These Terms and Conditions govern all agreements, services, and transactions between VibeGAMES B.V. (“VibeGAMES”, “we”, “our”, or “us”) and the customer (“you”, “your”). By placing an order, you acknowledge that you have read, understood, and agreed to these Terms.

1. Ordering and Delivery

• 1. Orders may be placed via our website. Payment is not immediately required but must be completed before service activation.
• 2. Customers may cancel subscriptions at any time. Unless otherwise stated, services are non-binding.
• 3. Delivery times indicated on our website are estimates. Delays may occur due to stock shortages or technical circumstances.
• 4. If a server is out of stock, VibeGAMES will deliver within 8 calendar days. If delivery is not possible within this period, a full refund will be issued.
• 5. Custom orders (including specialised setups or configurations) are non-refundable due to setup costs.
• 6. VibeGAMES will make commercially reasonable efforts to maintain sufficient stock at all times.
• 7. Identity verification: We reserve the right to request identity verification (e.g., government ID, business registration, proof of payment method ownership) for orders flagged by our fraud screening, as a condition of activation or continued service. Orders may be cancelled and refunded if verification cannot be completed within a reasonable period.

2. Compute Services (Game Servers, VPS, and Dedicated Servers)

2.1 Acceptable Use

• 1. You must not use Compute Services for any unlawful purpose, including but not limited to: conducting or facilitating DDoS/DoS attacks; distributing or hosting child sexual abuse material; infringing copyrights or other IP rights; fraud; or any activity prohibited by applicable law.
• 2. Sending spam or unsolicited bulk messages is strictly prohibited.
• 3. Use of Compute Services as anonymising relays, open proxies, exit nodes, or for tunnelling traffic to external networks without our prior written consent is prohibited.
• 4. Cryptocurrency mining is not permitted on any Compute Service.
• 5. Multiple accounts / ban evasion: Creating or using multiple accounts to circumvent suspension or termination, evade outstanding payments, abuse promotional offers, or obscure ownership for the purpose of bypassing these Terms is prohibited and may result in termination of all associated accounts and forfeiture of credits and prepaid balances.
• 6. AI / ML and high-intensity workloads: Sustained AI / ML training or batch inference workloads are only permitted on dedicated single-tenant products or where explicitly advertised. Running such workloads on shared VPS or game-server products falls outside fair use and we may rate-limit, throttle, or suspend the affected service.

2.2 Security, Content, and Compliance

• 1. You are solely responsible for all content, data, and software hosted on your Compute Services and for complying with all applicable laws and third-party licence terms.
• 2. Upon lawful request or if we reasonably believe content or activity is illegal, harmful, or violates these Terms, we may remove content and/or suspend services.
• 3. You are responsible for securing your accounts and systems (e.g., passwords, SSH keys, updates, firewall rules).

2.3 Data and Backups

• 1. VibeGAMES is not liable for data loss. You are responsible for creating and testing your own backups.
• 2. Backups created via our Control Panel (if available for your product) are retained for a maximum of 2 months while the underlying service is active, and then automatically deleted on a rolling basis.
• 3. When a service expires, is cancelled, or is terminated for any reason, all associated data — including any backups, snapshots, configuration, and uploaded files — will be permanently deleted 7 days after expiry / termination. After this window data cannot be recovered.

2.4 Resource Usage and Performance

• 1. VPS (shared resources): CPU, I/O, and outgoing network bandwidth are subject to fair use. Sustained high utilisation that adversely affects other customers or our upstream capacity is not permitted; we may rate-limit, throttle, or request remediation.
• 2. Game Servers: Resource availability may vary by slot size and selected plan. Third-party plugins, scripts, or mods may impact performance; support for such third-party code is not guaranteed.
• 3. Dedicated Servers (single-tenant): While resources are dedicated, network and upstream capacity remain subject to reasonable use and to our network policies.
• 4. We may take protective action to preserve platform stability (e.g., rate-limiting abusive processes, null-routing attack traffic, or applying automated mitigation).

2.5 Network and Abuse Mitigation

• 1. We may temporarily filter, rate-limit, or null-route traffic during attacks or abuse events to protect our network, other customers, and upstreams.
• 2. Recurrent or serious abuse may result in suspension or termination (see 2.7).

