PKO Tweak Creator PKO Tweak Creator

TERMS OF USE

PKO Tweak Creator

Version 1.1 | Last Updated: February 1, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.

By accessing or using PKO Tweak Creator (the "Application," "Platform," or "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use (these "Terms"). If you do not agree to these Terms, you must immediately discontinue use of the Application.

1. ACCEPTANCE OF TERMS

1.1 Agreement to Terms

By using the Application, you enter into a legally binding agreement with the provider of PKO Tweak Creator ("Provider," "we," "us," or "our"). Your use of the Application constitutes acceptance of these Terms.

1.2 Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater, to use this Application. By using the Application, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into this agreement.

1.3 Electronic Agreement

You acknowledge that your electronic acceptance of these Terms has the same legal effect as a physical signature.

1.4 Free Tier Public Sharing Acknowledgment

IMPORTANT NOTICE FOR FREE TIER USERS:

If you use the Free Tier of this Application (no paid subscription), you acknowledge and agree that:

  • Your tweaks may be shared publicly with the PKO Tweak Creator community
  • Other users may download and use your tweaks if selected by Provider
  • Provider has discretion to select, curate, and publish your tweaks
  • You grant broad distribution rights as described in Section 6.2.1

If you do not want your tweaks shared publicly, you must subscribe to the Pro or Elite tier, which guarantees privacy.

By using the Free Tier, you consent to this public sharing model. If you do not consent, do not create tweaks on the Free Tier, or upgrade to a paid tier.

1.5 Automatic Free Tier Enrollment Upon Account Creation

By accepting these Terms and creating an account, you are AUTOMATICALLY enrolled in the Free Tier and agree to all Free Tier terms.

Account Creation Process and Legal Effect:

When you:

  1. Access the PKO Tweak Creator platform
  2. Accept these Terms of Use (by accepting them on the platform)
  3. Complete the first-time login process using Discord OAuth2 authentication
  4. Thereby create your PKO Tweak Creator account on Provider's servers

You have AUTOMATICALLY and IRREVOCABLY:

  • Enrolled in the Free Tier subscription level
  • Agreed to all Free Tier terms, including Section 6.2.1 (Free Tier License Grant)
  • Granted Provider the broad license described in Section 6.2.1 for any content you create on the Free Tier
  • Acknowledged that your Free Tier tweaks may be reviewed, evaluated, and shared publicly per Section 2A.1

No separate tier selection step is required for initial Free Tier enrollment. The act of creating your account constitutes Free Tier enrollment and acceptance of Free Tier terms.

Consent Record and Audit Trail:

Your consent to Free Tier terms is evidenced by:

  • Terms Acceptance: The timestamp when you accepted the "I have read and accept the Terms of Use" prompt on the platform
  • Account Creation: The server-side timestamp when your account was created via Discord OAuth2 login
  • Discord Authentication: Your Discord user ID and the OAuth2 authorization timestamp

These records constitute legally binding proof of your acceptance of Free Tier terms and are retained by Provider for legal compliance and defense purposes.

All Users Start on Free Tier:

EVERY new user is enrolled in Free Tier by default upon account creation. There are no exceptions.

To access Pro or Elite Tier features, you must:

  1. First create your account (which enrolls you in Free Tier)
  2. Then actively upgrade by purchasing a Pro or Elite subscription

You cannot skip Free Tier enrollment. Even if you intend to immediately purchase Pro or Elite, your account is created on Free Tier first, and you then upgrade.

Important Notice for Users Who Intend to Use Pro/Elite:

If you want your tweaks to be private and protected under Pro or Elite Tier terms:

  1. Create your account (you will be on Free Tier initially)
  2. IMMEDIATELY upgrade to Pro or Elite BEFORE creating any tweaks
  3. Only create tweaks AFTER your paid subscription is active

Content created between account creation and upgrade completion is subject to Free Tier license terms (Section 6.2.1), even if you upgrade minutes later.

2. DEFINITIONS

For purposes of these Terms:

  • "Application," "Platform," or "Service" means PKO Tweak Creator, the hosted web platform, including all associated components, updates, and documentation.
  • "Tweak" means a modification package created using the Application that alters game data, assets, or behavior.
  • "User," "you," or "your" means any individual or entity using the Application.
  • "User Content" means any tweaks, modifications, data, or content created, uploaded, or processed using the Application.
  • "Service" means the functionality provided by the Application, including creation, modification, and management of tweaks.
  • "Game" means Pirate King Online or any other game for which tweaks may be created using the Application.
  • "Free Tier" means the no-cost subscription level with public sharing requirements.
  • "Pro Tier" means the paid subscription level with privacy guarantees.
  • "Elite Tier" means the premium paid subscription level with enhanced privacy and server-specific features.

2A. SUBSCRIPTION TIERS AND SERVICE LEVELS

IMPORTANT: All users are automatically enrolled in Free Tier upon account creation. Paid tiers require active upgrade after account creation.

The Application operates on a tiered subscription model. Your rights, obligations, and the license you grant to Provider depend on your chosen tier.

Default Tier for All New Users: FREE TIER

When you create a PKO Tweak Creator account by accessing the Application, accepting these Terms of Use, and logging in for the first time using Discord OAuth2 authentication, you are AUTOMATICALLY enrolled in the Free Tier without any additional action required.

Your account creation timestamp (recorded on Provider's servers) serves as legal proof of your acceptance of Free Tier terms and the consent record for Free Tier enrollment.

No Separate Tier Selection Required: Your acceptance of these Terms (which include Free Tier terms in Section 6.2.1) is sufficient. Account creation = Free Tier enrollment = consent to Free Tier license grant.

2A.1 Free Tier

Default Tier - All Users Start Here

Free Tier is the default subscription level for ALL PKO Tweak Creator users. You are automatically enrolled in Free Tier when you create your account by logging in with Discord OAuth2 for the first time. No payment, no subscription purchase, and no separate tier selection is required.

