TERMS OF USE

Last updated 9/24/2026.

Level Eddie Software LLC ("Company," "we," "us," "our") operates Spritedeck.

We operate Spritedeck, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at admin@spritedeck.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Level Eddie Software LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Content does not include User Content, as defined below.

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: admin@spritedeck.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Your content and exports

Subject to these Legal Terms and any rights belonging to third parties, you may use, reproduce, modify, export, publish, distribute, license, sell, monetize, and otherwise commercially exploit User Content that you own, including by incorporating that User Content into games, client projects, and other commercial works. These activities are permitted uses of the Services and are not prohibited commercial endeavors under Section 4.

This permission does not grant you any right to copy, distribute, sell, license, or otherwise commercially exploit the Services themselves or our Content or Marks, including Spritedeck software, source code, user interface, branding, or trademarks, except where we expressly provide otherwise. The separate licenses below apply to materials included in official Spritedeck starter packs.

Official starter materials

Unless a starter pack or included file states otherwise, Spritedeck-owned visual art, audio, text, project data, and other non-code creative assets included in an official Spritedeck starter pack are made available under the CC0 1.0 Universal Public Domain Dedication. You may copy, modify, distribute, and use those assets, including in commercial games and other commercial works, without attribution or additional permission.

Unless a starter pack or included file states otherwise, Spritedeck-owned source code and scripts included in an official Spritedeck starter pack are licensed under the MIT License, Copyright © 2026 Level Eddie Software LLC. The MIT License permits use, copying, modification, publication, distribution, sublicensing, and sale, provided that its copyright and permission notice are included in all copies or substantial portions of the licensed code.

These starter-material licenses apply only to materials owned by Spritedeck. Third-party materials and User Content remain subject to any separate license or rights notice identified with them. The starter-material licenses do not grant rights in the Spritedeck Services, software platform, user interface, branding, trademarks, or other Content outside the applicable starter pack.

A breach of these Intellectual Property Rights may constitute a material breach of our Legal Terms and may result in enforcement under Sections 7 and 8.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: If you voluntarily send us an idea, suggestion, or product feedback through a channel designated for feedback ("Submissions"), you assign to us any intellectual property rights you hold in that Submission so that we may use it for any lawful purpose without acknowledgment or compensation to you. Submissions do not include User Content, support or account communications, security or abuse reports, material you identify as confidential when submitted, or reviews or evaluations of Spritedeck shared in any forum. Nothing in this section restricts your right to share an honest review, opinion, or account of your experience.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
  • warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By creating an account or using the Services as an account holder, you represent and warrant that: (1) you are at least 18 years old; (2) you have the legal capacity and you agree to comply with these Legal Terms; (3) any automated access you perform will use Authorized Automated Access as defined below and comply with its documentation, access scope, and technical limits; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

"Authorized Automated Access" means access through public tokens, APIs, export or runtime interfaces, or other automation methods that Spritedeck documents or expressly makes available for that purpose.

Accounts may be created and held only by people who are at least 18 years old. A parent or legal guardian who holds an account may permit a minor between 13 and 17 years old to use the Services through that account under the parent’s or guardian’s supervision. The account holder must retain control of the account credentials, agrees to these Legal Terms, and is responsible for all activity conducted through the account, including activity by the minor. The Services may not be used by anyone under 13.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we may take appropriate action under Sections 7 and 8.

