Elixer Development, LLC - Terms of Service

Last Updated: 21st February 2025. 

Elixer Development, LLC (“Elixer Development,” “we,” “us,” or “our”) is a FiveM development company that provides digital assets, scripts, and related services for the FiveM/Cfx.re platform. By purchasing, downloading, or using any of our products or services, you acknowledge that you have read, understood, and agreed to these Terms of Service. If you do not agree to any part of these terms, you must not use our services.

These Terms of Service govern the relationship between Elixer Development, LLC and its customers, including your rights and responsibilities when using our products.

1. Compliance with Platform Terms

All customers of Elixer Development, LLC must comply with the Terms of Service and Customer Agreements of Tebex, Discord, and Elixer Development, LLC. Purchases made through Tebex are subject to their policies, including but not limited to payment processing, refunds, and chargeback disputes. Our primary communication and support platform is Discord, and all interactions within our server must adhere to Discord’s Terms of Service. In addition to the terms of these third-party platforms, customers are required to comply with the internal policies of Elixer Development, LLC as outlined in this agreement. Failure to adhere to these terms may result in the suspension or termination of access to our products and services without compensation or refund.

2. Product Licensing and Usage

All products sold by Elixer Development, LLC are licensed, not sold. When a customer purchases a product, they are granted a limited, non-exclusive, non-transferable license to use the asset strictly for its intended purpose within the FiveM/Cfx.re framework. Customers are not permitted to resell, redistribute, modify for resale, or share our assets without explicit permission from Elixer Development, LLC. Any violation of this licensing agreement may result in the revocation of access to our products, removal from our support platforms, and legal action where applicable. Unauthorized distribution or misuse of our intellectual property may also result in copyright claims and enforcement action.

3. No Warranty or Guaranteed Support

All products and services provided by Elixer Development, LLC are sold as-is, with no express or implied warranties, guarantees, or assurances regarding functionality, security, or compatibility with other resources. We do not guarantee continued updates, bug fixes, or technical support for any of our products. While we strive to provide assistance, support is not guaranteed and may be limited based on availability, workload, or the complexity of the issue. Customers may request support through our Discord resource support channel, where help may be provided at our discretion. We are not responsible for any issues arising from conflicts with third-party scripts, FiveM updates, server configurations, or misuse of our products.

4. Refund and Warranty Policy

All sales made through Elixer Development, LLC are final, and no refunds will be issued under any circumstances. Customers are responsible for ensuring that a product is suitable for their server before making a purchase. Refunds will not be granted for reasons including but not limited to incompatibility with server setups, lack of technical knowledge, installation errors, accidental purchases, or changes in server development plans. To the fullest extent permitted under Australian Consumer Law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. If legally required, any remedies available under consumer protection laws will be limited to either a replacement of the product or a credit towards another purchase, at our discretion.

5. FiveM and Tebex Platform Usage

Elixer Development, LLC develops and distributes digital content exclusively for use within the FiveM/Cfx.re platform. Our products are not designed or intended for use outside of FiveM. All transactions and purchases are processed through Tebex, a third-party platform responsible for handling payment processing and license distribution. Tebex’s terms and conditions apply to all transactions, and we are not responsible for payment disputes, chargebacks, or unauthorized transactions. We are not affiliated with FiveM, Cfx.re, or Tebex, and any changes made by these platforms that impact the functionality of our products are beyond our control. We are not liable for any issues resulting from FiveM updates, Tebex policy changes, or third-party modifications affecting our scripts.

6. Account Security and Purchases

When purchasing a product through Tebex, customers are responsible for ensuring that their payment details are correct and that they have the necessary authorization to make the transaction. Elixer Development, LLC is not responsible for unauthorized purchases made on a customer’s account. Customers are also responsible for securing access to their purchased assets. We do not provide replacements or re-issuance of products due to lost access, compromised accounts, or third-party breaches. It is the customer’s responsibility to store their purchase information securely.

7. Modifications and Termination of Service

Elixer Development, LLC reserves the right to modify, update, or discontinue any of its products or services at any time without prior notice. If a product is discontinued, we are not obligated to provide refunds or continued support. Additionally, we reserve the right to revoke access to our products and services if a customer is found to be in violation of these Terms of Service, engaging in fraudulent activity, or participating in the unauthorized redistribution of our assets.

8. Limitation of Liability

To the fullest extent permitted by law, Elixer Development, LLC shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use our products. This includes but is not limited to server crashes, data loss, corruption of files, conflicts with other server resources, or financial losses resulting from technical issues. Customers acknowledge that the use of our products is at their own risk and that Elixer Development, LLC provides no guarantees regarding the stability or future support of any given script.

9. Changes to Terms of Service

Elixer Development, LLC reserves the right to modify these Terms of Service at any time without prior notice. It is the responsibility of customers to review these terms periodically for any updates. Continued use of our products and services after changes are posted constitutes acceptance of the updated Terms of Service.

