Terms and Conditions

Terms and Conditions for "DEDIXLAB.COM"
dated March 07, 2019

Last updated on December 01, 2025

These Terms and Conditions for the "DEDIXLAB.COM" service (the "Terms and Conditions") are an annex to, and form an integral part of, the Paid Services Agreement (the "Agreement") concluded between VMachines & Servers OÜ (the "Contractor" or "Operator") and the Customer. VMachines & Servers OÜ acts as the Contractor under the Agreement and as the Operator of the "DEDIXLAB.COM" website (the "Website").

These Terms and Conditions set out specific rules and procedures for ordering, configuring, using and supporting the Services via the Website and the Client Area. They apply to all Customers, including Consumers and Business Customers within the meaning of the Agreement, who access or use the Services under the Agreement.

For Customers who qualify as Consumers under applicable law, these Terms and Conditions are subject to mandatory consumer protection provisions of the European Union and Estonia, including but not limited to the Consumer Rights Directive 2011/83/EU and the Unfair Contract Terms Directive 93/13/EEC. Nothing in these Terms and Conditions shall be construed as limiting or excluding any mandatory statutory rights of Consumers.

By ordering, paying for or using the Services, the Customer confirms that they have read, understood and agree to be bound by these Terms and Conditions, the Agreement and all other annexes forming part of the Agreement.

1. Terms and Definitions

   Capitalised terms used in these Terms and Conditions shall have the meanings given to them in the Agreement, unless expressly defined otherwise herein or unless the context otherwise requires.

2. General Provisions

   1. These Terms and Conditions are an annex to the Agreement between the Customer and the Contractor and form an integral part of the Agreement. If any provision of these Terms and Conditions is inconsistent with the Agreement, the Agreement shall prevail to the extent of such inconsistency.

   2. If the Customer does not agree to the Agreement and these Terms and Conditions, the Customer should not create an account, place any order or use any Services offered on this Website.

   3. By ordering and paying for the Services, the Customer warrants and represents that:

      • the Customer has the legal capacity to enter into the Agreement with the Operator; or

      • the Customer is duly authorised to act on behalf of another person or legal entity (the "Principal") and has obtained all necessary consents and approvals from the Principal to enter into the Agreement and to use the Principal's payment method for the Services.

      Where the Customer acts on behalf of a Principal, both the Customer and the Principal are jointly and severally liable for all obligations under the Agreement and these Terms and Conditions. The Customer shall ensure that the Principal has been informed of, and agrees to, the processing of the Principal's personal data in accordance with the Privacy Policy.

      The Customer also agrees to comply with all applicable laws and regulations in connection with the Agreement, these Terms and Conditions and the use of the Services.

   4. The Customer warrants and represents that the contact and billing information provided to the Operator is accurate, complete and up to date. The Customer shall notify the Operator of any changes to such information without undue delay and in any event within 7 (seven) calendar days, in accordance with Clause 4.2(g) of the Agreement.

      1. The Operator may, where proportionate to the circumstances, suspend or restrict access to the Customer's account and the Services, with or without prior notice, if:

         • the Operator has reasonable grounds to believe that the information provided by the Customer is materially inaccurate, incomplete, outdated or false;

         • the Operator has reasonable grounds to suspect fraud, abuse, violation of the Agreement or these Terms and Conditions, or other unlawful activity in connection with the Customer's account or use of the Services;

         • the Customer fails to complete identity verification or provide information or documents requested by the Operator in accordance with the KYC Customer Verification Policy within the time period specified therein;

         • immediate action is required to protect the Operator's infrastructure, other customers, third parties or the integrity and security of the Services; or

         • the Operator is required to do so under applicable law or by a competent authority.

      2. Where the Operator suspends or restricts access under Clause 2.4.1, the Operator shall notify the Customer of the suspension without undue delay and, where reasonably practicable, within 48 (forty-eight) hours, stating:

         • the reason for the suspension (to the extent permitted by law and without prejudice to any ongoing investigation);

         • the steps the Customer may take to resolve the issue or provide the requested information; and

         • information on how the Customer may submit a complaint or contest the suspension through the Client Area ticket system.

      3. For Customers who qualify as Consumers:

         • the suspension shall be lifted promptly if the Customer provides satisfactory evidence or completes the verification requested by the Operator;

         • if the Customer does not respond to the Operator's request within 14 (fourteen) calendar days, the Operator may terminate the Services in accordance with the Agreement;

         • nothing in this Clause 2.4 limits the Operator's rights under the Agreement, the Refund Policy or applicable law to refuse refunds or terminate the Services in cases of fraud, abuse or material breach.

   5. The Customer warrants and represents that the Customer is 18 years of age or older. Persons under 18 years of age are not permitted to register for an account or order the Services on this Website.

   6. The Operator may amend, modify or update these Terms and Conditions from time to time in accordance with Clause 2.11 of the Agreement. In case of any conflict between this Clause 2.6 and Clause 2.11 of the Agreement, Clause 2.11 of the Agreement shall prevail. For Customers who qualify as Consumers, any such amendments are subject to the notice periods and termination rights set out in the Agreement.

3. Payment for the Services and procedure of settlements

   1. Unless otherwise specified in the applicable Service description or agreed in writing, all Services are provided on a recurring subscription basis. The duration of each billing cycle (the "Billing Period") is specified in the applicable Service description or selected by the Customer during the ordering process and may be monthly, quarterly, semi-annual, annual or such other period as may be offered by the Operator. If no Billing Period is specified, the default Billing Period is one (1) calendar month.

      The Customer may request a change to the Billing Period in accordance with Clause 3.12.

      The Agreement and each Service will automatically renew for successive Billing Periods of the same duration, unless the Customer cancels the relevant Service in accordance with Clauses 3.2 and 3.3 and the relevant provisions of the Agreement.

      For Customers who qualify as Consumers (as defined in the Agreement), this automatic renewal clause does not limit any mandatory statutory rights of withdrawal or termination under applicable consumer protection law, including the right of withdrawal within 14 (fourteen) days from the conclusion of the Agreement, as further described in the Operator's Refund Policy.

   2. Cancellation of subscription-based Services and notice period

      1. The Customer may request cancellation of any subscription-based Service at any time by using the cancellation methods described in Clause 3.3.

      2. If the Operator receives the cancellation request no less than seven (7) calendar days before the renewal date for the relevant Service, the cancellation will take effect at the end of the then-current Billing Period, and no further fees for that Service will be charged for subsequent Billing Periods.

      3. The seven (7) day notice period is required because:

         • the Operator reserves physical infrastructure capacity (including servers, network resources, IP addresses and data centre resources) specifically for each Customer based on contractual commitments with upstream providers;

         • these capacity reservations are made at least seven (7) days in advance and cannot always be adjusted on shorter notice due to the operational requirements of managing physical infrastructure; and

         • this advance notice ensures orderly service termination, proper data backup procedures and allows the Operator to fulfil contractual obligations with third-party providers.

      4. Late cancellation for non-consumer (business) Customers. If a Customer who does not qualify as a Consumer submits a cancellation request less than seven (7) calendar days before the renewal date, the cancellation will be processed but will take effect at the end of the next Billing Period, as capacity for the upcoming Billing Period may already have been reserved and committed. The Customer will receive full access to the Service for any Billing Period that has been charged. Unless expressly stated otherwise in the Agreement or in the Operator's Refund Policy, no pro-rata refunds are provided for partial Billing Periods.

      5. Late cancellation for Consumers. If a Consumer submits a cancellation request less than seven (7) calendar days before the renewal date but before the renewal payment has been successfully processed, the Operator will use reasonable efforts to prevent renewal for the next Billing Period. Where the renewal payment has not yet been processed and can be technically and operationally prevented, the Services will terminate at the end of the current paid Billing Period and no fees for the next Billing Period will be charged.

         If a Consumer submits a cancellation request after the renewal payment has already been successfully processed, the cancellation will take effect at the end of the renewed Billing Period, and the Consumer will retain full access to the Service for that renewed Billing Period.

         Nothing in this Clause 3.2.5 limits:

         • the Consumer's statutory right of withdrawal within 14 (fourteen) days from the conclusion of the Agreement, as described in the Refund Policy; or

         • any mandatory statutory rights of Consumers to terminate the Agreement or obtain a refund in cases of non-conformity of the Services or other grounds provided by applicable consumer protection law.

      6. If no cancellation request is received by the Operator before the renewal date, the subscription is deemed renewed and the next Billing Period will commence and be billed in accordance with these Terms and Conditions and the Agreement.

   3. Cancellation procedure and communication channels

      1. Primary method: Client Area. The primary and recommended method to cancel the Services is through the Client Area on the Operator's Website. After logging in, the Customer can open a new support ticket with one action and specify in that ticket:

         • which Service(s) are to be cancelled or terminated; and

         • the preferred cancellation date (subject to the notice period in Clause 3.2).

         The cancellation process via the Client Area is designed to be at least as simple as, and generally faster than, the process of ordering the Services.

      2. The use of the Client Area as the primary cancellation channel ensures:

         • secure verification of the Customer's identity;

         • reliable delivery and documentation of the request within the Operator's systems;

         • protection against accidental or unauthorised cancellations;

         • a complete audit trail for both parties; and

         • efficient processing of the request.

