Terms of Service

Section 01Agreement and acceptance

These Terms of Service (the "Terms") form a binding legal agreement between you ("you", "your", the "User") and the operator of Obsidian Menu ("we", "us", "our", the "Operator"), who operates the website at obsidianmenu.com (the "Site") and distributes the software product known as Obsidian Menu (the "Software").

The Operator is established in the Slovak Republic. All communication with the Operator, including support, refund requests under Section 9, machine binding releases, rights requests and legal notices, is handled through the Obsidian community platform on Discord, which is the Operator's sole published contact channel.

You accept these Terms, and they become binding on you, at the earliest of the following moments:

1. you create an account on the Site;
2. you complete a purchase of any licence for the Software;
3. you redeem a licence key against an account;
4. you download, install, load, inject or otherwise run the Software or the loader; or
5. you tick, click or otherwise affirmatively indicate acceptance of these Terms.

If you do not agree to every part of these Terms, you must not create an account, must not purchase a licence, and must not use the Software. Continued use after any revision of these Terms constitutes acceptance of the revised Terms as described in Section 21.

Section 02Definitions

Section 03Eligibility

To purchase a Licence or use the Software you represent and warrant, on each occasion that you do so, that:

• you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction of residence, whichever is greater;
• you have full legal capacity to enter into a binding contract, and have not previously had an Account terminated by us for cause;
• you are not located in, under the control of, or a national or resident of any country subject to comprehensive trade sanctions administered by the jurisdiction in which the Operator is established, and you are not listed on any applicable restricted party, denied party or specially designated nationals list;
• you own or otherwise lawfully possess a legitimate, non-pirated retail copy of the Game on the Windows PC platform; and
• your use of the Software will not violate any law applicable to you.

We may require evidence of eligibility at any time and may suspend an Account pending that evidence. Providing false eligibility information is a material breach of these Terms.

Section 04Licence grant

Subject to your continuous compliance with these Terms and to payment in full of all applicable fees, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to install and run one (1) copy of the Software on one (1) computer at any one time, for the duration of your Subscription Term, solely for your own personal and non-commercial use.

4.1 What the Licence is not

The Software is licensed, not sold. No title, ownership interest, or intellectual property right in or to the Software passes to you under these Terms or under any purchase. All rights not expressly granted in this Section 4 are reserved by us and our licensors.

4.2 Machine Binding

Each Licence binds to a single computer the first time the Software runs against it. A bound Licence will not operate on a second computer while the binding stands. Section 10 describes how a binding may be released.

4.3 Scope

The Licence permits use of the Software with the Red Dead Online multiplayer service on the Windows PC platform only. No other platform, product, service or game is within scope, and no support obligation of any kind arises in respect of anything outside that scope.

Section 05Accounts and credentials

• Accuracy. You must supply accurate registration information and keep it current. Registration requires a username, a password and a valid Licence Key; we do not collect an email address, so the email you give the payment provider at checkout is the only address your Licence Key is delivered to. Getting it wrong is your responsibility.
• Confidentiality. You are solely responsible for keeping your password, session cookies, Licence Keys and any recovery credentials confidential. We will never ask you for your password.
• Responsibility for activity. You are responsible for all activity occurring under your Account, whether or not you authorised it, unless and until you notify us of a compromise.
• Compromise. You must notify us without undue delay, and in any event within seventy two (72) hours of becoming aware, of any unauthorised access to your Account or any loss or disclosure of a Licence Key.
• One person, one Account. Accounts are personal. Creating multiple Accounts to circumvent a suspension, a chargeback ban, a rate limit, or any other enforcement action is a material breach.
• No transfer. Accounts and Licences may not be sold, gifted, rented, lent, leased, traded or otherwise transferred to any other person, whether for value or not.

Section 06Restrictions on use

You must not, and must not permit or assist any third party to:

1. copy, reproduce, publish, distribute, upload, mirror, host, or otherwise make the Software available to any person other than yourself;
2. sell, resell, sublicense, rent, lease, lend, or commercially exploit the Software, a Licence, a Licence Key, or access to an Account;
3. reverse engineer, decompile, disassemble, deobfuscate, unpack, dump from memory, or otherwise attempt to derive the source code, algorithms, protection mechanisms, or internal structure of the Software, except and only to the extent that this restriction is expressly prohibited by applicable law;
4. modify, adapt, translate, patch, hook, hot-load, or create derivative works based on the Software;
5. remove, obscure, disable, tamper with, or circumvent any licensing check, authentication step, watermark, telemetry, integrity check, or usage limitation contained in the Software or in the loader;
6. use the Software with any pirated, cracked, or otherwise unlawfully obtained copy of the Game;
7. use the Software on any platform, emulator, virtual machine, private server, or unofficial server other than the retail Windows PC build of the Game connected to the official Red Dead Online service, except where we have expressly stated otherwise in writing;
8. use the Software to develop, test, train, benchmark or improve any competing product, or to extract data for that purpose;
9. use the Software in any automated, unattended, farmed, or multi-instance configuration, including account farming or key-selling operations;
10. use the Software in a manner that imposes an unreasonable or disproportionate load on our infrastructure or that of any Third Party Service; or
11. use the Software in violation of any applicable law, including computer misuse, fraud, sanctions, export control, and consumer protection law.

Each item above is a material term. Breach of any one of them entitles us to terminate your Licence immediately under Section 18 without refund.

Section 07Purchases, pricing and taxes

7.1 Prices

All prices are displayed on the Site in United States Dollars (USD) unless expressly marked otherwise. Prices are subject to change at any time; the price that applies to a purchase is the price displayed at the moment you complete checkout.

7.2 Payment processing

Payments are processed by our third party payment and delivery provider. We do not receive, store, or have access to your full card number, card security code, or bank credentials. Your payment is additionally subject to that provider's own terms and privacy policy, which you should read before purchasing.

7.3 Taxes

Displayed prices exclude any value added tax, goods and services tax, sales tax, use tax, duty, levy or similar charge unless the checkout expressly states otherwise. Where such a charge applies, it may be added at checkout by the payment provider, or, where it is not, you are responsible for assessing and remitting it to the relevant authority.

7.4 Currency conversion and bank fees

Any currency conversion charge, foreign transaction fee, intermediary bank fee or similar cost imposed by your card issuer or bank is your responsibility and is not refundable by us.

7.5 Failed and reversed payments

If a payment fails, is reversed, is charged back, or is otherwise not settled to us, any Licence issued in respect of that payment is void with immediate effect and may be revoked without notice.

7.6 Fraud screening

We and our payment provider may decline, delay, or cancel any order that fails fraud screening, without obligation to explain the specific signal that caused the decision.

Section 08Delivery

Licence Keys are digital goods and are delivered electronically, ordinarily within a few minutes of a payment settling, to the email address you provide at checkout and on the order page shown by the payment provider. Delivery is deemed complete when the key is made available to you, whether or not you open, read, or act on it.

If a key has not reached you within twenty four (24) hours of a settled payment, contact support with your order reference and we will investigate. Non-delivery caused by a mistyped email address, a full inbox, or an aggressive spam filter is not a failure of delivery on our part, though we will re-issue where we reasonably can.

Section 09Refunds and chargebacks

9.1 The 24 hour window

We operate a goodwill refund window. You may request a refund by opening a ticket on our community platform within twenty four (24) hours of the payment settling, stating a reason. Requests made after that window will not be accepted.

This window is offered voluntarily. It is not a statutory right, it is not a no-questions-asked guarantee, and we have the final say on whether a stated reason is genuine. We will not be unreasonable about it, and we will tell you why if we decline.

9.2 Reasons we will normally accept

• the Software will not launch or will not function on your machine, and support was unable to resolve it in a reasonable time;
• the product materially differs from how it is described on the Site, and you can say what you expected differently;
• you were charged more than once for a single order, through a fault on our side or our payment provider's side;
• a settled payment produced no Licence Key at all and we cannot issue a replacement; or
• you bought the wrong tier by mistake and have not redeemed the key.

9.3 Reasons we will not accept

• a launch or usage problem you have not brought to support first;
• "I only bought it to try it", or any other trial purchase framed as a refund;
• you changed your mind, stopped playing, or want the money back for something else;
• your Game account was warned, suspended, wiped or banned, for any reason (see Section 13);
• the Software was temporarily unavailable following a Game update, as described in Section 11.3;
• the Software was permanently discontinued, save as expressly provided in Section 11.4;
• your antivirus, security software or system configuration blocks the Software from running, where the Software itself is not at fault;
• you cannot satisfy the eligibility requirements in Section 3; or
• a feature does not do what you personally assumed it would, where it operates as described.

9.4 Beyond the window

After 24 hours, and to the fullest extent permitted by applicable law, all sales are final. No refund, credit, or exchange is available, except where a refund is required of us by mandatory consumer protection law that cannot be excluded by agreement.

