These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and SoftD Digital Ltd., operating as SoftD.xyz ("Company," "we," "our," or "us"), governing your use of our website at https://softd.xyz and all game development services we provide. By submitting an order, signing a project agreement, or using our services, you agree to be bound by these Terms.
SoftD.xyz provides professional game development services including but not limited to: 2D and 3D game development, mobile game development, Unity and Unreal Engine development, multiplayer game systems, AR/VR game development, game UI/UX design, QA testing, game publishing support, and related digital services. The specific scope, deliverables, timeline and pricing for each project are defined in a separate Project Agreement ("Agreement") signed by both parties.
Submitting an order form on our website does not constitute a binding contract. A project begins only after:
We reserve the right to decline any project at our discretion without obligation to provide a reason.
Unless otherwise specified in the Project Agreement, payments are structured as follows:
All prices are in USD unless otherwise agreed. Payments are non-refundable except as outlined in our Refund Policy. Late payments (more than 7 days past due) may result in work suspension. Payments 30+ days overdue incur a 1.5% monthly late fee.
Client Ownership: Upon receipt of all payments in full, the Client receives complete ownership of all custom-developed code, game assets, art, animations and other deliverables created specifically for their project.
Third-Party Assets: Any third-party assets (Unity Asset Store, licensed fonts, stock audio, middleware) remain subject to their respective licenses. We will clearly disclose all third-party components used in your project.
SoftD.xyz Retained Rights: We retain ownership of our internal tools, frameworks, engines, libraries and processes developed independently of Client projects. We may re-use generic code components and development patterns across projects, provided no Client-specific proprietary information is included.
Portfolio Usage: We may include your game in our portfolio and case studies unless you request otherwise in writing. We will never share unreleased game concepts, source code or confidential business information publicly.
The Client agrees to:
Each project includes a defined number of revision rounds as specified in the Agreement. Revisions within the agreed scope are included at no extra charge. Changes that expand the original scope ("scope creep") will be quoted separately as change orders. Significant scope changes may affect the delivery timeline. All scope changes must be approved in writing by both parties.
Estimated delivery timelines are provided in good faith based on project scope at the time of the Agreement. Timelines may be affected by: delays in Client feedback or asset delivery, approved scope changes, third-party API/service changes, or force majeure events. We will notify the Client promptly of any anticipated delays. SoftD.xyz shall not be liable for consequential damages arising from delivery delays.
Both parties agree to keep confidential any proprietary information shared during the project. SoftD.xyz will not disclose your game concept, business plans, source code or any sensitive project information to third parties. Clients may request a separate Non-Disclosure Agreement (NDA) before the discovery call — we are happy to sign NDAs at no charge.
SoftD.xyz warrants that:
THE SERVICES ARE PROVIDED "AS IS" BEYOND THE WARRANTIES ABOVE. WE DO NOT WARRANT COMMERCIAL SUCCESS, SPECIFIC REVENUE OUTCOMES, APP STORE APPROVAL, OR PLAYER ENGAGEMENT RESULTS.
To the fullest extent permitted by law, SoftD.xyz's total liability for any claim arising under these Terms shall not exceed the total amount paid by the Client for the specific project giving rise to the claim. We shall not be liable for indirect, incidental, consequential, special or punitive damages, including lost profits or data loss, even if advised of the possibility of such damages.
By Client: The Client may terminate the project at any time. Payments already made are non-refundable. Any work completed up to the termination date will be delivered upon receipt of payment for work done.
By SoftD.xyz: We may terminate the Agreement if the Client fails to make payments, provides false information, requests illegal or infringing content, or materially breaches these Terms. In such cases, we will refund fees for incomplete milestones at our discretion.
You may not use our services to develop games or content that:
These Terms shall be governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in San Francisco, CA under the rules of the American Arbitration Association. The prevailing party shall be entitled to reasonable attorney's fees.
We reserve the right to modify these Terms at any time. Changes take effect immediately upon posting. For active project clients, changes will be communicated by email and take effect 30 days after notification. Continued use of our services constitutes acceptance of modified Terms.
For questions regarding these Terms, contact us at: