Terms of Service

1. Definitions

For the purposes of these Terms of Service, the following terms shall bear the meanings assigned to them below unless context expressly requires otherwise:

• "PVEstrap" refers to the PVEstrap team, its developer(s), operator(s), contributors, and any authorised representatives acting on its behalf.
• "Services" means, collectively and individually, all software applications, Discord bots, APIs, web properties, backend infrastructure, and any other products operated, maintained, or distributed by PVEstrap, as further enumerated in §2.
• "User", "you", or "your" refers to any natural person, legal entity, or organisation that accesses, installs, or otherwise uses any of the Services.
• "Content" means any information, data, software code, text, images, designs, trademarks, or other material made available through or forming part of the Services.
• "Third-Party Services" means external platforms, applications, or infrastructure not operated by PVEstrap that may be accessed in connection with the Services, including but not limited to Discord.
• "Intellectual Property Rights" means all present and future rights under patent law, copyright law, trademark law, trade secret law, sui generis database rights, and all other proprietary rights of a similar or equivalent nature anywhere in the world.

2. Acceptance of Terms

By downloading, installing, accessing, or using any of the Services — whether directly or indirectly, including through Third-Party Services such as Discord — the User enters into a legally binding contractual relationship with PVEstrap and acknowledges unconditional acceptance of these Terms of Service in their entirety, together with PVEstrap's Privacy Policy, which is incorporated herein by reference and forms an integral part of this agreement.

If the User does not accept, or is unable to accept, any provision of these Terms of Service, the User is not permitted to access or use the Services and must immediately discontinue all use thereof, including uninstalling any PVEstrap software from any device on which it is installed.

3. Scope of Services

These Terms apply to the following Services, each of which constitutes part of the PVEstrap ecosystem:

• PVEstrap Bootstrapper — cross-platform bootstrapping and system provisioning application available for Windows, Linux, and Android.
• PVEstrapWin — Windows-native application for system management, configuration, and optimisation, including support for custom Windows installations.
• PVEstrapInput — dedicated input management application.
• PVEstrap Discord Bot — Discord application facilitating the management of PVEstrap services, workflows, and integrations within the Discord platform.
• PVEstrap API Services — programmatic backend services and interfaces, including virtual machine image services, custom Windows installation services, and system optimisation services.
• PVEstrap Web Properties — all websites, documentation portals, and web-based interfaces operated under the pvestrap.com domain and its subdomains.

These Terms apply to each Service independently and collectively, regardless of the channel or method by which a Service is accessed, including access via the Discord API, direct application download, or web browser.

4. Eligibility

Access to and use of the Services is conditional upon the User meeting the following eligibility requirements. By using the Services, the User represents and warrants that:

1. The User is at least 13 (thirteen) years of age, or such higher minimum age as may be required under applicable law in the User's jurisdiction;
2. The User possesses the full legal capacity to enter into a binding contractual agreement under the laws of the User's jurisdiction;
3. The User is not subject to any legal prohibition — whether by sanction, court order, regulatory restriction, or otherwise — that would preclude the User's access to or use of the Services;
4. Where the User acts on behalf of a legal entity or organisation, the User represents that they hold the requisite authority to bind such entity to these Terms.

Use of the PVEstrap Discord Bot is additionally subject to Discord's age eligibility requirements as set out in the Discord Terms of Service. Users who do not satisfy those requirements are not permitted to interact with the Bot.

5. Licence & Permitted Use

Subject to the User's full and continuing compliance with these Terms, PVEstrap grants the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services solely for their documented and intended purposes, as described in §2.

The permitted scope of use is strictly confined to the following:

• Personal and administrative use of PVEstrap software applications for lawful system management, configuration, and optimisation;
• Interaction with the PVEstrap Discord Bot for the purpose of managing PVEstrap-related services within authorised Discord server environments;
• Programmatic access to PVEstrap APIs strictly in accordance with their published documentation and intended functionality;
• Viewing and navigating PVEstrap web properties for informational and operational purposes.

6. Prohibited Conduct

The User agrees not to engage in, directly or indirectly facilitate, or permit any of the following acts in connection with any Service:

