Terms of Service

Last Updated: September 3, 2026

These Terms and Conditions (the "Terms" or "Agreement") constitute a legal agreement between you and LIMITBRAVITY - LDA, trading as VYKIX, a limited liability company registered in Rua Das Costeiras 103, 4835-421 Guimarães, Portugal ("VYKIX," "we," "our," or "us"). They govern your use of our website, Client Portal, and Services. "Platform" means those website and account interfaces. "Service" means a product or service accepted in an order. "Order Summary" means the final checkout summary presented before an order is submitted. "Billing Cycle" means the recurring prepaid period selected at checkout and recorded in the Order Confirmation, invoice, and Client Portal; Monthly means one month, Quarterly means three months, Semi-Annual means six months, and Annual means twelve months. A Billing Cycle is not a Minimum Term unless the Order expressly identifies a separate minimum commitment. "Customer," "you," "your," or "User" means the individual or entity that enters this Agreement or uses a Service through its client account (the "Account").

Customer types. A "Consumer" is a natural person acting for purposes outside their trade, business, craft, or profession. A "Business Customer" is a Customer acting mainly for trade, business, craft, or professional purposes. Clauses expressly stated to apply to Business Customers apply only in that capacity. A company name, VAT number, or checkout label does not remove rights that mandatory law grants based on the Customer's actual circumstances. Where a Customer has stated a business purpose when placing the Order, or the actual circumstances of the Order show that it was acting mainly for trade, business, craft, or professional purposes, it is a Business Customer; otherwise we treat the Customer as a Consumer. Any declaration of purpose recorded at checkout, together with the Order and the use actually made of the Service, is evidence of status. In assessing the actual circumstances we may have regard to whether a company name or VAT identification number was supplied with the Order, whether invoices are issued to a business, whether the Service is used to generate revenue or is otherwise monetised, whether the Customer holds several Services concurrently, whether the Service is resold or made available to others for consideration, and the scale and specification of the Service ordered. Supplying a company name or VAT identification number does not by itself determine the Customer's status where the actual circumstances differ. Nothing in these Terms excludes or restricts a Consumer right that cannot lawfully be excluded or restricted.

1. Agreement and Account Use

1.1. The provisions in these Terms govern your access to and use of our Platform and constitute a legally binding agreement between you and us. We may change them only under Section 19. You must not use our Platform if you disagree with these Terms.

1.2. For the duration of the contract, we grant you a limited, non-exclusive, and non-transferable licence to use the Platform as necessary to receive the Service, subject to suspension and termination only under these Terms and applicable law.

1.3. We will make these Terms available before an order and provide the accepted version as stated in Clause 2.6.2. Acceptance makes them part of the contract only to the extent they were communicated clearly and effectively as required by law.

1.3.1. You must ensure that each authorised Account user complies with the provisions relevant to that user's access and activity.

1.4. You must protect account credentials, use reasonable security controls, authorise each account user, and notify us promptly of suspected compromise. You are responsible for actions of authorised users and for loss caused by your failure to use reasonable care. You are not responsible for unauthorised activity caused by our breach or security failure, and liability otherwise follows Section 24.

1.5. We reserve the right, acting reasonably, to suspend or restrict your access to our Platform or your Account if we have reasonable grounds to believe your Account is being used in breach of these Terms or applicable law. We will notify you of the reasons for any suspension as soon as practicable and provide you with an opportunity to remedy the breach where appropriate, except where immediate action is required to protect the integrity of our infrastructure, comply with a legal obligation, or prevent harm to other users.

1.6. Changes to these Terms follow Section 19. Changes to or discontinuation of Services follow Clauses 5.2.5, 13.6, and 19.3 as applicable. Planned and emergency maintenance follows Section 21. A material adverse change does not remove any termination, refund, conformity, or other right stated there or required by law.

1.7. You may not use our public website, support system, or account interface to advertise or solicit without written permission. This does not restrict lawful Customer content hosted within a purchased Service, subject to Section 9 and the applicable Service description.

2. Eligibility

2.1. An individual account holder must be at least eighteen years old and have legal capacity to contract. An entity must be validly formed, and the person ordering for it must have authority. You must not be legally barred from receiving the Service.

2.2. If you act for an entity, you represent that you have authority to bind it. A person who knowingly or negligently makes a false authority representation is responsible for the direct loss it causes to the extent provided by law. We may rely on an instruction reasonably believed to come from an authorised account representative and may require additional authentication where doubt exists; this does not excuse our own failure to use reasonable security or care.

2.3. An account is created from the details supplied with the first order. Information must be complete and accurate. We may restrict ordering or the affected Service while materially incomplete, inconsistent, or inaccurate information is reasonably investigated or corrected, using the process in Section 7.

2.4. Where the selected Service or verification process requires it, you must register an accepted payment method before submitting an order.

2.5. You can view copies of the invoices we have sent you and details of what you have purchased from our Platform by logging into your Account.

2.6. Your order is an offer to purchase the Service described in the final Order Summary. The contract is concluded when you submit the order using the final order control and we accept it, which ordinarily occurs automatically when payment is authorised. We will send confirmation (the "Order Confirmation") to the account email without undue delay after conclusion and, at the latest, when the Service is activated. If we decline an order, we will notify you and release or refund any payment taken without undue delay.

2.6.1. Immediately before a Consumer submits an order carrying an obligation to pay, the Order Summary will clearly display the essential Service characteristics and selected configuration, the total amount payable at checkout including VAT and all mandatory one-time charges, and, for a recurring Service, the selected Billing Cycle and the recurring price for that Billing Cycle. Where a multi-month Billing Cycle is presented using a monthly-equivalent figure, that figure is shown for comparison only and the full price for the selected Billing Cycle is charged in advance. Where a Customer Backup Feature is selected, the Order Summary will also state the number of backup slots, whether the copies are stored on the same physical server as the active Service Data, that a failure affecting that server or storage may affect both, and the stated creation, rotation, retention, and restore characteristics. The renewal date and payment due date are recorded on the applicable invoice and in the Client Portal. The general renewal, cancellation, withdrawal, refund, suspension, and deletion rules, together with any Minimum Term and any early-exit amount, are set out in these Terms, which are made available for review before the order is submitted. The final order control will state clearly that the order entails an obligation to pay.

2.6.2. The Order Confirmation sent to a Consumer is provided by email on a durable medium without undue delay after conclusion, in any event within five days, and in all cases before the Service begins. The body of that email sets out the accepted Order Summary, the total amount charged and the selected Billing Cycle, the renewal date, the applicable pre-contract information, the conditions, time limit and procedure for exercising the right of withdrawal, the model withdrawal form, and the accepted version of these Terms identified by its date. Where applicable, it also sets out the recorded text of the Consumer's express request under Clause 5.1.5 or Clause 14.6 and the related acknowledgment, with the date and time recorded. A copy of the accepted version of these Terms is supplied in the email body or on request at no cost.

2.6.3. Provisioning time and start of the Billing Cycle. Most Services are provisioned automatically and are available within minutes. Where a Service requires hardware preparation, stock allocation, configuration, or another manual step, the Order or our pre-order information states the estimated provisioning time. For such a Service the Billing Cycle and the renewal date run from activation rather than from payment, so the Customer does not pay for the period before the Service is available. Where payment is taken at checkout, the paid period is adjusted accordingly.

2.6.4. Where provisioning will materially exceed the estimate, for example because of a hardware, stock, upstream, or maintenance delay, we will inform the Customer, give a revised estimate, and where the Customer prefers, agree an alternative Service or cancel the Order and refund the amount paid in full. This does not affect a Consumer's rights under Clause 5.4 and mandatory law, including the right to terminate and obtain a refund where we fail to supply within an additional period appropriate to the circumstances.

2.7. Identity Verification and Fraud. You must provide accurate, current, and complete identifying information and respond to reasonable verification requests. We may decline an order or restrict an affected Service where reasonably necessary to prevent fraud, unlawful use, sanctions violations, or material security risk. If information is intentionally false or payment is fraudulent, we may terminate the affected contract, recover unpaid Fees and proven losses, and use other lawful remedies. We will refund any unused prepaid amount that we are not legally entitled to retain.

3. Subscription Payment and Refunds

3.1. Fees, billing intervals, setup charges, optional add-ons, and other charges applicable to an order are shown in the Order Summary before you submit it. No optional charge is added without your express selection. All payments are subject to Section 5.

