Terms and Conditions

Velocity

100 Queen Street, Level 12

Auckland 1010, New Zealand

Email: info@veloc-ity.com

Phone: +64 9 358 4721

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Velocity regarding your use of our website and arcade game development services. By accessing our website or engaging 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 not access or use our website or services. These terms apply to all visitors, users, and others who access or use our services.

Effective date: December 20, 2025

User Obligations and Responsibilities

1. Legal Compliance

You agree to comply with all applicable laws, regulations, and ordinances when using our website and services. This includes, but is not limited to:

• Local, national, and international laws governing your conduct and content
• Intellectual property laws and respect for proprietary rights
• Privacy and data protection regulations
• Export control and trade compliance laws

2. Prohibited Activities and Behaviors

When using our services, you must not:

• Engage in any unlawful, fraudulent, or deceptive activities
• Violate the rights of others, including intellectual property, privacy, or publicity rights
• Transmit spam, chain letters, or unsolicited communications
• Upload or distribute viruses, malware, or other harmful code
• Attempt to circumvent security measures or access restricted areas
• Engage in data mining, scraping, or automated collection without permission
• Interfere with or disrupt our services or connected networks
• Impersonate any person or entity or falsely represent your affiliation

3. Content Guidelines and Restrictions

Any content you submit or communicate to us must:

• Be accurate, truthful, and not misleading
• Not contain defamatory, obscene, or offensive material
• Not infringe on any third-party intellectual property rights
• Not contain confidential information of others without authorization
• Comply with professional standards and ethical guidelines

4. Age Restrictions and Requirements

Our services are intended for use by individuals who are at least 18 years of age or have reached the age of majority in their jurisdiction. By using our services, you represent and warrant that you meet these age requirements and have the legal capacity to enter into binding agreements.

Specific User Responsibilities

1. Compliance with Laws and Regulations

You are solely responsible for ensuring that your use of our services complies with all applicable laws in your jurisdiction. This responsibility extends to obtaining any necessary licenses, permits, or approvals required for your intended use of our arcade game development services.

2. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Velocity, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your violation of these Terms and Conditions
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights
• Any content you submit or make available through our services
• Your use or misuse of our services

3. Privacy and Data Protection

You are responsible for ensuring that any personal data you provide to us or collect through your use of our services is obtained legally and with appropriate consent. You must comply with all applicable data protection and privacy laws when handling such information.

4. Third-Party Interactions

You acknowledge that any interactions, transactions, or disputes with third parties accessed through our website are solely between you and the third party. We are not responsible or liable for any loss or damage incurred as a result of such interactions.

Disclaimers and Limitations of Liability

1. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties regarding the accuracy, reliability, or completeness of information
• Warranties of uninterrupted or error-free service
• Warranties regarding the security of data transmission or storage
• Any warranties arising from course of dealing or trade usage

2. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, VELOCITY SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Loss of goodwill or reputation
• Any damages arising from interruption of service or data loss
• Any damages resulting from third-party conduct or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE SIX MONTHS PRECEDING THE CLAIM, OR NZD $100, WHICHEVER IS GREATER.

3. Exclusion of Consequential Damages

We shall not be liable for any consequential, incidental, or indirect damages arising from your use of our services, even if we have been advised of the possibility of such damages. This includes damages for loss of data, business interruption, or any other commercial damages or losses.

4. Force Majeure Provisions

We shall not be liable for any failure or delay in performance of our obligations due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, pandemic, epidemic, internet or telecommunications failures, or power outages.

Legal Information and Dispute Resolution

1. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located in Auckland, New Zealand, for resolution of any disputes arising from these terms or your use of our services.

2. Dispute Resolution Procedures

In the event of any dispute, claim, or controversy arising from these terms or our services, the parties agree to first attempt to resolve the matter through good-faith negotiations. If negotiations fail within 30 days, either party may pursue formal dispute resolution.

You may have the option to pursue dispute resolution through arbitration or mediation as an alternative to litigation, subject to mutual agreement of both parties.

3. Severability Clause

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

4. Terms Modification Policy

We reserve the right to modify, amend, or update these Terms and Conditions at any time and at our sole discretion. Changes will be effective immediately upon posting to our website unless otherwise specified. Material changes will be indicated by updating the effective date at the top of this page.

Your continued use of our services after changes are posted constitutes your acceptance of the modified terms. If you do not agree to the modified terms, you must discontinue use of our services.

Additional Provisions

1. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Velocity concerning your use of our services and supersede all prior agreements, understandings, and communications.

2. Waiver

Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Velocity.

3. Assignment

You may not assign or transfer these terms or any rights or obligations hereunder without our prior written consent. We may assign these terms at any time without notice to you. Any attempted assignment in violation of this provision is void.

4. Survival

Provisions of these terms that by their nature should survive termination shall survive, including but not limited to warranty disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.