Please read these terms and conditions carefully before using our website and services.
These terms are an agreement between you and Sleepless Games Studios LLC, a limited liability company organised under the laws of the State of Colorado, United States (“Sleepless Games”, “we”, “us”, or “our”). Every reference to Sleepless Games in these terms means that company, and it is the party granting the licences described below.
1. Acceptance of Terms
By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement.
2. Use License
Permission is granted to temporarily download one copy of the materials on this website for personal, non-commercial transitory viewing only.
3. Patron Benefits & Software License
Benefits provided through our Patreon membership (including pre-release software builds of Tron OS and The Dark Is Sleepless, templates, configurations, artwork, media, and documentation, together “Benefits”) are licensed, not sold. Sleepless Games grants members a personal, non-commercial, non-exclusive, non-transferable, revocable license to use the Benefits for the duration of their membership, unless a longer period is stated for a specific Benefit.
All right, title, and interest in the Benefits — including their code, designs, themes, characters, mechanics, and features — remain with Sleepless Games. Except as expressly permitted, you may not copy, redistribute, sell, sublicense, publicly host, or create derivative works from any Benefit, and you may not incorporate any part of a Benefit — including its code, assets, or distinctive designs, themes, or features — into your own products or services.
This license terminates automatically when your membership ends or if you breach these terms; on termination you must stop using and delete pre-release builds. Nothing here limits rights that cannot be limited by law (for example, lawful independent creation). To request a commercial license, contact us — we’re friendly.
Pre-release and early-access builds of our games are a membership Benefit under this section. Buying the released game is different: a copy you buy is yours to keep, under section 4.
4. Games You Buy — Your Copy Is Yours
This section applies to every game Sleepless Games sells, including The Dark Is Sleepless and Undercarrier, whether you buy it from us directly or through a store such as Steam. Where this section and any other part of these terms conflict, this section governs your purchased copy.
You own your copy. When you buy one of our games, you keep that copy for good, the way you kept a game on a disc or cartridge. We grant you a permanent, irrevocable, personal licence to install and play the copy you bought, together with the updates we release for it. It does not expire, it is not a subscription, and it does not end because the game is old, no longer supported, taken off sale, or no longer profitable for us.
We will never shut it off. We will not disable, revoke, or remotely remove a game you have bought, and we will not use an update to take away your ability to play it. If we ever stop running the online services a game relies on — accounts, download checks, cloud saves, server lists, or hosted servers — we will first release a final update that removes those checks, so you can keep playing on your own, over LAN, and on servers you host yourself, without us. Keep your game files; that copy stays yours to play.
What stays ours. Buying a copy gives you the right to play it, not ownership of the game itself. The game’s code, art, characters, story, music, designs, and trademarks remain the property of Sleepless Games and its licensors. You may make backups of your own copy for your own use, but you may not copy the game for anyone else, share, upload, or redistribute it, sell, rent, or lend it, publicly host its files, or reverse engineer it or create derivative works from it, except where the law expressly allows.
Your copy is personal. Your copy belongs to you and cannot be resold, given away, or transferred to another person or account. (Steam’s own rules do not allow transfers either.)
Stores. If you bought through Steam or another store, that store also has its own agreement with you covering your account there. We will never ask a store to remove a game from your library, and taking a game off sale does not affect copies already bought.
One copy, whichever way you buy it. Bought on Steam? Link your Steam account to your Sleepless Games account and a Sleepless copy of the game unlocks there 14 days after your purchase, once Steam’s refund window has closed. Bought from us? Your copy unlocks 14 days after purchase too, and it comes with a Steam key so you can also play it on Steam; Steam keys go out when the game launches on Steam. Either way it is one copy, yours under this section, and a Steam account can be linked to only one Sleepless Games account.
The only exceptions. A purchase that is refunded, charged back, or paid for with stolen payment details was never completed, and this section does not apply to it. If you cheat or harm other players, we may restrict your access to our online features, but we will not take away your ability to play your own copy.
This promise does not shrink. We may update these terms in the future, but no revision can remove or reduce these rights for a copy you have already bought.
5. Disclaimer
The materials on this website are provided on an "as is" basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
6. Hosting Services (Server Rental)
This section applies only if you rent a server from us. It is in addition to the rest of these terms; where the two conflict, this section governs the hosting service.
What the service is. We rent you a virtual or dedicated machine, set it up for the use you selected, and keep it running. The underlying hardware is operated by third-party providers. You are responsible for what you run on the machine and for anything done through it, whether by you or by someone you allow access.
Acceptable use. You may not use a rented server to: send unsolicited bulk email; host or distribute malware, phishing pages, or stolen data; attack, scan, or disrupt other systems; mine cryptocurrency without our prior written agreement; host content that is illegal where you or we are located, including material that infringes copyright or sexualises minors; or resell the service as your own hosting product. We may suspend a server immediately and without notice if we reasonably believe it is being used this way or is causing harm to others, and we will tell you why as soon as we can.
Payment, renewal and cancellation. Hosting is billed monthly in advance and renews automatically until cancelled. You can cancel at any time from your account; cancellation stops the next payment and takes effect at the end of the period you have already paid for. We do not give partial refunds for time already served, except where the law requires it or where we failed to deliver the service. If a payment fails we may suspend the server; if it stays unpaid we may cancel the service and delete its data.
If we cannot deliver. If we take payment and then fail to provision your server, we cancel the subscription and refund that payment.
Availability. We aim to keep your server running continuously, but we do not offer a guaranteed uptime figure or service credits. Maintenance, provider incidents, and failures happen. If you need contractual uptime guarantees, we are not the right supplier and we would rather tell you now.
Backups — please read. We do not back up your server. Nothing on a rented machine is copied elsewhere by us. If the machine, its disk, or the provider fails, the data on it may be lost permanently. Keeping your own backups off the machine is your responsibility, and we recommend it strongly.
Your data and access. We can access your server for support, maintenance, and to investigate suspected abuse. We do not look at your files otherwise. When a service ends we stop the machine and keep it recoverable for 14 days, after which it and its data are deleted permanently. Ask us within that window if you need something off it.
Termination. Either of us may end the hosting service at any time. If we end it for reasons other than your breach of these terms, we refund the unused part of the current period. If we end it because of a breach, we may do so immediately and without a refund.
Liability. Our total liability for the hosting service in any month is limited to what you paid us for that service in that month. We are not liable for lost data, lost profits, or business interruption. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.
Reporting abuse. If a server we host is causing you a problem, email jarvis@sleeplessgames.co with the address and what you saw, and we will investigate.
7. Limitations
In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on this website.
8. Revisions
We may revise these terms of service at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service. No revision reduces your rights in a game you have already bought (section 4).
9. Contact Information
If you have any questions about these Terms and Conditions, please contact us.
