Terms of Service

Nightshade Pixel provides atmospheric game development services, including horror-lite experiences, dynamic lighting systems, and art direction consultation for indie game developers. Our services are delivered on a project-by-project basis through direct consultation and collaboration.

The specific scope, deliverables, timeline, and pricing for each project are defined in separate project agreements or statements of work. These Terms of Service provide the general framework under which all services are provided, while individual project agreements contain the specific details applicable to each engagement.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will make reasonable efforts to provide advance notice of significant changes that may affect ongoing projects or service availability.

Service pricing is specified in individual project agreements and is subject to the terms outlined in those agreements. Prices displayed on our website are indicative and may vary based on project scope, complexity, timeline, and specific requirements. Final pricing is always confirmed in writing before work begins.

Payment terms, schedules, and methods are defined in project agreements. Typical arrangements may include deposits, milestone-based payments, or other structures appropriate to the project. Late payments may result in project suspension or termination and may incur additional fees as specified in the agreement.

All fees are exclusive of applicable taxes unless otherwise stated. Clients are responsible for all taxes, duties, and similar charges that may apply to services provided. We reserve the right to adjust pricing for future projects based on changes in our costs, capabilities, or market conditions, though pricing for ongoing projects remains as agreed.

We provide our services with professional care and expertise, drawing on our experience in atmospheric game development. However, the creative and technical nature of our work means that outcomes depend on numerous factors, many beyond our direct control. We strive for excellence but cannot guarantee specific results or performance outcomes.

Our website and services are provided on an "as is" and "as available" basis. While we make reasonable efforts to ensure accuracy and reliability, we do not warrant that our website will be error-free, uninterrupted, secure from all threats, or free from technical problems. We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the extent permitted by law.

Information on our website about game development practices, atmospheric techniques, and industry insights is provided for general informational purposes. This information should not be relied upon as the sole basis for project decisions without independent evaluation and verification. The atmospheric development field evolves continuously, and what works for one project may not suit another.

To the maximum extent permitted by applicable law, Nightshade Pixel and its team members shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services. This includes but is not limited to loss of profits, loss of data, loss of goodwill, business interruption, or other intangible losses.

Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you for the specific services giving rise to the claim. This limitation applies regardless of the legal theory under which liability is claimed and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law. Nothing in these terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or other liabilities that cannot be legally limited.

We reserve the right to suspend or terminate your access to our website if you violate these Terms of Service, engage in conduct we deem harmful to our business or other users, or for any other reason we consider appropriate. Such action may be taken without prior notice if we believe immediate action is necessary.

For service engagements, termination provisions are specified in individual project agreements. Either party may typically terminate a project engagement under specified conditions, which may include notice periods, payment for work completed, and provisions for orderly project wind-down.

Upon termination of your access or a service engagement, provisions of these Terms of Service that by their nature should survive termination shall continue to apply, including intellectual property rights, warranty disclaimers, limitations of liability, and dispute resolution provisions.

We may update these Terms of Service from time to time to reflect changes in our services, legal requirements, or business practices. When we make significant 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 clients with active projects.

Your continued use of our website or services after changes to these Terms of Service constitutes your acceptance of the updated terms. If you do not agree with the revised terms, you should discontinue use of our website and services. For ongoing service engagements, significant changes may be communicated separately and may require mutual agreement to modify existing project terms.

These Terms of Service are governed by the laws of the Netherlands, without regard to conflict of law principles. Any disputes arising from or relating to these terms or our services shall be subject to the exclusive jurisdiction of the courts in Amsterdam, Netherlands.

Before initiating formal legal proceedings, we encourage parties to attempt to resolve disputes through good faith negotiation. Many disagreements can be resolved through open communication and mutual understanding. If a negotiated resolution is not possible, formal dispute resolution procedures may be pursued as appropriate.

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely matches the intent of the original provision.