License

Developer Terms of Use

These Developer Terms of Use were last updated on December 15, 2025.

These Developer Terms of Use (these “Terms”) apply to your use of the application programming interfaces, software development kit and associated tools, applications, wikis and documentation (collectively, including all updates and other modifications thereto, the “SDK”) made available by Harris Hill Products Inc. (“Harris Hill”, “we”, “us” or “our”) in connection with Harris Hill’s proprietary gaming console with a large screen that interacts with physical game pieces and allows for multi-player experiences (“Board”), as described at the web page located at board.fun/pages/developers (the “Site”). References to “you” or “your” mean the individual developer downloading, installing or using the SDK. The SDK is made available by Harris Hill to enable the development and testing of new game experiences, designed exclusively to be run on Board through the use of our existing pieces sets. By accepting these Terms or downloading, installing or using the SDK, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not accept the terms and conditions of these Terms, do not download the SDK. The Site and our business may change from time to time. As a result, at times it may be necessary for us to make changes to these Terms. Please review these Terms periodically, and especially before you use the SDK. These Terms were last updated on the date indicated above. We reserve the right to update or modify these Terms at any time and from time to time without prior notice, and such changes will apply to your transaction if you place such order after the date of last modification indicated above.

PLEASE NOTE THAT THESE TERMS INCORPORATE THE TOU (AS DEFINED BELOW), WHICH CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST HARRIS HILL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

These Terms are meant to be read in conjunction with the Terms of Use located at board.fun/terms-of-use (the “TOU”), which is hereby incorporated by reference. With respect to the SDK, in the event of a conflict between a term or condition in the TOU and these Terms, the term or condition set forth in these Terms will govern.

  1. Grant of License. Subject to the terms and conditions of these Terms, Harris Hill grants you a non-exclusive, non-sublicensable, non-transferable, revocable license to download, install and use the SDK to develop games designed to function on Board (“Developed Programs”) solely for non-commercial research and development purposes.

  2. Other Restrictions. You may not use the SDK for any purpose other than as expressly permitted under Section 1 without Harris Hill’s prior written consent. Harris Hill may, in its sole discretion, launch a marketplace pursuant to which Developed Programs may be licensed or otherwise made available to third party Board users, subject to additional terms and conditions; however, Harris Hill is not obligated to do so and, until Harris Hill otherwise agrees in writing, all Developed Programs are for your internal use only and you will not distribute, publish or otherwise make available to any third party any Developed Programs. You will not: (a) reverse engineer, disassemble, or decompile any part of the SDK; (b) rent, lease, sell, assign, sublicense, distribute, publish, transfer or otherwise make available the SDK or the Developed Programs to any third party without Harris Hill’s prior written consent; or (c) modify, adapt, alter, translate, or incorporate into or with other software or create a derivative work of any part of the SDK, except as permitted herein, without express written permission from Harris Hill. You also agree you will not use the SDK to: (i) develop applications for other platforms or to develop another SDK, without express written permission from Harris Hill; (ii) use Harris Hill’s trademarks to market the Developed Program without written permission of Harris Hill; (iii) use Harris Hill’s trademarks in any way that suggests the Developed Programs come from or are endorsed by Harris Hill; (iv) use the SDK to create, develop, or use any program, software, or service which (A) contains any viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (B) when used in the manner in which it is intended, violates any applicable law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti- discrimination, false advertising, or data privacy); (C) infringes the intellectual property rights of third parties; (D) contains libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content; (E) interferes with the operability of other Harris Hill or third-party programs or software; or (iv) modify, distribute, or convey the SDK so that the SDK becomes subject to any license which requires, as a condition of license, use, modification, distribution, or conveyance, that (A) the code be disclosed or distributed in source code form; (B) others have the right to modify or create derivative works of it; and/or (C) it becomes redistributable at no charge.

  3. Ownership of Intellectual Property. The SDK (including any copies that you make) and all related intellectual property rights are and will at all times remain the sole and exclusive property of Harris Hill. The SDK is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. You agree to protect Harris Hill’s copyright and other ownership interests in all items in the SDK. Except as stated herein, these Terms do not grant You any rights to patents, copyrights, trade secrets, trademarks, know-how, or any other rights in respect to the items in the SDK, and all rights not expressly granted herein are reserved by Harris Hill. You own all rights, title and interest in and to the Developed Programs and all related intellectual property rights, subject to the restrictions on the distribution and use thereof as set forth in these Terms.

  4. Feedback. With respect to any technical or other information you provide to Harris Hill (whether oral or written) in connection with the SDK or Board or Harris Hill’s other products or services (including but not limited to reporting errors, or making suggestions for improvements or changes to the SDK) (collectively, “Feedback”), you hereby grant to Harris Hill a perpetual, irrevocable, unrestricted right to use such information for its business purposes, without charge, including for product support and development.

