Terms of Service

1. Definitions#

• 1.1.Agreement — This Terms of Service Agreement, including all schedules, amendments, and incorporated policies
• 1.2.Company — Senko Digital LLC, a company registered in Georgia, providing hosting, domain registration, and technical support services
• 1.3.Client — An individual or legal entity that has accepted this Agreement and uses the Company's services
• 1.4.Services — All hosting, cloud computing, domain registration, and related technical services provided by the Company
• 1.5.Client Area — The Company's online client portal accessible through the Company's website
• 1.6.Service Level Agreement — The service level commitments and uptime guarantees as specified in Section 9 of this Agreement
• 1.7.Acceptable Use Policy (AUP) — The Company's policy setting out prohibited content and activities, which forms an integral part of this Agreement
• 1.8.Privacy Policy — The Company's policy describing how it collects, uses, stores, and protects personal data, which forms an integral part of this Agreement
• 1.9.Recurring Payment Policy — The Company's Recurring Payment Agreement, which governs automatic recurring charges for the Services and forms an integral part of this Agreement
• 1.10.Tariff (Plan) — A specific service package offered by the Company with defined specifications, resources, and pricing, as described on the Company's website
• 1.11.Content — Any data, files, software, websites, applications, or other materials that the Client uploads to, stores on, or transmits through the Services
• 1.12.Consumer — A natural person who enters into this Agreement for purposes wholly or mainly outside that person's trade, business, craft, or profession
• 1.13.Business Client (B2B) — A Client that is not a Consumer, including any natural or legal person acting for purposes relating to its trade, business, craft, or profession
• 1.14.Personal Data — Any information relating to an identified or identifiable natural person, as defined in Regulation (EU) 2016/679 (GDPR) and the Law of Georgia on Personal Data Protection
• 1.15.Business Day — Any day other than a Saturday, Sunday, or public holiday in Georgia
• 1.16.Term — The period during which this Agreement remains in force, beginning on the Client's acceptance and continuing until it is terminated in accordance with its provisions

2. General Provisions#

• 2.1.This Agreement, together with the Privacy Policy and any service-specific terms, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements, understandings, and communications, whether written or oral.
• 2.2.Changes to this Agreement and to the policies incorporated into it. This Section states the single procedure by which the Company may amend this Agreement, the Privacy Policy, the Acceptable Use Policy, or the Recurring Payment Policy; wherever any of those documents refers to a change of terms, it refers to this procedure.
  • (a) Acceptance: when any of those documents is updated, the Client is prompted to review the updated version and to accept it expressly, by activating a confirmation checkbox in the Client Area, before continuing to use the Services. Activating that checkbox records the Client's acceptance and constitutes the Client's express consent to be bound by the amended document, forming a binding agreement under applicable electronic commerce legislation.
  • (b) An amended document does not bind the Client until the Client has accepted it in that way, and continued use of the Services, by itself, never constitutes acceptance of a change.
  • (c) If the Client does not accept the amended document, the Client may terminate this Agreement and request deletion of their account, and any amounts prepaid for unused, undelivered service periods will be refunded in accordance with the Refunds Policy.
  • (d) Non-material changes — such as the correction of typographical errors, or clarifications that neither reduce the Client's rights nor increase the Client's obligations — may be made without re-acceptance.
  • (e) A change to the price of a recurring subscription is subject, in addition to this procedure, to the advance notice required by Section 3.16.
• 2.3.This Agreement is concluded in English. The English version is the sole authoritative and legally binding version of this Agreement. Versions in other languages are provided solely for the Client's convenience and do not reflect the actual contract concluded between the Company and the Client. In case of any discrepancy, the English version prevails. The current Agreement may be reviewed at any time through the Client Area.
• 2.4.Section headings are for convenience only and shall not affect the interpretation of this Agreement.
• 2.5.If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
• 2.6.The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision. Any waiver must be in writing and signed by the party granting the waiver.
• 2.7.Sections relating to payment obligations, liability limitations, intellectual property, dispute resolution, and data protection shall survive termination of this Agreement.
• 2.8.Nothing in this Agreement excludes or limits rights that consumers have under applicable consumer protection laws, including but not limited to the right to statutory remedies, reasonable care and skill in service provision, and access to local courts or consumer protection authorities. Where any provision of this Agreement conflicts with mandatory consumer protections, the consumer protections shall prevail.
• 2.9.All communications with the Company — including technical support, billing inquiries, and formal notices under this Agreement — are conducted in English, unless the parties expressly agree otherwise. Support requests submitted in other languages may not receive a response or may experience significant delays. It is the Client's responsibility to ensure their contact email address is current and able to receive notifications from the Company.
• 2.10.Accounts and services are non-transferable by default. The Client may not sell, assign, or transfer their account or any services to another party without the Company's prior written consent. Service transfers between accounts may be requested by submitting a support ticket from both the originating and receiving accounts, stating the reason for the transfer. The Company will review and approve or deny such requests at its discretion.
• 2.11.Where the Company processes personal data on the Client’s behalf, the processing terms required by Article 28 of the GDPR and Article 36 of the Law of Georgia on Personal Data Protection are set out in Schedule 1 (Data Processing) to this Agreement. Schedule 1 forms part of this Agreement, is accepted by the Client when the Client accepts this Agreement, and applies automatically without any separate request or signature. Clients who additionally require a separately executed Data Processing Agreement may request one by contacting support; where such an agreement is executed, it prevails over Schedule 1.