1. Access or use any Service for any purpose other than its intended, documented purpose as described in §2 and §4;
2. Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, architecture, or trade secrets of any PVEstrap software, API, or infrastructure component;
3. Reproduce, copy, distribute, publish, licence, sublicence, sell, resell, transfer, assign, publicly display, publicly perform, or otherwise exploit any part of the Services or any Content without PVEstrap's prior express written authorisation;
4. Modify, adapt, translate, or create derivative works based upon any part of the Services or Content;
5. Use the Services in any manner that violates any applicable local, national, European Union, or international law or regulation, including but not limited to data protection laws, intellectual property laws, export control regulations, and anti-spam legislation;
6. Attempt to gain, or gain, unauthorised access to any Service, server, network, database, account, or computer system connected to or supporting the Services;
7. Interfere with, disrupt, or degrade the operation, availability, or integrity of any Service, or any network or system underlying or connected to the Services;
8. Deploy automated scripts, crawlers, bots (other than the PVEstrap Discord Bot in its intended operational capacity), scrapers, or other automated data collection mechanisms against any Service or web property;
9. Impersonate PVEstrap, any member of the PVEstrap team, or any other person or entity, or misrepresent an affiliation with any person or entity;
10. Collect, harvest, store, or process the personal data of other Users without their freely given, specific, informed, and unambiguous consent, in violation of applicable data protection legislation including, where applicable, Regulation (EU) 2016/679 (GDPR);
11. Transmit, upload, or otherwise introduce malware, ransomware, viruses, Trojan horses, spyware, adware, or any other malicious or harmful code or content through or to any Service;
12. Remove, alter, obscure, or circumvent any copyright notice, trademark identifier, digital rights management mechanism, or other proprietary marking on or within any Service or Content;
13. Mirror, re-host, frame, republish, or redistribute any PVEstrap web property, API output, or application, in whole or in part, without express written authorisation from PVEstrap.

7. Discord Bot Provisions

The PVEstrap Discord Bot (the "Bot") is an application deployed on the Discord platform for the purpose of enabling the management of PVEstrap services and associated workflows. The following additional provisions apply to all use of the Bot:

1. The Bot is not produced by, endorsed by, certified by, or otherwise affiliated with Discord Inc. All references to Discord are descriptive only.
2. Only Users holding the requisite administrative permissions within a given Discord server may invite or configure the Bot within that server.
3. The Bot must be used exclusively for managing PVEstrap services in accordance with its documented functionality. Any other use constitutes a breach of these Terms.
4. Users must not attempt to exploit, abuse, circumvent, reverse engineer, or otherwise manipulate the Bot or any commands, endpoints, or functionality it exposes.
5. PVEstrap reserves the right, in its sole discretion, to remove, suspend, or restrict the Bot's access to any Discord server at any time, with or without prior notice, upon a violation of these Terms or any applicable Discord policy.
6. The Bot may process certain data in connection with its operation; such processing is governed by PVEstrap's Privacy Policy and, where applicable, Discord's own policies.
7. The administrator or owner of any Discord server into which the Bot is invited bears responsibility for ensuring that server members are appropriately informed of the Bot's presence and functionality.

All use of the Bot is additionally and concurrently subject to the Discord Terms of Service, Discord Community Guidelines, and Discord Developer Policy.

8. Intellectual Property

All Intellectual Property Rights in and to the Services and all Content — including but not limited to software code, interface designs, graphical elements, trademarks, service marks, trade names, logos, documentation, and all other proprietary materials — vest exclusively in and are retained by PVEstrap. All rights not expressly granted herein are reserved.

No provision of these Terms shall be construed as a transfer, assignment, or waiver of any Intellectual Property Rights held by PVEstrap. The licence granted under §4 confers solely the limited right to use the Services as expressly described and does not convey any ownership interest.

Reproduction, distribution, modification, public display, communication to the public, or transmission of any Content — in whole or in part, in any form or by any means, whether electronic, mechanical, photocopying, recording, or otherwise — is strictly prohibited without PVEstrap's prior express written consent. PVEstrap actively monitors for and will enforce its Intellectual Property Rights through all available civil and, where applicable, criminal legal channels.

Any feedback, ideas, suggestions, or other submissions voluntarily provided by the User to PVEstrap in relation to the Services may be used by PVEstrap freely, without restriction, compensation, or attribution, and the User hereby irrevocably assigns to PVEstrap all rights in such submissions to the extent necessary to give effect to this provision.

9. Disclaimers & Warranties

To the fullest extent permitted by applicable law, the Services are provided strictly on an "as is" and "as available" basis, without representation or warranty of any kind, whether express, implied, statutory, or otherwise.

PVEstrap expressly excludes and disclaims all implied warranties and conditions, including but not limited to:

• Implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose;
• Implied warranties of title and non-infringement;
• Warranties arising from course of dealing, usage, or trade practice.

Without limiting the foregoing, PVEstrap does not warrant or represent that:

• The Services will meet the User's requirements or expectations;
• The Services will be uninterrupted, timely, secure, or error-free;
• Any defects or errors will be corrected;
• The Services or servers hosting them are free of viruses, malware, or other harmful components;
• Any information obtained through the Services is accurate, complete, or reliable.

Nothing in these Terms operates to exclude statutory warranties that cannot lawfully be excluded under the law of the User's jurisdiction.

