Introduction
Welcome to Kamyabi Game Development Services (“Kamyabi,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our website located at https://kamyabi.site and all related services, including our Android game development services.By accessing our website, engaging our services, or entering into any agreement with us, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.These Terms constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Kamyabi Game Development Services. Please read these Terms carefully before using our services.
Definitions
For the purposes of these Terms, the following definitions apply:“Agreement” means any contract, proposal, or statement of work entered into between Kamyabi and the Client for the provision of services.“Client” means any individual, company, or organization that engages Kamyabi’s services or uses our website.“Confidential Information” means any proprietary or confidential information disclosed by either party, including but not limited to business plans, technical data, source code, and game concepts.“Deliverables” means the final products, services, or work output provided by Kamyabi to the Client as specified in the Agreement.“Intellectual Property” means all intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and proprietary rights.“Services” means all game development services, consulting, and related activities provided by Kamyabi.“Website” means the Kamyabi website located at https://kamyabi.site and all associated pages and content.
Acceptance of Terms
By using our website or engaging our services, you represent and warrant that:
- You are at least 18 years of age or have reached the age of majority in your jurisdiction
- You have the legal capacity and authority to enter into these Terms
- If representing a company or organization, you have the authority to bind that entity to these Terms
- You will comply with all applicable laws and regulations in your use of our services
- All information you provide to us is accurate, complete, and up-to-date
Services Description
Game Development Services
Kamyabi provides comprehensive Android game development services, including but not limited to:
- Custom Android game development using Unity 3D, Unreal Engine, and other platforms
- 2D and 3D game design and programming
- User interface and user experience design
- Game art creation and animation
- Audio integration and sound design
- Quality assurance testing and optimization
- App store submission and optimization
- Post-launch support and maintenance
- Monetization strategy implementation
- Analytics integration and performance monitoring
Consultation Services
We also provide:
- Game concept development and strategy consultation
- Technical feasibility analysis
- Market research and competitive analysis
- Monetization strategy planning
- Platform selection guidance
- Project management and development oversight
Additional Services
Subject to separate agreements, we may provide:
- Cross-platform porting services
- Game marketing and promotion support
- Ongoing maintenance and updates
- Training and technical support
- Custom software development solutions
Service Engagement Process
Initial Consultation
All service engagements begin with an initial consultation where we:
- Discuss your project requirements and objectives
- Assess technical feasibility and scope
- Provide preliminary timeline and budget estimates
- Explain our development process and methodologies
- Answer your questions and address concerns
Proposal and Agreement
Following the consultation, we will provide:
- A detailed project proposal outlining scope, deliverables, timeline, and pricing
- Terms specific to your project
- Payment schedule and milestones
- Acceptance criteria for deliverables
Project Execution
Upon agreement acceptance, we will:
- Assign a dedicated project team
- Establish communication protocols and reporting schedules
- Begin development according to the agreed timeline
- Provide regular progress updates and milestone deliveries
- Conduct testing and quality assurance throughout the process
Payment Terms
Pricing and Fees
- All prices are quoted in US Dollars unless otherwise specified
- Prices are valid for 30 days from the date of proposal
- Additional work outside the agreed scope will be subject to separate pricing
- All fees are exclusive of applicable taxes, which are the Client’s responsibility
Payment Schedule
Unless otherwise agreed in writing, our standard payment terms are:
- 30% deposit upon agreement signing
- 40% at 50% project completion milestone
- 30% upon final delivery and acceptance
Payment Methods
We accept payments via:
- Bank wire transfer
- PayPal
- Credit card (for smaller amounts)
- Other methods as mutually agreed
Late Payments
- Invoices are due within 15 days of receipt
- Late payments may incur a service charge of 1.5% per month
- We reserve the right to suspend work on overdue accounts
- Continued non-payment may result in project termination and collection actions
Refunds
Refunds are handled on a case-by-case basis according to the specific terms of each Agreement. Generally:
- Deposits may be refundable if the project has not commenced
- Payments for completed work are non-refundable
- Refund requests must be made in writing with justification
Intellectual Property Rights
Client-Owned Intellectual Property
The Client retains ownership of:
- Original game concepts, storylines, and creative materials provided to Kamyabi
- Trademark and branding elements owned by the Client
- Any pre-existing intellectual property provided by the Client
Kamyabi-Created Intellectual Property
Upon full payment, the Client will own:
- Custom game code developed specifically for the Client’s project
- Original art assets created for the Client’s game
- Custom audio and music composed for the project
- Game-specific documentation and materials
Shared and Third-Party Intellectual Property
- Third-party assets, libraries, and tools remain the property of their respective owners
- Kamyabi retains ownership of proprietary development tools and methodologies
- Open-source components are subject to their respective licenses
- Stock assets and libraries used in development may require separate licensing
Portfolio and Marketing Rights
Kamyabi reserves the right to:
- Include completed projects in our portfolio and marketing materials
- Use project screenshots and descriptions for promotional purposes
- Reference the Client relationship in business development activities
- Display completed games as examples of our work
The Client may request exclusion from portfolio use for confidential projects.