3. Payment Terms#

• 3.1.All services are provided on a 100% prepayment basis. Services will not be activated until payment is received and confirmed. Payment is considered confirmed upon receipt of funds by the Company or its payment processor.
• 3.1A.Services are sold on a prepaid basis for a fixed term (the billing cycle). The Company does not impose any mandatory recurring commitment: after a term ends, a Service continues only if it is renewed, and the Client is never obliged to keep paying to exit.
  • (a) Automatic renewal. Automatic renewal is offered as an option in the order form at the time of purchase and is enabled by default. The Client may disable it at that point, or at any later time in the Service's settings in the Client Area, with no cancellation fee and no notice period. Where automatic renewal is active, the Company charges the applicable payment method for the next term shortly before expiry, after sending the reminders described in Section 3.7. Once automatic renewal is disabled, the Service expires at the end of the current paid term.
  • (b) Manual renewal. Where automatic renewal is not active, the Service expires at the end of the paid term unless the Client actively places a renewal payment. No charge is made without a new payment action by the Client.
  • (c) Payment source. The Client controls which payment method is used for renewal. By default, renewal is charged to the Client Area account balance, or to the payment method the Client linked to the account when enabling automatic renewal at ordering, or to another auto-renewal-capable method the Client has since designated. The Client may change the designated method at any time in the Client Area.
  • (d) Cancellation (ending a Service). No notice is required to end a Service. The Client may cancel a Service at any time, at their sole discretion, by selecting delete on the Service in the Client Area; the Service is then marked "Planned for deletion" and is automatically removed at the end of its current paid term. The Client may reverse this at any time before term-end by disabling the option in the Service's settings. Cancellation under this paragraph ends the Service at term-end and does not, by itself, generate a refund.
  For the avoidance of doubt, references in this Agreement to "recurring" or "automatic renewal" charges apply only to Services for which automatic renewal is active. They do not create an ongoing payment obligation for Services renewed manually.
• 3.2.Payments are made via the Client Area and are processed in the currency corresponding to the payment method the Client chooses on the website. Where the Client chooses to pay through Paddle, the available instruments are Visa and Mastercard cards, PayPal, Apple Pay, and Google Pay.
• 3.3.All prices are displayed in the currency selected by the Client. Currency conversion, if applicable, is handled by the payment processor and may be subject to exchange rates and fees.
• 3.4.Prices are exclusive of applicable taxes, duties, or fees unless otherwise stated. For payments not processed through Paddle, the Client is responsible for any taxes, duties, or fees imposed by their jurisdiction. For payments processed through Paddle, applicable value-added, sales, goods and services, or similar taxes are calculated, charged, collected, and remitted by Paddle as merchant of record based on the region or location the Client selects at checkout; the Client must provide accurate location information and, where applicable, a valid business tax identification number.
• 3.5.If payment for services is not made by the due date, services will be suspended immediately upon service expiry.
• 3.6.During the 7-day grace period following payment failure, the Client may renew their service, paying only the standard service renewal price. After 7 days, the expired service and all its data will be permanently deleted.
• 3.7.Where automatic renewal is active and the Client's account balance does not already cover the upcoming renewal, the Company will send the Client renewal reminders by email starting ten (10) days before the service's expiry date and then daily starting five (5) days before expiry, up to and including the expiry date. For services without automatic renewal enabled, expiry reminders are sent daily starting five (5) days before the expiry date. The Client may disable automatic renewals or unlink their payment method at any time through the Client Area. If the Client disables auto-renewal, services will expire at the end of the current billing cycle. No cancellation fees and no notice periods apply to disabling auto-renewal.
• 3.7A.Where automatic renewal is active and the Client's account balance does not cover the renewal, the Company begins attempting to charge the designated payment method three (3) days before the service's expiry date. Attempts are made no more than once per day and, if unsuccessful, continue daily through the grace period described in Section 3.6. The Client will be notified by email after the first failed attempt (not after every retry). Attempts stop as soon as a charge succeeds, if the Client disables automatic renewal or tops up their account balance, when the service is suspended at the end of the grace period, or where a further charge would exceed the maximum monthly auto-payment amount the Client has set — in that case the charge is cancelled and the Client is notified so that they can complete the payment manually.
• 3.8.Plan upgrades are processed automatically and require only the payment of the price difference for the remaining period of the current subscription. Changes are typically implemented within minutes of confirmed payment. No prior notice is required for upgrades as they are processed immediately upon request.
• 3.9.Plan downgrades are not available due to technical restrictions of the underlying infrastructure. If a Client requires a smaller plan, they must order a new service on the desired plan and migrate their data independently. The original service may then be cancelled subject to the Refunds Policy.
• 3.10.Billing errors should be reported within thirty (30) days of the charge via support ticket. The Company will investigate and correct confirmed billing errors within ten (10) business days.
• 3.11.If the Client believes an amount has been charged in error, the Client should first raise the matter with the Company by support ticket. The Company will respond within five (5) business days and will correct and refund any amount it has charged in error within the period set out in Section 3.10. The Company does not suspend or terminate Services merely because a Client has initiated a payment dispute or chargeback, and will not penalise the Client for exercising that right. Where a chargeback reverses a payment for a Service that has been or is being provided, the corresponding invoice simply becomes unpaid, and the Service is then treated in the same way as any other unpaid invoice under Sections 3.5 and 3.6, including the same notice and grace periods. The Company may present evidence to the payment provider in response to a dispute. Nothing in this Section limits the Client's rights against their bank, card issuer, or payment provider.
• 3.12.Where the Client elects to pay through Paddle, the order is processed by Paddle.com Market Ltd, which acts as the merchant of record (authorised reseller) for that transaction and is responsible for billing, invoicing, tax collection, and payment-related support in respect of it. Paddle is used only when the Client selects it in the Client Area; payments made by any other method are processed by the Company or its other payment processors and are not subject to the Paddle-specific provisions of this Agreement.
• 3.13.Payment through Paddle is not available to Clients located in Georgia. Such Clients must use one of the other payment methods offered in the Client Area, and any applicable Georgian taxes are collected by the Company.
• 3.14.For payments processed through Paddle, the charge will appear on the Client's card or bank statement under the fixed Paddle descriptor "PADDLE.NET* SENKODGTL" rather than under the Company's name.
• 3.15.For payments processed through Paddle, Paddle's Buyer Terms and Paddle's Privacy Notice apply to the transaction in addition to this Agreement, and are available at https://paddle.com/legal/checkout-buyer-terms and https://paddle.com/legal/privacy respectively.
• 3.16.The Company may change the price of a recurring subscription. Because a price increase would otherwise take effect through automatic renewal, the Company will give the Client at least thirty (30) days' written notice by email before the new price takes effect; this notice is required in addition to the acceptance procedure in Section 2.2. A price change never applies to a billing period that has already been paid for: it takes effect from the first billing period beginning after the notice period expires. If the Client does not accept the new price, the Client may cancel the subscription at any time before it takes effect, without penalty and without giving reasons, and will receive a refund of any amounts prepaid for service periods not yet delivered. Price reductions and the introduction of discounts may take effect immediately and without notice.
• 3.17.For virtual servers, dedicated servers, game hosting, and web hosting services, billing continues regardless of whether the service is powered on or off. This is because the resources allocated to the Service — vCPU, memory, storage, and IP addresses — remain reserved exclusively for the Client and are unavailable to anyone else for as long as the Service exists, whether or not it is running; the price reflects that reservation rather than actual consumption. Powering a server off therefore does not reduce or pause the charge. To stop being billed, the Client must cancel or delete the Service in the Client Area, as described in Section 7.6, and is responsible for retrieving any data they wish to keep before doing so.

4. Refunds Policy#

Nothing in this Section limits or excludes the mandatory statutory rights of a Consumer, including the right to pursue remedies through the competent consumer-protection authorities. Where the Client is a Consumer, the right of withdrawal in Part A and the statutory conformity rights in Part B apply regardless of anything else in this Section, and Parts C to H operate only to the extent that they do not restrict those rights. This applies throughout this Section and is therefore not repeated in each Part.

A. Consumer right of withdrawal

• 4.1.Where the Client is a Consumer resident in the European Union or Georgia, the Client has the right to withdraw from the distance contract for a Service within fourteen (14) calendar days, without giving any reason. Each order for a Service constitutes a separate contract, and its withdrawal period begins when that contract is concluded; withdrawal from one Service does not affect the Client's other Services. To withdraw, the Consumer submits a support ticket in the Client Area or sends an email to [email protected] stating their decision to withdraw; the Consumer may, but is not required to, use the model withdrawal form. These channels are available continuously throughout the withdrawal period, which does not begin to run until the Company has provided the Consumer with the required information on the right of withdrawal and the means of exercising it. A withdrawal takes effect when the Consumer submits the notice — the Company does not make this conditional on evidence of residence, on any particular form, or on any further step — and the Company acknowledges receipt on a durable medium recording the date. Upon withdrawal, the Consumer pays for the period of Service actually used (Section 4.2) and the Company refunds the remainder to the original payment method within fourteen (14) days of being informed of the withdrawal; this period is not paused by the Company's manual processing or by the time taken to deactivate the Service. The Company may ask a Client about their place of residence where it has genuine doubt that this Part A applies, but such a request does not suspend the withdrawal, delay the refund, or oblige the Client to respond; if it is established that the Client is not a Consumer to whom this Part A applies, any refund is instead considered on a discretionary basis under Part C, with reasons given.
• 4.2.Services are activated immediately upon confirmed payment. By placing an order, the Consumer expressly requests that performance of the Service begin immediately, before the expiry of the withdrawal period; this request is stated to the Consumer in the order flow at the time of purchase. Where the Consumer then withdraws, the Consumer pays an amount proportionate to the Service actually supplied up to the moment of withdrawal, calculated on a pro-rata basis against the full contract price, and the Company refunds the remaining balance.
• 4.3.The Terms accepted at registration and at ordering are a framework of standard terms and are not themselves a withdrawable contract; a contract for a Service is concluded each time the Client places an order, accepts these Terms at the order step, and payment is confirmed, and these Terms are incorporated into it by reference. The right of withdrawal attaches to each such Service contract. Where two or more Services are sold together as a single package for a single price, withdrawal applies to the package as a whole rather than to individual components; where a Service is genuinely ancillary to another (for example, an add-on supplied only in connection with a parent Service), withdrawal from the parent Service also terminates the ancillary Service. Renewal of a Service does not create a new right of withdrawal; the right arises only on the initial conclusion of each Service contract.