2.6 Service Lifecycle (Renewal, Suspension, Deletion)

• 1. If a service is not renewed by the due date, we may suspend it immediately.
• 2. If a service remains unpaid after suspension, we may permanently delete the service and all associated data, including backups, 7 days after expiry, as described in 2.3.3.
• 3. If a product is out of stock at order time, we will deliver within 8 calendar days or issue a full refund if delivery is not possible within that period.

2.7 Suspension and Termination

• 1. We may suspend or terminate Compute Services (with or without notice) for: illegal activity; security risk; material breach of these Terms (including AUP violations); non-payment; or actions that jeopardise platform stability or other customers.
• 2. Illegal activity may result in immediate suspension; refunds are not provided for suspensions or terminations caused by your breach.
• 3. Statement of reasons: Where required by applicable law (including the EU Digital Services Act), we will provide you with a written statement of reasons explaining the decision to suspend, terminate, or restrict your service or remove content, together with information on how to appeal.

2.8 Software and Third-Party Support

• 1. We provide best-effort platform support for our infrastructure only.
• 2. We do not provide support for third-party applications, plugins, scripts, mods, or custom code, though we may offer general guidance at our discretion.
• 3. You are responsible for installation, configuration, and maintenance of any third-party software.

2.9 Service Availability (No SLA)

• 1. Unless an explicit Service Level Agreement is purchased separately or stated in a signed order form, services are provided on a best-effort, “as is” and “as available” basis with no guaranteed uptime. We make no warranties of merchantability, fitness for a particular purpose, or non-infringement beyond those that cannot be excluded under applicable mandatory law.

2.10 Scheduled and Emergency Maintenance

• 1. Customer consent: By placing an order, Customer expressly acknowledges and consents that VibeGAMES needs to perform maintenance on its infrastructure (including hardware, hypervisors, network equipment, control panels, and underlying software) and that such maintenance may temporarily interrupt, degrade, or render unavailable any or all services.
• 2. Scheduled maintenance: Where reasonably possible, VibeGAMES will announce scheduled maintenance windows in advance via our Discord #announcements channel and/or by email. Advance notice is a best-effort courtesy, not a contractual guarantee.
• 3. Emergency maintenance: VibeGAMES may perform emergency maintenance — including but not limited to security patching, hardware replacement, network re-routing, and abuse mitigation — at any time and without prior notice where, in our reasonable judgement, delay would risk platform stability, customer data, or third-party rights.
• 4. No refunds or credits for maintenance downtime: Downtime, degraded performance, data loss, or any other interruption resulting from scheduled or emergency maintenance does not qualify for refunds, service credits, SLA penalties (where no SLA applies), compensation, or any other remedy. Claims arising as a result of maintenance downtime do not hold.
• 5. Backups before maintenance: Customer is responsible for taking their own backups before any announced maintenance window if Customer requires a known-good restore point.

3. Support

• 1. Customers may request support via Discord or email at [email protected].
• 2. The standard (non-SLA) response time is within 24 hours, though responses are often faster.
• 3. Support is limited to services provided by VibeGAMES.
• 4. Support for third-party software is not included.

4. Refunds and Right of Withdrawal

• 1. By placing an order, you agree that refunds are only provided in accordance with this policy.
• 2. Downtime caused by external factors, including customer misconfiguration, does not qualify for refunds.
• 3. Customers must report technical issues via our Discord support channel and allow reasonable time for resolution.
• 4. Refunds will not be issued due to lack of technical knowledge or inability to configure services.
• 5. Approved refunds will be processed within 7 business days.
• 6. Right of Withdrawal (EU Customers): Under the EU Consumer Rights Directive, digital services normally come with a statutory 14-day withdrawal period. By purchasing and activating a service immediately, you expressly waive your right of withdrawal once service delivery begins.
• 7. Refunds must be requested directly via VibeGAMES. Payment disputes — including PayPal disputes, credit card chargebacks, SEPA direct debit reversals, and any equivalent bank dispute mechanism — are not permitted as refund methods.
• 8. If a dispute, chargeback, or reversal is initiated, VibeGAMES may immediately suspend and delete services and any associated data without further notice.
• 9. Dissatisfaction or misuse does not entitle a customer to a chargeback. All issues must be handled via our official support channels.
• 10. Collection costs and statutory interest: If an invoice is not paid by the due date, all outstanding amounts become immediately payable. Customer is liable for statutory commercial interest pursuant to Article 6:119a Dutch Civil Code (or, for consumer customers, statutory interest pursuant to Article 6:119 Dutch Civil Code) and for all extra-judicial collection costs in accordance with the Dutch Decree on Extra-Judicial Collection Costs (BIK), with a minimum of €40.