3.1.1. Prices are denominated in euros unless the Order Summary states otherwise. Before a Consumer submits an order, the Order Summary displays the total amount payable including VAT or other applicable sales tax, any one-time setup fee identified separately from recurring charges, all other unavoidable charges, and the recurring price for the selected Billing Cycle. That displayed total is the price of the contract. Where a starting price is shown elsewhere on our website for comparison, it is indicative only and the tax treatment applicable to it is stated with the figure. No charge is added after the order is submitted that was not displayed in the Order Summary.

3.2. A paid recurring subscription renews automatically for the same Billing Cycle until cancelled under Section 5, unless the accepted Order expressly states otherwise. The Order Summary identifies the selected Billing Cycle and the recurring price for that Billing Cycle. The renewal date and payment due date are recorded on the applicable invoice and in the Client Portal, and the cancellation deadline is set out in Section 5.

3.2.1. By completing a paid order, you authorize VYKIX and its payment provider to collect the amount shown in the Order Summary at the start of the paid subscription and the recurring price for the selected Billing Cycle on each renewal date. A monthly-equivalent figure displayed for a Quarterly, Semi-Annual, Annual, or other multi-month Billing Cycle does not mean that you will be charged monthly.

3.2.2. The renewal date and payment due date shown on the applicable invoice and in the Client Portal control. Issuing an invoice before that date does not bring forward the renewal date or shorten the cancellation deadline. A free trial does not convert into a paid subscription, and no trial payment method is charged unless you subsequently place and expressly accept a separate paid order.

3.2.3. Unless the Order Summary states otherwise, an invoice for a recurring renewal is ordinarily generated fourteen calendar days before its due date, which ordinarily corresponds to the Service renewal date. Early invoice generation is advance billing notice only: the due date and renewal date shown on the invoice and in the Client Portal control, and generating the invoice does not make the amount overdue or shorten any cancellation right or deadline.

3.3. Fees must be paid by the due date shown on the invoice and in the Client Portal. Non-payment is handled under the notice, suspension, retention, and deletion process in Section 7.

3.4. Prices for new orders may change before an order is accepted. For an existing rolling subscription, we will give at least two months' advance notice of a recurring price increase. The notice will state the new price, effective date, and how to cancel before it applies. A Minimum Term price remains fixed subject to Clause 4.4.

3.5. A business-only price may be displayed excluding VAT only where it is clearly identified as excluding VAT. The Order Summary identifies the applicable VAT treatment and total amount payable. Where a valid EU VAT identification number is supplied and the legal requirements are satisfied, the reverse-charge mechanism may apply. VYKIX's VAT identification number is PT517675110.

3.6. Payments must use an available method shown at checkout and may also be subject to the payment provider's terms. We are not responsible for a provider failure outside our reasonable control, but remain responsible for our own billing instructions and refund obligations. We may change a payment method on reasonable notice, or immediately where it becomes unavailable, insecure, or unlawful, and will offer another available method where reasonably practicable.

3.7. We must receive undisputed amounts in full by the stated due date. A Customer disputing part of an invoice must identify the disputed amount and reasons promptly and pay the undisputed balance. Nothing restricts a set-off, withholding, suspension of payment, or other remedy available under applicable law.

3.8. Voluntary cancellation takes effect at the end of the applicable paid billing period and stops future renewal. It does not create a prorated refund for the current period. For a Business Customer, it does not release accrued Fees or a valid Minimum Term obligation. A Consumer's early-exit amount, if any, is governed exclusively by Clause 4.3. Exceptions apply where these Terms expressly promise a refund or where withdrawal, conformity, termination, or another mandatory right requires one.

3.8.1. A renewal collected on or after the renewal date and time in accordance with these Terms is not refundable merely because the Customer submits a voluntary cancellation after that date and time. A payment collected before that deadline will be reversed or refunded under Clause 5.2.3. The invoice issued in advance under Clause 3.2.3 is notice of the upcoming renewal and of the amount that will fall due. The right of withdrawal in Clause 5.1 applies to the conclusion of the contract and does not begin again on each renewal of an existing subscription. This clause does not limit a statutory withdrawal, conformity, or termination right, or any refund these Terms expressly promise, and we may in any case offer an account credit or a Service extension as a goodwill resolution.

3.9. Promotional Bonus Days. We may offer complimentary service days under stated promotion rules. Bonus Days are not a trial, have no cash value, are non-transferable, and are added only after the stated qualifying action. We may change or discontinue an offer before it is accepted, but will honour an accepted offer under its terms. Bonus Days do not delay or limit the statutory withdrawal period or another mandatory right.

3.10. Migration Assistance. We may offer complimentary, best-effort migration where technically feasible. The Customer must maintain complete independent backups and provide secure access and reasonable cooperation. We may decline a technically incompatible or unreasonably risky migration. Timelines are estimates. Liability for migration is governed by Section 24; we are not responsible to the extent loss is caused by the source provider, defective source data, undisclosed incompatibility, or the Customer's failure to maintain backups.

3.11. Promotional Offer Limitations. Promotions are limited to the eligibility, duration, and combination rules displayed with the offer and may be restricted to one per verified Customer identity. We may end a promotional benefit where reasonably necessary because of fraud, duplicate use, or a material breach, but we will not retroactively charge an undisclosed amount. Complimentary migration carries no minimum commitment or retroactive labor charge. A separately selected Minimum Term remains governed by Section 4, and no promotion limits mandatory Consumer rights.

3.12. 48-Hour Free Trial. VYKIX may offer a 48-hour free trial of specified Services. The trial costs EUR 0 and does not renew or convert automatically. A payment card may be verified for fraud prevention but will not be charged for the trial. At the displayed expiry timestamp, the trial Service is suspended and cannot be used. Active trial Service Data is permanently deleted seven calendar days after suspension. You must export any required data before that timestamp. Continuing requires a separate paid order in which you actively accept the price, billing interval, renewal terms, any Minimum Term, and payment authorization. Statutory rights for that paid order begin when the paid contract is concluded.

4. Minimum Term

4.1. A Minimum Term applies only where the Order expressly identifies the Service as subject to a Minimum Term, commitment, or equivalent wording and states the duration of that commitment. Selecting a Quarterly, Semi-Annual, Annual, or other multi-month Billing Cycle does not by itself create a Minimum Term: it means that the selected Billing Cycle is prepaid, and it does not make a later Billing Cycle payable before that cycle renews. Where a Minimum Term does apply, the Order Summary identifies the selected Service, the committed duration, the Billing Cycle, any setup fee, the recurring price, the total minimum payment commitment, and any early-exit adjustment. At the end of a Billing Cycle the Service renews for the same Billing Cycle unless the Customer cancels under Section 5 or the accepted Order expressly states a different post-term arrangement.

4.2. A plan change takes effect only after we provide a written change summary stating the new Service, price, effective date, credits or additional charges, and any new Minimum Term, and you accept it. A change does not start or restart a Minimum Term unless that consequence is expressly shown and accepted. Informal support advice does not amend an Order.

4.4. Price Stability During Minimum Term. The recurring base price remains fixed during a Minimum Term. Changes in VAT or government-imposed tax apply as required by law. A third-party licence or optional add-on price changes only where the Order disclosed that pass-through treatment and the Customer receives advance notice; a Consumer will not incur an additional charge without the acceptance or termination option required by law.

5. Cancellation Policy

5.1. Cooling-Off / Right to Cancel

5.1.1. This Section 5.1 applies only to Consumers. A Consumer may withdraw from a distance contract without giving a reason within fourteen days after the contract is concluded.

5.1.2. A Consumer may withdraw by sending the model form or any other unequivocal statement by email, through the Client Portal, by post, or by another method capable of proof. Sending the statement before the deadline is sufficient. If an electronic withdrawal facility is used, we will acknowledge receipt on a durable medium without delay and in any event within twenty-four hours.

5.1.3. If a Consumer withdraws, we will reimburse all payments received, subject only to a proportionate amount lawfully payable under Clause 5.1.5. Reimbursement will be made without undue delay and no later than fourteen days after receipt of the withdrawal notice, through the original payment method unless the Consumer expressly agrees otherwise and incurs no cost.

