1. Website use and project agreements
These terms explain use of the Darkbeast Games website and the commercial conditions we propose for business production engagements. Darkbeast Games is a trading brand of Ben Aroya Group, Dubai, United Arab Emirates. The exact legal supplier, registration details and authorised contracting contact must be identified in the relevant proposal or agreement before a paid engagement begins.
Browsing the website or submitting an enquiry does not order paid work, accept a production proposal, reserve a team or create a payment obligation. The project conditions below apply to a particular engagement only when expressly incorporated into a signed or otherwise expressly accepted agreement. A negotiated Master Services Agreement, Statement of Work or other accepted project agreement takes precedence over inconsistent website wording.
These project conditions are intended for business-to-business services. They do not exclude consumer protections or other mandatory rights where those rights apply. A later change to this website does not automatically amend an existing project contract. The parties should retain the accepted version and record changes in writing.
3. Scope, deliverables and responsibilities
An agreed Statement of Work should identify game systems, content quantities, target platforms, engine and technology choices, source-code deliverables, test requirements, documentation, production phases and exclusions. Reference games communicate direction; they do not authorise copying protected content or imply that every feature of a reference title is included.
The agreement should allocate responsibility for publishing accounts, platform-holder access, third-party licences, store submissions, localisation, payment services, moderation, player support, marketing and hosting. Console access, certification, store approval and third-party service availability remain subject to their respective owners' processes.
Only expressly included work is covered by the agreed fee. New platforms, changed creative direction, additional content, changed integration requirements and changes after an agreed milestone may require a written change request. The parties should approve the price and schedule effect before additional work proceeds.
4. Client inputs, approvals and scheduling
The client should provide agreed materials, access, feedback and decisions by the dates in the production plan. The client remains responsible for the accuracy and lawfulness of its instructions and supplied materials, and for rights needed to use its trademarks, stories, characters, music, data and other IP.
A delay in client input, a third-party dependency or a requested suspension can affect the delivery sequence and resource availability. We will identify the effect and discuss a revised plan. Additional standby, remobilisation or rescheduling charges apply only as agreed in the contract or an approved change request; a delay alone does not permit an unspecified charge.
Dates are managed against stated assumptions and dependencies. Neither party should treat an informal estimate as an unconditional commitment. Material risks and proposed changes should be communicated promptly through the agreed project contacts.
5. Fees, invoices and funding
Every project is individually scoped. Currency, taxes, funding structure, payment dates, milestones and third-party costs belong in the accepted agreement. A budget selected on the enquiry form is an indication of intended scale, not acceptance of a quoted price. Work may be scheduled subject to the agreed commencement payment and required client inputs.
Production advances, milestone funding and recurring production periods can have different cancellation consequences. Any minimum production commitment or non-cancellable third-party purchase must be expressly identified before acceptance. Work should not be described as a monthly commitment if the commercial agreement only establishes a fixed-price milestone.
Invoice concerns should be raised promptly with sufficient details to investigate. Undisputed sums remain payable under the agreement. Suspension for overdue amounts, any interest and collection costs must follow the contract and applicable law, including any required notice. We do not claim a right to impose unspecified penalties.
6. Cancellation: one calendar month's written notice
For a monthly or continuing production engagement that expressly incorporates these conditions, the client must give at least one calendar month's written notice to cancel for convenience. Notice must clearly identify the project, the decision to cancel and the requested end date, and be sent to the contractual notice address or agreed project contact. If those channels are unavailable, use the general contact form and select Existing project or Legal, retaining the submission confirmation.
The notice period starts when valid notice is received through the agreed channel, not when we choose to approve it. One calendar month runs to the corresponding date in the following month; if that month has no corresponding date, it runs to that month's final day. For example, notice received on 15 September ordinarily takes effect no earlier than 15 October. An acknowledgement helps evidence receipt but is not an additional condition allowing notice to be delayed indefinitely.
During the notice period, the agreed production commitment and payment obligations continue unless the parties agree otherwise in writing. A request to stop using or reviewing work does not by itself waive fees for work provided or resources expressly committed under the agreement. We will discuss an orderly wind-down, remaining tasks and handover.
Cancellation for convenience differs from termination for a material breach or a mandatory legal right. This notice provision does not remove a termination or refund remedy that applicable law or the accepted project agreement provides when the supplier is in breach.