      3. Alternative channels and Consumers' rights. If the Customer is unable to access the Client Area (for example, due to a technical issue or loss of access credentials), the Operator will also accept written cancellation requests sent from the contact email address registered in the Customer's account or via other official communication channels (such as business messaging accounts) expressly indicated on the Operator's Website as valid contact channels for contractual matters.

         Due to the involvement of third-party email and messaging service providers, the Operator cannot guarantee the successful or timely delivery of messages sent via such external channels and is not responsible for delays or failures attributable to those third-party services. A cancellation request sent via such alternative channels will be considered received and effective only once it is actually received and accessible in the Operator's systems.

         For Customers who qualify as Consumers, the Operator acknowledges that any clear and unambiguous written statement sent via the Operator's published contact channels and expressing the decision to cancel the Services will be treated as a valid cancellation request from the moment it is received by the Operator, in accordance with applicable consumer protection law. The Operator may request reasonable additional information to verify the identity of the Consumer where there is a legitimate concern about the authenticity of the request, provided that such verification does not unreasonably delay the processing of the cancellation.

         For the exercise of the statutory right of withdrawal within 14 (fourteen) days from the conclusion of the Agreement, it is sufficient for the Consumer to send the withdrawal statement before the withdrawal period has expired, in accordance with the Refund Policy.

      4. Cancellation Confirmation. After the Operator processes the cancellation request, the Operator will send the Customer a "Cancellation Confirmation". This document, detailing the Services that have been cancelled or terminated, their effective end date and other pertinent information, will be delivered via the Client Area (for example, as a reply to the relevant ticket) and may additionally be dispatched by email to the Customer's contact email address.

      5. Relationship with the Refund Policy. Where the Customer also requests a refund in connection with the cancellation, such request shall be handled in accordance with the Operator's Refund Policy in addition to this Clause 3.3. Nothing in this Clause 3 limits any mandatory statutory rights of Consumers relating to withdrawals, refunds or termination under applicable law.

   4. PayPal and third-party recurring payments

      1. If the Customer creates a recurring payment or subscription through PayPal or another third-party payment service provider when ordering the Services (a "Third-Party Recurring Payment"), the Customer is responsible for managing that Third-Party Recurring Payment directly with the relevant payment service provider.

      2. If the Customer cancels the Services with the Operator but does not cancel the corresponding Third-Party Recurring Payment with the payment service provider, the payment service provider may continue to process payments in accordance with the Customer's instructions given to that provider. The Operator does not control and cannot directly cancel Third-Party Recurring Payments on the Customer's behalf.

      3. The Operator is not responsible for payments processed by third-party payment service providers after the Customer has cancelled the Services with the Operator, provided that the Operator has duly processed and confirmed the cancellation in accordance with Clause 3.3.4 and has not requested or initiated such payments itself.

      4. If a payment is received by the Operator after the effective cancellation date solely due to the Customer's failure to cancel a Third-Party Recurring Payment, the Operator will, upon the Customer's written request submitted within thirty (30) calendar days from the date of such payment, either:

         • apply the payment to a new service period (reactivating the cancelled Service); or

         • refund the payment to the Customer, subject to the Operator's Refund Policy and any applicable processing fees charged by the payment service provider.

      5. Nothing in this Clause 3.4 limits any mandatory statutory rights of Consumers under applicable consumer protection law or any rights the Customer may have against the relevant payment service provider.

   5. Third-party payers and authorised contacts

      1. If the Services are paid for by a third party (the "Payer"), the Customer remains the account holder and is responsible for managing the account and the Services, unless the Operator has agreed otherwise in writing.

      2. The Customer may authorise another person to act on their behalf in relation to the account (including the Payer) by:

         • adding that person as an authorised contact through the Client Area while logged in to the Customer's account; or

         • providing written authorisation to the Operator from the email address registered in the Customer's account or through the Client Area ticket system.

      3. The Operator may discuss the Customer's account with, and accept instructions in relation to the account from, any person whom the Customer has designated as an authorised contact, to the extent permitted by applicable data protection law and the Operator's Privacy Policy.

      4. If the Payer is not the Customer and has not been designated as an authorised contact, the Operator will not disclose account information to the Payer and will not accept binding instructions from the Payer without the Customer's prior consent, except where the Operator is required to do so by applicable law or by an order of a competent authority.

      5. The fact that a third party pays for the Services on behalf of the Customer does not, by itself, entitle that third party to receive any refunds in their own name if this would contradict the Operator's Refund Policy or applicable anti-money laundering requirements.

      6. Where a third party pays for the Services on behalf of the Customer, the Customer remains primarily liable for all payment obligations under this Agreement. For Customers that do not qualify as Consumers, the Operator may, where the Payer has expressly agreed to be bound by this Agreement, treat the Customer and the Payer as jointly and severally liable for all payments due under this Agreement.

   6. Statutory right of withdrawal for Consumers

      1. Customers who qualify as Consumers have a statutory right to withdraw from the Agreement within fourteen (14) days from the date of conclusion of the Agreement, without giving any reason, in accordance with Directive 2011/83/EU and its national implementation.

      2. By confirming and paying for an Order, the Consumer expressly requests that the Operator begins providing the Services before the end of the withdrawal period. The Consumer acknowledges that:

         • if the Services are fully performed before the withdrawal period expires, the Consumer will lose the statutory right of withdrawal; and

         • if the Consumer exercises the right of withdrawal after performance of the Services has begun but before the Services are fully performed, the Consumer shall pay the Operator an amount proportionate to what has been provided until the Consumer has informed the Operator of the exercise of the right of withdrawal, compared to the full coverage of the Agreement.

      3. Details of the conditions, time limits and procedures for exercising the statutory right of withdrawal, including any applicable exceptions and the consequences of withdrawal, are set out in the Operator's Refund Policy and the pre-contractual information provided to Consumers before placing the Order.

      4. This Clause 3.6 concerns solely the statutory right of withdrawal available to Consumers and does not limit the Customer's contractual right to cancel subscription-based Services for the future in accordance with Clauses 3.2 and 3.3 or any mandatory statutory rights of termination, including in cases of non-conformity of the Services.

   7. Payment authorisation and liability

      1. The Customer warrants that the Customer is authorised to use the chosen payment method for the Services and that such use does not infringe the rights of any third party.

      2. If the Customer uses a payment method belonging to another person (for example, a credit card in another person's name), the Customer warrants that they have obtained the cardholder's or account holder's consent to use that payment method for the Services.

      3. If the payment provider, card issuer, account holder or payment service provider declines, reverses or disputes any payment to the Operator, the Customer remains liable for the full amount due for the Services, unless the Customer has a valid statutory right to withhold or reverse the payment.

      4. For Customers that do not qualify as Consumers, the Customer agrees to indemnify and hold the Operator harmless against direct losses, costs and reasonable expenses actually incurred by the Operator in connection with any declined, reversed or disputed payment that arises due to the Customer's breach of this Agreement or unauthorised or unlawful use of the payment method, including reasonable administrative costs and third-party fees.

      5. For Customers who qualify as Consumers, this Clause 3.7 does not require the Consumer to pay any amount exceeding the actual and documented losses suffered by the Operator as a direct result of the payment failure and does not limit any mandatory statutory rights of the Consumer or of the holder of the payment instrument under applicable payment services legislation (including rights in relation to unauthorised payment transactions) or consumer protection law.

   8. Suspension for non-payment

      1. The Services are provided on a prepaid basis. The Operator publishes renewal invoices in the Client Area at least fourteen (14) calendar days before the payment due date in accordance with Clause 4.1(h) of the Agreement. This advance invoice constitutes sufficient notice of the upcoming payment obligation and of the potential consequences of non-payment. Where reasonably practicable, the Operator will also send an informational reminder to the Customer's registered email address.

      2. If the Customer fails to pay any invoice by the due date specified therein, the Operator may suspend, restrict or temporarily disable some or all of the Services from the first day following the due date, without the need for any further formal notice, until payment is received in full and all outstanding charges are cleared. For the avoidance of doubt, the Operator is not obliged to maintain the Services beyond the paid Billing Period where the Customer has not made payment for the next period.

      3. Suspension of the Services does not release the Customer from the obligation to pay any outstanding amounts. The Customer shall be responsible for reasonable costs actually incurred by the Operator in recovering overdue payments, including statutory interest and, where applicable, court fees and reasonable debt collection costs, subject to the limits prescribed by applicable law for Consumers.

      4. Continued non-payment after suspension may result in termination of the affected Services and deletion of the Customer's data in accordance with Clause 3.10 of these Terms and Conditions and Clause 6.1 of the Agreement. The Customer is responsible for backing up and retrieving all data before termination. Nothing in this Clause 3.8 limits any mandatory statutory rights of Consumers under applicable law.

   9. Reactivation of suspended Services

      1. If the Services have been suspended, restricted or disconnected due to non-payment or another material breach by the Customer, and the Customer wishes to reactivate the Services, the Customer must first pay all outstanding amounts in full and remedy the underlying breach (where applicable).

      2. The Operator may charge a reactivation fee for restoring the Services. Any such reactivation fee will either be specified in the applicable Service description or in the Operator's current price list published on the Website, or will otherwise be notified to the Customer in advance and will be reasonable and proportionate to the costs of reactivation.

   10. Termination for non-payment

       1. If payment remains outstanding for more than fourteen (14) calendar days after the due date stated on the relevant invoice, or for any longer grace period specified in the applicable Service description or the Agreement, the Operator may terminate the affected Services and/or the Agreement in whole or in part by giving notice to the Customer.

       2. Termination of the Services for non-payment is without prejudice to the Operator's right to claim payment of any outstanding amounts and any other remedies available under this Agreement or applicable law.

       3. Upon termination of the Services for non-payment, the Operator may delete the Customer's data in accordance with Clause 6.1 of the Agreement. The Customer is responsible for retrieving or backing up all data before termination.

   11. Chargebacks and Payment Disputes

       1. If the Operator receives notification of a chargeback or payment dispute from a payment service provider or card scheme in relation to the Customer's payment, the Operator may suspend, restrict or temporarily disable some or all of the affected Services while the chargeback or dispute is being investigated. The Operator will notify the Customer of such suspension via the Client Area and, where reasonably practicable, by email to the Customer's registered email address, and will, where reasonably practicable, provide the Customer with a reasonable opportunity to resolve the matter directly with the Operator before the suspension takes effect, except where immediate suspension is necessary to prevent further financial loss or abuse.

       2. If the chargeback or payment dispute is resolved in favour of the Operator (for example, the payment service provider or card scheme determines that the original charge was valid), the Operator may:

          • treat the disputed amount as an outstanding payment under this Agreement and require the Customer to pay all such outstanding amounts in accordance with Clause 3.8; and

          • charge the Customer a reasonable administrative fee to cover the Operator's costs of handling the chargeback or dispute, as specified in the applicable price list or Service description, or, if not so specified, not exceeding fifty euros (EUR 50.00) per chargeback or dispute.

          The Operator will restore any suspended Services promptly upon receipt of full payment of the outstanding amounts and any applicable administrative fee.

       3. If the chargeback or payment dispute is resolved in favour of the Customer due to an error attributable to the Operator (such as a duplicate charge, an incorrect amount charged, or Services demonstrably not provided as ordered), the Operator will not charge the Customer for the disputed amount or any administrative fee related to that dispute and will promptly restore any Services that were suspended solely due to the chargeback or payment dispute.

       4. For the avoidance of doubt, the Customer remains responsible for the security of the Customer's account, access credentials and payment details in accordance with Clauses 6.2.6 and 6.2.7 of these Terms and Conditions. The fact that a payment service provider or card scheme resolves a chargeback or payment dispute in favour of the Customer does not, by itself, establish that the Operator was at fault or that the Customer is entitled to a waiver of fees under Clause 3.11.3. Any waiver of fees under Clause 3.11.3 applies only where the underlying issue is directly attributable to an error by the Operator. Nothing in this Clause 3.11.4 limits any mandatory statutory rights of the Customer or the holder of the payment instrument under applicable payment services legislation or card scheme rules.

       5. The Operator may terminate this Agreement and/or the affected Services, in accordance with the termination provisions of the Agreement, if the Customer initiates repeated or abusive chargebacks or payment disputes. For the purposes of this Clause, "repeated" means two (2) or more chargebacks or payment disputes within any twelve (12) month period that are resolved in favour of the Operator; "abusive" means chargebacks or payment disputes initiated in bad faith, for fraudulent purposes, or with the intention of obtaining Services without payment. This Clause 3.11.5 does not apply to chargebacks or payment disputes that are resolved in favour of the Customer in accordance with Clause 3.11.3.

       6. Nothing in this Clause 3.11 limits or restricts:

          • the Customer's statutory rights to initiate a chargeback or payment dispute with the Customer's payment service provider, bank or card issuer in accordance with applicable payment services legislation (including Directive (EU) 2015/2366 (PSD2) and its national implementations) or card scheme rules;

          • any mandatory consumer protection rights of Customers who qualify as Consumers under applicable law; or

          • the Customer's rights to seek remedies for non-conformity of the Services in accordance with the Agreement and applicable law.

   12. Changes to the Billing Period

       1. The Customer may request a change to the Billing Period for an existing Service (for example, from monthly to quarterly, semi-annual or annual billing, or vice versa) by submitting a request through the Client Area ticket system.

       2. Any change to the Billing Period shall take effect from the next renewal date following the processing of the Customer's request, unless the Operator agrees to apply the change earlier.

       3. If the Customer changes to a longer Billing Period (for example, from monthly to annual), the Customer shall pay the difference between the amount already paid for the current period and the price for the new Billing Period, calculated on a pro-rata basis from the date of the change. Any applicable discounts for longer Billing Periods shall be applied in accordance with the current price list.

       4. If the Customer changes to a shorter Billing Period (for example, from annual to monthly), the change shall take effect from the next renewal date. The Customer is not entitled to a refund for any unused portion of the current Billing Period, unless otherwise required by applicable law or expressly agreed by the Operator. For Customers who qualify as Consumers, this Clause does not limit any mandatory statutory rights under applicable consumer protection law.

       5. The Operator reserves the right to refuse a change to the Billing Period where:

          • the requested Billing Period is not available for the relevant Service;

          • the Customer has outstanding payments or unresolved disputes; or

          • there are technical or operational reasons that prevent the change.

       6. Changes to the Billing Period do not affect the Customer's obligation to comply with the cancellation notice period set out in Clause 3.2.

4. Mechanism of Price Indexation.

   1. The prices for the Services are subject to indexation in accordance with Section 5.8 of the Agreement. The Customer should refer to the Agreement for full details on the indexation mechanism, preferential pricing for existing subscriptions, notice periods and the Customer's right to refuse renewal.

5. Supply of Services and Maintenance

   1. The Operator agrees to supply the Services to the Customer in accordance with the terms set out in the Agreement, these Terms and Conditions and the applicable Service description published on the Website at the time of the Customer's Order.

   2. Commencement of the Services

      1. The Operator will use reasonable endeavours to commence the provision of the Services to the Customer as soon as reasonably practicable following confirmation of payment and completion of any required verification procedures under the KYC Customer Verification Policy.

      2. Subject to technical availability, successful verification and the complexity of the ordered Service, the Services will typically be activated within one (1) Working day after confirmation of full payment. Actual activation times may vary depending on the Service type and verification requirements. If no specific timeframe is indicated during the ordering process, the Services shall be supplied without undue delay.

      3. If the Operator becomes aware of any reason for delay, the Operator shall notify the Customer without undue delay via the Client Area and, where reasonably practicable, by email, and shall indicate the expected start date where possible.

      4. For Customers who qualify as Consumers, if the Services are not supplied within the agreed timeframe or, in the absence of an agreed timeframe, within thirty (30) calendar days from the conclusion of the Agreement, the Consumer may request supply within an additional reasonable period. If the Operator fails to supply within that additional period, the Consumer may terminate the Agreement and obtain a refund in accordance with the Refund Policy and applicable mandatory consumer protection law.

   3. Standard of the Services

      1. The Operator will provide the Services to the Customer using reasonable skill and care, in conformity with the Agreement, these Terms and Conditions and the applicable Service description.

      2. For Customers who qualify as Consumers, the Services shall also conform to the objective requirements of quality and functionality that the Consumer may reasonably expect, having regard to the nature of the Services and any public statements made by the Operator about the specific characteristics of the Services, in accordance with applicable mandatory consumer protection law.

      3. Any representations, warranties or guarantees regarding the performance, availability or quality of the Services are exclusively those expressly set out in the Agreement, these Terms and Conditions or any applicable Service Level Agreement (if any), except to the extent that mandatory law provides otherwise.

   4. Modifications to the Services

      1. This Section 5 governs modifications to the Services themselves (including features, functionality and technical resources). Amendments to the text of the Agreement, the Terms and Conditions or their annexes are governed separately by Clause 2.11 of the Agreement.

      2. The Operator may from time to time improve, modify or change the Services, including to introduce new features, update software versions, enhance security, ensure compliance with applicable law, or adapt to changes in third-party infrastructure, licensing or technical requirements.

      3. For modifications that do not materially reduce the functionality or quality of the Services (non-material modifications), the Operator will use reasonable endeavours to notify the Customer via the Client Area and, where reasonably practicable, by email, as soon as reasonably practicable.

      4. For modifications that materially affect, or are reasonably expected to materially affect, the functionality, quality or accessibility of the Services (a "Material Modification"), the Operator shall notify the Customer at least thirty (30) calendar days in advance via the Client Area and by email or another durable medium. The notification shall describe the nature of the modification and, where applicable, its expected impact on the Services.

      5. For Customers who qualify as Consumers, if a Material Modification negatively affects the Consumer's access to or use of the Services and is not strictly necessary for compliance with applicable law or to maintain the security and integrity of the Services:

         • the Consumer may terminate the affected Services without charge within thirty (30) calendar days from the date of notification or from the date the modification takes effect, whichever is later; and

         • where the Consumer exercises this right, the Operator shall refund any prepaid fees for the period after the effective date of termination, in accordance with the Refund Policy and, where the modification affects a core function and no viable alternative is available, Clause 5.8.