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. Except for the commercial uses expressly permitted under Section 2, the Services may not be used in connection with any commercial endeavors unless specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Except through Authorized Automated Access, systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Use the Services to engage in unlawful defamation, threats, harassment, or impersonation, or to knowingly publish false statements of fact about another person or entity. Nothing in these Legal Terms restricts honest reviews, opinions, or reports about Spritedeck or a user's experience with the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Upload, store, transmit, or otherwise submit sensitive or regulated information in User Content, support messages, or other fields not expressly designated by Spritedeck for that information, including government identifiers, credentials or account-access information, payment-card or financial-account information, precise geolocation, genetic or identifying biometric information, or information revealing protected classifications. This restriction does not prohibit providing authentication information through Spritedeck's designated sign-in, registration, password-management, or account-security interfaces.
  • Upload, store, transmit, or otherwise submit personal health or medical information about an identifiable person, including symptoms, diagnoses, treatment or medication information, medical records, health-insurance information, or protected health information regulated by HIPAA, or use the Services in a manner that would require us to act as a HIPAA business associate or enter into a business associate agreement.
  • Create, upload, store, transmit, publish, or share pornographic or sexually explicit content, including real, illustrated, animated, or computer-generated content intended primarily for sexual arousal or gratification.
  • Create, upload, store, transmit, publish, or share content depicting sexual exploitation or abuse, non-consensual intimate imagery, or sexual conduct involving a minor or a person depicted as a minor.
  • Create, upload, store, transmit, publish, or share content that, in our reasonable judgment, is inappropriate for a general-audience game-development platform, including content depicting or promoting graphic or gratuitous violence, animal cruelty, torture, self-harm, hateful or degrading imagery, or other shocking, disturbing, or abusive material.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Use automated means outside Authorized Automated Access, including to scrape or extract data, send unsolicited or deceptive messages, create accounts, obtain access beyond the permissions granted, evade rate limits or security controls, or disrupt or impose an unreasonable burden on the Services.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us, or commercially exploit the Services themselves or our Content or Marks, except as expressly permitted under Section 2.

5. USER CONTENT

The Services allow you to create, upload, import, store, edit, export, transmit, and share content and materials, including projects, documents, project data, images, sprites, tile sets, user-created templates, project versions, collaborator edits, and other materials (collectively, "User Content"). User Content does not include Submissions, such as feedback about the Services, described in Section 2.

As between you and us, you retain all ownership rights that you have in your User Content. You are solely responsible for your User Content and for determining that you have all rights and permissions necessary to create, upload, use, share, and commercially exploit it.

Except for certain media files described below, User Content is not made available to other users or the public unless you choose to share it, authorize collaborators to access it, create or use a public link or similar feature, or otherwise make it available through the Services. Users you authorize may view, copy, edit, export, or otherwise interact with User Content as permitted by the access and sharing settings you select. You are responsible for the permissions you grant and the actions of users you authorize to access your User Content.

Uploaded or generated image assets, including project images and cover images, may be stored at public-read, unlisted URLs. Spritedeck does not intentionally list or publish those URLs merely because the files belong to a private project, and the URLs include randomized components that make casual guessing difficult. However, the files are not protected by account authentication or project access settings: anyone who obtains the exact URL may access, download, or share the file. An unlisted URL is not the same as private or access-controlled storage. Removing a project from normal access through the Services may not immediately delete all associated data from our systems, and exact public-read media URLs may continue to work until the associated files are deleted. Contact admin@spritedeck.com to request complete deletion of associated data. Do not upload media that requires strict confidentiality or access control.

External previews. If you configure a third-party preview destination and initiate a preview, your browser transmits exported project data to the origin you selected, including through browser messaging interfaces. The destination and its operator may receive, process, store, or copy that data. Spritedeck does not control the destination or its handling of the data. Select only destinations you trust, and do not include secrets, credentials, or sensitive personal information in fields that may be exported.

By creating, uploading, importing, storing, transmitting, or sharing User Content through the Services, you represent and warrant that:

  • you own the User Content or have all rights, licenses, consents, and permissions necessary to use it and to grant the license described in Section 6;
  • your User Content and its use through the Services do not infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, contractual, or other rights of any person or entity;
  • your User Content and its use through the Services comply with applicable laws and these Legal Terms; and
  • your User Content does not contain malicious code and is not unlawful, fraudulent, threatening, harassing, abusive, hateful, discriminatory, defamatory, pornographic, sexually explicit, sexually exploitative, or otherwise harmful.

6. USER CONTENT LICENSE

You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, format, transmit, display, and make technical modifications to your User Content solely as necessary to provide, operate, secure, maintain, and support the Services, including enabling exports, previews, backups, sharing, and collaboration at your direction. This license also permits us to make your User Content available to other users whom you authorize and to service providers that process it on our behalf solely for those purposes.

