Terms of Service

1. Acceptance of Terms

By accessing or using the Flute CMS platform, website, marketplace, and any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. These Terms constitute a legally binding agreement between you ("User", "you", or "your") and Flute CMS ("Company", "we", "us", or "our"). If you do not agree to these Terms, you must immediately cease using the Service.

You must be at least 18 years of age or the age of majority in your jurisdiction to use this Service. By using the Service, you represent and warrant that you meet these eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Service" refers to the Flute CMS platform, including the website, marketplace, downloadable software, modules, templates, documentation, and all related services.
• "Content" refers to any software, code, text, graphics, images, audio, video, or other materials uploaded, downloaded, appearing on, or otherwise accessible through the Service.
• "User Content" refers to any Content that Users submit, upload, or transmit to or through the Service.
• "Products" refers to modules, templates, plugins, themes, and any other digital goods available for purchase or download through the marketplace.
• "License" refers to the limited, non-exclusive right granted to use Products in accordance with these Terms.
• "Account" refers to the registered user profile created through Discord OAuth authentication.

3. Description of Service

Flute CMS provides a comprehensive content management system designed specifically for gaming communities, with particular focus on Counter-Strike 2, CS:GO, and CS 1.6 servers. The Service includes:

• A fully-featured content management system for creating and managing gaming community websites
• A digital marketplace for purchasing, selling, and distributing modules and templates
• Free and premium modules to extend platform functionality
• Pre-designed website templates and themes
• Ongoing software updates, security patches, and feature enhancements
• Community support through our official Discord server
• Developer APIs and documentation for custom integrations
• Self-hosted deployment options with full control over your data

4. User Accounts and Registration

To access certain features of the Service, you must create an Account. By creating an Account, you agree to:

• Authenticate exclusively through Discord OAuth 2.0 protocol
• Ensure all account information is accurate, complete, and current
• Maintain the confidentiality and security of your Account credentials
• Accept full responsibility for all activities occurring under your Account
• Immediately notify us of any unauthorized access or security breach
• Maintain only one Account per individual or organization

We reserve the right to suspend, disable, or terminate your Account at our sole discretion, with or without notice, for conduct that we determine violates these Terms, is harmful to other Users, or is harmful to our business interests.

5. Purchases, Payments, and Licensing

When purchasing Products through our marketplace, you acknowledge and agree to the following terms:

• All purchases grant a limited, non-exclusive, non-transferable license to use the Product
• You do not acquire any ownership rights in the Products; all intellectual property rights remain with the respective authors
• Licenses are personal and tied to your Account; they may not be sold, transferred, sublicensed, or assigned to third parties
• License includes access to minor updates and bug fixes for the purchased version
• Major version upgrades may require additional purchase at a discounted rate
• Each license permits use on the number of sites specified at purchase (typically one site per license unless otherwise stated)
• You may modify Products for personal use but may not redistribute modified versions

Refund Policy

We offer refunds under the following conditions:

• Refund requests must be submitted within 14 days of purchase
• The Product must not have been downloaded or activated
• Technical issues must be reported and remain unresolved after reasonable support attempts
• All refund requests are subject to review and approval at our discretion
• Approved refunds will be processed within 5-10 business days to the original payment method

6. Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Reselling, redistributing, sublicensing, or commercially exploiting Products without authorization
• Reverse engineering, decompiling, disassembling, or attempting to derive source code from obfuscated Products
• Circumventing, disabling, or interfering with security features or license verification systems
• Using the Service to create, store, or distribute malware, viruses, or harmful code
• Impersonating any person or entity, or falsely claiming affiliation with any person or entity
• Sending unsolicited communications, advertisements, or promotional materials
• Automated scraping, harvesting, or extraction of data from the Service
• Interfering with or disrupting the Service, servers, or networks
• Using the Service for any unlawful purpose or in violation of applicable laws
• Engaging in fraudulent transactions, chargebacks, or payment disputes in bad faith
• Creating multiple accounts to circumvent restrictions or abuse promotional offers
• Distributing, promoting, or using nulled, pirated, or unauthorized copies of Products

7. Intellectual Property Rights

All Content included in or made available through the Service, including but not limited to software, text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of Flute CMS, its licensors, or respective content owners and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Flute CMS name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Flute CMS. You may not use such marks without our prior written permission.

By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with the Service.

8. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Flute CMS. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties. We strongly advise you to read the terms and conditions and privacy policies of any third-party services you visit or use.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that: (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLUTE CMS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims exceed the amount you paid to us, if any, during the twelve (12) months preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Flute CMS, its directors, officers, employees, agents, contractors, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including but not limited to attorney's fees) arising from:

• Your violation of these Terms
• Your User Content
• Your use of the Service
• Your violation of any third party right, including any intellectual property or privacy right

12. Termination

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

Upon termination: (a) your right to use the Service will immediately cease; (b) we may delete or deactivate your Account and all related information and files; (c) sections of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration or in courts of competent jurisdiction.

YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.

14. Modifications to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Waiver

The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

17. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and Flute CMS concerning the Service. These Terms supersede any prior agreements or communications between you and us regarding the Service.

18. Contact Information

If you have any questions about these Terms of Service, please contact us through the following channels:

• Email: [email protected]
• Discord Community Server: discord.gg/BcBMeVJJsd
• GitHub Issues and Discussions: github.com/Flute-CMS/cms