5.1.4. Supply of a paid Service may begin promptly after payment. Where a Consumer has made the separate express request in Clause 5.1.5 at checkout, we record that request with the Order and confirm it, with the date and time recorded, in the Order Confirmation. Beginning supply does not remove the withdrawal right. Where no such express request has been recorded, the Consumer bears no cost for the Service supplied during the withdrawal period.

5.1.6. The Consumer bears no cost for performance during the withdrawal period if we failed to provide the legally required information or did not obtain the express request. Activation or provisioning of an ongoing hosting subscription does not by itself eliminate the withdrawal right. The right is lost early only where the relevant paid Service has been fully performed after the Consumer's prior express request and acknowledgment that full performance causes that loss.

5.1.7. Withdrawal notices may be sent to LIMITBRAVITY - LDA, Rua Das Costeiras 103, 4835-421 Guimarães, Portugal, by email to [email protected], or through the available Client Portal facility.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

To: LIMITBRAVITY - LDA, Rua Das Costeiras 103, 4835-421 Guimarães, Portugal. Email: [email protected]

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*):

Ordered on (*) / received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

5.2. Cancellation after Cooling Off

5.2.1. After any applicable withdrawal period, a recurring Service continues until cancelled under this Section.

5.2.2. You may prevent renewal through the Client Portal or by sending an unequivocal written request to support. Cancellation is a unilateral notice and does not depend on our discretionary approval.

5.2.3. A cancellation request received before the renewal date and time shown on the invoice and in the Client Portal prevents the next renewal. The invoice-generation date does not shorten that deadline. If we collect payment for the next renewal before that deadline, we will reverse or refund it without undue delay. A request received after the renewal date and time takes effect at the end of the renewed Billing Cycle, unless a withdrawal, conformity, termination, or other mandatory right requires an earlier end or refund.

5.2.4. We will acknowledge receipt electronically. The acknowledgment evidences receipt and is not a condition of effectiveness. A timely request prevents the next renewal even if an invoice was generated earlier.

5.2.5. We may end a rolling Business Customer Service without cause on thirty days' written notice. We may end or discontinue a Consumer Service only on a stated legitimate contractual or legal ground and with the notice and remedies required by law. If we end a paid Service without Customer breach, we will refund the prepaid amount attributable to the period after termination.

5.2.6. A Customer-caused suspension does not create a refund or excuse accrued Fees. If we restrict a Service incorrectly, or a statutory remedy applies, the Customer retains any applicable credit, refund, price-reduction, or termination right.

5.2.7. You may terminate an affected Service for our material breach if we fail to cure it within a reasonable period after written notice, unless the breach is irremediable or mandatory law permits immediate termination. The remedy includes a refund of prepaid Fees attributable to the period after valid termination and any other mandatory remedy.

5.2.8. A standard cancellation leaves the Service active until the end of the current paid period so that the Customer can export Service Data. Data deletion then follows Section 18. No voluntary immediate-cancellation option is offered unless we expressly agree in writing.

5.3. Voluntary Satisfaction Guarantee (Bonus Days)

5.3.1. We may offer a voluntary satisfaction gesture in addition to, and not instead of, statutory withdrawal and conformity rights.

5.3.2. If a User reports technical dissatisfaction within the first 24 hours of the initial provisioning, VYKIX may extend the User's current billing period by up to seven (7) complimentary days ("Bonus Days").

5.3.3. Bonus Days have no cash value, are non-refundable, and are non-transferable. They are added to the end of the current billing period.

5.3.4. This commercial gesture does not change the start or duration of a statutory withdrawal period and does not replace a mandatory remedy.

5.3.5. Bonus Days granted under this Section cannot be combined with Bonus Days granted under any other promotion, including Section 3.9 (Promotional Bonus Days).

5.4. Service Conformity and Consumer Remedies

5.4.1. A Consumer may report non-supply or lack of conformity through the Client Portal, by email, or by another method capable of proof. The Consumer must provide reasonably available details and, where necessary, reasonable cooperation using the least intrusive technically available means so we can determine whether the cause lies in the Consumer's environment.

5.4.2. Where a Consumer Service lacks conformity, we will bring it into conformity free of charge, within a reasonable time after being informed, and without serious inconvenience, unless doing so is impossible or would impose disproportionate costs in the circumstances.

5.4.3. A Consumer may obtain a proportionate price reduction or terminate the affected contract where the statutory conditions are satisfied, including where conformity is impossible or disproportionate, we fail or clearly refuse to restore conformity within a reasonable time and without serious inconvenience, the problem recurs, a new lack of conformity occurs, or the problem is sufficiently serious to justify an immediate remedy. No rigid waiting period applies where mandatory law permits an immediate remedy.

5.4.4. If we fail to supply a Consumer Service, the Consumer may require supply and may terminate if we then fail to supply without undue delay or within an expressly agreed additional period. Immediate termination remains available where we state that we will not supply or an agreed essential deadline has been missed.

5.4.5. On a valid statutory price reduction or termination, we will reimburse the amount required by law without undue delay and no later than fourteen days after receiving the Consumer's decision, using the original payment method unless otherwise expressly agreed and at no cost to the Consumer.

5.4.6. The accepted Order Summary, any Service description expressly incorporated into it, and any pre-contract statement that applicable law makes binding define our managed scope. We are responsible for the underlying infrastructure and each management function or Customer Backup Feature expressly included in that scope. Except for those functions, the Customer is responsible for its operating system, applications, mods, content, configuration, credentials, application-level security, and independent backups. A failure caused exclusively by a disclosed incompatible or Customer-controlled environment is not a lack of conformity; this does not alter any statutory burden of proof or Consumer right.

6. Pricing, Chargebacks, and Fair Use Bandwidth Policy

6.1. Pricing and Payment Disputes

6.1.1. Prices and available specifications for new orders may change until an order is accepted. The accepted Order Summary controls the specific Service supplied. A lower price later offered for a new order does not automatically reprice an existing contract.

6.1.2. An existing Customer may cancel at the end of the applicable term and place a new order at a then-current price, subject to availability, migration requirements, and any existing Minimum Term.

6.1.3. Planned recurring price increases for active subscriptions will be notified at least two months in advance, subject to the fixed-price protection in Clause 4.4.

6.1.4. Notices are sent to the account email. You must keep contact details current. If you do not accept an increase, you may cancel before it takes effect without a price-change penalty.

6.2. Fair Use Bandwidth Policy

6.2.1. We monitor bandwidth usage to protect reliable network performance for Customers.

6.2.2. We may use automated tools to measure and track bandwidth consumption across our Services.

6.2.3. This Fair Use Bandwidth Policy applies to all Customers.

6.2.4. A numerical Fair Use threshold applies only where the accepted Order, or a policy expressly incorporated and made available before ordering, states the threshold, measurement method, measurement window, and resulting rate limit. Momentary traffic bursts alone do not breach the threshold. If none is stated, no numerical Fair Use threshold applies.

6.2.5. Sustained usage above the applicable Fair Use threshold may result in proportionate port rate limiting, traffic shaping, or another corrective measure. We will notify the Customer before applying a measure and allow a reasonable opportunity to reduce usage, except where immediate action is necessary to protect network stability or other Customers.

6.2.6. If you reasonably expect to need sustained bandwidth above the applicable threshold, contact us before ordering so that we can identify a suitable plan or add-on.

6.2.7. We will use reasonable efforts to accommodate disclosed requirements and offer an available suitable solution.

6.2.8. If sustained usage exceeds the applicable Fair Use threshold, our systems may throttle the affected port to a reduced rate until usage returns to compliance or an agreed upgrade takes effect. No automated or retroactive overage fee will be applied without the Customer's express prior consent.

6.2.9. Where offered, a throttled Customer may actively purchase a bandwidth add-on through the Client Portal to restore the stated speed. No bandwidth charge will be added without that active purchase.

6.2.10. We may contact a Customer to discuss suitable upgrade options where sustained high bandwidth usage is detected.

7. Account Suspension and Termination

7.1. The following non-payment lifecycle applies unless the Order Summary gives the Customer a longer period.

7.1.1. If an invoice is not paid by its due date, we will send a reminder to the account email. The invoice and reminder will identify the affected Service and the suspension and deletion timetable.

7.1.2. If the invoice remains unpaid three calendar days after the due date, we may suspend the affected Service. A Business Customer owes the statutory commercial late-payment interest and, where the statutory conditions are met, the minimum EUR 40 recovery-cost compensation and reasonable proven excess recovery costs. A Consumer owes only default interest and costs lawfully applicable under mandatory law.

