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.
4. 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.
5. 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.
6. 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.
7. 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.
8. Contact Information
If you have any questions about these Terms and Conditions, please contact us.
