Last updated: 2023-07-01
By signing up to Colyseus Cloud services you agree to the following terms and conditions:
You hereby affirm that You are over the age of thirteen (13), as the Services are not intended for anyone under 13. If You are under 13 years of age, then You may not use the Services. In addition, if You are between the ages of 13 and 18 (or between the ages of 13 and the age of legal majority under applicable law in Your jurisdiction), You may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that You have the full power and authority to agree to these Terms and that in doing so you will not violate any other agreement to which You are a party and that You have not been previously suspended or removed from the Services.
You represent, warrant, and agree that You will not use the Services in a manner that is illegal or otherwise inconsistent with these Terms. In addition, you will not use the Services in a manner that Colyseus Cloud deems, in its sole discretion, objectionable. You agree that you will access the Services only through the interfaces provided. You also agree not to do any of the following:
We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Colyseus Cloud has no obligation to monitor Your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, in Our discretion and at any time, to suspend, change or discontinue any part of the Services, introduce new features or impose limits on certain features, or restrict access to parts or all of the Services.
Each application you create on Colyseus Cloud is a monthly "Subscription".
If you are not satisfied by the Colyseus Cloud service, you may ask for a refund within 7 days of your first payment. Please contact us at support@colyseus.io with your request. We will refund your payment within 7 days.
We reserve the right to refuse a refund request if we believe that you are abusing our refund policy.
Colyseus Cloud offers You a Service Level Agreement ("SLA") guaranteeing certain availability of our Services. To be eligible for any credits to Your account, You must follow the specific procedures set forth in the SLA for notifying Us of Your desire for credits. You understand and agree that the failure to follow the procedure in the SLA within three (3) days of the triggering event will result in Your waiver of any right to receive credits. SLA credits expire one (1) year after issuance and are not redeemable for cash.
THE SERVICES AND SERVICES CONTENT ARE PROVIDED BY COLYSEUS CLOUD (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, AND COLYSEUS CLOUD, TO THE MAXIMUM EXTENT PERMITED BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COLYSEUS CLOUD OR OUR AFFILIATES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS AND ASSIGNS, OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND OTHER REPRESENTATIVES (ALL OF THE FOREGOING COLLECITVELY REFERRED TO HEREIN AS THE "COLYSEUS CLOUD PARTIES"), BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ANY INTERRUPTION OF BUSINESS) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLYSEUS CLOUD PARTIES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100), WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend (at Our request), and hold the Colyseus Cloud Parties harmless from and against any and all claims, liabilities, damages, losses, and expenses, (including without limitation, actual, indirect, incidental, consequential, and special damages, such as damages for expenses or business interruption, property damage, attorneys' fees, and loss of use, data, revenue, income, profits, or value of assets or securities) arising from or related to any third-party claims relating to: (i) Your alleged or actual violation of these Terms, (ii) Your use of the Services or Services Content, (iii) Your User Content, (iv) Your violation, misappropriation, or infringement of any right of another party, or (v) Your violation of any applicable laws or regulations.
These Terms will remain in full force and effect while You are a user of the Services. We reserve the right, at Our sole discretion, to pursue all of Our legal remedies, including but not limited to suspending, disabling or terminating Your access to and ability to use the Services and/or any other products or services provided to You by Colyseus Cloud, at any time for any or no reason and without any notice. We are not responsible for any loss or harm related to Your inability to access or use the Services. You may terminate these Terms as they apply to You at any time by ceasing all use of the Services. All sections which by their nature should survive expiration or termination of the applicability of these Terms shall continue in full force and effect subsequent to and notwithstanding such expiration or termination.
If You have any questions about these Terms, please email Us at legal@colyseus.io.