Description: No-cost access to the Application's core features.

Key Terms:

  • User Content may be reviewed and evaluated by Provider
  • Selected User Content may be shared publicly in the Application's community repository
  • User Content may be deleted if not selected for publication after evaluation period (typically 30-90 days)
  • User grants broad license including public distribution rights (Section 6.2.1)

Trade-Off: In exchange for free access, you contribute your tweaks to the community ecosystem. High-quality tweaks may become official community content.

2A.2 Pro Tier

Description: Paid subscription providing privacy and permanence.

Key Terms:

  • User Content remains completely private
  • User Content is never shared publicly without consent
  • User Content is never deleted by Provider
  • User grants limited license excluding distribution rights (Section 6.2.2)
  • Backup and versioning features

2A.3 Elite Tier

Description: Premium paid subscription providing advanced control and server-specific features.

Key Terms:

  • All Pro Tier benefits
  • Server-specific tweak instances (Discord server integration)
  • Role-based permission controls
  • Isolated tweak environments per server
  • Enhanced privacy and control

2A.4 Disclosure and Acknowledgment

BY SELECTING THE FREE TIER, YOU EXPLICITLY ACKNOWLEDGE AND AGREE:

  1. Your tweaks may be reviewed by Provider's administrators
  2. Your tweaks may be selected for publication and shared publicly
  3. Other users may download and use your published tweaks
  4. You grant Provider the broad license described in Section 6.2.1
  5. If you want private tweaks, you must subscribe to Pro or Elite tier

You understand that the tier you select determines your privacy rights and the license you grant to Provider.

3. LICENSE GRANT AND RESTRICTIONS

3.1 Limited License

Subject to your compliance with these Terms, Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Application solely for your personal, non-commercial use.

3.2 License Restrictions

You agree NOT to:

  • Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Application
  • Rent, lease, loan, sell, sublicense, distribute, or otherwise transfer the Application to any third party
  • Use the Application for any commercial purpose without express written authorization
  • Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
  • Use the Application in any manner that violates applicable laws or regulations
  • Bypass, disable, or interfere with security features or version control mechanisms
  • Use the Application to create malicious, harmful, or illegal content
  • Attempt to gain unauthorized access to any portion of the Application or its systems
  • Use automated tools to extract data from or interact with the Application
  • Interfere with or disrupt the integrity or performance of the Application

3.3 Reservation of Rights

All rights not expressly granted in these Terms are reserved by the Provider. The Application is licensed, not sold.

4. USER OBLIGATIONS AND ACCEPTABLE USE

4.1 Compliance with Laws

You are solely responsible for ensuring that your use of the Application and any User Content you create complies with all applicable local, state, national, and international laws and regulations.

4.2 Third-Party Terms

You acknowledge that use of tweaks created with the Application may violate the terms of service of games or other software. You are solely responsible for compliance with all third-party terms and conditions. Provider has no obligation to monitor or enforce third-party terms.

4.3 Account Security

If the Application requires account credentials or authentication, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

4.4 Prohibited Uses

You agree not to use the Application to:

  • Create content that infringes intellectual property rights
  • Develop cheats, exploits, or modifications intended to provide unfair advantages in multiplayer environments
  • Create malware, viruses, or other harmful code
  • Harass, abuse, threaten, or impersonate others
  • Violate the privacy rights of others
  • Engage in fraudulent or deceptive practices

4.5 Content Standards for Tweaks

In addition to the prohibitions in Section 4.4, you agree that all User Content, including tweaks, modifications, metadata, descriptions, filenames, icons, textures, and embedded assets, must comply with the following standards:

You may NOT create, upload, share, or distribute tweaks that contain:

  • Offensive or Inappropriate Content: Hate speech, discriminatory language, slurs, or content targeting protected characteristics (race, religion, gender, sexual orientation, disability, etc.)
  • Adult or Sexual Content: Pornographic images, sexually explicit text, nudity, or content inappropriate for general audiences
  • Violent or Disturbing Content: Graphic violence, gore, or content intended to shock or disturb
  • Malicious Code: Viruses, malware, trojans, keyloggers, or any code intended to harm systems or users
  • Deceptive Content: Tweaks that misrepresent their functionality, disguise malicious behavior, or attempt to deceive users
  • Cheat-Enabling Content: Tweaks specifically designed to enable cheating, provide unfair advantages, bypass anti-cheat systems, or violate third-party game terms of service
  • Stolen or Infringing Content: Assets, code, or content taken from other creators without authorization
  • Spam or Low-Quality Content: Repeated uploads of identical or near-identical content, test files, or content lacking meaningful functionality

Provider reserves the right, at its sole discretion, to determine whether content violates these standards. Enforcement decisions are final and not subject to appeal.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Provider Ownership

The Application, including all software, code, algorithms, user interfaces, designs, graphics, compilations, and associated intellectual property, is owned by Provider and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Trademarks

"PKO Tweak Creator" and any associated logos, trademarks, and service marks are the property of Provider. You may not use these marks without prior written consent.

5.3 No Transfer of Rights

Nothing in these Terms grants you any ownership rights in the Application or its intellectual property. Your license is solely as described in Section 3.

6. USER-GENERATED CONTENT

6.1 User Content Ownership and License Relationship

You retain ownership of any original creative content within User Content that you create. However, ownership does not mean exclusive control over distribution.

Depending on your tier (Free, Pro, or Elite), you grant Provider different license rights as described in Section 6.2. These license rights are separate from ownership and allow Provider to use, distribute, or share your User Content according to your tier's terms.

Key Principle: You own the content, but the license you grant determines what Provider can do with it. Free Tier users grant broad licenses (including public sharing). Pro and Elite Tier users grant limited licenses (no public sharing).

You acknowledge that:

  • The Application's functionality, structure, code, and non-original elements remain the property of Provider
  • License grants are irrevocable and survive account termination
  • Upgrading tiers does not retroactively change licenses for previously created content

6.2 License Grant to Provider - Tier-Specific Terms

The license you grant to Provider depends on your subscription tier:

6.2.1 Free Tier License Grant

IF YOU USE THE FREE TIER (no paid subscription), by creating and uploading User Content, you grant Provider a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable license to:

  • Collect, analyze, and process all information about User Content
  • Store and process User Content as necessary to provide the Service
  • Reproduce, distribute, publicly display, and publicly perform User Content
  • Make User Content available to other users through the Application's public tweak repository
  • Share User Content with the community at Provider's sole discretion
  • Create derivative works, modifications, or adaptations of User Content for purposes of curation, quality assurance, or integration
  • Sublicense any of the foregoing rights to other users or third parties
  • Use User Content for promotional, marketing, or demonstration purposes

YOU ACKNOWLEDGE AND AGREE THAT FREE TIER USER CONTENT MAY BE REVIEWED, EVALUATED, SELECTED FOR PUBLICATION, AND SHARED PUBLICLY AT PROVIDER'S SOLE DISCRETION. BY USING THE FREE TIER, YOU CONSENT TO THIS PUBLIC SHARING.

Provider may, at its sole discretion:

  • Select certain User Content to become "Official" or "Community" tweaks available to all users
  • Feature User Content in the Application's public repository
  • Allow other users to download and use your User Content
  • Attribute User Content to you by username, or publish it anonymously per your preference
  • Remove or delist User Content at any time for any reason

You retain ownership of the original creative content within your tweaks, but you grant Provider the rights described above to distribute and share that content.

6.2.2 Pro Tier License Grant

IF YOU SUBSCRIBE TO THE PRO TIER (paid subscription), by creating User Content, you grant Provider a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-transferable license to:

  • Collect, analyze, and process metadata and structural information about User Content (but NOT the substantive creative content itself)
  • Store and process User Content as necessary to provide the Service to you
  • Use anonymized patterns, structures, and analytics derived from User Content for product improvement and internal analytics

This Pro Tier license does NOT grant Provider rights to distribute, publicly display, publicly perform, or share the substantive creative content of your tweaks without your express written consent. Your Pro Tier tweaks remain private.

Provider will NOT:

  • Share your Pro Tier tweaks publicly
  • Make your Pro Tier tweaks available to other users
  • Include your Pro Tier tweaks in the public repository
  • Use your Pro Tier tweaks for promotional purposes

6.2.3 Elite Tier License Grant

IF YOU SUBSCRIBE TO THE ELITE TIER (premium paid subscription), you receive all protections of the Pro Tier (Section 6.2.2) plus:

  • Server-specific isolation (tweaks are associated with specific Discord servers)
  • No cross-server sharing of tweaks
  • Enhanced privacy controls
  • Role-based permission management

Elite Tier tweaks are never shared publicly or with other servers without your express written consent.

6.2.4 Tier Change License Effects and Temporal Scope

CRITICAL NOTICE: Subscription tier benefits apply ONLY to content created during active paid subscription periods. Upgrading does NOT retroactively change licenses for previously created content.

A. UPGRADING FROM FREE TO PRO OR ELITE

When you upgrade from Free Tier to Pro or Elite Tier:

1. Previously Created Free Tier Content (BEFORE Upgrade):

  • Tweaks created while on Free Tier remain PERMANENTLY subject to Free Tier license terms (Section 6.2.1)
  • The irrevocable license you granted to Provider under Section 6.2.1 CONTINUES IN FULL FORCE
  • Provider retains ALL rights granted under Free Tier license, including:
    • Right to reproduce, distribute, publicly display, and share such tweaks
    • Right to keep such tweaks published in the Community Repository indefinitely
    • Right to allow other users to download and use such tweaks
    • Right to use such tweaks for promotional, marketing, or demonstration purposes
    • Right to create derivative works or modifications of such tweaks

Upgrading your subscription tier does NOT:

  • Revoke the Free Tier license you previously granted
  • Make previously created Free Tier tweaks private
  • Require Provider to remove previously published tweaks from the Community Repository
  • Prevent Provider from continuing to share, distribute, or use such tweaks
  • Apply Pro/Elite protections retroactively to past content

The license you granted is IRREVOCABLE and PERPETUAL. It does not expire when you upgrade.

2. Content Created DURING Active Pro/Elite Subscription (AFTER Upgrade):

  • Only NEW tweaks created while you have an ACTIVE, CURRENT paid subscription receive Pro/Elite tier protections
  • Pro/Elite license terms (Section 6.2.2/6.2.3) apply ONLY to content created during periods when:
    • Your subscription is active and in good standing
    • Payment has been received and processed
    • Your account shows current Pro/Elite status

3. Removal Requests for Published Free Tier Content (Limited Right):

You may request removal of previously published Free Tier tweaks from the Community Repository after upgrading, subject to Section 6.2.5 limitations.

However:

  • This is a COURTESY, not a legal obligation
  • Provider may decline removal if the tweak has significant community adoption
  • Even if removed from the Community Repository, Provider retains all other license rights (internal use, analytics, derivative works, etc.)
  • Users who previously downloaded the tweak may continue to use it
  • The irrevocable license remains in effect for Provider's internal purposes

B. DOWNGRADING FROM PRO/ELITE TO FREE

When you downgrade from Pro or Elite Tier to Free Tier:

1. Previously Created Pro/Elite Content (BEFORE Downgrade):

Content created during periods when you had an ACTIVE paid subscription retains Pro/Elite protections ONLY if:

  • It was created while your subscription was active and paid
  • It has not been subsequently modified after downgrade

Temporal Protection Principle:

  • Tweaks created on a specific date while Pro/Elite = Protected under Section 6.2.2/6.2.3
  • Tweaks created after downgrade to Free = Subject to Free Tier license (Section 6.2.1)

Protection is TIME-BOUND and CONTENT-SPECIFIC:

