Refund Policy

1. Overview

This Refund Policy ("Policy") governs all refund and cancellation requests for services provided by Whitethorn Games, Inc. ("Company," "we," "our," or "us"), located at 11 E 12TH ST, ERIE, PA 16501-1905, United States. By engaging our services, you agree to the terms of this Policy.

Due to the custom and labor-intensive nature of software development services, our refund policy differs from standard product-based refund policies. We invest significant engineering, design, and project management resources from the outset of each engagement. This Policy is designed to be fair to both parties while acknowledging the realities of custom software development.

We encourage all prospective clients to thoroughly review project requirements, timelines, and budgets during the discovery phase before executing a Statement of Work. Our team is available for free pre-engagement consultations to ensure alignment before any financial commitment is made.

2. Eligibility for Refunds

Refund eligibility is determined based on the following criteria:

• The refund request is submitted in writing to ceo@whitethorngamesinc.com
• The request includes a detailed description of the grounds for the refund
• The request is submitted within the applicable timeframe specified in this Policy
• The Client has fulfilled all obligations under the Statement of Work, including timely provision of materials, feedback, and approvals

Refund requests that do not meet the above criteria will not be considered. We will acknowledge all refund requests within 5 business days and provide a final determination within 15 business days.

3. Non-Refundable Services

The following services and payments are non-refundable under all circumstances:

• Discovery and Scoping Fees: Fees paid for requirements gathering, technical discovery, architecture planning, and proposal preparation are non-refundable once the discovery session has been conducted.
• Completed Development Milestones: Any milestone for which deliverables have been approved by the Client (written or verbal approval) is non-refundable.
• Third-Party Costs: Domain registrations, hosting fees, software licenses, API subscription costs, cloud infrastructure provisioning fees, and other third-party expenses procured on behalf of the Client are non-refundable.
• Completed and Delivered Work: Any work that has been completed, delivered, and accepted (or deemed accepted per Section 8) is non-refundable.
• Rush or Expedited Service Fees: Additional fees paid for expedited project timelines are non-refundable regardless of project outcome.
• Consultation Fees: Fees for paid technical consultations, architecture reviews, and advisory sessions are non-refundable once the session has occurred.
• Advertising Campaign Spend: Media spend deployed to third-party advertising platforms (Google, Meta, LinkedIn) on behalf of the Client is non-refundable once deployed.

4. Development Milestone Refund Policy

For fixed-price projects, payment is structured around defined milestones. The following refund schedule applies:

4.1 Kickoff Payment (typically 50% of total fee)

The Kickoff Payment covers project initiation, team onboarding, architecture design, environment setup, and the first development sprint. This payment is refundable on a pro-rated basis if the Client cancels before the kickoff meeting. Once the kickoff meeting has occurred and development has commenced, the Kickoff Payment is non-refundable.

4.2 Milestone Payments

Milestone payments become non-refundable upon Client approval of the associated deliverables. If the Client fails to provide written approval or rejection within 5 business days of delivery notification, the milestone is deemed approved and the payment becomes non-refundable.

4.3 Final Payment

The final payment is due upon project completion and is non-refundable once the final deliverables have been delivered to the Client's production environment or transferred via agreed delivery method.

5. Cancellation Terms

5.1 Cancellation Before Project Kickoff

If the Client cancels a project after executing the Statement of Work but before the kickoff meeting, a cancellation fee equal to 15% of the total project value will be deducted from any refundable payments to cover administrative and planning costs. The remaining balance will be refunded within 15 business days.

5.2 Cancellation After Kickoff

If the Client cancels after the kickoff meeting but before the first milestone delivery, the Client is entitled to a refund of the Kickoff Payment minus: (a) the cancellation fee (15% of total project value); and (b) the actual cost of work completed, calculated at our standard hourly rate of $150/hour for all hours worked to date.

5.3 Cancellation Mid-Project

If the Client cancels after one or more milestones have been completed and approved, no refund will be issued for completed milestones. For the current in-progress milestone, a pro-rated refund will be issued based on the percentage of that milestone remaining, minus a 15% cancellation fee on the remaining balance.

5.4 Cancellation Notice

All cancellations must be submitted in writing to ceo@whitethorngamesinc.com. The effective cancellation date is the date on which we receive written notice. Verbal cancellations are not valid. Upon receipt of cancellation notice, we will pause all active development and provide an accounting of work completed within 5 business days.

6. Subscription and Maintenance Service Refunds

6.1 Monthly Subscriptions

Monthly subscription services (Technical Support, Maintenance Services, Managed Hosting) may be cancelled with 30 days' written notice. No refund will be issued for the current billing month in which the cancellation notice is received. The subscription will remain active through the end of the final paid billing period.

6.2 Annual Subscriptions

Annual subscription plans are non-refundable after the first 14 days of the subscription term. Within the first 14 days, a pro-rated refund will be issued for unused months, minus a 10% administrative fee.

6.3 Prepaid Support Hours

Prepaid support hour blocks are valid for 12 months from the date of purchase. Unused hours at the end of the 12-month period are non-refundable. Upon written request, unused hours may be applied as a credit toward future service engagements within 30 days of expiration.

