Terms of Service and License Agreement

1. Who we are and what this covers

SurvivePanel is provided by Shasta Technology Services LLC (“we”, “us”). SurvivePanel is a hosted web panel and Discord bot for game communities, together with the software we provide to run alongside your game server: the server agent, the in-game scripts and anything else you download from us (the “Software”). The hosted panel, the bot and the Software together are the “Service”.

This agreement is between us and the person or organization that signs up for the Service (“you”). If you sign up for an organization, you confirm you may bind it. By creating an account, paying for a subscription or using the Service, you agree to these terms.

2. Definitions

“Community” means the game servers, Discord server and people you run the Service for. “Players” are the members of your Community who use the player-facing parts of the Service. “Staff” are the people you give admin access. “Customer Data” means the data you, your Staff and your Players put into the Service, and the data the Service reads from your game server and Discord server on your behalf.

3. The license we grant you

While your subscription is active and you keep to this agreement, we grant you a limited, non-exclusive, non-transferable and non-sublicensable license to:

• use the hosted panel and bot for your Community;
• install and run the Software on machines you control, only to use the Service;
• let your Staff and Players use the Service as part of your Community.

Everything not expressly granted is reserved. The Software is licensed, not sold.

4. What you may not do

You may not, and may not let anyone else:

• copy, modify, sell, rent, sublicense or redistribute the Service or the Software, or use them to provide a hosting service to others;
• reverse engineer, decompile or disassemble the Software, except where the law allows it despite this term;
• get around usage limits, access controls or security measures, or probe the Service for weaknesses without our written permission;
• use the Service to break the law, to harm other communities or their players, or to cheat in games you do not run;
• upload malware, or use the Service to send spam or unwanted messages;
• share accounts, or give access to people who are not part of your Staff.

Scripts you run on your game server through the Service (for example SQF scripts) are yours: you are responsible for what they do.

5. Your responsibilities

• You run and are responsible for your game server, its game and mod licenses, and its own database and backups. Our backups cover the Service's data, not your game server.
• You follow the terms of the platforms you use with the Service, including Bohemia Interactive's terms for Arma and DayZ, Discord's Terms of Service and Developer Policy, and the rules of your hosting provider.
• You are responsible for your Community's data. You decide what is collected about your Players, you tell them how it is used, and you get any consent the law requires. We process it for you as described in our Privacy Policy.
• You keep the credentials you give the Service (database logins, RCON passwords, bot tokens) and your Staff accounts secure, and tell us promptly if you think one has been compromised.
• You are responsible for what your Staff and Players do through the Service.

6. Fees and payment

• Paid plans are billed in advance, monthly or yearly, through our payment processor. By subscribing you authorize us to charge your payment method for each period until you cancel.
• Subscriptions renew automatically. You can cancel at any time; cancellation takes effect at the end of the period you have paid for.
• Prices do not include taxes unless stated. You pay the taxes that apply to your purchase.
• We may change prices with at least 30 days' notice. A new price applies from your next renewal after the notice period.
• If a payment fails we will tell you and retry. If it is still unpaid after 14 days, we may suspend the Service until it is paid.
• Fees are non-refundable, except where the law requires a refund or we agree to one in writing.

7. Trials and previews

We may offer free trials or early versions of features. They are provided as they are, may change or end at any time, and are not covered by any commitment in section 11.

8. Customer Data

• You keep all rights in your Customer Data. You grant us the rights we need to host, copy, process and display it to provide, secure and support the Service.
• We do not sell Customer Data, and we do not use it to advertise to your Players.
• You can export your Customer Data while your subscription is active.
• After your subscription ends we keep your Customer Data for 30 days so you can come back or take an export, and then delete it. Copies in backups are deleted as those backups expire, within 30 more days [confirm].

9. Third-party services

The Service works with services we do not control, including Discord, your game server and its software, our payment processor, email and hosting providers. Your use of them is governed by their own terms. We are not responsible for them, and a change on their side can affect the Service.

SurvivePanel is not affiliated with or endorsed by Bohemia Interactive or the DayZ Epoch team. Arma and DayZ are trademarks of Bohemia Interactive a.s.

10. Our intellectual property

We and our licensors own the Service, the Software, the documentation and our trademarks. If you send us suggestions or feedback, we may use them without any obligation to you.

11. Availability, support and changes

• We work to keep the Service available and your data safe, but we do not promise uninterrupted or error-free service unless we agree to a service level in writing.
• We may need maintenance windows; we try to schedule them when communities are quiet and to announce planned ones in advance.
• We improve the Service over time and may add, change or remove features. We will tell you in advance before a change that substantially reduces what your plan includes.

12. Suspension and termination

• You can stop using the Service and cancel at any time.
• We may suspend or end your access if you break this agreement, do not pay, put the Service or others at risk, or if the law requires it. Where we reasonably can, we will tell you first and give you a chance to fix the problem.
• When the agreement ends, your license ends and you must stop using the Software. Sections 4, 8, 10 and 13 to 18 continue to apply.

13. Disclaimer

Except as expressly stated in this agreement, the Service and the Software are provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Game servers, missions and mods differ widely; we do not warrant that every feature works with yours, or that no game data will ever be lost.

14. Limitation of liability

To the extent the law allows: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised they were possible; and (b) our total liability arising out of or relating to this agreement is limited to the fees you paid us in the 12 months before the event giving rise to the claim, or US$100 if you paid nothing.

15. Indemnity

You will defend and indemnify us against claims by third parties, including your Players, arising from your Community, your Customer Data, the scripts you run, or your breach of this agreement or of the terms of the third-party services you use with the Service.

16. Governing law and disputes

This agreement is governed by the laws of the State of California, without regard to its conflict-of-law rules. The state and federal courts located in Shasta County, California have exclusive jurisdiction [confirm]. Before starting a claim, each party will first try to resolve the dispute informally for 30 days after written notice.

17. Changes to these terms

We may update these terms. For a material change we will give at least 30 days' notice by email or in the panel. If you keep using the Service after the change takes effect, the new terms apply; if you do not agree, you may cancel.

18. General

This agreement is the entire agreement between you and us about the Service. If a part of it cannot be enforced, the rest still applies. Not enforcing a term is not a waiver. You may not assign this agreement without our consent; we may assign it to a successor of our business. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you go to the email address on your account; notices to us go to hello@survivepanel.com.