Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Grade 8 Modding ("Grade 8 Modding") and govern your use of grade8modding.com (the "Site") and any purchase of digital content through it. By using the Site or making a purchase, you agree to these Terms and to the Privacy Policy. If you do not agree, do not use the Site.

Please read section 12 carefully. It requires most disputes to be resolved through individual binding arbitration instead of in court, and waives your right to participate in class actions. You can opt out within 30 days, as explained in section 12.

1. Eligibility

You must be at least 13 years old to use the Site. If you are under 18, or under the age of majority where you live, you may only make a purchase with the involvement and permission of a parent or legal guardian, who agrees to these Terms on your behalf.

2. Products

Grade 8 Modding sells downloadable modifications ("Mods") for the video game BeamNG.drive. Grade 8 Modding is an independent creator and is not affiliated with, endorsed by, or sponsored by BeamNG GmbH. BeamNG.drive is a trademark of its owner. You must own a legitimate copy of BeamNG.drive to use any Mod, and your use of the game remains subject to its own license terms.

Mods may depict vehicles or equipment inspired by real-world designs. All third-party names, brands and trademarks are the property of their respective owners. Their appearance does not imply any affiliation with, or endorsement by, those owners.

Product descriptions, screenshots and compatibility information are provided in good faith but may not be perfectly accurate. Grade 8 Modding may change prices, update or discontinue any Mod, or correct errors at any time.

3. License

Mods are licensed, not sold. When you buy a Mod, Grade 8 Modding grants you a limited, personal, non-exclusive, non-transferable, revocable license to download and use it for your own non-commercial play, subject to these Terms. You may:

• Install and use the Mod on devices you own or control.
• Show the Mod in screenshots, videos and live streams, including monetized content.

You may not:

• Share, re-upload, resell, rent, sublicense or otherwise distribute the Mod or its files, in whole or in part.
• Share your download link or order page with anyone else.
• Claim the Mod, or any modified version of it, as your own work.
• Extract models, textures, sounds or code from the Mod for use in other projects without prior written permission.
• Use the Mod in any unlawful way.

All rights not expressly granted are reserved. Grade 8 Modding may end your license if you break these Terms, in which case you must delete all copies of the affected Mods.

4. Purchases and payment

Prices are listed in US dollars. Payments are processed by Stripe; Grade 8 Modding does not receive or store your full card details. Your order is accepted and complete once payment is confirmed, at which point your downloads become available. Grade 8 Modding may refuse or cancel any order, for example in cases of suspected fraud or pricing errors, and will refund any payment for an order it cancels. You are responsible for any taxes, currency conversion or bank fees that apply to you.

5. Delivery and updates

Mods are delivered as digital downloads immediately after payment. Your order page is your download link; keep it private. Updates may be released at Grade 8 Modding's discretion and are provided on your order page at no extra cost. Grade 8 Modding does not guarantee that any Mod will remain compatible with future versions of BeamNG.drive or with other mods, or that any Mod will remain available for download indefinitely, and recommends keeping your own copy of files you have purchased.

6. Refunds

All sales are final. Because Mods are digital content delivered immediately, purchases are non-refundable once completed, except where a refund is required by law or Grade 8 Modding cancels your order. By checking out, you expressly request immediate delivery and acknowledge that, where applicable law provides a withdrawal or cancellation right for digital content (such as in the EU or UK), you lose that right once delivery begins. If a Mod does not work as described, contact Grade 8 Modding for support. See the Refund policy.

7. Chargebacks and misuse

If you file a chargeback or payment dispute for a completed purchase without first contacting Grade 8 Modding, or if you break the license in section 3, Grade 8 Modding may revoke your access to your downloads, refuse future orders, and contest the dispute using records of your purchase, including your acceptance of these Terms.

8. Intellectual property and copyright complaints

The Site and the Mods, including their design, text, graphics, models and code, are protected by copyright and other laws and belong to Grade 8 Modding or its licensors. The Grade 8 Modding name and logo may not be used without permission.

