Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These terms constitute a legally binding agreement between you and Groundwork. If you do not agree with any part of these terms, you must not use our website or services.

We reserve the right to modify these terms at any time. When we make changes, we will update the effective date at the top of this document. Your continued use of our website after such changes constitutes your acceptance of the modified terms. We encourage you to review these terms periodically to stay informed of any updates.

2. Service Description

Groundwork provides professional arcade game development services with a focus on solid technical foundations. Our services include:

• Arcade game development with robust architecture and clean code implementation
• Technical audits of existing arcade game codebases and systems
• Ongoing maintenance and support contracts for arcade game projects
• Technical consulting and advisory services related to arcade game development
• Information and educational content about arcade game development practices

The specific scope, deliverables, timelines, and pricing for any engagement will be detailed in a separate service agreement or statement of work. These Terms of Service apply to all interactions with our website and general service framework.

3. Acceptable Use Policy

When using our website and services, you agree to comply with all applicable laws and regulations. You must not use our services for any unlawful or prohibited purpose. Specifically, you agree not to:

Prohibited Content and Conduct

Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. This includes content that infringes on intellectual property rights, violates privacy rights, or contains malicious code such as viruses, worms, or trojan horses.

System Integrity and Security

Attempt to gain unauthorized access to our systems, networks, or data, interfere with the proper functioning of our website, bypass security measures, or engage in any activity that could damage, disable, or impair our services. This includes conducting security testing without prior written authorization.

Misrepresentation and Fraud

Impersonate any person or entity, falsely represent your affiliation with any person or entity, use false information when contacting us, or engage in any fraudulent activity. All information you provide must be accurate, current, and complete.

Commercial Restrictions

Use automated systems or software to extract data from our website for commercial purposes without our express written permission. This includes web scraping, data mining, or using bots to access our content systematically.

4. Service Availability and Modifications

Website Availability

We strive to maintain continuous availability of our website, but we do not guarantee uninterrupted access. Our website may be unavailable during scheduled maintenance, unexpected technical issues, or circumstances beyond our reasonable control. We reserve the right to suspend or discontinue any aspect of our website temporarily or permanently without prior notice.

Service Modifications

We may modify, update, or discontinue features of our website or services at any time without prior notice. This includes changes to functionality, content, pricing, or service offerings. We are not liable for any modifications, suspensions, or discontinuation of services.

Geographic Availability

Our services are provided from Australia and are primarily intended for use by clients within Australia. Access to our website from other territories is provided on an as-is basis. We make no representation that our services are appropriate or available for use in other locations. If you access our website from outside Australia, you are responsible for compliance with local laws.

5. Intellectual Property Rights

Our Content and Trademarks

All content on our website, including text, graphics, logos, images, software, and other materials, is the property of Groundwork or our licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws. The Groundwork name, logo, and all related marks are our trademarks or registered trademarks.

You may view and print pages from our website for your personal, non-commercial use, subject to these terms. You may not otherwise reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content from our website without our prior written permission.

User-Generated Content

If you submit any content to us through contact forms, emails, or other communications, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content for the purposes of operating our business, providing our services, and improving our offerings. You represent that you own or have the necessary rights to any content you submit and that such content does not violate any third-party rights.

Project Work and Deliverables

Intellectual property rights in work products created under specific service engagements will be addressed in the applicable service agreement. Unless otherwise specified in writing, we retain all rights to methodologies, tools, frameworks, and general knowledge developed or used in the course of providing services.

6. Third-Party Links and Services

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by Groundwork. These links are provided for convenience and do not imply endorsement or affiliation.

We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that we are not liable for any damage or loss caused by your use of or reliance on any third-party content, goods, or services.

We strongly encourage you to review the terms and privacy policies of any third-party websites or services you visit. Your interactions with third-party websites are governed by their respective terms and policies, not by these Terms of Service.

7. Disclaimer of Warranties

Important Notice: Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of content on our website
• Warranties that our website will be uninterrupted, secure, or error-free
• Warranties regarding results obtained from using our website or services

We make no warranties about the suitability of our services for your specific needs. Any reliance on information from our website is at your own risk. We recommend consulting with qualified professionals before making decisions based on website content.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Groundwork, its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities
• Loss of use or interruption of business operations
• Cost of substitute services or procurement of replacement goods
• Damages arising from your use or inability to use our website or services

This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, and whether we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Groundwork, its directors, officers, employees, contractors, agents, licensors, suppliers, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms of Service or any applicable law or regulation
• Your violation of any third-party rights, including intellectual property, privacy, or confidentiality rights
• Any content you submit or transmit through our website
• Your use or misuse of our website or services
• Any breach of representations or warranties you make in these terms

10. Governing Law and Dispute Resolution

Governing Law

These Terms of Service and any disputes arising out of or related to them or our services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles.

Jurisdiction

You agree that any legal action or proceeding arising out of or related to these Terms of Service or our services shall be brought exclusively in the courts located in Melbourne, Victoria, Australia. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Dispute Resolution Process

Before initiating any formal legal proceedings, we encourage you to contact us directly to attempt to resolve any disputes informally. Many concerns can be addressed through direct communication. If informal resolution is unsuccessful, both parties agree to pursue mediation before resorting to litigation, unless otherwise required by law.

11. General Provisions

Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

Waiver

No waiver of any term or condition of these Terms of Service 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.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Groundwork regarding your use of our website and services, superseding any prior agreements or understandings.

Assignment

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

12. Contact Information

If you have questions or concerns about these Terms of Service, please contact us:

Email: info@groundw-ork.com

Phone: +61 3 9650 2847

Address: 161 Collins Street, Level 22, Melbourne VIC 3000, Australia

We will make reasonable efforts to respond to your inquiry within 2-3 business days.

Service Provider Information