Terms of Service

1.Agreement to these terms

These Terms of Service (“Terms”) are an agreement between you and [Company legal name], [e.g. a Delaware limited liability company] (“SpawnJet”, “we”, “us”). They govern your use of the SpawnJet website, dashboard, APIs and game-server hosting (together, the “Service”).

By creating an account or using the Service, you agree to these Terms and to the policies they reference: the Privacy Policy, Fair Use Policy, Acceptable Use Policy and Copyright & DMCA Policy. If you use the Service on behalf of an organization, you agree on its behalf and confirm you have authority to do so. If you don't agree, don't use the Service.

2.Eligibility and accounts

You must be at least 13 years old to use the Service, or at least 16 in a country that sets a higher age for consenting to online services. If you are under 18, a parent or legal guardian must agree to these Terms on your behalf and is responsible for your use. You must be at least 18 to purchase a paid plan.

You're responsible for your account, keeping your sign-in credentials secure, and everything that happens under your account. Provide accurate information and tell us promptly at support@spawnjet.com if you believe your account has been compromised.

3.Early access

SpawnJet is currently in early access. During early access, features may be incomplete, change without notice, or be removed; servers may be interrupted, reset or unavailable; and data may be lost. We may limit, pause or end early access at any time. Early-access features are provided “as is” and are excluded from any service-level commitments.

Keep your own backups of anything you can't afford to lose.

4.The Service

SpawnJet lets you create and run multiplayer game servers. We choose and manage the underlying infrastructure, including where servers run and the compute, memory and storage assigned to them.

Sleeping and waking

To keep the Service affordable, servers go to sleep after a period with no connected players (currently [15] minutes) and wake when a player connects or you start them. Waking takes time, so the first player to connect may wait. Your server's files are kept while it sleeps.

Regions and performance

Regions are offered subject to capacity, and we may move a server between locations within a region to operate the Service. Latency, wake time and performance depend on factors we don't control, including your players' networks, and are not guaranteed.

Changes

We may change, add or remove features. If we remove a feature that is material to a paid plan, we'll give you reasonable notice where practical.

5.Plans, fees and billing

Some plans are free during early access. When paid plans are available, the price, billing period and plan limits will be shown before you subscribe.

• Automatic renewal. Paid plans renew automatically at the end of each billing period at the then-current price until you cancel. We'll remind you before renewal where required by law.
• Cancellation. You can cancel anytime from your account settings. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Refunds. Except where required by law, fees are non-refundable and we don't provide refunds or credits for partial periods.
• Price changes. We'll give at least 30 days' notice before a price increase takes effect for your plan. If you don't agree, you can cancel before it applies.
• Taxes. Prices exclude applicable taxes unless stated otherwise. You're responsible for taxes associated with your purchase, other than taxes on our income.
• Failed payments. If a payment fails, we may suspend paid features after notice until the balance is paid.

6.Unlimited servers and plan limits

Plans that include “unlimited servers” place no cap on the number of servers you create. Each plan does have limits on storage, data transfer and compute resources, shared across all of your servers, and is subject to the Fair Use Policy. If your use exceeds your plan's limits, we may ask you to reduce usage or change plans, or we may limit, pause or sleep servers as described in that policy.

7.Your content

“Your Content” means the files, worlds, configurations, resources, mods, databases and other material you or your players upload to or create on your servers. You keep all rights to Your Content.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, back up and process Your Content only as needed to provide, secure and support the Service. This license ends when Your Content is deleted from the Service, except for copies kept in backups for a limited period or as required by law.

You're responsible for Your Content and confirm you have the rights needed to use it, including licenses for any third-party resources, mods, maps or assets you install.

8.Third-party games and platforms

SpawnJet hosts servers for games and platforms owned by others, including FiveM (Cfx.re), Grand Theft Auto V (Rockstar Games) and Minecraft (Mojang / Microsoft). SpawnJet is not affiliated with, endorsed by or sponsored by any of them.

• You must comply with the terms, license agreements and usage or monetization rules that apply to each game and platform you run, including any requirement to obtain a server license key from the platform.
• Your players must own a legitimate copy of the game they play on your server.
• We may suspend or remove a server if a game publisher or platform requires it, or if running it would breach their terms.
• Changes by publishers or platforms may affect the Service or your servers. We aren't responsible for third-party games, platforms, mods or services.

9.Acceptable use and your players

You must follow the Acceptable Use Policy. You're responsible for your servers and the communities on them, including setting and enforcing rules for your players and complying with laws that apply to you as a server operator, such as privacy laws if you collect information about your players.

10.Suspension and termination

You can stop using the Service and close your account at any time. We may suspend or terminate your access, or remove a server or content, if you breach these Terms or our policies, if required by law or by a game publisher or platform, if your use creates risk or harm to SpawnJet, other customers or third parties, or if we stop offering the Service. Where reasonable, we'll give notice and a chance to fix the issue first.

After your account is closed, we keep your server data for [30] days so you can request an export, and then delete it, except where we must keep it by law. Sections that by their nature should survive termination will survive.

11.Copyright complaints

We respond to notices of alleged copyright infringement and terminate repeat infringers in appropriate circumstances. See the Copyright & DMCA Policy.

12.Our property and feedback

The Service, including our software, design and brand, belongs to SpawnJet and its licensors and is protected by law. These Terms don't grant you rights in it other than the right to use the Service as allowed here. If you send us feedback or suggestions, we may use them without obligation to you.

13.Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't warrant that the Service will be uninterrupted, secure or error-free, that servers will wake within any particular time, or that data will not be lost.

14.Limitation of liability

To the fullest extent permitted by law, SpawnJet will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or related to the Service or these Terms. Our total liability for all claims relating to the Service or these Terms is limited to the greater of the amounts you paid us for the Service in the 12 months before the claim arose, or [US$50].

Some jurisdictions don't allow certain exclusions or limits, so some of the above may not apply to you. Nothing in these Terms limits liability that can't be limited by law, or your rights as a consumer under mandatory law.

15.Indemnity

To the extent permitted by law, you will defend and indemnify SpawnJet against third-party claims, and related losses and costs (including reasonable legal fees), arising from Your Content, your servers, your players' use of your servers as allowed by you, or your breach of these Terms or applicable law.

16.Governing law and disputes

These Terms are governed by the laws of [State], excluding its conflict-of-laws rules. Courts in [County and State for court proceedings] have exclusive jurisdiction over disputes arising from these Terms or the Service, and you and we consent to that jurisdiction. If you are a consumer in the EU or UK, you also benefit from the mandatory protections of the law of your country of residence and may bring proceedings there.

Before filing a claim, please contact legal@spawnjet.com so we can try to resolve the issue informally.

17.Changes to these terms

We may update these Terms. If a change is material, we'll notify you by email or in the dashboard at least 30 days before it takes effect, unless the change is required by law or addresses security or abuse. Continuing to use the Service after a change takes effect means you accept it. If you don't agree, stop using the Service and close your account.

18.General

• These Terms and the referenced policies are the entire agreement between you and us about the Service.
• If any part is found unenforceable, the rest remains in effect.
• Our failure to enforce a provision isn't a waiver of it.
• You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• We aren't liable for delays or failures caused by events beyond our reasonable control.
• Contact: [Company legal name], [Registered mailing address], legal@spawnjet.com.