TERMS OF SERVICE

These Terms of Service govern your use of Tetiana Chyzhovych Design's website and services. By accessing our website or engaging our services, you agree to be bound by these terms. If you disagree with any part of these terms, you should not use our services.

These terms constitute a legally binding agreement between you and Tetiana Chyzhovych Design. Please read them carefully before using our services or website.

Effective date: November 18, 2025

SERVICE USAGE TERMS

1. ACCEPTABLE USE POLICY

1.1 Permitted Uses: You may use our website to learn about our services, contact us for inquiries, and engage us for game development projects. You may view, download, and print content for personal or business evaluation purposes.

1.2 Prohibited Activities: You may not use our website or services to engage in illegal activities, distribute malware, attempt unauthorized access to our systems, scrape content using automated tools, impersonate others, or interfere with other users' access to our services.

1.3 Fair Usage: You agree to use our services reasonably and not in a way that could damage, disable, or impair our website or interfere with other parties' use. Excessive automated requests or resource-intensive activities may result in access restrictions.

1.4 Content Submission: When you submit content through our contact forms or communications, you represent that you have the right to share this information and it does not violate any laws or third-party rights.

2. SERVICE ACCESS REQUIREMENTS

2.1 Eligibility: You must be at least 18 years old to use our services. By using our website, you represent that you meet this age requirement and have the authority to enter into these terms.

2.2 Business Capacity: If you are using our services on behalf of a company or organization, you represent that you have authority to bind that entity to these terms.

2.3 Technical Requirements: You are responsible for maintaining compatible hardware and software to access our website. We are not liable for access issues resulting from your equipment or internet connection.

2.4 Geographic Restrictions: Our services are primarily offered to clients within the European Union and select international markets. We reserve the right to refuse service based on geographic location or legal restrictions.

3. COMMUNICATION AND INQUIRIES

3.1 Response Time: We strive to respond to inquiries within 48 hours during business days. Response times may vary during holidays or high-volume periods.

3.2 Contact Information: You must provide accurate contact information when reaching out to us. We are not responsible for failed communications due to incorrect information provided by you.

3.3 Communication Method: We primarily communicate via email. You agree to check your email regularly for updates regarding inquiries or active projects.

PROJECT ENGAGEMENT AND ACCESS

4. PROJECT INITIATION

4.1 Project Agreements: Services are provided under separate project agreements that detail scope, deliverables, timelines, and costs. These terms supplement but do not replace project-specific agreements.

4.2 Proposal Validity: Project proposals and quotes are valid for 30 days unless otherwise specified. Prices may be adjusted for projects that start after this period.

4.3 Project Requirements: You are responsible for providing clear requirements, necessary assets, and timely feedback. Delays caused by incomplete information may affect project timelines and costs.

4.4 Acceptance Process: Projects require written acceptance of proposals before work begins. Acceptance can be provided via email or signed agreement.

5. ACCESS AND SECURITY

5.1 Project Access: For active projects, we may provide access to development environments, documentation, or collaboration tools. You are responsible for maintaining the confidentiality of any access credentials provided.

5.2 Security Obligations: You must notify us immediately of any unauthorized use of your credentials or security breaches. We are not liable for losses resulting from your failure to secure access credentials.

5.3 Data Protection: You agree to handle any materials or information shared during collaboration in accordance with applicable data protection laws and any confidentiality agreements in place.

6. TERMINATION AND SUSPENSION

6.1 Access Suspension: We reserve the right to suspend or terminate your access to our website or services if you violate these terms, engage in prohibited activities, or for any other reason at our discretion.

6.2 Project Termination: Either party may terminate an active project as outlined in the project agreement. Termination does not release you from payment obligations for work completed prior to termination.

6.3 Effect of Termination: Upon termination, your right to access our services ceases immediately. Provisions regarding payment, intellectual property, confidentiality, and liability survive termination.

SERVICE AVAILABILITY AND MODIFICATIONS

7. WEBSITE AVAILABILITY

7.1 Uptime: We strive to maintain website availability but do not guarantee uninterrupted access. The website may be unavailable due to maintenance, technical issues, or circumstances beyond our control.

7.2 Scheduled Maintenance: We may perform scheduled maintenance that temporarily affects website availability. We will attempt to schedule maintenance during low-traffic periods when possible.

7.3 No Service Level Agreement: Unless specified in a separate project agreement, we do not provide service level agreements for website or service availability.

8. SERVICE MODIFICATIONS

8.1 Website Changes: We reserve the right to modify, update, or discontinue any aspect of our website at any time without prior notice. This includes content, features, and functionality.

8.2 Service Offerings: Our service offerings, pricing, and methodologies may change over time. Changes do not affect existing project agreements unless mutually agreed upon.

8.3 Terms Updates: These Terms of Service may be updated periodically. Continued use of our services after changes indicates acceptance of updated terms. Material changes will be communicated via website notice.

8.4 Feature Availability: Specific features or services may be added, modified, or removed based on business needs. We are not obligated to maintain any particular feature indefinitely.

9. GEOGRAPHIC AND TECHNICAL LIMITATIONS

9.1 Regional Availability: Some services may not be available in all geographic regions due to legal, technical, or business considerations. We reserve the right to limit service availability by location.

9.2 Capacity Limitations: We may limit the number of active projects or clients we accept based on capacity and resource availability. Acceptance of new projects is at our sole discretion.

9.3 Platform Restrictions: Game development services may have platform-specific limitations based on technical requirements, licensing agreements, or platform policies.

INTELLECTUAL PROPERTY

10. WEBSITE CONTENT OWNERSHIP

All content on our website, including text, graphics, logos, and code, is owned by Tetiana Chyzhovych Design or our licensors and protected by copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.

11. PROJECT DELIVERABLES

Intellectual property rights in project deliverables are governed by individual project agreements. Unless otherwise specified in writing, we retain ownership of development tools, frameworks, and methodologies used in creating deliverables.

12. USER CONTENT

You retain ownership of content you submit through our contact forms or communications. By submitting content, you grant us a license to use it for the purpose of providing services and responding to your inquiries.

13. TRADEMARK USAGE

Tetiana Chyzhovych Design and associated marks are our trademarks. You may not use our trademarks without prior written authorization. Any unauthorized use may constitute trademark infringement.

DISCLAIMERS AND LIMITATIONS

14. WARRANTY DISCLAIMER

Our website and general information are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding website functionality, accuracy of information, or fitness for any particular purpose. This disclaimer does not affect warranties provided in specific project agreements.

15. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Tetiana Chyzhovych Design shall not be liable for indirect, incidental, consequential, or punitive damages arising from use of our website or services. Our total liability for any claim shall not exceed the amount paid by you for services in the six months preceding the claim.

16. THIRD-PARTY LINKS

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of third-party sites. Accessing third-party links is at your own risk.

17. INDEMNIFICATION

You agree to indemnify and hold Tetiana Chyzhovych Design harmless from claims, damages, and expenses arising from your violation of these terms, your use of our services, or your violation of any rights of third parties.

18. GOVERNING LAW

These terms are governed by the laws of Germany. Any disputes shall be resolved in the courts of Berlin, Germany. This choice of law does not affect your statutory rights under consumer protection laws.