      6. The Consumer's right to terminate under Clause 5.4.5 does not apply where the modification is minor, does not negatively affect the Consumer, or where the Consumer retains the ability to maintain the Services in conformity without modification at no additional cost.

      7. Nothing in this Clause 5.4 limits the Operator's right to make changes required by applicable law, a binding order of a competent authority, or to address security vulnerabilities, which may take effect immediately with notification as soon as reasonably practicable.

   5. Modification of IP Addresses and Allocated Resources

      1. The Customer acknowledges that the provision of hosting and infrastructure services may require the Operator to modify, replace or reallocate IP addresses, IP ranges and other technical resources from time to time. Such modifications may be necessary due to:

         • upstream provider requirements or changes in third-party infrastructure;

         • network optimisation, capacity management or load balancing;

         • security incidents, blacklisting remediation or abuse prevention;

         • compliance with applicable law or orders of competent authorities; or

         • other legitimate operational reasons.

      2. The Operator will notify the Customer of any planned modification to IP addresses or other allocated resources via the Client Area and, where reasonably practicable, by email, at least seven (7) calendar days in advance, unless immediate action is required for security, legal compliance or abuse prevention reasons.

      3. The Operator will use reasonable endeavours to minimise any disruption to the Customer's Services resulting from such modifications. Where a modification to IP addresses or resources materially and adversely affects the Customer's use of the Services (for example, where the Customer has ordered a dedicated IP address and it is changed without the Customer's consent for reasons other than those in Clause 5.5.1(c) or (d)), the Customer may:

         • request that the Operator provide a replacement resource of equivalent quality at no additional cost; or

         • if no equivalent replacement is available and the modification constitutes a Material Modification within the meaning of Clause 5.4.4, exercise the rights set out in Clauses 5.4.5 and 5.8.

      4. For standard shared resources (including shared IP addresses in shared hosting or VPS environments), the Customer acknowledges that periodic changes are an inherent part of the service management and do not, by themselves, constitute a Material Modification or give rise to a right to compensation, provided that the overall quality and functionality of the Services are maintained.

      5. Nothing in this Clause 5.5 limits the Customer's rights under the Refund Policy or applicable mandatory law where a modification results in non-conformity of the Services.

   6. Deactivation of Features, Applications or Software

      1. The Operator may deactivate, discontinue or restrict access to individual features, applications, scripts, programs, software versions or third-party integrations where such action is reasonably necessary for one or more of the following reasons:

         • security vulnerabilities, malware, exploits or other threats to the Operator's infrastructure, other customers or third parties;

         • end of support, end of life or discontinuation by the software provider, manufacturer or licensor;

         • incompatibility with updated infrastructure, operating systems or security standards;

         • compliance with applicable law, licensing requirements or orders of competent authorities;

         • stable operation and integrity of the Operator's systems and network; or

         • technical progress, including migration to improved or more secure technologies.

      2. Where reasonably practicable and unless immediate action is required for security or legal compliance reasons, the Operator shall notify the Customer of any planned deactivation via the Client Area and, where reasonably practicable, by email, at least fourteen (14) calendar days in advance. The notification shall describe the affected feature or software, the reason for deactivation and, where available, any alternatives or migration options.

      3. Where immediate deactivation is required due to an active security threat, legal obligation or to prevent ongoing harm, the Operator may act without prior notice and shall notify the Customer as soon as reasonably practicable after the deactivation, explaining the reason and any available remediation steps.

      4. The consequences of deactivation, including the Operator's obligation to offer alternatives and the Customer's right to a refund where a core function is affected, are set out in Clauses 5.7 and 5.8.

   7. Alternatives and Mitigation

      1. The Operator shall take reasonable steps to ensure that any modification, deactivation or discontinuation under Clauses 5.4, 5.5 or 5.6 does not result in changes to a core function of the Services.

      2. For the purposes of this Section 5, a "core function" means a principal feature or capability of the Services that is:

         • expressly described in the applicable Service description or Order as a key characteristic of the Service; or

         • essential to the ordinary and expected use of the Service by a reasonable customer of the same type (Consumer or Business Customer, as applicable).

      3. Where a modification or deactivation may affect a core function, the Operator shall use reasonable endeavours to:

         • offer a technical alternative, upgrade, migration path or workaround that preserves the affected functionality at no additional cost to the Customer; or

         • where no such alternative is available, notify the Customer in advance and provide information about the Customer's options, including the right to cancel and obtain a refund under Clause 5.8.

      4. For Customers who qualify as Consumers, any alternative required to keep the Services in conformity with the Agreement shall be provided at no additional cost, in accordance with applicable mandatory consumer protection law.

      5. Where the Operator offers a technical alternative under Clause 5.7.3(a), the Customer shall cooperate in good faith with any reasonable migration or adjustment process, in accordance with Clause 5.9.

   8. Right to Cancel and Refund for Changes to Core Functions

      1. If a modification, deactivation or discontinuation under this Section 5 results in a change to a core function of the Services (as defined in Clause 5.7.2) and no viable alternative of at least equivalent functionality is available on terms that are not less favourable to the Customer, the Customer shall be entitled to cancel the affected Services and receive a pro-rated refund for any prepaid fees for the period after the effective date of cancellation.

      2. To exercise this right, the Customer must submit a cancellation request through the Client Area within thirty (30) calendar days from the date on which the Customer was notified of the change or, if later, from the date on which the change took effect. The cancellation shall take effect without undue delay and at no additional cost to the Customer.

      3. The refund shall be processed in accordance with the Refund Policy. For Customers who qualify as Consumers, the Operator shall reimburse the Customer within fourteen (14) calendar days from the date on which the Operator is informed of the Customer's decision to cancel, using the same means of payment as the Customer used for the original transaction, unless the Customer has expressly agreed otherwise.

      4. This Clause 5.8 does not limit any other rights of the Customer under the Agreement, the Refund Policy or applicable mandatory law, including the statutory right of withdrawal for Consumers within fourteen (14) calendar days from the conclusion of the Agreement.

      5. For Customers who do not qualify as Consumers (Business Customers), this Clause 5.8 constitutes the sole and exclusive contractual remedy for modifications, deactivations or discontinuations under this Section 5, except where the Operator has acted with gross negligence or intentional misconduct, or to the extent that such limitation is prohibited by applicable mandatory law.

   9. Customer Cooperation

      1. In the event of modifications, deactivations or migrations under this Section 5, the Customer agrees to cooperate with the Operator in good faith and to take reasonable steps to manage any necessary adjustments to the Customer's own configuration, applications, scripts or data.

      2. The Operator shall provide the Customer with reasonable guidance, documentation or technical support to facilitate the adjustment or migration process, to the extent such support is within the scope of the Customer's Service plan.

      3. The Customer acknowledges that failure to cooperate with a reasonable migration or adjustment request may result in reduced functionality, service interruptions or, in exceptional cases, suspension of the affected Services, provided that the Operator has given the Customer adequate notice and a reasonable opportunity to comply.

      4. Nothing in this Clause 5.9 requires the Customer to incur costs that are disproportionate to the value of the affected Services or to undertake technical work that is beyond the reasonable capabilities of a customer of the same type (Consumer or Business Customer, as applicable). Where such disproportionate effort would be required, the Customer may exercise the rights under Clause 5.8.

      5. For Customers who qualify as Consumers, this Clause 5.9 does not limit any mandatory statutory rights, including the right to receive Services in conformity with the Agreement and applicable mandatory consumer protection law.

      6. Unless otherwise agreed in writing, the Operator is not responsible for adapting or updating the Customer's own applications, scripts, third-party integrations or data. The Operator will use reasonable endeavours to communicate relevant changes and any Customer actions required in a timely manner.

6. Responsibility of the parties.

   1. Responsibility of the Operator

      1. Subject to Clauses 6.1.2 to 6.1.19 and except to the extent that liability cannot be limited or excluded under mandatory applicable law, the Operator shall not be liable to the Customer or to any third party under or in connection with this Agreement or any collateral contract for any:

         • loss of revenue;

         • loss of actual or anticipated profits;

         • loss of contracts;

         • loss of business or business opportunity;

         • loss of goodwill or reputation;

         • loss or corruption of data, except as expressly provided in Clauses 6.1.11 and 6.1.12;

         • indirect, consequential or special loss or damage; or

         • any other loss that does not flow directly and immediately from the Operator's proven breach of this Agreement,

         in each case whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, and whether or not such loss was foreseeable or the Operator was advised of the possibility of such loss.

         For Customers who qualify as Consumers: This Clause 6.1.1 does not limit or exclude any mandatory statutory rights or remedies available to Consumers under applicable consumer protection law, including but not limited to the rights and remedies under Directive (EU) 2019/770 (Digital Content Directive), Directive 2011/83/EU (Consumer Rights Directive) and the Estonian Law of Obligations Act. In particular, this Clause does not affect the Consumer's right to a remedy (including price reduction, re-performance or termination) where the Services do not conform to the Agreement.

      2. Notifications of non-conformity, defects or service interruptions shall be submitted in accordance with Clause 2.9 of the Agreement. For Business Customers, in the absence of a timely notification in accordance with the Agreement, the presumptions set out therein shall apply for billing and accounting purposes. For Consumers, no contractual notification deadline limits any mandatory statutory rights, and statutory notification and limitation periods under applicable consumer law remain unaffected.