B. Statutory conformity rights

• 4.4.Nothing in this Section limits the Consumer's statutory rights where the Services do not conform to the contract. In accordance with Section 10.3A and applicable law (Directives (EU) 2019/770 and 2019/771 and the Law of Georgia on Protection of Consumer Rights), the Company remains liable for a lack of conformity existing at the time of supply and becoming apparent within the statutory period (at least two years). Where a non-conformity cannot be remedied within a reasonable time, the Consumer may be entitled to a price reduction or termination with a corresponding refund.

C. Voluntary and discretionary refunds

• 4.5.Outside the withdrawal window in Part A and the statutory rights in Part B, refunds are not guaranteed and are made at the Company's discretion. Where granted, voluntary refunds are calculated only for full unused months of the Service, excluding partially used months and any period during which the Service was suspended.
• 4.6.Refunds are issued to the Client's original payment method by default. At the Client's request, a refund may instead be credited to the Client Area account balance; the Company does not unilaterally substitute account balance for the original payment method. A refund cannot be redirected to a payment instrument or account other than the one used for the original transaction, except as provided for cryptocurrency in Section 4.13(d). Reimbursement is subject to the technical capabilities of the original method and processor; where that method genuinely cannot receive a refund (for example, closed or expired accounts, or merchant-of-record routing constraints), the Company will agree an alternative with the Client. Cryptocurrency refunds are governed by Section 4.13. For withdrawal refunds under Part A, reimbursement uses the same means of payment as the original transaction unless the Consumer expressly agrees otherwise, at no cost to the Consumer. Refunds are processed within fourteen (14) business days of approval.
• 4.7.The refund amount may be reduced by:
  • (a) payment-processor fees actually incurred;
  • (b) documented and quantifiable losses the Company has actually incurred as a direct result of the Client's breach of this Agreement (for example, charges arising from IP-address blacklisting caused by the Client's activity, abuse-remediation costs, or upstream-provider penalties); and
  • (c) any outstanding amounts the Client owes to the Company.

D. Non-refundable items

• 4.8.The following are non-refundable:
  • (a) software licenses;
  • (b) domain names (pass-through registry/registrar fees);
  • (c) dedicated-server (bare-metal) installation and one-time setup fees;
  • (d) IP-Transit services;
  • (e) BGP session services;
  • (f) any service marked non-refundable at the time of purchase.

E. Third-party and regional restrictions

• 4.9.The Company is not responsible for local or regional restrictions imposed by third parties on the use of the Services (including ISP restrictions, protocol restrictions, or IP-address restrictions), as set out in Section 10.4. Where such a restriction affects a Client, the Company will offer available remedies, including IP-address replacement under Section 9.9. A voluntary refund is not provided where the Company has offered a remedy that would restore access and the Client has declined it.

F. Denial for breach, fraud, or illegal use

• 4.10.The Company may deny a discretionary refund, and may terminate the Services for cause, where the Client has committed a material breach of this Agreement or an unlawful act, including but not limited to spam, phishing, fraud or scam operations, distribution of malware, or other illegal activity. Denial under this clause requires that the breach is material or unlawful and is documented by the Company. Amounts otherwise owing may be reduced under Section 4.7. This clause concerns discretionary refunds under Part C only. It does not affect the refund of amounts prepaid for undelivered service periods required by Sections 4.15 and 7.1, which remains subject to the set-off described in Section 7.1.
• 4.11.The Company may require identity verification before processing a refund where it reasonably suspects a violation of this Agreement or of applicable law, including where a refund or chargeback request may itself form part of fraudulent activity.

G. Business Clients

• 4.12.Parts A (withdrawal) and B (consumer conformity) do not apply to business Clients. For business Clients, voluntary refunds are at the Company's sole discretion, subject only to the requirements of good faith and the standard-terms provisions of this Agreement. This does not affect the refund of amounts prepaid for service periods that have not been delivered, which is governed by Sections 4.15 and 7.1 and applies to business Clients and Consumers alike.
• 4.12A.Whether a Client is a Consumer or a business Client is determined by the payer type selected by the Client at registration or ordering: a Client registered as a company is a business Client; a Client registered as an individual is a Consumer; a Client registered as a sole proprietor is a business Client in respect of Services acquired for the purposes of their trade, business, or profession, and a Consumer otherwise. In cases of doubt, the Client is treated as a Consumer.

H. Other

• 4.13.Refunds of payments made in cryptocurrency are subject to the following provisions:
  • (a) Refunds for payments made in cryptocurrency are issued exclusively in cryptocurrency and are not issued in fiat. The refund is returned to the originating wallet address, provided the original payment passed the AML checks and regulatory screening applied by the Company's payment processor.
  • (b) The refund amount is the quantity of cryptocurrency equivalent to the fiat value actually received by the Company at the time of the original transaction, calculated at the applicable exchange rate at the time the refund is issued. Refunds are not adjusted for cryptocurrency price fluctuations between purchase and refund.
  • (c) For withdrawal refunds under Part A, the network (transaction) fee for issuing the refund is borne by the Company; for discretionary refunds under Part C, the network fee may be deducted from the refund amount.
  • (d) Where the originating address demonstrably cannot receive funds on the Client's behalf (for example, a shared exchange hot wallet from which the payment was sent), the Company may, after verifying the Client's identity and ownership, issue the refund to an alternative cryptocurrency address belonging to the same Client. Refunds are never issued to addresses belonging to third parties.
  • (e) Where a cryptocurrency payment is blocked, frozen, or withheld by the payment processor as a result of an AML check or other regulatory screening, the funds are not received by the Company and no payment is confirmed under Section 3.1. In that case, no Service contract is concluded, the Company has no refund obligation, and recovery of the blocked funds is a matter between the Client and the payment processor under the processor's procedures.
• 4.14.A Client who disputes a refund decision may request a review; the Company will investigate and provide a written response within fourteen (14) business days.
• 4.15.Refunds of prepaid, undelivered service periods. Where the Client terminates because they do not accept an amended document under Section 2.2, or a price change under Section 3.16, or an assignment under Section 14.3, or the addition or replacement of a sub-processor under Schedule 1; or where the Company terminates the Services under Section 7.1; or where the Client terminates for the Company's material breach under Section 7.6 — the Client is refunded all amounts prepaid for service periods that have not been delivered, calculated pro rata to the day, using the original payment method. Section 4.5 does not apply to a refund under this Section: such a refund is not discretionary and is not limited to full unused months. The Company may set off against it any amounts the Client owes it and, where the Company has terminated under Section 7.1, any damages the Client's breach has caused it. This Section applies to Consumers and business Clients alike.

