Terms & Conditions of VYKIX

These Terms and Conditions (the "Terms") constitute a legal agreement between you and VYKIX, Guimarães, Portugal ("VYKIX, "we," "our," or "us") governing the Use of our website and Services (collectively, "Platform"). The terms "you," "your," "User," or "customer" shall refer to any individual or entity who accepts this Agreement, has access to your Account, or uses the Services.

1. Terms of Use

1.1. The provisions in these Terms govern your access to and Use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. You must not use our Platform if you disagree with such terms. 

1.2. Subject to your agreeing to abide by these Terms, we now grant you a revocable, non-exclusive, and non-transferable license to use our Platform on these Terms.

1.3. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for successful registration and using our Platform, you agree and acknowledge that: 

1.3.1. You have read the terms set out in these Terms and agree to be bound by and comply with them; and

1.3.2. You shall ensure that all Account users abide by these Terms. 

1.4. You are responsible for maintaining the confidentiality of your Account and for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so. We are not responsible for any loss, damage, or liabilities arising from or in connection with the wrongful, fraudulent, or illegal Use of your Account.

1.5. We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time or remove or edit content (including content submitted by you) on our Platform or any of our affiliated Platforms (including social media pages). 

1.6. We reserve the right to change, modify, suspend, or discontinue any portion of the Services or any other products, services, affiliated Platforms (including social media pages), and other software provided by us in connection with any of the preceding at any time. You agree that access to or operation of any preceding may occasionally be interrupted or encounter technical difficulties.

1.7. Save to the extent permitted by us in writing, you are not allowed to use or submit any content to our Platform or any affiliated Platforms to advertise, promote or market any products or services of any third party or yourself.

2. Eligibility

2.1. This Site and the Services are available only to individuals or entities ("Users") who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services.

2.2. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement; if, after your electronic acceptance of this Agreement, VYKIX finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. VYKIX shall not be liable for any loss or damage resulting from VYKIX's reliance on any instruction, notice, document, or communication reasonably believed by VYKIX to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, VYKIX reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent, and anyone who uses your Account or the Services, whether or not authorized by you.

2.3. You can only order the services once you have successfully registered an account with us. When creating your first order with us, an account will be automatically registered from your supply details. Information you provide while registering an account must be complete and accurate. You agree that we may block access to your Account and the services we supply if we reasonably believe the information you provided needs to be adjusted. 

2.4. You can only submit an order once you have registered a payment method on your Account.

2.5. You can view copies of the invoices we have sent you and details of what you have purchased from our Platform by logging into your Account.

2.6. After placing an order, you will receive an email from us accepting your order and, if appropriate, letting you know that the Service you have purchased has been activated ("acceptance confirmation"). Your order constitutes an offer to us to buy our services, and all orders are subject to acceptance by us. The contract between us ("contract") will only be formed when we send you the acceptance confirmation. We may also decline your order for the services for any reason, in which case we will tell you so.

In accordance with 2.1. of VYKIX's Terms and Conditions, "This Site and the Services are available only to individuals or entities ("Users") who can form legally binding contracts under applicable law." Also, both Portugal, in its Civil Code, and the European Union, in Article 2 of the Principles of European Contract Law (PECL), have long recognized that a legally binding contract can not be formed on the grounds of providing fictional information about one's identity. As such, a contract created or amended to center on fictitious information or phony identifying details fails to be legally binding and is, as such, void.

Further, both Portugal and the European Union also recognize the doctrine of fraudulent misrepresentation. Such a request to amend an existing contract to hold, bare, or consist of fictitious information or phony identifying details is unlawful and, besides being voidable, is seen as a clear attempt to knowingly make a fraudulent statement for the sole purpose of misleading the other party. This, in consequence, is generally considered to no longer be enforceable but would further enable VYKIX to sue for damages incurred.

Therefore, is it without a doubt clear that the customer, if they provide fictitious details, is not entering into a legally binding contract or, as in this scenario, wishes to amend an existing contract by making a fraudulent statement. Unless the provided details can be sufficiently verified and the customer is capable of demonstrating that the newly offered details identify an existing legal person with whom a contract can be lawfully entered, it is suggested to terminate the said contract and to further the matter if VYKIX has incurred damages as a result of the fraudulent statement.

3. Subscription Payment and Refunds

3.1. Some Services may require payment of subscription fees and other ad-hoc or ancillary fees before you can access or use them ("Fees"). These Fees will be notified to you through our Platform. 

