Terms and Conditions

I. Introduction

GameFlow is a Software as a Service (SaaS) platform designed to enable multiplayer game developers to deploy server infrastructure, matchmaking services, and skill rating systems. These Terms and Conditions (hereinafter, the “Terms”) regulate the legal relationship between GameFlow LLC, a limited liability company organized and existing under the laws of the State of Delaware, United States of America, and operating from the Republic of Costa Rica (hereinafter, the “Platform”), and the natural or legal person who uses the services (hereinafter, the “Client”).

Because the Platform is incorporated in Delaware and operated from Costa Rica, these Terms are intended to comply with, and shall be construed consistently with, the laws of both jurisdictions. Where a mandatory provision of one jurisdiction conflicts with these Terms, that provision shall prevail only as to the Client to whom it mandatorily applies, and the remainder of these Terms shall continue in full force.

By registering, integrating our API, or using any tools connected to the platform, the Client manifests that they have read, understood, and accept being legally bound by these Terms. If the Client acts on behalf of a company, they confirm having sufficient legal capacity to bind that entity.

II. Services Provided by GameFlow

2.1. Description of Services

GameFlow provides technological tools for Matchmaking, Skill Rating, and Game Server Hosting. The modality of these services (free, subscription-based, or pay-as-you-go) and their technical limits (processing capacity, bandwidth, concurrent users) shall be governed by the pricing plan accepted by the Client at the time of contracting.

2.2. Interdependence of Third-Party Services

The Client acknowledges and accepts that, for the provision of its services, the Platform utilizes infrastructure and services provided by third parties (including, but not limited to, cloud service providers such as AWS, Google Cloud, or Azure).

While the Platform commits to exercising due diligence and maintaining continuous maintenance for correct system functioning, it does not guarantee uninterrupted availability (100% uptime). The Platform shall not be responsible for failures, server outages, or data loss resulting from errors in third-party services, denial-of-service (DDoS) attacks, force majeure events, or acts beyond its reasonable control.

2.3. Integration and Content Responsibility

The Platform enables integration of the backend with videogames developed by the Client through APIs or SDKs.

The Client bears sole responsibility for the programming, stability, and security of their own videogame. The Platform is not responsible for code errors (bugs), security vulnerabilities in the Client's software, or technical incompatibilities arising from integration.

The Platform acts solely as a technological intermediary. The Client guarantees that the content of their videogames does not infringe third-party intellectual property rights or contain unlawful material. The Client shall indemnify GameFlow against any judicial or extrajudicial claims related to their product content.

III. Platform Use Conditions

3.1. Account Creation

3.1.1 Credentials

To use the platform, the Client must create an account accepting these terms and conditions. Information such as username, email, and password are for the Client's private use, and they are solely responsible for their proper use.

3.1.2 Incident Reporting

In case of loss, theft, or unauthorized use of the account, the Client must notify GameFlow immediately. The Platform assumes no responsibility for damages or harm arising from improper account use by the Client or third parties authorized by them.

3.1.3 Legal Representation

If registration is made on behalf of a legal entity, the person executing the registration guarantees possession of sufficient representational authority to bind that entity. If lacking such authority, the registering party shall respond personally to their company and GameFlow for any damage or harm caused, indemnifying the Platform.

3.2 Game Server Upload

3.2.1 Content Responsibility

The Client declares and warrants that they possess all rights, licenses, and authorizations necessary regarding the videogame and its components (assets, source code, third-party libraries, music, etc.) for upload, execution, and distribution via the Platform.

3.2.2 Security

Uploading files or builds containing malware, malicious code, exploits, or components designed to compromise the Platform's security, other users, or third parties is prohibited.

3.2.2.1 Right of Inspection

GameFlow reserves the right to conduct technical audits or security scans on uploaded files. The Platform may immediately reject or delete any file that fails security verification, notifying the Client afterward.

3.2.3 Storage and Backup

GameFlow acts as an infrastructure service provider, not as a secure file storage service. The Client bears exclusive responsibility for maintaining updated backup copies of all files and builds. The Platform is not responsible under any circumstance for loss or corruption of data stored on its servers.

3.2.4 Platform Stability

The Client commits to not uploading builds that, due to programming or design errors, compromise the stability, integrity, or availability of GameFlow's shared infrastructure. The Platform reserves the right to suspend or limit resource consumption of any build generating disproportionate negative impact on the system.

IV. Prohibited Conduct

The Client commits to using the Platform ethically, legally, and in accordance with its technological purpose. The following is strictly prohibited and shall constitute grounds for immediate contract termination without liability for GameFlow:

4.1 Infrastructure Abuse and Security

4.1.1 Attacks and Breaches

Attempting or conducting denial-of-service (DDoS) attacks, vulnerability scanning, unauthorized penetration testing, or any action seeking to degrade or interrupt server availability of the Platform or other users.

4.1.2 Malware Distribution

Using infrastructure to host, distribute, or execute viruses, trojans, worms, ransomware, or other malicious software.

4.1.3 Cryptoasset Mining

Using processing (CPU/GPU) and memory resources of hosting servers for cryptocurrency mining or computationally intensive activity unrelated to videogame execution is prohibited.

4.2. Legal Violations and Intellectual Property

4.2.1 Unlawful Content

Hosting videogames or content promoting violence, pornography, child sexual abuse material, racial hatred, discrimination, or any activity criminalized under Costa Rican law, under the laws of the State of Delaware and the federal law of the United States, or under applicable international treaties.

4.2.2 Copyright Infringement

Uploading builds or assets (music, 3D models, code) over which the Client does not possess intellectual property rights or proper usage licenses.

4.2.3 Impersonation

Accessing or attempting to access other users' accounts or assuming a false identity to obtain benefits or confidential Platform information.

4.3. Fraud and Service Misuse

4.3.1 Unauthorized Resale

Reselling, subleasing, or commercializing GameFlow's services to third parties without prior written agreement with the Platform.

4.3.2 Limit Circumvention

Attempting to circumvent technical restrictions, usage quotas, or pricing plan limits (e.g., creating multiple free accounts to evade payment).

4.3.3 Reverse Engineering

As stipulated in the Intellectual Property section, any attempt to decipher the internal logic of Matchmaking and Skill Rating algorithms is prohibited.

4.4 Consequences of Non-Compliance

Upon detection of any such conduct, GameFlow reserves the right to:

• Immediately and permanently suspend or cancel the Client's account.
• Delete infringing content without prior notice.
• Block IP addresses or domains associated with the offender.
• Cooperate with judicial and police authorities, providing necessary information for investigations.

V. Intellectual Property and Brand Use

5.1. Ownership of GameFlow

The Client acknowledges that the GameFlow Platform is a fully protected work with priority of use. The Platform's owners retain exclusive property over:

• Software and Algorithms: Source code, object code, Matchmaking algorithms, Skill Rating, and any technical development derived thereof.
• Documentation and Content: Usage manuals, texts, user interfaces (UI), and graphic elements.
• Databases: The structure and organization of the platform's databases, protected by sui generis copyright.

5.2. Protection of Brand and Distinctive Signs

The Client acknowledges that the GameFlow trade name and logo, although in process of consolidation or registration, are distinctive signs owned by the founders. Use of the platform does not grant the Client any rights over these signs.

Any use of the GameFlow brand in the Client's videogame advertising must be previously authorized.

The Client may not use GameFlow's trademarks, trade names, or logos for commercial purposes, advertising, or association without prior written Platform consent. Alteration, removal, or modification of any trademark or copyright notice embedded in the Platform's services or interfaces is prohibited.

5.3. Software License Grant to Client

GameFlow grants the Client a personal, limited, non-exclusive, non-transferable, and revocable software use license. This license permits the Client to use the platform solely for server management, matchmaking, and skill rating purposes for their own videogames.

This license does not constitute software sale. The Client has right to use the tool but does not acquire ownership of the source code or underlying logic. The following is strictly prohibited:

• Copying, duplicating, renting, selling, or distributing any platform component to third parties.
• Modifications: Altering, transforming, or creating derivative works based on GameFlow software.
• Attempting to decipher source code, decompile, or disassemble software for any purpose, including creation of competitive services.

5.4. License Usage Audit

GameFlow reserves the right to monitor license usage to verify compliance with these terms and ensure contracted technical limits (concurrent users, API consumption, etc.) are not exceeded.

5.5. License Revocation

Breach of any prohibitions in this section, or non-payment of corresponding fees, authorizes GameFlow to immediately revoke the use license, blocking backend access without indemnification right for the Client.

5.6. Client Content Rights

GameFlow acknowledges that the Client retains all copyright over source code, art, music, and narrative of their videogames uploaded to the Platform.

