TERMS OF SERVICE

Welcome to The Elder Spores Online ("we," "our," "us," or the "Platform"). By accessing or using our website at theeldersporesonline.com (the "Site"), you agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, do not use our Platform.

1. ACCEPTANCE OF TERMS

By creating an account, accessing, or using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy. These Terms constitute a legally binding agreement between you and The Elder Spores Online LLC.

2. ELIGIBILITY AND AGE REQUIREMENTS

Minimum Age

You must be at least 13 years old to use this Platform. By using the Platform, you represent and warrant that you are at least 13 years of age.

Parental Consent

If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you must have your parent or legal guardian's permission to use the Platform and agree to these Terms.

Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. DESCRIPTION OF SERVICE

The Elder Spores Online is a community platform for players and content creators of The Elder Scrolls Online ("ESO"). Our Platform provides:

• User authentication via Discord OAuth
• Dynamic Build Creation and Calculation tools
• Build sharing and community tools
• Subscription-based premium features
• AI-powered build generation and assistance
• User-generated content hosting
• Access to Community forums and Other Resources

Not Affiliated: The Elder Spores Online is not affiliated with, endorsed by, or associated with ZeniMax Media Inc., Bethesda Softworks LLC, or The Elder Scrolls Online. The Elder Scrolls® Online is a registered trademark of ZeniMax Media Inc. All game content, imagery, and trademarks are the property of their respective owners.

4. ACCOUNT REGISTRATION AND DISCORD OAUTH

Discord Authentication

Our Platform uses Discord OAuth for secure user authentication. By creating an account:

• You authorize us to access certain information from your Discord profile
• You agree to Discord's Terms of Service and Privacy Policy
• You understand we will collect and store your Discord user ID, username, and avatar

Account Security

You are solely responsible for:

• Maintaining the security of your Discord account
• All activities that occur through your account
• Notifying us immediately of any unauthorized use

Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms, at our sole discretion, with or without notice.

5. SUBSCRIPTION SERVICES AND PAYMENT TERMS

5.1 Subscription Tiers

We offer multiple subscription tiers with varying features and benefits:

Free Tier (Guests):

• View-only access to public builds and content
• Limited feature access
• Ad-supported experience

Basic Tier:

• Ad-free experience
• Build creation and sharing
• Limited AI credits per month
• Access to community features

Premium Tier:

• All Basic features
• Increased AI credits
• Unlimited build storage
• Custom profile banner
• Priority support

Ultimate Bundle:

• All Premium features
• Maximum AI credits
• Exclusive community perks
• Special Discord role
• Shop discount

Gifted Subscriptions:

• Trial and time-limited subscriptions may be gifted by other users
• Gifted subscriptions expire after the specified period
• Gifted subscriptions cannot be refunded by the recipient

5.2 Payment Processing

• All payments are processed securely through Stripe, Inc.
• You agree to provide accurate and complete payment information
• You authorize us to charge your payment method for subscription fees
• Prices are in USD unless otherwise specified

5.3 Billing and Renewal

Recurring Subscriptions:

• Subscriptions automatically renew at the end of each billing period
• You will be charged the then-current subscription rate
• You may cancel automatic renewal at any time through your account settings or the Stripe Customer Portal

Subscription Changes:

• Upgrades take effect immediately; you will be charged a prorated amount
• Downgrades take effect at the end of the current billing period

5.4 NO REFUNDS POLICY

ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE.

Reasons for No Refunds:

• Subscriptions include limited resources (AI credits, storage, features) that may be used immediately upon subscription activation
• Once these resources are consumed or accessed, we cannot recover or revoke them
• Digital services are provided in full from the moment of purchase

What This Means:

• No refunds will be provided for unused portions of subscription periods
• No refunds for subscription cancellations
• No refunds for account terminations due to Terms violations
• No refunds for dissatisfaction with the service
• No prorated refunds when downgrading subscription tiers

Cancellation:

You may cancel your subscription at any time. Upon cancellation:

• You will retain access until the end of your current billing period
• No refund will be provided for the remaining time in that period
• Your subscription will not automatically renew

Exceptions:

Refunds may only be issued at our sole discretion in cases of:

• Technical errors resulting in duplicate charges
• Unauthorized charges due to account compromise
• Platform-wide service outages exceeding 72 consecutive hours

Chargebacks: Initiating a chargeback for valid charges will result in immediate account termination and permanent ban from the Platform.

5.5 Lifetime Subscriptions

Certain users may receive lifetime subscription status through promotional events or special circumstances. Lifetime subscriptions:

• Do not expire and do not require recurring payment
• May be revoked if the account violates these Terms
• Are non-transferable and non-refundable
• Do not guarantee the Platform will remain operational indefinitely

6. USER CONTENT AND LICENSE GRANTS

6.1 Your Content

"Your Content" means any text, images, URLs, builds, comments, feedback, or other materials you submit, upload, or share on the Platform.

Ownership: You retain all ownership rights to Your Content. However, by uploading Your Content to the Platform, you grant us the following licenses:

License Grant: You grant The Elder Spores Online LLC a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:

• Use, reproduce, distribute, and display Your Content on the Platform
• Modify, adapt, and create derivative works from Your Content for Platform functionality
• Store Your Content on our servers and backup systems
• Share Your Content with other Platform users as per your privacy settings

Public Content: Content you designate as "public" or share publicly:

• May be viewed by all Platform users, including non-subscribers
• May appear in search results and public listings
• May be indexed by search engines

Private Content: Content you designate as "private":

• Will only be visible to you and users you explicitly grant access to
• Will not appear in public listings or search results

6.2 Your Responsibilities

You represent and warrant that:

• You own all rights to Your Content or have obtained all necessary permissions
• Your Content does not violate any third-party rights (copyright, trademark, privacy, publicity)
• Your Content complies with all applicable laws and these Terms
• You have the right to grant the licenses described above

You are solely responsible for Your Content and any consequences of posting or sharing it.

6.3 Prohibited Content

You agree NOT to upload, post, or share content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights
• Contains malware, viruses, or harmful code
• Impersonates any person or entity
• Contains unsolicited advertising, spam, or promotional material
• Exploits, harms, or attempts to exploit or harm minors
• Depicts or encourages violence, self-harm, or illegal activities
• Contains hate speech or discriminatory content based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics

6.4 Content Moderation

We reserve the right, but not the obligation, to:

• Monitor, review, and moderate all User Content
• Remove, hide, or modify any content that violates these Terms
• Suspend or terminate accounts that repeatedly violate content policies
• Report illegal content to appropriate authorities

User Reporting: Users may report content they believe violates these Terms. We will review reported content and take appropriate action at our discretion.

No Guarantee: We do not guarantee the accuracy, quality, or legality of User Content. We are not responsible for any loss or damage caused by User Content.

6.5 Content Removal and Data Retention

Account Deletion: When you delete your account:

• Your Content will be removed from public view within 48 hours
• Your Content may remain in our backup systems for up to 90 days
• After 90 days, Your Content will be permanently deleted from all systems

Content Backup: We maintain regular backups for disaster recovery. Deleted content may persist in backups for up to 90 days before permanent deletion.

7. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

We respect intellectual property rights and expect our users to do the same.

7.1 Copyright Infringement Claims

If you believe content on our Platform infringes your copyright, please submit a DMCA notice to our designated agent:

DMCA Agent:
Reishi Spores
The Elder Spores Online LLC
Email: reishi@theeldersporesonline.com

Your notice must include:

1. Your physical or electronic signature
2. Identification of the copyrighted work claimed to be infringed
3. Identification of the material claimed to be infringing and its location on the Platform
4. Your contact information (address, phone, email)
5. A statement that you have a good faith belief that the use is not authorized
6. A statement under penalty of perjury that the information is accurate and you are authorized to act

7.2 Counter-Notification

If your content was removed due to a DMCA claim and you believe it was removed in error, you may submit a counter-notification to the same address.

7.3 Repeat Infringer Policy

We will terminate accounts of users who are repeat copyright infringers.

8. AI-POWERED FEATURES AND SERVICES

8.1 AI Credits and Usage

Certain subscription tiers include AI credits for use with our AI-powered features (build generation, assistance, recommendations).

Credit Allocation:

• Free Tier: No AI credits
• Basic Tier: 5 monthly AI credits
• Premium Tier: 15 monthly AI credits
• Ultimate Bundle: 15 monthly AI credits
• Gifted Subscriptions: Bonus AI credits included

Credit Rules:

• AI credits are added at the beginning of each billing period
• Unused credits will roll over up to the maximuum AI credit limit of 30 is reached
• Total Stored AI credits are limited to 30 on all accounts
• Additional credits cannot be purchased separately
• AI credit usage is tracked and displayed in your account

8.2 API Extracted Game Databases

No Guarantee: Our databases are created with In Game API Extractions and Detailed Script Calculations. Even so, our Databases may include:

• Missing skills, items, or features
• Missing or innacurate values
• Improper calculations for dynamic values
• Failures to track or display values properly

Your Responsibility: You are solely responsible for:

• Reviewing all database derrived content before use
• Understanding that our processing may contain errors or omitions
• Not relying exclusively on our databases for up to date game values

8.3 AI-Generated Content

No Guarantee: AI-generated builds, recommendations, and content are provided "as is." We do not guarantee:

• Accuracy of AI-generated builds or recommendations
• Optimal performance of AI-suggested strategies
• Compatibility with current game meta or updates

Your Responsibility: You are solely responsible for:

• Reviewing and validating AI-generated content before use
• Understanding that AI outputs may contain errors or suboptimal suggestions
• Not relying exclusively on AI for critical gameplay decisions

Third-Party AI Service: Our AI features use the Grok API. Your use of AI features is subject to:

• Our Terms of Service
• Limitations regarding site and situational relevance
• Grok API's terms and policies
• Applicable laws regarding AI usage

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Our Intellectual Property

The Platform and its original content, features, and functionality are owned by The Elder Spores Online LLC and are protected by:

• International copyright laws
• Trademark laws
• Patent laws
• Trade secret laws
• Other intellectual property laws

Restricted Use: You may not:

• Copy, modify, distribute, sell, or lease any part of the Platform
• Reverse engineer or attempt to extract source code
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks, logos, or branding without written permission

9.2 The Elder Scrolls Online Content

Game data, character information, and ESO-related content are the property of ZeniMax Media Inc. and Bethesda Softworks LLC. We claim no ownership over ESO intellectual property.

10. THIRD-PARTY SERVICES AND LINKS

Our Platform integrates with and links to third-party services, including but not limited to:

• Discord (for authentication)
• Stripe (for payment processing)
• Google AdSense (for advertising)
• Supabase (for data storage)
• Vercel (for hosting)
• Grok API (for AI features)

Independent Services: These are independent services governed by their own terms of service and privacy policies. We are not responsible for:

• The availability, content, or practices of third-party services
• Any loss or damage caused by your use of third-party services
• Changes to third-party terms, policies, or pricing

Links to External Sites: The Platform may contain links to external websites. We do not endorse or control external websites and are not responsible for their content or practices.

11. ADVERTISING

Ad-Supported Free Tier: Free (non-subscriber) users may see advertisements through Google AdSense. By using the free tier, you agree to the display of advertisements.

Ad-Free Experience: Paid subscribers receive an ad-free experience as part of their subscription benefits.

Ad Content: We do not control the content of third-party advertisements. Advertisements are provided by Google AdSense and subject to Google's ad policies.

12. DISCLAIMERS AND LIMITATION OF LIABILITY

12.1 Disclaimers

AS IS / AS AVAILABLE: THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• That the Platform will be uninterrupted, secure, or error-free
• That defects will be corrected
• That the Platform or servers are free of viruses or harmful components
• The accuracy, reliability, or completeness of any content

Game Performance: We make no guarantees that builds, strategies, or recommendations will improve your ESO gameplay performance.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE ELDER SPORES ONLINE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Damages resulting from your use or inability to use the Platform
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Platform
• Any other matter relating to the Platform

MAXIMUM LIABILITY: Our total liability to you for all claims arising from or relating to the Platform shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless The Elder Spores Online LLC, its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your violation of any rights of another party
• Your use or misuse of the Platform
• Your Content
• Your violation of any laws or regulations

14. TERMINATION

14.1 Termination by You

You may terminate your account at any time by:

• Accessing your account settings and selecting "Delete Account"
• Contacting us at reishi@theeldersporesonline.com

Upon termination:

• Your access to paid features will cease at the end of your billing period
• No refunds will be provided
• Your Content will be removed per Section 6.5

14.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including if you:

• Breach these Terms
• Violate our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Harm the Platform or other users
• Initiate chargebacks for valid charges

Effect of Termination:

• Immediate loss of access to the Platform
• No refunds for remaining subscription periods
• Removal of Your Content per Section 6.5
• Permanent ban from creating new accounts (if applicable)

15. DISPUTE RESOLUTION AND GOVERNING LAW

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

15.2 Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms or the Platform shall be filed exclusively in the state or federal courts located in Flagler County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts.

15.3 Informal Resolution

Before filing any formal legal action, you agree to contact us at reishi@theeldersporesonline.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith for at least 30 days.

15.4 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Agreement to Arbitrate: You and The Elder Spores Online LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be settled by binding arbitration, except as specified below.

Exceptions: The following disputes are NOT subject to arbitration:

• Claims for injunctive or equitable relief
• Small claims court actions (if within jurisdictional limits)
• Intellectual property disputes

Arbitration Rules:

• Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
• The arbitrator's decision will be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

Class Action Waiver: YOU AND THE ELDER SPORES ONLINE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. GENERAL PROVISIONS

16.1 Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective:

• Immediately for new users upon posting
• For existing users, 30 days after posting or emailing notice (whichever is sooner)

Continued use of the Platform after changes constitutes acceptance of the modified Terms.

We will notify you of material changes by:

• Posting a notice on the Platform
• Updating the "Last Updated" date
• Sending an email to your registered email address (if applicable)

16.2 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.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by us.

16.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms at any time without notice.

16.5 Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and The Elder Spores Online LLC regarding the Platform and supersede all prior agreements.

16.6 No Partnership

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

16.7 Force Majeure

We shall not be liable for any delay or failure to perform due to circumstances beyond our reasonable control, including 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.

16.8 Survival

Sections 6 (User Content License), 12 (Disclaimers), 13 (Indemnification), 14 (Termination effects), and 15 (Dispute Resolution) shall survive termination of these Terms.

17. CONTACT INFORMATION

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

The Elder Spores Online LLC
Email: reishi@theeldersporesonline.com
Website: https://theeldersporesonline.com

DMCA Agent:
Reishi Spores
Email: reishi@theeldersporesonline.com

18. ACKNOWLEDGMENT

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.