3.2. If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period until terminated successfully through our Platform. By purchasing the recurring subscription, you authorize us or our related corporations to charge the Fees automatically: 

3.2.1. Upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and 

3.2.2. On the renewal date of the subscription period after that, without any further action by you. 

3.3. Any Fees due concerning your Account must be paid by their due date for payment, as notified to you through our Platform or otherwise. Failure to promptly pay the Fees may result in suspending or terminating your access to your Account and our Platform or any of the Services. 

3.4. Our Fees may be amended occasionally at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees. 

3.5. Under these Terms, You shall be responsible for applicable taxes (including any goods and services tax).

3.6. All payments shall occasionally be made using the specified payment methods. 

You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption, or error with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

3.7. We must receive payment in full by the day such payment is required in immediately available and freely transferable funds without any restriction, condition, withholding, deduction, set-off, or counterclaim. 

3.8. Unless otherwise notified in writing by us, termination of your Account for any reason shall not entitle you to any refund of the Fees. If you cancel your subscription to our Platform, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.

4. Minimum Term

4.1. Our Bare Metal Dedicated Server Groups entail an optional minimum term subscription package (6 Month Commitment). The minimum term is six months (the "Minimum Term") and is outlined during the Order Process. Following the expiry of the Minimum Term, the subscription converts to a rolling one-month subscription. 

4.2. Upgrades or Downgrades during Minimum Term If you upgrade/downgrade from one Service as specified on Your Order Process to another Service or charging option, the Charges for the higher/lower option (as applicable) will apply immediately. You will be given a new Minimum Term, which will take effect from the date the upgrade/downgrade is used, and in the case of a downgrade, a downgrade fee of up to 60% of the initial service fee may apply where relevant. We will advise you of any applicable downgrade fee on Your request to downgrade Your Service to another Service or charging option.

5. Cancellation Policy

5.1. Cooling Off/ Right to Cancel

5.1.1. Following Directive 2011/83/EU, you have the right to cancel your contract within fourteen days after the conclusion of the contract without providing any reasons. 

5.1.2. To exercise your right to cancel your contract, you must notify us utilizing an explicit declaration (e.g., a letter sent by mail, email, or via your Account) of your decision to cancel your contract. 

5.1.3. You can use the EU's Model withdrawal form template or any other format. However, it is sufficient to send a worded notification that you wish to exercise your right of cancellation before the cancellation deadline.

5.1.4. If you cancel your contract, we will immediately or, at the latest, fourteen days from receiving the cancellation notice, refund all payments we have obtained from you except for any transaction Costs. Unless we mutually agree otherwise, this refund will use the same payment method you used in the original transaction. Under no circumstances is the Customer charged any fees for this refund.

5.1.5. If you have already begun using our services at the time of cancellation, we will deduct the corresponding amount of the days used on our services from the refund.

5.2. Cancellation after Cooling Off

5.2.1. The provision of the Services will remain in effect until canceled.

5.2.2. You are entitled to cancel the Services by contacting us at least one working day before the renewal date for your Services.

5.2.3. You may cancel your contract with us, through your Account, by letter and email. Once we accept your cancellation request, you will be provided with written confirmation of cancellation. 

5.2.4. Cancellation requests by letter and email must be received at least three working days before your renewal date. 

5.2.5. Cancellation requests will only be deemed received and accepted once We have issued our written confirmation to you.

5.2.6. We reserve the right to cancel and withdraw Your Service at any time without reason by giving you 30 days written notice.

5.2.7. If we choose to cancel the services we provide to you for any reason other than a breach of the terms of this Agreement by you, we will refund you on a pro-rata basis.

5.2.8. If services are suspended temporarily, or any features, applications, scripts, or programs are deactivated to ensure the services' stable operation and integrity, you will not be entitled to a refund.

6. Pricing and Chargebacks and Fair use Bandwidth Policy

6.1. We reserve the right to modify prices and specifications without prior notice. Our prices change frequently, and it is the Customer's responsibility to check them carefully regularly and before placing an order.

6.1.1. Suppose a customer's active service/product is priced higher than advertised due to our prices changing frequently. In that case, the Customer may terminate/cancel the existing Service and place a new order for the Service at the updated rate.

6.1.2. We will notify customers at least two months before any planned price increases for our services.

6.1.3. This notification will be emailed to the address on file for the Customer's Account. The Customer is responsible for ensuring that their contact information is up to date and checking their emails regularly. Customers who do not wish to continue their Service at the new price may cancel before the price increase occurs.

