Welcome to Nivafy’s Game Developer’s Hub (“Hub”). These Terms and Conditions (“Terms”) govern your access to, and use of the Hub provided by Nivafy (“Company,” “we,” “us,” or “our”). By accessing or using the Hub, you agree to be bound by these Terms.

Game Submission and Porting

• Eligibility: The Hub is open to game developers who wish to submit their games to be considered for porting onto the Nivafy platform. By submitting your game, you represent and warrant that you have the necessary rights, licenses, and permissions to submit and distribute the game.
• Game Review and Porting: We will review your submitted game for security and compatibility within a reasonable timeframe, typically within one week. If your game meets our criteria, we may proceed with porting it onto the Nivafy platform. However, we reserve the right to reject any game submission at our discretion.
• Revenue Opportunities: By porting your game onto the Nivafy platform, you may have the opportunity to generate revenue through the sale of in-game non-fungible tokens (NFTs) in the Nivafy marketplace. The revenue generated from these sales will be shared with you, as outlined in the revenue sharing agreement between you and Nivafy.

Intellectual Property Rights

• Ownership: You retain ownership of your game and any associated intellectual property rights. By submitting your game to the Hub, you grant Nivafy a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and distribute your game for the purpose of porting and making it available on the Nivafy platform.
• NFTs: You have the option to create and sell in-game NFTs, such as game items and characters, through the Nivafy marketplace. By creating and selling NFTs, you grant Nivafy a non-exclusive, worldwide, royalty-free license to display, market, and distribute the NFTs on the Nivafy platform. See our Terms of Service NFTs

Revenue Sharing

• Revenue Allocation: Nivafy will allocate a portion of the revenue generated from the sale of in-game NFTs to you, as the game developer, as outlined in the revenue sharing agreement between you and Nivafy. The specific terms and percentages will be detailed in the agreement.
• Payment: Nivafy, will make reasonable efforts to provide timely and accurate payments for your share of the revenue generated from NFT sales. The payment terms and schedule will be outlined in the revenue sharing agreement.

Game Visibility and Promotion

• Game Visibility: Nivafy, will strive to provide visibility and exposure to games featured on its platform. However, we do not guarantee any specific level of visibility or promotion for your game.
• Marketing and Promotion: Nivafy, may undertake marketing and promotional activities to promote the games on its platform, including but not limited to featuring games in newsletters, social media posts, or other marketing materials. However, such marketing and promotion are at the discretion of Nivafy and are not guaranteed.

Security and Compliance

• Game Security: We prioritize the security of games on our platform. We will review your game to ensure it meets our security standards. However, we do not guarantee that your game will be completely secure or free from vulnerabilities or unauthorized access. You are responsible for ensuring the security and integrity of your game and implementing appropriate security measures.
• Compliance with Laws: By submitting your game to the Hub and making it available on the Nivafy platform, you represent and warrant that your game complies with all applicable laws, regulations, and industry standards. You are solely responsible for ensuring that your game does not infringe upon the intellectual property rights of others, violate any third-party rights, or contain any illegal or objectionable content.

Modifications to Games and Terms

• Game Modifications: Nivafy, may modify, adapt, or make technical changes to your game for the purpose of porting it onto the platform. We will make reasonable efforts to ensure that such modifications do not materially affect the gameplay or core elements of your game without your prior consent.
• Changes to Terms: Nivafy, reserves the right to modify or update these Terms at any time. Any changes will be effective upon posting the revised Terms on the Hub. It is your responsibility to review the Terms periodically for any updates. Your continued use of the Hub after the changes constitutes your acceptance of the modified Terms.

Termination

• Termination by You: You may terminate your participation in the Hub at any time by notifying Nivafy in writing. Upon termination, your game may be removed from the Nivafy platform, subject to any applicable rights and obligations.
• Termination by Nivafy: Nivafy reserves the right to terminate your participation in the Hub, remove your game from the platform, or suspend your access to the Hub at any time for any reason, including but not limited to violations of these Terms, intellectual property infringement, or non-compliance with applicable laws.

Limitation of Liability

To the maximum extent permitted by applicable law, Nivafy and its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Hub or any game featured on the Nivafy platform.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of The United States of America. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of California State, USA.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

All Terms and Conditions Governing the Platform

All other Terms and Conditions and Terms of Service NFTs also apply to this agreement.