This license continues while your User Content is stored through the Services and ends when your User Content is deleted from our active systems, except that we may retain copies for a reasonable period in backups or as required by law, to resolve disputes, enforce these Legal Terms, or protect the Services, our users, or others.

Except for the limited license granted in this section and the rights granted in relation to Submissions under Section 2, we do not claim ownership of your User Content.

Public user-created templates

When you publish a user-created template as public, you grant each user who accesses or clones it a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, adapt, create derivative works from, display, perform, distribute, and commercially use that template and projects created from it. Attribution to you is not required.

You continue to own any rights you hold in the template. Unpublishing or deleting a template prevents new access through Spritedeck but does not terminate licenses already granted or affect projects previously created from the template.

By publishing a template as public, you represent and warrant that you have all rights necessary to grant this license. Any embedded third-party material remains subject to its applicable license or rights notice, including any attribution, redistribution, or other requirements. This license does not expand or replace rights granted by a third party.

7. SERVICES MANAGEMENT

We may investigate suspected violations of these Legal Terms and take proportionate action based on the nature, severity, duration, and recurrence of the conduct; the risk of harm to users, third parties, or the Services; and our legal and security obligations. Available actions include issuing a warning, requiring corrective action, removing or restricting specific User Content, limiting access to particular features, temporarily suspending an account, or terminating an account as described in Section 8.

Content removal. We may remove or restrict, without prior notice, User Content that we reasonably determine violates the content restrictions in Section 4 or is otherwise inappropriate for a general-audience game-development platform. Content does not need to be unlawful to be removed or restricted. This may include pornographic or sexually explicit content, graphic or gratuitous violence, animal cruelty, torture, hateful or degrading imagery, and other shocking, disturbing, or abusive material. Removing or restricting specific User Content does not necessarily result in suspension or termination of the account.

Immediate action. We may remove or restrict User Content or suspend access without prior notice when we reasonably believe immediate action is necessary to address fraud, a security threat, compromised credentials, unlawful content or activity, sexual exploitation or abuse, non-consensual intimate imagery, sexual content involving minors, a credible threat of harm, serious abuse or harassment, material disruption of the Services, or a legal obligation. When appropriate and legally permitted, we will notify you of the action and its basis afterward and may report unlawful content or activity to the appropriate authorities.

Ordinary violations. For a material violation that does not require immediate action, we will ordinarily provide notice describing the violation and at least ten (10) days to correct it. We may take further action if the violation is not corrected, cannot reasonably be corrected, or is repeated after an earlier warning.

We are not obligated to monitor User Content. We may report unlawful activity to appropriate authorities and preserve information when reasonably necessary to comply with law, protect the Services or others, investigate misconduct, or enforce these Legal Terms.

You may contact us at admin@spritedeck.com if you believe an enforcement decision was made in error. We will consider the information you provide, but submitting a request does not automatically delay or reverse the action.

8. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. You may stop using the Services or request closure of your account at any time.

Termination for breach. We may terminate your account or access to the Services if you materially breach these Legal Terms and do not correct the breach within the notice period provided under Section 7. We may terminate immediately when the breach cannot reasonably be corrected or involves fraud, unlawful activity, a serious security threat, a credible threat of harm to another person, repeated violations, or conduct requiring immediate action under Section 7.

Termination or discontinuation for convenience. We may terminate an account for reasons unrelated to misconduct or discontinue all or part of the Services by providing at least thirty (30) days' advance notice, unless a shorter period is required by law or reasonably necessary to address a material and imminent security, legal, or operational risk.

Notice. We may provide notice through the Services or by email to the address associated with your account. You are responsible for keeping that address current.

Export and deletion. When legally and technically feasible, we will provide an opportunity to export your User Content before account termination or deletion. For termination or discontinuation unrelated to misconduct, the advance-notice period will serve as the export window. Following an immediate suspension or termination, you may request an export, but we may limit or deny access when providing it would create a security risk, violate law, expose another person's information, or interfere with an investigation.

After the applicable export period, we may delete or deidentify User Content and account information in accordance with our Privacy Notice. Residual copies may remain temporarily in backups, logs, and service-provider systems. Nothing in this section requires us to preserve unlawful content or information that must be removed immediately for security, safety, or legal reasons.

