These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Voidware Studios ("Company," "we," "us," "our") governing your access to and use of all products, services, websites, applications, and software provided by Voidware Studios (collectively, "Services").
By accessing or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of all Services.
Voidware Studios develops and distributes software applications, utilities, and digital services including but not limited to:
Certain products or services may have additional terms specific to their use. Where product-specific terms exist, they supplement and operate in conjunction with these company-wide Terms. In the event of conflict, product-specific terms shall control for that particular product.
You represent and warrant that:
Where Services require account creation:
Subject to your compliance with these Terms, Voidware Studios grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services solely for their intended purposes.
You shall not:
All Services, including all intellectual property rights therein, remain the exclusive property of Voidware Studios and its licensors. These Terms do not grant you any ownership rights in our Services.
You agree not to use our Services to:
We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including removing or disabling access to content, terminating accounts, and reporting to law enforcement authorities.
Some Services are provided free of charge, while others may require payment of fees. All fees are displayed in U.S. Dollars (USD) unless otherwise specified.
For subscription-based Services:
If we offer free trials:
All fees are exclusive of applicable taxes, duties, or similar governmental assessments, which you are responsible for paying.
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our privacy practices as described in the Privacy Policy.
If our Services allow you to submit, upload, or share content:
We reserve the right to remove any content that violates these Terms, infringes third-party rights, or is otherwise objectionable in our sole discretion.
Our Services may contain links to third-party websites, applications, or services not owned or controlled by Voidware Studios. We are not responsible for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that we shall not be liable for any damages arising from your use of third-party services.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOIDWARE STUDIOS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
In no event shall our total liability to you for all claims arising from or related to our Services exceed the amount you paid us, if any, in the twelve (12) months preceding the claim, or one hundred dollars ($100 USD), whichever is greater.
The limitations set forth in this Section 11 reflect the allocation of risk between the parties and are a fundamental basis of the bargain. Our Services would not be provided without these limitations.
You agree to indemnify, defend, and hold harmless Voidware Studios, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
You may terminate your use of our Services at any time by discontinuing access and, where applicable, closing your account.
We reserve the right to suspend or terminate your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to:
Upon termination:
We reserve the right to modify these Terms at any time in our sole discretion. We will provide notice of material changes through our Services or via email to your registered address.
Your continued use of our Services after the effective date of modified Terms constitutes acceptance of those changes. If you do not agree to the modified Terms, you must discontinue use of our Services.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law provisions.
You agree that any legal action or proceeding arising from or related to these Terms or our Services shall be brought exclusively in the federal or state courts located in Loudoun County, Virginia, and you consent to the personal jurisdiction of such courts.
Before filing any formal claim, you agree to contact us at inquiries@frameshift.dev to attempt to resolve the dispute informally.
These Terms, together with our Privacy Policy and any product-specific terms, constitute the entire agreement between you and Voidware Studios regarding our Services and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Voidware Studios.
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this provision is void.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, natural disasters, or government actions.
The section headings in these Terms are for convenience only and have no legal or contractual effect.
For questions, concerns, or notices regarding these Terms of Service, please contact:
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.