7.1.3. Following suspension on the third calendar day after the due date, we will ordinarily retain the affected Service Data until the deletion point in Clause 7.1.4. If all outstanding amounts are paid before cancellation and deletion, we will restore the Service within a reasonable time. We may assign a different IP address or equivalent hardware, but the restored Service will meet the specifications in the accepted Order. If restoration is not reasonably possible, we will notify the Customer, terminate the affected Service, and refund any prepaid amount attributable to the period after termination.

7.2. We may restrict, quarantine, null-route, suspend, or terminate an affected Service where reasonably necessary because of non-payment; actual or reasonably suspected breach; unlawful activity; fraud or materially false information; a security or infrastructure risk; material harm to us, another customer, or a third party; a binding legal, registrar, registry, or upstream-provider requirement; or a material or repeated contractual breach.

7.3. We will select a measure reasonably proportionate to the apparent severity, urgency, duration, and recurrence based on the information available. Except for serious, urgent, repeated, or apparently irremediable cases, we will ordinarily warn the Customer and allow a reasonable opportunity to remedy the issue.

7.4. We may act immediately where necessary to address malicious traffic, DDoS activity, malware, phishing, child sexual abuse material, a threat to life or safety, fraud, unauthorized access, active infrastructure degradation, evasion of an earlier restriction, or a legal obligation. Where legally permitted, we will notify the Customer no later than when action is taken and provide the reasons and available review route in Section 9A.

7.4.1. We may investigate reported abuse, request relevant cooperation, preserve evidence and logs, and make lawful disclosures. Nothing in these Terms creates a general obligation to monitor Customer content.

7.4.2. A suspension caused by the Customer does not excuse accrued Fees or, for a Business Customer, a valid Minimum Term payment obligation. This does not exclude a remedy where we acted incorrectly or applicable law requires one.

7.5. Liability for an enforcement decision is governed by Section 24. Nothing excludes liability where we failed to act reasonably and in good faith or where liability cannot lawfully be limited.

7.6. Debt Recovery. We may refer or assign a valid overdue debt to a third-party debt collection agency. Reasonable, proven external recovery costs and court or legal costs are payable by the defaulting Customer only to the extent permitted by applicable law or awarded by a competent court. Proceedings follow Section 27.

7.7. Account-level termination. Where a serious breach of Section 9 occurs, or a breach recurs after an earlier restriction, we may in addition terminate any or all of the Customer's other Services and close the Account, where that is a proportionate response to the seriousness, recurrence, or risk of repetition. We will give the reasons and the review route under Section 9A. We will refund the prepaid amount attributable to the period after termination for any Service that was not itself the subject of the breach, and Clauses 18.5.1 and 18.6 continue to apply to retrieval of content covered by them. Declining future orders is governed by Clause 2.7, and immediate action to address evasion of an earlier restriction is governed by Clause 7.4.

8. Uploading Content

8.1. A Business Customer represents and warrants, and a Consumer undertakes, that it has the necessary rights to upload and use its content and that doing so complies with law and these Terms.

8.2. The Customer is responsible for the content, instructions, and activities of its authorised users. We remain responsible for our own acts and omissions, and any liability is governed by Section 24.

8.3. We use Customer content only as permitted by Section 15.2, the Privacy Policy, the DPA where applicable, and documented Customer instructions.

8.4. We may use anonymized or aggregated service metrics for capacity planning, security, and improvement. We may access or process Service Data only as reasonably necessary to supply, secure, maintain, migrate, or support the Service; follow the Customer's documented instruction; enforce these Terms; or comply with law, in each case subject to the Privacy Policy and DPA where applicable.

8.5. We may disclose Customer information where required by law, a binding order, or a valid legal process, or where lawfully necessary to establish, exercise, or defend rights. A bare allegation does not by itself require disclosure.

8.6. Content restriction and deletion decisions follow the objective, proportionate process in Section 7 and, where applicable, the notice and statement-of-reasons process in Section 9A.

9. Prohibited Uses and Acceptable Use

9.1. You may use our Platform only for lawful purposes. You may not use our Platform:

9.1.1. In breach of law, sanctions, export controls, court orders, intellectual-property rights, privacy rights, or other third-party rights;

9.1.2. For fraud, phishing, scams, credential theft, child sexual abuse or exploitation, unlawful terrorist content, or other illegal material or activity;

9.1.3. To distribute malware, operate botnets or command-and-control infrastructure, send unsolicited bulk messages, or facilitate unauthorized access;

9.1.4. To attack, scan, exploit, disrupt, or degrade systems or networks, including DDoS activity, except for a lawful security test expressly authorized by the system owner and by us where our infrastructure is affected;

9.1.5. To tunnel, proxy, or route traffic so as to sell or provide our bandwidth or protection for external infrastructure without a separate written wholesale agreement;

9.2. You also agree not to:

9.2.1. Reproduce, duplicate, copy, or resell any part of our Platform;

9.2.2. Access without authority, interfere with, damage, or disrupt any part of our Platform or related software or networks.

9.2.3. Undervolt, overclock, or otherwise modify the BIOS of the servers.

9.2.4. Mine cryptocurrency, perform cryptographic plotting, or run any stress-test service such as Prime95.

9.2.5. Commercially subdivide, sublease, or white-label our compute, storage, or network infrastructure without a separate written wholesale agreement. Ordinary use of a game server by the Customer's own player community is permitted.

9.2.6. Use VYKIX's network infrastructure and DDoS mitigation capacity as a transit hub, GRE tunnel, or VPN proxy to shield, route, or protect external third-party infrastructure not hosted on the VYKIX platform.

9.2.7. Evade resource, bandwidth, identity, payment, security, or enforcement controls, or fail to secure or remediate a compromised Service after reasonable notice.

9A. Digital Services Act Compliance

9A.1. Potentially illegal content may be reported electronically to [email protected]. The notice should include: a sufficiently substantiated explanation of the alleged illegality; the exact electronic location, such as URL, IP address and port; the reporting person's name and email address; and a good-faith statement that the information is accurate and complete. Name and email are not required for notices concerning offences covered by Articles 3 to 7 of Directive 2011/93/EU.

9A.2. Where contact information is provided, we will acknowledge receipt without undue delay. We process notices and make decisions in a timely, diligent, non-arbitrary, objective, and proportionate manner. We will notify the reporter of the decision and available redress where the DSA requires it.

9A.3. Where we restrict information or a Customer account because content is allegedly illegal or incompatible with these Terms, we will provide the affected Customer with a clear statement of reasons where legally required. It will identify the measure and its territorial scope and duration, the material facts, whether a notice or our own investigation led to the decision, any automated means used, the legal or contractual ground, and available review routes. We may withhold or delay information where law permits or requires this.

9A.4. A Customer may request human review by emailing [email protected] with the relevant evidence. Automated tools may identify known malware, malicious traffic, or prohibited patterns, but material final decisions are subject to human review where appropriate and required.

9A.5. Our DSA point of contact for recipients of the service and for Member State authorities, the European Commission, and the European Board for Digital Services is [email protected]. Communications are accepted in English and Portuguese, and the contact is not solely automated. Where we become aware of information giving rise to a suspicion of a criminal offence involving a threat to life or safety, we will make the report required by applicable law.

9B. Copyright Complaints and Repeat Infringers

9B.1. We respect intellectual property rights and expect Customers to do the same. Uploading, storing, or distributing material that infringes another person's copyright through a Service is a breach of Section 9.

9B.2. A copyright owner or authorised agent may report allegedly infringing material to [email protected]. To allow us to act, the report should identify the copyrighted work relied on; identify the material claimed to infringe and its exact location, such as URL, IP address, and port; give the reporting person's name, address, telephone number, and email address; state that the reporting person believes in good faith that the use is not authorised by the owner, its agent, or the law; and state that the information in the notice is accurate and, under penalty of perjury where applicable, that the reporting person is authorised to act for the owner. This address is also our designated agent contact for notices under the United States Digital Millennium Copyright Act, 17 U.S.C. § 512.

9B.3. Where a notice is sufficiently substantiated, we will act expeditiously to remove or disable access to the material and will notify the affected Customer, with the reasons and the review route in Clause 9A.3 and 9A.4. Where the affected Customer submits a counter-notification asserting in good faith that the material was removed as a result of mistake or misidentification, and consenting to the jurisdiction stated in that counter-notification, we may restore the material unless the reporting person notifies us that it has filed proceedings seeking a court order.

