Payment Processor: Paddle Inc. (PCI Level 1 certified)
These Terms of Service ("Terms") govern your use of the HexPlace application and website ("Service"). By accessing and using HexPlace, you accept and agree to be bound by these terms. Payments are processed through Paddle Inc., which is also subject to Paddle's Master Services Agreement.
2. Acceptance of Terms
By accessing and using the HexPlace Service, you accept and agree to be bound by these terms and Paddle's Master Services Agreement (for payment transactions). If you do not agree to these terms, please do not use this Service.
Important: This service uses Paddle as the payment processor. All transactions are subject to Paddle's Master Services Agreement at https://paddle.com/legal/terms. By making a purchase, you also agree to Paddle's Acceptable Use Policy at https://paddle.com/help/start/intro-to-paddle/what-am-i-not-allowed-to-sell-on-paddle
3. Product Description
HexPlace is a digital entertainment platform for collaborative pixel art creation and gameplay. We offer:
Core Digital Product: A web-based multiplayer pixel art and game platform
Digital Goods: In-game currency ("Cores") purchased through Paddle
User-Created Content: Collaborative artwork and game elements
HexPlace is NOT a physical goods retailer and does not sell physical products.
4. Acceptable Products and Prohibited Use
HexPlace complies with Paddle's Acceptable Use Policy. You agree that you will NOT use HexPlace for:
Fraudulent, deceptive, unfair, abusive, or predatory practices
Violating any laws or government regulations
Outbound telemarketing or spam
Activities causing reputational damage or high chargeback risk
Violence, hate speech, or discrimination based on protected characteristics
Any business category explicitly prohibited by Paddle (see section 3 of Paddle's AUP)
5. User License and Restrictions
HexPlace and its licensors own all intellectual property rights for the Service. You may access the Service for personal, non-commercial use subject to these restrictions:
Do not republish material from the Service without attribution
Do not sell, rent, or sub-license Service content
Do not reproduce or duplicate material for commercial purposes
Do not circumvent security or authentication measures
Do not use automated tools, bots, or scripts without authorization
Do not engage in any unlawful activity
6. User-Generated Content License
When you create and display content on HexPlace ("User Content"), you grant us a non-exclusive, worldwide, irrevocable license to:
Reproduce, adapt, and publish your User Content
Display and perform your content in connection with the Service
Create derivative works for gameplay purposes
Archive and preserve your content for historical records
You represent that you own or have all necessary rights to grant this license. You are solely responsible for ensuring your User Content does not infringe third-party rights.
7. Payment Terms and Paddle Integration
By purchasing Cores or other digital products through HexPlace:
Merchant of Record: Paddle Inc. is the merchant of record for your transaction
Payment Security: All payments are processed securely by Paddle (PCI Level 1 certified). Credit card data is never stored on our servers.
Refund Policy: Refunds are governed by both this agreement and our Refund Policy (compliant with Paddle's terms)
Chargeback Rules: Any chargebacks are subject to Paddle's rules and may result in account suspension
Tax Compliance: Paddle handles all tax calculations, collection, and compliance globally
Currency: Refunds are issued in the original transaction currency
8. Digital Product Delivery
Cores are digital goods delivered immediately upon successful payment. Once delivered and used, they cannot be refunded except per our Refund Policy. Digital products are consumed instantly and cannot be returned.
9. Content Liability
HexPlace is not liable for:
Any User Content or third-party content accessed through the Service
Any harm, damages, or losses arising from the use of the Service
Unauthorized access to your account (if not caused by our negligence)
Service interruptions, errors, or bugs in the platform
10. Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis WITHOUT any warranties. HexPlace disclaims all warranties, express or implied, including:
Merchantability or fitness for a particular purpose
Non-infringement of third-party rights
Accuracy, completeness, or reliability of content
Uninterrupted or error-free operation
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. HEXPLACE DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Limitation of Liability
To the fullest extent permitted by law, HexPlace shall not be liable for:
Indirect, incidental, special, consequential, or punitive damages
Loss of revenue, income, profit, data, or anticipated savings
Business interruption or loss of use of the Service
HexPlace's total liability (if any) shall not exceed the amount you paid for the applicable product in the 12 months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless HexPlace, Paddle, and their officers, employees, and agents from any claims, damages, or costs (including legal fees) arising from:
Your use of the Service
Your violation of these Terms
Your User Content infringing third-party rights
Fraudulent or illegal activity on your account
13. Account Responsibility
If you create an account, you are responsible for:
Maintaining the confidentiality of your login credentials
All activities occurring under your account
Immediately notifying us of unauthorized access
Complying with all applicable laws and these Terms
14. Termination and Suspension
HexPlace may terminate or suspend your account and access to the Service immediately, without notice or liability, if you:
Breach any provision of these Terms
Violate Paddle's Acceptable Use Policy
Engage in fraudulent, illegal, or abusive activity
Cause excessive chargebacks or disputes
Violate intellectual property or third-party rights
15. Governing Law and Jurisdiction
These Terms are governed by applicable laws where HexPlace operates. You irrevocably submit to the jurisdiction of courts in that location.
For payment-related disputes, Paddle's jurisdiction (specified in their Master Services Agreement) takes precedence for Paddle transactions.
16. Dispute Resolution
In case of disputes related to payments or refunds:
First, contact HexPlace support at support@hexplace.live
For payment disputes, Paddle's dispute resolution process applies
Chargebacks automatically bypass resolution and may result in account suspension
17. Severability
If any provision is found invalid or unenforceable, that provision shall be modified to the minimum extent necessary, or if not possible, severed. All other provisions remain in full force and effect.
18. Changes to Terms
HexPlace reserves the right to modify these Terms at any time. Material changes will be communicated at least 30 days in advance. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
19. GDPR and Data Protection Compliance
HexPlace complies with the General Data Protection Regulation (GDPR) and all applicable data protection laws. We commit to:
Processing only necessary personal data for legitimate purposes
Obtaining explicit consent before collecting sensitive data
Maintaining data security through encryption and secure protocols
Respecting user rights to access, correction, and deletion of their data
Ensuring all third-party processors (including Paddle) comply with GDPR
Documenting and responding to Data Subject Access Requests within 30 days
Reporting data breaches to authorities within 72 hours (where required by law)
Payment data is processed exclusively by Paddle Inc., which maintains GDPR compliance and is certified as a Data Protection Officer-compliant processor.
These Terms, together with Paddle's Master Services Agreement and our Privacy and Refund Policies, constitute the entire agreement between you and HexPlace regarding the Service and supersede all prior agreements.