5. Client Rights and Obligations#

• 5.1.The Client takes full responsibility for the server and all software used on it, including operating systems, applications, and third-party software.
• 5.2.The Client may install and use any software that complies with this Agreement and applicable EU, Georgia, and international legislation.
• 5.3.The Client has the right to request a migration of their game servers and virtual servers between tariff plans and physical servers within the Company's infrastructure, subject to technical feasibility and availability.
• 5.4.For detailed policies on prohibited content, software licensing requirements, content legality obligations, and bulk email, the Client should refer to the Company's Acceptable Use Policy.
• 5.5.The Client shall cooperate with the Company's reasonable requests for information during incident investigation. Failure to cooperate may affect the Company's ability to resolve issues and may be considered when evaluating SLA claims.
• 5.6.The Client shall promptly notify the Company of any known or suspected security breach, unauthorized access, or compromise of their Services. This obligation is critical as one compromised service can affect other clients on shared infrastructure.

Account Security

• 5.7.The Client is solely responsible for maintaining the confidentiality and security of their account credentials, including usernames, passwords, API keys, and any other authentication information. The Client must not share their credentials with third parties or allow unauthorized access to their account.
• 5.8.The Company strongly recommends enabling two-factor authentication (2FA) where available. While 2FA enhances security, the Client remains responsible for maintaining the security of their authentication devices.
• 5.9.The Company may, at its discretion, require additional verification for account activities, including but not limited to: password changes, payment method updates, service modifications, or suspicious activity. Failure to provide requested verification may result in account suspension or termination.

Prohibited Use of the Client Area

• 5.10.The Client must not attempt to exploit vulnerabilities in the Client Area, scrape data, use automated tools to manipulate account settings, or attempt to access other clients' accounts. Any such activity constitutes a violation of this Agreement and may result in immediate account termination.

Identity and Eligibility Verification

• 5.11.The Company may, at any time, request documentation reasonably necessary to verify the Client's identity, the accuracy of the information provided, or the Client's eligibility to receive the Services, including for the purposes of fraud prevention and sanctions compliance. Such requests, and any personal data collected in connection with them, are limited to what is necessary for these purposes, are processed in accordance with the Privacy Policy, and are retained only for as long as necessary or as required by applicable law.
• 5.12.The Company does not carry out routine or blanket identity verification of its Clients. A request under Section 5.11 is made only where a specific reason exists — such as reasonably suspected fraud, a chargeback or payment-risk indicator, genuinely suspicious or high-risk account activity, or a legal or regulatory obligation, including the sanctions checks described in Section 8 — and is reviewed and issued by a member of the Company's staff, rather than solely by an automated system.
• 5.13.Verification is carried out through a specialized third-party identity-verification provider acting on the Company's behalf, as identified in the Privacy Policy. Verification is document-based: it consists of a government-issued identity document, together with proof-of-address documentation where the verification is carried out for sanctions purposes under Section 8. The Company does not collect facial images and does not process biometric data as part of verification. Once the Client's identity and eligibility have been established, the Company will not request verification again unless a new reason under Section 5.12 arises.
• 5.14.Where the Client fails to provide the requested documentation within fourteen (14) days of the request, or where the documentation provided is insufficient to establish the Client's identity or eligibility to the Company's reasonable satisfaction, the Company may suspend or terminate the Services in accordance with Section 7. Verification requested in connection with sanctions compliance is additionally governed by Section 8.10, which prevails to the extent of any conflict.

6. Company Rights and Obligations#

• 6.1.The Company undertakes to provide services within its technical capabilities and in accordance with the Service Level Agreement, but does not guarantee 100% uptime or uninterrupted service availability.
• 6.2.The Company will activate virtual server orders within three (3) business days of confirmed payment. Dedicated servers will be activated within five (5) business days, unless otherwise specified in the tariff description. If the Company fails to activate the service within the stated timeframe, the Client is entitled to a full refund upon request, or may choose to wait for activation. The billing period for the service begins on the date of activation, not the date of payment.
• 6.3.If the ordered tariff is unavailable due to lack of slots or IP addresses, the Company will, at the Client's request, offer a comparable tariff in an alternative location. Any price difference will be refunded to or charged to the Client accordingly.
• 6.4.The Company is a hosting service provider within the meaning of Article 6 of Regulation (EU) 2022/2065 (Digital Services Act): it stores information at the Client's request, and does not originate, select, or modify the content the Client chooses to host.
• 6.5.The Company has no general obligation to monitor Client content or to actively seek facts indicating illegal activity, and this Agreement imposes none.
• 6.6.Upon receipt of an abuse report, the Company will acknowledge it and begin investigating within 24 hours for standard cases, or within 48 hours for cases requiring advanced technical analysis.
• 6.7.Where the Company obtains actual knowledge or awareness of illegal content — whether through an abuse report, an order from a competent authority, or its own voluntary investigation — it will act expeditiously to remove that content or to disable access to it, and will provide a statement of reasons in accordance with Section 7.9.
• 6.8.Voluntary own-initiative investigations and other good-faith measures taken by the Company to detect, identify, and remove illegal content do not deprive it of the protection described in Section 6.4.
• 6.9.If the Client fails to respond or remedy the issue within the investigation timeframe, the affected service — or, in cases of severe violations, the entire account with all associated services — may be suspended until the matter is resolved.
• 6.10.The Company must cooperate with law enforcement agencies and regulatory authorities when required by law and upon a valid request from an authority, such as a court of law or a government agency.
• 6.11.The Company is not responsible for the Client's software or access issues caused by third parties, including but not limited to software vendors, internet service providers, or other external factors.
• 6.12.The company does not guarantee correct geolocation in various geodatabase services, such as IP2Location, DB-IP, MaxMind, etc.
• 6.13.The Company reserves the right to investigate any suspected security breaches, violations of this Agreement, or fraudulent activity. This may include reviewing account activity, logs, and data. The Company will cooperate with law enforcement authorities when required by law.
• 6.14.The Company reserves the right to modify, suspend, or discontinue any service or feature at any time with reasonable notice, except where immediate action is required for security or legal compliance.
• 6.15.In the event of discontinuation of a product line or service offering, the Company will make all reasonable efforts to migrate affected Clients to the most similar available service with equivalent specifications, or provide a pro-rated refund for the unused portion of the service, at the Client's choice and subject to the options available. The Client will be notified of such changes with at least 30 days' advance notice.

7. Service Termination#

• 7.1.The Company may terminate the Services and the Client's account immediately, without prior notice and without a cure period, if the Client:
  • Violates any provision of the Company's Acceptable Use Policy, including but not limited to prohibited content and activities, network abuse, or sanctions violations
  • Provides fraudulent or inaccurate information in breach of the warranty given in the Preamble of this Agreement

  Where the Company terminates under this Section, amounts the Client has prepaid for service periods that have not yet been delivered are refunded and are not forfeited. The Company may set off against that refund any amounts the Client owes it and any damages the Client's breach has caused it, and will explain any such set-off in the statement of reasons provided under Section 7.9. This Section does not apply to amounts that are non-refundable under Section 4.8 because the corresponding service has already been delivered. Where a competent authority requires the Company to freeze funds, or where making a refund would breach applicable sanctions law, the Company will inform the Client to the extent it is permitted to do so.

