Terms and Conditions

1. Introduction and Acceptance

Welcome to Maloomat Game Development Studio. These Terms and Conditions (“Terms”) govern your use of our website (https://maloomat.site) and the Android game development services provided by Maloomat (“Company,” “we,” “us,” or “our”).By accessing our website, requesting our services, or entering into any agreement with Maloomat, you (“Client,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.If you do not agree with these Terms, please do not use our website or services.These Terms constitute a legally binding agreement between you and Maloomat Game Development Studio, located at A-Block, Johar Town, Lahore, Pakistan.

2. Services Provided

2.1 Game Development Services

Maloomat specializes in providing comprehensive Android game development services, including but not limited to:

Custom Android Game Development using native and cross-platform technologies
Game Design and Conceptualization services
Graphics and Animation Creation for mobile games
Audio Integration and Sound Design services
Game Testing and Quality Assurance procedures
App Store Optimization and Publishing assistance
Post-Launch Support and Maintenance services
Game Analytics Implementation and reporting
Monetization Strategy Development and implementation

2.2 Service Scope

The specific scope of services for each project will be detailed in a separate Service Agreement or Statement of Work (SOW) that incorporates these Terms by reference. Each project may have unique requirements, timelines, and deliverables as agreed upon between the parties.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to existing clients. Such modifications will not affect ongoing projects under signed agreements.

3. Client Responsibilities and Obligations

3.1 Information Provision

Clients must provide:

Accurate and complete project requirements and specifications
Necessary assets, content, and materials required for development
Timely feedback and approvals during development milestones
Access to relevant accounts (Google Play Console, analytics accounts, etc.)
Clear communication regarding project changes or concerns

3.2 Content Responsibility

Clients are solely responsible for:

Ensuring all provided content is original or properly licensed
Obtaining necessary permissions for copyrighted materials
Compliance with applicable laws and regulations
Accuracy of information provided for development purposes
Legal compliance of the final game product

3.3 Cooperation Requirements

Clients must:

Respond to communications within agreed timeframes
Participate in scheduled meetings and milestone reviews
Provide constructive feedback during development phases
Make timely payments according to agreed schedules
Respect intellectual property rights of all parties involved

4. Payment Terms and Conditions

4.1 Pricing Structure

Project costs will be specified in individual Service Agreements
Payment schedules will be outlined in project proposals
Additional services may incur extra charges as agreed
Currency for all transactions is US Dollars (USD) unless otherwise specified
Taxes and fees are the responsibility of the client unless explicitly stated otherwise

4.2 Payment Schedule

Standard payment structure:

Initial deposit of 25-50% upon project commencement
Milestone payments as specified in the Service Agreement
Final payment upon project completion and delivery
Monthly payments for ongoing support and maintenance services

4.3 Payment Methods

Accepted payment methods include:

Bank wire transfers to our designated business account
Online payment processors (Stripe, PayPal, etc.)
Cryptocurrency payments (Bitcoin, Ethereum) with prior arrangement
Other methods as mutually agreed upon

4.4 Late Payment Policy

Late fees of 1.5% per month may be applied to overdue amounts
Service suspension may occur for payments overdue by 30+ days
Project cancellation rights reserved for payments overdue by 60+ days
Collection costs and legal fees may be charged to the client
Interest charges may apply as permitted by applicable law

4.5 Refund Policy

Refunds are generally not provided for completed work
Partial refunds may be considered for undelivered milestones
Dispute resolution procedures must be followed before refund requests
Refund processing may take 15-30 business days
Processing fees may be deducted from refund amounts

5. Intellectual Property Rights

5.1 Client-Owned Intellectual Property

Upon full payment of all fees:

Source code ownership transfers to the client (unless otherwise specified)
Custom assets created specifically for the project belong to the client
Game concept and design ownership remains with the client
Branding and trademark elements remain client property
Client data and content ownership is retained by the client

5.2 Maloomat-Retained Rights

Maloomat retains rights to:

General methodologies and techniques used in development
Pre-existing code libraries and frameworks
Third-party tools and assets used in development
Portfolio and marketing rights to showcase completed projects
Knowledge and experience gained during project development

5.3 Third-Party Intellectual Property

Third-party assets require proper licensing by the client
Open-source components will be clearly identified and documented
Licensed tools and engines may require separate licensing agreements
Compliance responsibility for third-party IP lies with the client
Indemnification may be required for IP disputes

5.4 Work-for-Hire Provisions

Where applicable under law:

Custom development work may be considered work-for-hire
IP assignment occurs upon full payment completion
Moral rights are waived to the extent permitted by law
Attribution rights may be retained for portfolio purposes
Derivative works rights transfer with primary IP rights

6. Confidentiality and Non-Disclosure

6.1 Confidential Information

Both parties agree to maintain confidentiality of:

