Terms and Conditions

Effective date: November 25, 2025

These Terms and Conditions form a binding legal agreement between you and Tidewalker. By accessing our website or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree with any portion of these terms, you should not use our website or services.

Business Contact Details:

Pier 39, San Francisco, CA 94133, USA

Phone: +14153626421

Email: info@tide-wa-lker.com

1. Binding Agreement and Acceptance

These Terms and Conditions create a legally binding contract between you and Tidewalker, a game development service provider located in San Francisco, California. Your use of our website, submission of any information through our contact forms, or engagement with our services constitutes your acceptance of these terms.

By using our services, you represent that you are at least 18 years old or have reached the age of majority in your jurisdiction, and that you have the legal capacity to enter into this binding agreement. If you are accessing our services on behalf of a company or organization, you represent that you have the authority to bind that entity to these terms.

We reserve the right to update these terms at any time. Continued use of our website or services after changes constitutes acceptance of modified terms. You are responsible for reviewing these terms periodically to stay informed of any updates.

2. User Obligations and Conduct Requirements

2.1 Legal Compliance

You agree to comply with all applicable local, state, national, and international laws and regulations when using our website or services. This includes but is not limited to laws regarding intellectual property, privacy, data protection, export controls, and consumer protection. You are solely responsible for ensuring your use of our services complies with the laws of your jurisdiction.

2.2 Accurate Information

When providing information to Tidewalker through contact forms, communications, or service engagements, you agree to provide truthful, accurate, and complete information. You must promptly update any information that becomes inaccurate or incomplete. Providing false or misleading information may result in termination of services and potential legal consequences.

2.3 Prohibited Conduct

You expressly agree not to:

  • • Use our website or services for any unlawful purpose or to solicit others to perform unlawful acts
  • • Violate any international, federal, state, or local regulations, rules, laws, or ordinances
  • • Infringe upon or violate the intellectual property rights of Tidewalker or third parties
  • • Transmit any material that contains viruses, malware, or other harmful code
  • • Engage in conduct that restricts or inhibits anyone's use of our services
  • • Impersonate or attempt to impersonate Tidewalker, our employees, other users, or any other person or entity
  • • Interfere with or circumvent security features of our website or attempt unauthorized access

2.4 Professional Conduct

When communicating with Tidewalker staff or representatives, you agree to maintain professional and respectful conduct. Abusive, threatening, or harassing behavior will not be tolerated and may result in immediate termination of services without refund. We reserve the right to refuse service to anyone who violates these conduct standards.

3. Service Descriptions and Limitations

3.1 Nature of Services

Tidewalker provides game development consulting, technical implementation, testing framework setup, and industry networking services. All service descriptions on our website are provided for informational purposes and represent general capabilities. Specific deliverables, timelines, and outcomes are defined through individual service agreements.

3.2 No Guaranteed Outcomes

We do not guarantee any specific results, financial outcomes, player engagement metrics, or commercial success for games developed with our assistance. The gaming industry involves numerous factors beyond any developer's control, including market conditions, player preferences, competitive landscape, and platform policies. Past performance or case studies do not predict future results.

3.3 Third-Party Dependencies

Our services may involve integration with third-party platforms, tools, or services. We are not responsible for the availability, functionality, or reliability of third-party services. Changes to third-party platforms may affect service delivery, and such changes are beyond our control. You acknowledge that reliance on third-party services carries inherent risks.

4. Intellectual Property Rights and Ownership

4.1 Tidewalker Property

All content on the Tidewalker website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Tidewalker or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Tidewalker.

Our trademarks, service marks, and logos may not be used in connection with any product or service without prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information without express written consent.

4.2 Client Project Ownership

For paid service engagements, intellectual property ownership of deliverables is defined in your specific service agreement. Unless otherwise specified in writing, you retain ownership of your original game concepts, while Tidewalker retains rights to any proprietary tools, frameworks, or methodologies used in service delivery.

Work product created specifically for your project typically transfers to you upon full payment, though certain components may be licensed rather than owned outright. Specific ownership terms are clarified in individual service contracts.