• 7.2.For violations that do not pose immediate security risks or legal concerns, the Company will make reasonable efforts to provide notice and an opportunity to cure before service termination. However, the Company reserves the right to terminate services without notice in severe cases.
• 7.3.For certain violations, the Company may provide a cure period of at least twenty-four (24) hours during which the Client may remedy the violation. If the violation is not cured within the specified period, services will be terminated.
• 7.4.The Company may withhold specific data that is the subject of a valid legal complaint or law enforcement request. All other Client data remains accessible during the retention period specified in this Agreement.
• 7.5.If a Client believes their account was terminated in error, they may submit an appeal through the support ticket system. The Company will review the appeal and, if the investigation reveals the Client did not actually violate the terms, may reinstate the account and/or provide a pro-rated refund. The Company's decision on appeals is final, subject to the Client's right to pursue remedies under Section 13.
• 7.6.Termination by Client
  • The Client may terminate services at any time by submitting a request through the Client Area or the support ticket system. A refund may be provided only for full unused months of the service, subject to the Refunds Policy. Alternatively, the Client may disable automatic renewal through the Client Area as described in Section 3.7, in which case the service will remain active until the end of the current billing cycle with no cancellation fees.
  • No advance notice is required for Client-initiated termination, except where specified in the service plan or as required by applicable law.
  • The Client may terminate this Agreement with immediate effect if the Company commits a material breach of this Agreement and fails to remedy that breach within thirty (30) days of the Client's written notice requiring it to do so. In such a case, the Client is entitled to a pro-rata refund of any prepaid amounts for service periods not delivered. This right is in addition to any statutory remedies available to the Client, including a Consumer's rights under applicable consumer protection law.
• 7.7.Data Retention After Termination
  • Upon service termination due to its expiry, all service data will be held for 7 days before permanent deletion. The Client is solely responsible for backing up all necessary data before termination.
  • Data retrieval after the 7-day retention period may be possible at the Company's discretion but is not guaranteed and may incur additional fees. The Company is not obligated to retain data beyond the 7-day period.
• 7.8.Account Reinstatement
  • Accounts terminated due to violation of these Terms may be reinstated at the Company's sole discretion, subject to review, additional verification requirements, and possibly reinstatement fees. Reinstatement is not guaranteed and is evaluated on a case-by-case basis.
• 7.9.Statement of reasons: Where the Company removes or disables access to Client content, or suspends, restricts, or terminates a Service or account, the Company will provide the affected Client with a clear statement of the reasons for that action and information on how to appeal it, in accordance with Article 17 of Regulation (EU) 2022/2065 (Digital Services Act). The Company may withhold or delay such a statement where providing it is prohibited by law, would compromise an ongoing investigation or the security of the network, or where the action results from a legal order that requires otherwise.
• 7.10.The Company reserves the right to delete free or inactive accounts (defined as accounts with no active services and no login activity for twelve (12) months) without prior notice. Any data associated with dormant accounts will be permanently erased.
• 7.11.Multiple accounts may be created by the same person or entity. However, if one account is terminated or banned due to violations of this Agreement, other accounts that the Company reasonably determines to be under common ownership or control — based on a combination of factors such as personal data, payment details, access devices, IP addresses, and account activity — may be terminated or banned as well. Such determinations are made after review, and the Client may appeal through the process described in Section 7.5.

8. Applicable Laws and Jurisdiction#

• As a company registered in Georgia operating servers in Germany, Finland, and the Netherlands, the Company's services are subject to the laws of multiple jurisdictions. This Agreement is designed to comply with applicable laws while recognising the global nature of the Services.

• 8.1.The Company offers its services primarily to customers in the European Union and the European Economic Area, and operates its technical infrastructure in Germany, Finland, and the Netherlands. Regulation (EU) 2016/679 (the "GDPR") therefore applies to the processing of personal data under this Agreement, both because the Company offers services to data subjects in the European Union (Art. 3(2) GDPR) and because that processing is carried out on infrastructure within the European Union. The Company is registered in Georgia, and the Law of Georgia on Personal Data Protection (2023) applies to the processing carried out by the Company’s personnel from Georgia. No customer data is stored in Georgia.
• 8.2.EU laws applicable to the Company's technical infrastructure in Germany, Finland, and the Netherlands, and to the processing of personal data, apply to the Company's EU operations.
• 8.3.The Company serves Clients from around the world, and this Agreement is designed to be compatible with applicable laws in various jurisdictions. Where local laws provide greater protection to consumers or impose additional requirements, such laws apply to the extent required.
• 8.4.The Company complies with all sanctions applicable to it, including applicable Georgian, European Union, and United Nations measures, and voluntarily aligns its policies with United States and other relevant sanctions regimes as a matter of risk management.
• 8.5.Ineligible persons and territories. The Services are not available to, and must not be used by or for the benefit of:
  • (a) any individual or entity subject to Georgian, EU, UN, or US sanctions; or
  • (b) any individual or entity located in, ordinarily resident in, or organized under the laws of any country, territory, or region subject to comprehensive or territory-wide sanctions under those measures, including, without limitation, the Autonomous Republic of Crimea and the city of Sevastopol, the non-government-controlled areas of the Donetsk, Luhansk, Kherson, and Zaporizhzhia oblasts of Ukraine, Cuba, Iran, and North Korea, as such measures may be amended from time to time.

  Such persons must not create an account or place orders. Where the Company identifies, or reasonably suspects, that a Client falls within paragraph (a) or paragraph (b), the procedure in Section 8.7 applies.

• 8.6.The Company employs risk-based screening measures, which may include sanctions-list screening of accounts and monitoring of account activity, to prevent access by sanctioned individuals or entities.
• 8.7.Procedure on identification. Where the Company identifies, or reasonably suspects, that a Client is ineligible under Section 8.5 — whether as a sanctioned person under paragraph (a), or by reason of location under paragraph (b) — the same procedure applies in both cases. The Company will immediately suspend the account and request verification under Section 8.10. The account remains suspended until eligibility is established to the Company's reasonable satisfaction. The Company will reinstate the account if the Client demonstrates eligibility, and may terminate it, without further notice, if the Client is confirmed to be ineligible, refuses to cooperate, or fails to provide the requested verification within the period stated in Section 8.10. The disposition of any remaining balance is governed by Section 8.12.
• 8.8.The Company cooperates with relevant regulatory and law enforcement authorities as required by applicable law, including in connection with applicable sanctions requirements.
• 8.9.The Client represents and warrants, at the time of registration and on a continuing basis for as long as the account remains open, that:
  • (a) the Client is not a sanctioned individual or entity;
  • (b) the Client is not located in, ordinarily resident in, or organized under the laws of any territory subject to comprehensive sanctions as described in Section 8.5; and
  • (c) the Client is not acting for, on behalf of, or for the benefit of any such person or entity.

  The Client must promptly notify the Company at [email protected] if any of these representations ceases to be accurate. A breach of this warranty is itself a material breach of this Agreement and grounds for suspension or termination, independent of any separate sanctions determination.

• 8.10.Verification requested in connection with this Section is carried out in accordance with Sections 5.11 to 5.14, and may additionally extend to the Client's location. Where verification is requested following a suspension under Section 8.7, the account remains suspended until the Client's eligibility is established to the Company's reasonable satisfaction, and failure to provide the requested documentation within fourteen (14) days of the request is itself grounds for termination of the account.
• 8.11.The Client must not use, resell, or otherwise make the Services available for the use or benefit of any sanctioned individual or entity, or of any person located in or organized under the laws of a territory subject to comprehensive sanctions as described in Section 8.5. This prohibition applies regardless of whether the Client is itself an eligible person.
• 8.12.Where an account is suspended or terminated under this Section, any remaining balance associated with it may be withheld or held in a segregated manner pending resolution, at the Company's sole discretion and consistent with applicable sanctions requirements. The Company will not release funds where doing so would breach an applicable sanctions measure.

