Terms of Service

Last Updated: October 15, 2025

Welcome to Toastware Games. By accessing or using our website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website.

1. Acceptance of Terms

By accessing and using Toastware Games, you accept and agree to be bound by the terms and provisions of this agreement. These Terms apply to all visitors, users, and others who access or use the service.

2. Description of Service

Toastware Games provides:

• Free browser-based games and simulations
• Educational and entertainment content
• Optional user accounts for games that require account functionality
• Links to related content and merchandise

3. Account Registration and Requirements

3.1 Account Creation

Some games and features may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Be at least 13 years of age (if under 18, you must have parental or guardian consent)
• Be responsible for maintaining the confidentiality of your account password
• Be responsible for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Security

You are responsible for:

• Keeping your password secure and confidential
• All activities conducted through your account
• Logging out of your account when using shared or public devices

We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Username and Display Name Guidelines

When choosing a username or display name, you must not:

• Use names that are offensive, vulgar, or inappropriate
• Impersonate any person or entity
• Use names that infringe on trademarks or intellectual property rights
• Use names that contain personal information (phone numbers, addresses, etc.)
• Use names designed to deceive or mislead other users

We reserve the right to reject or require changes to any username that violates these guidelines.

3.4 One Account Per Person

You may only create and maintain one account per person. Creating multiple accounts is prohibited and may result in suspension or termination of all associated accounts.

4. License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use Toastware Games for personal, non-commercial purposes. You may not:

• Modify, copy, distribute, or create derivative works based on our content
• Reverse engineer, decompile, or disassemble any software or games
• Use automated systems (bots, scrapers) to access the service
• Remove any copyright, trademark, or other proprietary notices
• Transfer, sell, or sublicense your account or access rights to others

5. User Conduct

You agree not to:

• Use the service for any unlawful purpose or in violation of these Terms
• Harass, abuse, threaten, or intimidate other users
• Impersonate any person or entity, or falsely state or misrepresent your affiliation
• Interfere with or disrupt the service or servers
• Attempt to gain unauthorized access to any accounts, systems, or networks
• Upload or transmit viruses, malware, or other malicious code
• Collect or store personal data about other users without consent
• Use the service to distribute spam or unsolicited communications
• Exploit bugs or glitches for personal gain
• Share, sell, or trade your account with others
• Use cheats, hacks, or unauthorized third-party software
• Engage in any activity that could damage our reputation or business

6. Account Termination and Suspension

6.1 Termination by You

You may delete your account at any time through your account settings or by contacting us. Upon account deletion:

• Your access to account-based features will be terminated
• Your personal information will be deleted in accordance with our Privacy Policy
• Your game progress associated with the account may be permanently lost

6.2 Termination or Suspension by Us

We reserve the right to suspend or terminate your account and access to the service, with or without notice, for any reason, including but not limited to:

• Violation of these Terms of Service
• Fraudulent, abusive, or illegal activity
• Prolonged inactivity (we will provide notice before deleting inactive accounts)
• At our sole discretion if we believe it is necessary to protect our users or service

6.3 Effect of Termination

Upon termination or suspension:

• Your right to use the service will immediately cease
• We may delete your account data and game progress
• You remain liable for any obligations incurred prior to termination
• Sections of these Terms that by their nature should survive termination will remain in effect

7. Intellectual Property

7.1 Our Content

All content on Toastware Games, including but not limited to text, graphics, logos, images, audio clips, games, and software, is the property of Toastware Games or its content suppliers and is protected by United States and international copyright laws.

7.2 Trademarks

The Toastware Games name and logo are trademarks of Toastware Games. You may not use these trademarks without our prior written permission.

7.3 Feedback and Suggestions

If you provide us with any feedback, suggestions, or ideas about our service, you grant us the right to use such feedback without any obligation to compensate you.

8. User-Generated Content

8.1 Account-Related Content

When you create an account, you may provide certain content such as usernames, display names, and profile information. By providing such content, you represent and warrant that:

• You have the right to submit the content
• The content does not violate any laws or third-party rights
• The content complies with these Terms and our community guidelines

8.2 License to User Content

By submitting content to our service, you grant Toastware Games a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of operating and improving the service.

8.3 Content Monitoring

We reserve the right, but are not obligated, to monitor, review, or remove any user-generated content that violates these Terms or is otherwise objectionable, at our sole discretion.

9. Third-Party Links and Services

Our website contains links to third-party websites and services (YouTube, Etsy, etc.) that are not owned or controlled by Toastware Games. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Toastware Games shall not be responsible or liable for any damage or loss caused by your use of any third-party content or services.

10. Disclaimer of Warranties

Toastware Games is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind, either express or implied. We do not warrant that:

• The service will be uninterrupted, secure, or error-free
• The results obtained from using the service will be accurate or reliable
• The quality of any products, services, information, or content will meet your expectations
• Any errors or defects will be corrected
• Your game progress or account data will be preserved without loss

Some games are marked as "works in progress" and may contain bugs, incomplete features, or other issues.

11. Limitation of Liability

To the fullest extent permitted by law, Toastware Games shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the service
• Any unauthorized access to or use of our servers or your account
• Any interruption or cessation of the service
• Any bugs, viruses, or other harmful code transmitted through the service
• Any errors or omissions in content
• Any loss of user data, game progress, or account information
• Any conduct or content of third parties on the service

Our total liability to you for all claims arising from your use of the service shall not exceed $100 or the amount you paid us in the past 12 months, whichever is greater.

12. Indemnification

You agree to defend, indemnify, and hold harmless Toastware Games and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit through your account

13. Educational and Entertainment Purposes

Our games and simulations are provided for entertainment and educational purposes. While we strive for accuracy in any scientific or educational content, we make no guarantees about the accuracy, completeness, or usefulness of any information provided.

Some games are clearly marked as "works in progress" and may not function as intended. We reserve the right to modify or discontinue any game or feature at any time.

14. Data Backup and Loss

While we make reasonable efforts to maintain and back up our servers and your account data:

• We do not guarantee that your data will be preserved without loss
• You are responsible for maintaining your own backups of important information
• We are not liable for any loss of game progress, account data, or other information
• Technical issues, server failures, or other circumstances may result in data loss

15. Modifications to Service

We reserve the right to modify, suspend, or discontinue the service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the service.

This includes the right to:

• Add or remove games and features
• Change game mechanics or functionality
• Implement new account requirements or restrictions
• Modify or terminate account-based features

16. Changes to Terms

We reserve the right to update or modify these Terms at any time without prior notice. When we make changes, we will update the "Last Updated" date at the top of this document. Your continued use of the service after any such changes constitutes your acceptance of the new Terms.

We encourage you to review these Terms periodically. For material changes that affect your rights, we will provide notice through email (if you have an account) or a prominent notice on our website at least 30 days before the changes take effect.

17. Governing Law and Dispute Resolution

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

Any disputes arising from these Terms or your use of the service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if your claims qualify.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Toastware Games regarding the use of the service and supersede any prior agreements between you and Toastware Games relating to your use of the service.

20. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Toastware Games.

21. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at:

Email: contact@toastware-games.com

Website: https://toastware-games.com

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