Terms of Service

These Terms of Service ("Terms") govern your access to and use of any and all services, tools, platforms, sub-projects, websites, applications, APIs, infrastructure, and related software operated or provided by Allay Studios LLC ("we", "our", or "us"). These Terms apply globally to all products and sub-brands, including experimental and unreleased services. By using our services, you confirm that you have read, understood, and fully agree to be legally bound by these Terms.

1. Scope of Agreement

These Terms apply to all products and services offered by Allay Studios LLC, including but not limited to:

• Hosting & infrastructure services (game servers, cloud storage, control panels)
• Web development platforms, SaaS tools, portals, and internal dashboards
• Automation, APIs, and third-party integrations
• End-user and admin-facing systems, beta platforms, and development environments
• Any services provided under affiliated sub-brands, projects, or experimental rollouts

2. Account Registration & Responsibilities

You must provide accurate and complete information when registering for an account. You are solely responsible for all activities under your account, including any misuse or unauthorized access. We are not liable for any damage or loss resulting from your failure to protect your credentials.

3. Payments, Billing & Credit

• All payments are due upfront unless otherwise agreed in writing.
• Services will only be activated after full, confirmed receipt of funds. This includes cases where payment processors (e.g. Stripe or PayPal) delay clearance.
• Account credit is non-refundable and non-transferable under all conditions.
• Chargebacks or payment disputes will result in immediate termination and legal action if necessary.
• We reserve the right to apply cancellation credits for unused time at our sole discretion.
• For all billing methods, payment must be received in full before the end of the applicable billing period (e.g., 30 days, 90 days, or as agreed). Failure to make timely payment will result in immediate suspension of the affected service and, depending on circumstances, may result in permanent data deletion without further notice.

4. Service Access, Uptime & Maintenance

We target a 99.7% monthly uptime for our hosting services. If uptime falls below this level due to our infrastructure, customers may request pro-rated service credits (non-cash, capped at 100% of the monthly fee). Scheduled maintenance will be announced at least 24 hours in advance, while emergency work may be carried out with minimal notice.

Exclusions include:

• Scheduled or emergency maintenance
• Customer or third-party actions
• Force majeure events (e.g. natural disasters, cyberattacks, government action)
• Issues with third-party providers (e.g. registrars, payment processors)
• Downtime affecting less than 2% of users

We also reserve the right to suspend, restrict, or terminate services for abuse, illegal activity, or security concerns, including blocking or deleting data if necessary.

5. Resource Usage & Fair Use Policy

Allay Studios operates under a fair usage policy. We may limit or suspend services that exceed reasonable resource consumption or that negatively impact platform stability, performance, or other users.

6. Prohibited Use

You agree not to use any Allay Studios service for:

• Hosting, distributing, or linking to malware, DDoS tools, or illegal material
• Unauthorized access ("hacking") of systems, services, or accounts
• Cryptocurrency mining without explicit written permission
• Violation of international, national, or local laws or regulations
• Content that infringes on copyrights, trademarks, or other rights

7. Intellectual Property

All content, code, systems, and software provided by us remain the sole property of Allay Studios LLC or its licensors. You are prohibited from copying, reverse-engineering, modifying, or redistributing any intellectual property without prior written consent.

8. Modifications to Terms

These Terms may be updated at any time without prior notice. If we make material changes, we may notify you via email or platform notice. Continued use of the service after any update constitutes acceptance of the revised Terms.

9. Liability Disclaimer (No Liability)

To the fullest extent permitted by applicable law, Allay Studios LLC disclaims all liability for any damages of any kind — including direct, indirect, incidental, special, punitive, or consequential damages — regardless of the cause or theory of liability. This includes, without limitation, damages for loss of data, business interruption, loss of profits, legal exposure, or damages arising from service interruption or failure. By using our services, you agree that we are not liable under any legal or equitable theory — under no circumstances whatsoever.

10. Data Protection & GDPR

We comply with the General Data Protection Regulation (GDPR) and other relevant privacy laws. You may request access, correction, or deletion of your personal data at any time. Such requests can be submitted via email to the contact listed below. Deletion of personal data may result in irreversible loss of linked services, data, or account balances.

In the event of excessive, unreasonable, or clearly abusive data requests, we reserve the right to apply a processing fee. Legally required records such as invoices or billing logs will be retained for compliance and tax purposes even if personal data is deleted.

11. Refunds

Refunds are generally not available once a service has started, development work has begun, or handcrafted work has been performed. For hosting-related services, however, refunds may be issued within 48 hours of purchase, provided as account credit. Requests outside these conditions will only be considered in rare, exceptional circumstances and remain at our sole discretion.

12. Beta Services & Experimental Features

From time to time, we may release experimental features or beta services. These offerings are provided strictly on an "as-is" and "as-available" basis, with no guarantees of stability, security, or continued availability. You use such features at your own risk. We may disable or remove them at any time without notice.

13. Third-Party Services

We may integrate with or rely upon services provided by third parties (e.g., Stripe, Discord, AWS, Cloudflare). We do not control or take responsibility for their reliability, uptime, or legal compliance. Any issues arising from third-party services are outside our scope of responsibility.

14. Force Majeure

We are not responsible for any delay or failure in performance caused by factors beyond our reasonable control, including but not limited to: natural disasters, internet outages, legal restrictions, war, or third-party provider failure.

15. Severability

If any part of these Terms is found to be invalid, illegal, or unenforceable by a competent authority, the remaining parts shall continue in full force and effect.

16. Export Controls & Sanctions

You may not use our services in violation of U.S., EU, or other applicable export control laws and sanctions. You represent and warrant that you are not located in a country or on a list prohibited from receiving services under applicable law.

17. Age Restrictions

You must be at least 16 years of age to use our services. If you are under the minimum age, you must have parental or legal guardian consent, in accordance with applicable laws including GDPR.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States. Jurisdiction for any disputes lies exclusively with the competent courts of Natrona County, Wyoming.

19. Contact

For legal inquiries, disputes, or data privacy requests, contact:
Allay Studios LLC
Email: [email protected]