Terms and Conditions

These Terms and Conditions establish the legal framework for your relationship with Basilwind. By engaging with our services or website, you enter into a binding agreement subject to these terms.

Effective date: November 15, 2024 | Last updated: December 2, 2025

1. Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Basilwind.

By accessing our website, submitting inquiries, or engaging our game development services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety. If you do not agree with any provision, you must not use our website or services.

These terms supplement and work in conjunction with our Terms of Service, Privacy Policy, and any specific project agreements. In the event of conflict between these general terms and a specific written agreement, the specific agreement shall prevail for that particular matter.

You represent that you have the legal capacity and authority to enter into this agreement. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms.

2. User Obligations and Responsibilities

2.1 Lawful Conduct

You agree to use our services in compliance with all applicable laws, regulations, and industry standards. This includes but is not limited to:

• Compliance with local, national, and international laws governing business transactions

• Adherence to intellectual property laws and respecting third-party rights

• Compliance with data protection regulations including GDPR

• Following export control laws if applicable to game content or technology

2.2 Accurate Information

You are responsible for providing accurate, complete, and current information when engaging with our services. This includes contact details, project requirements, business information, and any other data necessary for service delivery. You must promptly update us if any information changes.

2.3 Prohibited Activities

You explicitly agree not to engage in the following activities:

• Requesting development of content that infringes on third-party intellectual property rights

• Using our services to create illegal, harmful, or offensive content

• Misrepresenting project requirements or withholding relevant information

• Reverse engineering, decompiling, or attempting to extract proprietary methodologies

• Engaging in fraudulent activities or payment disputes without legitimate grounds

2.4 Communication Responsibilities

You agree to maintain professional communication, respond to requests for information in a timely manner, and provide necessary feedback for project progress. Delays in your response may impact project timelines and deliverables.

3. Indemnification

You agree to indemnify, defend, and hold harmless Basilwind, its officers, directors, employees, contractors, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

Your Conduct

Any violation of these Terms and Conditions, misuse of our services, or breach of your obligations under this agreement.

Content Provided

Any content, information, or materials you provide that infringe on third-party rights or violate applicable laws.

Third-Party Claims

Claims by third parties arising from your use of deliverables or implementation of services we provide.

Legal Violations

Your violation of any laws, regulations, or third-party rights in connection with your use of our services.

This indemnification obligation survives termination of your relationship with Basilwind.

4. Liability Limitations and Disclaimers

4.1 Service Disclaimers

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

We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that our services will meet your specific requirements or that deliverables will achieve particular market results.

4.2 Limitation of Damages

To the maximum extent permitted by applicable law, Basilwind shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages

• Loss of profits, revenue, data, or business opportunities

• Business interruption or loss of goodwill

• Cost of procurement of substitute services

• Any damages arising from your reliance on information obtained through our services

4.3 Liability Cap

Our total aggregate liability for all claims arising from or related to our services, whether in contract, tort, or otherwise, shall not exceed the total amount you paid us in the twelve months preceding the claim, or €1,000, whichever is greater.

4.4 Exceptions

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.

5. Force Majeure

Neither party shall be liable for any failure or delay in performing obligations under these terms if such failure or delay is due to circumstances beyond their reasonable control, including but not limited to:

• Acts of God, natural disasters, or severe weather

• War, terrorism, civil unrest, or government actions

• Labor strikes or disputes

• Epidemics or pandemics

• Internet service failures or cyber attacks

• Power outages or infrastructure failures

• Supplier or third-party service failures

• Changes in law or regulation

In the event of force majeure, the affected party shall notify the other party promptly and make reasonable efforts to mitigate the impact. Performance timelines may be extended by the duration of the force majeure event.

6. Confidentiality

6.1 Definition

"Confidential Information" means any non-public information disclosed by either party, including but not limited to business plans, technical specifications, project details, pricing information, trade secrets, and proprietary methodologies.

6.2 Obligations

Both parties agree to:

• Maintain confidentiality of all Confidential Information

• Use Confidential Information solely for the purposes of the business relationship

• Limit disclosure to employees and contractors who need to know

• Protect Confidential Information with the same care used for their own confidential materials

6.3 Exceptions

Confidentiality obligations do not apply to information that: is publicly available, was already known to the receiving party, is independently developed, or must be disclosed by law.

7. Dispute Resolution

7.1 Negotiation

In the event of any dispute, controversy, or claim arising from or relating to these Terms and Conditions, the parties agree to first attempt to resolve the matter through good-faith negotiation. Either party may initiate negotiations by providing written notice to the other party describing the dispute.

7.2 Mediation

If the parties cannot resolve the dispute through negotiation within 30 days, they agree to submit the matter to mediation before a mutually acceptable mediator in Warsaw, Poland. The costs of mediation shall be shared equally unless otherwise agreed.

7.3 Arbitration or Litigation

If mediation fails to resolve the dispute within 60 days, either party may pursue legal remedies through the courts of Warsaw, Poland, which shall have exclusive jurisdiction over any legal proceedings.

7.4 Continuing Obligations

During any dispute resolution process, both parties shall continue to perform their non-disputed obligations under these terms and any applicable service agreements.

8. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law principles.

Any legal action or proceeding arising from or related to these terms shall be brought exclusively in the courts of Warsaw, Poland. You consent to the personal jurisdiction of such courts and waive any objection to venue.

If you are a consumer located in the European Union, you retain any rights provided under EU consumer protection law, and nothing in these terms affects mandatory consumer rights under applicable law.

9. 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 the original intent. If modification is not possible, the invalid provision shall be severed, and the remaining provisions shall continue in full force and effect.

10. Entire Agreement and Modifications

10.1 Complete Agreement

These Terms and Conditions, together with our Terms of Service, Privacy Policy, and any specific project agreements, constitute the entire agreement between you and Basilwind regarding your use of our services. They supersede all prior or contemporaneous communications, whether oral or written.

10.2 Modifications

We reserve the right to modify these Terms and Conditions at any time by posting updated terms on our website with a new "Last updated" date. Material changes will be communicated through our website or via email where appropriate. Your continued use of our services after modifications constitutes acceptance of the updated terms.

10.3 No Waiver

Our failure to enforce any provision of these terms shall not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative of Basilwind.

Legal Inquiries

For questions regarding these Terms and Conditions or legal matters related to our services:

Basilwind

Marszałkowska 142, 00-061 Warszawa, Poland

Email: info@basilwind.com

Phone: +48730285283

Company Information