Terms of Service

Contact Information

Dual Play

4738 Convergence Street

Tech Triangle, Raleigh, NC 27601

Phone: +1 (919) 573-8246

Email: info@dual-play.com

Welcome to Dual Play. These Terms of Service govern your access to and use of our website, services, and related offerings. By accessing or using our services, you agree to be bound by these terms. Please read them carefully before proceeding.

If you do not agree with any part of these terms, you should not use our services. These terms constitute a legally binding agreement between you and Dual Play.

Last updated: November 10, 2025

Acceptance of Terms

By using our website or services, you represent that:

  • You are at least 18 years of age or have reached the age of majority in your jurisdiction
  • You have the legal capacity to enter into binding agreements
  • You will comply with all applicable laws and regulations
  • All information you provide is accurate, current, and complete

If you are accessing our services on behalf of a company or organization, you represent that you have the authority to bind that entity to these terms.

Service Description

Dual Play provides mobile-arcade hybrid game development services, including but not limited to:

Companion App Development

Mobile applications that extend arcade game experiences

Cross-Platform Progress Systems

Unified progression architectures across devices

Remote Arcade Access

Low-latency streaming technology solutions

Services are customized based on project requirements and are delivered according to mutually agreed specifications and timelines.

Acceptable Use Policy

When using our services, you agree to:

Permitted Uses

  • Access our website and services for legitimate business purposes
  • Provide accurate information when requesting services or information
  • Respect intellectual property rights of Dual Play and third parties
  • Comply with all applicable laws and regulations
  • Use our services in a manner that does not interfere with other users

Prohibited Uses

You agree not to:

  • Use our services for any unlawful or fraudulent purpose
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the integrity or performance of our services
  • Transmit viruses, malware, or other harmful code
  • Harvest or collect information about other users without permission
  • Impersonate any person or entity or misrepresent your affiliation
  • Use automated systems to access our services without authorization
  • Reverse engineer or attempt to extract source code from our services

Account Management

Account Security

If our services require account creation, you are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Ensuring your account information remains accurate and up to date

Account Termination

We reserve the right to suspend or terminate your access to our services if:

  • You violate these Terms of Service
  • You engage in fraudulent or illegal activities
  • Your actions harm or could harm other users or our business
  • We are required to do so by law

You may terminate your use of our services at any time by discontinuing access to our website and notifying us of your intent to cease using our services.

Service Availability and Modifications

Uptime and Maintenance

While we strive to maintain continuous availability of our website and services, we do not guarantee uninterrupted access. Our services may be temporarily unavailable due to:

  • Scheduled maintenance and updates
  • Technical difficulties or system failures
  • Circumstances beyond our reasonable control
  • Security measures or emergency procedures

We will make reasonable efforts to provide advance notice of scheduled maintenance when possible.

Service Modifications

We reserve the right to:

  • Modify, suspend, or discontinue any aspect of our services
  • Change features, functionality, or availability
  • Update our service offerings and pricing
  • Introduce new services or retire existing ones

We will provide reasonable notice of material changes that significantly affect your use of our services.

Geographic Restrictions

Our services are intended for use in jurisdictions where they are legal. We make no representation that our services are appropriate or available in all locations. Users accessing our services from locations where such access is illegal are responsible for compliance with local laws.

Intellectual Property Rights

Our Content

All content on our website, including but not limited to text, graphics, logos, images, software, and design elements, is the property of Dual Play or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from our content without express written permission.

Client-Generated Content

When you provide us with content, materials, or information in connection with our services:

  • You retain ownership of your intellectual property rights
  • You grant us a license to use such content to provide our services
  • You represent that you have the right to provide such content
  • You warrant that the content does not infringe third-party rights

Deliverables and Work Product

Ownership of work product and deliverables created through our services will be specified in individual service agreements. Unless otherwise agreed in writing, Dual Play retains ownership of any pre-existing intellectual property, tools, methods, or processes used in delivering our services.

Payment and Fees

Service fees and payment terms are established in individual service agreements. General payment principles include:

  • All prices are stated in United States Dollars (USD) unless otherwise specified
  • Payment terms and schedules are outlined in project agreements
  • Invoices are due within the timeframe specified in the agreement
  • Late payments may be subject to interest charges as permitted by law
  • We reserve the right to suspend services for non-payment

Service fees are based on project scope and requirements. Changes to project scope may result in adjusted fees, which will be communicated and agreed upon before implementation.

Confidentiality

We recognize that you may share confidential information with us during the course of our engagement. We commit to:

  • Maintaining the confidentiality of your proprietary information
  • Using confidential information only for providing our services
  • Implementing reasonable security measures to protect your information
  • Not disclosing your information to third parties without permission

This confidentiality obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

For projects requiring additional confidentiality protections, we are available to execute separate non-disclosure agreements.

Warranties and Disclaimers

Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. Specific service warranties and guarantees are outlined in individual service agreements.

Disclaimer of Warranties

Except as expressly stated in service agreements, our services and website are provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of non-infringement
  • Warranties regarding accuracy, reliability, or completeness
  • Warranties that services will be uninterrupted or error-free

No advice or information obtained from us creates any warranty not expressly stated in these terms.

Limitation of Liability

To the maximum extent permitted by law:

  • Dual Play shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you for the specific services giving rise to the claim
  • We are not responsible for damages resulting from your use or inability to use our services
  • We are not liable for damages caused by third-party services or products

Some jurisdictions do not allow certain limitations on liability. In such jurisdictions, our liability is limited to the extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Dual Play, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use or misuse of our services
  • Your violation of these Terms of Service
  • Your violation of any third-party rights
  • Any content or information you provide to us
  • Your negligence or willful misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

Governing Law and Dispute Resolution

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law principles.

Dispute Resolution

In the event of any dispute arising from these terms or our services:

  • Parties agree to first attempt resolution through good faith negotiation
  • If negotiation fails, parties may pursue mediation
  • Any legal action must be brought in the courts of Wake County, North Carolina
  • Both parties consent to the exclusive jurisdiction of these courts

General Provisions

Entire Agreement

These Terms of Service, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and Dual Play regarding our services and supersede all prior agreements and understandings.

Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Invalid provisions shall be replaced with valid provisions that most closely match the intent of the original.

Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Dual Play.

Assignment

You may not assign or transfer these terms or your rights under them without our prior written consent. We may assign these terms or our rights under them without restriction.

Modifications to Terms

We reserve the right to modify these Terms of Service at any time. When we make changes, we will:

  • Update the "Last updated" date at the top of this page
  • Post the revised terms on our website
  • Notify you of material changes through our website or email

Your continued use of our services after any changes indicates your acceptance of the modified terms. If you do not agree with the modified terms, you should discontinue use of our services.

Contact Information

If you have questions about these Terms of Service, please contact us:

Dual Play

4738 Convergence Street

Tech Triangle, Raleigh, NC 27601

Phone: +1 (919) 573-8246

Email: info@dual-play.com