Terms and Conditions

Contact Information

Wanderlust
Potsdamer Platz 1
10785 Berlin, Germany
Phone: +49 30 2574 8391
Email: info@wan-der-lust.com

Binding Agreement

These Terms and Conditions form a binding legal agreement between you and Wanderlust. By accessing our website, using our services, or engaging with us in any professional capacity, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you are accessing our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms, and references to "you" include both you as an individual and your organization.

These terms apply to all visitors, users, and others who access our website or services. If you do not agree to these terms, you must not use our website or services.

User Obligations and Responsibilities

1. Compliance with Laws

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

2. Accurate Information

You agree to provide accurate, current, and complete information when communicating with us or submitting project inquiries. You are responsible for maintaining the accuracy of any information you provide and must promptly update us if your information changes. Providing false or misleading information may result in termination of service discussions or agreements.

3. Professional Conduct

You agree to conduct yourself professionally in all interactions with Wanderlust. This includes respectful communication with our team members, honest representation of your project requirements and capabilities, timely responses to communications during active project discussions, and reasonable expectations aligned with industry standards for arcade game development services.

4. Prohibited Activities

You agree not to use our website or services to engage in fraudulent activities or misrepresentation, attempt to gain unauthorized access to our systems or data, transmit viruses, malware, or other harmful code, interfere with or disrupt our website or services, collect or harvest data from our website using automated means, use our services for any illegal purpose, violate the rights of others including intellectual property rights, or engage in any activity that could harm our reputation or business interests.

5. Content Responsibilities

When providing content to us for potential projects or communications, you represent and warrant that you own or have necessary rights to use and share this content, the content does not infringe any third-party rights, the content complies with applicable laws and regulations, and the content does not contain defamatory, offensive, or inappropriate material. You remain responsible for all content you provide to us.

Disclaimers and Warranties

1. Website and Content Disclaimers

Our website and all information provided are offered on an "as is" and "as available" basis without warranties of any kind. We make no guarantees regarding the accuracy, completeness, reliability, or timeliness of any content on our website.

Project examples, case studies, and portfolio items shown on our website are for illustrative purposes. They represent past work and do not guarantee similar results for future projects. Project outcomes depend on numerous factors including client collaboration, project scope, budget, and timeline.

2. Service Disclaimers

We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our services will meet your specific requirements, be delivered without interruption or errors, or achieve particular results or outcomes.

While we apply our professional expertise and design principles to all projects, creative work inherently involves subjective elements. We cannot guarantee that all stakeholders will be equally satisfied with creative decisions, though we work diligently to meet agreed-upon objectives.

3. Third-Party Disclaimers

We are not responsible for the actions, content, or services of third parties, including but not limited to software vendors, platform providers, hosting services, or external collaborators. Any interactions with third parties are at your own risk and subject to their respective terms and conditions.

Limitation of Liability

1. General Limitations

To the maximum extent permitted by applicable law, Wanderlust shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities arising from or related to your use of our website or services.

This limitation applies regardless of the legal theory on which a claim is based, whether contract, tort, negligence, strict liability, or otherwise, and whether or not we have been advised of the possibility of such damages.

2. Maximum Liability

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you to Wanderlust for the specific service giving rise to the liability during the twelve months preceding the claim, or 1,000 euros if no fees were paid, whichever is less.

3. Essential Purpose

The limitations of liability set forth in these terms are fundamental elements of the agreement between you and Wanderlust. Our services would not be provided without these limitations.

4. Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the greatest extent permitted by law. Nothing in these terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

Indemnification

You agree to indemnify, defend, and hold harmless Wanderlust, its affiliates, officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to your use of our website or services, your violation of these terms, your violation of any rights of third parties, any content you provide to us, or your violation of applicable laws or regulations.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

This indemnification obligation will survive termination of your use of our services and these terms.

Governing Law and Jurisdiction

1. Applicable Law

These Terms and Conditions are governed by and construed in accordance with the laws of the Federal Republic of Germany, without giving effect to any principles of conflicts of law.

2. Jurisdiction and Venue

You agree that any legal action or proceeding arising from or related to these terms or your use of our services shall be brought exclusively in the competent courts of Berlin, Germany. You consent to the personal jurisdiction of these courts and waive any objection to venue in these courts.

3. Consumer Rights

If you are a consumer residing in the European Union, nothing in these terms affects your statutory rights under applicable consumer protection laws. You may have the right to bring proceedings in the courts of your country of residence.

4. Dispute Resolution

Before initiating formal legal proceedings, we encourage you to contact us directly to discuss any disputes or concerns. We are committed to resolving issues through good-faith negotiation whenever possible. Many disputes can be resolved efficiently through direct communication.

Force Majeure

Wanderlust shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

If a force majeure event continues for more than 60 days, either party may terminate affected agreements upon written notice. We will make reasonable efforts to minimize the impact of any force majeure event.

Modification of Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting the updated terms on our website with a revised "Last updated" date.

Your continued use of our website or services after changes are posted constitutes acceptance of the modified terms. We encourage you to review these terms periodically.

For significant changes that materially affect your rights or obligations, we will make reasonable efforts to provide notice through our website or by email if we have your contact information.

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these terms.

Waiver

No waiver by Wanderlust of any term or condition set forth in these terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Any failure by Wanderlust to assert a right or provision under these terms does not constitute a waiver of such right or provision.

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 or any rights hereunder without restriction, including to any affiliated entity or in connection with a merger, acquisition, or sale of assets.

Any attempted assignment in violation of this section shall be void.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices published by us on our website, constitute the entire agreement between you and Wanderlust regarding your use of our website.

These terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us regarding the subject matter herein.