9.5 Statutory withdrawal rights

The Software is digital content supplied otherwise than on a tangible medium. Under Article 16(m) of Directive 2011/83/EU on consumer rights, as implemented in the Slovak Republic, the fourteen day right of withdrawal does not apply to such content where performance has begun with the consumer's prior express consent and with the consumer's acknowledgement that the right of withdrawal is thereby lost.

By completing checkout you expressly request that supply begins immediately on delivery of the Licence Key, and you acknowledge that you thereby lose your right of withdrawal. Where your local law does not permit that waiver, your statutory right is unaffected by this Section, and the window in Section 9.1 sits alongside it rather than replacing it.

9.6 How a refund is paid

Approved refunds are returned through the original payment method by our payment provider, ordinarily within five (5) to ten (10) business days of approval, subject to that provider's and your bank's own timescales. Any currency conversion loss or bank fee incurred on the way out or the way back is not recoverable from us. On refund, the Licence Key is voided and any Licence granted by it terminates immediately.

9.7 Chargebacks

If you dispute a charge with your card issuer or bank rather than contacting us first, we reserve the right to terminate your Account and every Licence associated with it immediately and permanently, to refuse all future business with you, and to submit evidence of your purchase and use to the issuer. Where a chargeback is later resolved in our favour, reinstatement is at our sole discretion and may be conditioned on payment of the disputed amount plus any fee levied on us by the payment provider.

The 24 hour window in Section 9.1 exists so that you never need to do this. Use it.

Section 10Machine Binding and transfers

A Licence binds to one computer. That binding may be released by us on request, so that the Licence can bind to a different computer.

• How to request. Open a support ticket on our community platform from the Account that holds the Licence, and tell us what changed.
• Turnaround. Requests are handled manually by a human. We aim to process them promptly but give no guaranteed turnaround time, and no service level applies.
• Reasonable use. Releases are intended for genuine hardware changes, operating system reinstalls and equipment failure. We may refuse a request, or impose a cooling off period between requests, where the pattern suggests Licence sharing rather than a genuine change.
• Not a transfer. Releasing a binding does not permit you to transfer the Licence to another person. Section 5 and Section 6 continue to apply.
• Abuse. Repeated requests that appear designed to run one Licence across several users are a material breach and may result in termination without refund.

Section 11Term, updates, availability and discontinuation

11.1 Subscription Term

A 30 Days Licence runs for thirty (30) consecutive calendar days from the moment of redemption, not from the moment of purchase. A Lifetime Licence runs for the operational lifetime of the Software as defined in Section 11.4. Licences do not renew automatically and we do not store payment credentials for recurring billing; to continue past expiry you must purchase and redeem a further key.

11.2 Stacking

Redeeming a further key against an Account that already holds unexpired time adds the new period to the existing expiry, rather than replacing it.

11.3 Updates and downtime

The Software depends on the specific build of the Game it was compiled against. When the Game Provider publishes an update, the Software will ordinarily stop functioning until we publish a rebuilt version. This downtime is expected, is a normal part of the product, and does not extend your Subscription Term, entitle you to compensation, or constitute a defect. We use reasonable efforts to publish rebuilds promptly but give no guaranteed timeframe and no availability commitment, uptime percentage or service level of any kind.

11.4 Meaning of "Lifetime"

We may discontinue the Software permanently, in whole or in part, at any time and for any reason, including where the Game Provider makes continued operation technically infeasible, commercially unviable, or legally untenable. Where we discontinue the Software, we will use reasonable efforts to give notice through the Site or the community platform. Discontinuation does not give rise to a refund of a Lifetime Licence except where mandatory law requires one.

11.5 Changes to features

Features may be added, altered, degraded or removed at any time, including where a change to the Game breaks a feature or makes it unsafe to keep shipping. No specific feature, module, toggle or behaviour is guaranteed to exist in any future version, and the presence of a feature in marketing material describes the product at the time of writing rather than forming a contractual commitment.

Section 12Third party services

The Site and the Software rely on independent providers. We are not responsible for their acts, omissions, outages, pricing, policy changes, or handling of your data beyond what we control.

An outage at any of these providers may render the Site, the loader, or the Software temporarily unusable. Such outages are excluded from any liability we might otherwise have and do not extend a Subscription Term.

Section 13Relationship with the Game Provider and account risk

13.1 No affiliation

We are not affiliated with, endorsed by, sponsored by, licensed by, or in any way officially connected to Rockstar Games, Inc., Take-Two Interactive Software, Inc., or any of their subsidiaries or affiliates. "Red Dead Redemption", "Red Dead Online" and "Rockstar Games" are trademarks of their respective owners and are used on the Site solely for nominative identification of the Game with which the Software is compatible.

