Terms and Conditions

Effective Date: November 28, 2025

These Terms and Conditions constitute a legally binding agreement between you and Sequoia. By accessing or using our website and services, you accept and agree to be bound by these terms.

Please read these terms carefully before using our services. If you do not agree with any part of these conditions, you must discontinue use of our website immediately.

1. Binding Agreement

These Terms and Conditions create a binding legal agreement between you (the user or client) and Sequoia (the service provider). Your use of our website, engagement with our services, or submission of project inquiries indicates your acceptance of these terms.

This agreement is effective as of the date you first access our website or engage with our services, whichever occurs first. The agreement remains in effect until terminated by either party in accordance with the provisions outlined herein.

By using our services, you affirm that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal authority to enter into this binding agreement
• You are not prohibited from receiving services under applicable laws
• If representing a company, you have authority to bind that entity to these terms

2. User Obligations and Conduct

2.1 Lawful Use

You agree to use our website and services in compliance with all applicable laws, regulations, and ordinances. This includes federal, state, local, and international laws that may apply based on your location and the nature of your use.

2.2 Prohibited Activities

When using our services, you explicitly agree not to:

Fraudulent Activity: Engage in any form of deception, misrepresentation, or fraudulent conduct in connection with our services

Harmful Content: Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable

Intellectual Property Infringement: Violate or infringe upon the intellectual property rights, privacy rights, or other legal rights of others

System Interference: Interfere with or disrupt the integrity or performance of our website, servers, or networks

Unauthorized Access: Attempt to gain unauthorized access to any portion of our systems, other user accounts, or connected computer systems

Data Harvesting: Use automated systems to collect or harvest information from our website without express written authorization

2.3 Professional Conduct

When engaging with Sequoia for development services, you agree to maintain professional conduct in all communications and interactions. This includes providing accurate project information, timely responses to inquiries, and respectful collaboration throughout the development process.

3. Content Guidelines and Restrictions

3.1 User-Submitted Content

Any content you submit to us through contact forms, project inquiries, or other means must comply with the following standards:

• Must not contain false, misleading, or deceptive information
• Must not violate any applicable laws or regulations
• Must not infringe upon third-party intellectual property rights
• Must not contain malicious code, viruses, or harmful software

3.2 Content Ownership and License

You retain ownership of any content you submit to us. However, by submitting content, you grant Sequoia a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for the purposes of providing our services, improving our offerings, and general business operations.

4. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. You acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and disclosure of your information as described therein.

Your Privacy Responsibilities:

• Provide accurate and truthful information when submitting forms or inquiries
• Keep your contact information current and up to date
• Respect the privacy and personal information of others
• Comply with applicable data protection and privacy laws

5. Disclaimers and Warranties

Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" 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, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that our services will meet your requirements or expectations
• Warranties of uninterrupted, timely, secure, or error-free service

Results Disclaimer

While we strive to deliver high-quality arcade game development services, we make no guarantees regarding specific outcomes, market performance, or commercial success of developed games. Results depend on numerous factors including market conditions, implementation quality, venue operations, and player preferences, many of which are beyond our control.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEQUOIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

1. Any indirect, incidental, special, consequential, or punitive damages
2. Loss of profits, revenue, data, use, goodwill, or other intangible losses
3. Damages resulting from your access to or use of (or inability to access or use) our services
4. Damages arising from any third-party content, conduct, or services
5. Damages from unauthorized access, use, or alteration of your transmissions or content

Our total liability to you for any claims arising from or related to these terms or our services shall not exceed the amount you have paid to us in the twelve months preceding the claim, or one hundred dollars ($100), whichever is greater.

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

7. Indemnification

You agree to indemnify, defend, and hold harmless Sequoia and its officers, directors, employees, contractors, agents, licensors, service providers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that arise from or relate to:

Your Use: Your use or misuse of our website and services

Violations: Your violation of these Terms and Conditions

Rights Infringement: Your infringement of any third-party rights

Content: Any content you submit or transmit through our services

8. Dispute Resolution

8.1 Governing Law

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

8.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms and Conditions or your use of our services shall be instituted exclusively in the federal or state courts located in San Francisco County, California. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

8.3 Informal Resolution

Before pursuing formal legal action, we encourage you to contact us to seek an informal resolution. Many disputes can be resolved quickly and efficiently through direct communication.

9. Force Majeure

Sequoia shall not be liable for any failure or delay in performance under these Terms and Conditions due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

10. Severability and Waiver

10.1 Severability

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

10.2 Waiver

No waiver by Sequoia of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

11. Assignment

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

12. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices or agreements published by us on the website, constitute the entire agreement between you and Sequoia concerning your use of our services and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.

13. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time at our sole discretion. When we make changes, we will update the "Effective Date" at the top of this page and may provide additional notice through our website or via email.

Your continued use of our website or services after any modifications to these terms constitutes your acceptance of the revised terms. If you do not agree to the modified terms, you must stop using our services.

Questions About These Terms?

If you have any questions or concerns about these Terms and Conditions, please contact us. We're committed to addressing your questions and ensuring you understand the terms governing our services.