These terms of service (“Terms of Service”) outline the terms and conditions for the use of the services described herein and offered by Breeze (“Service Provider” or “us”) via its website www.breeze.rip, any of its sub-domains and related applications.
Please read these Terms of Service carefully before using the service. By using the service, you are regarded to be bound by the Terms of Service, and you further represent that you have read, understood and fully agree to the Terms of Service. If you object to any of the provisions in the Terms of Service, you may not use the service. These Terms of Service form a binding legal agreement between Service Provider and each user of the service (“User”).
The Terms of Service may be amended from time to time by us unilaterally. In case you continue using our services, it is regarded that you have accepted such new Terms of Service. Should you not agree to the amended Terms of Service, please discontinue the use of our services
1. Subject to the usage of a License Key (alphanumeric string of characters used to redeem the Client, distributed via online marketplace or otherwise), the Service Provider shall grant the User access to the Service Provider’s client “Breeze” (“Client”). The Client is https://breeze.rip/. Access is granted only to the version of the Client that exists at the time of payment (i.e. then current up-to-date version). Any later version(s) of the Client shall be purchased separately, unless the Service Provider unilaterally and in its full discretion (without having any obligation to do so) decides to provide updates, patches, or upgrades to the Client.
2. The Service Provider grants to the User a personal, non-exclusive, non-assignable and non-transferable license to download and use the Client for its intended purpose, of which the User is a primary or authorized user. For the sake of clarity, no transfer of any intellectual property takes place under these Terms of Service, i.e. in offering access and licenses to the Client, the Service Provide maintains and retains full rights to any of its intellectual property regarding the Client, Discord Server (as described in Section 4) or otherwise.
3. Any use of the Client contravening its intended purpose is strictly prohibited. Without any limitations to the aforementioned, the unauthorized copying, transferring, “mirroring” or publication of the Client, including, without limitation, software that has been modified, merged or included with the Client, or the materials associated therewith, is expressly forbidden. The User may not sublicense, assign, or transfer this license nor the Client. The User agrees not to copy or duplicate or permit anyone else to copy or duplicate any part of the Client, or create or attempt to create, or permit others to create or attempt to create, by reverse engineering, decompiling or otherwise, the source program or any part thereof from the object programs or from other information available to the User. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void. Any breach of this section or the Terms of Service in general may result in the Service Provider terminating the license without prior notification to the Client and demanding compensation for any damages caused to the Service Provider due to the breach of these Terms of Service.
4. The User acknowledges and agrees that the Service Provider has the right to implement safeguards to verify the use of Client in accordance with the Terms of Service. Such safeguards may, inter alia, include the use of hardware ID verification systems. Any attempts to circumvent or spoof such safeguards may result in the Service Provider terminating the license without prior notification to the Client and demanding compensation for any damages caused to the Service Provider due to such circumvention or spoofing attempt.
1. For receiving access to the Client, the User shall pay a one-time fee in the amount of (or equivalent in USD or cryptocurrency) to Spezz Exchanges (https://spezz.exchange/). Acquisition of the Client will be granted via a redeemable access key in the User’s account dashboard on www.breeze.rip
2. The Service Provider may introduce additional features to the Client via downloadable add-ons and expansions. Unless expressly otherwise stated, such downloadable add-ons and expansions are not included in the fee stated in Section 3.1 of these Terms of Service. Any pricing information on such downloadable add-ons and expansion will be provided by the Service Provider via its website.
1. Except as expressly provided herein, all fees are non-refundable
2. The User is entitled to a refund in case the licensed Client is fully unusable and the User has notified the Service Provider within 5 business days of payment and the licensed Client cannot be restored during a reasonable time, which in any case shall be at least 5 business days. To avoid confusion, no refunds will be made in case the circumstances described in Section 7 arise.
1. Acquisition of the Client permits the User to access the Discord Server (a multi-room chat service provided by https://discord.com/). Access to the Discord Server may be revoked at any time for any reason.
2. Access to the Discord Server is considered separate from the Client. It is not guaranteed in the purchase of the Client.
1. The Client and the Discord Server are provided on an “as is” and “as available” basis, with no further warranties regarding the availability, accuracy or functionality of the Client and the Discord Server. The Service Provider does not warrant that the use of Client or the Discord Server will be continuous, uninterrupted, timely, or error-free. In case of any interruptions or similar events, the Service Provider will endeavor to solve it as quickly as reasonably possible.
1. The Service Provider’s website may contain links to other websites. The User acknowledges and agrees that the Service Provider is not responsible for the contents of any of these linked websites, including the accuracy or availability of information provided therein, and we make no representations or warranties regarding the use of linked websites.
1. The Service Provider has at all times the right to remove any version (whether previous or up-to-date version) of the Client and to in general discontinue the provision of any services in connection with the Client or the Discord Server at any time by publishing a respective notice on its website. In such cases, the Users do not have a right for a partial nor a full refund.
2. The Service Provider has the right to in part or in full terminate the license and any provision of services regarding the Client and otherwise (this includes limiting or denying access to the Client and to the Discord Server) with respect to a User without any prior notice nor the obligation to make any refunds nor pay any compensation (unless otherwise expressly stated below) in case the User:
1. The liability of the Service Provider is limited to the fullest extent permitted by applicable law. Unless otherwise specified in these Terms of Service, the Service Provider shall not be liable for any loss or damage suffered by the User or any third party, unless it results from the Service Provider’s negligence. The Service Provider shall only be liable only for direct damages (i.e. any liability for any lost profit, lost revenue or other similar consequential damage is excluded) and the aggregate liability of the Service Provider shall be limited to the total amount of any fees paid by the User for the services offered by us. The limitations on liability set out herein do not apply in case the Service Provider’s breach is due to gross negligence or of a wilful nature.
2. The Service Provider is not liable for any breach, including delays, failure in performance or interruption of services regarding the Client, Discord Server and otherwise, where such arise directly or indirectly from abnormal and unforeseeable circumstances beyond the control of the Service Provider, the consequences of which would have been unavoidable despite all efforts, or where the breach is due to the application of imperative legal rules or any restrictions arising from the terms of use of third party software.
3. To the extent allowed under the applicable law, the User shall indemnify, defend, and hold the Service Provider harmless from and against any and all claims and damages filed or incurred by any third party arising out of a breach by such User of any warranty, representation, or obligation under these Terms of Service.
1. The Service Provider is not responsible for the User’s online gaming accounts as a result of provision of services described herein. The User shall be solely responsible for its online gaming activities and the consequences thereof, including any material or immaterial damage.
2. The usage of the Client in the User’s online gaming is not guaranteed to prevent the User’s losing. This Client is only aimed at improving the experience of online gaming without any insurance of bypassing a losing game.
1. The User acknowledges that the Service Provider may process personal data in relation to the performance of the service. Processing and protection of personal data is regulated under the Privacy Policy, and is hereby incorporated by this reference into these Terms of Service. In accordance, the User represents and warrants that they have read and understood the Privacy Policy.
1. Invalidity, nullity or unenforceability of any single provision of the Terms of Service does not affect the validity or enforceability of any other provisions. In case the parties detect an invalid provision, the parties will substitute it with an enforceable provision that approximates the intent and economic effect of the affected provision.