      3. If any downtime caused by scheduled or emergency maintenance or repair occurs, the Operator will use reasonable endeavours to ensure that any disruption to the Services is minimal and that any scheduled maintenance takes place during off-peak hours where reasonably practicable. The Operator shall notify Customers of scheduled maintenance in accordance with the maintenance notification obligations set out in Clause 4.1 of the Agreement.

      4. Remedies for prolonged downtime

         1. Without prejudice to any other contractual or statutory remedies available to the Customer, if any continuous downtime of the Services exceeding five (5) consecutive calendar days is caused by factors attributable to the Operator (including, but not limited to, scheduled or emergency maintenance, repair, software failures, hardware failures or network issues within the Operator's infrastructure), the Customer may, at the Customer's option:

            • request that the Operator provide reasonably equivalent substitute Services at no additional cost; or

            • request a pro-rata refund or credit for the period during which the Services were unavailable, to be calculated and processed in accordance with the Operator's Refund Policy.

            This Clause 6.1.4.1 does not apply to downtime caused by Force Majeure Events (as defined in Clause 6.1.16), by circumstances beyond the Operator's reasonable control, or by the Customer's own acts, omissions or breach of this Agreement.

         2. For the avoidance of doubt, the mechanism for requesting and receiving any refund or credit under Clause 6.1.4.1 is governed by Section 4.5 and Section 9 of the Refund Policy.

         3. For Customers who qualify as Consumers: The threshold in Clause 6.1.4.1 does not limit or exclude any mandatory statutory rights available to Consumers under applicable consumer protection law. Where the Services do not conform to the Agreement for any period, the Consumer retains the right to seek remedies under Directive (EU) 2019/770 and applicable national law, regardless of the duration of the non-conformity.

      5. Maximum financial liability for refunds and credits

         Any refunds or credits granted by the Operator under this Agreement, the Terms and Conditions or the Refund Policy shall be calculated and processed in accordance with the Refund Policy. In any case, the total amount of any refund or credit for a given Service and Billing Period shall not exceed the amount actually paid by the Customer for that Service for the relevant Billing Period, and shall in no event exceed the price stated in the paid invoice for that Service for the relevant Billing Period.

         For Customers who qualify as Consumers: This Clause 6.1.5 is subject to mandatory consumer protection law. Where applicable law grants Consumers a right to a higher refund or price reduction, such mandatory rights prevail.

      6. Aggregate liability cap

         1. Subject to Clause 6.1.6.2 and Clause 6.1.19, the Operator's maximum aggregate liability to the Customer under or in connection with this Agreement, these Terms and Conditions and the Services, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total fees actually paid by the Customer to the Operator for the specific Service giving rise to the claim during the twelve (12) months immediately preceding the date on which the first such claim arose. Any amounts already refunded, credited or paid by the Operator to the Customer in respect of the same Service during the same period shall count towards and reduce this aggregate liability cap.

         2. The aggregate liability cap in Clause 6.1.6.1 does not apply to:

            • liability that cannot be limited or excluded under mandatory applicable law;

            • liability arising from the Operator's fraud or fraudulent misrepresentation; or

            • liability for death or personal injury caused by the Operator's negligence.

         3. For Customers who qualify as Consumers: The aggregate liability cap in Clause 6.1.6.1 applies only to the extent permitted by mandatory consumer protection law. Consumers retain all mandatory statutory rights and remedies, including the right to damages for non-conformity of the Services, which are not subject to this cap where such limitation would be contrary to applicable law.

      7. Timing of supply

         The Operator shall use reasonable endeavours to supply and activate the Services within the timeframe indicated during the ordering process or, in the absence of such indication, without undue delay in accordance with Clause 5.2 of these Terms and Conditions. The Operator shall not be liable for delays in supply that are caused by circumstances beyond the Operator's reasonable control, provided that the Operator notifies the Customer of the delay and its expected duration as soon as reasonably practicable.

         For Customers who qualify as Consumers: This Clause does not limit the Consumer's statutory rights under Directive 2011/83/EU, Directive (EU) 2019/770 and the Estonian Law of Obligations Act, including the right to request supply within an additional reasonable period and to terminate the Agreement and obtain a refund if the Services are not supplied within that period.

      8. Downtime and service interruptions

         Subject to Clauses 6.1.3, 6.1.4, 6.1.16 and 6.1.17, and except to the extent that liability cannot be limited or excluded under mandatory applicable law, the Operator shall not be liable to the Customer or any third party for any indirect or consequential loss or damage arising from scheduled or emergency downtime, provided that the Operator has complied with its notification obligations under this Agreement and has used reasonable endeavours to restore the Services as soon as reasonably practicable.

         For Customers who qualify as Consumers: This Clause does not limit or exclude any mandatory statutory rights or remedies available to Consumers, including the right to a proportionate price reduction or refund for periods during which the Services were not provided or did not conform to the Agreement.

      9. Third-party use of the Customer's Services

         The Operator shall not be liable to the Customer or any third party for any loss or damage arising from the use of the Customer's Services by third parties (including the Customer's end users, employees, contractors or any person to whom the Customer has granted access), except where such loss or damage is directly and solely caused by a breach of this Agreement by the Operator or by the Operator's gross negligence or wilful misconduct.

      10. Ownership of Customer data

          All data created, uploaded or stored by the Customer within the Operator's applications, servers and infrastructure remains the property of the Customer or the relevant rights holder. The Operator does not claim any ownership rights over any content, data or materials stored within the Customer's allocated server space or applications. This Clause is without prejudice to the Operator's rights and obligations under the Privacy Policy, the Agreement and applicable data protection law.

      11. Liability for loss or damage to Customer data

          1. Except as provided in Clause 6.1.12, and subject to the aggregate liability cap in Clause 6.1.6, the Operator shall not be liable for any loss, corruption or damage to the Customer's data, howsoever caused, unless such loss, corruption or damage is directly caused by:

             • the Operator's gross negligence or wilful misconduct; or

             • a material breach by the Operator of its obligations under this Agreement which the Operator has failed to remedy within a reasonable time after written notification by the Customer.

          2. For Customers who qualify as Consumers: This Clause 6.1.11 does not limit or exclude any mandatory statutory rights or remedies available to Consumers under applicable consumer protection law, including remedies for non-conformity of the Services.

      12. Data recovery assistance

          In the event of loss of or damage to the Customer's data caused by a failure in the Operator's systems or infrastructure that is attributable to the Operator, the Operator will use reasonable commercial efforts to assist the Customer with restoring the Customer's data from any backups that may be available in the Operator's systems. Such assistance is provided on a best-efforts basis only; the Operator does not guarantee that any backup exists, that it contains data at a specific point in time, or that recovery will be successful.

          Notwithstanding any assistance provided by the Operator, the Customer remains solely responsible for maintaining adequate, secure and up-to-date backup copies of all data stored or processed using the Services, in accordance with Clause 6.2.4 of these Terms and Conditions and Section 6.4 of the Agreement.

      13. Services provided "as is"

          Subject to Clause 6.1.13.1, the Services are provided on an "as is" and "as available" basis. The Operator does not warrant or represent that the Services will be uninterrupted, error-free or free from security vulnerabilities. Except for the warranties expressly set out in this Agreement, these Terms and Conditions, the applicable Service description or any applicable Service Level Agreement, the Operator disclaims all other warranties, whether express, implied, statutory or otherwise, to the maximum extent permitted by applicable law.

          1. For Customers who qualify as Consumers: This Clause 6.1.13 does not limit or exclude any mandatory statutory rights relating to the conformity of the Services with the Agreement, the applicable Service description and applicable mandatory consumer protection law, including but not limited to the rights and remedies available under Directive (EU) 2019/770 and the Estonian Law of Obligations Act. Consumers are entitled to Services that conform to the Agreement and possess the qualities that the Consumer may reasonably expect based on the nature of the Services and any public statements made by the Operator.

      14. Customer's own breach

          The Operator shall not be liable for any loss or damage suffered by the Customer to the extent that such loss or damage arises out of or in connection with:

          • any breach of this Agreement or the Terms and Conditions by the Customer;

          • any act, omission, misrepresentation, error or negligence of the Customer or any person acting on the Customer's behalf; or

          • the Customer's failure to comply with the Customer's obligations under this Agreement, these Terms and Conditions or the applicable Service description, including the obligation to maintain adequate backups under Clause 6.2.4.

      15. Exclusion of indirect and consequential loss

          Subject to Clause 6.1.6.2 and Clause 6.1.19, and except to the extent that liability cannot be limited or excluded under mandatory applicable law, the Operator shall not be liable for any indirect, special or consequential loss or damage, including but not limited to:

          • loss of profit, revenue or anticipated savings;

          • loss of goodwill or reputation;

          • loss or corruption of data (except as expressly provided in Clauses 6.1.11 and 6.1.12);

          • wasted management time or resources;

          • loss of contracts, business or business opportunity; or

          • any liability the Customer incurs to any third party,

          in each case howsoever arising and whether or not the Operator was advised of the possibility of such loss.

          For Customers who qualify as Consumers: This Clause 6.1.15 does not limit or exclude any mandatory statutory rights or remedies available to Consumers under applicable consumer protection law.