  • Each individual tweak's license is determined by your tier status AT THE TIME OF CREATION
  • Downgrading does not retroactively change licenses for content created while you were paying
  • But it also does not extend protection to future content

2. Content Created AFTER Downgrade (NEW Free Tier Content):

  • All NEW tweaks created after downgrade are subject to Free Tier license terms (Section 6.2.1)
  • You grant Provider the FULL Free Tier license, including:
    • Right to collect, review, and evaluate such tweaks
    • Right to publish such tweaks in the Community Repository
    • Right to share such tweaks with other users
    • Right to distribute, reproduce, and publicly display such tweaks
    • All other rights specified in Section 6.2.1

3. Modifications to Existing Pro/Elite Content After Downgrade:

CRITICAL: If you MODIFY a tweak that was created during your Pro/Elite period AFTER you have downgraded to Free Tier:

  • The modified version is treated as NEW Free Tier content
  • The modified version is subject to Free Tier license terms (Section 6.2.1)
  • Provider may collect, evaluate, and publish the modified version
  • The original unmodified version retains Pro/Elite protection
  • But the new modified version does NOT

You are responsible for maintaining your own backups of Pro/Elite content if you intend to downgrade. Provider has no obligation to preserve snapshots or prevent you from modifying protected content.

4. Downgrade Confirmation Requirement:

Before any downgrade from Pro/Elite to Free is processed, you will be required to:

  • Review a prominent warning explaining these consequences
  • Check a box acknowledging: "I understand that new tweaks created after downgrading may be shared publicly with the PKO Tweak Creator community"
  • Confirm your intention to proceed with downgrade

Downgrade is IMMEDIATE and IRREVERSIBLE without re-subscribing.

C. SUBSCRIPTION LAPSES AND PAYMENT FAILURES

If your Pro/Elite subscription expires, is cancelled, or payment fails:

1. Grace Period (if applicable):

  • Provider may, at its sole discretion, provide a limited grace period (typically 7 days) during which:
    • You retain access to Pro/Elite features
    • Content created during the grace period is treated as Pro/Elite content
    • You have opportunity to update payment information

2. After Grace Period or Immediate Cancellation:

  • Your tier automatically reverts to Free Tier
  • All rules in Section B (Downgrading) above apply immediately
  • NEW content created after reversion is subject to Free Tier license (Section 6.2.1)
  • Previously created Pro/Elite content (during paid periods) retains protection

3. Re-Subscribing After Lapse:

  • If you re-subscribe to Pro/Elite after a lapse, the temporal protection principle applies:
    • Content created during FIRST subscription period = Protected
    • Content created during FREE period between subscriptions = Subject to Free Tier license (Section 6.2.1)
    • Content created during SECOND subscription period = Protected
    • Each period is evaluated independently

You cannot "reclaim" protection for content created during unpaid/Free periods by re-subscribing.

D. SUMMARY TABLE: LICENSE DETERMINATION

| Content Created When | User Tier at Creation | Current User Tier | License Applied | Can Provider Share? | |----------------------|----------------------|-------------------|-----------------|---------------------| | Before upgrade | Free | Free | Free (6.2.1) | YES | | Before upgrade | Free | Pro (upgraded) | Free (6.2.1) | YES (upgrade doesn't change old licenses) | | During paid period | Pro (active) | Pro | Pro (6.2.2) | NO (created during paid period) | | During paid period | Pro (active) | Free (downgraded) | Pro (6.2.2) | NO (created during paid period) | | After downgrade | Free (after downgrade) | Free | Free (6.2.1) | YES | | Before upgrade | Free | Elite (upgraded) | Free (6.2.1) | YES (upgrade doesn't change old licenses) |

KEY PRINCIPLE: The license is FIXED at the time of creation based on the tier you had when you created the content. Tier changes do NOT alter existing licenses.

E. NO RETROACTIVE LICENSE CHANGES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE:

  1. Upgrading to a paid tier does NOT revoke, modify, or limit any licenses previously granted under Free Tier terms
  2. Provider is under NO OBLIGATION to remove, unpublish, or stop using Free Tier content when you upgrade
  3. The irrevocable nature of Free Tier licenses means they survive tier changes indefinitely
  4. Pro/Elite protections apply ONLY prospectively to content created DURING active paid periods
  5. You cannot "upgrade away" licenses you previously granted
  6. Each piece of content carries its own independent license based on your tier at the time you created it

If you want content to be private, you must:

  • Subscribe to Pro/Elite BEFORE creating it
  • Maintain active subscription while creating it
  • Never downgrade and modify it afterward

Provider's Rights Summary:

  • Free Tier content (whenever created) = Full rights under Section 6.2.1 (forever)
  • Pro/Elite content (created during paid periods) = Limited rights under Section 6.2.2/6.2.3 (only that content, only if unmodified)

6.2.5 Removal Requests for Free Tier Content

You may request removal of previously published Free Tier tweaks from the Community Repository by contacting Provider support.

Provider will honor such requests within 30 business days UNLESS:

  • The tweak has more than 1,000 downloads
  • The tweak has been substantially integrated into the Service
  • The tweak is widely adopted and removal would significantly disrupt user experience
  • The tweak has been modified or built upon by Provider

Even if removed from the Community Repository:

  • Provider retains the underlying license rights (Section 6.2.1) for internal use, analytics, and derivative works
  • Users who previously downloaded the tweak may continue to use it
  • The license remains irrevocable

6.3 User Content Responsibility

You are solely responsible for User Content you create, including:

  • Its legality, reliability, and appropriateness
  • Any harm caused by its use or distribution
  • Compliance with third-party intellectual property rights
  • Compliance with applicable laws and regulations

6.4 Content Monitoring and Moderation

Provider has no obligation to monitor, review, or moderate User Content but reserves the right to do so at its sole discretion. Provider may remove User Content or suspend user access for violations of these Terms, even without prior notification. Provider does not endorse or assume responsibility for any User Content, but may take action against content that violates these Terms or applicable law.