  5. Support; Upgrades; End of Life. You are not entitled to any support for the SDK. Harris Hill reserves the right to discontinue offering the SDK, or to modify the SDK at any time, in its sole discretion. If you are dissatisfied with any aspect of the SDK at any time, your sole and exclusive remedy is to cease using the SDK.

  6. No Trademark License. Nothing in these Terms gives you a right to use any of Harris Hill’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features. You agree that you will not adopt, use or attempt to register anywhere in the world, whether as a corporate name, domain name, product name, trademark, service mark or other indication of origin, any trademark of Harris Hill or any mark that is confusingly similar to or will dilute the distinctive nature of the Harris Hill trademarks.

  7. Term and Termination. These Terms are effective until terminated by either party. Harris Hill may, in its sole discretion, terminate or suspend access to the SDK, or terminate these Terms immediately at any time, for any or no reason. You acknowledge that termination of your rights may not be a sufficient remedy if you breach these Terms and that Harris Hill will be entitled, without waiving any other rights or remedies, to seek injunctive or equitable relief in the event of a breach. Sections 2-15 will survive any termination and/or expiration of these Terms.

  8. DISCLAIMER OF WARRANTIES. THE SDK IS LICENSED AND PROVIDED “AS-IS.” YOU BEAR THE RISK OF USING IT. HARRIS HILL DISCLAIMS ALL WARRANTIES – STATUTORY, EXPRESS, OR IMPLIED – INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HARRIS HILL PROVIDES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES WITH RESPECT TO YOUR USE OF THE SDK. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THESE TERMS CANNOT CHANGE.

  9. Allocation of Risk. You and Harris Hill agree that the foregoing warranty disclaimer and limitation of liability set forth below, respectively, fairly allocate the risks in the agreement between the parties. You and Harris Hill further agree that this allocation is an essential element of the basis of the bargain between the parties, that Harris Hill would not have entered these Terms without these limitations, and that the limitations will apply notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder.

  10. Limitation of Liability. IN NO EVENT WILL HARRIS HILL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION AND DIRECT DAMAGES) RESULTING FROM THE USE OR INABILITY TO USE THE SDK OR BOARD OR OTHERWISE ARISING UNDER OR IN RELATION TO THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF HARRIS HILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED, HOWEVER, THAT NOTHING IN THESE TERMS WILL LIMIT LIABILITY FOR CONDUCT FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS OR REGULATIONS.

  11. Indemnity. To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Harris Hill, its affiliates, and their respective directors, officers, employees, agents and representatives from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees), arising out of or allegedly based (in whole or in part) on: (a) your use of the SDK; (b) any of the Developed Programs, including any allegation that any Developed Program infringes any copyright, trademark, trade secret, trade dress, patent, or other intellectual property right of any person, or defames any person or violates their rights of publicity or privacy; (c) any violation by you of any applicable law or regulation; or (d) any non-compliance by you with these Terms.

  12. Government Use. If you are part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the SDK are restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The SDK is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of the SDK by the Government will be governed solely by the terms of these Terms.

  13. Export Restrictions. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL UNITED STATES AND INTERNATIONAL EXPORT LAWS AND REGULATIONS, WHICH INCLUDE RESTRICTIONS ON DESTINATIONS, END-USERS AND END USE. You acknowledge and agree that you will not import, export, or re-export, directly or indirectly, the SDK or related information to any country in violation of the laws and regulations of any applicable jurisdiction. This restriction expressly includes, without limitation, the export regulations of the United States, and the import and export restrictions of the various European countries.

  14. Dispute Resolution By Binding Arbitration. The Dispute Resolution by Binding Arbitration clause of the TOU is incorporated herein by reference with the same force and effect as those fully set forth herein. By agreeing to these Terms, you agree to be bound by the dispute resolution and arbitration provisions contained in the TOU.

  15. General. Except as expressly agreed by Harris Hill and you, these Terms and the TOU constitute the entire agreement between you and Harris Hill with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. We will not have any liability under these Terms for any failure or delay in performing any of the obligations imposed by these Terms to the extent such failure or delay is the result of any circumstances beyond our reasonable control, including, without limitation, any fire, explosion, severe weather, natural disaster, epidemic, public health or safety emergency, war, riot, damage to machinery or equipment, disruption in transportation, communications, electric power or other infrastructure, or any strike, lockout or other labor dispute. These Terms are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration as set forth above, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Delaware. Except as provided in the Dispute Resolution by Binding Arbitration clause of the TOU, if any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. Failure of Harris Hill to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision in these Terms. No waiver will be effective against Harris Hill unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. The section headings are provided merely for convenience and will not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees. You may not assign these Terms without the prior written consent of Harris Hill, but Harris Hill may assign or transfer these Terms, in whole or in part, without restriction. You may contact us at:

Address:
Harris Hill Products Inc.
5 Union Square West, #1036
NY, NY 10003

Email: hello@board.fun

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