These Terms of Service (“TOS”) govern the relationship between Server & Cloud, a company registered in Switzerland (“Company”), and you, including your heirs, assigns, agents and contractors (collectively, the “Customer”).

By ordering, accessing or using any of the services (“Services”) provided by Server & Cloud, the Customer agrees to be bound by these Terms.

Unless otherwise stated, the contract is concluded for a minimum term of one (1) month. Unless a notice of termination is received prior to the expiration of the current term, the contract shall automatically renew for successive minimum terms. The contract shall enter into force on the agreed effective date or on the date the Customer first uses the Services, whichever occurs earlier.

Fixed-term contracts shall terminate upon expiration of the agreed term unless otherwise extended.

The Customer shall use the Services in a lawful manner and in compliance with all applicable laws and regulations and shall comply with the Company’s Acceptable Use Policy (AUP), which forms an integral part of these Terms. Any violation of the AUP may result in suspension or termination of the Services. The Customer is solely responsible for all content hosted or transmitted using the Services.

The Customer is responsible for maintaining the confidentiality and security of all login credentials and for all activities performed under their account, unless caused by the Company’s gross negligence, and must promptly notify the Company of any security breach, misuse or service malfunction and cooperate in resolving such incidents. The Customer shall use all equipment and infrastructure provided by the Company with due care, and any misuse may result in financial liability.

The Customer is solely responsible for maintaining backups of all data. Any backups performed by the Company are provided on a best-effort basis and without warranty, and the Customer is responsible for verifying their integrity and usability.

The Customer must respond to abuse complaints and cooperate with the Company.

All prices are stated in CHF unless otherwise specified. Prices may be subject to applicable taxes, duties or VAT, which shall be borne by the Customer where applicable. Payments may be made using the methods available on the Company’s payment page, and any transaction fees, currency conversion charges or intermediary bank fees shall be the responsibility of the Customer.

The Services are billed on a recurring monthly basis unless otherwise agreed. The first invoice may include all applicable initial costs, including installation or setup fees. Invoices are issued fourteen (14) days prior to the due date; however, failure to receive or review an invoice does not release the Customer from the obligation to pay on time. Payment must be received by the due date and shall be deemed completed only upon receipt of cleared funds by the Company. Initiation of payment by the Customer does not constitute completion of payment, and the Company shall not be responsible for delays caused by payment providers, banks or intermediaries. The Customer is responsible for selecting an appropriate payment method and initiating payment sufficiently in advance to ensure timely receipt of funds.

Partial payments do not constitute full payment and may result in restriction, suspension or termination of the Services at the Company’s discretion. Failure to make full payment by the due date may likewise result in restriction, suspension or termination of the Services. All payments are non-refundable once the billing period has commenced, unless otherwise agreed. The Company reserves the right to modify pricing upon renewal of the Service.

For Instant Server services, the billing period is calculated from the exact date and time of activation. The initial billing period expires at the same time on the day preceding the corresponding date in the next calendar month, and all subsequent billing periods shall end on the same calendar day each month, corresponding to the day preceding the original activation date, at the same time of day. All dates and times are calculated in the Company’s designated time zone. If payment is not received by the end of the billing period, the Service shall be considered overdue and must be suspended immediately.

Suspension and termination timelines depend on the type of Service. For Instant Server services, the Services is suspended immediately upon overdue payment, remains suspended for up to three (3) days, and is terminated at the end of the third day, with all data deleted three (3) days after the “paid until” date.

For AMD SEV Confidential Computing Servers (including VPS), a grace period of one (1) day applies after the due date, after which the Services is suspended and remains suspended for up to seven (7) days; thereafter, the Service may transition to cancelled status and be retained for up to twenty-one (21) days from the “paid until” date, after which all data is permanently deleted.

For Licenses, standalone licenses follow the same suspension rules as AMD SEV services, while license add-ons are automatically cancelled upon suspension of the parent Service.

Services are provided on an “as is” and “as available” basis. The Company reserves the right to suspend, restrict or terminate Services at any time, with or without notice, where reasonably necessary to enforce these Terms or the AUP, protect infrastructure, systems or other customers, comply with legal or regulatory requirements, or mitigate security risks or abuse. Any such suspension or termination may result in loss of access or data, for which the Company shall not be liable.

The Company shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to governmental actions, war, natural disasters, labor disputes, failures in telecommunications, third-party services, software or hardware failures or power outages, and such events shall not constitute a breach of contract.

The Company shall not be liable for any damage, interruption, degradation or loss of Services caused by third parties, including but not limited to DDoS attacks, hacking, malware or unauthorized access.

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential or special damages, including but not limited to loss of profits, loss of data or business interruption; the total liability of the Company shall be limited to the amount paid by the Customer for the Services during the twelve (12) months preceding the event giving rise to the claim; the Company does not guarantee that the Services will be uninterrupted, secure or error-free; and the Company shall not be liable for any loss, corruption or deletion of data, including as a result of suspension or termination of Services.

The Customer shall indemnify and hold harmless the Company against any claims, damages or losses arising from the Customer’s use of the Services or violation of these Terms or the AUP.

The Company does not provide Services to individuals or entities residing in, located in, or otherwise associated with jurisdictions subject to comprehensive international sanctions, including the Islamic Republic of Iran and the Republic of the Union of Myanmar (Burma).

The Customer represents and warrants that they are not designated on, or otherwise subject to, any applicable sanctions lists maintained by the United Nations, the European Union, the United States (OFAC), or the Swiss authorities (SECO), and that their use of the Services does not violate any applicable sanctions, export control laws, or regulations.

The Company may apply automated systems to assess risk and classify Customers or activity profiles for security, fraud prevention, or compliance purposes. Based on such assessment, the Company may apply restrictions, including limiting access to certain features or Services.