13.2 The Game Provider's terms

Use of the Software is highly likely to breach the Game Provider's end user licence agreement, terms of service, and code of conduct. You acknowledge this, and you agree that you use the Software entirely at your own risk and on your own responsibility. Nothing in these Terms, and nothing said by us or by any member of our community, constitutes advice that such use is permitted.

13.3 Detection status

Any statement we make about detection describes our understanding at the time it was made and is not a warranty, guarantee or representation of any future state. Detection can change without warning. Furthermore, no software can prevent a human being from observing your conduct in a session and reporting it manually. Manual reports by other players are outside our control and remain a live risk regardless of the technical state of the Software.

13.4 Your acknowledgement

You expressly acknowledge that you have read this Section 13, that you understand the risk of losing progress, purchased in-game content, in-game currency, and access to the Game entirely, and that you accept that risk as a condition of the Licence.

Section 14Disclaimer of warranties

To the maximum extent permitted by applicable law, the Site and the Software are provided "as is" and "as available", with all faults and without warranty of any kind.

We expressly disclaim all warranties, conditions, representations and terms of any kind, whether express, implied, statutory or arising from a course of dealing or usage of trade, including without limitation any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.

Without limiting the foregoing, we do not warrant that: the Software will meet your requirements; that its operation will be uninterrupted, timely, secure or error free; that any defect will be corrected; that it will remain compatible with any particular version of the Game; that it will remain undetected; that it is free of components your security software may classify as unwanted; or that any result obtained from its use will be accurate or reliable.

No advice or information, whether oral or written, obtained from us or through the Site or the community platform, creates any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of implied warranties. In those jurisdictions the above exclusions apply to the fullest extent permitted, and any warranty that cannot lawfully be excluded is limited in duration to the shorter of thirty (30) days from purchase or the minimum period required by that law.

Section 15Limitation of liability

To the maximum extent permitted by applicable law:

1. in no event will we, our owners, operators, staff, contractors, contributors or suppliers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for any loss of profit, revenue, goodwill, opportunity, data, in-game progress, in-game currency, in-game items, purchased downloadable content, or account access, however caused and on any theory of liability, whether in contract, tort (including negligence), strict liability or otherwise, and whether or not we were advised of the possibility of such damages;
2. our total aggregate liability arising out of or relating to these Terms, the Site, or the Software, for all claims combined, will not exceed the greater of (a) the total amount you actually paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) ten United States Dollars (USD 10.00); and
3. the limitations in this Section 15 apply even if any limited remedy is found to have failed of its essential purpose.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you.

Section 16Indemnity

You agree to indemnify, defend and hold harmless the Operator and its owners, operators, staff, contractors and suppliers from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, penalties, fines, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• your use or misuse of the Software or the Site;
• your breach of these Terms or of any representation or warranty you make in them;
• your breach of the Game Provider's terms, or of any third party right, including intellectual property and privacy rights;
• your violation of any applicable law; or
• any content, instruction or material you submit to us or to the community platform.

We reserve the right, at our own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting available defences.

Section 17Intellectual property

The Software, the Site, the Obsidian name and marks, the user interface design, the source code, the compiled binaries, the documentation, and all associated copyrights, trade secrets and other intellectual property rights are and remain the exclusive property of the Operator and its licensors. These Terms grant you no rights in any of them beyond the narrow Licence in Section 4.

Any feedback, suggestion, bug report, feature request or idea you provide to us is given voluntarily and on a non-confidential basis. You grant us a perpetual, irrevocable, worldwide, royalty free, sublicensable licence to use, reproduce, modify and exploit it for any purpose without attribution or compensation.

You may not use our name, marks or branding in a way likely to cause confusion as to sponsorship or affiliation, nor register any domain, handle, or mark that is confusingly similar to ours.

Section 18Suspension and termination

18.1 By us, for cause

We may suspend or terminate your Account, any Licence, and your access to the Site immediately and without prior notice or refund where we reasonably determine that you have:

• breached any material term of these Terms, including any item of Section 6 or Section 19;
• shared, resold, leaked or published the Software, a Licence Key, or Account credentials;
• attempted to reverse engineer, crack, tamper with, or circumvent any protective mechanism;
• initiated a chargeback or payment dispute without first contacting support;
• supplied false eligibility, identity or payment information;
• harassed, threatened, doxxed or abused our staff or another user; or
• used the Software in a way that exposes us to legal, financial or reputational risk.

