Terms and Conditions
Last updated: December 2, 2025
Quirkbit
156 Queen Street West
Toronto, ON M5H 3K9, Canada
+14167520969
Legal Agreement
These Terms and Conditions constitute a legally binding agreement between you (the "User" or "Client") and Quirkbit ("we," "us," or "our") governing your use of our website and engagement with our 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 and Conditions. If you do not agree, you must immediately cease use of our website and services.
User Obligations and Responsibilities
1. Compliance with Laws
You agree to comply with all applicable laws, regulations, and ordinances in your use of our website and services. This includes:
- • Canadian federal and provincial laws
- • International laws applicable to your jurisdiction
- • Intellectual property rights and copyright laws
- • Data protection and privacy regulations
2. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Violating any applicable laws or regulations
- Infringing upon intellectual property rights of any party
- Transmitting harmful, threatening, or abusive content
- Engaging in fraudulent or deceptive practices
- Attempting to gain unauthorized access to our systems
- Interfering with the security or integrity of our services
- Collecting personal information of other users without consent
- Using automated systems to access the website excessively
- Engaging in any activity that disrupts or harms our services
3. Content Guidelines
When communicating with us or providing project information, you must ensure that all content:
- → Is accurate, truthful, and not misleading
- → Does not infringe upon third-party rights
- → Does not contain offensive, harmful, or illegal material
- → Complies with all applicable laws and regulations
4. Indemnification
You agree to indemnify, defend, and hold harmless Quirkbit, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your violation of these Terms, your use of our services, or your infringement of any third-party rights.
Liability and Warranty Disclaimers
5. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability or fitness for a particular purpose
- Warranties of title or non-infringement
- Warranties regarding accuracy, reliability, or completeness of content
- Warranties that services will be uninterrupted, timely, or error-free
- Warranties regarding security of data transmission
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, QUIRKBIT SHALL NOT BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or use
- Business interruption or loss of business opportunities
- Damages resulting from reliance on information from our website
- Damages arising from unauthorized access to your data
- Damages resulting from third-party actions or services
In no event shall our total aggregate liability exceed the amount of CAD $100 or the amount you paid us in the 12 months preceding the claim, whichever is greater.
7. Exclusions and Limitations
Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. These limitations of liability apply even if we have been advised of the possibility of such damages.
Third-Party Interactions and Services
8. Third-Party Content and Links
Our website may contain links to third-party websites or references to third-party services. We do not endorse, control, or assume responsibility for:
- Content, products, or services offered by third parties
- Privacy practices or terms of service of third-party sites
- Accuracy or reliability of third-party information
- Any damages resulting from third-party interactions
9. Third-Party Service Providers
We may use third-party service providers to facilitate our services, including hosting, analytics, and communication tools. While we select providers carefully, we are not responsible for their actions or omissions. Your interactions with third-party providers are governed by their respective terms and policies.
Legal Information and Dispute Resolution
10. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law principles.
11. Jurisdiction and Venue
Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts located in Toronto, Ontario, Canada. You consent to the personal jurisdiction of these courts and waive any objection to venue.
Notwithstanding the above, we reserve the right to seek injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property rights.
12. Dispute Resolution
Before initiating any formal legal proceedings, parties agree to attempt to resolve disputes through good-faith negotiations. If a resolution cannot be reached within 30 days, either party may pursue formal legal action.
Time is of the essence in resolving disputes. Any claim or cause of action arising from these Terms must be filed within one year after the claim arose, or it shall be permanently barred.
13. Class Action Waiver
To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive the right to participate in a class action lawsuit or class-wide arbitration.
General Provisions
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. Invalid provisions shall be modified to the minimum extent necessary to make them valid and enforceable while preserving the parties' original intent.
15. Waiver
Our failure to 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. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
16. Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms or any rights hereunder without restriction. Any attempted assignment in violation of this provision is void.
17. Entire Agreement
These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and Terms of Service, constitute the entire agreement between you and Quirkbit regarding your use of our services and supersede all prior agreements, understandings, and communications, whether written or oral.
18. Survival
Provisions of these Terms that by their nature should survive termination shall survive, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.
19. Force Majeure
We shall not be liable for any failure or delay in performance resulting from causes 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.
In the event of force majeure, our performance obligations shall be suspended for the duration of the event, and we shall be entitled to a reasonable extension of time for performance.
20. Modifications to Terms
We reserve the right to modify these Terms and Conditions at any time at our sole discretion. Material changes will be communicated through prominent website notices or email notifications. Non-material changes may be posted without additional notice.
Your continued use of our services following the posting of changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically. If you do not agree to modified Terms, you must discontinue use of our services.
21. Age Requirements
Our services are intended for users who are at least 18 years of age or the age of majority in their jurisdiction, whichever is greater. By using our services, you represent and warrant that you meet these age requirements.
If you are accessing our services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
Questions or Concerns?
If you have questions about these Terms and Conditions or need clarification on any provision, please contact us:
Quirkbit
156 Queen Street West
Toronto, ON M5H 3K9, Canada
Phone: +14167520969
Email: info@quir-kbit.com
Or use our Contact Form