9. Service Level Agreement (SLA)#

• 9.1.Subject to the exclusions in Section 9.5, the Company commits to service availability of at least 99.9% in each calendar month, measured as set out in Section 9.2, and excluding scheduled maintenance windows notified in accordance with Section 9.6 and Force Majeure events under Section 12. If availability in a calendar month falls below 99.9%, the Client is entitled to the service credits described in Sections 9.3 and 9.4. This uptime commitment is a service-level undertaking remedied by those service credits; it is not an express guarantee within the meaning of Sections 10.6 and 10.7.
• 9.2.Uptime is calculated based on the Company's monitoring systems, which are available for Client review upon request, and is measured on a monthly basis. The Company's determination of uptime and downtime shall be based on objective monitoring data.
• 9.3.Where availability falls below the level committed in Section 9.1 for reasons attributable to the Company, and the downtime is not excluded under Section 9.5, the Client is entitled, on a request made in accordance with Section 9.4, to the service credits set out in that Section. Those service credits are the Client's sole and exclusive contractual remedy for the Company's failure to meet the uptime commitment, and the same downtime may not be compensated twice. This does not affect, and the service credits are without prejudice to:
  • (a) the mandatory statutory rights of a Consumer, including the conformity rights referred to in Sections 4.4 and 10.3A;
  • (b) the Client's right to terminate for material breach under Section 7.6; and
  • (c) any liability of the Company under Sections 10.5 to 10.7 that cannot be excluded or limited under applicable law, including liability for intent, gross negligence, injury to life, body, or health, or the breach of an essential contractual obligation.

  Where the Client recovers damages in respect of the same downtime, any service credit already granted for that downtime is set off against those damages.

• 9.4.A service credit for unscheduled downtime is granted as an extension of the affected Service at double the duration of the downtime. A service credit must be requested within thirty (30) days of the downtime event; requests submitted after that period are not eligible. The Company will confirm or refuse a request, with reasons, within ten (10) business days.
• 9.5.The SLA uptime guarantee and compensation system do not apply to:
  • (a) Free trial services;
  • (b) Beta or 'Test' products;
  • (c) Services marked as 'BUDGET' or 'No-SLA';
  • (d) Scheduled maintenance windows;
  • (e) Downtime caused by Client actions, third-party services, or Force Majeure events;
  • (f) Services suspended due to non-payment or violation of this Agreement.
• 9.6.Scheduled maintenance will be announced at least forty-eight (48) hours in advance via the Company's status page (https://senkostatus.com) and, where possible, via email notification. Scheduled maintenance windows are excluded from downtime calculations and will not exceed twenty-four (24) hours per calendar month under normal circumstances. Compensation may be provided at the Company's discretion for extended maintenance periods.
• 9.7.Technical support is available from 07:00 to 00:00 UTC, Monday through Saturday (closed Sundays), and is provided by people rather than automated agents. The Company aims to give a first response to tickets submitted through the Client Area, and to email, within one (1) business day, and to respond more quickly on live channels — web chat, the Telegram bot, and the Discord server — during working hours. These are targets rather than guaranteed commitments, and actual response times may vary with support volume and the complexity of the issue. This Section concerns general support response times only, and does not affect the specific deadlines set out in Sections 3.10, 3.11, and 4.15 of this Agreement or in the Acceptable Use Policy. Replies are not guaranteed to messages that do not concern a genuine service issue, and the Company may limit the volume of support requests from Clients who submit excessive or repetitive requests of that kind.
• 9.8.Clients may request verification of uptime calculations and monitoring data by submitting a support ticket. The Company will provide reasonable access to relevant monitoring data upon request.
• 9.9.The Company may, upon request, replace the IP address assigned to a Client's service. Whether the replacement is provided free of charge or subject to a fee from 5 € to 20 € per IP address, and is determined at the Company's discretion based on the reason for the request. Replacements necessitated by circumstances within the Company's control (e.g., IP blacklisting due to previous tenant activity) are provided at no cost. Replacements requested for reasons attributable to the Client (e.g., blacklisting caused by the Client's own activity) are subject to the fee. IP address availability is not guaranteed and all replacements are subject to available inventory.
• 9.10.IP addresses assigned to the Client's Services are provided as a right of use only. Such addresses are number resources allocated by regional internet registries (for example, RIPE NCC) and are not owned by the Company or the Client. The right to use an assigned IP address is non-transferable and ends upon termination of the associated Service, after which the Company may reassign the address. The Client acquires no ownership or other proprietary right in any IP address.

10. Liability and Warranties#

A. Client Liability and Obligations

• 10.1.The Client takes full responsibility for the hosted content and software. The Company bears no responsibility for the Client's applications, websites, or other content hosted on the Company's infrastructure. The Client is solely responsible for ensuring their applications are secure, properly configured, and compliant with applicable laws.
• 10.2.This Section applies to business Clients (B2B) only and does not apply to consumers. The business Client agrees to indemnify and hold harmless the Company from third-party claims, damages, losses, liabilities, and reasonable expenses (including reasonable legal fees) to the extent they arise from:
  • (a) the Client's breach of this Agreement;
  • (b) the Client's violation of any third-party rights; or
  • (c) any content or data uploaded or transmitted by the Client in breach of this Agreement.

  The Company will promptly notify the Client of any such claim and take reasonable steps to mitigate the relevant losses. Nothing in this Section requires a consumer to indemnify the Company beyond the liability that arises under applicable law.

B. Company Liability and Limitations

• 10.3.Except for warranties and rights that cannot be excluded or limited under applicable law (including the statutory conformity rights of consumers), and except as expressly set forth in this Agreement, the Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• 10.3A.Nothing in the preceding paragraph restricts or affects any statutory conformity right that a Consumer has under Directive (EU) 2019/770 (Digital Content and Services), Directive (EU) 2019/771 (Sale of Goods), or corresponding provisions of the Law of Georgia on Protection of Consumer Rights. In particular, the Company remains liable to a Consumer for any lack of conformity of the Services existing at the time of supply and which becomes apparent within two (2) years thereafter, or such longer period as applicable law may provide.
• 10.4.The Company does not take any responsibility for local or regional restrictions on the use of the Services imposed by third parties, including but not limited to internet provider restrictions, protocol restrictions, or IP address restrictions. For IP address replacement options and fees, refer to Section 9.9.
• 10.5.The Company may be held liable for direct damages caused by negligence, gross negligence, or willful misconduct, subject to the limitations set forth in this section. For consumers, liability for ordinary negligence in service provision applies to the extent required by applicable consumer protection laws.
• 10.6.Subject to the following sentences, the Company is not liable for indirect, consequential, or incidental damages, including loss of profits, business interruption, loss of goodwill, or other purely economic loss. This exclusion does not apply, and the Company remains liable without limitation, in cases of intent or gross negligence, for injury to life, body, or health, under any guarantee the Company has expressly given, for the fraudulent concealment of a defect, and under mandatory product-liability or consumer-protection law. In addition, where the Company negligently breaches an essential contractual obligation — that is, an obligation whose fulfilment is necessary to enable the proper performance of this Agreement and on whose observance the Client may regularly rely — the Company is liable for the damage typical for this type of contract and foreseeable at the time of contracting; such liability is limited, but it is not excluded. As regards data, the Client is responsible for maintaining backups of Client Content appropriate to the risk, and the Company's liability for the loss or corruption of data is limited to the expenditure that would have been necessary to restore that data had the Client maintained such backups; this limitation does not apply in the cases of unlimited liability listed above.
• 10.7.Subject to the following sentences, the total aggregate liability of the Company, regardless of the theory of liability, is limited to the amount paid by the Client for the Services in the twelve (12) months preceding the event giving rise to liability, or one thousand euro (1,000 €), whichever is greater. Where liability arises from the negligent breach of an essential contractual obligation as described in Section 10.6, liability is in any event limited to the damage typical for this type of contract and foreseeable at the time of contracting. This limitation does not apply in cases of intent or gross negligence, to liability for injury to life, body, or health, to liability under an express guarantee or for the fraudulent concealment of a defect, to liability under mandatory product-liability law, or to any other liability that cannot be limited under applicable law. Where the Client is a Consumer, nothing in this Section restricts the Company's liability below the level required by mandatory consumer-protection law.
• 10.8.The Company implements reasonable security measures but does not guarantee complete security or uninterrupted service. The Company is not liable for damages caused by factors beyond its reasonable control, including but not limited to: third-party services, software, or hardware; software vulnerabilities or malware; security breaches; Force Majeure events; or Client-caused issues.
• 10.9.Any claim against the Company must be brought within twelve (12) months of the date on which the claim arose or the date on which the Client became aware (or should have become aware) of the facts giving rise to the claim, whichever is earlier. Claims brought after this period are barred. This limitation does not apply to consumers where mandatory law provides a longer period, nor to claims arising from the Company's intent or gross negligence. This limitation period applies to all dispute resolution mechanisms described in Section 13 of this Agreement. For Consumers, the statutory limitation periods provided by mandatory law apply instead of the twelve-month period set out above, including the general three-year limitation period under the Civil Code of Georgia and the statutory conformity guarantee for digital content and services (which is at least two years).
• 10.10.The Company's automated installers are provided for convenience only. The Company does not vet third-party mods, plugins, or software for safety or stability. The Client installs third-party scripts at their own risk, and the Company disclaims liability for data loss or security breaches resulting from third-party software installed via the Company's tools. This disclaimer is subject to Sections 10.6 and 10.7, and does not exclude any liability that cannot be excluded under applicable law.

