Terms of Service

These Terms of Service govern your use of Basilwind's website and game development services. By accessing our website or engaging our services, you agree to be bound by these terms.

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

1. Acceptance of Terms

By accessing or using Basilwind's website and services, you acknowledge that you have read, understood, 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 prospective client, current client, or general website visitor.

We reserve the right to modify these terms at any time. Your continued use of our services after changes are posted constitutes your acceptance of the modified terms.

2. Service Description

Basilwind provides game development services, specializing in arcade games, AI opponent systems, and coordination of Eastern European development partnerships. Our services include but are not limited to:

Shooter Arcade Game Development

Development of arcade-style shooter games with responsive mechanics, satisfying weapon feedback, and engaging gameplay loops designed for immediate player enjoyment.

AI Opponent Systems

Creation of intelligent game AI with appropriate difficulty scaling, believable behavior patterns, and fair challenge mechanics for single-player experiences.

Development Coordination

Coordination and management of partnerships with Polish, Ukrainian, and other Eastern European development studios for art production, programming, and quality assurance.

Specific service deliverables, timelines, and pricing are defined in individual project agreements or service contracts.

3. Acceptable Use Policy

When using our website or services, you agree to comply with all applicable laws and regulations. You agree not to:

• Use our services for any unlawful purpose or in violation of any applicable regulations

• Attempt to gain unauthorized access to our systems, networks, or data

• Transmit any malicious code, viruses, or harmful materials through our website

• Interfere with or disrupt the integrity or performance of our services

• Use automated systems or software to extract data from our website without permission

• Impersonate any person or entity or falsely state or misrepresent your affiliation

• Collect or store personal information about other users without their consent

• Use our services to compete with us or develop competing products or services

Violation of this Acceptable Use Policy may result in immediate termination of your access to our services and may subject you to civil and criminal liability.

4. Service Access and Requirements

Website Access

Our website is publicly accessible for informational purposes. However, certain features or content may require registration or authentication. We reserve the right to restrict access to any part of our website at our discretion.

Service Engagement

To engage our game development services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal authority to enter into binding agreements
• Provide accurate and complete information when requested
• Maintain the confidentiality of any account credentials provided

Geographic Restrictions

While we primarily serve clients globally, certain services or features may not be available in all geographic locations due to legal, regulatory, or operational constraints. We reserve the right to refuse service in any jurisdiction where we cannot comply with applicable laws.

5. Service Availability and Modifications

Website Uptime

We strive to maintain continuous availability of our website but do not guarantee uninterrupted access. Our website may be unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We are not liable for any loss or inconvenience resulting from website downtime.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. This includes changes to features, pricing, service offerings, or operational procedures. Ongoing projects are governed by their specific agreements and will be completed according to those terms.

System Maintenance

Scheduled maintenance may be performed with or without advance notice. We will make reasonable efforts to minimize disruption but cannot guarantee specific maintenance windows or availability during updates.

6. Intellectual Property Rights

Our Content

All content on our website, including text, graphics, logos, design elements, code, and other materials, is owned by Basilwind or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without explicit written permission.

Project Deliverables

Intellectual property rights for project deliverables are defined in individual service agreements. Generally:

• Upon full payment, clients receive ownership or license rights as specified in the project agreement
• Basilwind retains rights to reusable code, tools, and methodologies developed independently
• Portfolio rights and case study usage are negotiated on a project-by-project basis

Third-Party Materials

Our website and services may contain links or references to third-party content, tools, or services. We do not claim ownership of third-party intellectual property and are not responsible for the accuracy, legality, or appropriateness of such content.

7. User-Provided Content

When you submit information, materials, or content to us (including through contact forms, project briefs, or other communications):

• You represent that you own or have the necessary rights to submit such content

• You grant us a license to use, reproduce, and store this content for service delivery purposes

• You are responsible for the accuracy and legality of content you provide

• We may retain project-related content for archival, legal, or quality purposes as outlined in our Privacy Policy

8. Payment and Pricing

Pricing Structure

Service pricing is typically provided on a fixed-price project basis as indicated on our website or in custom proposals. Pricing may vary based on project scope, complexity, timeline, and specific requirements. All prices are quoted in USD unless otherwise specified.

Payment Terms

Standard payment terms are outlined in individual service agreements and may include:

• Initial deposit required to commence work (typically 30-50% of project total)
• Milestone payments based on project progress and deliverables
• Final payment due upon project completion and before final delivery
• Payment due within 14 days of invoice date unless otherwise agreed

Late Payments

Late payments may incur interest charges and may result in suspension of work or services until payment is received. We reserve the right to require full payment before delivering final project assets.

9. Termination and Suspension

Termination by Us

We reserve the right to suspend or terminate your access to our services at any time, with or without notice, for violation of these Terms of Service, non-payment, abusive behavior, or any other reason we deem appropriate. Ongoing projects may be terminated according to their specific agreements.

Termination by You

You may discontinue use of our website at any time. For active service engagements, termination terms are governed by individual project agreements. Early termination may result in payment obligations for work completed to date.

Effect of Termination

Upon termination, your right to access our services ceases immediately. Provisions regarding intellectual property, confidentiality, payment obligations, and liability limitations survive termination.

10. Warranties and Disclaimers

Our services are provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, to the fullest extent permitted by law.

We do not warrant that our website or services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We make no guarantees regarding the accuracy, completeness, or reliability of information on our website.

For development services, we provide professional workmanship consistent with industry standards, but we cannot guarantee specific project outcomes, market success, or that deliverables will meet all your expectations or business objectives.

Any warranties or guarantees specific to service deliverables are outlined in individual project agreements and supersede these general disclaimers for contracted services only.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Basilwind shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.

Our total liability for any claims arising from our services, whether in contract, tort, or otherwise, shall not exceed the amount you paid us for the specific service giving rise to the claim, or $1,000 USD, whichever is greater.

We are not liable for any losses or damages resulting from circumstances beyond our reasonable control, including but not limited to: internet failures, equipment malfunctions, acts of God, government actions, labor disputes, or third-party service failures.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential damages, so the above limitations may not apply to you. In such cases, our liability is limited to the greatest extent permitted by law.

12. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of Poland. Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Warsaw, Poland.

If you are a consumer in the European Union, you also have rights under EU consumer protection laws, and nothing in these terms affects those statutory rights.

Questions About These Terms?

If you have questions about these Terms of Service or need clarification on any provision, please contact us:

Basilwind

Marszałkowska 142, 00-061 Warszawa, Poland

Email: info@basilwind.com

Phone: +48730285283

Company Information