6.1.4. You agree to contact VYKIX before raising a chargeback request or any dispute with your bank or card issuer concerning any Transaction. Suppose you pay through VYKIX and later dispute a legitimate charge by submitting a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise. In that case, we reserve the right to blocklist you by providing compelling evidence to refute your invalid chargeback request and pursue legal action, as the case may be.

6.1.5. VYKIX actively monitors the bandwidth usage of all clients to maintain network integrity and performance.

6.1.6. We utilize various tools and systems to measure and track bandwidth consumption on all our services.

6.1.7. We enforce a Fair use Bandwidth Policy in line with our commitment to providing all clients with a fair and optimal user experience.

6.1.8. We expect clients to utilize up to 20% of their allocated port capacity on all our services.

6.1.9. Extreme sustained usage, at VYKIX's discretion, may result in port rate limiting or traffic shaping.

6.2. If you require higher bandwidth than the allocated capacity, please contact us before placing your order.

6.2.1. We will work with you to accommodate your specific bandwidth requirements and offer appropriate solutions.

6.2.2. If a client exceeds the allocated port capacity, VYKIX will communicate with the Customer before implementing additional charges.

6.2.3. We will discuss bandwidth usage before implementing charges and explore suitable options with the Customer.

6.2.4. If it is determined that additional bandwidth usage beyond the allocated capacity is required, a charge of 3 EUR per terabyte (TB) of bandwidth will be applied. Please familiarize yourself with our Fair Use Bandwidth Policy. By using our services, you agree to comply with these terms.

7. Account Suspension and Termination 

7.1. Subject to subclause 3.3, the following applies:

7.1.1. If an invoice is not paid one day after the due date (on all our services), the Account will be suspended, and the specific services will be taken offline.

7.1.2. The invoice is updated and re-sent and incurs interest based on 5% plus the Banco de Portugal base rate; and

7.1.3. If an invoice is not paid two days after the due date, the services will be automatically terminated, and their backups will be deleted permanently.

7.2. VYKIX reserves the right, at its sole discretion, to suspend or delete user accounts that it deems inappropriate, offensive, or in violation of these terms at any time and without notice.

7.3. At our discretion, we will determine whether there has been a breach of our acceptable use requirements through your Use of our Platform. When a breach of this Agreement has occurred, we may act as we deem appropriate. 

7.4. Failure to comply with this acceptable use policy constitutes a material breach of these Terms and Conditions upon which you are permitted to use our Platform. It may result in our taking all or any of the following actions:

7.4.1. Immediate temporary or permanent withdrawal of your right to use our Platform;

7.4.2. Immediate temporary or permanent removal of any Services rendered;

7.4.3. Issuance of a warning to you;

7.4.4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;

7.4.5. Further legal action against you; and/or

7.4.6. Disclosure of such information to law enforcement authorities as necessary.

7.5. We exclude liability for actions taken in response to this acceptable use policy breaches. 

The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

8. Uploading Content 

8.1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform complies with any applicable laws.

8.2. You are fully responsible for the content uploaded to our Platform. We will not be responsible or liable to any third party for the following:

8.2.1. The content or accuracy of any content or data uploaded by you, by us on your behalf, or by any other user of our Platform; or

8.2.2. The Loss of any content or data you provided us. You should keep a record of all such content and data. 

8.3. We will only use the content uploaded by you to carry out the Services, carrying out our obligations in this Agreement, and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction, or any governmental or regulatory authority. 

8.4. We may use the content uploaded by you for data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymized and used only to improve the Services and our response to users of the Platform. 

8.5. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.

8.6. We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with the content standards set out.

9. Prohibited uses and Acceptable Use 

9.1. You may use our Platform only for lawful purposes. You may not use our Platform:

9.1.1. In any way that breaches any applicable local or international laws or regulations;

9.1.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

9.1.3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and

9.1.4. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, DDoS, port-scan, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to affect the operation of any computer software or hardware adversely.

9.1.5. Any tunneling or VPNs to resell VYKIX bandwidth or protection, as well as creating tunnels (GRE, IPIP, WG, etc...) to other providers with the express purpose of providing remote DDoS protection.

9.2. You also agree:

9.2.1. Not to reproduce, duplicate, copy, or resell any part of our Platform and Services in contravention of the provisions of our Terms; and

9.2.2. Not to access without authority, interfere with, damage, or disrupt:

9.2.3. Any part of our Platform;

9.2.4. Any equipment or network on which our Platform is stored; 

9.2.5. Any software used in the provision of our Platform; or 

9.2.6. Any equipment, network, or software owned or used by any third party.

9.2.7. Not to undervolt/overclock or otherwise modify the BIOS of the servers.

9.2.8. Not to mine or run any stress-test service such as Prime95..

9.3. Any actions contravening the preceding will result in the immediate suspension and termination of this Agreement and claims for damages and costs of repair if our servers are damaged due to your actions.