11. Intellectual Property Rights#

• 11.1.All content, trademarks, logos, software, and services provided by the Company are the exclusive property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws.
• 11.2.The Client retains all rights to their own content hosted on the Company's servers. The Client represents and warrants that they have all necessary rights, licenses, and permissions to use, host, and distribute any content uploaded to the Company's servers.
• 11.3.The Company grants the Client a limited, non-exclusive, non-transferable license to use the Company's services and software for the duration of the service agreement, subject to these Terms of Service.
• 11.4.By uploading content, the Client grants the Company a limited, non-exclusive, non-transferable license to store, process, transmit, cache, replicate, and perform technical operations on such content as reasonably necessary to provide the Services during the Term of this Agreement. This includes, without limitation, data center replication for redundancy, temporary copies during migration, and automated security scanning. Upon termination, this license shall automatically expire, except for archival backups retained for a limited period as required by law.
• 11.5.The Client may not reverse engineer, decompile, modify, reproduce, distribute, or create derivative works based on the Company's software, services, or intellectual property without explicit written permission.
• 11.6.The Company may request permission to use the Client's name and logo in the Company's marketing materials, customer lists, and website. The Company will not use such materials without the Client's explicit written consent. Customer reviews from public websites such as Trustpilot may be referenced or displayed on the Company's website without prior consent, but will be removed upon the Client's request. Use of customer reviews in paid advertising or promotional campaigns requires the Client's explicit prior consent.
• 11.7.The Company warrants that, to the best of its knowledge, the Services and the Company's own software and materials provided to the Client do not infringe the intellectual property rights of any third party. If a third party alleges that the Client's authorized use of the Services infringes its intellectual property rights, the Company will, at its own expense, take reasonable steps to resolve the claim. This warranty does not extend to Client Content or to third-party software installed by the Client.

12. Force Majeure#

• 12.1.Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement to the extent such failure or delay is caused by circumstances beyond its reasonable control.
• 12.2.Such events include but are not limited to: natural disasters, acts of government, war, terrorism, riots, power failures, internet service provider or datacenter failures, catastrophic hardware failures affecting multiple systems simultaneously, third-party service failures, pandemic or public health emergencies, and civil unrest. Individual hardware component failures (e.g., a single disk or power supply) are considered ordinary operational risks and do not constitute Force Majeure events.
• 12.3.During a Force Majeure event, the Company will make reasonable efforts to maintain service availability and data integrity, but cannot guarantee full performance. SLA obligations are suspended during such events.
• 12.4.The Company will make reasonable efforts to notify Clients of Force Majeure events affecting services and provide updates on recovery timelines when available.
• 12.5.If a Force Majeure event continues for more than fourteen (14) consecutive days, either party may terminate the agreement with written notice, with pro-rated refunds for prepaid services not delivered.

13. Dispute Resolution#

• 13.1.Prior to initiating any formal dispute resolution process, the Client agrees to first contact the Company directly in an effort to reach an informal resolution of any dispute, and both parties shall make good faith efforts to resolve such issues through direct negotiation.
• 13.2.For business-to-business (B2B) relationships, any dispute not resolved informally shall be resolved through binding arbitration in Tbilisi, Georgia, according to the rules of the Georgian International Arbitration Centre (GIAC), by a single arbitrator appointed in accordance with those rules. For B2B claims with a disputed amount of 500 € or less, the parties may agree to resolve the dispute through online arbitration or written submissions only, without an in-person hearing, to reduce costs.
• 13.3.This Agreement shall be governed by and construed in accordance with the laws of Georgia, without regard to its conflict of law principles. This governing law provision applies equally to all policies incorporated by reference into this Agreement, including the Acceptable Use Policy and the Privacy Policy. For technical infrastructure or Clients located in other jurisdictions, applicable mandatory laws of those jurisdictions may also apply. Where the Client is a consumer habitually resident in the European Union or European Economic Area, this choice of Georgian law does not deprive the Client of the protection afforded to them by provisions that cannot be derogated from by agreement under the law of their country of habitual residence, in accordance with Article 6 of Regulation (EU) No 593/2008 (Rome I).
• 13.4.For disputes not subject to arbitration, the parties agree that the courts of Georgia, located in Tbilisi, shall have exclusive jurisdiction, except that consumers may bring claims in, and may only be sued in, the courts of their country of habitual residence, as guaranteed by applicable mandatory law.
• 13.5.For business-to-business (B2B) relationships, claims must be brought individually and may not be brought or consolidated as part of a class, collective, or representative action. This limitation does not apply to consumers, who retain any rights to collective or representative redress available under applicable mandatory law.
• 13.6.Notwithstanding the above, either party may seek relief in a small claims court (also known as a Magistrate Court) in Georgia for disputes within the jurisdictional limits of such court.
• 13.7.For B2B arbitration, the costs of arbitration (including arbitrator and administrative fees) shall be borne by the losing party, except that each party shall bear its own legal fees and expenses unless the arbitrator determines that one party’s position was frivolous or unreasonable, in which case that party shall bear all costs including the other party’s reasonable legal fees.
• 13.8.All claims under this Section are subject to the limitation period set forth in Section 10.9 of this Agreement. No dispute resolution proceeding may be initiated after the expiration of that period.