18.2 By us, without cause

We may terminate any Licence without cause on notice, in which case we will refund the unused portion of a 30 Days Licence on a pro rata basis. Lifetime Licences terminated without cause and outside of a discontinuation under Section 11.4 will be refunded at our discretion having regard to the time elapsed since purchase.

18.3 By you

You may stop using the Software at any time and may request deletion of your Account as described in the Privacy Policy. Stopping use does not entitle you to a refund of unused time.

18.4 Effect of termination

On termination, the Licence ends immediately, you must cease all use of the Software and destroy every copy in your possession, and any Licence Key associated with the terminated Account is void. Sections 6, 13, 14, 15, 16, 17, 18.4, 20 and 22 survive termination.

Section 19Community and conduct

Where we operate a community platform, the following apply in addition to that platform's own rules:

• no harassment, hate speech, threats, sexual content involving minors, doxxing, or targeted abuse of any person, whether a user, a member of staff, or a third party;
• no sharing, requesting, advertising or brokering of Licence Keys, Accounts, cracked builds, or competing products;
• no publishing of screenshots, recordings, logs or descriptions that expose the internal workings of the Software;
• no impersonation of staff, and no claim to speak on our behalf;
• no scam, phishing, malware, or fraudulent solicitation of any kind; and
• no using the Software to target, harass, grief or extort a specific real person.

Breach of this Section may result in removal from the community platform, termination of your Licence under Section 18.1, or both.

Section 20Governing law and disputes

These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation, whether contractual or non-contractual, are governed by and construed in accordance with the laws of the Slovak Republic, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The courts of the Slovak Republic have exclusive jurisdiction to settle any such dispute or claim, save that nothing prevents us from seeking injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property or confidential information.

Where you are a consumer, nothing in this Section deprives you of the protection afforded by mandatory provisions of the law of your country of habitual residence, nor of the right to bring proceedings in the courts of that country where Regulation (EU) No 1215/2012 or equivalent mandatory law so provides.

Consumers resident in the European Union may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr. We are not obliged to participate in, and do not commit to, alternative dispute resolution before any particular body.

20.1 Informal resolution first

Before commencing any formal proceeding, you agree to contact us and attempt in good faith to resolve the dispute informally for a period of at least thirty (30) days from the date we receive your written notice describing the dispute and the relief sought.

20.2 No class actions

To the maximum extent permitted by applicable law, disputes must be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding.

Section 21Changes to these Terms

We may revise these Terms at any time. The version in force is the one published at this address, identified by the effective date at the top of the page.

Where a revision materially reduces your rights or materially increases your obligations, we will use reasonable efforts to give notice through the Site, the dashboard, or the community platform at least seven (7) days before it takes effect. Any other revision takes effect on publication.

Your continued use of the Site or the Software after a revision takes effect constitutes acceptance of it. If you do not accept a revision, your sole remedy is to stop using the Software; no refund arises from your disagreement with a revision.

Section 22General

• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Software and supersede all prior understandings, whether written or oral.
• Severability. If any provision is held invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remainder will continue in full force.
• No waiver. Our failure to enforce any provision is not a waiver of it, and no waiver is effective unless made in writing.
• Assignment. You may not assign or transfer these Terms or any right under them. We may assign them freely, including in connection with a merger, acquisition, reorganisation or sale of assets.
• Force majeure. We are not liable for any failure or delay caused by an event beyond our reasonable control, including acts of God, war, civil unrest, labour action, epidemic, government action, network failure, provider outage, or a change imposed by the Game Provider.
• No agency. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and us.
• No third party rights. No person other than you and us has any right to enforce any provision of these Terms.
• Headings. Section headings are for convenience only and do not affect interpretation.
• Language. These Terms are drafted in English. Any translation is provided for convenience, and the English version governs in the event of conflict.
• Notices. We may give notice by posting on the Site, by message through the community platform, or in the account dashboard. You must give notice to us through the community platform as described in Section 23.

Section 23Contact

We operate a single contact channel. Questions about these Terms, refund requests under Section 9, machine binding release requests under Section 10, complaints, and legal notices are all handled through the Obsidian community platform on Discord, linked in the footer of the Site.

Open a ticket from the Discord account you wish us to correspond with, and include:

• your Obsidian account username;
• your order reference, where the matter concerns a purchase;
• a clear statement of what you are asking for; and
• any deadline that applies, where you are giving formal notice.

We aim to acknowledge tickets promptly and to acknowledge formal legal notices within ten (10) business days of them being opened. We do not publish a postal address or an email address, and correspondence sent to any address purporting to be ours other than through the community platform is not validly served on us.