Service terms

1. Who we are and what these terms cover

1. "We", "us" and "Table Presence" mean Noel Rosa, trading as Table Presence, ABN 73 681 646 581, of Victoria, Australia. You can reach us at hello@tablepresence.io.
2. "You" means the publisher or studio that books a capture: the business named when the deposit is paid, or in our written quote.
3. Your order is what we agree in writing for your game: the game and edition, the set-up, the hotspots and the delivery date. Email is fine. Where your order and these terms differ, your order wins on that point.
4. These terms apply once you pay a deposit or accept a quote in writing. With your order, they are the whole agreement between us.
5. We may update these terms for future orders. The version you accepted applies to your order.

2. What a capture includes

A capture is one set-up of one game, photographed at our studio. It includes:

1. Planning the set-up with you: the edition, player count and components.
2. Photographing the set-up and building an explorable 3D scene from those photographs. We don't generate, alter or "enhance" your art.
3. Up to 12 hotspots: notes pinned to components, written or approved by you.
4. A private preview link for your team.
5. A hosted viewer page for the scene.
6. An embed code that shows the live viewer on the websites you name.
7. An orbit video and short hotspot clips, as video files.

More set-ups (such as an expansion), recapturing after components change, and changes beyond those in clause 5 are quoted separately. Campaign platforms such as Kickstarter and Gamefound may not allow a live 3D viewer on their pages; the videos are for those pages.

3. Price, deposit and payment

1. Prices are in US dollars. Your price is the one on our pricing page when you pay the deposit, or in our written quote.
2. Half the price, paid as a deposit, books your place. Card payments go through Stripe; we never see your card details.
3. The balance is due within 14 days of delivery (clause 4). We'll send you an invoice.
4. Hosting is included for three months from delivery, then charged monthly (clause 7).
5. We aren't registered for GST, so no GST is added to our prices.
6. Any fees your bank charges, such as for currency conversion, are yours.
7. If the balance is more than 30 days overdue, we may pause your viewer page and embed until it's paid, after telling you in writing.

4. Your game, timing and delivery

1. You post us a copy of the game, a retail copy or production sample, with everything the set-up needs. You pay the postage to our studio and any import duties.
2. We look after your copy while we have it. If it's lost or damaged through our fault, we'll replace it or pay its retail price.
3. After delivery we post your copy back at your cost if you ask within 30 days; otherwise we keep it for any recapture.
4. Once your game arrives, we agree a delivery date with you in writing. Delays you cause, such as missing components or late replies, move the date by as long as they last.
5. If we're going to miss the date, we'll tell you as soon as we know and agree a new one. If the new date is more than 14 days later and you'd rather not wait, you can cancel and we'll refund everything you've paid.
6. Delivery is when we send you the finished capture, after the changes in clause 5: the viewer page (private until you approve it), the embed code and the video files.

5. Reviews, approval and confidentiality

1. You review the scene and its hotspots through a private link that expires. Up to two rounds of changes to the hotspot words, the opening view and the clips are included; more are quoted.
2. If you haven't replied to a preview within 15 working days, we may treat it as accepted and deliver.
3. Nothing goes public until you approve it in writing, and email counts. That covers the viewer page, the embed, our library, social posts and any case study.
4. Until then we keep your game, the capture and anything you tell us about it confidential, and we keep to any embargo date you give us. We share them only with the services we use to make and host the capture.

6. Who owns what

1. Your game stays yours: its name, art, rules and anything you send us. You let us photograph it and use it to make, host and show the capture as these terms say.
2. The capture is ours: the photographs, the 3D scene and its files, and our tools and methods. We don't hand over the scene files or photographs.
3. Once you've paid in full, you may use the viewer page, the embed while hosting runs, and the videos and clips to promote and sell the game, anywhere, for as long as you like. You may not resell the capture or take the scene out of our viewer.
4. Hotspot words you write stay yours, and you let us show them in the capture.
5. We never use your game, its art or the capture to train AI models.
6. Founding publishers: in return for the founding price, once your game is public and you've approved the capture, we may show it in our library and write it up as a case study, naming your game and showing your logo and any figures you agree to. We'll show you the case study before it's published, and we'll take either down if you ask.
7. You confirm you have the right to send us the game and let us capture and show it as these terms say, and that hotspot words you give us don't infringe anyone's rights.

7. Hosting

1. Hosting keeps your viewer page and embed online and serves the 3D scene to your visitors.
2. We aim to keep them available at all times, but can't promise they'll never be interrupted. If something goes wrong, we'll fix it as soon as we reasonably can.
3. After the three included months, hosting is US$59 a month, charged monthly in advance by card. You can stop at any time; hosting then ends at the end of the month you've paid for.
4. We may change the hosting price with 60 days' notice in writing. If you'd rather stop before the new price applies, you can.
5. When hosting ends, we take the viewer page and embed offline. You keep the right to use the videos and clips.
6. We may stop offering hosting with 90 days' notice, refunding any month paid in advance.

8. Cancelling or ending

1. If we can't take your game on, we refund your deposit in full.
2. If you cancel before we capture your game, we refund your deposit, less any costs we've already spent, such as return postage.
3. If you cancel after we've captured your game, we keep the deposit and don't charge the balance.
4. Either of us can end the agreement if the other seriously breaches it and doesn't fix the breach within 14 days of being told in writing.
5. Payments already owed, clause 6 (who owns what), the confidentiality in clause 5 and clause 9 (our responsibility) continue after the agreement ends.

9. Our responsibility to you

1. Nothing in these terms takes away rights you have under the Australian Consumer Law, or similar laws, that can't be excluded.
2. Where the law allows, if our services fail a consumer guarantee, our liability is limited to supplying them again or paying the cost of having them supplied again.
3. Otherwise, our total liability under these terms is limited to what you've paid us in the 12 months before the claim.
4. Neither of us is liable to the other for indirect losses, such as lost profits or lost pledges.
5. We can't promise the capture will increase pledges or sales.

10. General

1. These terms are governed by the laws of Victoria, Australia, and its courts can hear disputes. Before going to court, we'll both try in good faith to settle a dispute by talking it through for at least 30 days.
2. Neither of us is responsible for delays caused by events outside our reasonable control, such as postal delays or natural disasters. We'll tell the other as soon as we can.
3. Notices go by email: to hello@tablepresence.io for us, and to the email you booked with for you.
4. Neither of us may transfer this agreement to someone else without the other's written consent, except as part of selling the business.
5. We handle personal information as our privacy notice says.