I) Definitions
These Terms use the following defined terms:
- "Company," "we," "our," "us" refers to Serverwave.
- "User," "you," "your" refers to the individual or entity using the Services.
- "Services" refers to the game server hosting and related services provided by Serverwave.
II) Acceptance of Terms
By accessing or using the Services, you confirm that you are at least 18 years old or have obtained the consent of a legal guardian, and you agree to abide by these Terms. Serverwave reserves the right to modify these Terms at any time, with changes becoming effective upon posting. It is your responsibility to review the Terms regularly. Continued use of the Services after any changes indicates your acceptance of those changes.
III) User Accounts and Eligibility
To use our Services, you must create an account. You agree to:
- Provide accurate, current, and complete information when registering.
- Maintain the security of your account by keeping your password confidential.
- Take full responsibility for all activities that occur under your account.
We reserve the right to refuse service, terminate accounts, or limit access to the Services at our discretion.
IV) Services and Usage
Our Services provide game server hosting on a pay-as-you-go model. You agree to:
- Use the Services for lawful purposes and in accordance with our Acceptable Use Policy (see Section 5).
- Ensure your use of the Services complies with all applicable laws and regulations.
- Use only the resources allocated to you and understand that resource usage is monitored and charged based on actual consumption (see Billing in Section 6).
V) Acceptable Use Policy
You agree not to:
- Engage in any activity that disrupts or interferes with the Services or any servers on the network.
- Upload or transmit any malicious software, including but not limited to viruses, worms, or trojans.
- Use the Services for illegal activities, including hosting or distributing pirated content, hacking, or running denial-of-service attacks.
- Engage in abusive or threatening behavior toward our staff or other users.
Violation of this Acceptable Use Policy may result in suspension or termination of your account.
VI) Billing and Payments
1. Pricing
You agree to pay for the Services based on the pricing model selected during purchase. Serverwave offers two primary billing models:
- Usage-Based Billing: Calculated at $0.01 per GB per hour for allocated resources, including RAM, CPU, and storage.
- Flat Monthly Subscription: A fixed monthly charge that grants access to predefined resources or server tiers.
2. Billing Cycle
- Usage-based Services are billed dynamically based on actual consumption.
- Subscription-based Services are billed in advance for each monthly period.
- Subscriptions renew automatically unless canceled before the next billing cycle.
- Failure to maintain sufficient Credits to cover the renewal cost may result in suspension or termination of Services.
3. Payment Methods
Serverwave accepts various forms of payment, including credit cards and online payment gateways. By providing payment information, you authorize Serverwave to charge the selected payment method for the purchase of Credits or subscriptions.
Payments processed through third-party providers (e.g., Stripe or PayPal) are subject to their respective terms of service and privacy policies.
4. Credits
Platform-Specific Credits: Serverwave credits ("Credits") can only be used within our platform for game server hosting and related services. Credits cannot be transferred, resold, or used for any other purpose outside of the Services offered by Serverwave. These Credits have no monetary value and cannot be redeemed for cash or equivalent.
Non-Banking Relationship: You acknowledge that the purchase of Credits does not establish a banking or custodial relationship between you and Serverwave. Credits are provided solely as a means of accessing our Services and are not stored as deposits or financial instruments.
Expiration: Credits do not expire but remain subject to your account's active status. If your account is terminated for violation of these Terms, unused Credits may be forfeited.
By providing payment information, you agree that we may process payments using your selected method.
5. Refunds
Serverwave offers a 14-day refund policy for the first initial payment made by new users. This refund policy only applies to the unused portion of the initial payment and does not include any balances that have already been spent on resource usage (e.g., server time, RAM, or other services).
Refund requests must be submitted within 14 days from the date of the first payment. Refunds will not be issued for subsequent payments or renewals, except as required by applicable law. Serverwave reserves the right to deny a refund if we determine that the request is an abuse of the policy or if significant server usage has already occurred.
VII) Resource Allocation and Dynamic Scaling
Serverwave offers dynamic resource scaling to meet your needs. Resources such as RAM, CPU, and storage automatically adjust based on your server's demands. You are only charged for the resources you use, calculated in real time.
If resource usage exceeds reasonable limits or disrupts the platform's functionality, we reserve the right to limit your account's resource allocation or suspend Services.
VIII) Service Availability and Uptime
Serverwave aims to provide high availability of services. However, we do not guarantee 100% uptime, and occasional downtime may occur due to maintenance or unforeseen circumstances. We are not liable for any downtime or service interruptions, but we will strive to resolve any service issues as promptly as possible.
IX) Termination and Suspension
Serverwave reserves the right to suspend or terminate your account or access to the Services if:
- You violate these Terms or the Acceptable Use Policy.
- You fail to pay for Services as outlined in Section 6.
- Your account activity jeopardizes the security or functionality of our platform.
Upon termination or suspension, your data may be deleted, and any outstanding balances are due immediately. Any remaining Credits in such accounts may be forfeited following a thorough investigation.
X) Intellectual Property
All intellectual property rights in the Services, including but not limited to the software, technology, and content provided by Serverwave, remain the property of Serverwave or its licensors. You may not reproduce, modify, or distribute any content or materials without our written consent.
XI) User Content
You retain ownership of any content that you create, upload, or transmit using the Services. By using the Services, you grant Serverwave a non-exclusive, worldwide, royalty-free license to use, distribute, and display your content solely for the purpose of providing the Services.
XII) Privacy and Data Protection
Your use of the Services is subject to our Privacy Policy, which details how we collect, use, and protect your personal information. By using the Services, you agree to the collection and use of information as outlined in our Privacy Policy.
Payment Data Processing: By purchasing Credits, you consent to the processing of payment information through our authorized third-party payment processors. Serverwave does not store complete payment information on its servers and complies with the General Data Protection Regulation (GDPR) regarding the handling of personal data.
XIII) Limitation of Liability
To the fullest extent permitted by law, Serverwave shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of or inability to use the Services, including but not limited to lost profits, loss of data, or service interruptions.
XIV) Indemnification
You agree to indemnify and hold harmless Serverwave and its affiliates, employees, and agents from any claims, damages, liabilities, or expenses arising from your use of the Services or violation of these Terms.
XV) Dispute Resolution and Governing Law
These Terms shall be governed by and construed in accordance with the laws of the European Union. Any disputes arising from or relating to these Terms shall be resolved through binding arbitration in the Netherlands, and both parties agree to waive any right to a trial by jury.
XVI) Financial Compliance Statement
Serverwave operates exclusively as a provider of platform-specific Credits and Services. These Credits are not classified as electronic money under the Electronic Money Directive (Directive 2009/110/EC) and are not redeemable outside the platform.
Serverwave complies with all applicable consumer protection laws and ensures transparency regarding the purchase, use, and expiration of Credits. Users agree that any disputes regarding Credits will be governed by these Terms and applicable consumer protection laws.
XVII) Changes to the Terms
Serverwave reserves the right to modify or update these Terms at any time. Any changes will be posted on our website, and it is your responsibility to review these Terms regularly. Continued use of the Services after any modifications indicate your acceptance of the new Terms.
XVIII) Contact Information
If you have any questions about these Terms or need support, please contact us at:
By using Serverwave's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.