Terms and Conditions

These Terms and Conditions govern access to and use of Scene Fusion and Reactor Multiplayer Engine products provided by KinematicSoup Technologies Inc. By downloading, installing, accessing, or using the Software, you agree to be bound by this Agreement.

1. Definitions

• Account — User credentials and associated profile for accessing the Software
• Documentation — User guides, technical manuals, and online help
• Licensed Platform — Game engines, services, or environments with a valid KinematicSoup license
• Confidential Information — Non-public information including technical data, trade secrets, and business plans

2. License Grant

KinematicSoup grants a limited, non-exclusive, non-transferable, non-sublicensable license to use the Software on Licensed Platforms and develop applications incorporating it.

Self-Hosting Permission: You may deploy the Software on your own servers for up to 32 concurrent players per instance at no cost, provided you comply with all Agreement terms and do not redistribute or resell the Software.

3. Account Obligations

• Provide complete and accurate registration information
• Safeguard your Account credentials and do not share them
• Do not attempt unauthorized access to other accounts or KinematicSoup systems

4. Acceptable Use Restrictions

Prohibited activities include:

• Cryptocurrency mining, password cracking, or denial-of-service attacks
• Creating unlawful, defamatory, or infringing content
• Reverse-engineering or attempting to derive source code
• Modifying, creating derivative works, or redistributing the Software
• Hacking or testing server vulnerabilities
• Exploiting security vulnerabilities (except responsible disclosure to bugs@kinematicsoup.com)
• Using the Software on unlicensed platforms
• Trademark misuse

5. Fees, Payment & No Refunds

Except for the self-hosting permission noted above, Software use may require payment of License Fees. All payments made for licenses are non-refundable unless otherwise stated in a separate written agreement with KinematicSoup.

6. Confidentiality

Each party agrees to hold the other's Confidential Information in strict confidence using reasonable care. Obligations do not apply to publicly known information, information rightfully received from third parties, independently developed information, or information required by law to be disclosed. This section survives termination.

7. Support & Maintenance

KinematicSoup does not provide guaranteed support, maintenance, or updates unless expressly specified on the product page. Any provided support is offered "AS IS."

8. Promotional Rights

You grant KinematicSoup a perpetual, royalty-free, worldwide, non-exclusive license to use your publicly available promotional materials for marketing purposes.

9. Data Protection & Privacy

KinematicSoup may collect and use anonymous or aggregated usage statistics for product improvement. You retain all rights to your game data and player data. KinematicSoup will implement reasonable technical measures and notify you of data breaches affecting personal data within 72 hours of discovery.

10. Export Controls & Compliance

Both parties must comply with export and import laws, including U.S. Export Administration Regulations and International Traffic in Arms Regulations.

11. Audit Rights

KinematicSoup may audit your records once annually with 30 days' notice to verify licensing compliance. Any under-payments must be paid promptly with applicable interest.

12. Assignment & Subcontracting

You cannot assign this Agreement without written consent. KinematicSoup may assign or subcontract.

13. Third-Party Components

The Software may include open-source or third-party components with their own license terms. KinematicSoup disclaims warranties for third-party components beyond their respective licenses.

14. Service Level Agreement

KinematicSoup's SLA is available at kinematicsoup.com/legal/sla and is incorporated by reference.

15. Notices

All notices must be in writing sent to legal@kinematicsoup.com for KinematicSoup, or to the customer's registered email address. Notices are deemed received one business day after sending.

16. Dispute Resolution

Disputes shall be resolved through binding arbitration under the rules of the International Chamber of Commerce (ICC) in English, with arbitration in Vancouver, BC. Either party may seek injunctive relief in court for intellectual property protection.

17. Taxes

All fees exclude taxes. You are responsible for sales, use, VAT, GST, and similar taxes, except those based on KinematicSoup's net income.

18. Feedback & Improvements

You grant KinematicSoup a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate your feedback without restriction.

19. Termination

• KinematicSoup may suspend or terminate immediately upon breach or non-payment
• Upon termination, all rights cease and you must uninstall the Software
• Sections 6, 18, 20, 21, 22, and 23 survive termination

20. Intellectual Property

KinematicSoup retains all title and intellectual property rights in the Software and Documentation. This Agreement does not transfer such rights.

21. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

22. Limitation of Liability

KinematicSoup is not liable for indirect, incidental, special, consequential, or punitive damages. Liability is limited to the License Fees paid by you in the six (6) months preceding the claim.

23. Indemnification

You agree to indemnify KinematicSoup for claims arising from your breach, violation of law, or content you create or distribute.

24. Miscellaneous

• Governed by British Columbia law and Canadian law
• Exclusive jurisdiction in Vancouver courts
• Force majeure applies to uncontrollable delays
• Severability clause ensures remaining provisions survive invalidity
• Electronic acceptance via checkbox constitutes a binding agreement
• No oral modifications; only written amendments signed by both parties apply
• Constitutes the entire agreement along with any Order Forms and the SLA

Contact

KinematicSoup Technologies Inc.
Email: legal@kinematicsoup.com