7. Work underway and the active production month
Where a monthly production period has already begun and the agreement reserves that period's production capacity, the agreed fee for that active month remains payable in full on cancellation for convenience. This covers the month's agreed work and committed capacity; it is not an additional cancellation fee. The agreement must define the billing period and monthly fee before work starts.
Work or committed capacity during the remaining notice period is also chargeable under the agreed schedule. An overlap with the already-charged active month must not be billed twice. If notice ends partway through a later monthly period, that later period is apportioned to the notice end date unless a different minimum period or commitment was expressly agreed in advance and is lawful.
For a fixed-price or milestone project, the final account instead follows its accepted payment and termination provisions, including completed deliverables, authorised work in progress and documented non-cancellable commitments. A full-month charge is not automatically imposed on a project that has no agreed monthly production structure.
We will itemise the closing account so that completed work, the active production period, any remaining notice-period amount and approved outside commitments can be distinguished. Amounts already paid are credited against the applicable charges.
8. Completed work and refunds
Fees earned for work already provided or performed are non-refundable when the client cancels for convenience, changes direction, elects not to launch, declines to use an otherwise conforming deliverable or changes its commercial plans. An accepted monthly capacity commitment can also remain payable as set out above even if the client elects not to use all of that capacity.
This does not make every advance payment automatically non-refundable. After cancellation, we reconcile payments against amounts properly due for completed work, authorised work in progress, agreed production commitments and documented non-cancellable costs. Any remaining unearned balance is refunded or credited as agreed and as required by applicable law. Work or capacity cannot be charged twice through overlapping categories.
Nothing in these terms removes a legally required refund, price reduction, repair, re-performance or other remedy for deficient services, supplier breach or a mandatory cancellation right. A dispute about quality will be assessed against the accepted scope, acceptance criteria, evidence and applicable law, rather than dismissed solely because a payment was described as non-refundable.
9. Delivery, review and acceptance
Each milestone should specify the build or materials to be delivered, objective acceptance criteria, review period, test environment and process for reporting a material non-conformity. The client should provide a consolidated response identifying the requirement not met and reproducible evidence where appropriate. Preference changes and additional features are handled separately from defects against the agreed scope.
Any deemed-acceptance mechanism, remediation period, warranty period or post-acceptance support obligation must be stated in the accepted contract. This website alone does not establish that silence means acceptance. Release approval should identify a specific build, remaining known issues and the party responsible for publishing or deployment.
No software can be promised to be entirely free of defects. Testing, performance targets, device coverage, load assumptions and supported versions should be agreed expressly. Live operations and ongoing support are separately scoped unless included in the original engagement.
10. Intellectual property and handover
The project agreement determines ownership of original deliverables, licence rights, transfer conditions and source-code handover. An assignment can be conditional on payment of the fees to which it relates where agreed and lawful. Pre-existing studio tools, general methods and reusable libraries are not automatically assigned; the client needs an appropriate licence to any such materials embedded in its deliverables.
Third-party engines, middleware, plugins, assets, open-source software, fonts and platform SDKs remain subject to their own licences. Their inclusion does not mean the studio can transfer ownership of them. The parties should maintain a licence schedule and identify recurring fees, seat restrictions, attribution obligations and any client accounts needed after handover.
The client retains rights in materials it supplies and grants only the permission needed for the engagement. Publication of confidential client work, names, logos or results requires appropriate permission. Studio participation in game receipts or IP, if proposed, must be separately defined and expressly agreed; it is not an automatic interest in the client's company.
11. Portfolio and project publicity
Where these conditions are expressly incorporated into the project agreement, the client grants Darkbeast a non-exclusive, worldwide, royalty-free right to identify the client and project and to display the games and other work created under that engagement in the studio portfolio, website, showreels, social channels, award submissions and private business-development presentations. This permission covers reasonable use of project titles, client names and logos, screenshots, artwork and short video excerpts to accurately describe the studio’s contribution.
Public display may begin after the client or authorised publisher has publicly released or announced the relevant materials. Unreleased content requires prior written permission. Any agreed NDA, confidentiality restriction, publicity clause, embargo or platform-holder restriction takes precedence. Private presentations do not create an exception allowing disclosure of confidential material.
The right is limited to material the client owns or is authorised to license for this purpose. It does not authorise publication of source code, credentials, personal information, confidential business information or third-party material outside the applicable licence. The studio will not imply that it created work outside its actual contribution or that the client endorses unrelated services.