9B.4. Repeat infringers. We maintain and reasonably implement a policy of terminating, in appropriate circumstances, the Account and Services of a Customer who is a repeat infringer. We record substantiated copyright notices against the relevant Account. Where an Account accumulates repeated substantiated notices, or where a single infringement is serious and deliberate, we may terminate the affected Service or the Account under Clauses 7.2 and 7.7, taking into account the number and seriousness of the notices, whether the Customer removed the material or contested the notice, and any counter-notification. A notice that is withdrawn, successfully countered, or plainly unfounded is not counted.

9B.5. We may decline to act on a notice that is incomplete, abusive, or plainly unfounded, and nothing in this Section requires us to monitor Services generally or to adjudicate a genuine ownership dispute between third parties. Reports made in bad faith may be reported to the relevant authority and may give rise to liability under applicable law.

10. Windows Licenses

10.1. Users are strictly prohibited from operating unlicensed, pirated, or otherwise illegal Microsoft Windows products, services, or operating systems. All Microsoft Windows products, services, or operating systems must be activated and licensed in full accordance with the relevant legal requirements.

10.2. A Customer using unlicensed Microsoft software may be restricted under Section 7. Immediate action is reserved for serious or urgent legal, security, or infrastructure risk. The Customer remains responsible for losses and third-party claims caused by its unlawful licensing conduct to the extent provided by law.

10.3. The Customer is responsible for obtaining and correctly using any Windows licence required for its workload, except for a licence expressly supplied by us in the Order.

10.4. We do not supply a Windows trial or evaluation edition for production use or commercial resale. Where an Order expressly offers an evaluation environment and Microsoft's current terms permit it, we may install a genuine evaluation image solely for the Customer's authorised evaluation. The Customer must comply with the stated activation and expiry conditions, stop using it when the evaluation ends, and obtain a valid licence before any continued or production use.

11. Web Hosting

11.1. We do not:

11.1.1. Allow the hosting of unlawful content or pirated, unlicensed, or unlawfully modified software, themes, plugins, or websites where a licence is required.

11.1.2. Allow email spamming of any kind.

11.2. Suspected breach is handled under the proportionate enforcement process in Sections 7 and 9A. A Customer-caused termination does not create a voluntary refund, without limiting a mandatory remedy or a refund required because we acted incorrectly.

12. Game Servers

12.1. Your Game Server will have the corresponding RAM depending on your selected plan.

12.1.1. The following technical limits apply:

12.1.1.1. The total amount of RAM you choose may not always be usable, as factors such as active background processes and other usages, such as specific plugins, consume RAM capacity.

12.1.1.2. For our Game Servers, unlimited slots do not necessarily mean that your Service can handle unlimited players.

12.1.1.3. If your usage causes service degradation for other customers on the same node, VYKIX may throttle or suspend the affected service. Where possible, you will be notified before action is taken. In urgent cases where other customers are actively affected, VYKIX may act immediately and notify you afterwards.

12.1.1.4. Our Services, including disk space and CPU usage, are subject to the limits disclosed for the plan. Disk usage must remain reasonable for the hosted game and configuration. An ordinary disk overage receives forty-eight hours' notice to reduce usage. A severe overage above 150% of a numerical plan allocation may receive a twenty-four-hour cure period; where the Order states no numerical allocation for the resource, that percentage threshold does not apply and Clause 12.1.1.7 governs instead. Section 7 permits immediate proportionate action where usage is actively degrading infrastructure or another Customer's Service.

12.1.1.5. An automatic-backup or multi-server plugin is prohibited only where it bypasses plan limits, runs an additional game server on the same Service, or consumes resources beyond the disclosed allocation or applicable Fair Use threshold. Enforcement follows Clause 12.1.2.8 and Section 7.

12.1.1.6. Unrelated or excessive folders, logs, and backups may be restricted or removed after reasonable notice if they breach the disclosed allocation or materially disrupt other customers. We may act immediately where necessary to stop active disruption and will notify the Customer afterward.

12.1.1.7. Unlimited and Fair Use resources. Where an Order describes RAM, storage, player slots, bandwidth, or another resource as Unlimited, Unlimited (Fair-use), or similar wording, no fixed numerical quota applies unless a limit is disclosed in the Order or in a Fair Use policy made available before purchase. Unlimited does not mean infinite, dedicated, or unaffected by the impact of the usage on shared infrastructure. Usage must remain reasonably connected to the intended operation of the ordered Service and must not materially degrade our infrastructure or another Customer's Service. Where usage creates a material resource or performance impact, we may notify the Customer and require a proportionate corrective measure such as a reasonable reduction, removal of unrelated data, migration, or a plan change, following the process in Section 7. A percentage-of-allocation threshold does not apply to a resource for which the Order states no numerical allocation; enforcement is instead based on the measured impact of the usage.

12.1.2. The following is prohibited abuse. Enforcement follows Section 7. We may recover unpaid Fees and proven infrastructure, bandwidth, investigation, and recovery losses caused by the breach, but prepaid amounts are not automatically forfeited.

12.1.2.1. Using plugins or files that increase your RAM allocation.

12.1.2.2. Sustained CPU usage exceeding 90% of allocated cores for more than four continuous hours, or disk usage exceeding 150% of a numerical plan allocation where the Order states one, after notification and failure to resolve within the applicable cure period in Clause 12.1.1.4. Where the Order states no numerical allocation for the resource, Clause 12.1.1.7 governs instead of a percentage threshold. Immediate action remains available under Section 7 for active infrastructure degradation.

12.1.2.3. Storing files unrelated to the game server operation (e.g., media archives, personal backups) that exceed 10 GB or impact node storage availability.

12.1.2.4. Attempting to gain unauthorized access.

12.1.2.5. Circumvention of RAM restriction.

12.1.2.6. Using your Service to host non-Game Server-based services such as websites.

12.1.2.7. Running botnets, DDoS tools, network scanners, or any other malicious software on the Service.

12.1.2.8. Running automated backup plugins or multi-server management plugins that consume excessive resources. VYKIX will notify the Customer and request removal before taking enforcement action, unless the plugin is actively degrading service for other customers.

13. Free Services

13.1. A web-hosting, Discord-bot-hosting, database, template, or other ancillary Service is included at no additional charge only where the Order expressly lists it. It is tied to the associated paid subscription and ends when that subscription ends, subject to any mandatory Consumer right.

13.2. MySQL Services. Where the Order includes it, a Game Server subscription may include one MySQL database with a maximum allocation of 20 GB, subject to disclosed Fair Use limits. It ends with the associated paid Service. The Customer must export and back up database content before that time. Liability is governed by Section 24 and mandatory law.

13.3. You may not use any of our free services for any other purpose than expressly provided by us.

13.4. Abuse of Free Services includes, but is not limited to: using them for purposes unrelated to your paid hosting service, consuming resources that degrade performance for other customers, or violating the Acceptable Use Policy (Section 9). VYKIX will notify you of the abuse and request resolution before suspending the Free Service, unless immediate action is required to protect other customers.

13.5. Use of Free Services is subject to the terms and conditions of this Agreement.

13.6. We may modify or discontinue a Free Service for a stated operational, technical, legal, security, upstream, or business reason and will give at least seven days' notice where reasonably practicable. If it is an expressly included paid characteristic of a Consumer Order, the modification and remedies in Section 19 and mandatory law apply.

13.7. A Free Service carries no separate availability commitment or service-credit scheme. Liability remains governed by Section 24; mandatory Consumer rights are not excluded.

13A. DDoS Protection

13A.1. VYKIX provides network-level Distributed Denial of Service (DDoS) mitigation ("VxShield") as part of its infrastructure. DDoS protection is included on all plans at no additional cost. Depending on the Service, location, capacity, or threat, mitigation may be operated by VYKIX or routed through an approved provider such as Global Secure Layer or Eranium B.V.; we may switch between approved providers without changing the core protection described in the Order.

13A.2. DDoS protection is provided on a best-effort basis. While VYKIX maintains mitigation capacity across its network, no DDoS protection system can guarantee immunity from all attack types, volumes, or vectors. VYKIX does not guarantee uninterrupted service during an active attack.

