DIVINE PHOENIX END USER LICENSE AGREEMENT

Version 1.0

Preamble

Welcome to Divine Phoenix.

Divine Phoenix is a platform that hosts worlds, campaigns, characters, communities, and related services. By creating an account, accessing, or using Divine Phoenix, you acknowledge that you have read, understood, and agreed to be bound by this End User License Agreement ("EULA").

If you do not agree to these terms, you may not create an account or use Divine Phoenix services.

Players may come and go, but the Realm remembers.

1. Definitions

For the purposes of this Agreement:

"Divine Phoenix" means the platform, software, services, infrastructure, websites, worlds, campaigns, and related systems operated by the Owner.

"Owner" means the operator and ultimate administrator of Divine Phoenix.

"User" means any person who accesses or uses Divine Phoenix.

"Player" means a User participating in campaigns or game activities.

"Dungeon Master" or "DM" means a User entrusted with campaign administration and game management.

"Administrator" means a User granted elevated platform permissions.

"Character" means a game entity associated with a Player.

"Realm Data" means campaigns, characters, histories, notes, inventories, events, and related records.

"Archived Data" means Realm Data preserved after account deletion or other administrative actions.

2. Acceptance of Terms

Acceptance of this Agreement is mandatory for account creation.

By creating an account, the User expressly agrees to this EULA and all associated policies.

The acceptance of this EULA shall be recorded by Divine Phoenix.

Users who do not accept these terms may not create an account or access Divine Phoenix.

3. Accounts and Eligibility

Users are responsible for maintaining the confidentiality of their credentials.

Users are responsible for all activities performed through their accounts.

Divine Phoenix may suspend, restrict, or terminate accounts at its sole discretion.

An account grants access to Divine Phoenix services but does not confer ownership rights over the platform.

4. Ownership of the Platform

All software, infrastructure, databases, designs, documentation, worlds, campaign systems, trademarks, logos, and related intellectual property remain the exclusive property of Divine Phoenix and its Owner.

Nothing contained herein transfers ownership rights to Users.

5. Characters and Realm Data

Characters and Realm Data are considered part of the living history of the Realm.

Characters are associated with Players but remain subject to the governance and operation of Divine Phoenix.

Account ownership does not imply ownership of Realm Data.

The continued existence, accessibility, or restoration of Characters and Realm Data is not guaranteed.

6. Archived Realm Data

Deletion of an account does not necessarily imply destruction of Realm Data.

Realm Data may be archived, locked, or preserved for historical, administrative, continuity, or operational purposes.

Archived Data is inaccessible through normal Player functionality.

Divine Phoenix makes reasonable efforts to preserve Archived Data but provides no guarantee of perpetual availability.

Hardware failures, software defects, migration events, disasters, or policy changes may result in permanent loss of Archived Data.

7. Restoration Services

Restoration of Archived Data is not a right.

Any restoration of Characters, campaigns, or Realm Data is performed solely at the discretion of Divine Phoenix.

Administrative fees or service charges may apply.

Divine Phoenix is under no obligation to provide restoration services.

8. Account Suspension and Termination

Divine Phoenix reserves the right to suspend, restrict, or permanently terminate any account for any reason, including but not limited to:

  • violation of this Agreement;
  • abuse of the platform;
  • disruptive conduct;
  • security concerns;
  • operational requirements.

Termination of an account does not automatically require deletion of Realm Data.

9. Permanent Purge

Divine Phoenix reserves the right to permanently delete Archived Data.

Once permanently purged, recovery may no longer be possible.

Divine Phoenix assumes no liability for the consequences of such deletion.

10. User Generated Content

Users retain ownership of original creative works created outside the platform.

By using Divine Phoenix, Users grant Divine Phoenix a perpetual, worldwide, non-exclusive, royalty-free license to store, process, archive, display, and maintain content submitted to the platform for operational purposes.

11. Prohibited Conduct

Users shall not:

  • attempt unauthorized access;
  • interfere with platform operation;
  • exploit vulnerabilities;
  • impersonate others;
  • distribute malicious software;
  • engage in harassment or unlawful conduct.

Divine Phoenix may take any action deemed necessary to protect the platform and its Users.

12. Paid Services

Divine Phoenix may offer subscriptions, restoration services, premium features, campaigns, or other paid services.

Prices and availability may change without notice.

No entitlement to future availability is implied.

13. No Warranty

Divine Phoenix is provided on an "AS IS" and "AS AVAILABLE" basis.

No warranties, express or implied, are made regarding uninterrupted operation, fitness for a particular purpose, availability, or data preservation.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Divine Phoenix and its Owner shall not be liable for:

  • data loss;
  • service interruptions;
  • loss of profits;
  • indirect damages;
  • consequential damages;
  • incidental damages;
  • corruption of data;
  • inability to access archived information.

15. Force Majeure

Divine Phoenix shall not be liable for delays, interruptions, or failures caused by events beyond reasonable control, including but not limited to natural disasters, hardware failures, power outages, wars, cyber attacks, governmental actions, or internet disruptions.

16. Changes to the Service

Divine Phoenix may modify, replace, discontinue, or remove features, services, campaigns, worlds, or content at any time.

No vested rights are created by continued use.

17. Privacy

Personal data shall be processed in accordance with the applicable Privacy Policy and relevant laws.

Nothing in this Agreement limits rights granted under applicable privacy legislation.

18. Severability

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19. Governing Law

This Agreement shall be governed by the laws of the Netherlands.

Any disputes shall be subject to the competent courts of the Netherlands.

20. Entire Agreement

This EULA constitutes the entire agreement between Divine Phoenix and the User and supersedes all prior understandings relating to the use of the platform.

Players may come and go, but the Realm remembers.