Terms of Service

These Terms of Service ("Terms" or "ToS") 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. We operate both creative and technical service offerings, including commissioned development services and hosting-related infrastructure. This includes:

  • Hosting & infrastructure services (game servers, VPS, dedicated servers, databases, cloud storage, ...)
  • Custom development services, software creation, design, and studio-related contract work
  • Web platforms, SaaS tools, portals, automation systems, and internal dashboards
  • APIs, integrations, and experimental or beta platforms
  • Any services provided under affiliated sub-brands, projects, or exploratory releases

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 loss or damage resulting from your failure to protect your credentials.

3. Age Requirements

You must be at least 13 years old to use our services. To enter into binding agreements, make purchases, or manage billing, you must be 18 years or older. Users under 18 may only purchase or manage paid services with explicit parental or legal guardian consent.

4. Payments, Billing & Credit

4.1 Hosting Services (Prepaid & Contract)

  • All hosting services are billed upfront unless otherwise agreed in writing.
  • Hosting services will only activate after full, confirmed receipt of payment.
  • Game server hosting is eligible for a refund within 48 hours of purchase; refunds are issued exclusively as account credit.
  • No refunds are offered for VPS hosting, dedicated servers, database hosting, domains, or any infrastructure-based service.
  • Account credit is always non-refundable and non-transferable.
  • Chargebacks or payment disputes result in immediate termination and may lead to legal action if required.
  • Hosting-related data is retained for 7 calendar days after service expiration. After this period, all data is permanently and irreversibly deleted.

4.2 Studio Services (Development / Creative Work)

  • All development, design, and custom studio services are non-refundable under all conditions.
  • These services are custom-made and performed specifically upon request, and therefore carry no refund or reversal eligibility.
  • Work begins only after payment or agreed deposit has been received.

5. Service Access, Uptime & Maintenance

We target a monthly uptime of 99.7% for our hosting infrastructure. Uptime is calculated solely based on our internal monitoring systems. If uptime falls below this level due to issues originating from our infrastructure, customers may request pro-rated non-cash service credits, capped at 100% of the monthly fee.

The following do not count toward downtime:

  • Scheduled or emergency maintenance
  • Customer-caused issues, misconfigurations, or overloaded services
  • Third-party provider failures or upstream outages
  • Network attacks, DDoS events, or external routing issues
  • Outages affecting fewer than 2% of users

We reserve the right to suspend or terminate services for abuse, illegal activity, infrastructure risk, or security concerns.

6. Resource Usage & Fair Use Policy

We operate under a fair usage policy. Excessive or harmful resource consumption may result in throttling, limitations, or suspension. Hosting services, including VPS, KVM, and dedicated servers, may not be used as proxy routing points, tunneling nodes, or for any similar traffic redistribution purpose.

Any free or included resources provided by Allay Studios - including but not limited to databases, storage, networks, or compute - must be used primarily within Allay infrastructure. At least 50% of usage must occur on services hosted with Allay. External routing or directing the majority of resource load outside our infrastructure is prohibited.

Abuse of free or included resources, including exceeding soft or hard resource caps, may result in throttling, suspension, or termination of those resources without notice.

7. Prohibited Use

You agree not to use any Allay Studios service for:

  • Malware, DDoS tools, or illegal material
  • Unauthorized access attempts ("hacking")
  • Cryptocurrency mining without written permission
  • Network abuse, scanning, or exploitation attempts
  • Proxy routing, tunneling, or anonymization services
  • Any activity violating local, national, or international law

8. 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.

9. Modifications to Terms

These Terms may be updated at any time with or without notice. It is your responsibility to stay up to date with the Terms of Service, and your continued use of our services after any updates constitutes acceptance of the revised Terms.

10. Liability Disclaimer

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.

11. 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.

12. Support Policy

We provide full support for hosting-related issues such as network availability, hardware, control panels, and service uptime. However, customers are responsible for their own software environments, including game server configurations, plugins, mods, third-party files, or performance issues originating from software choices. Our team may offer optional guidance at its discretion but is not obligated to provide software-level support.

13. 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.

14. 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.

15. Export Controls & Sanctions

You may not use our services in violation of applicable sanctions or export laws.

16. 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.

17. Contact

For support: [email protected]
For legal inquiries: [email protected]

Last updated: September 13, 2025