment terms are net 30 days unless otherwise agreed.

10.2 No Refunds

All payments are non-refundable except as required by applicable law or as explicitly stated in a project agreement.

10.3 Late Payment

Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

10.4 Suspension of Services

We reserve the right to suspend services or licenses for non-payment.

11. TERM AND TERMINATION

11.1 Term

These Terms remain in effect as long as you access our website or maintain any relationship with us.

11.2 Termination Rights

We may terminate or suspend access to our website or services immediately, without notice, for any reason, including breach of these Terms.

11.3 Effect of Termination

Upon termination:

• All licenses granted to Client terminate immediately

• Client must cease all use of our intellectual property

• Client remains liable for all outstanding payments

• Sections regarding intellectual property, limitation of liability, and indemnification survive termination

12. MODIFICATIONS TO TERMS

12.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes become effective upon posting to our website.

12.2 Notification

We will make reasonable efforts to notify Clients of material changes, but continued use of our website or services constitutes acceptance of modified Terms.

12.3 Separate Agreements

Modifications to these Terms do not automatically modify separate written agreements, which remain governed by their own terms.

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms are governed by the laws of Germany [or Ireland, as applicable], without regard to conflict of law provisions.

13.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of [CITY, GERMANY/IRELAND].

13.3 Arbitration

The parties may agree to resolve disputes through binding arbitration in accordance with the rules of [ARBITRATION BODY] before resorting to litigation.

13.4 Legal Fees

The prevailing party in any dispute shall be entitled to recover reasonable attorneys' fees and costs.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with any separate written agreements, constitute the entire agreement between the parties and supersede all prior understandings or agreements.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

14.4 Assignment

Client may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, or failure of third-party services.

14.6 Language

The English version of these Terms is the official and controlling version. Any translations are provided for convenience only.

15. CONTACT INFORMATION

For questions about these Terms, please contact us at:

BetahGames
Email: hi@betahgames.com
Website: betahgames.com

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.