Terms of Service

1. Agreement to Terms

By accessing and using HardBrain's VPS hosting services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

HardBrain Ltd, a company registered in England and Wales (Company No. 16742986) ("HardBrain", "we", "us", or "our") provides virtual private server hosting and related services. These Terms govern your use of our Services and constitute a legally binding agreement between you and HardBrain.

For customers located within the European Union or European Economic Area, these Terms incorporate the mandatory consumer protection provisions of EU law (including Directive 2011/83/EU) and the German Civil Code (BGB). Where national law grants additional rights, those rights remain unaffected.

2. Service Description

HardBrain provides KVM-based virtual private server hosting with the following key features:

• Instant VPS deployment and provisioning
• Full root access and control panel access
• Multiple operating system options
• Automated billing and renewal systems
• 24/7 monitoring and support
• DDoS protection and security features

3. Account Registration

To use our Services, you must:

• Be at least 18 years of age or have parental/guardian consent
• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4. Payment Terms

4.1 Pricing: All prices are listed in US Dollars (USD) and are subject to change with 30 days notice to existing customers.

4.2 Billing Cycle: Services are billed on a monthly basis unless otherwise specified. Payment is due in advance of each billing cycle.

4.3 Payment Methods: We accept major credit cards, debit cards, and other payment methods as displayed on our website. All payments are processed securely through PCI-compliant payment processors.

4.4 Auto-Renewal: Services automatically renew unless cancelled before the renewal date. Your payment method will be charged automatically.

4.5 Late Payments: Failure to pay may result in service suspension or termination. A late fee of $5 or 5% of the invoice amount (whichever is greater) may be applied.

4a. Right of Withdrawal (EU/EEA Consumers)

If you are a consumer resident in the European Union or European Economic Area, you have the statutory right to withdraw from the service contract within 14 days of the original purchase without giving any reason, in accordance with Directive 2011/83/EU as implemented in the laws of the Federal Republic of Germany.

• Withdrawal Notice: To exercise the right of withdrawal you must notify us via email (billing@hardbrain.store) or through the client area ticket system within the withdrawal period.
• Early Service Commencement: If you request immediate provisioning of the service during the withdrawal period, you acknowledge that the right of withdrawal is waived once the VPS has been fully provisioned and delivered.
• Refund Method: Approved withdrawal refunds are credited to your HardBrain Wallet balance and can be applied to future invoices.

5. Acceptable Use Policy

You agree not to use our Services for any unlawful or prohibited activities, including but not limited to:

• Hosting malicious software, viruses, or malware
• Conducting illegal activities or fraud
• Sending spam or unsolicited commercial email
• Violating intellectual property rights
• Mining cryptocurrency without prior written approval
• Port scanning or network attacks
• Hosting adult content without age verification
• Running proxy or VPN services without notification

Violation of the Acceptable Use Policy may result in immediate service suspension or termination without refund.

6. Service Level Agreement (SLA)

6.1 Uptime Guarantee: We guarantee a 99% monthly network uptime for qualifying services. Scheduled maintenance announced at least 24 hours in advance is excluded.

6.2 Compensation: If uptime falls below the guarantee, you may request service credits within 72 hours of the qualifying incident. Credits are issued as HardBrain Wallet extensions:

Credits are available only for accounts in good standing and are applied to the HardBrain Wallet balance. SLA claims can be made once per incident and must be submitted via ticket within 72 hours of the qualifying event.

7. Data and Backups

7.1 Your Responsibility: You are solely responsible for maintaining backups of your data. HardBrain is not responsible for data loss.

7.2 Backup Services: Optional backup services are available for purchase. However, even with backup services, you should maintain your own independent backups.

7.3 Data Retention: Upon service termination, data is retained for 7 days before permanent deletion. It is your responsibility to retrieve your data before termination.

8. Refund Policy

Please refer to our separate Refund Policyfor detailed information about refunds and cancellations.

9. Service Modifications and Termination

9.1 By Us: We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.

9.2 By You: You may cancel your Services at any time through your client portal. Cancellations take effect at the end of the current billing cycle.

9.3 For Cause: We may suspend or terminate your Services immediately for violations of these Terms, illegal activity, or non-payment.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARDBRAIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claims arising from these Terms or your use of the Services shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless HardBrain, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Services or violation of these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. Mandatory consumer protections provided by the law of your country of residence remain unaffected. The competent venue for business customers is Berlin, Germany. For consumers, the statutory venues apply. The EU Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in consumer arbitration proceedings before a dispute resolution body, but we will review each request on a case-by-case basis.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the Services after changes constitutes acceptance of the modified Terms. We will notify you of material changes via email.

14. Contact Information

For questions about these Terms, please contact us: