Terms and Conditions

These Terms and Conditions (the "Terms") govern access to and use of the website, portal, content and digital services offered by Emerals S.R.L. in connection with the GTA V / FiveM game server known as "Emerals". Please read them carefully: by registering an Account, making a purchase or otherwise using our services, you fully accept these Terms.

The Italian-language version of these Terms is the authoritative one. Translations into other languages are provided for information purposes only; in the event of any interpretative conflict, the Italian text prevails.

1. Definitions

For the purposes of these Terms:

• Emerals or we: Emerals S.R.L., with registered office at Via Sile 41, 31056 Roncade (TV), Italy, owner and operator of the Server and related services.
• Server: the multiplayer game server based on Grand Theft Auto V and the FiveM platform (Cfx.re), operated by Emerals, together with its communities (including the official Discord server) and related online services.
• Services: the website, the user portal, the content, the features and any other digital service made available by Emerals.
• User or you: the natural person who accesses the Services, registers an Account or makes a purchase.
• Account: the personal area and credentials through which the User accesses the Services, created and managed via OAuth authentication.
• Emerals Coins or EC: the internal virtual credit, with no monetary value, usable exclusively within the Server to redeem permitted Virtual Assets and perks.
• Virtual Assets: objects, items, content, cosmetic advantages, perks, features and other digital elements usable within the Server.
• Tebex: the third-party provider (Tebex Limited) acting as Merchant of Record and seller to the consumer for purchases made through the official Emerals store.
• Rules: the game rules and community rules of Emerals, including the Discord server rules, as updated from time to time.

2. Company details and contacts

The Services are offered by:

• Emerals S.R.L.
• Registered office: Via Sile 41, 31056 Roncade (TV), Italy
• VAT / Tax Code / Company Register no.: 05512280263
• Registered with the Company Register of Treviso-Belluno
• REA: TV - 450261
• Certified email (PEC): [email protected]
• Share capital: euro 100.00 fully paid up
• Legal representative: Michele Mangiacotti
• Contacts and complaints: [email protected]

For the company's complete identifying details, please refer to the Legal Notice. For details on the processing of personal data, please refer to the Privacy Policy.

3. Acceptance and eligibility

Use of the Services presupposes that you have read, understood and fully accepted these Terms, the Rules and the Privacy Policy.

Minimum age. To access the Services and create an Account you must be at least 16 (sixteen) years old. Users between 16 and 18 years of age, being minors not fully able to act, must obtain the consent of the holder of parental responsibility before registering or making any purchase; by accepting these Terms the minor declares that such consent has been obtained. Emerals reserves the right to suspend or close Accounts held by persons who do not meet the age requirement or lack the necessary consent.

You further declare that you are not subject to any measure prohibiting your access to the Services and that you have not previously been permanently banned from the Server.

4. Account and authentication

Access to the Services takes place through third-party OAuth authentication (Discord, Google, Twitch). Emerals does not store the credentials (passwords) of your accounts with those providers.

• Each User may hold only one Account. Creating multiple accounts is prohibited, including in order to circumvent suspensions, bans or restrictions.
• You are responsible for the security of your Account and of the linked OAuth provider accounts, as well as for all activity carried out through your Account.
• You may not share, assign, sell or transfer the Account or its credentials to third parties.
• You must promptly notify Emerals of any unauthorized use or suspected compromise of your Account.

Emerals is not liable for damages arising from failure to safeguard credentials or from the User's breach of these rules.

5. Nature of Emerals Coins and Virtual Assets

This section is essential: please read it with particular care.

• Emerals Coins and Virtual Assets are granted to you under a limited, personal, non-exclusive, non-transferable and REVOCABLE license, valid solely for use within the Server and for the duration of the relationship.
• Emerals Coins and Virtual Assets have NO real or monetary value; they do not constitute electronic money, payment instruments, securities, financial credits or assets.
• They are not convertible, refundable or monetizable into money or any other economic benefit.
• They are not transferable between Users for value and may not be sold, exchanged, assigned or traded among Users or to third parties.
• They are usable exclusively within the Server and are redeemable only for permitted content and perks.
• Virtual Assets and perks are predominantly cosmetic, convenience-related or supportive of the community and do NOT confer substantial competitive "pay-to-win" advantages, in compliance with the Cfx.re Platform License Agreement.

The purchase of Emerals Coins or Virtual Assets is to be understood as a form of voluntary support for the project, in return for which you receive a perk or benefit usable within the Server. Such support does not in any case create any ownership right over the virtual content, which remains fully at the disposal and ownership of Emerals.

6. Purchases and payments — Tebex Merchant of Record

Purchases of Emerals Coins and Virtual Assets are handled through the Tebex platform, which acts as Merchant of Record and seller to the consumer.

• The payment contract relating to the purchase is concluded between you and Tebex: Tebex is the party that collects the price, manages the transaction, issues the related documentation and acts as seller towards you.
• The prices shown are expressed in euro and are deemed to be inclusive of applicable taxes as handled by Tebex.
• Payment is subject, in addition to these Terms, also to Tebex's terms and conditions, which we invite you to consult.
• Emerals grants and activates the perks corresponding to the purchase once it receives confirmation of successful payment from Tebex.

By making a purchase you declare that you have the legal capacity to enter into a binding contract and that you provide accurate and truthful data.

7. Delivery of digital content

Emerals Coins and Virtual Assets constitute digital content performed immediately. Delivery normally takes place immediately and automatically right after payment confirmation by Tebex, by crediting your Account or activating the perk within the Server.

You will receive confirmation of the purchase on a durable medium (for example by email) from Tebex and/or Emerals. Should delivery not be immediate for technical reasons, Emerals will activate the content within a reasonable time; in the event of failed activation you may contact support.

8. Right of withdrawal and waiver thereof

As a consumer you generally have the right to withdraw from the contract within 14 (fourteen) days without giving any reason, pursuant to the Consumer Code (Legislative Decree 206/2005).

Exception for digital content (art. 59 of the Consumer Code). For the supply of digital content not provided on a tangible medium, the right of withdrawal is lost if performance has begun with your prior express consent and your acknowledgement of the consequent loss of the right of withdrawal. Therefore, at checkout, you are asked to:

1. expressly request that the supply of the digital content (Emerals Coins / Virtual Assets) begins immediately, and
2. acknowledge and accept that, once delivery has begun, you lose the 14-day right of withdrawal.

Such express consent is confirmed to you on a durable medium. In the absence of such express consent, or where delivery has not yet begun, you retain the right of withdrawal within the statutory terms and may exercise it by contacting support or Tebex.

9. Refunds

Given the digital nature of the content and its immediate delivery:

• no monetary refund is provided once delivery of the digital content has begun, without prejudice to the non-waivable rights granted to the consumer by applicable law;
• any compensation may be granted, entirely at our discretion and as a non-due gesture, solely in the form of Emerals Coins;
• requests relating to purchases must be addressed, first of all, to Tebex as seller, or to Emerals support through the indicated contacts.

The exercise of the consumer's non-waivable rights remains unaffected, including those arising from the legal guarantee of conformity referred to in Section 15.

10. Chargeback

Initiating a chargeback (payment reversal/dispute with the card issuer or payment service provider) in an unjustified manner, that is instead of using the support channels, constitutes a serious breach of these Terms.

In the event of an unjustified chargeback, Emerals reserves the right to apply a permanent ban of the Account and the revocation of all licenses, Emerals Coins and Virtual Assets associated with it, without any compensation. Before initiating any payment dispute, please contact support to seek a solution.

11. Revocation and forfeiture of Virtual Assets

Emerals Coins and Virtual Assets, being subject to a revocable license, may be revoked and forfeited, in whole or in part and without any compensation, in the following cases:

• ban or suspension of the Account as a result of violations;
• breach of these Terms or of the Rules;
• fraud, abuse, unjustified chargeback or other unlawful conduct;
• termination, suspension or interruption of the Server or of the Services, including due to third-party action (Section 14).

Revocation or forfeiture does not give rise to any refund or compensation, without prejudice to the consumer's non-waivable rights.

12. Code of conduct and Rules

By using the Services you undertake to behave correctly and respectfully and, in particular, not to:

• violate laws, third-party rights or these Terms;
• harass, offend, threaten or discriminate against other Users or staff;
• use cheats, exploits, unauthorized software, bugs or manipulations that alter the game;
• carry out fraudulent activities, phishing, spam or the spread of malware;
• attempt to compromise the security or integrity of the Server and the Services.

These Terms are supplemented by reference with the game Rules and the Discord server rules, which form an integral part of the relationship and which you undertake to comply with. Breach of the Code of conduct or of the Rules may lead to proportionate measures, up to the forfeiture of perks and Virtual Assets without refund and the ban of the Account.

13. Suspension and termination of the Account

Emerals may, in compliance with the principle of proportionality, suspend, restrict or terminate the Account, access to the Services or individual features, temporarily or permanently (ban), in the event of breach of these Terms or of the Rules, security risk, legal obligations or measures by third parties (Section 14).

You may at any time stop using the Services and request the closure of your Account by writing to [email protected]. Termination of the Account entails the loss of access to remaining Virtual Assets and Emerals Coins, which are forfeited without any right to a refund, without prejudice to the consumer's non-waivable rights.

14. Compliance with third-party terms

The Services and the Server are based on third-party technologies and platforms and are subject to their respective terms. In particular, your use is also subject to:

• the terms of Rockstar Games / Take-Two Interactive relating to Grand Theft Auto V;
• the Cfx.re / FiveM Platform License Agreement (PLA);
• the terms and conditions of Tebex.

Enforcement activity by such parties (for example policy changes, blocks, license revocations or service interruptions) may interrupt or terminate access to the Services or the Server, in whole or in part, without any liability on the part of Emerals and without any right to compensation, without prejudice to the consumer's non-waivable rights.

In compliance with the aforementioned terms, the following are in any case prohibited: pay-to-win mechanics, the sale of in-game currency for real money, and paid gambling or loot box mechanics. Emerals undertakes to structure its perks in compliance with these prohibitions.

15. Legal guarantee of conformity

The legal guarantee of conformity provided for by Legislative Decree 170/2021 (implementing EU Directive 2019/770) applies, vis-a-vis the consumer, to the digital content and services supplied. In particular:

• Emerals is required to supply digital content and services conforming to the contract and fit for their intended use;
• you will be provided with the updates necessary to maintain conformity for the reasonably expected period;
• in the event of a lack of conformity you are entitled to the remedies provided by law (restoration of conformity and, where the conditions are met, price reduction or termination of the contract), to be exercised within the statutory terms.

It is understood that the use of the digital content depends on the availability of the FiveM Server and of the game Grand Theft Auto V and on the third-party platforms indicated in Section 14: limitations, changes or interruptions attributable to such parties may affect the availability of the content and are not attributable to Emerals.

16. Intellectual property

Grand Theft Auto V, FiveM / Cfx.re and their trademarks, content and rights belong to their respective owners (including Rockstar Games, Take-Two Interactive and Cfx.re); Emerals claims no rights over them.

The trademarks, logos, names, content, texts, graphics, software and original assets created or made available by Emerals are owned by Emerals or its licensors and are protected by intellectual property law. You are granted solely a limited, personal, non-exclusive, non-transferable and revocable license, for the sole purpose of using the Services and the Server. Any unauthorized reproduction, distribution, modification or exploitation is prohibited.

17. Disclaimers and limitation of liability

The Services and the Server are provided "as is" and "as available". To the extent permitted by law and without prejudice to the consumer's non-waivable rights and the legal guarantee of conformity (Section 15), Emerals:

• does not guarantee the continuous, uninterrupted or error-free availability of the Services and the Server, which may be subject to maintenance, suspensions or interruptions;
• is not liable for disruptions attributable to third parties (Rockstar/Take-Two, Cfx.re/FiveM, Tebex, OAuth providers, hosting, network) or to force majeure;
• excludes, to the extent permitted by law, liability for indirect or consequential damages, loss of data or profits arising from the use of or inability to use the Services.

Nothing in these Terms excludes or limits Emerals' liability where this is not permitted by law, including cases of willful misconduct or gross negligence and the non-waivable rights granted to the consumer.

18. Changes to the Terms

Emerals reserves the right to modify these Terms, for example to align them with regulatory, technical or organizational developments. Substantial changes will be communicated with reasonable advance notice through the Services or other suitable channels and will indicate the update date.

Continued use of the Services after the changes take effect constitutes acceptance of them. Should you not wish to accept the changes, you may stop using the Services and request the closure of the Account.

19. Governing law and jurisdiction

These Terms are governed by Italian law.

For contracts concluded with the consumer, any dispute falls within the mandatory jurisdiction of the court of the place of residence or domicile of the consumer, if located within the territory of the State, pursuant to art. 66-bis of the Consumer Code.

Alternative dispute resolution (ADR). Before resorting to the courts, the consumer may use alternative dispute resolution tools, such as conciliation and mediation, including before ADR bodies and the conciliation desks established at the Chambers of Commerce. The use of such tools does not prejudice the consumer's right to bring the matter before the competent court.

20. Independence disclaimer

Emerals is an independent project, not affiliated with or sponsored by Rockstar Games or FiveM.

21. Contacts and complaints

For any question, communication or complaint relating to these Terms or the Services you may contact:

• Emerals S.R.L.
• Email and complaints: [email protected]
• Certified email (PEC): [email protected]
• Registered office: Via Sile 41, 31056 Roncade (TV), Italy

For matters relating to purchases handled by Tebex as Merchant of Record, please also contact Tebex support.