Terms of Service

20 November 2024

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Terms of Service

Effective Date: November 25, 2024

Welcome to the Apex Engine website ("Website"). By accessing, registering, or using the Website, you agree to abide by these Terms and Conditions ("Terms"). If you do not agree with these Terms, please do not use the Website.

1. Definitions

  • "Website": Refers to the Apex Engine website, including all associated subdomains, tools, services, and content provided by TGS Tech.
  • "User": Any individual or entity accessing, using, or interacting with the Website.
  • "Content": Includes any text, images, videos, software, or other materials provided by or available on the Website.
  • "Registration": The optional process of creating an account or signing up for mailing lists, early access programs, or product testing opportunities.
  • "TGS Tech": The company that owns and operates the Apex Engine website, trademarks, and associated intellectual property.
  • "Apex Engine": A collaborative game engine designed for 3D interactive application development across industries, offering advanced real-time collaboration and cloud-based capabilities.
  • "Apex Engine Lite": A standalone, single-user desktop version of Apex Engine, optimized for individual use and local project development.
  • "HeroEngine": Our legacy technology, originally developed by Simutronics, which served as the foundation for massively multiplayer online game development.
  • "Apex3D": The proprietary asset and model format used in Apex Engine for managing 3D assets and animations.
  • "Mailing List": A subscription-based service allowing Users to receive updates, news, and product information. Users may register for the Mailing List during account creation or via a designated form and can opt out at any time through provided options.

 

2. Use of the Website

  1. Purpose:
    The Website serves as an informational platform about Apex Engine, a real-time collaborative game engine currently in development. It also provides access to tutorials, product updates, and opportunities for early access and testing.

  2. Registration:
    Registration for mailing lists, early access programs, or product testing is optional. Users who choose to register must provide accurate and complete information.

  3. Prohibited Activities:
    Users may not:

    • Engage in illegal or fraudulent activities.
    • Attempt to hack, disrupt, or exploit the Website's functionality.
    • Imitate or falsely represent TGS Tech staff, representatives, partners, or authorized personnel.
    • Upload or transmit harmful, malicious, or inappropriate content.
    • Use the Website for unauthorized commercial purposes.

  4. Termination:
    TGS Tech reserves the right to suspend or terminate accounts or access to the Website for any violations of these Terms.

3. Privacy Policy

  1. Commitment to Privacy:
    We respect and value your privacy. TGS Tech is committed to protecting your information and does not sell user data.

  2. Data Collection:
    We collect information such as your name, email address, and any additional data voluntarily provided through registration, mailing lists, or interactions with the Website.

  3. Data Usage:

    • Information collected may be used to improve your experience on the Website, including tailoring content, sending updates, and enhancing product development.
    • Messages and feedback provided by users may be utilized to improve the functionality of the Website or our products.

  4. CCPA and GDPR Compliance:
    TGS Tech adheres to the guidelines established by the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR).

    • Users have the right to access, modify, or delete their data.
    • Users may opt-in to specific programs (e.g., mailing lists) and can opt out at any time without affecting their access to other features.

  5. Third-Party Sharing:
    We do not sell, share, or give your data to third parties without prior notification or explicit consent, except where required by law.

  6. Cookies:
    The Website uses cookies to enhance functionality and user experience. Users can adjust their browser settings to manage cookie preferences.

  7. Data Security:
    We implement industry-standard measures to safeguard your information but cannot guarantee absolute security.

4. Intellectual Property

  1. Ownership:
    All Content, trademarks, logos, and software on the Website are the property of TGS Tech and Apex Engine.

  2. License:
    Users are granted a limited, non-exclusive license to access and use the Website for personal, non-commercial purposes.

  3. Restrictions:
    Users may not copy, distribute, reproduce, or modify any Content without prior written permission from TGS Tech.

  4. Trademarks:
    "Apex Engine" and related logos are trademarks owned by TGS Tech. Unauthorized use of these trademarks is strictly prohibited.

5. User-Generated Content

  1. Responsibility:
    Users are responsible for the content they upload, share, or create using the Website, including text, files, or media.

  2. License to TGS Tech:
    By submitting content, Users grant TGS Tech a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and display such content to improve the Website or its services.

  3. Prohibited Content:
    Users may not upload content that is illegal, harmful, infringing, or otherwise inappropriate.

  4. PaaS-Specific Content:
    Content created using Apex Engine or HeroEngine remains the intellectual property of the User, unless otherwise agreed in a separate licensing agreement. TGS Tech reserves the right to review and remove content that violates these Terms.

6. Limitation of Liability

  1. No Warranties:
    The Website is provided "as is" and "as available." TGS Tech disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

  2. Exclusions:
    TGS Tech is not responsible for:

    • Loss of data, profits, or revenue arising from Website use.
    • Downtime or interruptions in Website availability.

  3. Maximum Liability:
    In no event shall TGS Tech's liability exceed the amount paid by the User for accessing the Website or related services.

7. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland and the District of Columbia. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in these regions.

8. Modifications to the Terms

TGS Tech reserves the right to modify these Terms at any time. Updated Terms will be posted on the Website, and continued use of the Website signifies acceptance of the changes.

9. Contact Information

For questions or concerns about these Terms, please contact us:
Email: legal [@] apexengine.com
Mailing Address: 7315 Wisconsin Ave, Suite 422 Bethesda, MD 20814

By using this Website, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

Last Updated on: 2025 02, 04