10. Restrictions

10.1. Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:

10.1.1. Not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit, or use the whole or any part of any Service, our Platform, or any of the contents therein for any commercial or other purposes; 

10.1.2. Not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;

10.1.3. Not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code, and source code), in any form to any person without prior written consent from us; 

10.1.4. To include our copyright notice on all entire and partial copies you make of our Platform on any medium; 

10.1.5. To comply with all applicable technology control or export laws and regulations; and

10.1.6. Not to disrupt, disable, or otherwise impair the proper working of the Services or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering, or reprogramming. 

10.1.7. Not to modify, alter, firmware adjusts, over or undervolt/overclock, or make any changes to our equipment, servers, or networks accessible to you through our services.

10.1.8. Not capture, maintain, scan, index, share, or use the information on the Services, or otherwise use any data or crypto-mining technology for any non-authorized activity, and shall not permit its agents or subcontractors to do so.

11. Windows Licenses
11.1 Users are strictly prohibited from operating unlicensed, pirated, or otherwise illegal Microsoft Windows products, services, or operating systems. All Microsoft Windows products, services, or operating systems must be activated and licensed in full accordance with the relevant legal requirements.
11.2 Users are fully accountable for the services they choose to utilize. Any user found operating unlicensed Microsoft Windows products, services, or operating systems through discovery or reports will be subject to immediate suspension and subsequent investigation by the appropriate authorities. Users will also be liable for any resulting damages from such unauthorized usage.
11.3 It is imperative to acknowledge that users are solely accountable for the validity and proper utilization of Windows licenses. Strict compliance with the terms and conditions stipulated in the Windows license is mandatory to mitigate potential liabilities.
11.4 In instances where users request Windows as their operating system, we will install the Microsoft Windows Server Trial/Evaluation version provided by Microsoft. However, users must acquire the requisite license by Microsoft's guidelines to activate and license this software correctly.

12. Web Hosting

12.1. We do not:

12.1.1. Allow the hosting of illegal or nulled sites.

12.1.2. Allow Email spamming of any kind.

12.2. Your failure to comply with these requirements will result in your immediate suspension and termination of this Agreement without any refund due to you.

13. Game Servers

13.1. your Game Server will have the corresponding RAM depending on your selected plan.

13.1.1. You understand and acknowledge that:

13.1.1.1. The total amount of RAM you choose may not always be useable as factors such as active background processes and other usages, such as specific plugins, consume RAM capacity.

13.1.1.2. For our Game Servers, unlimited slots do not necessarily mean that your Service can handle unlimited players.

13.1.1.3. Your usage may be limited or suspended without warning if, for example, your use of our services causes other user's issues for example, excessive CPU/disk space usage.

13.1.1.4. Our services, including but not limited to disk space and CPU usage, are subject to our fair use rules. If your disk space utilization exceeds the limits outlined in our fair use, you will be promptly notified via a ticket on our billing panel. In such cases, we expect your full cooperation in addressing the issue and working with us to find a resolution.

13.1.1.5. Automatic backup plugins or the use of plugins/mods which allow you to run multiple servers on the same Service are not allowed.

13.1.1.6. Large folders, logs, and backups may be purged if other users experience issues or distribution due to them.

13.1.2. The following amounts to Abuse and is strictly prohibited and will result in your immediate suspension and termination of this Agreement without any refund due to you.

13.1.2.1. Using plugins or files that increase your RAM allocation.

13.1.2.2. Excessively high CPU/disk space usage.

13.1.2.3. Huge files such as backups.

13.1.2.4. Attempting to gain unauthorized access.

13.1.2.5. Circumvention of RAM restriction.

13.1.2.6. Using a non-Game Server file.

13.1.2.7. Using your Service to host non-Game Server-based services such as websites.

13.1.2.8. Plugins such as botnets and backup plugins.

14. Free Services

14.1. Web hosting and Discord bot hosting packages are free for your subscription to our Game Servers, VDS, or Bare Metal Dedicated Servers. The free services will end on the same day once you delete or cancel your subscription/contract/term.

14.2. MySQL Services. As part of your subscription to any of our Game Servers, you are entitled to 1 free MySQL Database. Once you delete or cancel your subscription to a Game Servers plan, the free services will end on the same day. We are not liable for any data loss or data corruption that may occur. You understand that using our MySQL Services is subject to our fair use rules and is limited to 20GB. You accept that 20GB is the limit and that you may be unable to use all of the capacity as our Fairs Use rules may restrict you otherwise.

14.3. You may not use any of our free services for any other purpose than expressly provided by us.

14.4. You acknowledge that using our Free Services is discretionary and that any abuse of our offers will immediately suspend our free services.

14.5. Use of Free Services is subject to the terms and conditions of this Agreement.

14.6. You agree that we, in our sole discretion and for any or no reason, may terminate your access to the Free Services or any part thereof.

14.7. You agree that any termination of your access to the Free Services may be without prior notice, and we will not be liable to you or any third party for such termination.

14.8. The free services are provided "as is" without any warranty, and we shall have no indemnification obligations nor liability of any type concerning the free services unless such exclusion of liability is not enforceable under applicable law.

15. Domain Selling Services
15.1 VYKIX registers domain names in the capacity of the official Registrar and acts as an intermediary between the Customer and the registry or any other company/organization that acts as an authorized registrar or is responsible for managing the central database. VYKIX does not influence the distribution of domain names.

15.1.1 The customer/user and/or future owner of the domain names must read, understand, and agree with the Management and Assignment Regulations of the respective registry and/or cooperating companies/organizations for the endings (TLDs) of domain names it chooses, as well as all their latest modifications.

15.1.2 By registering domain names through VYKIX, the Customer confirms that he has read and agrees with the terms and conditions provided by the respective registry and/or partner companies for the management and assignment of TLDs.

15.1.3 The Customer confirms that the information it provides to VYKIX is true and accurate and that it does not, with its knowledge, violate the rights of third parties.

15.1.4 The Customer further accepts the Registrant's rights and obligations as shown on the official ICANN site. FYI, all registries that follow ICANN policy are listed here.

15.2 VYKIX completes the vesting for a Customer after confirmation of their payment.

15.2.1 VYKIX has no responsibility if, during, before, or after the payment of the Customer's order, the domain name he has chosen has been registered by someone else. If this happens, the Customer can search for and register another domain or request a refund.

15.3 Some TLDs must be renewed certain days before the expiration date.

15.4 Transactions concerning domain names (e.g., indicative and not limiting: renewal, change of owner, change of Registrar, etc.) are considered executed upon confirmation of payment by VYKIX. From this point on, the transaction is considered final, and the Customer acknowledges that he has lost the right to withdraw and refund, as defined by current legislation.

15.4.1 When a domain name expires, in most cases, it enters a "quarantine" period during which only the existing owner has the right to renew it. The Customer can be informed about the quarantine period of a domain name from VYKIX's price list page or after contacting VYKIX's Service Department. If there is no quarantine period, the domain name either goes directly to a redemption period or is deleted according to the regulations of the respective registry.

15.4.2 The domain name is deleted at the end of the quarantine period or directly after the expiration of the domain name (if there is no quarantine period). It enters a state of "redemption," which lasts approximately 40 days. The Customer must and can be informed about the "redemption" duration of a domain name after contacting VYKIX's Support Department.

15.4.3 VYKIX cannot guarantee the renewal of a domain name by redemption, so the Customer is recommended to renew his domain name before its expiration date.

15.4.4 The cost of renewal from quarantine remains the same as the cost of renewing a domain name before it expires. For domain name renewal by "redemption," the redemption fee is added to the renewal cost, which varies according to the suffix and is displayed for the Customer's information on the price list page.

15.4.5 In the event that the price is not apparent, the Customer must contact VYKIX's Support Department to find out about the total cost of renewal by redemption for the domain name he is interested in.

15.4.6 The Customer acknowledges that the redemption period and the renewal costs vary depending on the destination, and it is the Customer's responsibility to know the particular registry terms for the domain names it owns.

15.5 A domain name can be deleted for reasons other than its expiration, such as, e.g., because the wrong owner information was entered or because the WHOIS/owner information was not confirmed to the Registrar within 15 days. At the end of the 15 days and in the case of not sending the necessary information on time, the Registrant has the right to delete the domain name. In this case, the domain name goes into Registrar Hold (or Client Hold) status, ceases to function, and can only be transferred once the Registrant submits accurate and up-to-date WHOIS information.