If you believe content on the Site infringes your copyright, send a notice to support@grade8modding.com that includes: your contact information; a description of the copyrighted work; the URL of the material you believe infringes; a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent or the law; a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf; and your physical or electronic signature. Grade 8 Modding will respond to valid notices and remove infringing material.

9. Disclaimer of warranties

To the fullest extent permitted by law, the Site and all Mods are provided "as is" and "as available," without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Grade 8 Modding does not warrant that any Mod will be error-free, uninterrupted, compatible with your system or other mods, or free of harmful effects on your game installation or save data. Mods modify game files and behavior; you install and use them at your own risk and should keep backups.

10. Limitation of liability

To the fullest extent permitted by law, in no event will Grade 8 Modding, or anyone involved in creating or selling the Mods, be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, game progress, profits or goodwill, arising out of or related to the Site or any Mod, even if advised of the possibility of such damages. Total liability for all claims arising out of or related to these Terms, the Site or any Mod will not exceed the amount you paid to Grade 8 Modding in the twelve (12) months before the claim arose.

Some jurisdictions do not allow certain warranty exclusions or liability limits, so some of the above may not apply to you. In that case, they apply to the maximum extent permitted.

11. Indemnification

You agree to defend, indemnify and hold harmless Grade 8 Modding, and anyone involved in creating or selling the Mods, from any claims, damages, losses, liabilities and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your misuse of any Mod, or your violation of any law or the rights of any third party.

12. Dispute resolution and arbitration

Informal resolution first. Before starting any formal proceeding, you agree to contact Grade 8 Modding at support@grade8modding.com and try to resolve the dispute informally for at least 30 days.

Binding arbitration. If the dispute is not resolved, you and Grade 8 Modding agree that any dispute, claim or controversy arising out of or relating to these Terms, the Site or any Mod will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration may be conducted by video, phone or written submissions, or in person in the county where you live. The Federal Arbitration Act governs this section.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to stop infringement or misuse of intellectual property. Nothing in this section waives any right to seek public injunctive relief or any other right that cannot be waived under applicable law.

Class action waiver. You and Grade 8 Modding agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding.

Opt-out. You may opt out of this arbitration agreement by emailing support@grade8modding.com with your name, the email used for your purchase, and a clear statement that you opt out, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

If the class action waiver is found unenforceable for any claim, that claim must be severed and heard in court, and this arbitration agreement will not apply to it.

13. Governing law and venue

These Terms are governed by the laws of the State of California and applicable federal law of the United States, without regard to conflict of law rules. Subject to section 12, any claim not subject to arbitration will be brought exclusively in the state or federal courts located in California, and you consent to their jurisdiction. If you are a consumer living outside the United States, you also keep any mandatory protections provided by the laws of your country of residence.

14. General

• Entire agreement. These Terms, the Privacy Policy and the Refund policy are the entire agreement between you and Grade 8 Modding about the Site and the Mods.
• Severability. If any part of these Terms is found unenforceable, that part will be limited or removed to the minimum extent necessary and the rest will remain in effect.
• No waiver. Not enforcing any part of these Terms is not a waiver of the right to enforce it later.
• Assignment. You may not transfer your rights under these Terms. Grade 8 Modding may assign them, for example as part of a sale of the business.
• Force majeure. Grade 8 Modding is not responsible for delays or failures caused by events beyond its reasonable control, including outages of hosting or payment providers.
• Electronic communications. You agree to receive receipts and other communications electronically, and that these satisfy any legal requirement that communications be in writing.

15. Changes

Grade 8 Modding may update these Terms from time to time. The updated version takes effect when posted, with the date above revised, and applies to purchases made after that date. Continuing to use the Site after changes are posted means you accept them.

16. Contact and California notice

Questions about these Terms can be sent to support@grade8modding.com.

Under California Civil Code §1789.3, California residents are entitled to the following notice: the provider of the Site is Grade 8 Modding, reachable at support@grade8modding.com. Unless otherwise stated, there is no charge for using the Site other than the price of Mods you buy. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.