Our Office

Paseo de la Castellana 89

28046 Madrid, Spain

+34917111234

info@willow-hea-rt.com

Terms and Conditions

These Terms and Conditions constitute a legally binding agreement between you and Willowheart regarding your use of our website and services. By accessing our website or engaging our services, you accept and agree to be bound by these terms. Please review them carefully.

Effective date: November 20, 2025

1. Legal Agreement and Binding Nature

By accessing or using the Willowheart website and services, you enter into a binding legal agreement with Willowheart. This agreement applies to all users, visitors, and anyone who accesses our services in any capacity.

If you do not agree with any part of these Terms and Conditions, you must not access or use our website or services. Your continued use constitutes acceptance of these terms and any subsequent modifications.

These terms should be read in conjunction with our Privacy Policy, Cookie Policy, and any specific service agreements you enter into with Willowheart.

2. User Obligations and Responsibilities

2.1 Compliance with Laws

You agree to comply with all applicable local, national, and international laws and regulations when using our website and services. This includes but is not limited to:

  • Intellectual property laws and copyright regulations
  • Privacy and data protection legislation
  • Export control and trade compliance laws
  • Consumer protection and commercial laws
  • Gaming and entertainment industry regulations

2.2 Accuracy of Information

When providing information to Willowheart, you agree to:

  • Provide truthful, accurate, and complete information
  • Update information promptly when it changes
  • Not impersonate any person or entity
  • Not misrepresent your affiliation with any organization
  • Not provide false or misleading project specifications

2.3 Responsible Conduct

You agree to conduct yourself responsibly when using our services. You will not:

  • Use our services for any unlawful or fraudulent purpose
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our services or infrastructure
  • Harass, threaten, or harm others
  • Transmit spam, malware, or harmful code
  • Collect or harvest user data without permission
  • Violate the rights of others, including privacy and intellectual property rights

2.4 Indemnification

You agree to indemnify and hold harmless Willowheart, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use or misuse of our services
  • Your violation of these Terms and Conditions
  • Your violation of any third-party rights
  • Your breach of any applicable laws or regulations
  • Any content or information you provide to us

2.5 Age Requirements

Our services are intended for users who are at least 18 years of age. If you are under 18, you may use our services only with the involvement and consent of a parent or legal guardian. By using our services, you represent that you meet these age requirements.

3. Content Guidelines and Restrictions

3.1 Prohibited Content

You may not submit, upload, or transmit content that:

  • Infringes intellectual property rights of others
  • Contains unlawful, harmful, or offensive material
  • Includes personal information of others without consent
  • Promotes illegal activities or violence
  • Contains viruses, malware, or malicious code
  • Violates privacy or confidentiality obligations
  • Is deceptive, fraudulent, or misleading

3.2 Content Ownership and License

When you submit content to Willowheart (such as project briefs, designs, or feedback), you:

  • Retain ownership of your original content
  • Grant us a license to use that content for providing our services
  • Warrant that you have rights to share the content
  • Agree that we may use feedback for service improvement

3.3 Content Moderation

We reserve the right to review, monitor, and remove content that violates these terms or is otherwise objectionable. However, we are not obligated to monitor all content and are not responsible for user-submitted content.

4. Disclaimers and Limitation of Liability

4.1 Service Disclaimers

NO WARRANTY: Our website and services are provided "as is" and "as available" without warranties of any kind, whether express or implied. We disclaim all warranties, including:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties of non-infringement
  • Warranties regarding accuracy, reliability, or completeness
  • Warranties of uninterrupted or error-free service

4.2 Limitation of Liability

LIMITED LIABILITY: To the maximum extent permitted by applicable law, Willowheart shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Loss of use, goodwill, or reputation
  • Service interruptions or technical failures
  • Third-party actions or content

Our total liability for any claim shall not exceed the amount paid by you for the specific service that gave rise to the claim, or €100 if no payment was made.

4.3 Exclusions of Damages

We are not liable for damages arising from:

  • Your use or inability to use our services
  • Unauthorized access to your data or communications
  • Errors, mistakes, or inaccuracies in content
  • User conduct or content
  • Events beyond our reasonable control

4.4 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, wars, terrorism, labor disputes, government actions, internet failures, or other force majeure events.

4.5 Project Success Disclaimer

While we strive to deliver high-quality game development services, we make no guarantees regarding the commercial success, player reception, or market performance of any games developed. Success depends on numerous factors beyond our control, including market conditions, marketing efforts, and player preferences.

5. Third-Party Services and Links

5.1 Third-Party Links

Our website may contain links to third-party websites or services. These links are provided for convenience only. We do not endorse or take responsibility for:

  • The content of third-party websites
  • Privacy practices of external sites
  • Products or services offered by third parties
  • Accuracy of third-party information

Your use of third-party websites is at your own risk and subject to their terms and conditions.

5.2 Third-Party Services

We may use third-party service providers to facilitate our services. These providers operate under their own terms and privacy policies. We are not responsible for the actions or policies of these third parties.

5.3 Integration and Compatibility

While we may integrate with or reference third-party platforms and services, we do not guarantee compatibility or continued availability of such integrations. Third-party services may change or discontinue without notice.

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

By using our services, you acknowledge that you have read and understood our Privacy Policy and consent to our data practices as described therein.

We implement reasonable security measures to protect your information, but no method of transmission or storage is completely secure. You acknowledge the inherent security risks of internet communications.

7. Legal Information and Dispute Resolution

7.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Spain, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

7.2 Jurisdiction

Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts of Madrid, Spain. By using our services, you consent to the personal jurisdiction of these courts.

7.3 Dispute Resolution Procedures

Before initiating legal proceedings, the parties agree to:

  • Notify the other party in writing of the dispute
  • Attempt to resolve the matter through good faith negotiations
  • Consider mediation as an alternative to litigation
  • Maintain confidentiality during dispute resolution

7.4 Waiver of Class Actions

To the extent permitted by law, you agree to bring claims against Willowheart only in your individual capacity and not as part of any class or representative action. You waive any right to participate in class action lawsuits against us.

7.5 Severability Clause

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

7.6 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Willowheart regarding our services and supersede all prior agreements and understandings.

7.7 No Waiver

Our failure to enforce any right or provision of these terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Willowheart.

8. Terms Modification Policy

We reserve the right to modify, amend, or update these Terms and Conditions at any time. When significant changes are made, we will:

  • Update the "Effective Date" at the top of this page
  • Provide notice through our website or via email
  • Allow a reasonable period before changes take effect

Your continued use of our services after the effective date of any modifications constitutes your acceptance of the updated terms. If you do not agree to the modified terms, you must discontinue use of our services.

For material changes that affect your rights, we may require explicit acceptance before you can continue using certain services.

9. Assignment and Transfer

You may not assign, transfer, or delegate your rights or obligations under these Terms and Conditions without our prior written consent. Any attempted assignment in violation of this provision is void.

We may freely assign or transfer our rights and obligations under these terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. We will notify you of any such assignment that materially affects your rights.

Questions About Terms and Conditions

If you have questions, concerns, or need clarification regarding these Terms and Conditions, please contact us through our contact page. We're available to discuss how these terms apply to your specific situation and address any concerns you may have.

For legal matters, you may also write to us at the address provided at the top of this page.