TERMS OF SERVICE

Ducknest Games

Last Updated: January 8, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Player," "you," or "your") and Ducknest Games ("we," "us," or "our") governing your access to and use of our video games ("Games"). By purchasing, downloading, installing, or playing any of our Games, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE, DOWNLOAD, INSTALL, OR PLAY OUR GAMES.

1. License Grant

1.1 Limited License

Subject to your compliance with these Terms, Ducknest Games grants you a limited, non-exclusive, non-transferable, revocable license to install and use our Games for your personal, non-commercial entertainment purposes. This is a license to use the software, not a sale of the software or any copy of it.

1.2 Ownership

Our Games, including all content, features, functionality, code, graphics, audio, and intellectual property rights therein, are and will remain the exclusive property of Ducknest Games and its licensors. These Terms do not grant you any ownership rights to our Games.

1.3 Restrictions

You agree not to:

•       Copy, reproduce, distribute, or publicly display our Games except as expressly permitted by these Terms

•       Reverse engineer, decompile, disassemble, or attempt to derive the source code of our Games, except where such restriction is prohibited by applicable law

•       Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on our Games

•       Use our Games for any commercial purposes without our express written permission

•       Rent, lease, lend, sell, or sublicense our Games

2. Purchase and Payment

2.1 Purchase Through Distribution Platforms

Our Games may be available for purchase through various distribution platforms (such as Steam, PlayStation Store, Xbox Store, Nintendo eShop, Epic Games Store, and others). All purchases are processed by the respective platform and are subject to that platform's terms of service and policies. We do not process or store any payment information.

2.2 Pricing and Additional Content

Prices for our Games and any additional content (such as downloadable content, expansions, or in-game purchases) are set by us and/or the distribution platform and may vary by region and platform. We reserve the right to modify pricing at any time. Some Games may include optional in-game purchases or additional paid content.

2.3 Refunds

Refund requests are subject to the refund policy of the distribution platform through which you purchased the Game. We have no control over refund decisions made by distribution platforms. Please refer to your platform's refund policy for details.

3. Online Features and Multiplayer

3.1 Online Gameplay

Some of our Games may include online or multiplayer features. These features may require an internet connection and a valid account with the distribution platform. We reserve the right to modify, suspend, or discontinue any online features at any time without notice.

3.2 Player Conduct

When participating in online gameplay, you agree to:

•       Treat other players with respect and courtesy

•       Not engage in harassment, hate speech, discriminatory behavior, or abusive conduct

•       Not use cheats, exploits, hacks, bots, or unauthorized third-party software

•       Not intentionally disrupt other players' gameplay experience

•       Not impersonate other players, developers, or platform representatives

•       Comply with all applicable laws and regulations

Violation of these conduct rules may result in warnings, temporary suspensions, permanent bans from online features, or termination of your license, at our sole discretion.

4. Modifications and User-Generated Content

4.1 Modding Policy

We welcome and encourage players to create modifications ("mods") for our Games where technically feasible. You are free to modify our Games for personal use and share your modifications with other players. However, you may not sell, monetize, or charge for mods, and mods must not infringe on any third-party intellectual property rights or violate applicable laws.

4.2 No Support or Warranty for Mods

We do not provide support for modified versions of our Games. Use of mods is at your own risk. We are not responsible for any issues, bugs, crashes, data loss, security vulnerabilities, or other problems caused by mods or user-generated content.

4.3 Rights to User-Generated Content

While you retain ownership of your original creative content in mods and user-generated content, by sharing such content publicly, you grant Ducknest Games a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, distribute, display, perform, and create derivative works from your content in connection with our Games and business operations.

5. Updates, Patches, and Support

5.1 Game Updates

We may release updates, patches, bug fixes, and new features for our Games from time to time. You understand and agree that we have no obligation to provide updates or continued support for any Game. Updates may be automatically downloaded and installed through the distribution platform.

5.2 Changes to Games

We reserve the right to modify, update, or discontinue any aspect of our Games, including features, content, and online services, at any time without notice or liability.

6. Disclaimer of Warranties

OUR GAMES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

•       Our Games will meet your requirements or expectations

•       Our Games will be uninterrupted, timely, secure, or error-free

•       Any errors or defects in our Games will be corrected

•       Our Games will be compatible with all hardware, software, or platforms

•       Online features will be available at all times or will continue indefinitely

You acknowledge that your use of our Games is at your sole risk. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DUCKNEST GAMES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR GAMES.

Our total liability to you for all claims arising from or related to any Game shall not exceed the amount you paid for that Game. If the Game was provided free of charge, our liability shall not exceed $50 USD. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless Ducknest Games, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

•       Your use or misuse of our Games

•       Your violation of these Terms

•       Your violation of any third-party rights, including intellectual property rights

•       Any mods or user-generated content you create or distribute

•       Your conduct in online or multiplayer features

9. Termination

9.1 Termination by You

You may terminate this license at any time by uninstalling and ceasing all use of our Games.

9.2 Termination by Us

We reserve the right to suspend or terminate your access to our Games or any online features at any time, with or without notice, for any reason, including but not limited to violation of these Terms, suspected fraudulent or illegal activity, or breach of player conduct rules.

9.3 Effect of Termination

Upon termination, all rights granted to you under these Terms will immediately cease. You must uninstall and delete all copies of our Games in your possession or control. Sections 1.2, 6, 7, 8, 10, 11, and 12 shall survive any termination of these Terms.

10. Third-Party Services and Platforms

Our Games may integrate with or be distributed through third-party platforms and services (such as Steam, PlayStation Network, Xbox Live, Nintendo eShop, Epic Games Store, and others). Your use of these platforms is governed by their respective terms of service and privacy policies. We are not responsible for the services, policies, actions, or any issues arising from these third-party platforms.

11. Intellectual Property

All trademarks, service marks, trade names, logos, and other intellectual property displayed in our Games are the property of Ducknest Games or their respective owners. You may not use these marks without our prior written permission or the permission of the respective owner.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the "Last Updated" date at the top of these Terms and, where appropriate, through in-game notifications or our website. Your continued use of our Games after any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our Games.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles.

13.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or our Games shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], or through the courts of [Your Jurisdiction], as we may elect in our sole discretion. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ducknest Games regarding our Games and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, pandemics, or internet service failures.

14.6 Export Control

Our Games may be subject to export control laws. You agree to comply with all applicable export and import laws and regulations.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Ducknest Games

Email: ducknestgames@gmail.com

Website: ducknestgames.com/contact

 

BY PURCHASING, DOWNLOADING, INSTALLING, OR PLAYING ANY DUCKNEST GAMES PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.