7. Delayed Project Policies

7.1 Delays Caused by Whitethorn Games, Inc.

If a project is delayed beyond the SOW timeline due to causes solely attributable to Whitethorn Games, Inc. (excluding force majeure, Client-caused delays, and scope changes), the Client may be entitled to a service credit of up to 5% of the affected milestone value for each full week of delay, up to a maximum of 20% of the total project value. Service credits are applied to future invoices and are not redeemable as cash refunds.

7.2 Delays Caused by the Client

If project delays are caused by the Client's failure to provide timely approvals, materials, feedback, or access to required systems, no refund or credit will be issued. Additionally, if Client-caused delays extend the project timeline by more than 30 calendar days, we reserve the right to charge a project restart fee equal to 10% of the remaining project value to re-onboard our team.

8. Acceptance and Rejection of Deliverables

Upon delivery of each milestone or final project deliverable, the Client has 5 business days to review and provide written acceptance or rejection with specific, documented reasons. Deliverables are deemed accepted if the Client: (a) provides written acceptance; (b) fails to provide written rejection within 5 business days; or (c) begins using the deliverable in a production or business context.

If the Client rejects a deliverable, they must provide specific written documentation of all defects or deviations from the agreed specifications within the 5-day review window. We will address documented defects at no additional charge. Rejected deliverables that meet the agreed specifications are not eligible for refund.

9. Custom Software Clauses

Custom software development involves inherent complexity and uncertainty. The Client acknowledges that:

• Software requirements may evolve during development, and scope changes are subject to Change Order procedures
• All software contains some level of defects; our warranty covers material defects as defined in our Terms and Conditions
• Performance benchmarks and scalability targets specified in the SOW are achieved under defined test conditions and may vary in production environments
• Third-party API limitations, platform restrictions, or regulatory changes outside our control may affect functionality and do not constitute grounds for refund
• Business outcomes (revenue growth, user adoption, conversion rates) are not guaranteed by software delivery and are not grounds for refund

10. Partial Refund Conditions

Partial refunds may be issued in the following limited circumstances:

• A specific deliverable fails to meet documented acceptance criteria after two rounds of revisions, and the parties agree in writing that the deliverable cannot be corrected within the project timeline
• We are unable to complete a specific feature or functionality due to technical limitations that were not identified during scoping, and no equivalent solution is possible
• A force majeure event permanently prevents completion of the project, and partial work has been completed

Partial refund amounts will be calculated based on the proportion of undelivered work relative to the total contracted scope, as mutually agreed by both parties in writing.

11. Service Credits

In cases where a full or partial cash refund is not applicable, we may, at our sole discretion, offer service credits equivalent to the disputed amount. Service credits may be applied toward: future development work, maintenance services, consulting hours, or other services offered by Whitethorn Games, Inc. Service credits are non-transferable, have no cash value, and expire 24 months from the date of issuance.

12. Chargebacks

We take chargeback disputes seriously. If a Client initiates a chargeback with their payment provider without first submitting a written refund request to us and allowing 15 business days for resolution, we reserve the right to: (a) dispute the chargeback with supporting documentation of services rendered; (b) suspend all active service agreements with the Client; (c) pursue recovery of chargeback fees and associated costs; and (d) pursue legal remedies for fraudulent chargebacks.

We strongly encourage all Clients to resolve payment disputes directly with us before initiating chargebacks. Our team is committed to fair and prompt resolution of all legitimate disputes.

13. Refund Processing Time

Approved refunds are processed within the following timeframes:

• Credit card refunds: 5–10 business days after approval (subject to card issuer processing times)
• ACH/bank transfer refunds: 3–7 business days after approval
• Check refunds: 10–15 business days after approval

Refunds are issued using the same payment method used for the original transaction. If the original payment method is no longer available, we will coordinate an alternative method with the Client.

14. Consultation Refunds

Free consultations carry no financial obligation. For paid consultation sessions (IT Consulting at $250/hour), cancellations made more than 24 hours before the scheduled session will receive a full refund. Cancellations within 24 hours of the scheduled session are non-refundable. No-shows are non-refundable. Rescheduling requests made more than 24 hours in advance are accommodated at no charge.

15. Exceptions

We reserve the right to make exceptions to this Refund Policy on a case-by-case basis at our sole discretion, taking into account the specific circumstances of each situation, the Client's history with our company, and the nature of the dispute. Any exception granted does not constitute a waiver of our right to enforce this Policy in future situations.

16. Contractual Obligations

This Refund Policy is incorporated by reference into all Statements of Work, Master Services Agreements, and other service contracts executed between the Client and Whitethorn Games, Inc. In the event of a conflict between this Policy and a signed contract, the terms of the signed contract shall govern.

17. Contact Information for Refund Requests

All refund requests must be submitted in writing to:

• Company: Whitethorn Games, Inc.
• Address: 11 E 12TH ST, ERIE, PA 16501-1905, United States
• Email: ceo@whitethorngamesinc.com
• Subject Line: Refund Request – [Your Company Name] – [Project Name]

Include your full name, company name, project name, invoice number(s), and a detailed description of your refund request. We will acknowledge receipt within 5 business days and provide a final determination within 15 business days.