6.5 Free Tier Tweak Evaluation and Curation

For Free Tier users only, Provider reserves the right to:

6.5.1 Draft Pipeline

  • Place newly created tweaks into an internal "Draft" evaluation queue
  • Review drafts for quality, compliance with community standards, and suitability for publication
  • Store drafts temporarily during the evaluation period
  • Apply automated filters to exclude test content, invalid structures, or low-quality submissions

6.5.2 Publication Decisions

  • Select specific drafts to become "Official" or "Community" tweaks
  • Publish selected tweaks in the Application's public repository
  • Feature selected tweaks in search results, browsing interfaces, or promotional materials
  • Attribute published tweaks to you (by username) or publish anonymously per your preference settings

6.5.3 Non-Selected Drafts

  • Delete drafts that are not selected for publication after the evaluation period (typically 30-90 days)
  • Provide no notification or explanation for non-selection
  • Maintain no obligation to select any particular tweak for publication

You acknowledge that draft evaluation and selective publication are core features of the Free Tier and are part of the consideration for providing free access to the Application.

6.5.4 No Obligation to Publish

Provider has no obligation to:

  • Review all drafts
  • Publish any particular draft
  • Provide reasons for non-selection
  • Retain non-selected drafts beyond the evaluation period

If you want guaranteed retention of your tweaks, upgrade to Pro or Elite tier, where tweaks are never evaluated, never deleted, and remain private.

6.6 Scope of Pro/Elite Tier Guarantees and Limitations

Pro and Elite Tier subscriptions provide LIMITED, SPECIFIC protections. This section defines exactly what is and is NOT guaranteed.

6.6.1 What Pro Tier DOES Guarantee

If you maintain an active, paid Pro Tier subscription, Provider guarantees:

1. No Collection of Substantive Creative Content

  • Provider will NOT collect, access, or analyze the substantive creative content of tweaks you create during your active Pro subscription period
  • "Substantive creative content" means: custom assets, descriptions, names, specific gameplay modifications, and other original creative elements

2. No Public Sharing Without Consent

  • Provider will NOT share your Pro Tier tweaks publicly in the Community Repository without your express written consent
  • Provider will NOT make your Pro Tier tweaks available to other users through the Application
  • Provider will NOT distribute, publicly display, or publicly perform your Pro Tier tweaks

3. No Evaluation or Curation

  • Provider will NOT place your Pro Tier tweaks into the draft evaluation pipeline
  • Provider will NOT review your Pro Tier tweaks for publication

These guarantees apply ONLY to:

  • Tweaks created while you have an ACTIVE, CURRENT Pro subscription
  • Content created during periods when payment is current and processed
  • Content that has not been modified after downgrading to Free Tier

6.6.2 What Pro Tier Does NOT Guarantee

Pro Tier subscription does NOT guarantee or prevent:

1. Metadata and Structural Analysis

  • Provider MAY collect metadata and structural information (file formats, modification types, organizational patterns) per Section 6.2.2
  • This anonymized data MAY be used for product improvement and internal analytics

2. Technical Access for Support/Security

  • Provider MAY access your Pro Tier tweaks for:
    • Technical support (with your request)
    • Security investigations (threats, malware, abuse)
    • Legal compliance (valid court orders, subpoenas)
    • System maintenance (automated backups without human review)

3. Retroactive Protection

  • Pro subscription does NOT protect content you created before subscribing (see Section 6.2.4)

4. Protection After Downgrade/Cancellation

  • Pro subscription does NOT protect NEW content created after you downgrade or cancel (see Section 6.2.4)

5. Protection of Modified Content

  • If you modify a Pro Tier tweak after downgrading to Free, the modified version is NOT protected

6. Third-Party Redistribution

  • Provider is NOT responsible if someone who legitimately accessed your tweak (e.g., you shared it with them directly outside the platform) redistributes it elsewhere
  • Provider guarantees PLATFORM-level access control only (see Section 6.6.5)

7. Absolute Security

  • Provider does NOT guarantee your tweaks will never be accessed in a data breach, hack, or unauthorized access event (see Section 11 - Disclaimers)

6.6.3 What Elite Tier DOES Guarantee

If you maintain an active, paid Elite Tier subscription, Provider guarantees:

All Pro Tier guarantees (Section 6.6.1) PLUS:

1. Server-Specific Isolation

  • Your Elite Tier tweaks will be associated with specific Discord server IDs
  • Tweaks created for Server A will NOT be visible to users accessing through Server B

2. Platform-Level Access Control

  • Only users who are authenticated members of the designated Discord server(s) can access your Elite Tier tweaks THROUGH THE APPLICATION
  • Platform enforces role-based permissions you configure
  • Platform prevents cross-server visibility

3. No Cross-Server Sharing

  • Provider will NOT share your Elite Tier tweaks across different Discord servers without your authorization
  • Each server community has isolated access to only their designated tweaks

These guarantees apply ONLY to:

  • Access THROUGH the PKO Tweak Creator Application and its platform-controlled interfaces
  • Server memberships verified at the time of access
  • Content created during active Elite subscription periods

6.6.4 What Elite Tier Does NOT Guarantee

Elite Tier subscription does NOT guarantee or prevent:

All limitations of Pro Tier (Section 6.6.2) PLUS:

1. Redistribution by Authorized Users

CRITICAL LIMITATION:

If a user who has legitimate, authorized access to your Elite Tier tweak (because they are a member of the designated Discord server) downloads the tweak through the Application, Provider is NOT responsible for and CANNOT prevent:

  • That user sharing the downloaded tweak file with others outside the Discord server
  • That user uploading the tweak to other platforms (GitHub, file-sharing sites, other Discord servers, etc.)
  • That user distributing the tweak through non-platform channels (email, direct messages, external websites)
  • That user reverse-engineering, modifying, or creating derivative works from the downloaded tweak
  • That user using the tweak for purposes you did not intend

Provider's ONLY obligation is to enforce access control WITHIN the platform at the time of download.