13A.3. We may temporarily null-route traffic to an affected IP address for only as long as reasonably necessary where an attack threatens shared infrastructure or another Customer's Service. We will use reasonable efforts to restore routing or provide an equivalent replacement IP when the risk subsides. A permanent restriction based on Customer breach follows Section 7. If we cannot substantially resume a non-breaching Customer's paid Service, the applicable termination, refund, and mandatory Consumer remedies remain available.

13A.4. DDoS events may cause downtime, packet loss, latency, null-routing, or degradation. Liability for those effects is governed by Section 24, including its exclusions for events outside our reasonable control and its non-excludable-liability rules.

13A.5. You must not deliberately attract, invite, solicit, or provoke attacks. Suspected breach is handled under Section 7, with immediate action available where necessary to protect the network or others.

13B. Rust Partner Benefits and Independent Partner Services

13B.1. An eligible paid Rust game-server Order may include access to independent third-party services such as Galium Anti-Cheat and RankEval ("Partner Services") without an additional VYKIX partner add-on charge. These benefits are not included with the free trial unless the trial Order expressly says otherwise.

13B.2. Activating a Rust Partner Service is optional. It is not required to use the core Rust hosting Service. A benefit is activated only after the Customer voluntarily links the relevant Steam account through the Client Portal or otherwise makes the affirmative activation request described there. We do not automatically share the Customer's SteamID64 merely because the Customer purchases or uses a Rust server.

13B.3. When the Customer chooses to link Steam and activate an included benefit, the Customer instructs us to share the linked SteamID64 with the relevant Partner Service only as necessary to verify eligibility and arrange access. The applicable just-in-time notice, Privacy Policy, partner privacy notice, and partner terms will be made available before linking and explain the processing and the partner's service.

13B.4. Galium, RankEval, and other Partner Services remain independent services supplied and operated by their respective providers. The partner is responsible for its own accounts, software, anti-cheat or scoring decisions, profiles, availability, support, and any personal-data processing for which it acts as controller. Our obligation for an included benefit is to arrange eligible access for the stated period. We may replace or withdraw access if the partner changes or discontinues its offering, provided this does not remove a paid characteristic expressly included in a Consumer Order or restrict a mandatory remedy.

13B.5. We remain responsible for our own statements, contractual promises, and lawful handling or disclosure of personal data. Displaying or arranging a Partner Service does not create an agency, legal partnership, joint venture, or authority for either party to bind the other.

14. Domain Registration and Management Services

14.1. VYKIX provides an ordering, billing, and management interface for domain-name services and submits registration, renewal, transfer, and management requests through third-party accredited registrars and applicable registries. VYKIX is not the registrar of record. The registrar of record and the current applicable registrant agreement for each domain will be identified or linked before ordering and may also be viewed in the Client Portal or applicable registration data.

14.2. By submitting a domain transaction, the Customer authorizes us to transmit its instructions and required registration data to the registrar and registry. The Customer must comply with the applicable ICANN, registrar, registry, and TLD-specific policies, which form part of the domain order where identified before purchase.

14.3. The Customer must provide and maintain accurate registrant and contact information, complete required verification promptly, possess all necessary rights to the requested name, and review notices concerning the domain. Incorrect, stale, unverified, unlawful, or infringing information may lead to refusal, hold, suspension, transfer, or deletion under applicable policies.

14.4. Availability results are provisional until the registrar and registry accept the request. Payment does not guarantee allocation. Domain requests are generally processed on a first-come, first-served basis. If a requested registration cannot be completed, we will refund the fee charged for that unsuccessful transaction without undue delay.

14.5. Registration, renewal, transfer, expiry, grace, quarantine, and redemption rules, deadlines, and fees vary by TLD and registrar. The Customer must renew by the deadline shown in the Client Portal or renewal notice. Redemption or restoration is not guaranteed, and any redemption fee will be shown before the transaction is submitted.

14.6. For a Consumer, we will begin a domain registration during the withdrawal period only after obtaining a separate express request for immediate performance and acknowledgment that the withdrawal right is lost once the registration service is fully performed. We will retain and send confirmation of that request on a durable medium. Merely placing the domain order is not treated as that separate request.

14.6.1. Where a Consumer withdraws after a domain registration has been completed, we will reimburse the amounts required by law within the period in Clause 5.1.3. We may ask the Consumer to authorise deletion or transfer of the domain to us, the registrar, or the registry, and will do so to the extent applicable registry policy permits. Reimbursement is not conditional on that authorisation.

14.7. We may comply with registrar, registry, ICANN, judicial, administrative, verification, and dispute-resolution requirements. We are not responsible for acts of those independent entities outside our reasonable control, but remain responsible for our own breach and any liability that cannot lawfully be excluded. Section 24 supplies the applicable liability framework.

15. Intellectual Property Rights

15.1. Intellectual property rights in our Platform belong to us or our licensors. The Platform is licensed, not sold, and the Customer receives only the limited use right in Clause 1.2.

15.2. The Customer or its licensors retain all rights in Service Data and Customer content. The Customer grants us a non-exclusive, worldwide, royalty-free licence, lasting only as long as reasonably necessary, to host, copy, transmit, adapt, restore, and display that content solely to supply, secure, maintain, migrate, or support the Service; follow documented instructions; enforce these Terms; or comply with law. We may not use private hosted content for advertising or promotion without separate permission.

15.3. No right to Platform source code is granted except where applicable open-source licence terms expressly require otherwise.

15.4. Attribution for our website materials or Platform software is required only where the relevant content notice or applicable law requires it.

15.5. You must not commercially exploit our website materials or Platform software outside the rights expressly granted by us or our licensors. This restriction does not apply to Customer content governed by Clause 15.2.

16. Submissions

16.1. If you voluntarily provide product feedback or suggestions identified as feedback, you grant us a non-exclusive, perpetual, worldwide, royalty-free licence to use and adapt that feedback to improve our business and Services. This does not apply to private hosted content, support attachments, personal data, or material supplied only for us to perform the Service.

16.2. You represent that you may lawfully provide the feedback. Any inalienable moral rights and applicable data-protection rights remain unaffected.

17. Privacy

17.1. For applicable data protection legislation, VYKIX will process any personal data you have provided us following our Privacy Policy and Cookie Policy available on the VYKIX Platform.

17.2. If you provide personal data relating to another person, you must have a lawful basis and provide any required notice. A Business Customer is responsible under the indemnity in Section 25 for third-party claims caused by its material breach of this obligation. A Consumer is responsible only to the extent provided by applicable law.

17.3. To the extent that VYKIX processes personal data on your behalf as a data processor within the meaning of GDPR Article 28, the terms of our Data Processing Agreement apply and are incorporated into this Agreement by reference. In the event of conflict between this Agreement and the DPA regarding data processing matters, the DPA shall prevail.

18. User Data

18.1. Primary data and operational recovery copies. Service Data includes game-world files, configurations, databases, mods, and other content stored in a Service. Active Service Data is the Customer's primary service copy. A replica, snapshot, or recovery copy that we create for infrastructure operations is maintained for our internal recovery, security, or continuity purposes. It is not a Customer archive or guaranteed restore point and need not permit restoration of an individual file, server, or version. A Customer has no contractual right to restoration from an operational recovery copy unless the accepted Order expressly says otherwise or mandatory law requires it.

18.1.1. Customer Backup Feature. A backup or restore function is part of a Customer's Service only where the accepted Order expressly includes it (a "Customer Backup Feature"). A reference to three backups means three same-server backup slots for Customer recovery copies. Those copies are stored on the same physical server as the active Service Data and are not protected from a failure that affects that server or its storage. Only the characteristics stated in the accepted Order are included, such as the maximum number of stored copies, whether creation is manual or scheduled, the included paths, rotation or retention, and the available restore method. Unless the accepted Order expressly states otherwise, no recovery-point objective, recovery-time objective, physical or provider separation, immutability, archival retention, continuous monitoring, or emergency-restore commitment applies.