The Company may, at its sole discretion, request verification of the Customer’s identity, residency, contact details, or intended use of the Services for security, fraud prevention, or compliance purposes, including requests for additional information or supporting documentation. The Customer agrees to provide accurate and complete information and to cooperate with any such requests, and failure to comply, or provision of false or misleading information, may result in refusal of service, suspension, or termination of the Services.

The Company may refuse, suspend, or terminate Services where necessary to comply with applicable sanctions, export control laws, payment provider requirements, or internal compliance policies, or where the Customer or their use of the Services is reasonably suspected of being in violation of such requirements.

The Company reserves the right, at its sole discretion, to refuse, suspend, restrict or terminate the Services, with or without prior notice, in cases of non-payment or overdue invoices, violation of these Terms or the AUP, risks to infrastructure, security or network stability, or legal or regulatory requirements. Such suspension or termination may result in loss of access to Services and deletion of data, for which the Company shall not be liable.

The Customer may terminate the contract prior to automatic renewal by providing notice in accordance with these Terms, in which case the contract shall terminate at the end of the current billing period. Fixed-term contracts cannot be terminated prior to expiration unless otherwise agreed. The Customer is responsible for ensuring correct payment of invoices, and no refunds shall be provided in the event of overpayment, early termination or unused Services unless otherwise agreed in writing.

These Terms shall be governed by and construed in accordance with the laws of Switzerland. The place of jurisdiction shall be the registered seat of the Company, unless mandatory law provides otherwise.

The Company reserves the right to modify or update these Terms at any time. Updated versions shall become effective upon publication on the Company’s website or upon notification to the Customer. The Company will make reasonable efforts to inform Customers of material changes.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms, together with the Acceptable Use Policy (AUP), constitute the entire agreement between the parties and supersede all prior communications or agreements.

Document: Terms of Service. Rev. 1.2, last update: 8 Apr. 2026

This Acceptable Use Policy (“AUP”) governs the use of Services provided by the Company. By using the Services, the Customer agrees to comply with this AUP.

The purpose of this AUP is to define and prevent activities that may harm the Company, its customers, or the Internet community. The Services may only be used for lawful purposes and in accordance with applicable laws and regulations.

The Customer shall not use the Services for any illegal, abusive, or harmful activity. The Customer is responsible for all use of the Services, including use by third parties authorized or permitted by the Customer.

The Customer shall not access or use the Services through anonymization technologies, including VPN or proxy connections (except where expressly permitted by the Company), or engage in any activity through remote proxy connections.

The Customer shall not use the Services in a manner that may harm the Company’s infrastructure, network integrity, or reputation, including any activity that may result in blacklisting of the Company’s IP addresses or network.

The list of prohibited activities below is non-exhaustive, and the Company reserves the right to determine, at its reasonable discretion, whether specific use constitutes a violation.

The Customer shall not use the Services to transmit, distribute, or facilitate unsolicited bulk or commercial communications (“spam”), including hosting or promoting websites advertised through spam, configuring systems to send or relay unsolicited messages, or receiving responses to such messages, or otherwise cause harm or security breaches to systems, networks or third parties.

The Customer shall not distribute or make available any data containing viruses, Trojan horses, worms, spyware, adware, or any other malicious or harmful software.

The Customer shall not distribute or make available any content that is harmful to minors, including any form of child exploitation or abuse material, or that is offensive, hateful, or promotes discrimination based on protected characteristics.

The Customer shall not distribute content that promotes violence, illegal activity, fraudulent behavior, or violates consumer protection laws, or that is threatening, abusive, or infringes on the privacy or rights of others.

The Customer shall not distribute content that poses a risk to individual safety, public health, or national security, interferes with law enforcement activities, or promotes illegal drugs or substances that are widely recognized as being abused.

The Customer shall not use the Services to host, distribute, or promote copyrighted material without proper authorization, pirated or cracked software, hacking tools, or instructional materials facilitating such activities, or any copyrighted media without rights to distribute.

The Customer shall not engage in phishing, identity theft, or other fraudulent schemes, nor operate IRC-related services, proxy or VPN services, or HYIP programs or similar high-risk financial schemes.

The Customer shall not engage in any activity that interferes with or disrupts systems, networks, or services, including unauthorized access, attempts to bypass security measures, monitoring or intercepting data without authorization, or use of systems without permission.

The Customer shall not perform vulnerability scanning, port scanning, or probing without authorization, nor engage in deliberate attempts to overload systems, including denial-of-service (DoS or DDoS) attacks.

The Customer shall not use the Services in a manner that excessively consumes or monopolizes system resources, including CPU, memory, storage, or network bandwidth, in a way that negatively impacts other users or the stability of the infrastructure.

The use of Services for cryptocurrency mining is strictly prohibited.

The Company reserves the right, at its sole discretion, to suspend, restrict, or terminate Services without prior notice in the event of a violation of this AUP.

The Company may take immediate action, including temporary suspension, traffic filtering, or other technical measures, to prevent ongoing violations or mitigate risks. Such actions may be taken independently of billing-related suspension rules.

Such enforcement actions may result in loss of access to Services and deletion of data, in accordance with the Terms of Service.

The Customer must promptly respond to abuse complaints and cooperate with the Company in resolving any reported violations.

The Customer may be held liable for any damages, losses, or claims arising from violations of this AUP.

If you become aware of any violation of this AUP, you are encouraged to report it to the Company. The Company will investigate and take appropriate action.

The Company may cooperate with law enforcement authorities and disclose information where required by applicable law.

The Company reserves the right to modify this AUP at any time. Updated versions shall become effective upon publication. Customers are encouraged to review this page periodically.

Document: Acceptable Use Policy. Rev. 1.2, last update: 8 Apr. 2026