Terms of Service

1. Acceptance of Terms

By accessing or using our services, including but not limited to our Website, Game Servers, plugins, software solutions, and development services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

2. Company Services

Scala Studios LLC is a software development company specializing in Minecraft server solutions, including custom plugin development, server infrastructure, and related services. Our services include:

• Custom plugin development
• Server infrastructure solutions
• Technical consultation
• Ongoing support and maintenance

3. Intellectual Property Rights

3.1. All intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets in our services and deliverables remain the exclusive property of Scala Studios LLC.

3.2. Upon full payment of agreed-upon fees, clients are granted a non-exclusive, non-transferable license to use the deliverables for their intended purpose, subject to the following restrictions:

• Redistribution, resale, or sublicensing is strictly prohibited without written consent
• Modification of source code is permitted only as specified in individual service agreements
• Removal of copyright notices or attribution is prohibited

3.3. Prohibited Activities. The following activities are strictly prohibited and constitute a material breach of these Terms:

• Any attempt to modify, decompile, or alter the compiled JAR files provided as part of our services
• Reverse engineering, deobfuscating, or attempting to derive the source code of our software
• Using tools or methods to bypass license verification or security measures
• Distributing or sharing access to our software with unauthorized parties

3.4. Violation of these restrictions will result in immediate termination of services, revocation of licenses, and may lead to legal action. Scala Studios LLC reserves the right to pursue all available remedies for intellectual property infringement.

4. Payment and Billing

4.1. Payment terms are specified in individual service agreements. Unless otherwise stated:

• All fees are non-refundable
• Payment is required before delivery of final deliverables
• Recurring services are billed according to the agreed schedule

4.2. Late payments may result in service suspension and additional fees.

5. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information shared during the course of service provision. This includes but is not limited to source code, business processes, and client information.

6. Warranty and Liability

6.1. Disclaimer of Warranties

THE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCALA STUDIOS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
• FREEDOM FROM BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS
• THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED
• THAT DEFECTS WILL BE CORRECTED
• THAT THE SERVICES WILL MEET YOUR REQUIREMENTS

6.2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCALA STUDIOS LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES
• DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• DAMAGES IN ANY MANNER BASED ON THE RELIANCE ON OR USE OF INFORMATION OR CONTENT PRESENTED ON THE SERVICES

6.3. Limitation of Damages

IN ANY CASE, SCALA STUDIOS LLC'S AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO SCALA STUDIOS LLC FOR THE APPLICABLE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY, OR IF NO AMOUNT HAS BEEN PAID, $100 USD.

6.4. Essential Purpose

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SCALA STUDIOS LLC 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.

6.5. Acknowledgment

YOU EXPRESSLY ACKNOWLEDGE THAT YOU ASSUME ALL RISKS ASSOCIATED WITH USING OR RELYING ON THE SERVICES. SCALA STUDIOS LLC WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICES.

7. Termination

7.1. We reserve the right to terminate or suspend access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service.

7.2. Automatic Termination Events. Your license and access to our services will automatically terminate if you:

• Attempt to crack, deobfuscate, or reverse engineer our software
• Modify or tamper with provided JAR files
• Share or redistribute our software without authorization
• Breach any intellectual property restrictions

7.3. Upon termination, you must cease all use of our services and destroy any copies of our software in your possession. Scala Studios LLC reserves the right to deny future service to terminated users.

8. Indemnification

You agree to indemnify, defend, and hold harmless Scala Studios LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

• Any violation of these Terms by you
• Any activity related to your account (whether by you or by another person)
• Any use or misuse of the Services
• Any breach of your representations and warranties set forth in these Terms

9. Disputes and Binding Arbitration

9.1. Agreement to Arbitrate

YOU AND SCALA STUDIOS LLC AGREE TO RESOLVE ANY DISPUTES THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN THROUGH COURT PROCEEDINGS, EXCEPT AS SET FORTH BELOW UNDER EXCEPTIONS TO AGREEMENT TO ARBITRATE.

9.2. Arbitration Process

Any arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English and all proceedings shall take place in Flathead County, Montana. The arbitration may be conducted in person, through document submission, through telephone, or online.

9.3. Exceptions to Agreement to Arbitrate

Either party may bring a lawsuit in the courts of Missoula County, Montana for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.

9.4. No Class Actions

YOU AND SCALA STUDIOS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10. Governing Law and Jurisdiction

10.1. These Terms and any separate agreements shall be governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict of law provisions.

10.2. For any matters not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Missoula County, Montana. You waive any objection to venue in these courts.

10.3. Notwithstanding the foregoing, Scala Studios LLC retains the right to bring legal proceedings in any jurisdiction where it believes that infringement of its intellectual property rights is occurring.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Material changes will be notified through our website or via email. Your continued use of our services following any changes constitutes acceptance of those changes.