Terms and Conditions

1. Legal Compliance

You agree to comply with all applicable local, national, and international laws, statutes, regulations, and ordinances when using our services. This includes, but is not limited to:

• • Intellectual property laws and copyright regulations
• • Data protection and privacy laws (including GDPR)
• • Consumer protection regulations
• • Export control and trade sanction laws
• • Anti-discrimination and fair business practice laws

2. Accurate Information

You warrant that all information you provide to us is accurate, current, and complete. You agree to promptly update your information if it changes. Providing false, misleading, or outdated information may result in termination of services and potential legal consequences.

3. Professional Conduct

When interacting with PROQEL, you agree to:

• • Treat our team members with respect and professionalism
• • Communicate clearly and honestly about project requirements
• • Respond to requests for information or clarification in a timely manner
• • Honor payment obligations as agreed in contracts
• • Maintain confidentiality of any proprietary information shared during our collaboration

4. Prohibited Activities

You expressly agree not to:

• • Use our services for any unlawful, harmful, or fraudulent purposes
• • Engage in activities that could damage, disable, or impair our website or services
• • Attempt to gain unauthorized access to our systems, accounts, or confidential information
• • Distribute malware, viruses, or any malicious code through our services
• • Violate the intellectual property rights of PROQEL or third parties
• • Harass, threaten, or abuse our team members or other users
• • Use automated systems or software to extract data from our website without permission
• • Impersonate any person or entity, or falsely represent your affiliation with any entity

5. Indemnification

You agree to indemnify, defend, and hold harmless PROQEL, its directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to your violation of these Terms and Conditions, your use of our services, or your violation of any rights of third parties.

1. Disclaimer of Warranties

Our website and 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, PROQEL disclaims all warranties, including but not limited to:

• • Warranties of merchantability, fitness for a particular purpose, and non-infringement
• • Warranties regarding the accuracy, reliability, or completeness of content
• • Warranties that our services will be uninterrupted, secure, or error-free
• • Warranties regarding the results that may be obtained from use of our services

While we strive to provide high-quality services, we do not guarantee specific outcomes or results from game development projects.

2. Limitation of Liability

To the maximum extent permitted by applicable law, PROQEL 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
• • Cost of substitute services
• • Business interruption
• • Personal injury or property damage

In no event shall our total liability to you for all damages exceed the amount you paid to us in the six months prior to the event giving rise to the liability, or €500, whichever is greater.

3. Professional Services Disclaimer

While we provide professional game development services, we do not guarantee commercial success, user adoption, or financial returns from any games we develop. Market performance depends on numerous factors beyond our control, including market conditions, marketing efforts, timing, competition, and user preferences. You acknowledge that game development involves inherent risks and uncertainties.

4. Third-Party Content and Services

We are not responsible for the accuracy, legality, or appropriateness of content, products, or services provided by third parties that may be linked from our website or integrated into our services. We do not endorse or assume any liability for third-party content, products, or services.

5. Force Majeure

PROQEL shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

6. Jurisdiction-Specific Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations and exclusions may not apply to you, and our liability will be limited to the greatest extent permitted by applicable law.

1. Individual Project Terms

Specific game development projects will be governed by individual contracts that detail scope, deliverables, timelines, payment terms, and intellectual property arrangements. These project-specific contracts supplement these general Terms and Conditions.

2. Scope Changes

Changes to project scope, timeline, or deliverables must be agreed upon in writing by both parties. Significant scope changes may result in adjusted pricing and timelines. We reserve the right to decline scope changes that substantially alter the original project vision or that we determine to be unfeasible.

3. Client Responsibilities

Successful project completion requires client cooperation. You agree to:

• • Provide necessary materials, assets, and information in a timely manner
• • Review deliverables and provide feedback within agreed timeframes
• • Make timely decisions on project-related matters
• • Ensure availability of designated project contacts
• • Meet payment obligations according to contract terms

Delays caused by failure to meet these responsibilities may result in adjusted project timelines and potential additional costs.

4. Project Termination

Either party may terminate a project contract according to the termination provisions outlined in the specific project agreement. Generally, termination rights include provisions for breach of contract, non-payment, or mutual agreement. Upon termination, you will be responsible for payment for work completed up to the termination date.

1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

2. Jurisdiction

For any disputes arising from or related to these Terms and Conditions or our services, you agree to submit to the exclusive jurisdiction of the courts located in Lisbon, Portugal. However, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights.

3. Dispute Resolution Procedure

Before initiating formal legal proceedings, parties agree to attempt to resolve disputes through the following process:

• • Informal Negotiation: Contact us to describe the dispute and attempt to resolve it informally within 30 days
• • Mediation: If informal negotiation fails, both parties agree to participate in good faith mediation before a mutually agreed mediator
• • Formal Proceedings: Only after exhausting the above steps may either party initiate formal legal proceedings

4. Class Action Waiver

To the extent permitted by applicable law, you agree that disputes will be resolved on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in class action lawsuits or class-wide arbitration against PROQEL.

5. Time Limitation on Claims

Any claim or cause of action arising from or related to use of our services or these Terms and Conditions must be filed within one year after the claim or cause of action arose, or it will be permanently barred, to the extent permitted by applicable law.

1. Entire Agreement

These Terms and Conditions, together with our Terms of Service, Privacy Policy, Cookie Policy, and any specific project contracts, constitute the entire agreement between you and PROQEL regarding use of our services and supersede all prior agreements and understandings, whether written or oral.

2. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If modification is not possible, the provision shall be severed, and the remaining provisions shall remain in full force and effect.

3. Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of PROQEL. A waiver in one instance shall not constitute a waiver in any other instance.

4. Assignment

You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent. We may assign or transfer our rights and obligations without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

5. Relationship of Parties

Nothing in these Terms and Conditions creates any agency, partnership, joint venture, or employment relationship between you and PROQEL. You have no authority to bind PROQEL or make commitments on our behalf.

6. Survival

Provisions that by their nature should survive termination of these Terms and Conditions shall survive, including but not limited to indemnification, limitation of liability, dispute resolution, and intellectual property provisions.

7. Language

These Terms and Conditions are written in English. Any translations provided are for convenience only. In case of any discrepancy between the English version and a translation, the English version shall prevail.

8. Notices

All notices to PROQEL under these Terms and Conditions should be sent through our contact page or to the address listed at the top of this document. We may provide notices to you via email to the address you provided, by posting on our website, or through other reasonable means.