These Terms and Conditions (“Agreement”) govern the use of services provided by KashDevelop.Tech (“we”, “our”, “us”) for clients seeking to develop Android games. By engaging with our services, you (“Client”, “you”) agree to comply with and be bound by the terms outlined in this Agreement. If you do not agree to these terms, you should not use our services.
1. Services Provided
KashDevelop.Tech provides Android game development services, including but not limited to game design, development, coding, testing, deployment, and maintenance. The scope of services will be defined in a separate Statement of Work (SOW) or project agreement between KashDevelop.Tech and the Client.
2. Project Scope and Deliverables
The details of each project, including timelines, milestones, deliverables, and specifications, will be outlined in the Statement of Work (SOW) or project agreement. Both parties agree to abide by these terms for each specific project.
Any changes to the agreed-upon scope of work must be requested in writing and may incur additional charges and/or affect delivery timelines. Any additions or modifications to the project after the agreement is signed may require a formal change order, which may also affect the overall project cost.
3. Payment Terms
- Project Fees: The Client agrees to pay the fees for the services as outlined in the Statement of Work (SOW). Payment schedules will typically include an initial deposit, progress payments based on milestones, and final payment upon completion.
- Payment Methods: Payments can be made via [insert accepted payment methods, e.g., bank transfer, PayPal, etc.].
- Late Payments: Any payment not made by the agreed due date may incur a late fee of [specify late fee, e.g., 1.5% per month or the maximum allowable by law], and KashDevelop.Tech reserves the right to suspend or terminate services if payments are not received within [X] days.
4. Ownership of Intellectual Property
- Client Rights: Upon full payment, the Client will own all intellectual property rights (IP) related to the final game product, including source code, artwork, and assets developed specifically for the project.
- KashDevelop.Tech Rights: KashDevelop.Tech retains the right to use non-client-specific code, libraries, frameworks, and development tools in other projects. We also retain the right to showcase the developed game in our portfolio, promotional materials, or case studies, unless otherwise agreed.
5. Client Responsibilities
- Content and Assets: The Client is responsible for providing all necessary content, including but not limited to images, branding, logos, and any proprietary materials, unless otherwise agreed in the SOW. The Client also confirms that they have the right to use and distribute such content.
- Access: The Client will provide necessary access to any third-party platforms, software, or services required for the project, including but not limited to app stores, game servers, and analytics platforms.
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project. This includes, but is not limited to, business plans, data, code, and other materials. Confidentiality obligations will remain in effect even after the project is completed.
7. Project Delays and Force Majeure
Neither party will be held liable for delays or failure to perform due to events beyond their control, including but not limited to natural disasters, government actions, strikes, or other force majeure events. Both parties will make reasonable efforts to minimize delays and agree to inform each other promptly if such events occur.
8. Warranty and Support
- Warranty: KashDevelop.Tech provides a limited warranty for defects in the final product. If bugs or defects are found in the game after completion and delivery, we will address and fix those bugs as part of the post-launch support within a [specify period, e.g., 30 days] period. This warranty does not cover issues caused by the Client’s changes or third-party services.
- Support: Post-launch support beyond the warranty period may be provided for an additional fee, which will be outlined in the Statement of Work or a separate support agreement.
9. Termination
Either party may terminate the agreement in writing with [insert notice period, e.g., 30 days] notice. If the Client terminates the agreement before the completion of the project, the Client will be responsible for payment of all work completed up to the date of termination. If KashDevelop.Tech terminates the agreement due to non-payment or breach of terms, the Client will be responsible for payment of all completed work.
10. Limitation of Liability
KashDevelop.Tech’s liability for any claim arising out of this Agreement, whether in contract, tort, or otherwise, will be limited to the total amount paid by the Client for the specific project giving rise to the claim. In no event shall KashDevelop.Tech be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profit, business interruption, or loss of data.
11. Indemnity
The Client agrees to indemnify, defend, and hold harmless KashDevelop.Tech and its employees, contractors, and agents from any claims, losses, liabilities, damages, or expenses (including legal fees) arising from the Client’s use of the game, violation of intellectual property rights, or any breach of the terms outlined in this Agreement.
12. Governing Law
This Agreement will be governed by and construed in accordance with the laws of [your jurisdiction], without regard to its conflict of law principles. Any disputes that arise under this Agreement will be subject to the exclusive jurisdiction of the courts in [insert jurisdiction].
13. Amendments
KashDevelop.Tech reserves the right to amend or update these Terms and Conditions at any time. Any changes will be communicated to the Client, and continued use of the services will be deemed acceptance of the updated Terms.
14. Entire Agreement
This Agreement, together with any Statement of Work or other written agreements, constitutes the entire agreement between KashDevelop.Tech and the Client and supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter of this Agreement.