Terms and Conditions

Binding Agreement

These Terms and Conditions constitute a legally binding agreement between you and Northstar. By accessing our website, submitting inquiries, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these terms in their entirety.

Important Notice

If you do not agree with any part of these Terms and Conditions, you must not use our services or website. These terms supplement and should be read in conjunction with our Terms of Service, Privacy Policy, and any specific service agreements.

User Eligibility and Capacity

By using our services, you represent and warrant that you meet the following eligibility requirements.

Capacity Requirements

You are at least 18 years of age or have reached the age of majority in your jurisdiction
You have the legal capacity to enter into binding contracts
You are authorized to represent your organization if acting on behalf of a business entity
Your use of our services does not violate any applicable laws or regulations
You have not previously been suspended or banned from using our services

User Obligations and Responsibilities

As a user of our services, you agree to fulfill the following obligations and maintain compliance with legal and ethical standards.

1. Accurate Information

You must provide accurate, current, and complete information when submitting inquiries, creating accounts, or engaging our services. You agree to promptly update any information that becomes outdated or inaccurate. Providing false or misleading information may result in termination of services and potential legal action.

2. Compliance with Laws

You are responsible for ensuring that your use of our services complies with all applicable laws, regulations, and industry standards in your jurisdiction and any jurisdictions where you operate. This includes but is not limited to intellectual property laws, data protection regulations, export control laws, and gaming regulations.

3. Professional Conduct

You agree to conduct yourself professionally in all interactions with Northstar staff, contractors, and partners. This includes:

• Maintaining respectful and courteous communication
• Refraining from harassment, discrimination, or abusive behavior
• Responding to requests for information in a timely manner
• Providing constructive feedback when appropriate

4. Intellectual Property Respect

You must respect the intellectual property rights of Northstar and third parties. You may not copy, reproduce, distribute, or create derivative works from our proprietary materials without explicit written permission. Any content you provide to us must not infringe on the intellectual property rights of others.

5. Security and Access Control

If provided with access credentials or sensitive information, you must maintain appropriate security measures to protect such information from unauthorized access. You agree to notify us immediately if you become aware of any security breach or unauthorized use of your access credentials.

6. Timely Communication

You agree to communicate in a timely manner regarding project requirements, feedback, approvals, and payments. Delays in communication may impact project timelines and deliverables. We are not responsible for delays caused by lack of timely response from your side.

Prohibited Activities

The following activities are strictly prohibited when using our services or website.

Restricted Actions

Attempting to gain unauthorized access to our systems, networks, or data
Interfering with or disrupting the operation of our services or servers
Using our services for any illegal or fraudulent purpose
Transmitting viruses, malware, or other harmful code
Engaging in data scraping, mining, or automated data collection without permission
Reverse engineering or attempting to extract source code from our software
Impersonating Northstar staff or misrepresenting your affiliation with us
Sharing confidential information without authorization
Using our services to compete with our business or develop competing offerings
Violating the privacy or intellectual property rights of others

Indemnification

You agree to indemnify, defend, and hold harmless Northstar, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses arising from:

Your violation of these Terms and Conditions or applicable laws
Your infringement of intellectual property rights or other rights of third parties
Your misuse of our services or website
Your breach of confidentiality obligations
Any negligent or willful misconduct on your part
Claims arising from content or materials you provide to us

This indemnification obligation survives termination of your use of our services and applies to the fullest extent permitted by law.

Disclaimers and Warranties

Understanding the limitations of warranties helps set appropriate expectations for our services.

Service Disclaimer

Our services are provided on an "as is" and "as available" basis. While we strive for excellence, we make no warranties or representations about the accuracy, reliability, completeness, or timeliness of our services or website content. We do not guarantee specific outcomes or results from using our services.

No Guarantee of Success

While we provide professional services based on our expertise and experience, we cannot guarantee specific outcomes such as funding success, market performance, or commercial viability of arcade games. Results depend on numerous factors beyond our control, including market conditions, competition, and execution quality.

Third-Party Content and Links

Our website may contain links to third-party websites or references to external resources. We are not responsible for the content, accuracy, or practices of third-party sites. These links are provided for convenience only and do not imply endorsement.

Technical Limitations

We do not warrant that our services will be uninterrupted, error-free, or free from viruses or other harmful components. Technical issues, server downtime, or maintenance may occasionally affect service availability. We are not liable for any damages resulting from such technical limitations.

Limitation of Liability

To the maximum extent permitted by applicable law, Northstar's liability is limited as follows.

Exclusion of Consequential Damages

In no event shall Northstar be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or reputation, whether or not we have been advised of the possibility of such damages.

Aggregate Liability Cap

Our total aggregate liability for all claims arising from or related to our services or these Terms and Conditions shall not exceed the total fees paid by you to Northstar in the 12 months preceding the claim, or €10,000, whichever is less.

Exceptions to Limitations

These limitations do not apply to liability that cannot be excluded or limited under applicable law, such as liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by our negligence.

Force Majeure

Northstar shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

Natural Events

• Acts of God, natural disasters
• Severe weather conditions
• Earthquakes, floods, fires
• Epidemics or pandemics

External Factors

• War, terrorism, civil unrest
• Government actions or regulations
• Labor strikes or disputes
• Power outages, network failures

In such events, our obligations will be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume performance as soon as practicable.

Dispute Resolution

We are committed to resolving disputes amicably and efficiently through the following process.

Step 1: Direct Negotiation

Before pursuing formal dispute resolution, both parties agree to attempt to resolve any disagreements through good-faith direct negotiations. Contact us through our official channels to initiate this process. We commit to responding within 5 business days and engaging constructively to find a mutually acceptable solution.

Step 2: Mediation

If direct negotiation does not resolve the dispute within 30 days, either party may request non-binding mediation. The mediation will be conducted by a mutually agreed mediator in Amsterdam, Netherlands, or through online mediation services. Both parties agree to participate in mediation in good faith before pursuing legal action.

Step 3: Legal Proceedings

If mediation is unsuccessful or inappropriate for the dispute, either party may pursue legal remedies. Any legal proceedings shall be conducted in the courts of Amsterdam, Netherlands, and governed by Dutch law. Both parties irrevocably submit to the exclusive jurisdiction of these courts.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of law.

Jurisdiction and Venue

You irrevocably agree that the courts of Amsterdam, Netherlands shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter. You waive any objection to proceedings in such courts on the grounds of venue or inconvenient forum.

Severability

If any provision of these Terms and Conditions is held 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 original intent. If modification is not possible, the invalid provision shall be severed, and the remaining provisions shall continue in full force and effect.

Entire Agreement and Amendments

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

Modification Rights

We reserve the right to modify these Terms and Conditions at any time. We will provide notice of material changes by updating the "Last Updated" date and may provide additional notice through our website or email. Your continued use of our services after such modifications constitutes acceptance of the updated terms.

Waiver

No waiver of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Assignment

You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations to any successor entity or affiliate without restriction. Any attempted assignment in violation of this provision is void.