10. Leakage and Unauthorized Distribution

Elixer Development, LLC takes the protection of our intellectual property seriously. If a customer is found to be leaking, distributing, or publishing any of our products or assets without explicit permission, including removing encryption or attempting to sell or share our work, they will face immediate action. This includes but is not limited to distributing files through unauthorized channels, altering assets in a way that violates our licensing terms, or selling our products as their own. Any customer found engaging in such activities will be permanently banned from our store and will be prohibited from purchasing any future resources or products from Elixer Development, LLC. We reserve the right to take legal action in instances of intellectual property theft or breach of our terms.

11. Trademark and Unauthorized Usage

Elixer Development, LLC, Elixer Development, Elixer Modifications, and Elixer Mods are all registered trademarks of Elixer Development, LLC. The use of our assets, products, and brand names without a valid license or explicit permission is strictly prohibited. Any unauthorized use, reproduction, modification, or distribution of our assets, or any attempt to exploit our registered trademarks, will result in immediate legal action. Customers must have a valid license to use our products and are prohibited from using them in any manner not authorized by Elixer Development, LLC. Violations of this policy may lead to the revocation of access to our products, a permanent ban from our store, and legal consequences as deemed necessary to protect our intellectual property and brand.

12. Acceptance of Discord Server Rules for Support

By joining and participating in our Discord server for support, you agree to comply with all of Elixer Development, LLC’s Discord server rules and guidelines. These rules are designed to ensure a productive and respectful environment for all members and to facilitate efficient support for our products. Any violation of the server rules, including but not limited to spamming, trolling, harassment, or disruptive behavior, may result in a warning, temporary mute, or permanent ban from our server. Additionally, only verified customers who have purchased products from Elixer Development, LLC will be allowed to access support channels. By seeking support, you confirm that you have read, understood, and agreed to abide by the rules of our Discord server. Failure to follow these guidelines may result in loss of support privileges and possible termination of access to Elixer Development, LLC's services.

13. Official Domain and Website Ownership

The domain elixerdevelopment.com and all of its associated linkages, subdomains, and redirects are official and operated by Elixer Development, LLC. This domain serves as the primary online presence for our company, including access to our products, services, and support. Any website, page, or service that falls under elixerdevelopment.com is officially controlled and maintained by Elixer Development, LLC. We advise customers to only use the official website and its links for purchasing, downloading, or engaging with our resources to ensure the authenticity and safety of all interactions. Any external websites or domains claiming to represent Elixer Development, LLC that are not linked directly to elixerdevelopment.com are not authorized and should be treated with caution.

14. Tebex Theme Ownership and Modification

Our Tebex theme is a private modification of an original Tebex theme, which was created and purchased from Brildes Design. While Elixer Development, LLC does not own the theme itself, we officially operate the contents of the webpage and have full control over the assets, products, and services displayed on our Tebex store. Any modifications or customizations made to the theme are proprietary to Elixer Development, LLC, but the base theme remains the intellectual property of Brildes Design. Customers are encouraged to engage with the official Tebex store operated by Elixer Development, LLC for a secure and seamless purchasing experience.

15. Collection of Personal Information

When you make a purchase in our store, we collect certain personal information associated with your account. This includes your email address, phone number, IP address, and any other personal information you provide during the transaction process. This data is collected in order to facilitate the purchase, provide support, and ensure the proper functioning of our services. By making a purchase, you consent to the collection and use of this information for these purposes.

We take your privacy seriously and handle your personal information in accordance with applicable data protection laws. This information will not be shared with third parties without your consent, except as required by law or for purposes directly related to your purchase or support inquiries. Please review our privacy policy for more detailed information on how we protect your data and your rights regarding your personal information.

16. Promotional Emails

By purchasing a product from Elixer Development, LLC, you agree to receive promotional emails sent from our official Elixer Development email address. These emails may include updates about new products, special offers, announcements, and other relevant information regarding our services.

If you no longer wish to receive promotional emails, you can opt out at any time by creating a support ticket in our official Discord server. Once we receive your request, we will ensure that your email address is removed from our promotional mailing list. Please note that opting out of promotional emails will not affect your ability to receive essential transactional emails related to your purchases or support requests.

17. Governing Law and Dispute Resolution

Any legal action or dispute arising from the use of our products or services must be taken within the jurisdiction of Queensland, Australia. By purchasing or using our products, you agree that any legal processes related to these Terms of Service will be conducted through the appropriate legal channels in Queensland.

In the event of a dispute, both parties agree to resolve the matter through arbitration, as opposed to litigation, in accordance with the laws and procedures governing arbitration in Queensland, Australia. The decision of the arbitrator will be final and binding. Both parties agree to bear their own legal costs associated with the arbitration process unless otherwise determined by the arbitrator.

This clause does not affect your statutory rights as a consumer or any rights that may not be waived under applicable consumer protection laws.