10. Limitation of Liability

To the maximum extent permitted by applicable law, PVEstrap, its team members, contributors, officers, licensors, and agents shall not be liable to the User or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind whatsoever, arising out of or in connection with these Terms or the User's access to, use of, or inability to access or use, any Service, including but not limited to:

• Loss of profits, revenue, or anticipated savings;
• Loss of goodwill, business, contracts, or commercial opportunity;
• Loss of, corruption of, or damage to data or information;
• Business interruption or loss of use;
• Any indirect or consequential loss or damage of any nature.

Whether or not PVEstrap has been advised of the possibility of such damages and regardless of the theory of liability (whether in contract, tort, negligence, strict liability, or otherwise), PVEstrap's total aggregate liability to the User in connection with any claim arising from or relating to these Terms or the Services shall not exceed the greater of: one United States Dollar (USD $1).

The limitations of liability set forth in this section apply to the fullest extent permitted by law in the applicable jurisdiction and reflect a reasonable allocation of risk between the parties as a material inducement for PVEstrap to provide the Services.

11. Indemnification

The User agrees to defend, indemnify, and hold harmless PVEstrap, its team members, contributors, officers, licensors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• The User's access to or use of the Services;
• Any breach by the User of these Terms or any representation or warranty made herein;
• Any violation by the User of any applicable law, regulation, or third-party rights, including Intellectual Property Rights and data protection obligations;
• Any content or data submitted, transmitted, or otherwise made available by the User through the Services.

PVEstrap reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by the User, in which case the User shall cooperate with PVEstrap in the assertion of any available defences.

12. Suspension & Termination

PVEstrap reserves the right to suspend, restrict, or permanently terminate the User's access to any or all Services, in whole or in part, at any time and in its sole discretion, with or without prior notice, including but not limited to where PVEstrap reasonably determines that:

• The User has violated any provision of these Terms;
• The User has violated any applicable Discord policy or developer guideline;
• The User's conduct is or may be harmful to PVEstrap, other users, or third parties;
• Continued provision of the Services would expose PVEstrap to legal liability;
• Such action is required by applicable law, regulatory authority, or court order.

Upon termination of access, the User's licence under §4 is immediately revoked, and the User must cease all use of the Services and destroy any locally stored copies of PVEstrap software.

Provisions of these Terms that by their nature are intended to survive termination — including but not limited to §7 (Intellectual Property), §8 (Disclaimers), §9 (Limitation of Liability), §10 (Indemnification), and §13 (Governing Law) — shall continue in full force and effect.

13. Governing Law & Dispute Resolution

These Terms of Service, and any dispute or claim arising out of or in connection with them or their subject matter or formation — including non-contractual disputes or claims — shall be governed by and construed in accordance with applicable international principles of contract law. Where mandatory local consumer protection laws confer upon the User rights that cannot lawfully be excluded or varied by agreement, such rights are unaffected by these Terms.

In the event of any dispute, the parties agree to first seek resolution through good-faith negotiation and direct communication via the contact channels set out in §15. If a dispute cannot be resolved informally, either party may pursue available legal remedies before a court or competent authority of appropriate jurisdiction.

14. Amendments

PVEstrap reserves the right to amend, revise, or replace these Terms of Service at any time, at its sole discretion and with or without prior notice. Any amendment shall take effect immediately upon publication at pvestrap.com/legal/terms or such other URL as PVEstrap may designate.

The User's continued access to or use of any Service following the publication of any amendment constitutes the User's unconditional acceptance of the revised Terms. It is the User's responsibility to review these Terms periodically. If the User does not accept an amendment, the User must immediately cease all use of the Services.

PVEstrap similarly reserves the right to amend the Privacy Policy at any time, with or without prior notice, on the same basis.

15. Miscellaneous

Entire Agreement. These Terms of Service, together with the Privacy Policy and any other documents incorporated herein by reference, constitute the entire agreement between the User and PVEstrap with respect to the subject matter hereof and supersede all prior understandings, representations, and agreements.

Severability. If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid, unlawful, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

No Waiver. The failure or delay by PVEstrap to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be made in writing and signed by an authorised representative of PVEstrap.

No Partnership. Nothing in these Terms shall create or be deemed to create any partnership, joint venture, agency, franchise, or employment relationship between the User and PVEstrap.

Assignment. The User may not assign or transfer any rights or obligations under these Terms without PVEstrap's prior written consent. PVEstrap may freely assign its rights and obligations under these Terms, including in connection with a merger, acquisition, or sale of assets.

Language. These Terms are drafted and provided in English only. English is the sole governing language for all legal and interpretive purposes. Any translation provided for convenience shall have no legal effect.

16. Contact

Notices, queries, or legal correspondence regarding these Terms of Service, or requests to report a suspected violation, should be directed to PVEstrap through the following channels:

• Website: pvestrap.com
• Discord Community: [Currently Unavailable]