Terms and Conditions

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Mapleshire. By accessing our website, contacting us, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree with any part of these Terms and Conditions, you must immediately discontinue use of our website and services. Your continued use of our services represents your ongoing acceptance of these terms and any modifications we may make to them.

User Obligations and Responsibilities

1. Legal Compliance

You agree to comply with all applicable laws and regulations when using our website and services, including but not limited to:

Canadian federal and provincial laws
Intellectual property and copyright laws
Privacy and data protection legislation
Business and commercial transaction regulations
Laws applicable in your own jurisdiction

2. Accurate Information

You are responsible for ensuring that all information you provide to us is accurate, current, and complete. You must promptly notify us of any changes to your contact information or project details. Providing false or misleading information may result in termination of services and potential legal consequences.

3. Professional Conduct

When interacting with Mapleshire, you agree to:

Communicate respectfully and professionally with our team
Honor agreed-upon timelines and commitments
Provide necessary information and materials in a timely manner
Respect our intellectual property and confidential information
Refrain from disruptive or abusive behavior

4. Financial Responsibilities

If you engage our paid services, you agree to pay all fees as outlined in your service agreement. You are responsible for all charges incurred through your use of our services, including any applicable taxes. Payment terms will be specified in individual service contracts.

5. Prohibited Activities

You specifically agree not to:

Use our services for any unlawful purpose or in violation of these terms
Attempt to gain unauthorized access to our systems or networks
Interfere with or disrupt the operation of our website or services
Transmit harmful code, viruses, or malicious software
Engage in any activity that could damage our reputation or business interests
Misrepresent your affiliation with us or misuse our brand

6. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Mapleshire, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your breach of these terms, your use of our services, or your violation of any law or third-party rights.

Liability and Warranties

IMPORTANT NOTICE: The following sections contain important limitations on our liability. Please read them carefully.

1. Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MAPLESHIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability and fitness for a particular purpose
Warranties regarding accuracy, reliability, or completeness of content
Warranties that services will be uninterrupted, secure, or error-free
Warranties regarding specific outcomes or results from our services

2. No Guarantee of Results

While we provide professional game development services and guidance regarding Canadian funding requirements and market strategy, we make no guarantees regarding funding approval, market success, commercial viability, or any specific project outcomes. Success depends on numerous factors beyond our control, including market conditions, funding body decisions, competitive landscape, and execution quality.

3. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAPLESHIRE 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
Business interruption or project delays
Reputational harm or goodwill damage
Cost of substitute services

Our total aggregate liability for any claims arising from your use of our services shall not exceed the amount you paid us for the specific services giving rise to the claim during the six months immediately preceding the claim.

4. Exclusion of Consequential Damages

Under no circumstances shall Mapleshire be liable for any consequential, indirect, or special damages arising from project delays, funding application rejections, market performance, or any other aspect of game development projects, even if we have been advised of the possibility of such damages.

5. Force Majeure

Mapleshire shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of nature, war, terrorism, labor disputes, government actions, pandemics, internet or telecommunications failures, or any other force majeure event.

Legal Information and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any legal proceedings arising from these terms shall be brought exclusively in the courts of Ontario, Canada, and you hereby consent to the personal jurisdiction and venue of such courts.

Dispute Resolution Procedure

In the event of any dispute arising from these terms or our services, the parties agree to the following resolution process:

Initial good faith negotiations between the parties
Mediation through a mutually agreed-upon mediator if negotiations fail
Binding arbitration or court proceedings if mediation is unsuccessful

Severability Clause

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 severed from these terms. The remaining provisions shall continue in full force and effect, and the invalid provision shall be replaced with a valid provision that most closely approximates the intent and economic effect of the original provision.

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 of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms and Conditions or any rights granted hereunder without our prior written consent. We may assign our rights and obligations under these terms without restriction. Any attempted assignment in violation of this section shall be null and void.

Entire Agreement

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

Terms Modification Policy

We reserve the right to modify, amend, or update these Terms and Conditions at any time at our sole discretion. When we make material changes, we will update the "Last updated" date at the top of this page and may provide additional notice through our website or by email to known contacts.

Your continued use of our website or services following the posting of changes constitutes your acceptance of such changes. If you do not agree to the modified terms, you must discontinue use of our services immediately.

We encourage you to review these Terms and Conditions periodically to stay informed of any updates. It is your responsibility to check for changes, as we are not obligated to provide individual notification of modifications except as required by law.

Termination of Access

We reserve the right to terminate or suspend your access to our website and services at any time, without prior notice or liability, for any reason, including but not limited to your breach of these Terms and Conditions. Upon termination, your right to use our services will immediately cease.

All provisions of these Terms and Conditions which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.