Terms of Service - Foxfire Pixel

Welcome to Foxfire Pixel. These Terms of Service govern your access to and use of our website, services, and any game development work we provide. By accessing our website or engaging our services, you agree to be bound by these terms. If you do not agree with any part of these terms, please do not use our services.

These terms constitute a legally binding agreement between you and Foxfire Pixel. Please read them carefully before using our services or website.

Contact Information

Foxfire Pixel
65 Yonge Street
Toronto, ON M5E 1J4
Canada

Phone: +14163927120
Email: info@foxfire-pixel.com

Service Usage Terms

Acceptable Use Policy

When using our website and services, you agree to use them only for lawful purposes and in accordance with these Terms of Service. You must not use our services in any way that violates applicable local, national, or international laws or regulations.

Prohibited activities include attempting to gain unauthorized access to our systems, interfering with the proper functioning of our services, transmitting harmful code or malware, engaging in fraudulent activities, or using our services to harass, abuse, or harm others.

Service Scope and Limitations

Our game development services are provided as outlined in individual project proposals and agreements. The specific scope, deliverables, timelines, and pricing for each project will be documented in a separate contract or statement of work.

We specialize in arcade and simple game development with focus on flying experiences, daily challenges, and launch support. Services outside this specialization may not be available or may require special arrangements.

Website Access and Use

We grant you a limited, non-exclusive, non-transferable right to access and use our website for its intended purposes. This includes viewing information about our services, contacting us through provided forms, and accessing any resources we make available.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content from our website without our express written permission, except as necessary for normal website viewing.

Fair Usage Guidelines

We ask that you use our contact forms and communication channels responsibly. Excessive or abusive use of our systems, spam, or automated queries without permission may result in restricted access to our services. We reserve the right to limit or terminate access for users who violate fair usage principles.

Project Engagement and Client Relationships

Project Initiation

Project work begins only after both parties have signed a project agreement or statement of work. Initial consultations and proposals do not constitute a commitment to provide services unless explicitly agreed upon in writing.

You are responsible for providing accurate information about your project requirements, timelines, and any constraints that may affect our ability to deliver services. Inaccurate or incomplete information may impact project scope, timeline, or costs.

Client Responsibilities

As a client, you agree to provide timely feedback, approvals, and any necessary materials or information required for project completion. Delays in providing required information may affect project timelines and deliverables.

You are responsible for ensuring you have the necessary rights and permissions for any materials you provide to us for use in your project, including assets, branding elements, and intellectual property.

Project Modifications

Changes to project scope, features, or requirements after work has begun may affect timelines and costs. Significant scope changes will require a revised project agreement and may incur additional fees. We will work with you to assess the impact of any requested changes before proceeding.

Communication and Updates

We provide regular project updates as specified in individual project agreements. Clients are expected to maintain reasonable availability for scheduled meetings, reviews, and feedback sessions. Extended periods of unresponsiveness may result in project delays or suspension.

Service Availability and Modifications

Website Uptime and Maintenance

While we strive to maintain continuous website availability, we do not guarantee uninterrupted access. Our website may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We will attempt to provide advance notice of scheduled maintenance when possible.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. This includes changes to our service offerings, pricing structures, website features, or operational procedures.

Modifications to services will not affect ongoing projects covered by existing agreements unless mutually agreed upon or required by circumstances beyond our control.

Capacity and Availability

Our ability to take on new projects depends on our current workload and capacity. We reserve the right to decline projects that do not align with our specialization, exceed our capacity, or are not a good fit for our services. Project acceptance is at our discretion.

Intellectual Property Rights

Website Content Ownership

All content on our website, including text, graphics, logos, images, and software, is the property of Foxfire Pixel or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute this content without our express permission.

Project Work and Deliverables

Intellectual property rights for project deliverables are addressed in individual project agreements. Typically, upon full payment, clients receive ownership or appropriate licenses for the final deliverables as specified in the project agreement.

We retain the right to showcase completed work in our portfolio and marketing materials unless otherwise agreed in writing. We also retain ownership of any general methodologies, techniques, or knowledge gained during project work.

Third-Party Materials

Projects may incorporate third-party libraries, assets, or technologies subject to their own licenses. You are responsible for complying with any third-party license terms for materials included in your project. We will inform you of any such requirements during project work.

Payment Terms and Fees

Payment terms, schedules, and amounts are specified in individual project agreements. Unless otherwise stated:

All fees are quoted in USD and are subject to applicable taxes
Payment is required according to the schedule outlined in your project agreement
Late payments may result in project suspension and additional fees
Refunds, if any, are handled according to the terms in your project agreement

Pricing is subject to change, but any changes will not affect projects with existing signed agreements unless mutually agreed upon.

Termination and Cancellation

Either party may terminate a project engagement according to the terms specified in the project agreement. Termination procedures, including notice periods and financial obligations, are outlined in individual project contracts.

We reserve the right to suspend or terminate access to our website or refuse service to anyone who violates these Terms of Service, engages in abusive behavior, or for any other reason at our sole discretion.

In the event of termination, you remain responsible for any outstanding payments for work completed up to the termination date. The ownership and usage rights for partially completed work will be addressed according to the project agreement.

Disclaimers and Limitations

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 guarantee that our services will be uninterrupted, error-free, or completely secure.

While we strive for quality in all our work, we make no warranties regarding the commercial success, user reception, or performance of games we develop. Game success depends on numerous factors beyond our control, including market conditions, marketing efforts, timing, and player preferences.

To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by applicable law, Foxfire Pixel shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or other intangible losses resulting from your use of or inability to use our services.

Our total liability for any claims arising from or related to our services shall not exceed the amount you paid us for the specific service giving rise to the claim.

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

Governing Law and Disputes

These Terms of Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes arising from these terms or our services shall be resolved first through good faith negotiation. If negotiation fails, disputes will be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.

Before initiating any legal action, the parties agree to attempt to resolve disputes through mediation or other alternative dispute resolution methods when appropriate.

General Provisions

Entire Agreement

These Terms of Service, together with any project-specific agreements and our Privacy Policy, constitute the entire agreement between you and Foxfire Pixel regarding our services.

Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Assignment

You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations without restriction.

Waiver

Our failure to enforce any right or provision of these terms will not constitute a waiver of that right or provision.

Changes to Terms of Service

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting on this page with an updated "Last Updated" date. Your continued use of our services after changes are posted constitutes acceptance of the modified terms. We encourage you to review these terms periodically. Material changes will be communicated through our website or via email when appropriate.

Questions About These Terms

If you have questions or concerns about these Terms of Service, please contact us. We're happy to clarify any aspect of these terms or discuss how they apply to your situation.

Contact Us