Confidentiality and Non-Disclosure
Mutual Confidentiality
Both parties agree to maintain the confidentiality of all proprietary and confidential information disclosed during the course of the engagement, including:
- Business plans and strategies
- Technical specifications and source code
- Financial information
- Game concepts and creative materials
- User data and analytics
- Any information marked as confidential
Exceptions
Confidentiality obligations do not apply to information that:
- Is or becomes publicly available through no breach of these Terms
- Was rightfully known prior to disclosure
- Is independently developed without use of confidential information
- Is required to be disclosed by law or court order
Duration
Confidentiality obligations survive termination of these Terms and continue for a period of five (5) years from the date of disclosure.
Quality Assurance and Acceptance
Quality Standards
All deliverables will be provided in accordance with:
- Industry best practices and standards
- Specifications outlined in the Agreement
- Google Play Store guidelines and requirements
- Applicable platform-specific standards
Testing and Review
- We conduct comprehensive testing on multiple devices and configurations
- The Client will have opportunities to review and provide feedback at designated milestones
- Minor revisions and bug fixes are included within the agreed scope
- Major changes or additions may require scope modifications
Acceptance Process
- Deliverables are considered accepted if no objections are raised within 10 business days of delivery
- Acceptance criteria will be clearly defined in the project Agreement
- Any rejection must be accompanied by specific, reasonable objections
- We will address valid concerns and resubmit corrected deliverables
Support and Maintenance
Included Support
Our standard packages include:
- Bug fixes for issues present at delivery (warranty period as specified in Agreement)
- Technical support for deployment and initial launch
- Basic documentation and user guides
- Limited post-launch consultation
Extended Support Services
Available separately:
- Ongoing maintenance and updates
- Feature enhancements and additions
- Performance monitoring and optimization
- Marketing and user acquisition support
- Long-term technical support agreements
Response Times
- Critical issues: Within 24 hours
- Standard support requests: Within 48-72 hours
- Enhancement requests: Timeline to be agreed separately
Limitations of Liability
Disclaimer of Warranties
Our services are provided “as is” without warranties of any kind, either express or implied, including but not limited to:
- Merchantability or fitness for a particular purpose
- Uninterrupted or error-free operation
- Specific performance metrics or commercial success
- Compatibility with future platform updates or changes
Limitation of Damages
To the maximum extent permitted by law, Kamyabi’s total liability for any claims arising from these Terms or our services shall not exceed the total amount paid by the Client for the specific services giving rise to the claim.In no event shall Kamyabi be liable for:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Business interruption or downtime
- Third-party claims or damages
Exceptions
These limitations do not apply to:
- Damages caused by willful misconduct or gross negligence
- Violations of intellectual property rights
- Breaches of confidentiality obligations
- Claims that cannot be limited under applicable law
Indemnification
Client Indemnification
The Client agrees to indemnify and hold harmless Kamyabi from any claims, damages, or expenses arising from:
- Use of Client-provided materials that infringe third-party rights
- Violation of applicable laws or regulations by the Client
- Misuse of delivered products or services
- Breach of these Terms by the Client
Kamyabi Indemnification
Kamyabi agrees to indemnify the Client against claims that our original work product directly infringes third-party intellectual property rights, provided:
- The Client promptly notifies us of any such claims
- We are given control of the defense and settlement
- The Client cooperates fully in the defense
- The infringement was not caused by Client modifications or misuse
Termination
Termination for Convenience
Either party may terminate the engagement with 30 days written notice. Upon termination:
- The Client will pay for all work completed to the date of termination
- Kamyabi will deliver all completed work product
- Both parties will return or destroy confidential information
- Surviving provisions will remain in effect
Termination for Cause
Either party may terminate immediately for material breach, including:
- Non-payment of undisputed invoices
- Violation of confidentiality obligations
- Failure to perform material obligations
- Insolvency or bankruptcy proceedings
Effect of Termination
Upon termination:
- All payment obligations for completed work become immediately due
- Each party will return confidential information belonging to the other
- Intellectual property rights will be allocated according to these Terms
- No party will be liable for damages resulting from proper termination
Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to:
- Natural disasters, pandemics, or other acts of God
- War, terrorism, or civil unrest
- Government actions or regulatory changes
- Internet outages or infrastructure failures
- Labor strikes or disputes
The affected party must promptly notify the other party and make reasonable efforts to mitigate the impact.