The permission survives project completion or termination to the extent agreed and lawful. The client may request a correction or raise a confidentiality, rights or security concern through the agreed project contact; the parties will promptly address a substantiated issue. Any project requiring no public attribution should record that exception in the agreement before commencement.
This website clause does not retrospectively grant rights over an existing engagement. Those rights depend on its accepted contract and any separate permission.
12. Confidentiality and personal information
Confidentiality obligations should be documented in an NDA or the project agreement before sensitive materials are exchanged. A standard website enquiry is not itself an executed NDA. Confidential materials should be shared through agreed channels and only with people authorised for the relevant purpose.
The privacy notice explains website and enquiry information. If production involves player information or processing personal data on the client's behalf, the parties should establish their roles, instructions, security requirements, sub-processors, international transfers, retention and incident cooperation in an appropriate data-processing agreement before that processing begins.
Neither cancellation nor a fee dispute removes confidentiality obligations or mandatory data-protection responsibilities. Handover and deletion arrangements must respect those duties as well as lawful record-retention requirements.
13. Suspension, termination and continuity
Material breach, serious security concerns, unlawful instructions or non-payment may justify suspension or termination under the accepted contract and applicable law. The agreement should specify notice, any reasonable cure period, emergency exceptions and the effect on fees. A suspension should be proportionate to the issue and communicated where permitted.
On termination, the parties should agree a record of completed and outstanding work, final invoices, repository and build handover, credentials transfer, licence responsibilities, remaining support and the return or deletion of confidential information. Access should be revoked in a controlled way without deleting materials that must be retained or delivered under the agreement.
Events outside reasonable control may affect delivery. The affected party should notify the other, explain the expected impact and take reasonable steps to reduce disruption. A prolonged interruption and its financial consequences should be handled under the project's force-majeure and termination clauses; force majeure does not automatically convert unearned payments into earned fees.
14. Permitted website use
You may view the site and use its contact facilities for lawful enquiries. Do not attempt unauthorised administrative access, interfere with service availability, introduce malicious code, submit impersonated enquiries, bypass access controls or collect personal information from the site unlawfully. Good-faith security reports should use the general contact form without exposing other users' information.
Website text, original artwork, design and branding are protected by applicable intellectual-property law. Viewing a portfolio image does not grant a licence to use it in another product, advertisement or training dataset. Limited quotation or other use permitted by law remains unaffected. Third-party names and logos identify relevant technologies or platforms and remain the property of their owners; their display does not imply endorsement or official partnership.
External sites and services operate independently. We do not control their availability, terms, security or content. We may maintain, update or withdraw website features and correct errors, subject to obligations already agreed under a separate contract.
15. Responsibility and limitations
We do not guarantee sales, downloads, player retention, publisher investment, profitability, search ranking, platform certification or approval by a third party. Decisions to commission, fund, market or launch a game remain commercial decisions requiring the client's own assessment. Website articles are general information rather than legal, tax or investment advice.
For a paid engagement, any financial liability cap, excluded category of loss, indemnity and insurance requirement must be expressly agreed and assessed against applicable law. This website does not silently impose an unlimited client indemnity or invent a negotiated liability cap. Each party remains responsible to the extent required by law and the accepted agreement.
Nothing here excludes liability that cannot lawfully be excluded, including fraud and any applicable mandatory protection relating to personal injury, gross fault, consumer services or data protection. Limitations must be read subject to those requirements; an invalid provision does not expand the remaining limitations beyond what the law permits.
16. Notices, disputes and updates
Operational queries can be sent through the contact page. Formal project notices should use the address and method identified in the accepted agreement. Privacy requests can use the separate general enquiry form without providing commercial project details. Keep copies of important notices, submitted messages and acknowledgement records.
The contracting entity, governing law and dispute forum must be specified in the project agreement. A Dubai brand location alone should not be treated as a complete jurisdiction clause. Mandatory rights and the authority of a competent court or regulator remain unaffected. The parties should first attempt a practical resolution through their authorised representatives unless urgent relief or a legal deadline requires otherwise.
We may update website terms prospectively and show the revised date. Amendments to an existing engagement require the process agreed in that contract. A failure to exercise a right immediately does not automatically waive it, and any unenforceable provision should be treated in accordance with applicable law without invalidating unrelated lawful provisions.
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