Terms of Service

1. Acceptance of Terms

By accessing or using RPG Element Forge ("the Service"), located at rpgelementforge.com and operated by Quicksilver Industries Ltd. ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use the Service. We may update these Terms at any time, and your continued use of the Service after any changes constitutes acceptance of the revised Terms.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are between the ages of 13 and 18, you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Description of Service

RPG Element Forge is an AI-powered content generation tool currently in open beta that creates characters, worlds, NPCs, and other elements for tabletop role-playing games. The Service uses artificial intelligence (powered by third-party AI providers) to generate creative content based on user inputs. The Service is offered in both a free tier (with daily usage limits) and paid subscription plans ("Pro") with expanded features and higher usage limits. As a beta service, features, pricing, and availability are subject to change.

4. User Accounts

You may sign in using third-party authentication providers (such as X/Twitter or Google). You are responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information. We reserve the right to suspend or terminate any account that we reasonably believe has been compromised or is being used in violation of these Terms.

5. Subscriptions and Payments

Billing

Paid subscriptions are billed in advance on a recurring basis (monthly or annually, depending on the plan you select). All payments are processed securely through Stripe, our third-party payment processor. By subscribing, you authorize us to charge the payment method on file for all applicable fees.

Pricing Changes

We reserve the right to change subscription pricing at any time. Any price changes will take effect at the start of your next billing cycle. We will provide reasonable advance notice of pricing changes via the email address associated with your account.

Cancellation

You may cancel your subscription at any time through the Stripe billing portal accessible from the Pricing page. Upon cancellation, your subscription will remain active until the end of your current billing period. After that, your account will revert to the free tier. No partial refunds will be issued for unused time within a billing period.

Refunds

All subscription fees are non-refundable except as required by applicable law. If you believe you have been charged in error, please contact us within 30 days of the charge, and we will review your request on a case-by-case basis.

Free Trial

If we offer a free trial, you will not be charged during the trial period. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial expires.

6. User Content and Generated Content

Your Inputs

You retain all ownership rights in the inputs, prompts, and other content you provide to the Service ("User Content"). By submitting User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, and transmit your User Content solely for the purpose of operating and providing the Service.

Generated Content

Content generated by the AI ("Generated Content") is provided for your personal and commercial use in tabletop gaming and related creative projects. You may use Generated Content freely, subject to the following acknowledgments: (a) similar or identical content may be generated for other users; (b) Generated Content is produced algorithmically and may contain errors, inaccuracies, or unintended similarities to existing works; and (c) we make no representations or warranties regarding the originality, accuracy, or fitness for any particular purpose of Generated Content.

No Guarantees of Uniqueness

We do not guarantee that Generated Content will be unique to you. Other users may receive similar or identical outputs based on their inputs. You are solely responsible for ensuring that your use of Generated Content does not infringe upon the rights of any third party.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Generate content that is hateful, harassing, threatening, defamatory, obscene, or that promotes violence or discrimination
• Attempt to reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service
• Use automated tools, bots, scrapers, or similar mechanisms to excessively or abusively access the Service
• Interfere with, disrupt, or create an undue burden on the Service or its infrastructure
• Resell, sublicense, or redistribute the Service itself (as distinct from Generated Content)
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Circumvent or attempt to circumvent usage limits, authentication mechanisms, or other security features
• Upload or transmit viruses, malware, or other harmful code

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing content, suspending or terminating accounts, and reporting violations to law enforcement.

8. Intellectual Property

The Service, including its design, logos, trademarks, code, features, and documentation, is owned by Quicksilver Industries Ltd. and is protected by copyright, trademark, and other intellectual property laws of the United States and the State of Georgia. Nothing in these Terms grants you any right, title, or interest in the Service itself, except for the limited right to use the Service as permitted by these Terms.

9. AI-Generated Content Disclaimer

Content generated by the Service is produced by artificial intelligence and is provided "as is" without any warranty of any kind. We do not guarantee the accuracy, completeness, reliability, originality, or suitability of any Generated Content. AI-generated content may contain factual errors, biases, or unintended outputs. You are solely responsible for reviewing, verifying, and adapting Generated Content before use. We expressly disclaim any liability for damages arising from your reliance on or use of Generated Content.

AI-generated content may, despite our best efforts and the safeguards implemented by our third-party AI providers, occasionally produce output that is offensive, inappropriate, inaccurate, harmful, or objectionable. This may include content that is violent, sexually suggestive, culturally insensitive, biased, or otherwise unsuitable. The Company does not endorse, approve, or take responsibility for any AI-generated output. You acknowledge that the nature of AI content generation makes it impossible to fully predict or control all outputs. You assume all risk associated with your use of Generated Content and agree that the Company shall not be held liable for any claims, damages, or losses arising from offensive, inappropriate, or harmful content produced by the AI, whether used by you or shared with others.

If you encounter Generated Content that you believe is offensive or inappropriate, we encourage you to discard it and, if you wish, report it to us at contact@quicksilver.tech so we can work to improve the Service.

10. Third-Party Services

The Service relies on third-party providers, including but not limited to xAI (Grok) for AI content generation, Stripe for payment processing, and Google/X (Twitter) for authentication. Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or conduct of any third-party service. If a third-party service becomes unavailable or changes its terms, we may modify or discontinue features of the Service that depend on it.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS CURRENTLY IN BETA AND MAY CONTAIN BUGS, ERRORS, OR INCOMPLETE FEATURES. WE MAKE NO WARRANTY THAT ANY BETA FEATURES WILL BE RELEASED IN A FINAL VERSION.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUICKSILVER INDUSTRIES LTD., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY GENERATED CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

13. Indemnification

You agree to indemnify, defend, and hold harmless Quicksilver Industries Ltd. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your User Content.

14. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. If you have an active paid subscription, termination for cause (violation of these Terms) will not entitle you to any refund. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in the State of Georgia, and you consent to the personal jurisdiction of such courts.

16. Dispute Resolution

Before filing any legal claim, you agree to attempt to resolve any dispute informally by contacting us. If the dispute is not resolved within thirty (30) days of your written notice, you agree that any remaining dispute, controversy, or claim shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in the State of Georgia.

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

17. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. If we discontinue a paid feature, we will provide reasonable notice and, where appropriate, a prorated refund.

18. Severability

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Quicksilver Industries Ltd. regarding the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us.

20. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.

21. Contact

If you have any questions about these Terms of Service, please contact us at:

Quicksilver Industries Ltd.
Email: contact@quicksilver.tech