Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Pink Narwhal platform, website, and related services (collectively, the "Service") operated by Pink Narwhal ("we", "us", "our"). Please read these Terms carefully before using the Service.

By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 16 years of age (or 13 in jurisdictions where that is the applicable minimum) to use the Service. By using the Service, you represent and warrant that you meet the applicable age requirement and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and "you" refers to both you individually and the organisation.

2. Accounts

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorised use of your account
• Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms, contain false information, or have been inactive for an extended period.

3. Organisations

The Service allows you to create or join organisations for shared management of backups and subscriptions. Organisation administrators are responsible for managing members, roles, and permissions within their organisation.

If you are an organisation administrator, you are responsible for ensuring that all members comply with these Terms. We are not responsible for disputes between organisation members regarding access, permissions, or data management.

4. Subscriptions and Billing

4.1 Plans and Pricing

The Service is offered through subscription plans with varying features and limits. Current pricing is displayed on our website and is subject to change. We will notify you of any price changes before they take effect on your next billing cycle.

4.2 Billing

• Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your chosen plan).
• Payment is processed by our third-party payment provider. By subscribing, you authorise us to charge your payment method on each billing cycle.
• All fees are stated in the currency displayed at the time of purchase and are exclusive of any applicable taxes unless otherwise stated.

4.3 Cancellation and Refunds

• You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period; you will retain access to the Service until then.
• We do not provide refunds for partial billing periods, except where required by applicable law.
• If you are in the EU, you may have the right to a refund within 14 days of purchase if you have not used the Service, in accordance with the Consumer Rights Directive. By using the Service immediately upon purchase, you acknowledge that you may lose this right.

4.4 Free Plans

If we offer a free plan or trial, it is provided "as is" and may be modified or discontinued at any time without notice. We reserve the right to impose limits or convert free plans into paid plans with reasonable notice.

5. Third-Party API Credentials

To provide backup and restore functionality, you may store API keys or access tokens for third-party game server management platforms (such as Pterodactyl panel client API keys) within the Service.

• You are solely responsible for the API credentials you provide and for ensuring you have the right to use them.
• You represent and warrant that providing your API credentials to us does not violate any agreement between you and the third-party platform or hosting provider.
• We use your API credentials exclusively to perform the backup and restore operations you request or schedule. We do not use them for any other purpose.
• You should use API keys with the minimum permissions necessary for the Service to function. We are not liable for any consequences resulting from the use of overly permissive API keys.
• You may revoke or delete your stored credentials at any time. Upon deletion, we will cease all operations that require those credentials.

6. Backups and Data

6.1 Backup Service

The Service provides automated and on-demand backup and restore functionality for game server files. Backups are compressed and stored in cloud object storage.

6.2 No Guarantee of Data Integrity

While we take reasonable steps to ensure the reliability of our backup and restore processes, we do not guarantee that:

• Backups will always complete successfully
• Backup data will be free from corruption
• Restores will always return your server to its exact prior state
• The Service will be available without interruption

You are responsible for maintaining independent backups of critical data. The Service is intended to supplement, not replace, other backup practices.

6.3 Data Retention

Backup data is retained in accordance with your subscription plan. Upon cancellation or termination of your account, we will delete your backup data within 30 days unless otherwise required by law.

6.4 Your Content

You retain all ownership rights to the data backed up through the Service ("Your Content"). By using the Service, you grant us a limited licence to store, process, and transmit Your Content solely for the purpose of providing the backup and restore service.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, national, or international law or regulation
• Back up, store, or transmit content that is illegal, infringing, defamatory, or otherwise objectionable
• Use API credentials that you do not have authorisation to use
• Attempt to gain unauthorised access to the Service, other accounts, or any systems or networks connected to the Service
• Interfere with or disrupt the Service or its infrastructure
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Use the Service to compete directly with Pink Narwhal or to build a similar or competing product
• Resell, sublicence, or provide access to the Service to third parties without our prior written consent
• Use automated means (bots, scrapers, crawlers) to access the Service beyond normal API usage
• Circumvent any rate limits, security measures, or access controls implemented by the Service

We reserve the right to investigate and take appropriate action against any violations, including suspension or termination of your account.

8. Intellectual Property

The Service, including its design, code, branding, documentation, and all associated intellectual property, is owned by Pink Narwhal and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service in accordance with these Terms. This licence does not grant you any rights to our trademarks, logos, or brand assets.

9. 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 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY BACKUP OR RESTORE OPERATION WILL COMPLETE SUCCESSFULLY OR THAT BACKUP DATA WILL BE FREE FROM CORRUPTION OR LOSS.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you, and you may have additional rights under applicable consumer protection laws.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PINK NARWHAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of data, profits, revenue, or business opportunities
• Loss of or damage to game server data or configurations
• Downtime of your game servers or third-party platforms
• Costs of procurement of substitute services
• Any damages arising from backup failure, data corruption, or unsuccessful restores

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Pink Narwhal and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your use of third-party API credentials in connection with the Service
• Your violation of any third-party rights
• Any content you back up, store, or transmit through the Service

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Grounds for termination include but are not limited to:

• Violation of these Terms or our Acceptable Use policy
• Non-payment of subscription fees
• Fraudulent or illegal activity
• Extended periods of inactivity
• Request by law enforcement or government agencies

Upon termination, your right to use the Service ceases immediately. We will delete your backup data and stored API credentials within 30 days of termination, unless retention is required by law.

You may terminate your account at any time by cancelling your subscription and deleting your account through the Service.

13. Third-Party Services

The Service integrates with or relies on third-party services for functionality such as authentication, payment processing, cloud storage, analytics, and game server management. We are not responsible for the availability, accuracy, or practices of any third-party services.

Your use of third-party services is governed by their respective terms of service and privacy policies. We encourage you to review those terms.

14. Governing Law and Disputes

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles, unless mandatory local consumer protection laws in your jurisdiction provide otherwise.

14.2 Dispute Resolution

If a dispute arises, we encourage you to contact us first to seek an informal resolution. If we cannot resolve the dispute informally within 30 days, either party may pursue formal proceedings.

14.3 Jurisdiction

Subject to any mandatory local consumer protection laws, any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer in the EU, you may also bring proceedings in the courts of your country of residence. If you are in the EU, you may also use the European Commission's Online Dispute Resolution platform.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by posting the updated Terms on our website with a revised "Last updated" date and, where appropriate, by email or through a notice on the Service.

Your continued use of the Service after the revised Terms take effect constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and cancel your account.

16. General Provisions

• Entire agreement — These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pink Narwhal regarding the Service.
• Severability — If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver — Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment — You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force majeure — We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or failures of third-party services.

17. Contact Us

If you have any questions about these Terms, please contact us.