Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Sundial Games website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these terms, you must not use our services.

We reserve the right to modify these terms at any time. Your continued use of our services after changes are posted constitutes acceptance of the modified terms.

2. Service Description

Sundial Games provides game development services, including but not limited to racing game development, fitness game integration, and Benelux market strategy consulting. Our website serves as an information platform and contact point for potential clients.

We strive to ensure the accuracy of information on our website, but we do not guarantee that all content is complete, current, or error-free. Service descriptions and specifications are subject to change without notice.

3. Acceptable Use Policy

When using our services, you agree to:

You agree NOT to:

4. Account and Access

5. Service Availability and Modifications

6. Intellectual Property Rights

7. Third-Party Links and Services

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

You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit.

8. Pricing and Payment

Pricing for our game development services is provided upon request and may vary based on project scope, complexity, and timeline. All prices are quoted in USD unless otherwise specified.

Payment terms will be outlined in individual service agreements. We reserve the right to change our prices at any time, but price changes will not affect orders already confirmed.

All fees are non-refundable unless otherwise stated in a specific service agreement or required by applicable law.

9. Disclaimer of Warranties

Our 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, Sundial Games disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• • Our services will meet your specific requirements
• • Our services will be uninterrupted, timely, secure, or error-free
• • The results obtained from using our services will be accurate or reliable
• • Any defects in our services will be corrected

10. Limitation of Liability

To the maximum extent permitted by applicable law, Sundial Games shall not 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 access to or use of (or inability to access or use) our services
• • Any conduct or content of any third party on our services
• • Any content obtained from our services
• • Unauthorized access, use, or alteration of your transmissions or content

Our total liability for any claim arising out of or relating to these terms or our services shall not exceed the amount you paid us, if any, in the twelve months preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Sundial Games, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of our services, your violation of these terms, or your infringement of any intellectual property or other rights of any third party.

12. Governing Law and Jurisdiction

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

Any disputes arising from or relating to these terms or our services shall be subject to the exclusive jurisdiction of the courts of Amsterdam, Netherlands. However, we retain the right to bring legal proceedings in any jurisdiction where you reside or conduct business.

13. Dispute Resolution

We encourage you to contact us first if you have any concerns or disputes. We will make reasonable efforts to resolve any issues informally.

If we cannot resolve a dispute through informal means, you agree to submit to binding arbitration in accordance with the rules of the Netherlands Arbitration Institute, except where prohibited by law. The arbitration will take place in Amsterdam, Netherlands, and will be conducted in English.

14. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Sundial Games concerning our services and supersede all prior or contemporaneous agreements and understandings.