Terms of Service

1. Acceptance of Terms

By accessing and using the Kindred website and services, you accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.

These terms apply to all visitors, users, and others who access or use our services, whether as a guest or registered user.

2. Description of Services

Kindred provides arcade game development services, including but not limited to:

Custom arcade game development and programming
Arcade operator training and consultation services
Performance optimization for existing arcade games
Technical support and maintenance services
Project consultation and planning assistance

Our services are provided on a project basis with terms specified in individual service agreements. The specific scope, deliverables, timeline, and pricing for each project will be outlined in a separate agreement between you and Kindred.

3. Service Usage Terms

3.1 Acceptable Use

You agree to use our website and services only for lawful purposes and in accordance with these Terms. You agree not to:

Use our services in any way that violates applicable local, national, or international law
Engage in conduct that restricts or inhibits anyone's use of the website
Attempt to gain unauthorized access to our systems or networks
Interfere with or disrupt the integrity or performance of our website
Collect or store personal data about other users without their consent

3.2 Website Access

We grant you a limited, non-exclusive, non-transferable right to access and use our website for its intended purposes. This right does not include:

Any resale or commercial use of our website or its contents
Downloading or copying content except for personal, non-commercial use
Using data mining, robots, or similar data gathering tools
Creating derivative works from our website content

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of our services.

4. Account Terms and Access

4.1 Account Creation

While general website access does not require an account, certain services may require you to create an account. When creating an account, you must:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security of your account credentials
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized access

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We recommend using strong passwords and not sharing your credentials with others.

4.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account if:

You violate these Terms of Service
We suspect fraudulent or illegal activity
You provide false or misleading information
Your account remains inactive for an extended period
We discontinue services to your region

5. Service Availability and Limitations

5.1 Uptime and Maintenance

While we strive to maintain continuous website availability, we do not guarantee uninterrupted access. We may perform scheduled or emergency maintenance that temporarily restricts access to our website or services. We will make reasonable efforts to notify you of planned maintenance in advance.

5.2 Geographic Restrictions

While we primarily operate from the Netherlands, we provide services to clients worldwide. However, certain services may not be available in all geographic locations due to legal, technical, or business considerations.

5.3 Service Updates and Changes

We may update, modify, or enhance our services from time to time. These changes may include new features, improvements to existing functionality, or removal of outdated features. We will communicate significant changes through our website or by email.

5.4 Fair Usage Guidelines

Our services are intended for legitimate business purposes. We expect users to engage with our services in good faith and in a manner that does not adversely affect other users or our ability to provide services. Excessive or abusive use may result in service limitations or termination.

6. Intellectual Property Rights

6.1 Our Content Ownership

All content on our website, including but not limited to text, graphics, logos, images, software, and design elements, is the property of Kindred or its licensors and is protected by international copyright, trademark, and other intellectual property laws.

6.2 Project Deliverables

Ownership and licensing of project deliverables will be specified in individual service agreements. Generally, upon full payment, clients receive the agreed-upon rights to use the delivered work as specified in their service agreement.

6.3 License Grant to Users

We grant you a limited, non-exclusive, non-transferable license to access and use our website for its intended purposes. This license does not include any right to:

Modify or create derivative works from our website content
Use our trademarks or branding without written permission
Remove copyright or proprietary notices
Republish our content on other websites or platforms

6.4 Copyright and Trademark Notices

All trademarks, service marks, and trade names used on our website are proprietary to Kindred or their respective owners. Unauthorized use of any trademarks or service marks may violate applicable laws.

7. Payment and Billing Terms

Payment terms for services are specified in individual project agreements. Generally:

Prices are quoted in USD unless otherwise specified
Payment schedules and milestones are outlined in service agreements
Invoices are payable within the timeframe specified in your agreement
Late payments may incur additional fees as specified in your agreement
We reserve the right to suspend services for non-payment

8. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our services, you consent to our data practices as described in our Privacy Policy.

We are committed to protecting your privacy and handling your data responsibly in accordance with applicable data protection laws, including GDPR where applicable.

9. Disclaimers and Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not warrant that:

Our website or services will be uninterrupted, timely, secure, or error-free
The results obtained from using our services will be accurate or reliable
The quality of any services or information obtained will meet your expectations
Any errors in our website or services will be corrected

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINDRED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or business opportunities
Loss of data or information
Business interruption or work stoppage
Cost of substitute services
Any other commercial damages or losses

This limitation applies regardless of the legal theory on which the claim is based and even if we have been advised of the possibility of such damages.

Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you to Kindred for the specific service giving rise to the claim during the twelve months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kindred, 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 website or services
Your violation of these Terms of Service
Your violation of any third-party rights, including intellectual property rights
Any content or information you provide through our services

12. Dispute Resolution and Governing Law

12.1 Governing Law

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 principles.

12.2 Jurisdiction

Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts located in the Netherlands.

12.3 Informal Resolution

Before initiating any formal legal proceedings, we encourage you to contact us to seek an informal resolution of any disputes. Many issues can be resolved through direct communication.

13. General Provisions

13.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Kindred regarding your use of our website and services.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Kindred.

13.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

14. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify users of any material changes by:

Posting the updated Terms on our website
Updating the "Last Updated" date below
Sending email notifications to registered users for significant changes

Your continued use of our services after changes to these Terms constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you should discontinue use of our services.

15. Contact Information

If you have questions about these Terms of Service, please contact us:

Kindred

Kruisweg 795, 2132 NG Hoofddorp, Netherlands

Email: info@kin-dred.com

Phone: +31 20 653 8472