End User License Agreement

1. Introduction and Consent Requirement

1.1. This End User License Agreement ("EULA") is a legally binding agreement between you ("you" or "user") and the administrators of Bean Collection and Bean Development ("we," "us," or "our"). This EULA governs your access to and use of all products and services that we operate now or in the future under the Bean Collection and Bean Development brands (collectively, the "Services").

1.2. The Services include, without limitation: all websites and web pages we operate (including beancollection.online and beandevelopment.org and any successor or related domains); all online game servers and game services we host or manage; all communications platforms and community spaces we operate or manage (including but not limited to Discord servers, forums, chats, and voice channels); all storefronts, donation portals, and purchasing mechanisms; all software, code, content, designs, artwork, logos, trademarks, and documentation we provide; and any other platform, application, integration, or service we make available now or in the future.

1.3. By accessing, visiting, installing, downloading, registering for, linking accounts to, purchasing from, donating through, or otherwise using any part of the Services, you acknowledge that you have read, understand, and agree to be bound by this EULA and all policies it incorporates by reference, including our Privacy Policy and Terms Of Service (collectively, the "Agreement"). This Agreement is to be read together with our Terms of Service and Privacy Policy, both of which form part of the binding contract between you and us. If you do not agree, you must not access or use the Services.

1.4.If you access or use the Services on behalf of a company, organization, guild, team, or other entity, you represent and warrant that you are authorized to bind that entity to this Agreement, and "you" will include that entity. If you do not solely own that entity, you must also provide us with notice of your representative capacity through one of our designated communication channels (including, without limitation, the contact page on the beancollection.online website or our official Discord server) and furnish reasonable evidence, upon request, demonstrating that you are permitted and able to act on behalf of that entity. If you lack such authority or fail to provide such notice and evidence, you must not access or use the Services on behalf of that entity.

1.5. We may update or modify this EULA and any referenced policies at any time in our discretion. We will indicate the "Effective Date" when updates are posted. Changes are effective when posted, unless a later date is stated. For purposes of this Agreement, all dates and times shall be interpreted exclusively in the United States Central Time Zone (CST/CDT as applicable), which shall be referred to herein as “Real Time”. The Effective Date noted on the most recent version of this Agreement also serves as the reference point for determining our principal place of business for purposes of Section 10 (Governing Law and Dispute Resolution). Your continued access to or use of the Services after the Effective Date constitutes your acceptance of the updated terms. If you do not agree to the updated terms, you must stop using the Services.

1.6.This EULA applies globally to all users of the Services, subject to local laws. Age requirements are set out in Section 2. Additional terms, rules, or policies may apply to particular games, features, events, or platforms; where they apply, they are incorporated into and form part of this Agreement. In the event of a direct conflict between this EULA and specific rules for a particular Service, the specific rules will control for that Service.

1.7. Our names, brands, logos, and other distinctive identifiers, including without limitation “Bean Collection” and “Bean Development,” are claimed as trademarks (™) of Bean Collection and Bean Development. All original content, software, designs, artwork, and related materials provided through the Services are protected by copyright (©) upon creation. Unauthorized use of our intellectual property is strictly prohibited and may result in suspension or termination of access to the Services, as well as legal action.

1.8. Any content, materials, modifications, code, designs, artwork, data, or other intellectual property (“User Creations”) created, submitted, uploaded, or otherwise developed within, for, or through the use of the Services shall be deemed works made for hire and shall be the sole and exclusive property of Bean Collection and Bean Development. This provision applies to all individuals who access or use the Services, including but not limited to users, staff, administrators, moderators, volunteers, contractors, and employees, regardless of role or status.

To the extent that any User Creation is not eligible to qualify as a work made for hire, the individual creator hereby irrevocably assigns to Bean Collection and Bean Development all right, title, and interest in and to such User Creation, including all intellectual property rights therein. All such individuals further waive any moral rights, publicity rights, or similar rights they may have in such User Creations, to the maximum extent permitted by law.

This Section does not apply to personal works created entirely outside of the Services that are merely shared or displayed within them (such as screenshots, fan art, or personal modifications not specifically developed for or integrated into the Services). However, by sharing such works within the Services, you grant us a non-exclusive, worldwide, royalty-free license to display, distribute, and reproduce them for community and promotional purposes.

