Terms and Conditions
Last updated: December 27, 2025
Legal Entity
Company: Arcadian
Address: 55 King Street West, Suite 1800, Toronto, ON M5K 1E7, Canada
Email: info@arca-dian.com
Phone: +1 416-869-1144
Binding Agreement
These Terms and Conditions constitute a legally binding agreement between you (the user or client) and Arcadian. By accessing our website, using our services, or entering into any business relationship with us, you acknowledge that you have read, understood, and agree to comply with these terms in their entirety.
These terms establish the legal framework for our professional relationship and outline the rights, obligations, and responsibilities of both parties. If you do not agree with any provision contained herein, you must immediately cease use of our website and services.
Definitions
For the purposes of these Terms and Conditions:
"Company," "we," "us," or "our" refers to Arcadian
"User," "you," or "client" refers to any individual or entity accessing our website or using our services
"Services" refers to all game development services we provide, including production, narrative design, and localization
"Website" refers to our online presence and all associated web pages
"Agreement" refers to these Terms and Conditions and any additional service agreements
User Obligations and Conduct
Legal Compliance
By using our services, you agree to:
- 1. Comply with all applicable federal, provincial, and local laws and regulations
- 2. Ensure all information provided is accurate, current, and complete
- 3. Maintain the confidentiality of any account credentials or sensitive information
- 4. Notify us immediately of any unauthorized use of your account or security breach
- 5. Respect intellectual property rights of all parties
Prohibited Conduct
You expressly agree not to:
- 1. Use our services for any illegal, fraudulent, or unauthorized purpose
- 2. Engage in conduct that restricts or inhibits others from using our services
- 3. Submit false, misleading, or deceptive information
- 4. Violate any third-party rights, including copyright, trademark, privacy, or publicity rights
- 5. Reverse engineer, decompile, or otherwise attempt to extract source code from our systems
- 6. Use automated systems or software to extract data without authorization
- 7. Upload or transmit malicious code, viruses, or harmful files
- 8. Engage in harassment, abuse, or discriminatory behavior
Age Requirements
You must be at least 18 years of age to use our services or enter into agreements with us. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
Content Submission
When you submit content, materials, or information to us, you represent that you have all necessary rights, licenses, and permissions to do so. You grant us permission to use such content solely for the purpose of providing our services and fulfilling our obligations under any service agreement.
Client Responsibilities in Service Projects
When engaging our services for game development projects, clients agree to:
- • Provide timely feedback and approvals as outlined in project timelines
- • Supply necessary materials, assets, or information required for project completion
- • Designate appropriate representatives with decision-making authority
- • Make payments according to agreed schedules and terms
- • Communicate changes or concerns promptly and professionally
- • Understand that delays in providing feedback or materials may impact project timelines
Disclaimers and Limitation of Liability
Disclaimer of Warranties
Our services and website are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to:
- • Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
- • Warranties regarding accuracy, reliability, or completeness of content
- • Warranties that services will be uninterrupted, secure, or error-free
- • Warranties regarding specific project outcomes or commercial success
Limitation of Liability
To the fullest extent permitted by law, Arcadian, its officers, directors, employees, and agents shall not be liable for:
- 1. Any indirect, incidental, special, consequential, or punitive damages
- 2. Loss of profits, revenue, data, or business opportunities
- 3. Costs of procurement of substitute goods or services
- 4. Damages arising from use or inability to use our services
- 5. Unauthorized access to or alteration of your content
In any event, our total liability shall not exceed the amount paid by you for the specific services giving rise to the claim, or one hundred Canadian dollars (CAD $100), whichever is greater.
Exclusion of Consequential Damages
Under no circumstances shall we be liable for any damages that result from business interruption, loss of goodwill, lost savings, or any other economic loss, even if we have been advised of the possibility of such damages. This limitation applies regardless of the theory of liability, whether based on contract, tort, negligence, strict liability, or otherwise.
Force Majeure
We shall not be held liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, pandemic, utility failures, or internet disruptions.
Indemnification
You agree to indemnify, defend, and hold harmless Arcadian, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- 1. Your violation of these Terms and Conditions
- 2. Your violation of any law or regulation
- 3. Your violation of any third-party rights, including intellectual property or privacy rights
- 4. Any content or materials you submit or provide
- 5. Your use or misuse of our services
We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, and you agree to cooperate fully with us in such defense.
Governing Law and Jurisdiction
Applicable Law
These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or your use of our services:
- 1. The parties shall first attempt to resolve the matter through good-faith negotiation
- 2. If negotiation fails within 30 days, the dispute may be submitted to mediation
- 3. If mediation is unsuccessful, disputes shall be resolved through the courts of Ontario, Canada
Jurisdiction and Venue
You irrevocably consent to the exclusive jurisdiction and venue of the courts located in Toronto, Ontario, Canada for any legal proceeding arising from or related to these Terms and Conditions or your use of our services. You waive any objection to such jurisdiction or venue.
General Legal Provisions
Entire Agreement
These Terms and Conditions, together with any service agreements and privacy policy, constitute the entire agreement between you and Arcadian regarding your use of our services and supersede all prior or contemporaneous understandings, agreements, representations, or warranties.
Severability
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.
Waiver
No waiver of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Assignment
You may not assign, transfer, or delegate these Terms and Conditions or your rights and obligations hereunder without our prior written consent. We may freely assign or transfer these Terms and Conditions without restriction. Any attempted assignment in violation of this section shall be null and void.
Survival
All provisions of these Terms and Conditions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
Headings
The headings and section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
Language
These Terms and Conditions are written in English. Any translations provided are for convenience only. In case of any discrepancy between the English version and any translation, the English version shall prevail.
Modifications to Terms
We reserve the right to modify, amend, or update these Terms and Conditions at any time at our sole discretion. We will provide notice of material changes by updating the "Last updated" date at the top of this document. Your continued use of our services after such modifications constitutes your acceptance of the updated terms. We encourage you to review these Terms and Conditions periodically. If you do not agree to any modifications, you must discontinue use of our services.
Contact Information
For questions regarding these Terms and Conditions or any legal matters, please contact us:
Email: info@arca-dian.com
Phone: +1 416-869-1144
Address: 55 King Street West, Suite 1800, Toronto, ON M5K 1E7, Canada