      16. Force majeure

          The Operator shall not be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond the Operator's reasonable control (a "Force Majeure Event"), including but not limited to:

          • natural disasters, fire, flood, earthquake, storm or extreme weather conditions;

          • war, armed conflict, terrorism, riot, civil commotion or sabotage;

          • epidemic, pandemic or public health emergency;

          • strike, lock-out or other industrial action (whether or not involving the Operator's own employees);

          • acts, orders, regulations or restrictions of any governmental or regulatory authority;

          • failure or interruption of utility services (including electricity, telecommunications or internet connectivity) that is not attributable to the Operator;

          • failure, shortage or unavailability of equipment, facilities or services provided by third parties (including data centre operators, upstream providers and telecommunications carriers); or

          • any other event or circumstance beyond the Operator's reasonable control.

          The Operator shall notify the Customer of a Force Majeure Event as soon as reasonably practicable and shall use reasonable endeavours to mitigate its effects. The time for performance of the affected obligations shall be extended by a period equal to the duration of the Force Majeure Event. Either Party may terminate the affected Services in accordance with the termination provisions of the Agreement if the Force Majeure Event continues for more than thirty (30) consecutive calendar days.

      17. Power and infrastructure failures

          In the event of an interruption or failure of electrical power, back-up power or other utility services serving the Operator's infrastructure, the Operator will use commercially reasonable efforts to restore the affected Services as soon as reasonably practicable. Where restoration is not immediately possible, the Operator may, at its discretion, provide reasonably equivalent substitute Services.

      18. Third-party infrastructure

          The Customer acknowledges and agrees that certain utility systems serving the data centre and infrastructure (including electrical systems, back-up generators, heating, ventilation, air-conditioning and telecommunications facilities) may be owned, operated or maintained by third parties from whom the Operator leases or procures infrastructure. Such systems are not within the Operator's direct control, and the Operator shall not be liable for any failure, interruption or degradation of the Services to the extent caused by the acts or omissions of such third parties, provided that the Operator has exercised reasonable care in selecting and, where applicable, monitoring such third-party providers.

      19. Non-excludable liability

          Nothing in this Agreement or these Terms and Conditions shall limit or exclude the Operator's liability for:

          • death or personal injury caused by the Operator's negligence or that of its employees, agents or subcontractors;

          • fraud or fraudulent misrepresentation by the Operator;

          • any liability arising under Regulation (EU) 2016/679 (GDPR), the Estonian Law of Obligations Act or other mandatory provisions of applicable law to the extent that such liability cannot be limited or excluded by contract; or

          • any other liability that cannot be limited or excluded under mandatory applicable law.

   2. Responsibility of the Customer

      1. The Customer shall provide the Operator with complete, accurate and up-to-date information at all times. The Customer shall notify the Operator of any changes to such information without undue delay and in any event within seven (7) calendar days, in accordance with Clause 4.2(g) of the Agreement.

         If the Operator has reasonable grounds to believe that any information provided by the Customer is materially inaccurate, incomplete, outdated or false, the Operator may suspend or restrict access to the Services in accordance with the procedure set out in Clause 2.4 of these Terms and Conditions and Clause 4.3 of the Agreement. For Customers who qualify as Consumers, the Operator shall provide reasonable notice and an opportunity to rectify the information before suspension takes effect, except where immediate action is required to prevent fraud, abuse, harm to third parties or non-compliance with applicable law (including KYC/AML obligations).

      2. The Customer shall maintain valid contact details and, where applicable, a valid payment method throughout the term of the Agreement. If the Customer's contact details or payment method become invalid or cannot reasonably be used by the Operator to contact the Customer or collect payment when due, the Operator may suspend or restrict access to the Customer's account in accordance with Clause 2.4 of these Terms and Conditions, provided that the Customer has been notified and given a reasonable opportunity to update such information, unless immediate action is required to prevent fraud, abuse or non-payment.

      3. The Services are provided for the Customer's own use. If the Customer resells, sublicenses or otherwise provides access to the Services to third parties, the Customer remains responsible for ensuring that such third parties comply with the Agreement and these Terms and Conditions, and for their use of the Services as if it were the Customer's own use.

         For Customers who do not qualify as Consumers (Business Customers), the Customer shall indemnify and hold the Operator harmless against direct losses and reasonable expenses (including reasonable legal fees) actually incurred by the Operator as a result of a breach of the Agreement by such third parties, except to the extent that such losses or expenses arise from the Operator's own fault, intentional misconduct or liability that cannot be limited or excluded under applicable law.

         For Customers who qualify as Consumers, the Customer shall be liable for direct damages caused to the Operator as a result of breaches by third parties to whom the Consumer has provided access, to the extent that such damages arise from the Consumer's own fault or negligence and only to the extent permitted by mandatory consumer protection law. This Clause does not require the Consumer to bear liability that would be contrary to mandatory consumer protection law.

      4. The Customer is solely responsible for maintaining adequate, secure and up-to-date backup copies of all data that the Customer uploads, stores or processes using the Services. The Operator does not guarantee the availability, integrity or completeness of any backup copies and shall not be liable for data loss except as expressly provided in Clauses 6.1.11 and 6.1.12 of these Terms and Conditions, in the Agreement, in any applicable Service Level Agreement, or where such liability cannot be limited or excluded under Clause 6.1.19 of these Terms and Conditions or mandatory applicable law.

      5. The Customer warrants that the Customer's content, data and use of the Services do not infringe any intellectual property rights of third parties. The Customer shall indemnify the Operator against direct damages, losses and reasonable expenses (including reasonable legal fees) actually incurred by the Operator as a result of third-party claims of intellectual property infringement arising from the Customer's content, data or use of the Services, to the extent that such claims arise from the Customer's breach of the Agreement or applicable law.

         For Customers who qualify as Consumers, this indemnity applies only to the extent permitted by mandatory consumer protection law and only where the infringement results from the Consumer's intentional act, gross negligence or knowing use of infringing material.

      6. The Customer is responsible for maintaining the security and confidentiality of all passwords and access credentials associated with the Customer's account. The Customer shall follow accepted security best practices, including using strong passwords and changing them regularly, especially where the Customer suspects or becomes aware of any compromise. To the extent permitted by applicable law, the Operator is not liable for any data loss, security compromise or unauthorised access arising solely from the Customer's failure to secure access credentials or from the Customer voluntarily granting access to third parties, except where such liability cannot be limited or excluded under Clause 6.1.19 of these Terms and Conditions or mandatory applicable law.

      7. The Customer is responsible for all activities carried out through the Customer's account using the Customer's access credentials, including activities carried out by persons to whom the Customer has granted access, except where such access resulted from a security breach on the Operator's side or from circumstances outside the Customer's reasonable control and without the Customer's fault, provided that the Customer has notified the Operator without undue delay of the suspected compromise and the Operator has had a reasonable opportunity to act on such notification.

      8. The Customer shall, and shall ensure that its end users, use the Services only for lawful purposes and in compliance with the Agreement, these Terms and Conditions and all applicable laws and regulations.

      9. The Customer shall refrain from any use of the Services that:

         • materially and adversely damages the Operator's legitimate business interests, Infrastructure or reputation; or

         • constitutes a breach of the Agreement or applicable law and, as a direct result, subjects, or is reasonably likely to subject, the Operator to legal proceedings, regulatory action or substantiated third-party claims.

      10. Prohibited Activities

          The following activities are strictly prohibited when using the Services. This list is not exhaustive; the Operator may take action against any activity that violates the Agreement, applicable law or poses a material risk to the Operator's infrastructure, other customers or third parties.

          1. Terrorism, including any activities prohibited under Regulation (EU) 2021/784, Directive (EU) 2017/541 or equivalent applicable laws.

          2. Any activities associated with direct or indirect participation in, support for, or facilitation of armed conflicts, military operations or paramilitary activities.

          3. Threats of violence, harassment, stalking or any conduct intended to intimidate, harm or coerce any person.

          4. Violation of applicable export control laws, sanctions or embargoes in relation to software, technical information or other controlled items.

          5. Use, transmission, storage or distribution of any material that infringes the intellectual property rights of third parties without proper authorisation.

          6. Manufacture, use, distribution or promotion of counterfeit, pirated or otherwise illegal software, products or services.

          7. Operating schemes that compensate end users based on download volume where there are reasonable grounds to believe that such activity facilitates copyright infringement or other illegal distribution.

          8. Storing, creating, forging, altering or distributing identity documents, personal photographs or other personal information of third parties without the explicit, informed consent of the data subject or another valid legal basis under applicable data protection law.

          9. Collecting, storing, processing or validating personal data of third parties (including email addresses, telephone numbers, payment credentials, social media accounts or other identifiers) without a valid legal basis under applicable data protection law.

          10. Creating accounts, profiles or registrations on third-party platforms, or taking other actions on behalf of any person, without that person's explicit consent.

          11. Fraudulent misrepresentation of products, services, identity or affiliation.

          12. Spamming, phishing, network scanning, denial-of-service attacks (DoS, DDoS, DRDoS) or any other activity intended to disrupt, degrade or gain unauthorised access to systems or networks.

          13. Hosting, storing, transmitting or distributing child sexual abuse material (CSAM) or any other material depicting the sexual exploitation or abuse of minors.

          14. Hosting, storing, transmitting or distributing material depicting animal abuse or bestiality.

          15. Trafficking in human beings, illicit trafficking in weapons, money laundering or financing of terrorism.

          16. Distribution, sale or promotion of controlled substances, narcotics or illegal drugs, including the creation of platforms or marketplaces for such purposes.

          17. Hosting, storing or distributing hacking tools, carding tools, exploit kits, malware or any software, scripts, databases or instructional materials designed for unauthorised access to systems, data or accounts.

          18. Unauthorised access to, or tampering with, computer systems, networks, accounts or infrastructure components, whether belonging to the Operator, other customers or third parties.

          19. Unauthorised network scanning, vulnerability scanning or penetration testing. Authorised security testing requires prior written consent from the Operator and from any affected third parties.

          20. Any activity that results in, or is reasonably likely to result in, the placement of the Customer's IP addresses or the Operator's IP addresses or infrastructure on third-party blacklists, blocklists or filtering systems.

          21. Use of anonymisation tools (such as VPNs, Tor or proxy services) for the purpose of concealing the Customer's identity in connection with any violation of the Agreement or applicable law, or for the purpose of evading the Operator's fraud prevention, KYC, AML, sanctions screening or abuse detection measures. This Clause does not prohibit the Customer's general use of privacy-enhancing tools for legitimate purposes unrelated to the commission of violations and without preventing the Operator from complying with its legal obligations.

          22. Defamatory content that is manifestly unlawful under the applicable law of the jurisdiction where the affected person is located.

      11. Resource-Intensive Applications

          To maintain network performance, stability and fair resource allocation for all Customers, the following types of applications are not permitted on standard shared or virtual server plans unless explicitly authorised in the applicable Service description or in a separate written agreement:

          • cryptocurrency mining, mining pools, persistent node operation or similar resource-intensive cryptocurrency processing applications;

          • continuous live video streaming or broadcasting or similar resource-intensive streaming services.

          The Operator may suspend or restrict Services where such applications are detected, after providing the Customer with notice and a reasonable opportunity to remove or disable the application, except where immediate action is required to prevent degradation of services for other Customers or material harm to the Operator's Infrastructure.

      12. Consequences of Prohibited Activities

          1. Any breach of Clause 6.2.10 shall constitute a material breach of the Agreement. The severity of the breach and the Operator's response shall depend on the nature of the prohibited activity:

             • Critical violations (including but not limited to: terrorism, CSAM, trafficking in human beings, large-scale DDoS attacks, distribution of malware, fraud, serious money laundering): The Operator may immediately suspend or terminate the Services and/or the Agreement without prior notice. Such violations are considered serious and irremediable.

             • Other violations: The Operator shall notify the Customer of the breach and, where the breach is capable of remedy, provide the Customer with a reasonable period to remedy the breach. For Customers who qualify as Consumers, such period shall be not less than seven (7) calendar days, unless a shorter notice period is strictly necessary to prevent ongoing harm, security risks or legal non-compliance. If the Customer fails to remedy the breach within the specified period, the Operator may suspend or terminate the Services and/or the Agreement.

          2. The Operator's rights under this Clause are without prejudice to any other rights or remedies available to the Operator under the Agreement or applicable law, including the right to seek damages or to report violations to competent authorities. To the extent required by applicable law (including, where applicable, the Digital Services Act), the Operator shall provide the Customer with a brief statement of the principal reasons for any suspension, restriction or termination of the Services under this Clause.

          3. For Customers who do not qualify as Consumers (Business Customers): Where the Operator incurs direct, documented costs as a result of a Business Customer's violation of Clause 6.2.10 (including but not limited to costs of investigation, remediation, reasonable legal fees, and compensation paid to third parties), the Business Customer shall reimburse the Operator for such costs. The Operator shall provide the Business Customer with reasonable documentation of the costs incurred.

          4. For Customers who qualify as Consumers: The Operator may claim compensation only for direct damages actually suffered and documented by the Operator as a result of the Consumer's breach, to the extent permitted by mandatory consumer protection law. Fixed contractual penalty amounts do not apply to Consumers.

      13. Blacklist Remediation (Business Customers only)

          If the Operator's IP addresses or infrastructure are placed on third-party blacklists, blocklists or filtering systems as a direct and documented result of a Business Customer's activities in breach of Clause 6.2.10 or Clause 6.2.15, the Business Customer shall reimburse the Operator for the reasonable costs of remediation, subject to the following conditions:

          • The Operator shall notify the Business Customer promptly upon becoming aware of the blacklisting and shall provide evidence that the blacklisting resulted from the Business Customer's activities.

          • The Business Customer shall have the opportunity to contest the attribution or to take remedial action at its own expense within seven (7) calendar days of notification.

          • Remediation costs shall be calculated based on the Operator's actual documented time and expenses, at a rate not exceeding three hundred euros (EUR 300.00) per hour, and shall be capped at a maximum of three thousand euros (EUR 3,000.00) per incident, unless the Business Customer has agreed to a higher cap in writing.

          • This Clause 6.2.13 does not apply to Customers who qualify as Consumers. For Consumers, the Operator may claim compensation only for direct damages actually suffered and documented, in accordance with Clause 6.2.12.4.

      14. The Customer acknowledges that any use of the Services in breach of the Agreement, these Terms and Conditions or applicable law may subject the Customer and/or the Customer's end users to civil and/or criminal liability under the laws of relevant jurisdictions.

      15. Bulk Electronic Communications

          The Customer shall not use the Services to send bulk electronic messages (including email, SMS or other electronic communications) unless:

          • the Customer has obtained explicit, informed consent from each recipient using a verifiable opt-in mechanism, such as double opt-in, or applicable law permits the sending of such messages without prior consent (for example, under the "soft opt-in" exception for existing customer relationships where permitted);

          • each message includes a clear, easily accessible and functioning unsubscribe mechanism; and

          • the Customer honours all unsubscribe requests without undue delay and in any event within forty-eight (48) hours.

          The Customer shall maintain records of consent and unsubscribe requests and shall provide such records to the Operator upon reasonable request. The Customer shall ensure that its bulk messaging practices comply with applicable ePrivacy, anti-spam and telecommunications laws in all relevant jurisdictions.

7. Compliance with Regulation (EU) 2021/784 (Terrorist Content Online)

   1. General

      1. The Operator, in its capacity as a hosting service provider within the meaning of Regulation (EU) 2022/2065 (Digital Services Act), complies with Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (the "TCO Regulation") to the extent applicable to the Services.

      2. In addition to the general prohibitions set out in Clause 6.2.10 of these Terms and Conditions and the Agreement, the Customer must not use the Services for hosting, storing, transmitting, making available, or otherwise disseminating any "terrorist content" within the meaning of Article 2 of the TCO Regulation and Directive (EU) 2017/541 on combating terrorism.

   2. Definition of Terrorist Content

      1. For the purposes of these Terms and Conditions, "terrorist content" has the meaning given to it in Article 2(7) of the TCO Regulation and includes, in particular, any material that:

         • incites or solicits the commission of terrorist offences;

         • solicits or recruits persons to commit or participate in terrorist offences or to join a terrorist group;

         • provides instruction on the making or use of explosives, firearms or other weapons, or on other specific methods or techniques, for the purpose of committing or contributing to a terrorist offence; or

         • glorifies, justifies, or praises terrorist offences or the perpetrators of such offences, where such content may encourage the commission of terrorist offences.

      2. When assessing whether content qualifies as terrorist content, the Operator will take into account the overall context, including any legitimate educational, artistic, journalistic, research or counter-terrorism reporting purposes, in accordance with Article 1(3) of the TCO Regulation and the principles of necessity and proportionality, and with due regard to fundamental rights, including freedom of expression and information.

   3. Prohibition and Removal of Terrorist Content

      1. The Customer is strictly prohibited from uploading, storing, processing, transmitting or otherwise making available any terrorist content by using the Services.

      2. The Operator reserves the right to remove or disable access to any content without prior notice where the Operator:

         • reasonably considers, following an assessment of the content and its context, that the content constitutes terrorist content; and/or

         • is required to do so pursuant to a valid removal order issued by a competent authority of a Member State of the European Union in accordance with the TCO Regulation, within the time limits prescribed by applicable law (including, where applicable, the one-hour deadline under Article 3(3) of the TCO Regulation).

      3. The Operator may suspend, restrict or terminate the Services, in whole or in part, in accordance with the Agreement and these Terms and Conditions if the Customer breaches this Clause 7, without prejudice to any other rights or remedies of the Operator under the Agreement or applicable law.

      4. Nothing in this Clause 7 prevents the Operator from informing or cooperating with competent authorities where the Operator has a legal obligation to do so or reasonable grounds to suspect the commission of terrorist offences.

   4. Measures for Detection and Moderation

      1. The Operator does not have a general obligation to monitor all information transmitted or stored when providing the Services, in accordance with Article 8 of the TCO Regulation and Article 8 of Regulation (EU) 2022/2065 (Digital Services Act). However, the Operator:

         • acts upon notices and reports received from competent authorities, designated trusted flaggers and other persons or entities; and

         • processes and executes removal orders issued under the TCO Regulation and other binding orders issued under applicable law, within the time limits prescribed therein.

      2. The Operator may implement reasonable and proportionate specific measures to prevent the dissemination and re-upload of terrorist content, including but not limited to:

         • internal review and moderation of content reported as potentially terrorist content;

         • logging and documenting of actions taken in response to removal orders or abuse reports; and

         • cooperation with competent authorities and law enforcement agencies in accordance with applicable law.

   5. Use of Automated Tools

      1. Where appropriate and proportionate, the Operator may use automated tools (such as pattern matching, hash-based detection or other technical means) to assist in identifying content that has previously been removed pursuant to a removal order or to give effect to specific measures under Article 5 of the TCO Regulation.

      2. Where the Operator uses automated tools for its own-initiative measures under Article 5 of the TCO Regulation, any decision to remove or disable access to content will be subject to human oversight and verification before a final decision is taken.

      3. Where the Operator is required to execute a removal order issued by a competent authority under the TCO Regulation, the Operator will comply with the statutory time limits (including the one-hour deadline under Article 3(3) of the TCO Regulation) and may not be able to conduct full human review prior to removal. In such cases, the Customer retains the right to submit a complaint in accordance with Clause 7.7.

      4. The Operator will implement automated tools, where used, in a manner that is proportionate and respects fundamental rights, including freedom of expression and information, as well as data protection requirements under the GDPR and other applicable data protection laws.

   6. Notification of Customers and Retention of Removed Content

      1. Where the Operator removes or disables access to content hosted on the Services on the basis of a removal order issued by a competent authority under the TCO Regulation, or the Operator's own assessment that the content constitutes terrorist content, the Operator will, without undue delay, notify the affected Customer of:

         • the fact that the content has been removed or access to it has been disabled;

         • the principal reasons for such removal or disabling, including the legal or contractual basis relied upon and, where applicable, any reference to the relevant removal order; and

         • the available complaint and redress mechanisms, including the right to submit a complaint under Clause 7.7 and the right to seek judicial remedies.

      2. Where automated tools have been used in detecting or assessing the content, the Operator will indicate this in the notification referred to in Clause 7.6.1, to the extent required by applicable law.

      3. The Operator may withhold notification under Clause 7.6.1 where and for as long as a competent authority has lawfully requested the Operator not to notify the Customer on grounds of public security, the prevention, investigation or prosecution of terrorist offences, or the protection of ongoing investigations, in accordance with Article 11(2) of the TCO Regulation.

      4. The Operator will retain the removed or disabled content and related data (including logs, timestamps, and identifiers necessary to comply with the TCO Regulation) for a period of six (6) months from the date of removal or disabling, or for such longer period as may be specifically requested by a competent authority or court. The processing of such data is carried out in accordance with the Operator's Privacy Policy and on the legal basis of compliance with a legal obligation under Article 6(1)(c) of the GDPR.

      5. Access to retained content and data under Clause 7.6.4 will be strictly limited to:

         • competent authorities and courts acting within their legal powers; and

         • a limited number of authorised employees or contractors of the Operator who require access strictly for the purposes of:

           • executing and documenting removal orders and other legal requests;

           • handling complaints submitted by Customers in accordance with Clause 7.7; or

           • complying with statutory obligations under applicable law.

   7. Complaints Mechanism

      1. If the Customer considers that content has been wrongly removed or access to it wrongly disabled on the basis of the TCO Regulation or this Clause 7, the Customer may submit a complaint to the Operator in accordance with Article 10 of the TCO Regulation and any applicable provisions of the Digital Services Act.

      2. Complaints must be submitted through the Ticket System in the Client Area or by any other electronic means expressly designated by the Operator for this purpose. The complaint must include:

         • identification of the removed or disabled content (for example, URL, file path, service ID or IP address);

         • the date on which the Customer became aware of the removal or disabling; and

         • a brief explanation of why, in the Customer's view, the content does not constitute terrorist content or should not have been removed or disabled, including, where applicable, an explanation of any educational, journalistic, artistic, research or counter-terrorism reporting purpose.

      3. The Operator will review the complaint without undue delay and will communicate a reasoned decision to the Customer within fourteen (14) calendar days from receipt of a complete complaint, unless a different statutory period applies or the complaint is particularly complex and the Customer is informed of the need for a reasonable extension.

      4. If the complaint is upheld, the Operator will promptly reinstate the content and/or restore access to it, unless the Operator is legally prevented from doing so by a competent authority, court or applicable law.

      5. The decision on the complaint will be communicated to the Customer on a durable medium, together with a brief explanation of the reasoning, an indication of whether automated tools played a role in the decision (where applicable), and information on any further remedies available to the Customer under applicable law, including the right to seek judicial review. Nothing in this Clause 7.7 limits the Customer's right to seek judicial remedies before the competent courts at any time.

   8. No Waiver of Other Rights

      1. This Clause 7 is without prejudice to:

         • any other rights of the Operator to suspend, restrict or terminate the Services under the Agreement and these Terms and Conditions, including in respect of content that violates Clause 6.2.10 but does not constitute terrorist content within the meaning of the TCO Regulation;

         • any obligations of the Operator to retain data or cooperate with competent authorities under other applicable laws, including Regulation (EU) 2022/2065 (Digital Services Act), the GDPR and applicable criminal procedure laws; and

         • any rights of the Customer under the Agreement, these Terms and Conditions or applicable law, including any mandatory statutory rights of Customers who qualify as Consumers under applicable consumer protection law.

8. Investigations and Enforcement

   1. The Operator may conduct investigations and take enforcement measures in accordance with Clause 4.3 of the Agreement and this Section 8. Any access to the Customer's data, content or resources for investigation purposes shall be carried out in accordance with Clause 4.3(d) of the Agreement, these Terms and Conditions, the Privacy Policy and applicable data protection, e-privacy and communications secrecy laws. Nothing in this Section 8 shall be construed as imposing on the Operator a general obligation to monitor information which it transmits or stores.

      For Customers who qualify as Consumers, the Operator shall not access the content of data stored by such Customers except where this is:

      • strictly necessary for the purposes and on the legal bases set out in Clause 4.3(d) of the Agreement; and

      • permitted or required by applicable law.

   2. The Operator may initiate an investigation where it has reasonable grounds to suspect:

      • a violation of the Agreement, these Terms and Conditions, the KYC Customer Verification Policy or applicable law;

      • a security risk to the Operator's infrastructure, the Services, other customers or third parties; or

      • upon receipt of a valid and binding request or order from a competent authority.

   3. As part of an investigation, the Operator may, acting reasonably and proportionately:

      • gather and review information relating to the Customer's use of the Services, including relevant logs and metadata;

      • request information, documents or explanations from the Customer or from a complaining third party; and/or

      • review and analyse the Customer's Services, content and traffic data to the extent necessary for the purposes referred to in Clause 8.2.

      The Customer shall cooperate with the Operator in any such investigation by providing requested information and reasonable assistance to the extent permitted under applicable law and without prejudice to any statutory rights of the Customer (including rights against self-incrimination and any applicable professional secrecy obligations). Failure to provide such cooperation may result in suspension or termination of the Services in accordance with Clause 2.4 and Section 6.2 (including Clauses 6.2.11–6.2.12) of these Terms and Conditions and Clause 4.3 of the Agreement.

   4. The Operator may disclose the Customer's information to third parties only where:

      • required by applicable law or a binding order of a competent authority;

      • necessary to comply with a valid legal process (such as a court order, subpoena or warrant);

      • necessary to establish, exercise or defend legal claims of the Operator or a third party, where permitted by law; or

      • with the Customer's prior consent.

      Where permitted by law and where disclosure is not prohibited by the relevant authority, the Operator shall notify the Customer of such disclosure as soon as reasonably practicable. Further details on data disclosure are set out in the Privacy Policy.

   5. Where the Operator determines, following an investigation or upon receipt of a valid complaint or order, that the Customer has breached the Agreement, these Terms and Conditions or applicable law, the Operator may take appropriate and proportionate measures, including:

      • issuing a warning or formal notice;

      • requiring the Customer to remove, disable or modify offending content or applications;

      • suspending or restricting the Services in whole or in part;

      • terminating the Services and/or the Agreement; or

      • pursuing legal remedies or notifying competent authorities.

      The Operator shall exercise its rights under this Clause 8.5 in a manner that is proportionate to the severity and nature of the breach and, for Customers who qualify as Consumers, shall provide prior notice and a reasonable opportunity to remedy the breach where reasonably practicable, except where immediate action is required to prevent serious harm or comply with applicable law. Any suspension, restriction or termination under this Clause 8.5 shall be implemented in accordance with Clause 2.4 of these Terms and Conditions and Clause 4.3 of the Agreement.

   6. Nothing in this Section 8 limits:

      • the Customer's rights under the GDPR, the Privacy Policy and other applicable data protection laws, including the right to be informed about data processing and to access, rectify and receive a copy of personal data;

      • the Customer's right to submit a complaint or contest measures taken by the Operator in accordance with Clause 4.4(h) of the Agreement and any applicable internal complaint-handling or notice-and-action mechanisms; or

      • any mandatory statutory rights of Customers who qualify as Consumers under applicable consumer protection law.