18.1.2. Backup limitations. A manual request or schedule starts a backup job; it does not confirm successful completion. An individual backup or restore may fail, and a copy may be incomplete, outdated, corrupted, or unavailable even where reasonable care has been used. A Business Customer must check the reported job status and copy size and test recoverability where reasonably practicable. A Consumer should do so where reasonably practicable; failure to do so does not shift a statutory burden of proof or remove a statutory remedy and affects recoverable loss only to the extent it caused or increased that loss. We will use reasonable care and skill to operate a Customer Backup Feature and, where a failure is reported, will investigate and retry or reperform the operation where reasonably possible. A failed backup or restore does not by itself create an automatic Service credit, refund, or fixed compensation. Any remedy is governed by the accepted Order, Sections 5 and 24, and mandatory law.

18.1.3. Independent copies. The Customer must keep current, verified copies outside the VYKIX Account and infrastructure of Service Data that cannot reasonably be recreated. A Customer Backup Feature is a same-server recovery tool and does not replace an independent off-site backup. For a Consumer, this allocation does not exclude our responsibility for breach or lack of conformity and affects a claim only to the extent the Customer's omission caused or increased the loss and applicable law permits.

18.2. Customer-controlled causes. Subject to mandatory law, we are not responsible to the extent loss or corruption was caused or increased by Customer content or instructions, unsupported software, Customer configuration, compromised Customer credentials, failure to follow clear backup or restore instructions, or failure to maintain an independent off-site backup that would reasonably have prevented or reduced the loss. This allocation does not excuse our own breach, negligence, failure to supply an expressly included Customer Backup Feature, or another responsibility that cannot lawfully be excluded.

18.3. Personal-data access, portability, deletion, and other privacy rights are governed by the Privacy Policy. Requests may be sent to [email protected].

18.4. While a Service is active, including the remaining paid period after standard cancellation, the Customer can export Service Data through the available file-management, SFTP, or other tools. The Customer must complete exports before the notified deadline.

18.5. After an ordinary cancellation reaches the end of its paid term, or a Service is lawfully terminated, its active Service Data may be permanently deleted under the timetable stated in these Terms and the cancellation or termination notice. Trial data is deleted seven calendar days after the 48-hour trial suspension. Non-payment follows Section 7. Serious security or illegal-content cases may require immediate isolation or deletion where lawful and proportionate.

18.5.1. Where a Consumer validly terminates because of non-supply or lack of conformity, we will, on request and subject to statutory exceptions, make available non-personal content the Consumer provided or created while using the Service. Retrieval will be free of charge, without hindrance, within a reasonable time, and in a commonly used machine-readable format. We may disable further Service use while preserving the retrieval facility.

18.6. We will preserve or otherwise make available content covered by Clause 18.5.1 for the period required by applicable law. No operational deletion timetable in these Terms limits a Consumer's statutory right to request retrieval. Outside that requirement, disaster-recovery backups are not guaranteed to permit individual restoration and expire according to the Privacy Policy and operational backup cycle.

18.7. Billing, invoice, payment, security, and legal records are separate from Service Data and may be retained for the periods required or permitted by law and described in the Privacy Policy. Closing a Service does not require deletion of records we must lawfully retain.

19. Modifications to Terms

19.1. We may update these Terms for a valid reason, including a change in law, security or abuse risk, technology, product function, upstream requirement, or business organisation. A change will not retroactively alter accrued rights or Fees.

19.2. We will notify an affected Customer of a material change on a durable medium at least thirty days before it takes effect, unless an urgent legal or security reason requires earlier action. The notice will explain the change, effective date, and any termination right. Price changes follow the longer notice in Clause 3.4.

19.3. For a Consumer digital Service, a change beyond what is necessary to maintain conformity will be made only on a valid contractual ground, without additional cost, and with clear information. Where the change negatively affects access or use, we will give reasonable advance notice on a durable medium of the change, its timing, the statutory termination right, and any option to retain an unchanged conforming version. Where the statutory conditions are met, the Consumer may terminate free of charge within thirty days after receiving the notice or after implementation, whichever is later. That right need not apply where the Consumer can retain the unchanged conforming version without additional cost. For a Business Customer, a material change applies prospectively after notice under Clause 19.2. The Business Customer may terminate an affected rolling Service before a material adverse change takes effect. A material adverse change to a fixed Minimum Term requires express agreement, except for a change required by law or reasonably necessary to address an immediate security risk.

20. Corrections

20.1. We may correct a typographical, calculation, or display error. A correction does not silently change an accepted Order. If a material error makes an accepted Order unavailable or incorrectly priced, we will notify the Customer promptly and offer lawful options, which may include performance on the accepted terms, an agreed replacement, or cancellation and refund. Before submitting an order you may review and correct the details you have entered by returning to the previous checkout step or editing the cart; the Order Summary shown immediately before the final order control is your last opportunity to correct an input error.

21. Availability of the Platform

21.1. Unless an accepted Order expressly incorporates a document identified as a Service Level Agreement, no guaranteed availability percentage, maximum interruption period, recovery-point objective, recovery-time objective, backup-completion or restore-time commitment, or automatic Service-credit or fixed-compensation scheme applies. A figure expressly described as a target, aim, estimate, or "up to" value is not a guaranteed minimum or an automatic compensation trigger. This does not override an express characteristic of the accepted Order, a binding Consumer statement, or mandatory law.

21.2. Hardware and component failure. Hardware and components can fail even when operated with reasonable care. If a hardware or component failure interrupts a Service, we will use reasonable care and skill to diagnose it and take reasonable steps to repair, replace, or migrate the affected component as appropriate. No guaranteed restoration time applies unless the accepted Order or an incorporated Service Level Agreement states one. For a Consumer, this does not displace the requirement in Section 5.4 to restore conformity within a reasonable time and without serious inconvenience. The occurrence of a hardware failure or interruption does not by itself trigger an automatic contractual refund, Service credit, or fixed compensation. This clause does not limit an express Order or Service Level Agreement remedy, a Consumer remedy under Section 5.4, a termination or refund right under Clause 5.2.7, or liability that cannot be excluded under Clause 24.6.

21.3. We will use reasonable care in operating the infrastructure and will give advance notice of planned maintenance where reasonably practicable. Emergency maintenance may be performed without advance notice where necessary to protect security, integrity, or availability.

21.4. What this Service is, and is not. Except for a management function expressly identified in the accepted Order, the Services are supplied on a self-managed, non-SLA basis and are priced on that footing. They are not sold as an enterprise service and carry no guaranteed availability commitment, no defined recovery-time objective, and no contractual service-credit scheme. A Customer that requires a contractual availability guarantee, a defined restoration time, or an enterprise support commitment should procure a service sold with a Service Level Agreement, whether from us under a separately agreed and separately priced SLA or from another provider.

21.4.1. Unless expressly agreed in a separately signed Order, a Business Customer must not use a Service as the sole or safety-critical component of a system where interruption, error, or data loss could reasonably cause death, personal injury, serious property or environmental damage, or disruption of an essential service. The Business Customer must maintain redundancy, independent backups, and a tested recovery plan appropriate to its workload. This use restriction does not exclude liability under Clause 24.6.

21.5. Where a Service supplied to a Business Customer is interrupted for a reason attributable to us, we may offer an extension of the paid period or an equivalent account credit. The offer does not replace a termination or refund right under Clause 5.2.7, an express Service Level Agreement remedy, or liability that cannot be excluded under Clause 24.6.

21.6. Where a Consumer is entitled to a monetary remedy for an interruption, we will provide the remedy required by Section 5.4 and applicable law. We may offer an extension of the paid period or an account credit as a voluntary alternative. The alternative applies only if the Consumer expressly selects it after we state its amount, scope, and effect. Once provided, it satisfies only the identified monetary amount for that interruption, to the extent applicable law permits. Declining an alternative does not delay or restrict a mandatory remedy or an unrelated right.

22. Disclaimers

22.1. The accepted Order Summary defines the selected plan, location, resources, managed scope, and other specific characteristics. The Customer is responsible for checking disclosed compatibility requirements and whether the selected plan is appropriate for its intended workload.

22.2. General website content is not professional, legal, financial, or security advice.

22.3. Independent Partner Services and third-party links are governed by Section 13B. We do not control an independent provider, but remain responsible for our own statements and obligations.

22.4. Game software, mods, operating systems, registries, networks, and other third-party components may change, fail, or become incompatible outside our reasonable control. We do not promise their continued availability unless the Order expressly makes a specific function our managed responsibility.

22.5. Images may be illustrative. They do not replace the technical specifications and price displayed in the Order Summary.

22.6. We may correct website errors under Section 20. Nothing prevents a Customer relying on an accepted Order, a legally binding public statement, or a mandatory cancellation, conformity, or refund right.

22.7. Third-party trademarks and product names belong to their owners. A reference does not by itself imply endorsement, agency, or legal partnership, although an actual commercial integration or optional Partner Service may be accurately identified.

22.8. Price changes are governed by Sections 3, 4, and 6 and do not silently alter an accepted Order.

22.9. General infrastructure metrics such as clock speed, mitigation capacity, storage throughput, and bandwidth may be identified as maximum, typical, or target values and may vary by plan, location, workload, and hardware. No general marketing metric creates an availability guarantee unless the Order expressly says so. This qualification does not exclude the legal effect of a specific public statement or advertised characteristic where mandatory Consumer law makes it relevant.

23. Warranties

23.1. For a Business Customer and to the fullest extent permitted by law, the Platform and Services are supplied on an as-available basis, and warranties or conditions not expressly stated in the Order or these Terms are excluded. We do not guarantee uninterrupted operation, immunity from attacks, compatibility with undisclosed environments, or a particular commercial result.

23.2. For a Consumer, we do not exclude the statutory requirements of supply, conformity, continuity, security, updates, fitness for ordinary purpose, or any agreed particular purpose, or the remedies in Section 5.4 and applicable law.

23.3. No internet-connected service can be guaranteed completely secure or error-free. Each party must use reasonable security measures within its control and promptly address known compromises.

24. Limitation of Liability

24.1. This Section applies to liability arising in contract, tort including negligence, statutory duty, misrepresentation, restitution, or otherwise, and to the fullest extent permitted by law.

24.2. Business loss and data. For a Business Customer and to the fullest extent permitted by law, we are not liable for indirect or consequential loss or for loss of profit, revenue, sales, business, opportunity, anticipated savings, goodwill, or reputation arising from or connected with the Services, even if the possibility was known. Subject to Clauses 24.3, 24.5, and 24.6, our liability to a Business Customer for loss, corruption, or unavailability of Service Data is limited to the reasonable direct cost of restoring it from the Customer's current independent copy or, where restoration is not reasonably possible, the reasonable direct cost of recreating the affected data. We have no contractual obligation to create, retain, or restore a backup unless a Customer Backup Feature is specifically defined in the accepted Order. An unsuccessful backup or restore attempt does not by itself establish a breach.

24.3. We are not responsible to the extent loss was caused or increased by a matter listed in Clause 18.2, an independent Partner Service, or an event outside our reasonable control. A failure to keep an independent off-site backup does not erase liability for an initial loss we caused, but may reduce recoverable loss to the extent that backup would reasonably have prevented or reduced it and applicable law permits.

24.4. For a Consumer, we remain responsible for reasonably foreseeable loss caused by our breach to the extent required by law. Sections 18 and 21 describe the Service scope and Customer-controlled risks; they do not exclude a remedy for failure to supply a Customer Backup Feature or another characteristic included in the accepted Order or made binding by law. We are not responsible for business loss suffered by a Consumer who acquired the Service wholly or mainly for private use.

24.6. Nothing in these Terms excludes or limits liability for harm to life, physical or moral integrity, or health; fraud or fraudulent misrepresentation; wilful misconduct or gross negligence by us or our representatives or auxiliaries; non-contractual patrimonial loss or damage caused within the sphere of the Customer or a third party; or any other liability that cannot lawfully be excluded or limited.

25. Indemnity

25.1. A Business Customer will indemnify VYKIX and its personnel against third-party claims and reasonable resulting losses and legal costs to the extent caused by Customer content, unlawful use, infringement of third-party rights, material breach of Section 9 or 17, or acts of its authorised users.

25.2. The indemnity does not apply to the extent a claim was caused by our breach, negligence, gross negligence, or wilful misconduct. We will give prompt notice and reasonable cooperation and will not settle a claim in a way that imposes an admission or non-monetary obligation on the Business Customer without its reasonable consent.

25.3. A Consumer is responsible only for direct loss caused by deliberate or negligent unlawful conduct to the extent provided by applicable law and gives no contractual indemnity under this Section.

26. Events Outside of Our Control (Force Majeure)

26.1. We are not liable for failure or delay caused by an event beyond our reasonable control, including widespread power or communications failure, upstream network failure, labour dispute, civil unrest, fire, flood, natural disaster, epidemic, war, terrorism, government action, or a large-scale attack that reasonable measures could not prevent.

26.2. We will use reasonable efforts to mitigate the effect and resume performance and will notify affected Customers where reasonably practicable. The affected obligation is suspended only for the duration and extent of the event. If a paid Service cannot be substantially supplied for more than thirty consecutive days, either party may terminate the affected Service; we will refund prepaid Fees for the period after termination. Mandatory Consumer remedies remain unaffected.

26.3. Payment obligations accrued for Services already supplied remain due. A Customer's lack of funds, change in market conditions, or inability to obtain financing is not an event outside its reasonable control.

27. Dispute Resolution

27.1. Please first contact us at [email protected] so the parties can try to resolve a dispute promptly. This does not suspend a statutory deadline unless the law says so.

27.2. A Consumer may use a competent Portuguese consumer alternative dispute resolution entity, including TRIAVE or, where competent, CNIACC. Information is also available through the Electronic Complaints Book.

27.2.1. A Portuguese consumer dispute whose value does not exceed the jurisdictional limit of the Portuguese courts of first instance is subject to necessary arbitration or mediation where the Consumer expressly chooses to submit it to a legally authorised consumer arbitration centre. At the start of that process, the Consumer must be informed of the right to representation by a lawyer or solicitor and, where eligible, to apply for legal aid.

27.3. A Consumer may bring proceedings against us in the competent courts of Portugal or, where mandatory jurisdiction rules permit, in the courts of the Consumer's domicile. We may bring proceedings against a Consumer only in courts permitted by mandatory law.

27.4. For a Business Customer, disputes arising from or connected with this Agreement are subject to the exclusive jurisdiction of the courts with territorial jurisdiction in Guimarães within the Tribunal Judicial da Comarca de Braga, Portugal.

28. Other Important Terms

28.1. We may propose a transfer of this Agreement as part of a merger, restructuring, financing, or sale of relevant business assets. A contractual transfer takes effect only with the Customer's agreement, unless it occurs automatically by operation of law. We will identify the proposed recipient and give the information required for an informed decision.

28.2. You may transfer this Agreement only with our prior written consent, not to be unreasonably withheld for a genuine Business Customer reorganisation where the transferee is creditworthy and accepts these Terms. Mandatory Consumer transfer rights remain unaffected.

28.3. No joint venture, partnership, agency, or employment relationship has arisen as a result of these Terms.

28.4. For a Business Customer, these Terms, the accepted Order, and documents expressly incorporated into them are the entire agreement on the Service and supersede prior discussions. The Business Customer may not rely on a statement not included in those documents, except in the case of fraud or fraudulent misrepresentation. For a Consumer, the contract also includes any public statement or pre-contract information that applicable law makes binding.

28.4.1. Nothing limits mandatory rights under Portuguese or other applicable Consumer, e-commerce, data-protection, or digital-services law.

28.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, which will not mean that we will automatically waive any later default by you.

28.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides they are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

28.7. These Terms and related non-contractual obligations are governed by Portuguese law. If a Consumer is habitually resident in another country and we direct activities to that country, this choice does not deprive the Consumer of protection under mandatory provisions that would apply without this choice.

28.8. Business Customer jurisdiction is governed by Clause 27.4. Consumer jurisdiction is governed by Clause 27.3 and mandatory law.

28.9. Language. The contract language is the language identified and supplied in the Order Summary. Services offered to Consumers in the Portuguese market require the applicable pre-contract information and contract terms to be supplied in Portuguese. Where Portuguese and English versions are both supplied for such an order, the Portuguese version governs any inconsistency, without limiting mandatory rights.

28.10. Notices may be sent to the account email or through the Client Portal and take effect when actually delivered, or at another time required by mandatory law. The sender should retain proof of delivery. Legal, cancellation, and withdrawal notices to us may be sent to [email protected] or Rua Das Costeiras 103, 4835-421 Guimarães, Portugal.

28.11. If documents conflict, the accepted Order Summary controls Service-specific commercial details, then an expressly incorporated Service description, then these Terms, then referenced operational policies. The DPA controls only personal-data processing matters. Mandatory law always prevails.