Nokkturnal Games

Legal

Terms of Service

Last updated: 21 August 2026

These terms are a legal agreement between you and Nokkturnal Games. By using this website, or by downloading, installing or playing any of our games, you agree to them. If you do not agree, please do not use the website or our games.

1. Who we are

"Nokkturnal Games", "we", "us" and "our" refer to Nokkturnal Games, an independent game developer based in Queensland, Australia. "You" refers to you, the person using our website or playing our games.

You can contact us at admin@nokkturnalgames.com.

2. What these terms cover

These terms apply to:

  • this website and any content on it; and
  • our games, game clients, demos, playtest builds, patches, downloadable content and related services (together, the "Games").

Where you obtain a Game through a third-party storefront such as Steam or itch.io, that storefront's own terms also apply to your purchase and your account with them. If a storefront's terms conflict with these terms in relation to your purchase, payment or refund, the storefront's terms govern that subject.

3. Licence to use our Games

Subject to these terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and play the Games for your own private, non-commercial entertainment.

We license the Games to you. We do not sell them to you. All rights not expressly granted are reserved.

What you may not do

Except to the extent that the law (including the Copyright Act 1968 (Cth)) permits it despite this clause, you must not:

  • copy, sell, rent, lease, sublicense or otherwise distribute the Games or any part of them;
  • reverse engineer, decompile or disassemble the Games, or attempt to derive their source code;
  • remove, obscure or alter any copyright, trademark or other proprietary notice;
  • circumvent any technical protection, licensing or anti-cheat measure;
  • use the Games, or any assets from them, to train machine learning or generative AI models, or to build a competing product; or
  • use the Games for any unlawful purpose, or in a way that infringes anyone else's rights.

4. Purchases and refunds

We do not currently sell anything directly through this website. Purchases of the Games are made through third-party storefronts, which handle payment, billing, receipts and refunds under their own policies.

Nothing in these terms excludes, restricts or modifies the consumer guarantees or other rights you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. See clause 10.

5. Mods and user content

Some of our Games support user-created content such as mods, and may integrate third-party modding services. If you create, upload or share content in connection with a Game ("Your Content"):

  • you keep ownership of Your Content;
  • you confirm you have the rights to share it and that it does not infringe anyone else's rights or break any law;
  • you grant us a worldwide, non-exclusive, royalty-free licence to host, reproduce, display and distribute Your Content for the purpose of operating, promoting and supporting the Game; and
  • we may remove or refuse to distribute Your Content if we reasonably believe it is unlawful, infringing, malicious or seriously offensive.

You are responsible for Your Content. Mods are not made or checked by us, and you install third-party mods at your own risk.

6. Videos, streaming and fan content

You may record, stream and publish video or audio of our Games, including on monetised channels, provided you do not:

  • claim to be us, or imply that we endorse or sponsor your content without our written agreement;
  • redistribute the Game itself, its assets, or a playable portion of it; or
  • use the content in a way that is unlawful or that seriously harms our reputation.

This permission is a licence for that purpose only and we may withdraw it at any time.

7. Intellectual property

The Games, this website, and all associated names, logos, artwork, characters, audio, text and code are owned by us or our licensors and are protected by copyright, trademark and other laws. "Nokkturnal Games", "Incremental Heist and Insurance Fraud" and our logos are our trademarks. Third-party engines, middleware and libraries used in the Games remain the property of their respective owners.

8. Development builds and changes to the Games

Our Games may be released in early access, beta, demo or playtest form. Those builds are provided as-is, may be unstable, may lose save data, and may change substantially or be discontinued.

We may update, modify, suspend or discontinue any Game, feature or online service at any time. Where a change is significant and we reasonably can, we will give notice through the relevant storefront or this website.

9. Third-party services

The Games and this website rely on third-party services, including storefronts, hosting and content delivery providers, and modding platforms. Those services are governed by their own terms and privacy policies. We are not responsible for their acts or omissions, or for content they host.

10. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these terms limits those rights.

11. Disclaimers and limitation of liability

Subject to clause 10 and to the fullest extent permitted by law:

  • this website and the Games are provided "as is" and "as available", without warranties of any kind;
  • we do not warrant that the website or Games will be uninterrupted, error-free, secure, or compatible with your hardware or software;
  • we are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data or save files; and
  • our total aggregate liability to you in connection with the Games or this website is limited to the amount you actually paid for the relevant Game in the 12 months before the claim arose, or, where we cannot lawfully limit liability that way, to resupplying the Game or paying the cost of having it resupplied.

You are responsible for backing up your own save data.

12. Suspension and termination

Your licence under clause 3 ends automatically if you materially breach these terms. We may also suspend or terminate your access to online features where we reasonably believe you are breaching these terms or harming other players. You may end this agreement at any time by uninstalling and no longer using the Games.

13. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these terms.

14. Changes to these terms

We may update these terms from time to time. The current version is always published at this address, with the "last updated" date at the top. Material changes take effect when published, and continuing to use the website or the Games after that means you accept the updated terms.

15. Governing law

These terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from them. If you are a consumer in another country, you may also have the benefit of mandatory protections under the law of your country of residence.

16. General

If any part of these terms is found to be unenforceable, that part is severed and the rest continues to apply. A failure by us to enforce a right is not a waiver of it. These terms are the entire agreement between you and us about their subject matter.

17. Contact

Questions about these terms: admin@nokkturnalgames.com.