Terms of Service

1. Eligibility and authority

You must be at least 18 years old, or the age of majority where you live if that is higher, to create an account or run a store on the Service. If you use the Service on behalf of a business, server, network or other organisation, you confirm that you have authority to bind it to these Terms, and "you" includes that organisation.

2. What the Service is, and what it is not

The Service hosts and renders storefront websites for game servers that sell through third-party commerce platforms such as Tebex and PayNow (each a "Commerce Provider"). It provides themes, an editor, analytics and related tools.

Coldfire is not a payment processor, merchant of record, reseller or marketplace. Baskets, checkout, payments, refunds, chargebacks, taxes, payouts and delivery of purchases are handled by your Commerce Provider under its own terms, and every sale is between you, your customer and that Commerce Provider. We are not a party to those transactions and are not responsible for them.

3. Beta service

The Service is currently offered as a beta. Features may be incomplete, changed, limited or removed at any time, and the Service may contain errors, experience interruptions or lose data. You use the beta at your own risk and should not rely on it as your only copy of any content or configuration.

4. Your account and credentials

You sign in with a third-party identity provider (currently Google). You are responsible for keeping that account secure and for all activity that happens under your account.

To connect a store you give us credentials for your Commerce Provider, such as API tokens, private keys and plugin secrets ("Credentials"). You confirm that you are authorised to share them, and you are responsible for their scope, for rotating or revoking them, and for any use of them. You agree to tell us promptly at business@coldfiredzn.com if you believe your account or Credentials have been compromised. We are not liable for any loss arising from unauthorised use of your account or Credentials, except to the extent it is caused directly by our gross negligence or wilful misconduct.

5. Your store and your content

You keep ownership of the content you add to the Service, including text, images, logos, pages and settings ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, display and transmit Your Content as needed to operate, secure and improve the Service.

You are solely responsible for your store and Your Content, including: the products and services you sell and how you describe and price them; compliance with every law that applies to you and your customers (including consumer-protection, tax, gambling, advertising and data-protection laws); your own terms of sale, refund policy and privacy notice to your customers; customer support; and compliance with your Commerce Provider's terms and with the rules of any game or platform your store relates to, such as a game publisher's end user licence agreement or commercial usage guidelines.

6. Acceptable use

You agree not to, and not to let anyone else:

• use the Service for anything unlawful, fraudulent, deceptive or harmful, or to sell anything you are not allowed to sell;
• upload or link to content that infringes anyone's rights, or that is defamatory, hateful, sexually explicit involving minors, or otherwise objectionable;
• distribute malware, phish, impersonate others, or collect other people's data without permission;
• probe, scan, test, overload or disrupt the Service or its infrastructure, or bypass any security, rate limit, access control or licence check;
• copy, resell, sublicense, reverse engineer or build a competing product from the Service or its themes, except where the law expressly allows it; or
• access the Service by automated means other than through features we provide.

We may remove content, suspend stores or take any other action we consider appropriate if we believe these rules have been broken.

7. Themes and intellectual property

The Service, its software, designs and themes, and our names and logos, are owned by Coldfire or its licensors and are protected by intellectual-property laws. Subject to these Terms, we give you a limited, revocable, non-exclusive, non-transferable right to use the Service and the themes available to your account, only for your own stores on the Service.

Themes are licensed, not sold. A theme bought on a third-party marketplace such as BuiltByBit is also subject to that marketplace's licence, and access through the Service may depend on that licence staying valid. Nothing in these Terms transfers ownership of any theme to you.

8. Third-party services

The Service relies on and links to services we do not control, including Commerce Providers, identity providers, marketplaces, hosting and network providers, and font and content delivery services. Your use of them is governed by their own terms and privacy policies. We are not responsible for their availability, accuracy, security, acts or omissions, including any change to or shutdown of an API the Service depends on.

9. Plans and fees

The Free plan is provided without charge. We may introduce or change paid plans, features and prices; we will tell you before any change that requires you to pay for something you currently get for free. Paid plans, when available, will be billed as described at the time of purchase. Except where the law requires otherwise, fees are non-refundable and you are responsible for any applicable taxes.