5. Customer Responsibilities

• 1. Customers are fully responsible for the content they host on our services.
• 2. Illegal content or applications will be removed upon discovery or upon lawful request.
• 3. Customers must ensure compliance with all applicable laws and regulations.

6. Force Majeure

• 1. VibeGAMES is not liable for delays or failures caused by circumstances beyond our control, including but not limited to: natural disasters, war, riots, strikes, fire, flooding, power outages, network disruptions, supplier failures, or cyberattacks (including DDoS).

7. Credit Purchases

• 1. VibeGAMES offers a credit purchase system allowing customers to top up an account balance that can be used to pay for VibeGAMES services. For each €1 purchased, the customer receives 110 credits (€1.10 in-platform value).
• 2. Credits are an in-platform store value only. They are not legal tender, not redeemable for cash, hold no monetary value outside the VibeGAMES platform, and may only be used on the VibeGAMES website for purchasing or renewing services.
• 3. Credits are non-refundable once purchased.
• 4. Self-funding loops, fraudulent top-ups, and credit purchases performed with the sole purpose of circumventing payment-method restrictions or chargeback protections are prohibited and may result in forfeiture of the balance and account termination.

8. Pricing Changes

• 1. We may adjust pricing for recurring services (including renewals) by giving the customer at least 30 days' notice before the next renewal period, via email to the address on file or via our Discord #announcements channel.
• 2. Continued use of the service after the price change takes effect constitutes acceptance of the new price. If the customer does not accept the new price, the customer may cancel the service before the next renewal at no additional cost beyond the current term.
• 3. Promotional or introductory pricing applies only to the period explicitly stated; standard pricing applies on renewal unless we expressly state otherwise.

9. Liability and Indemnification

• 1. Liability cap: To the maximum extent permitted by applicable law, VibeGAMES' total aggregate liability arising under or in connection with these Terms, the services, or any related contract (regardless of the legal basis of the claim) shall not exceed the total fees paid by the customer to VibeGAMES in the three (3) months immediately preceding the event giving rise to the claim.
• 2. Excluded damages: To the maximum extent permitted by applicable law, VibeGAMES is not liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, lost goodwill, lost data, business interruption, or procurement of substitute services, even if VibeGAMES has been advised of the possibility of such damages.
• 3. Mandatory law carve-out: Nothing in this section limits or excludes liability that cannot be limited or excluded under applicable mandatory law, including liability for intentional misconduct or gross negligence.
• 4. Indemnification: Customer shall defend, indemnify, and hold harmless VibeGAMES, its officers, employees, and agents from and against any third-party claims, demands, damages, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) Customer's use of the services; (b) any content or data hosted on the services by Customer or its end users; (c) Customer's breach of these Terms; or (d) Customer's violation of any law or third-party right.