If we terminate your account for fraud, abuse, unlawful activity, or another material violation, you may not evade that action by creating another account without our permission. We may also pursue other remedies available under applicable law.

9. MODIFICATIONS AND INTERRUPTIONS

We may change, modify, or remove features or content of the Services as they evolve. When a change amounts to discontinuation of all or a material part of the Services, the notice and export provisions in Section 8 apply. However, we have no obligation to update any particular feature or information on the Services.

We cannot guarantee that the Services will be available at all times. Hardware, software, network, security, or other problems and maintenance may result in interruptions, delays, or errors, including interruptions for which advance notice is not reasonably possible. Nothing in these Legal Terms obligates us to maintain any particular feature or to provide corrections, updates, or releases. Any rights and remedies that cannot lawfully be excluded remain unaffected.

10. GOVERNING LAW

These Legal Terms and any dispute arising out of or relating to these Legal Terms or the Services shall be governed by the laws of the State of Colorado, without regard to its conflict-of-law principles. If you are a consumer, this choice of law does not deprive you of any protections provided by laws that cannot be waived in the jurisdiction where you live.

11. DISPUTE RESOLUTION

Informal Resolution

Before filing a lawsuit concerning any dispute, controversy, or claim arising out of or relating to these Legal Terms or the Services (each a "Dispute"), the party raising the Dispute must provide the other party with written notice and attempt in good faith to resolve the Dispute informally for at least 30 days. A notice to Level Eddie Software LLC must be sent by email to admin@spritedeck.com. We may send a notice to you at the email address associated with your account. The notice must include the sender's name and contact information, a description of the Dispute, and the relief requested.

Either party may seek temporary or emergency injunctive relief from a court without first completing this informal-resolution process when necessary to prevent immediate or irreparable harm. The parties may also proceed without completing the process if waiting would cause a claim to expire under an applicable limitations period.

Court Proceedings

If a Dispute is not resolved through the informal-resolution process, either party may bring a lawsuit. Except for an individual claim eligible for small claims court, and to the fullest extent permitted by applicable law, any lawsuit arising out of or relating to these Legal Terms or the Services must be brought exclusively in a state court of competent jurisdiction located in Colorado or in the United States District Court for the District of Colorado. Each party consents to the personal jurisdiction and venue of those courts. This provision does not require a consumer to waive any right to bring a claim in another forum when that right cannot be waived under applicable law.

Small Claims

Either party may bring an eligible individual claim in any small claims court that has jurisdiction over the parties and the claim, including a small claims court in the jurisdiction where you live. The claim must remain in that court and proceed only on an individual basis.

12. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

13. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14. LIMITATIONS OF LIABILITY

If you experience a problem with the Services that causes loss or harm, please contact us at admin@spritedeck.com. We will work with you in good faith and use commercially reasonable efforts to investigate the problem and, where reasonably possible, correct the issue or restore affected access or data from available backups. We may offer a refund or service credit when we consider it appropriate. We cannot guarantee that every issue, loss, or item of data can be corrected or recovered.

To the fullest extent permitted by law, we and our directors, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, or loss of data, arising out of or relating to the Services, even if we have been advised of the possibility of those damages. This section does not exclude direct damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Services, regardless of the form of action, will not exceed the greater of (a) the amount you paid us for the Services during the twelve (12) months before the event giving rise to the claim or (b) one hundred U.S. dollars (US $100).

Nothing in these Legal Terms excludes or limits liability to the extent that it cannot lawfully be excluded or limited. Some jurisdictions do not allow certain warranty disclaimers or limitations of liability, so some of these limitations may not apply to you, and you may have additional rights.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

16. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. We may provide automatic project versions or maintain other backups, but they may be incomplete and recovery is not guaranteed. You are responsible for maintaining independent exports or backups of important User Content. Any liability arising from data loss or corruption is subject to Sections 13 and 14.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

18. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

19. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

admin@spritedeck.com

Originally generated using Termly and subsequently customized by Level Eddie Software LLC.