Terms of Service

Acceptance of Terms

By accessing and using AffectWorks services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.

These terms constitute a legally binding agreement between you and AffectWorks, and your use of our services signifies your acceptance of these terms.

Service Description

AffectWorks provides a B2B platform and toolkit for game developers to design and measure player mood through visual and audio elements. Our services include software development kits, preset libraries, analytics dashboards, and related professional services.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, though we will make reasonable efforts to provide advance notice of significant changes.

User Accounts and Registration

To access certain features of our services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

Subscription and Payment Terms

Our services are offered through various subscription plans with different features and pricing. Subscription fees are billed in advance on a recurring basis and are non-refundable except as expressly provided in these terms.

You authorize us to charge your designated payment method for all applicable fees. If payment cannot be processed, we may suspend or terminate your access to our services until payment is received.

Acceptable Use Policy

You agree to use our services only for lawful purposes and in accordance with these terms. You may not use our services to transmit harmful, offensive, or illegal content, or to interfere with the operation of our platform.

Prohibited activities include but are not limited to: attempting to gain unauthorized access to our systems, reverse engineering our software, or using our services to compete with us or develop competing products.

Intellectual Property Rights

AffectWorks and its licensors own all rights, title, and interest in and to our services, including all intellectual property rights. Your use of our services does not grant you any ownership rights in our platform or content.

You retain ownership of any content you create using our services, but you grant us a limited license to use such content as necessary to provide our services and improve our platform.

Software License and SDK Terms

Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable license to use our software development kits and related tools solely for your internal business purposes.

You may not distribute, sublicense, or make our SDKs available to third parties without our prior written consent. Any violation of these license terms may result in immediate termination of your access to our services.

Data and Privacy

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

You are responsible for ensuring that any data you provide to us or collect through our services complies with applicable privacy laws and regulations.

Service Availability and Support

While we strive to maintain high service availability, we do not guarantee that our services will be available at all times or free from interruptions. We may perform maintenance, updates, or other activities that temporarily affect service availability.

Support services are provided according to your subscription plan and our published support policies. We will make reasonable efforts to respond to support requests in a timely manner.

Limitation of Liability

To the maximum extent permitted by law, AffectWorks shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Our total liability for any claims arising from or related to these terms or our services shall not exceed the amount you paid to us in the twelve months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless AffectWorks and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services, violation of these terms, or infringement of any third-party rights.

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

Termination

Either party may terminate these terms at any time with or without cause. Upon termination, your access to our services will cease, and you must stop using our software and return or destroy any confidential information.

Provisions of these terms that by their nature should survive termination will remain in effect, including intellectual property rights, limitation of liability, and indemnification obligations.

Dispute Resolution

Any disputes arising from or related to these terms or our services shall be resolved through binding arbitration in accordance with the rules of a recognized arbitration organization, rather than in court.

You waive any right to participate in class action lawsuits or class-wide arbitrations against us. This arbitration provision does not apply to claims that cannot be waived under applicable law.

Governing Law and Jurisdiction

These terms are governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any legal proceedings not subject to arbitration shall be brought in the appropriate courts.

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Changes to Terms

We may modify these terms at any time by posting the updated terms on our website. Your continued use of our services after any changes constitutes acceptance of the new terms.

These terms were last updated on January 1, 2025, and supersede all previous versions. For questions about these terms, please contact us through our website.