10. Notice and Action — Illegal Content (Digital Services Act)

• 1. Reporting illegal content: Any person can notify VibeGAMES of content hosted on our services that they consider illegal by emailing [email protected]. Notices should include: the precise location of the content (URL, IP address, or service identifier), an explanation of why the content is considered illegal, the notifier's name and contact details (except where the content concerns offences listed in Articles 3 to 7 of Directive 2011/93/EU), and a good-faith statement that the information is accurate.
• 2. Action and statement of reasons: VibeGAMES will assess valid notices in a timely, diligent, non-arbitrary, and objective manner. Where we decide to restrict access to, remove, suspend, or terminate the visibility or service of the content, we will provide the affected customer with a statement of reasons explaining the decision and information on available redress mechanisms.
• 3. Out-of-court dispute settlement: Customers whose content or service has been restricted may submit a complaint to a certified out-of-court dispute settlement body in accordance with Article 21 of Regulation (EU) 2022/2065 (Digital Services Act). This does not affect the right to bring a claim before a competent court.
• 4. Single point of contact: For communications from Member State authorities, the European Commission, and the European Board for Digital Services: [email protected]. For communications from recipients of the service: [email protected]. Working language: English.
• 5. Misuse: VibeGAMES may suspend processing of notices and complaints from individuals or entities that frequently submit manifestly unfounded notices or complaints, after issuing a prior warning.

11. Sanctions and Anti-Money-Laundering

• 1. Customer warrants that neither Customer nor any person who owns or controls Customer, nor any end user permitted to use the services, is listed on any sanctions or restricted-party list maintained by the European Union, the United Nations, the United States Office of Foreign Assets Control (OFAC), the United Kingdom, or any other applicable authority.
• 2. Customer will not use the services in or for the benefit of any country or region subject to comprehensive sanctions, or in violation of any applicable export-control, anti-money-laundering, or counter-terrorism law.
• 3. VibeGAMES may refuse, suspend, or terminate services and freeze customer funds where required by applicable law.

12. Data Protection (GDPR Compliance)

• 1. Data Collection: VibeGAMES collects personal data necessary to provide services (e.g., name, email, payment details, IP addresses, and usage logs).
• 2. Legal Basis: Data is processed under Article 6 GDPR (performance of contract, legal obligations, and legitimate interests).
• 3. Data Use: Personal data is used for service delivery, billing, security, and customer support.
• 4. Third Parties: Data may be shared with payment processors, infrastructure providers, or legal authorities when strictly necessary. We do not sell personal data.
• 5. Storage Duration: Data is retained only as long as necessary for service provision, legal compliance, or legitimate business interests. Backups and service data are deleted automatically after the retention periods set out in Section 2.3.
• 6. Customer Rights: Under GDPR, you have the right to access, rectify, erase, restrict, or object to processing of your personal data, as well as the right to data portability.
• 7. Data Requests: To exercise these rights, contact us at [email protected].
• 8. Security: We implement reasonable technical and organisational measures to protect personal data against unauthorised access, loss, or misuse.
• 9. Supervisory Authority: Customers in the EU have the right to lodge complaints with their national Data Protection Authority (Autoriteit Persoonsgegevens in The Netherlands).

13. Changes to Terms

• 1. VibeGAMES may update these Terms at any time.
• 2. Changes will be communicated via our Discord #announcements channel and, for material changes, by email to the address on file.
• 3. Continued use of services after changes take effect constitutes acceptance of the revised Terms.

14. General Provisions

• 1. Severability: If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a competent court, the remaining provisions remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the original economic intent.
• 2. Entire agreement: These Terms, together with any order forms, product-specific addenda, or signed agreements, constitute the entire agreement between the parties and supersede all prior agreements, communications, or representations, whether written or oral.
• 3. No waiver: Failure by VibeGAMES to enforce any provision of these Terms on any occasion does not constitute a waiver of our right to enforce that provision or any other provision on any subsequent occasion.
• 4. Assignment: Customer may not assign or transfer any rights or obligations under these Terms without our prior written consent. VibeGAMES may assign these Terms in whole or in part — including, but not limited to, in connection with a merger, acquisition, reorganisation, or sale of assets — without consent.
• 5. Notices: Notices to VibeGAMES must be sent to [email protected]. Notices to Customer will be sent to the email address on file and are deemed delivered on the day of sending. Customer is responsible for keeping their contact details current.
• 6. Language: These Terms are drafted in English. Translations are provided for convenience only; in case of any conflict or discrepancy, the English version prevails.

15. Governing Law and Jurisdiction

• 1. These Terms are governed by the laws of The Netherlands.
• 2. Any disputes will be submitted to the competent courts of The Netherlands, unless mandatory consumer protection laws provide otherwise.
• 3. EU-based consumers may also submit disputes via the Online Dispute Resolution (ODR) Platform of the European Commission.