Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "You", "Your") and Fallen Ultimate ("Company", "We", "Us", "Our") governing your access to and use of the Fallen Ultimate software, services, and related products (collectively, the "Service"). By accessing, purchasing, downloading, installing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately cease all use of the Service and may not access, purchase, or use any portion of the Service. Your continued use of the Service constitutes your acceptance of these Terms and any modifications thereto.

2. License Grant and Restrictions

Subject to your strict compliance with all terms and conditions set forth herein, Fallen Ultimate grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal or commercial use in accordance with these Terms. This license is a revocable privilege, not a right. We expressly reserve the right to revoke, suspend, or terminate this license at any time, with or without cause, with or without notice, at our sole and absolute discretion. You acknowledge and agree that this license does not grant you any ownership rights, title, or interest in the Service or any related intellectual property. All rights not expressly granted herein are reserved by Fallen Ultimate.

You may not, under any circumstances, copy, modify, adapt, alter, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service. You may not distribute, publish, sublicense, sell, rent, lease, assign, transfer, or otherwise commercially exploit the Service or any portion thereof. Any unauthorized use of the Service shall constitute a material breach of these Terms and may result in immediate termination of your license and potential legal action.

3. Payments and Refund Policy

All payments for access to the Service must be made in advance through our authorized payment processors. By completing a purchase, you authorize us to charge your chosen payment method for the full amount of the selected subscription or service. All fees are stated in United States Dollars (USD) and are non-refundable.

All sales are final. No refunds will be provided under any circumstances, including but not limited to: dissatisfaction with the Service, technical issues, changes to your circumstances, inability to use the Service, accidental purchases, or any other reason. Because the Service is a digital product and access is granted immediately upon purchase completion, all transactions are final and irreversible. You acknowledge and agree that by completing a purchase, you have received immediate value in the form of digital access to the Service, regardless of whether you actually utilize such access. We reserve the right to deny any refund request for any reason, and our decision regarding refunds is final and binding.

In the event of a payment failure, declined transaction, or insufficient funds, your access to the Service may be immediately suspended or terminated until such time as payment is successfully processed. You are solely responsible for ensuring that your payment information is accurate, current, and that sufficient funds are available to complete the transaction.

4. Issue Reporting and Support

Any technical issues, bugs, errors, malfunctions, or concerns regarding the Service must be reported to our support team within one (1) business day of the purchase date or the date such issue first became apparent, whichever is earlier. Issues reported after this one-business-day period may be ignored, refused, or addressed at our sole discretion without any obligation on our part. We are under no obligation to provide support, updates, bug fixes, or modifications to the Service beyond what we deem necessary in our sole judgment.

When reporting issues, you must provide detailed information including but not limited to: purchase confirmation details, account information, detailed description of the issue, steps to reproduce, error messages, system information, and any other relevant technical data we may request. Failure to provide complete and accurate information may result in our inability or refusal to address the reported issue.

5. Chargebacks, Payment Disputes, and Payment Reversals

By completing a purchase, you expressly agree that you will not initiate any chargeback, payment dispute, payment reversal, or similar action with your financial institution, credit card company, payment processor, or any third party. Any attempt to reverse, dispute, or chargeback a payment, whether successful or not, constitutes a material breach of these Terms and will result in immediate and permanent consequences as set forth below.

In the event of any chargeback, payment dispute, payment reversal, or similar action, whether initiated by you, your financial institution, or any third party, we reserve the right to take the following actions immediately and without notice: (a) immediate and permanent termination of your license and access to the Service; (b) permanent blacklisting of your account, IP address, hardware identifiers, email address, and all associated information from our systems; (c) prohibition from any future access to the Service or any other services we may offer; and (d) sharing of your information, including but not limited to your name, email address, IP address, hardware identifiers, payment information, transaction details, and account history, with payment processors, fraud prevention services, fraud databases (both internal and third-party), collection agencies, credit reporting agencies, and any other parties we deem necessary to address the dispute and prevent fraud.

You acknowledge and agree that initiating a chargeback or payment dispute constitutes a breach of contract and may result in legal action being taken against you to recover all costs, fees, damages, and expenses incurred as a result of such action, including but not limited to legal fees, administrative costs, chargeback fees, and any other related expenses. You further acknowledge that such actions may negatively impact your credit rating and financial standing.

6. License Termination and Revocation

We reserve the absolute and unconditional right to terminate, suspend, or revoke your license and access to the Service at any time, for any reason or no reason, with or without prior notice, at our sole and absolute discretion. Such termination may occur immediately and without warning in cases involving suspected fraud, violation of these Terms, abuse of the Service, or any other conduct we deem inappropriate or harmful.

Upon termination or revocation of your license, all rights granted to you under these Terms shall immediately cease, and you must immediately discontinue all use of the Service and delete all copies of the Service in your possession or control. You acknowledge and agree that a license to use the Service is a revocable privilege granted at our discretion, not a permanent right, and that we are under no obligation to continue providing access to you or any other user for any period of time.

Termination of your license does not relieve you of any obligations accrued prior to termination, including payment obligations, and you remain responsible for all charges incurred prior to termination. We shall not be liable to you or any third party for any damages, losses, or expenses arising from or related to the termination or revocation of your license.

7. User Representations and Warranties

By purchasing and using the Service, you represent and warrant that: (a) all information provided during registration and purchase, including but not limited to your name, email address, payment information, and any other required data, is accurate, truthful, current, and complete; (b) you are legally authorized and have the legal capacity to enter into this Agreement and to purchase and use the Service in your jurisdiction; (c) you are of legal age to form a binding contract in your jurisdiction (or, if you are a minor, you have obtained parental or guardian consent to enter into this Agreement); (d) your use of the Service will not violate any applicable laws, regulations, or third-party rights; (e) you have not been previously banned or terminated from using the Service or any related services; and (f) you will not use the Service for any illegal, fraudulent, or unauthorized purpose.

You acknowledge that providing false, inaccurate, or incomplete information constitutes a material breach of these Terms and may result in immediate termination of your license and potential legal consequences. You agree to promptly update your information if any changes occur.

8. Data Collection and Privacy

By using the Service, you acknowledge and consent to our collection, storage, processing, and use of certain information and data. We collect and store the following information: (a) IP address and associated geolocation data; (b) hardware identification numbers (HWID) and unique device identifiers; (c) system information, including but not limited to operating system, hardware specifications, and software configurations; (d) usage data, including login times, feature usage, session duration, and other usage patterns; (e) account information, including email address, username, and registration data; (f) payment and transaction information; and (g) other technical identifiers and metadata necessary for the operation and security of the Service.

This information is collected and used for the following purposes: (a) whitelisting and license verification to ensure authorized access to the Service; (b) anti-fraud detection and prevention; (c) abuse prevention and security enforcement; (d) license management and enforcement; (e) technical support and troubleshooting; (f) compliance with legal obligations; and (g) improving the Service and user experience. We may share this information with third-party service providers, payment processors, fraud prevention services, and law enforcement agencies as necessary or required by law.

You acknowledge that this data collection is essential for the operation and security of the Service and that refusal to provide necessary information may result in our inability to provide you with access to the Service.

9. Prohibited Uses and Activities

You expressly agree that you will not, under any circumstances: (a) share, distribute, resell, sublicense, rent, lease, or otherwise transfer or provide access to the Service to any third party; (b) attempt to bypass, circumvent, disable, or interfere with any licensing mechanisms, digital rights management (DRM), security features, or access controls; (c) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service; (d) modify, adapt, alter, or create derivative works based on the Service; (e) remove, alter, or obscure any proprietary notices, labels, or marks on the Service; (f) use the Service in any manner that violates applicable laws, regulations, or third-party rights; (g) use the Service to transmit any malicious code, viruses, or harmful content; (h) attempt to gain unauthorized access to our systems, networks, or other users' accounts; (i) use automated systems, bots, or scripts to access or interact with the Service without our express written permission; or (j) engage in any activity that could damage, disable, overburden, or impair the Service or interfere with other users' access to the Service.

Any violation of this section will result in immediate and permanent termination of your license, permanent blacklisting, and potential legal action. We reserve the right to take any legal or technical measures necessary to prevent or remedy prohibited uses, including but not limited to legal proceedings, cooperation with law enforcement, and sharing of your information with relevant authorities and third parties.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.

We make no representations or warranties regarding the uptime, availability, reliability, or performance of the Service. The Service may be subject to interruptions, maintenance, updates, or technical issues beyond our control. We do not guarantee that the Service will be compatible with your hardware, software, or network configuration. You acknowledge that you use the Service at your own risk and that we are under no obligation to provide updates, modifications, or technical support.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. However, to the fullest extent permitted by law, all warranties are disclaimed.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FALLEN ULTIMATE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

We shall not be responsible or liable for: (a) any damages, losses, or injuries resulting from your use or misuse of the Service; (b) loss of accounts, bans, suspensions, or other actions taken by third-party platforms or services; (c) data loss, corruption, or unauthorized access to your data; (d) interruption of business operations or loss of revenue; (e) any harm or damage to your computer, software, or other property; (f) unauthorized access to or alteration of your transmissions or data; or (g) any other indirect or direct harm arising from your use of the Service.

Our total cumulative liability to you for all claims arising out of or relating to the Service, regardless of the form of action, shall not exceed the total amount you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim, or one hundred dollars ($100.00), whichever is less. This limitation shall apply even if we have been advised of the possibility of such damages and regardless of whether any remedy provided herein fails of its essential purpose.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fallen Ultimate, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, damages, losses, costs, expenses (including reasonable attorney's fees), liabilities, and judgments arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable laws or regulations; (d) your violation of any third-party rights; or (e) any content or information you submit, post, or transmit through the Service. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.

13. Modifications to Terms and Service

We reserve the right, at our sole discretion, to modify, update, or change these Terms at any time without prior notice. Such modifications shall become effective immediately upon posting on our website or within the Service. Your continued use of the Service after any such modifications constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for any changes. If you do not agree to any modification of these Terms, you must immediately discontinue your use of the Service.

We also reserve the right to modify, suspend, discontinue, or restrict access to any portion of the Service at any time, with or without notice, for any reason or no reason, without liability to you or any third party.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the courts located in Malaga, Spain, and you hereby consent to the personal jurisdiction and venue of such courts. Any legal action, proceeding, or lawsuit arising out of or relating to these Terms or the Service must be brought exclusively in the courts of Malaga, Spain, and you irrevocably submit to the exclusive jurisdiction of such courts and waive any objection you may have to the laying of venue of any such action in such courts.

15. Severability and Entire Agreement

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. These Terms, together with any additional terms we may provide for specific features or services, constitute the entire agreement between you and Fallen Ultimate regarding the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, relating to the subject matter hereof.

16. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Service, you may contact us through our support channels or Discord server. However, please note that contacting us does not create any obligation on our part to respond, modify these Terms, or provide any remedy, and we reserve the right to address inquiries at our sole discretion.

17. Acknowledgement

BY ACCESSING, PURCHASING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT AND THAT YOUR USE OF THE SERVICE IS SUBJECT TO STRICT COMPLIANCE WITH ALL PROVISIONS HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE.