TERMS OF USE

LAST MODIFIED ON NOVEMBER 7, 2024

This Terms of Use (the “Agreement”) applies to the No Hesi video game software, website, private game servers, and related services (collectively, the “Service”), provided by No Hesi, LLC (“No Hesi,” “we,” “us,” or “our”). The Service includes, but is not limited to:

• Any No Hesi game software, including any levels, mods, and other video game-related software
• The No Hesi website and related applications;
• Private game servers and server hosting services;
• Virtual items, downloadable content, and in-game currency;
• Online features and services
• Any related software, applications, content, or services provided by No Hesi.

By using the Service, you agree to be bound by this Agreement. If you do not agree to any of these terms, do not use the Service. You must be at least 18 years old to use any aspect of the Service.

1. ACCEPTANCE OF TERMS

By continuing to use the Service:

1.1. You agree that you understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract.

1.2. You agree to use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by us from time to time.

1.3. You acknowledge that you understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.

If you do not agree with the terms and conditions in this Agreement, you must discontinue all further use of the Service.

2. LICENSE

2.1. License Grant. We grant you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement.

2.2. Restrictions. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service.

3. ACCOUNT REQUIREMENTS AND SECURITY

3.1. Age Restriction. You may only create an Account if you are at least 18 years old. We reserve the right to terminate any Account where we reasonably believe the user does not meet this age requirement.

3.2. Account Creation. You may create an Account either directly through our Service or by connecting a supported third-party account, such as Google or Discord, which we may offer from time to time.

3.3. Account Information. You must provide accurate and complete information when creating your Account and must keep this information updated. You are solely responsible for maintaining the confidentiality of your Account credentials.

3.4. Account Activity. You are solely responsible for all activities that occur under your Account, whether or not you authorized such activities. You must notify us immediately of any unauthorized use of your Account.

3.5. Account Termination. We reserve the right to suspend or terminate your Account at any time for any reason or no reason, with or without notice to you.

3.6. Account Use Restrictions. You are strictly prohibited from transferring, selling, sharing, lending, or otherwise commercializing or allowing another individual to access or use your Account. You are not permitted to create multiple Accounts for a single user, without No Hesi’s express written consent. Any attempt to create multiple Accounts without our prior written approval may result in immediate termination of all such Accounts and may lead to further legal action.

4. SUBSCRIPTION SERVICES AND PAYMENT TERMS

4.1. Subscription Requirements. Access to certain features of the Service requires a paid subscription. Current subscription options and pricing are detailed on our website or otherwise on the Service, and may be modified by us at any time.

4.2. Payment Terms. All subscription fees must be paid in advance. By subscribing, you authorize us to charge your selected payment method for the subscription fees at the time of purchase and upon each renewal.

4.3. Automatic Renewal. Your subscription will automatically renew at the end of each subscription period unless cancelled by you prior to the renewal date. You hereby authorize us to charge your payment method for the renewal term at our then-current rates.

4.4. Cancellation. You may cancel your subscription at any time through your Account settings. Cancellation will be effective at the end of your current billing period.

4.5. Refund Policy. Refunds are provided solely at our discretion or where required by applicable law, including for partial subscription periods. Certain promotional offers may have specific refund terms that will be disclosed at the time of purchase.

4.6. Payment Methods. We accept payment through authorized payment processors only. Certain payment methods may not be available in all regions. We reserve the right to refuse any payment method at our discretion.

4.7. Non-Payment. If payment fails or is declined, your service may be suspended immediately until payment is made and terminated after a reasonable period of non-payment.

5. SERVER USAGE AND TECHNICAL REQUIREMENTS

5.1. Fair Usage Limitations. Your use of our servers is subject to fair usage limitations, including but not limited to:

5.1.1. Reasonable CPU and bandwidth usage that does not negatively impact other users;

5.1.2. Restrictions on automated tools or scripts that may cause excessive resource usage; and

5.1.3. Any storage space limitations as specified in your subscription tier.

5.2. Prohibited Server Activities. You may not engage in any of the following activities:

5.2.1. Use of unauthorized third-party software, cheats, or exploitation tools;

5.2.2. Operation of automated bots or scripting tools;

5.2.3. Running background processes or daemons;

5.2.4. Cryptocurrency mining or similar computational tasks;

5.2.5. Hosting or downloading unauthorized copyrighted material;

5.2.6. Operating proxy or VPN services; and

5.2.7. Any activities unrelated to the intended game functionality.

5.3. Server Management and Availability.

5.3.1. Server Location. You may select a server location where available. We reserve the right to change server locations within the same region for technical or operational reasons.

5.3.2. Maintenance. We will conduct regular maintenance during off-peak hours when possible and use commercially reasonable efforts to give reasonable prior notice of such maintenance. Emergency maintenance may be performed without notice.

5.3.3. Uptime. While we target 99% uptime on an annual average, excluding scheduled maintenance, we do not guarantee uninterrupted service.

5.3.4. DDoS Protection. We reserve the right to disable or terminate servers that are regularly targeted by denial of service attacks. No refunds will be provided for termination due to persistent attacks.

5.4. Data Management

5.4.1. Data Deletion. We may delete excessive logs, backups, or other data that consume unreasonable storage space.

5.4.2. Data Responsibility. You are responsible for maintaining your own backups. We are not a backup service and are not responsible for any data loss.

6. VIRTUAL ITEMS AND CURRENCY

6.1. Server Management and Availability. Virtual items, including but not limited to in-game currency, cosmetic items, and downloadable content (“Virtual Items”) are licensed, not sold, to you.

6.2. No Real-World Value. Virtual Items have no real-world value and cannot be transferred, sold, or exchanged outside the Service.

6.3. Modification Rights. We reserve the right to modify, regulate, control, or remove any Virtual Items without notice or liability.

6.4. Account Termination. Upon any termination of your Account or the Service, you will lose all Virtual Items without compensation.

7. AFFILIATE LINKS AND THIRD-PARTY SERVICES

7.1. Affiliate Relationships. The Service may contain affiliate links to third-party products or services. We may receive compensation when you make purchases through these links.

7.2. Disclosure. All affiliate relationships will be disclosed in accordance with applicable laws and regulations.

7.3. Third-Party Terms. Purchases made through affiliate links are subject to the third party’s terms and conditions. We make no warranties regarding affiliated products or services.

7.4. Pricing Consistency. Prices for products or services are not affected by whether you access them through an affiliate link or directly, though use of affiliate links may provide you with a discount or other benefits, which will be described on the Service or the third-party site.

8. SUPPORT SERVICES

8.1. Support Scope. While we aim to provide reasonable and helpful technical support services related to the operation of our infrastructure and basic Service functionality, we make no guarantees regarding the availability, timeliness, or success of these support services.

8.2. Support Limitations. Our support does not extend to gameplay support or strategic advice, assistance with third-party modifications, or support for unauthorized alterations to the Service. The scope of our support, if any, is limited to issues directly related to the operation of our infrastructure and basic functionality of the Service.

8.3. Premium Support. For users seeking extended support services, premium support packages may be (but are not guaranteed to be) available for purchase. These packages may offer additional support options beyond what is provided in our standard support scope, subject to the terms and fees of each package.

8.4. Support Conduct. Access to support services may be limited or terminated at our discretion for reasons including, but not limited to, repeated submission of frivolous support requests or abusive behavior toward support staff. We reserve the right to determine what constitutes frivolous requests or abusive behavior. By using our support services, you acknowledge and agree that we do not warrant or guarantee any specific outcomes from using such services, and that we may modify, limit, or terminate these services at any time without notice.

8.5. Support Language. Support services are provided in English only, and machine translation may be used for other languages. We cannot guarantee the accuracy of translated communications.

9. MODIFICATION AND TERMINATION OF SERVICE

9.1. Service Modifications. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice.

9.2. Termination Rights. We may terminate your access to the Service immediately and without notice for any reason or no reason.

9.3. Effect of Termination. Upon termination, your license to use the Service will immediately terminate. You will lose access to your Account and all Virtual Items, and any subscription fees paid in advance will only be refunded at our sole discretion, unless otherwise required by law.

10. SECURITY OF DATA TRANSMISSION AND STORAGE

10.1. Security of Electronic Communications. Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and us or between you and other parties.

10.2. Public Availability. Your communications and content on the Service (including, for example, Account profile pictures, public voice and text chats, and other messaging capabilities) may be publicly available to other parties.

10.3. Review of Content. You acknowledge and agree that No Hesi and our affiliates and agents are permitted, but not obligated, to review or retain your content and other communications.

11. HYPERLINKS

11.1. Linked Services. The Service may contain links to other sites and software applications (the “Linked Services”). We do not control the Linked Services, and we and our affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services.

11.2. No Endorsement. The fact that we have provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers.

11.3. Assumption of Risk. There are risks in using any information, software, or products found on the Internet, and we caution you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

11.4. No Liability. You agree that under no circumstances will you hold us or our affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.

12. TRADEMARKS AND COPYRIGHTS

12.1. Service Ownership. The Service is owned by us and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, service marks, trade names, logos, and icons are proprietary to us or are used under license from a third party.

12.2. No License. Nothing contained in the Service should be construed as granting any license or right to use any trademark displayed in the Service without our written permission or that of such third party that may own the trademarks displayed in the Service.

13. COPYRIGHT COMPLAINTS

If you believe that any content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:

13.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

13.2. Identification of the copyrighted work claimed to have been infringed.

13.3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.

13.4. Your contact information, including address, telephone number, and email address.

13.5. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.

Our designated Copyright Agent can be reached at:

Or by email at [email protected]

14. DISCLAIMER OF WARRANTIES

15. LIMITATION OF LIABILITY

16. INDEMNIFICATION

You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of: (i) your violation of this Agreement; (ii) your violation of any applicable laws or regulations; (iii) your violation of any third party’s rights, including but not limited to intellectual property rights; (iv) any content you submit to or transmit through the Service; and (v) your use of the Service, including our private servers.

17. YOUR PERSONAL INFORMATION

Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. The Privacy Policy is incorporated here by reference and can be found at https://www.nohesi.gg/privacy-policy/.

18. DISCLOSURES REQUIRED BY LAW

18.1. Disclosures. We reserve the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

18.2. Cooperation with Law Enforcement. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any user believed to be in violation of this Agreement.

18.3. No Liability. BY ACCEPTING THIS AGREEMENT, YOU GIVE UP ALL RIGHTS AND AGREE TO HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A CONSEQUENCE OF OUR INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

19. DISCLOSURES REQUIRED BY LAW

By using the Service, you represent and warrant that:

19.1. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country.

19.2. You are not listed on any U.S. Government list of prohibited or restricted parties.

19.3. You will comply with all applicable laws regarding online conduct and acceptable content.

20. GOVERNING LAW; BINDING ARBITRATION

20.1. Governing Law. This Agreement, and all future agreements you enter into with us, unless otherwise indicated, will be governed by the laws of the State of California.

20.2. Jurisdiction. For any dispute not subject to arbitration under Section 21, you agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles, California, USA.

20.3. For EU users only: In the event of a dispute, you can file a complaint with us at [email protected]. You may also file a complaint through the EU Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/.

21. BINDING ARBITRATION

21.1. Agreement to Arbitrate. Any dispute or claim relating to this Agreement or your use of the Service (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

21.2. Class Action Waiver. YOU AND NO HESI 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. Unless you and No Hesi mutually agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

21.3. Arbitration Procedures. To begin an arbitration proceeding, send an email requesting arbitration and describing your claim to [email protected]. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. JAMS rules will govern the payment of all filing, administration, and arbitrator fees. The arbitration will take place in Los Angeles, California, unless agreed otherwise. Either party may participate through virtual appearances.

21.4. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.

21.5. Opt-Out Right. You can choose to reject this arbitration agreement by emailing us at [email protected]. within 30 days of accepting this Agreement, stating that you reject the arbitration agreement.

21.6. Exceptions to Arbitration. Notwithstanding the foregoing, either party may bring an individual action in small claims court or seek emergency equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

21.7. Changes to this Section. We agree that, regardless of any provision in this Agreement, if No Hesi makes any future change to this arbitration provision, you have the right to reject such change by sending us written notice within 30 days of the change to [email protected].

21.8. Enforceability. If any part of this arbitration provision is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class arbitration).

BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU AND NO HESI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

22. MISCELLANEOUS TERMS

22.1. Agreement Revisions. Only we can revise this Agreement, either in writing or by publishing a new version on the Service.

22.2. Force Majeure. We are not liable for any delay or failure to perform resulting from causes outside our reasonable control.

22.3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.

22.4. Assignment. We may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you will be null and void.

22.5. Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.

22.6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

22.7. No Waiver. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision nor of the right to enforce such provision.

22.8. Entire Agreement. This Agreement constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and us with respect to the Service.