Bean Collection and Bean Development may use, reproduce, modify, distribute, display, perform, and sublicense such User Creations for any lawful purpose, without obligation of compensation, attribution, or continued access to the Services.

2. Age Requirement and Parental Consent

2.1. By accessing or using the Services in any capacity, you represent and warrant that you are at least eighteen (18) years of age. This requirement applies to all individuals, including but not limited to users, players, staff, administrators, moderators, volunteers, contractors, and employees (collectively, “Participants”). See also our Privacy Policy Section 6 for details on how we handle underage accounts and data. The Services are intended only for adults.

2.2. If you reside in a jurisdiction that sets a higher minimum age of contractual consent or digital access, you represent and warrant that you meet that higher age requirement. In all cases, parental or guardian consent will not substitute for the minimum age requirement.

2.3. Misrepresenting your age, providing false information about your eligibility, or permitting an ineligible individual to access the Services through your account or role constitutes a material breach of this EULA. If we discover or have reason to suspect that you are underage, have misrepresented your age, or otherwise lack eligibility, we may immediately suspend or terminate your account, role, or access to all Services. Where legally permissible and technically feasible, we will also delete or anonymize any personal data we hold that is connected to such ineligible access.

2.4. We disclaim all responsibility and liability for any unauthorized access or use of the Services by minors or otherwise ineligible individuals. We reserve the right to pursue all available remedies, including suspension, termination, and legal action.

3. License Grant

3.1. Subject to your full and continuing compliance with this EULA, the Terms of Service, and all applicable policies, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and fully revocable license to access and use the Services for lawful, personal, and non-commercial purposes only.

3.2. This license applies to all forms of the Services, including but not limited to websites, game servers, applications, forums, digital assets, in-game content, communication platforms, and any related software, features, or integrations provided by us.

3.3. This license does not grant you ownership or any proprietary interest in any part of the Services, including but not limited to code, images, designs, trademarks, trade names, logos, or other intellectual property owned or controlled by us or our licensors. All rights not expressly granted herein are reserved. Nothing in this Section limits or reduces your obligations under Section 6 of the Terms of Service (User-Generated Content and Intellectual Property).

3.4. You are expressly prohibited from, without our prior written consent:

• 3.4.1. Exploiting the Services, in whole or in part, for any commercial purpose;

• 3.4.2. Creating derivative works or content using our intellectual property;

• 3.4.3. Circumventing, disabling, or otherwise interfering with any security, integrity, or enforcement mechanisms of the Services.

3.5. We reserve the right, at our sole discretion and without liability, to revoke or limit your license or access at any time, with or without notice, including where we determine that your use violates this Agreement, the Terms of Service, or otherwise threatens the integrity of the Services.

3.6. Commercial licenses may be made available upon written request and at our discretion. Such licenses may include Terms of Service similar to, or materially different from, this EULA. Where a commercial license is granted, its terms may expressly exempt the licensee from specific provisions of this EULA. Unless and until such a separate commercial license is executed in writing by us, all individuals and entities remain bound by this EULA.

4. Data Collection and Consent

4.1. By accessing or using the Services, you acknowledge and agree that we collect, process, store, and use information as described in our Privacy Policy and Terms of Service, which are incorporated into this Agreement by reference. These documents describe in detail the categories of information collected, the purposes of collection, and your rights with respect to that information.

4.2. By agreeing to this EULA, you also agree to the Privacy Policy and Terms of Service, and you consent to the collection and use of your information as described therein. If you do not agree, you must not use the Services.

4.3. We may enforce community standards, ensure security, and protect the integrity of the Services through the logging of user activity (including but not limited to chat logs, platform identifiers, and IP addresses). Such enforcement may extend across all Services we operate.

4.4. If you withdraw your consent to data collection and use, your access to the Services may be immediately revoked. We may terminate your account and, where legally permissible and technically feasible, remove or anonymize your personal data. However, we reserve the right to retain certain records as necessary to comply with legal obligations, auditing requirements, fraud prevention, dispute resolution, and enforcement of this Agreement. Any retained data will be limited to what is reasonably required for such purposes.

4.5. If you are located in a jurisdiction that provides additional statutory data rights (such as the General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA) ), you may have further rights to access, correct, or request deletion of your personal data. We will honor such rights to the extent required by applicable law, provided that exercising them does not interfere with our ability to maintain the lawful operation, security, or enforcement of the Services.

5. Third-Party Terms and Disclaimer of Affiliation

5.1. The Services may rely on, integrate with, or otherwise require the use of third-party platforms, networks, or services. By accessing or using the Services, you agree to comply with all applicable third-party terms, conditions, and policies in addition to this Agreement, including but not limited to:

• Discord Terms of Service and Community Guidelines;

• Mojang/Microsoft Terms (Minecraft);

• CFX/FiveM Terms of Service;

• Rockstar Games Legal Agreements.

5.2. Your failure to comply with applicable third-party terms constitutes a breach of this Agreement and may result in suspension or termination of your access to the Services, in addition to any action that such third-party platform may take.

5.3. Bean Collection and Bean Development are independent entities. We are not affiliated with, endorsed by, or sponsored by Discord, Mojang/Microsoft, CFX/FiveM, Rockstar Games, or any other third-party platform, and no ownership or partnership is implied by our use of their platforms or services.

5.4. You are solely responsible for maintaining valid accounts, licenses, or permissions required by third-party platforms in order to access or use our Services. We disclaim all liability for loss of access arising from the suspension, termination, or restriction of your third-party accounts.

6. Prohibited Conduct

6.1. As a condition of accessing and using the Services, you agree that you will not, under any circumstances, engage in conduct that undermines the safety, security, integrity, or lawful operation of the Services or the community.

6.2. Prohibited conduct includes, without limitation, unauthorized modifications, reverse engineering, use of cheats or exploits, disruption of Services or networks, submission of unlawful or objectionable content, ban evasion, impersonation of staff, and unauthorized commercial exploitation.

6.3. Prohibited conduct may result in suspension or termination of access to some or all Services, removal of content, enforcement of bans across multiple platforms, and any other remedies available under law.

6.4. Specific rules, guidelines, and zero-tolerance standards are detailed in our Terms of Service, which are incorporated by reference into this Agreement.

7. Disclaimer of Warranty

7.1. The Services are provided strictly on an “as is,” “as available,” and “with all faults” basis. Your use of the Services is at your own sole risk.

7.2. To the fullest extent permitted by applicable law, we disclaim all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including but not limited to:

• 7.2.1. Warranties of merchantability, fitness for a particular purpose, title, and non-infringement;

• 7.2.2. Warranties that the Services will be secure, error-free, uninterrupted, or compatible with any hardware, software, system, or network;

• 7.2.3. Warranties that user-generated content or third-party content within the Services will be accurate, safe, or lawful.

7.3. We do not warrant or guarantee that the Services will always be available, uninterrupted, timely, secure, or free from errors, defects, viruses, or other harmful components.

7.4. No oral or written advice, statement, or information provided by us, our staff, or representatives shall create any warranty not expressly set out in this Agreement.

7.5. Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, our disclaimers shall apply to the maximum extent permitted by law.

8. Limitation of Liability

8.1. To the fullest extent permitted by applicable law, neither Bean Collection nor Bean Development, nor their affiliates, officers, directors, employees, contractors, or agents, shall be liable for any damages of any kind arising out of or in connection with your access to or use of the Services, or your inability to access or use the Services.

8.2. This limitation applies to all forms of damages, whether direct, indirect, incidental, special, punitive, or consequential, including without limitation:

• 8.2.1. Loss of data, accounts, characters, virtual items, progress, or digital content;

• 8.2.2. Loss of revenue, profits, business opportunities, or goodwill;

• 8.2.3. Personal injury, emotional distress, property damage, or loss resulting from interruptions, errors, security breaches, or unauthorized access to or use of the Services.

8.3. To the maximum extent permitted by law, our total aggregate liability to you for any and all claims relating to the Services will be limited to the greater of:

• 8.3.1 the total amount you have paid to us, if any, for access to or use of the Services during the three (3) months immediately preceding the claim; or

• 8.3.2 one hundred U.S. dollars (US $100).

8.4. The limitations in this Section apply whether the alleged liability is based on contract, tort, negligence, strict liability, statute, or any other legal theory, even if we have been advised of the possibility of such damages.

8.5. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Donations, Chargebacks, and Refunds

9.1. All donations, contributions, or payments made through the Services or affiliated platforms are voluntary and do not confer any ownership interest in the Services, intellectual property, or related materials. Any in-game items, perks, roles, or benefits provided in connection with donations or payments are granted solely as limited, revocable licenses and may be modified or revoked at our discretion without notice or liability.

9.2. Unless otherwise required by applicable law, all donations, payments, and purchases of digital goods or services are final and non-refundable. By completing a donation, payment, or purchase, you expressly acknowledge that you will not be entitled to a refund, reversal, or credit, regardless of the nature of the benefit received or any subsequent suspension or termination of your access to the Services.

9.3. Unauthorized or fraudulent chargebacks constitute a material breach of this Agreement. We reserve the right to:

• 9.3.1. Permanently deny you access to some or all Services;

• 9.3.2. Revoke any licenses, perks, or in-game benefits associated with the chargeback;

• 9.3.3. Seek recovery of amounts owed, including costs, fees, and damages, through collections or legal action.

9.4. You may not sell, trade, or transfer any perks, benefits, roles, or in-game items obtained through donations, payments, or purchases except as expressly authorized by us. Any attempt to do so without authorization is void and may result in suspension or termination.

10. Governing Law and Dispute Resolution

10.1. This EULA, and any disputes arising out of or relating to it or the Services, shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Bean Collection and Bean Development maintain their principal place of business as of the Effective Date of the most recent update to this Agreement, without regard to conflict of law principles.

10.2. Any dispute, claim, or controversy between you and us that arises out of or relates to this EULA or the Services shall be resolved exclusively through binding arbitration, in accordance with the arbitration clause set forth in our Terms of Service, which is incorporated herein by reference.

10.3. By agreeing to this EULA, you acknowledge and agree that you waive any right to:

• 10.3.1. A trial by jury; and

• 10.3.2. Participate in a class action, class-wide arbitration, or any other form of representative proceeding against us.

10.4. The arbitration decision shall be final and binding, and may be entered and enforced in any court of competent jurisdiction.

10.5. If arbitration is found to be unenforceable for any reason, then you agree that the exclusive venue and jurisdiction for any legal action shall be the state or federal courts located in the jurisdiction of our principal place of business as of the effective date of the most recent update to this Agreement, and you consent to the personal jurisdiction of such courts.

11. Termination

11.1. We reserve the right, at our sole discretion and without prior notice or liability, to suspend, limit, or terminate your account, role, or access to some or all of the Services if we determine that you have:

• 11.1.1. Violated this EULA, our Terms of Service, Privacy Policy, or any other applicable rule, guideline, or policy;

• 11.1.2. Engaged in conduct that is unlawful, fraudulent, abusive, disruptive, or otherwise harmful to the Services or community;

• 11.1.3. Failed to comply with third-party platform terms as required under Section 5;

• 11.1.4. Withdrawn your consent to data collection or processing as described in Section 4.

11.2. In addition to the grounds listed above, we may suspend, limit, or terminate your account, role, or access to the Services at any time, for any reason or no reason, at our sole discretion.

11.3. Upon suspension or termination:

• 11.3.1. All rights and licenses granted to you under this Agreement shall immediately cease;

• 11.3.2. We may disable or delete your accounts, characters, roles, or data associated with the Services, subject to applicable law and Section 4 (Data Collection and Consent);

• 11.3.3. You remain responsible for any obligations or liabilities incurred before termination, including payment obligations, indemnification duties, and compliance with intellectual property restrictions.

11.4. We may, but are not obligated to, provide notice of termination or suspension, and we are not responsible for any loss of access, data, or content resulting from such action.

11.5. Termination may apply globally across all Services we operate now or in the future.

11.6. The following provisions survive any termination of this Agreement: Sections 1.7, 1.8, 2, 3, 4, 6, 7, 8, 9, 10, 11.2, 11.3, 11.4, 11.5, 11.6.

12. Contact Information

12.1. For any questions, concerns, or notices regarding this EULA or the Services, you may contact us through one of the following official channels:

• 12.1.1. Email: support@beancollection.online

• 12.1.2. Website contact page: https://beancollection.online/contact

• 12.1.3. Discord: Through the official Bean Collection Discord server (Link available through our website)

12.2. Communications sent to us through unofficial channels, including personal accounts of staff, moderators, or volunteers, shall not be considered valid notice under this Agreement.

12.3. We may update our official contact methods from time to time. The most current contact information will always be posted on https://beancollection.online