14. Final Provisions#

• 14.1.By using the Services, the Client acknowledges that they have read, understood, and agree to be bound by this Agreement. If the Client does not agree to these Terms, the Client must not use the Services and should terminate their account.
• 14.2.For questions regarding this Agreement, the Client may contact the Company through the support ticket system in the Client Area, or via the contact information provided on the Company's website.
• 14.3.Assignment and Transfer
  • The Company may assign, transfer, or delegate this Agreement or any rights or obligations hereunder, in whole or in part, to any affiliate or in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets. The Company will give the Client at least 30 days' prior notice of any such assignment. Where the Client is a Consumer and the assignment may reduce the guarantees available to the Consumer, the Consumer may terminate this Agreement free of charge before the assignment takes effect and receive a pro-rata refund of any prepaid, undelivered service periods.
  • The Client may not assign, transfer, or delegate this Agreement or any rights or obligations hereunder without the prior written consent of the Company. Any attempted assignment without such consent shall be void.
  • This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
• 14.4.Notices and Communications
  • Formal notices under this Agreement must be in writing and delivered to:
    • (a) For the Company: [email protected], or such other address as the Company may designate in writing;
    • (b) For the Client: the email address or physical address associated with the Client's account.
  • The Client consents to receive all notices, communications, and disclosures electronically. Notices may be sent to the email address associated with the Client's account or posted in the Client Area.
  • Notices sent by email shall be deemed delivered on the business day following transmission. Notices posted in the Client Area shall be deemed delivered when posted. Physical notices shall be deemed delivered when received or refused.
• 14.5.Relationship of Parties
  • The relationship between the Company and the Client is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment relationship, or agency relationship between the parties.
  • Neither party has the authority to bind the other party or make any representations or warranties on behalf of the other party, except as expressly set forth in this Agreement.
• 14.6.Confidentiality. The Company shall keep confidential any non-public information of the Client that it obtains in connection with providing the Services, including the content of the Client's data and communications, and shall not access, use, or disclose such information except as necessary to provide the Services, to comply with a lawful legal obligation, or with the Client's consent. This obligation survives termination of this Agreement.
• 14.7.Anti-bribery and anti-corruption. Each party shall comply with all applicable anti-bribery and anti-corruption laws, including the Law of Georgia on Conflict of Interest and Corruption in Public Service and, where applicable, the UK Bribery Act 2010 and equivalent legislation. Neither party shall offer, promise, give, request, or accept any bribe, kickback, or other improper advantage in connection with this Agreement.

Schedule 1 — Data Processing#

This Schedule forms part of the Agreement and is accepted by the Client at the same time as the Agreement. It applies automatically, without separate request or signature, whenever the Company processes personal data on the Client’s behalf. It is the written agreement required by Article 36 of the Law of Georgia on Personal Data Protection and by Article 28 of Regulation (EU) 2016/679 (the "GDPR").

• S1.1.Roles. In respect of personal data contained in Client Content stored on or transmitted through the Company’s infrastructure, the Client is the controller and the Company is the processor. In respect of the Client’s own account, billing, identity-verification, and support data, the Company is itself the controller, and this Schedule does not apply to that data; it is governed by the Privacy Policy.
• S1.2.Subject matter and details of the processing. Subject matter: the provision of the Services. Nature and purpose: the storage, hosting, transmission, backup, and technical processing of Client Content to the extent necessary to deliver the Services and to comply with applicable law. Legal grounds: the performance of this Agreement. Duration: the term of the Agreement, together with any period of retention expressly permitted by paragraph 9 below. Categories of personal data and of data subjects: determined by the Client, being whatever personal data the Client elects to store on or transmit through the Services, relating to the Client’s own customers, end users, personnel, or other individuals.
• S1.3.Processing on documented instructions. The Company processes Client Content only on the Client’s documented instructions, including in relation to transfers of personal data, unless required to process it otherwise by Georgian or European Union law to which the Company is subject; in that case the Company will inform the Client of that legal requirement before processing, unless the law prohibits it. This Agreement, together with the Client’s configuration and use of the Services, constitutes the Client’s documented instructions. The Company will inform the Client if, in its opinion, an instruction infringes applicable data protection law.
• S1.4.Confidentiality. The Company ensures that every person authorised to process Client Content has committed to confidentiality or is under an appropriate statutory obligation of confidentiality, and that this obligation survives the end of that person’s engagement.
• S1.5.Security. The Company implements appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of the processing. The measures currently in place are described in the Privacy Policy.
• S1.6.Sub-processors. The Company may not transfer its rights or obligations under this Schedule, in whole or in part, to another person without the Client’s prior written consent. By accepting this Agreement, the Client gives prior written consent to the following sub-processors, which are the only third parties with access to Client Content:
  • (a) the operators of the data-centre facilities in Germany, Finland, and the Netherlands in which the Company’s infrastructure is located, which have physical access to that infrastructure; and
  • (b) Backblaze (Backblaze, Inc.), which provides S3-compatible object storage in a region located in the European Union, and which holds only game-server backups initiated by the Client and virtual-machine image extracts created on the Client’s request.

  No data is uploaded to Backblaze automatically or continuously, and Backblaze has no access to the Client’s account, billing, or support data. For the avoidance of doubt, the content-delivery and website-security providers named in the Privacy Policy (Cloudflare and Sucuri) serve only the Company’s own public websites and Client Area: no Client Service is proxied through them, they do not receive, inspect, route, or store Client Content or Client traffic, and they are therefore not sub-processors of Client Content. The Company will give the Client not less than thirty (30) days’ written notice before adding or replacing a sub-processor, describing the processing concerned; the Client may object on reasonable data protection grounds within that period and, if the objection cannot be resolved, may terminate the affected Services without penalty and receive a refund of amounts prepaid for the unused period. The Company imposes on each sub-processor data protection obligations no less protective than those in this Schedule, and remains fully liable to the Client for the performance of each sub-processor’s obligations.

• S1.7.Assistance with data-subject rights. Taking into account the nature of the processing, the Company assists the Client by appropriate technical and organisational measures, insofar as this is possible, in fulfilling the Client’s obligation to respond to requests from data subjects exercising their rights. Where the Company receives such a request directly from a data subject in relation to Client Content, it will not respond to the request itself, but will refer the data subject to the Client and inform the Client without undue delay.
• S1.8.Incidents. The Company notifies the Client without undue delay upon becoming aware of a personal data incident affecting Client Content, as required by Article 29(2) of the Law of Georgia on Personal Data Protection and Article 33(2) of the GDPR, and provides the information reasonably available to it so that the Client can meet its own notification obligations. The Company also assists the Client in ensuring compliance with the Client’s obligations relating to security of processing, notification of incidents to the supervisory authority and to data subjects, data protection impact assessments, and prior consultation.
• S1.9.Deletion and return. On termination or expiry of the Agreement, the Company will, at the Client’s election, delete or return all Client Content and delete existing copies, unless Georgian or European Union law requires it to retain the data. Where the Client makes no election, the Company will hold the Client Content for the seven (7) day period provided in Section 7 (Data Retention After Termination) so that the Client may retrieve it, and will then permanently delete it. If a dispute arises between the parties in relation to the processing, the Company will cease processing and transfer all Client Content to the Client, as required by Article 36(8) of the Law of Georgia on Personal Data Protection.
• S1.10.Information and audits. The Company makes available to the Client all information necessary to demonstrate compliance with this Schedule, with Article 28 of the GDPR, and with Article 36 of the Law of Georgia on Personal Data Protection, and allows for and contributes to audits, including inspections, conducted by the Client or by an auditor mandated by the Client. Audits are limited to once in any twelve (12) month period unless an incident has occurred or a supervisory authority requires otherwise, require reasonable prior notice, must be conducted during business hours, and must not compromise the security, confidentiality, or availability of the data of the Company’s other clients.
• S1.11.Location and transfers. Client Content is stored and processed on infrastructure located in Germany, Finland, or the Netherlands, according to the location selected by the Client. No Client Content is stored in Georgia, although the Company’s personnel in Georgia access it as necessary to administer the Services and provide support, under the safeguards described in the Privacy Policy. The Company will not transfer Client Content to a storage location outside those countries except on the Client’s instruction or with the Client’s prior written consent, or where required to do so by law, in which case it will inform the Client unless the law prohibits it.
• S1.12.Precedence. In the event of a conflict between this Schedule and the remainder of the Agreement in relation to the processing of personal data, this Schedule prevails. Where the parties have executed a separate data processing agreement, that agreement prevails over this Schedule to the extent of any conflict.