The Client grants GameFlow a technical, free, and worldwide license to host, reproduce, and transmit such content solely for purposes of providing contracted services (Hosting and Matchmaking).

VI. Customer Support, Complaints, or Inquiries

For customer support, complaints, or inquiries, GameFlow provides the following email address: team@gameflow.gg

VII. Problem Resolution

The Client accepts and acknowledges that any dispute, claim, or controversy related in any way to these Terms shall be governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-law principles, and by the federal law of the United States where applicable.

Nothing in this section deprives a Client domiciled in the Republic of Costa Rica of the protection of the mandatory provisions of Costa Rican law, including Law No. 7472 on the Promotion of Competition and Effective Consumer Protection and Law No. 8968 on the Protection of Persons against the Processing of Personal Data. As to such Clients, these Terms are additionally governed by the laws of the Republic of Costa Rica and the international conventions signed by that country, and the mandatory Costa Rican provision shall prevail to the extent of any conflict.

Subject to the Arbitration Agreement in Section VIII, the Client and the Platform submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware for any matter not subject to arbitration, except where a Client domiciled in Costa Rica is entitled by mandatory law to bring or defend an action before the courts of their domicile.

VIII. Arbitration Agreement

The Client agrees to submit any controversy or conflict against GameFlow to binding arbitration, before the forum corresponding to the Client's domicile:

• Clients domiciled in Costa Rica: arbitration at the Arbitration and Mediation Center (CAM) of the Costa Rican Bar Association, in accordance with its current regulations and rules, seated in San José, Costa Rica.
• All other Clients: arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator, seated in Wilmington, Delaware, United States, and conducted in English.

Both the Client and GameFlow expressly and unconditionally submit to the applicable arbitration procedure, accepting that the arbitral award shall be final and binding, with the same value and effect as a final court judgment, and enforceable in any court of competent jurisdiction, including under the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the New York Convention.

Arbitration shall be conducted on an individual basis. Neither party may bring claims as a plaintiff or class member in any class, consolidated, or representative proceeding. This waiver does not apply where it is prohibited by mandatory law applicable to the Client, and nothing in this section prevents either party from seeking injunctive relief before a competent court to protect its intellectual property rights or the security of the Platform.

IX. Applicable Law

The applicable law shall be the law of the State of Delaware and the federal law of the United States, together with Costa Rican law as provided in Section VII, including the following statutes:

9.1. Delaware and United States Law

• Delaware Limited Liability Company Act (6 Del. C. ch. 18)
• Delaware Uniform Trade Secrets Act (6 Del. C. ch. 20) and the federal Defend Trade Secrets Act (18 U.S.C. § 1836)
• Delaware Consumer Fraud Act (6 Del. C. ch. 25, subch. II)
• Delaware Uniform Electronic Transactions Act (6 Del. C. ch. 12A) and the federal E-SIGN Act (15 U.S.C. § 7001 et seq.)
• Delaware Computer Related Offenses statute (11 Del. C. § 931 et seq.) and the federal Computer Fraud and Abuse Act (18 U.S.C. § 1030)
• United States Copyright Act (17 U.S.C.), including the Digital Millennium Copyright Act (17 U.S.C. § 512)
• Lanham Act (15 U.S.C. § 1051 et seq.)
• Federal Arbitration Act (9 U.S.C. § 1 et seq.)
• Delaware Computer Security Breaches statute (6 Del. C. § 12B-100 et seq.)

9.2. Costa Rican Law

• Law for Protection of Persons against Processing of Personal Data, Law No. 8968
• Regulation to Law for Protection of Persons against Processing of Personal Data, Law No. 8968
• Law for Promotion of Competition and Effective Consumer Protection (No. 7472)
• Copyright and Related Rights Law in Costa Rica, Law 6683
• Regulation to Copyright and Related Rights Law in Costa Rica, Law 6683
• Trademark and Other Distinctive Signs Law
• Digital Signatures and Electronic Documents Law (No. 8454)

9.3. Copyright Infringement Notices (DMCA)

Notices of claimed copyright infringement under 17 U.S.C. § 512 may be sent to team@gameflow.gg. GameFlow will process valid notices and counter-notices in accordance with the Digital Millennium Copyright Act and may terminate the accounts of repeat infringers.

9.4. Severability

If any provision of these Terms is held invalid or unenforceable under the law of either jurisdiction, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.