Project details and specifications shared during development
Business strategies and plans disclosed during collaboration
Technical information and methodologies used in development
Financial information related to the project
Personal data processed during service delivery

6.2 Non-Disclosure Obligations

Confidentiality period extends indefinitely unless otherwise specified
Limited disclosure only to employees/contractors with need-to-know
Protection measures equivalent to those used for own confidential information
Return of materials upon project completion or termination
Legal remedies available for breach of confidentiality

6.3 Exceptions to Confidentiality

Confidentiality obligations do not apply to information that:

Is publicly available through no breach of these Terms
Was known prior to disclosure by the other party
Is independently developed without use of confidential information
Is required to be disclosed by law or court order
Is approved for disclosure in writing by the disclosing party

7. Project Timeline and Delivery

7.1 Timeline Estimates

Project timelines are estimates based on provided requirements
Milestone schedules will be detailed in Service Agreements
Timeline adjustments may be necessary due to scope changes
Client delays may impact overall project delivery dates
Force majeure events may affect timeline commitments

7.2 Delivery Methods

Project deliverables will be provided through:

Secure file transfer systems for large files
Version control systems for source code delivery
Cloud storage platforms for asset and document sharing
Email delivery for smaller files and documentation
Physical media when specifically requested and arranged

7.3 Acceptance Procedures

Delivery notification will be sent upon milestone completion
Review period of 5-10 business days for client feedback
Acceptance criteria as defined in the Service Agreement
Revision requests must be submitted within the review period
Final acceptance constitutes approval of deliverables

7.4 Delays and Extensions

Client-caused delays may result in timeline extensions
Scope changes will be addressed through change order procedures
Technical challenges may require timeline adjustments
Third-party dependencies may impact delivery schedules
Communication will be maintained regarding any delays

8. Quality Assurance and Testing

8.1 Testing Standards

Our quality assurance process includes:

Functional testing across multiple Android devices
Performance optimization for various hardware specifications
User interface testing for optimal user experience
Security testing to identify potential vulnerabilities
Compatibility testing across Android versions

8.2 Bug Reporting and Resolution

Bug reporting procedures will be established for each project
Priority classification system for identified issues
Resolution timeframes based on issue severity
Testing cycles to verify bug fixes
Documentation of all identified and resolved issues

8.3 Post-Launch Support

Warranty period for bug fixes (typically 30-90 days)
Maintenance services available through separate agreements
Update services for platform compatibility
Performance monitoring and optimization services
Technical support for deployment and launch issues

9. Limitation of Liability

9.1 Liability Limitations

To the maximum extent permitted by law:

Total liability is limited to the amount paid for services
Indirect damages (lost profits, data loss) are excluded
Consequential damages are not covered under these Terms
Punitive damages are specifically excluded
Time limitation for claims is one year from service completion

9.2 Service Disclaimers

Services are provided “as is” without warranties of:

Specific performance results or commercial success
Uninterrupted service or error-free operation
Compatibility with all devices or future platform changes
Market acceptance or revenue generation
Compliance with all applicable laws in all jurisdictions

9.3 Client Indemnification

Client agrees to indemnify Maloomat against claims arising from:

Content provided by the client for development
Intellectual property infringement by client materials
Legal violations in the client’s use of delivered services
Third-party claims related to client’s business operations
Breach of these Terms by the client

10. Termination Conditions

10.1 Termination by Client

Clients may terminate services:

With 30 days written notice for ongoing projects
Immediately for material breach by Maloomat (with cure period)
Upon completion of specific project milestones
By mutual agreement at any time
For convenience with payment for completed work

10.2 Termination by Maloomat

Maloomat may terminate services:

For non-payment after 30 days past due
For material breach by client (with 15-day cure period)
For illegal activities or violations of these Terms
For failure to cooperate in project development
Upon 30 days notice for business reasons

10.3 Effects of Termination

Upon termination:

Payment obligations for completed work remain
Deliverables for paid milestones will be provided
Confidentiality obligations continue indefinitely
IP rights transfer according to payment status
Return of materials must occur within 30 days

10.4 Survival of Terms

The following provisions survive termination:

Payment obligations for services rendered
Intellectual property provisions
Confidentiality and non-disclosure obligations
Limitation of liability and indemnification
Dispute resolution procedures

11. Dispute Resolution

11.1 Negotiation Requirement

Before initiating formal proceedings:

Direct negotiation must be attempted for 30 days
Senior management involvement in resolution efforts
Written documentation of dispute and attempted resolutions
Good faith efforts required from both parties
Mediation consideration before litigation

11.2 Governing Law

These Terms are governed by:

Laws of Pakistan without regard to conflict of law principles
Jurisdiction of courts in Lahore, Pakistan
International arbitration for cross-border disputes (optional)
Local law compliance in client’s jurisdiction where applicable
Treaty obligations for international clients

11.3 Arbitration Procedures

If arbitration is chosen:

Arbitration rules of recognized international body
Single arbitrator for disputes under $50,000
Three arbitrators for larger disputes
English language proceedings
Lahore, Pakistan as arbitration seat (unless otherwise agreed)

11.4 Legal Fees

Each party bears own legal costs unless otherwise awarded
Prevailing party may recover reasonable attorney fees
Frivolous claims may result in fee shifting
Settlement encouragement through cost considerations
Alternative dispute resolution preferred over litigation

12. Force Majeure

12.1 Force Majeure Events

Neither party is liable for delays caused by:

Natural disasters (earthquakes, floods, pandemics)
Government actions (sanctions, trade restrictions, lockdowns)
War, terrorism, or civil unrest
Internet outages or infrastructure failures
Labor strikes or work stoppages

12.2 Notice Requirements

Party affected by force majeure must:

Provide prompt notice of the event and expected impact
Use reasonable efforts to mitigate effects
Provide regular updates on situation status
Resume performance as soon as reasonably possible
Document the force majeure event and its effects

12.3 Contract Suspension

During force majeure:

Performance obligations are suspended
Payment obligations for completed work continue
Timeline extensions granted as appropriate
Contract termination available for extended events (90+ days)
Mitigation efforts required from both parties

13. Privacy and Data Protection

13.1 Privacy Policy Integration

Our Privacy Policy (available at https://maloomat.site) is incorporated by reference and governs:

Personal data collection and processing
Data security measures and protections
International data transfers and compliance
Individual rights and privacy controls
Breach notification procedures

13.2 Data Processing Agreements

For clients requiring specific data protection terms:

Separate Data Processing Agreements available
GDPR compliance for EU clients
CCPA compliance for California clients
Custom privacy terms as required
Regular compliance audits and certifications

13.3 Data Retention

Project data retained as specified in Service Agreements
Communication records kept for business continuity
Financial records maintained per legal requirements
Analytics data processed according to Privacy Policy
Deletion procedures available upon request

14. Modifications and Updates

14.1 Terms Updates

We reserve the right to modify these Terms:

30 days advance notice for material changes
Email notification to active clients
Website posting of updated Terms
Continued use constitutes acceptance of changes
Objection procedures for significant modifications

14.2 Service Agreement Precedence

In case of conflicts:

Specific Service Agreements take precedence over general Terms
Written amendments override standard provisions
Custom terms negotiated for specific projects
Industry standards may supplement these Terms
Legal requirements supersede conflicting provisions

14.3 Amendment Procedures

Terms may only be amended:

In writing signed by authorized representatives
Through formal modification procedures
With mutual consent of both parties
Subject to legal review for enforceability
Documented in project files and records

15. Miscellaneous Provisions

15.1 Entire Agreement

These Terms, together with any Service Agreements and Statements of Work, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter.

15.2 Severability

If any provision of these Terms is found to be unenforceable:

Remaining provisions continue in full force
Invalid provisions modified to be enforceable
Intent preservation of original agreement
Judicial modification preferred over invalidation
Substitute provisions that achieve similar results

15.3 Waiver

No waiver unless in writing and signed
Single waivers do not constitute ongoing waivers
Partial performance does not waive breach claims
Course of dealing does not modify written Terms
Reservation of rights in all circumstances

15.4 Assignment

Client assignment requires written consent from Maloomat
Maloomat assignment to affiliates or successors permitted
Subcontracting allowed with confidentiality protections
Change of control may trigger assignment provisions
Assignment fees may apply to complex transfers

15.5 Notices

All notices must be:

In writing and delivered by email or registered mail
Sent to addresses specified in Service Agreements
Effective upon receipt or attempted delivery
Copied to legal counsel for significant matters
Documented with delivery confirmation

15.6 Independent Contractors

No employment relationship created by these Terms
Independent contractor status maintained
No authority to bind the other party
Separate tax obligations for each party
No employee benefits provided

15.7 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

15.8 Counterparts

These Terms may be executed in counterparts, including electronic signatures, each of which constitutes an original and all of which constitute one agreement.

16. Contact Information

For questions about these Terms and Conditions, please contact:Maloomat Game Development Studio A-Block, Johar Town Lahore, Punjab 54000 PakistanEmail:support@maloomat.siteLegal Inquiries:legal@maloomat.siteWebsite:https://maloomat.siteBusiness Hours: Monday – Friday: 9:00 AM – 6:00 PM (PKT) Saturday: 10:00 AM – 4:00 PM (PKT)

17. Acknowledgment

By using our website or engaging our services, you acknowledge that:

You have read and understood these Terms and Conditions
You agree to be bound by all provisions contained herein
You have the authority to enter into this agreement
You understand the limitations and obligations set forth
You consent to the jurisdiction and governing law specified

These Terms and Conditions are effective as of January 15, 2025, and remain in effect until modified or terminated in accordance with the provisions herein.