Governing Law and Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Pakistan, without regard to conflict of law principles.
Dispute Resolution Process
Step 1: Direct Negotiation The parties will first attempt to resolve any disputes through good faith negotiations.Step 2: Mediation If negotiation fails, disputes will be submitted to mediation before a mutually agreed mediator.Step 3: Arbitration Unresolved disputes will be settled by binding arbitration under the rules of the relevant arbitration authority in Lahore, Pakistan.
Jurisdiction
For any legal proceedings not subject to arbitration, the parties submit to the exclusive jurisdiction of the courts in Lahore, Pakistan.
General Provisions
Entire Agreement
These Terms, together with any signed Agreements and proposals, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.
Amendments
These Terms may only be modified by written agreement signed by both parties. We may update these Terms for new engagements with reasonable notice.
Assignment
The Client may not assign their rights or obligations without our prior written consent. We may assign our rights and obligations with reasonable notice to the Client.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver
No waiver of any provision or breach shall be deemed a waiver of any other provision or breach.
Survival
Provisions relating to payment, intellectual property, confidentiality, limitation of liability, and indemnification shall survive termination of these Terms.
Notices
All notices must be in writing and delivered to the addresses specified in the Agreement or these Terms. Email delivery to designated addresses is acceptable for routine communications.
Independent Contractors
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.
Language
These Terms are written in English. Any translations are for convenience only, and the English version shall control in case of conflicts.
Website Terms of Use
Acceptable Use
When using our website, you agree to:
- Use the website only for lawful purposes
- Provide accurate information in all communications
- Respect intellectual property rights
- Not attempt to gain unauthorized access to our systems
- Not interfere with website functionality or security
Prohibited Activities
You may not:
- Upload or transmit harmful code, viruses, or malicious software
- Attempt to reverse engineer or hack our website or systems
- Use automated tools to scrape or harvest website content
- Impersonate others or provide false information
- Engage in any activity that could damage our reputation or business
Website Content
- All website content is protected by copyright and other intellectual property rights
- You may view and print content for personal use only
- Commercial use of website content requires our written permission
- We reserve the right to modify or remove website content at any time
Privacy and Data Protection
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms, you also agree to our Privacy Policy.Key points include:
- We collect information necessary to provide our services
- We protect your information with appropriate security measures
- We do not sell or share personal information without consent
- You have rights regarding your personal information as described in our Privacy Policy
Updates and Modifications
We reserve the right to update these Terms at any time. Changes will be effective:
- Immediately for new service engagements
- Upon 30 days notice for existing client relationships
- As specified in individual Agreements for ongoing projects
Continued use of our services after changes constitutes acceptance of the updated Terms.
Contact Information
For questions about these Terms or our services, please contact us: Kamyabi Game Development ServicesEmail: legal@kamyabi.site
Primary Contact: contact@kamyabi.site
Website: https://kamyabi.site Mailing Address:
C-Block, Wapda Town
Lahore, Pakistan Business Hours: Monday – Friday, 9:00 AM – 6:00 PM (PKT)
Acknowledgment and Acceptance
By using our website, engaging our services, or entering into any agreement with us, 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 in these Terms
These Terms and Conditions are effective as of the date stated above and will remain in effect until superseded by updated Terms or terminated in accordance with the provisions herein.
Kamyabi Game Development Services
Website: https://kamyabi.site
Email: contact@kamyabi.site
Address: C-Block, Wapda Town, Lahore, Pakistan