4.3 License to Use Feedback

If you provide suggestions, ideas, feedback, or recommendations regarding our services, you grant Tidewalker an unrestricted, perpetual, irrevocable license to use such feedback for any purpose without compensation or attribution. This allows us to improve our services based on user input while protecting both parties from future disputes.

5. Disclaimers and Limitation of Liability

5.1 As-Is Provision

THE WEBSITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TIDEWALKER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES INCLUDED ON THE WEBSITE.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TIDEWALKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

5.2 Professional Advice Disclaimer

Information provided on our website or through consultations represents professional opinions based on experience in game development. This information should not be considered as guaranteed advice for your specific situation. You should conduct your own research and consult with appropriate professionals before making business decisions based on our recommendations.

5.3 Limitation of Liability

IN NO EVENT SHALL TIDEWALKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR INABILITY TO USE THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES.

IN NO EVENT SHALL TIDEWALKER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TIDEWALKER IN THE LAST SIX MONTHS, OR IF GREATER, ONE HUNDRED DOLLARS ($100).

5.4 Jurisdictional Variations

Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. In such jurisdictions, the above limitations and exclusions may not apply to you. In such cases, our liability shall be limited to the greatest extent permitted by law.

6. Indemnification

You agree to defend, indemnify, and hold harmless Tidewalker, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from or related to:

  • • Your use of or access to the website or services
  • • Your violation of these Terms and Conditions
  • • Your violation of any rights of another person or entity
  • • Any content you submit through our website
  • • Your games or products developed with our assistance

Tidewalker reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Tidewalker in asserting any available defenses. This indemnification obligation survives termination of these Terms and Conditions.

7. Governing Law and Dispute Resolution

7.1 Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding between you and Tidewalker shall be brought exclusively in a federal or state court of competent jurisdiction sitting in San Francisco County, California.

7.2 Dispute Resolution Process

Before initiating any formal legal proceedings, you agree to first contact Tidewalker to attempt informal resolution of the dispute. Many disputes can be resolved through direct communication. If informal resolution is unsuccessful within 30 days, you agree to participate in mediation administered by a mutually agreed-upon mediator in San Francisco, California.

Only if mediation fails may either party proceed to litigation. You agree to waive any right to a jury trial in any proceeding arising out of or related to these Terms and Conditions.

7.3 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or these Terms and Conditions must be filed within one year after such claim or cause of action arose, or be forever barred.

7.4 Class Action Waiver

You agree to bring claims against Tidewalker only in your individual capacity and not as a plaintiff or class member in any purported class, representative, or private attorney general proceeding. This waiver applies to class arbitrations, class actions, and representative actions.

8. Additional Legal Provisions

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Tidewalker concerning your use of the website and supersede all prior agreements and understandings with respect to the same.

Severability

If any provision of these Terms and Conditions is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.

Assignment and Transfer

You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions without prior written consent from Tidewalker. Tidewalker may freely assign or transfer its rights and obligations under these terms without restriction.

No Waiver

The failure of Tidewalker to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision shall be effective only if in writing and signed by an authorized representative of Tidewalker.

Force Majeure

Tidewalker shall not be liable for any failure or delay in performance of its obligations under these Terms and Conditions due to causes beyond its reasonable control, including acts of God, war, terrorism, labor disputes, embargoes, government orders, or any other force majeure event.

Survival

Provisions that by their nature should survive termination of these Terms and Conditions shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

9. Modifications to Terms

Tidewalker reserves the right to modify these Terms and Conditions at any time without prior notice. Changes become effective immediately upon posting to the website. The "Effective date" at the top of this document indicates when the terms were last revised.

It is your responsibility to review these Terms and Conditions periodically for changes. Your continued use of the website or services following the posting of changes constitutes your binding acceptance of such changes.

For material changes that significantly affect your rights or obligations, we may provide additional notice through email or prominent website notification. However, we are not obligated to provide such notice, and your continued use of our services constitutes acceptance regardless of whether additional notice was provided.