Once a user with legitimate access downloads a tweak, it becomes a file on their device. Provider has NO control over what they do with that file afterward.

2. Discord Server Access Control

  • Provider is NOT responsible for Discord's authentication system
  • Provider is NOT responsible if Discord server permissions are misconfigured by the server administrator
  • Provider is NOT responsible if a user gains unauthorized access to a Discord server and thereby gains access to Elite Tier tweaks
  • Provider relies on Discord's API for server membership verification; any failures or exploits in Discord's system are beyond Provider's control

3. Technical Circumvention

  • Provider is NOT responsible if users find technical methods to access Elite Tier tweaks outside intended access controls
  • Provider will take reasonable measures to prevent unauthorized access, but does NOT guarantee these measures cannot be bypassed

4. Absolute Confidentiality

  • Elite Tier does NOT provide the same confidentiality as attorney-client privilege, classified documents, or trade secret protections
  • If you require absolute confidentiality, do NOT upload content to any online platform

6.6.5 Platform-Level Access Control Explained

"Platform-level access control" means:

What Provider DOES Control:

  • Who can see tweaks listed in the Application interface
  • Who can download tweaks through the Application's official download mechanism
  • Which Discord server members have access through the Application's authentication system
  • Enforcement of role-based permissions within the Application

What Provider Does NOT Control:

  • What users do with tweak files after they download them
  • Whether authorized users share tweaks outside the platform
  • Third-party file sharing sites, forums, or services
  • External redistribution channels
  • User-to-user direct file transfers
  • Other applications, mods, or tools that might access or distribute tweaks

Analogy:

Elite Tier is like a private Discord channel where only server members can see and download files. Provider controls WHO can access the channel, but Provider CANNOT control what members do with files AFTER they download them from the channel.

If a member downloads a file and emails it to someone else, Discord (and Provider) cannot prevent that. Provider's responsibility ends at enforcing the platform-level access gate.

6.6.6 User Redistribution Liability Waiver

YOU EXPRESSLY ACKNOWLEDGE AND AGREE:

  1. Pro/Elite Tier subscriptions provide platform-level access control and collection guarantees ONLY
  2. Provider is NOT liable for redistribution of your tweaks by users who had legitimate access
  3. If you grant someone access (by allowing them in your Discord server for Elite Tier, or by sharing directly), you accept the risk they may redistribute your content
  4. Provider has NO obligation to:
    • Monitor what users do with tweaks after downloading
    • Pursue legal action against users who redistribute your tweaks
    • Remove your tweaks from third-party platforms where users may have uploaded them
    • Investigate or remediate unauthorized redistribution
    • Compensate you for any harm caused by user redistribution

5. You are solely responsible for:

  • Deciding who to grant access to (e.g., which Discord server members)
  • Managing your Discord server's membership and roles
  • Enforcing your own terms or agreements with users who access your tweaks
  • Pursuing legal action against users who violate your terms (if you choose)

6. Provider's MAXIMUM liability for any breach of Pro/Elite guarantees is limited to:

  • Refund of subscription fees paid in the period during which the breach occurred
  • NOT TO EXCEED the amounts specified in Section 12.2 (Limitation of Liability)

7. Provider is NOT liable for:

  • Unauthorized redistribution by authorized users
  • Data breaches or security compromises (subject to Section 11 disclaimers)
  • Discord API failures or authentication issues
  • Technical circumvention by sophisticated users
  • Any consequential, indirect, or incidental damages arising from access control failures

6.6.7 Content History and Provider's Rights

PROVIDER RETAINS PERMANENT RIGHTS TO:

1. All Free Tier Content (Whenever Created):

  • Complete rights per Section 6.2.1
  • Forever, regardless of tier changes
  • Including content created before you ever subscribed to Pro/Elite

2. Aggregated and Anonymized Data:

  • Patterns, structures, and analytics derived from ALL user content (including Pro/Elite)
  • With personally identifying information and substantive creative content removed
  • For internal use, product improvement, research, and business intelligence
  • Provider may use aggregated insights indefinitely, even after Pro/Elite subscription ends

3. Metadata from Pro/Elite Content:

  • Structural information, file formats, modification types (per Section 6.2.2)
  • Non-creative technical data about how the Application is used
  • This data is Provider's property and may be retained indefinitely

4. Tweak History and Versioning Records:

  • For Pro/Elite users, Provider stores version history and backups during subscription
  • This storage is for YOUR benefit (restore capability)
  • Provider owns the infrastructure and records
  • Upon subscription cancellation, Provider MAY delete version history after 90-day retention period (Section 15.3)

YOU DO NOT GAIN OWNERSHIP OF:

  • Infrastructure used to store your tweaks
  • Backup systems or version control records
  • Server space or database entries
  • Application code or functionality

You own the creative content. Provider owns the platform, infrastructure, and aggregated data.

7. DATA COLLECTION AND USAGE

7.1 Information Collection

The Application may collect the following types of information:

  • Usage Data: Information about how you interact with the Application, including features used, actions performed, and session duration
  • Tweak Metadata: Structural information about tweaks you create, including formats used, modification types, file structures, and organizational patterns (but not the substantive creative content)
  • Technical Data: Device information, operating system version, Application version, error logs, and performance metrics
  • Anonymous Analytics: Aggregated, anonymized data about application usage patterns

7.2 Purpose of Data Collection

Collected data may be used for:

  • Product improvement and feature development
  • Internal analytics and business intelligence
  • Quality assurance and debugging
  • Security and fraud prevention
  • Understanding usage patterns and user needs
  • Internal reuse of anonymized modification patterns and structures

7.3 Data Retention

Provider may retain collected data indefinitely for the purposes described above. Anonymized and aggregated data may be retained permanently.

7.4 No Sale of Personal Data

Provider does not sell personally identifiable information to third parties. However, anonymized and aggregated data may be used internally or shared with service providers as necessary to operate the Service.

8. PLATFORM CHANGES AND VERSION CONTROL

8.1 Platform Updates

The Application is a hosted web platform. Provider may modify, update, add, or remove features and change the Application at any time without prior notice. Changes take effect when deployed and you access the Service.

8.2 Version Requirements

Continued use of the Application may require using the current version of the platform. A cached or outdated version in your browser may cease to function; you are responsible for refreshing your browser to obtain the latest version.

8.3 Deprecation of Older Versions

Provider may, at its sole discretion, disable, block, or discontinue support for older versions or features of the Application without notice. You acknowledge that older cached versions may cease to function at any time.

8.4 Internet Connectivity

The Application requires an active internet connection to access and use. You are responsible for maintaining suitable internet access.

9. ACCESS CONTROL AND SERVICE AVAILABILITY

9.1 Right to Restrict Access

Provider reserves the right, at its sole discretion and without prior notice, to:

  • Suspend, restrict, or terminate your access to the Application
  • Disable functionality or features
  • Block specific versions from operating
  • Implement access controls or authentication requirements
  • Modify, limit, or discontinue any aspect of the Service

9.2 No Guarantee of Availability

Provider does not guarantee that the Application will be available at all times or that it will function without interruption, errors, or defects.

9.3 No Obligation to Maintain Service

Provider has no obligation to maintain, support, update, or continue offering the Application or any of its features.

9.4 Content Moderation and Enforcement

Provider reserves the right to:

  • Monitor, review, and evaluate User Content for compliance with these Terms
  • Remove or disable access to any User Content that violates these Terms or community standards
  • Issue warnings, temporary suspensions, or permanent bans for violations
  • Take progressive enforcement action (warning - suspension - ban) or immediate action depending on severity
  • Share information about violations with third parties (including game publishers, law enforcement) as required

Enforcement actions may include:

  1. Warning: Notification of violation with requirement to remove or modify content
  2. Temporary Suspension: Temporary restriction of access to the Application (typically 7-30 days)
  3. Permanent Ban: Permanent termination of access with no possibility of reinstatement

Provider is not obligated to provide warnings before suspension or ban. Severe violations (malicious code, illegal content, repeated abuse) may result in immediate permanent ban without prior warning.

You acknowledge that enforcement decisions are made at Provider's sole discretion and are final.

10. THIRD-PARTY CONTENT AND SERVICES

10.1 No Affiliation

The Application is an independent tool and is not affiliated with, endorsed by, sponsored by, or approved by the publishers, developers, or rights holders of any games for which it creates modifications, including but not limited to Pirate King Online.

10.2 Third-Party Terms

Your use of tweaks created with the Application in connection with third-party games or software is subject to the terms and conditions of those third parties. Provider has no control over and assumes no responsibility for third-party terms, policies, or actions.

10.3 Third-Party Content Disclaimer

Any references to, or integration with, third-party content, services, or intellectual property is provided solely for user convenience. Provider does not endorse, warrant, or assume responsibility for any third-party content or services.

10.4 User Responsibility for Compliance

You are solely responsible for ensuring that your use of the Application and User Content complies with all applicable third-party terms of service, end-user license agreements, and acceptable use policies.

11. DISCLAIMERS OF WARRANTIES

11.1 AS IS and AS AVAILABLE Basis

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

11.2 No Warranties

PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
  • IMPLIED WARRANTIES OF NON-INFRINGEMENT
  • WARRANTIES OF ACCURACY, RELIABILITY, OR QUALITY
  • WARRANTIES OF UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION
  • WARRANTIES REGARDING THE RESULTS OBTAINED FROM USE OF THE APPLICATION
  • WARRANTIES THAT DEFECTS WILL BE CORRECTED
  • WARRANTIES THAT PRO/ELITE TIER ACCESS CONTROLS ARE IMPENETRABLE OR CANNOT BE CIRCUMVENTED
  • WARRANTIES THAT USERS WITH LEGITIMATE ACCESS WILL NOT REDISTRIBUTE YOUR CONTENT
  • WARRANTIES REGARDING THE SECURITY OF DISCORD'S AUTHENTICATION SYSTEM OR THIRD-PARTY SERVICES
  • WARRANTIES THAT ELITE TIER TWEAKS WILL REMAIN EXCLUSIVE TO DESIGNATED DISCORD SERVERS AFTER AUTHORIZED USERS DOWNLOAD THEM
  • WARRANTIES OF ABSOLUTE CONFIDENTIALITY OR PRIVACY FOR PRO/ELITE TIER CONTENT

11.3 No Guarantee of Compatibility

Provider does not warrant that the Application will be compatible with any particular game, game version, operating system, or hardware configuration. Compatibility may change without notice.

11.4 No Responsibility for User Content

Provider makes no representations or warranties regarding User Content, including its accuracy, legality, safety, or suitability for any purpose.

11.5 Use at Your Own Risk

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM RESULTING FROM YOUR USE OF THE APPLICATION.

11.6 Jurisdictional Variations

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. In such cases, warranties are limited to the minimum required by applicable law.

12. LIMITATION OF LIABILITY

12.1 Exclusion of Damages

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

  • DAMAGES FOR LOSS OF PROFITS, REVENUE, OR BUSINESS
  • DAMAGES FOR LOSS OF DATA OR INFORMATION
  • DAMAGES FOR BUSINESS INTERRUPTION
  • DAMAGES FOR LOSS OF GOODWILL OR REPUTATION
  • DAMAGES FOR COMPUTER FAILURE OR MALFUNCTION
  • DAMAGES RESULTING FROM INABILITY TO USE THE APPLICATION
  • DAMAGES RESULTING FROM USER CONTENT OR THIRD-PARTY CONTENT
  • DAMAGES RESULTING FROM SECURITY BREACHES OR UNAUTHORIZED ACCESS
  • ANY OTHER DAMAGES WHATSOEVER

WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF PROVIDER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APPLICATION SHALL NOT EXCEED THE GREATER OF (A) FIFTY UNITED STATES DOLLARS (USD $50.00) OR (B) ANY AMOUNTS YOU HAVE PAID TO PROVIDER FOR USE OF THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

For Pro and Elite Tier Subscribers:

If Provider breaches the specific guarantees set forth in Section 6.6 (such as improperly sharing Pro Tier content publicly without consent), Provider's MAXIMUM aggregate liability for such breach shall not exceed:

(A) A refund of the subscription fees you paid during the period in which the breach occurred (pro-rated to the duration of the breach), OR

(B) The total amounts you have paid to Provider for your subscription in the twelve (12) months preceding the claim,

WHICHEVER IS LESS.

Provider is NOT liable for:

  • Redistribution of your content by users who had legitimate, authorized access (per Section 6.6.6)
  • Unauthorized access resulting from Discord API failures, server misconfigurations, or third-party service failures
  • Technical circumvention by sophisticated attackers
  • Any consequential, indirect, incidental, special, or punitive damages arising from breach of Pro/Elite guarantees

12.3 Essential Purpose

You acknowledge and agree that the limitations of liability set forth in this Section 12 are fundamental elements of the basis of the bargain between you and Provider, and that Provider would not provide the Application absent such limitations.

12.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Provider's liability is limited to the maximum extent permitted by law.

13. INDEMNIFICATION

13.1 Indemnification Obligation

You agree to indemnify, defend, and hold harmless Provider, its affiliates, officers, directors, employees, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to:

  • Your use or misuse of the Application
  • Your User Content, including any claims that it infringes or violates any third-party rights
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your violation of any third-party rights, including intellectual property rights or privacy rights
  • Any harm caused by tweaks you create, distribute, or use
  • Any disputes between you and other users or third parties
  • Claims arising from redistribution of your Elite Tier tweaks by users who were authorized members of your Discord server at the time of access
  • Claims arising from your failure to properly configure Discord server permissions or role-based access controls
  • Claims that Provider should have prevented authorized users from redistributing your content after they downloaded it
  • Claims arising from your reliance on Pro/Elite tier access controls for content requiring absolute confidentiality
  • Claims arising from tier changes (upgrades/downgrades) and the temporal scope of license protections
  • Claims that previously created Free Tier content should be protected after you upgraded to Pro/Elite

13.2 Defense and Settlement

Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Provider's defense of such claims. You may not settle any claim without Provider's prior written consent.

14. MODIFICATION OF TERMS

14.1 Right to Modify

Provider reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time, for any reason, without prior notice.

14.2 Notification of Changes

Provider may notify you of changes to these Terms by updating the "Last Updated" date at the top of this document, by in-application notification, or by other reasonable means. However, Provider is not obligated to provide individual notice of changes.

14.3 Continued Use as Acceptance

Your continued use of the Application following any modification to these Terms constitutes your acceptance of the modified Terms. If you do not agree to modified Terms, your sole remedy is to discontinue use of the Application.

14.4 Responsibility to Review

You are responsible for regularly reviewing these Terms to stay informed of any changes.

15. TERMINATION

15.1 Termination by Provider

Provider may terminate or suspend your access to the Application immediately, without prior notice or liability, for any reason or no reason, including but not limited to:

  • Violation of these Terms
  • Creation or distribution of content that violates Section 4.5 (Content Standards)
  • Use of the Application to create cheat tools, exploits, or content that violates third-party terms
  • Repeated warnings or pattern of violations
  • Creating content containing malicious code, offensive material, or inappropriate assets
  • Attempting to circumvent enforcement actions or ban evasion
  • Requests by law enforcement or other government agencies
  • Discontinuation or material modification of the Application
  • Technical or security issues
  • Extended periods of inactivity
  • Engagement in fraudulent or illegal activities

15.2 Termination by User

You may terminate your use of the Application at any time by logging out and ceasing all use of the platform.

15.3 Effect of Termination

Upon termination:

  • Your license to use the Application immediately terminates
  • You must cease all use of the Application and log out
  • Provider may delete any data associated with your use
  • For Pro/Elite users, Provider will retain data for 90 days after termination, after which it may be permanently deleted
  • All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability

15.4 No Refunds

Termination does not entitle you to any refund, credit, or other compensation.

16. DISPUTE RESOLUTION AND GOVERNING LAW

16.1 Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Application shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

16.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact Provider and attempt to resolve the dispute informally by providing written notice describing the dispute and your proposed resolution.

16.3 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Application that cannot be resolved informally shall be resolved exclusively by binding arbitration in accordance with applicable arbitration rules then in effect.

16.4 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR COLLECTIVE ARBITRATION.

16.5 Exceptions to Arbitration

Notwithstanding the arbitration provision, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights.

16.6 Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION.

17. MISCELLANEOUS PROVISIONS

17.1 Entire Agreement

These Terms constitute the entire agreement between you and Provider regarding the Application and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.

17.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

17.3 No Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision. Provider's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without Provider's prior written consent. Provider may freely assign these Terms and its rights and obligations without restriction. Any attempted assignment in violation of this Section shall be void.

17.5 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and Provider.

17.6 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

17.7 Force Majeure

Provider shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17.8 Relationship of Parties

Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Provider. You have no authority to make or accept any offers or representations on Provider's behalf.

17.9 Language

These Terms are prepared and executed in English. In the event of any conflict between an English version and a translated version, the English version shall prevail.

17.10 Electronic Communications

By using the Application, you consent to receive electronic communications from Provider. These communications may include notices about your use of the Application, transactional information, and other information concerning the Service. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

ACKNOWLEDGMENT

BY USING PKO TWEAK CREATOR, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION.

END OF TERMS OF USE