10. Changes, suspension and termination

We may change, suspend or discontinue all or part of the Service at any time, with or without notice. We may suspend or terminate your access, or remove any store, at any time and for any reason, including if we believe you have broken these Terms, if required by law or a third party we rely on, or to protect the Service or other users.

You may stop using the Service at any time. When your access ends, your stores stop being served and we may delete Your Content and account data after a reasonable period, subject to our Privacy Policy. Sections 5, 7, 11 to 18 and any other terms that by their nature should survive will survive termination.

11. Your data and backups

Your products, customers, orders and payments live with your Commerce Provider, not with us. You are responsible for keeping your own copies of Your Content and of anything else you need. We do not promise to back up, retain or restore any data, and we are not liable for any loss or corruption of data.

12. Security

We take reasonable steps to protect the Service, including encrypting stored Credentials. However, no website, network, software or storage system is completely secure, and we do not guarantee that the Service, Your Content, your Credentials or any other information will be free from unauthorised access, disclosure, alteration, loss or destruction, whether caused by attackers, vulnerabilities, our providers, errors or anything else.

You acknowledge and accept that risk. To the maximum extent permitted by law, Coldfire is not liable for any loss or damage of any kind arising from or relating to any security incident, data breach, unauthorised access or compromise of Credentials, including any resulting fraudulent transactions, chargebacks, lost sales or harm to your customers, except to the extent the loss is caused directly by our gross negligence or wilful misconduct. Where the law requires us to notify you of a security incident affecting your personal data, we will do so as required.

13. Disclaimer of warranties

To the maximum extent permitted by law, the Service, the themes and everything provided through them are provided "as is" and "as available", with all faults and without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, timely, secure, error-free or free of harmful components, that defects will be corrected, that analytics, suggestions or other information will be accurate or complete, or that the Service will produce any particular sales or results.

14. Limitation of liability

To the maximum extent permitted by law, in no event will Coldfire, or its owners, contractors, affiliates, licensors or suppliers, be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, sales, business, goodwill, data or customers, or the cost of substitute services, arising out of or relating to the Service or these Terms, however caused and under any theory of liability (including contract, tort, negligence, strict liability or otherwise), even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim, and (b) fifty U.S. dollars (US$50).

These limits apply even if a remedy fails of its essential purpose, and they form an essential basis of the bargain between you and us. Some jurisdictions do not allow certain warranties or liabilities to be excluded or limited; in those places, the exclusions and limits above apply to the greatest extent the law allows, and nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for fraud, or for death or personal injury caused by negligence.

15. Indemnification

To the maximum extent permitted by law, you will defend, indemnify and hold harmless Coldfire and its owners, contractors, affiliates, licensors and suppliers from and against any claims, losses, damages, liabilities, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to: your store or Your Content; the products, services or transactions you offer through it; your dealings with your customers or Commerce Provider; your Credentials or account; your breach of these Terms; or your violation of any law or third-party right.

16. Disputes

If you have a dispute with us, please contact us first at business@coldfiredzn.com so we can try to resolve it informally; you agree to give us at least 30 days to do so before starting any formal proceeding. To the extent permitted by law, any claim must be brought within one (1) year after it arises, and claims may only be brought individually and not as a plaintiff or class member in any class, collective or representative proceeding.

17. Governing law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of [YOUR STATE AND COUNTRY], without regard to its conflict-of-laws rules, and the courts located there will have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent court. If you are a consumer, this does not take away any protection you have under the mandatory laws of the country where you live.

18. General

We may update these Terms from time to time. We will post the new version here and update the date above, and where a change is material we will make reasonable efforts to tell you in advance. Continuing to use the Service after a change takes effect means you accept the updated Terms.

These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Service. If any part is found unenforceable, it will be enforced to the maximum extent possible and the rest will stay in effect. Our failure to enforce any part is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, sale of assets or otherwise. We are not liable for any delay or failure caused by events beyond our reasonable control, including outages or attacks affecting our providers, the internet or Commerce Providers. Nothing in these Terms creates any partnership, agency or employment relationship.

Questions about these Terms? Contact us at business@coldfiredzn.com.