15.5.1 The domain name owner should send official documents to certify the authenticity of his details (e.g., identity card or passport) so that the Registrar can restore a domain name. In particular, in cases of illegal or impermissible activity, the Registrar reserves the right to cease operation (Registrar Hold or Client Hold) and to proceed with the deletion of a domain after receiving a court order or decision or decision of an arbitration court, which requires such action as well as in the cases required by the applicable national and European legislation.

15.5.2 The domain name owner should send official documents to certify the authenticity of his details (e.g., identity card or passport) so that the Registrar can restore a domain name.

15.5.3 In particular, in illegal or unauthorized activity cases, the Registrar reserves the right to cease operation (Registrar Hold or Client Hold) and delete a domain name even after confirming the owner's details.

15.6 VYKIX and its affiliates, officers, directors, employees, agents, partners, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, or data, or other intangible losses, resulting from (1) the use or the inability to use the Service; (2) the cost of procuring substitute goods and services; or (3) unauthorized access to or alteration of your transmissions or data through the Service, even if VYKIX has been advised of the possibility of such damages. VYKIX will not be liable for any damages arising from interruption, suspension, or termination of the Service, including, but not limited to, direct, indirect, incidental, special consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, careless, or advertent.

15.7 VYKIX's entire liability, and your exclusive remedy, in law, in equity, or otherwise, concerning any services provided under these terms and/or for any breach of these terms is limited to the amount you paid to VYKIX for the Service.

16. Intellectual Property Rights

16.1. You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them following these Terms.

16.2. Any intellectual property rights in content uploaded to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights to perform the Services, promotional purposes, internal administrative purposes, and any other purposes set out in these Terms, including to improve the Services and our responses to users of the Platform. 

16.3. You acknowledge that you have no right to access our Platform in source code form.

16.4. Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.

16.5. You must not use any part of the content on our Platform for commercial purposes not specified on our Platform without obtaining a license from us or our licensors. 

17. Submissions

17.1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights. We shall be entitled to the unrestricted Use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

17.2. You now waive all moral rights to any such Submissions, and you now warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

18. Privacy

18.1. For applicable data protection legislation, VYKIX will process any personal data you have provided us following our Privacy Policy available on the VYKIX Platform.

18.2. You agree that if you have provided VYKIX with personal data relating to a third party, (a) you have in place all necessary, appropriate consents and notices to enable the lawful transfer of such personal data to VYKIX and (b) that you have brought to the attention of any such third party the Privacy Policy available on the VYKIX Platform or otherwise provided a copy of it to the third Party. You agree to indemnify VYKIX concerning all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.

19. User Data

19.1 We will maintain specific data that you transmit to the Platform to manage the Platform and data relating to your Use of the Platform. Although we perform routine data backups, you are solely responsible for all data you transmit or related to any activity you have undertaken using the Platform. 

19.2 You agree that we shall have no liability to you for any loss or corruption of any such data, and you now waive any right of action against us arising from any such loss or corruption of such data.

20. Modifications to Terms

20.1. VYKIX may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly.

20.2. Changes will only apply retroactively and become effective 14 days after they are posted. If You do not agree to the modified terms for the Service, you should discontinue your Use of our Platform. 

20.3. No amendment to or modification of this Agreement will be binding unless (a) in writing and signed by a duly authorized representative of VYKIX, (b) You accept updated terms online, or (c) You continue to use the Service after VYKIX has posted updates to the Agreement or any policy governing the Service.

21. Corrections

There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time without prior notice.

22. Availability of the Platform

22.1. The Platform is provided "as is" and "as available." We give no warranty that the Service will be free of defects or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility, and satisfactory quality.

22.2. VYKIX accepts no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

23. Disclaimers

23.1. VYKIX makes no warranty or representation that the Platform will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We do not guarantee any specific results from the use of our Service.

23.2. No part of this Platform is intended to constitute advice, and the Content of this Platform should not be relied upon when making any decisions or taking any action.

23.3. We do not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the Platform, hyperlinked Platform, or any Platform or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. 

23.4. As with purchasing a product or Service through any medium or environment, you should use your best judgment and exercise caution where appropriate.

23.5. The images displayed on this website are intended for illustrative purposes only and may not accurately reflect the product specifications.

23.6. VYKIX assumes no responsibility for any errors or inaccuracies published on this website. The information provided, including text and images, is intended solely for informational purposes and cannot be used as grounds for canceling an agreement or requesting a refund.

23.7. This website may feature images or references to various brands and products. Please note that any such references and images of brands in pictures are solely for illustrative purposes and do not imply any endorsement, sponsorship, or affiliation with the respective companies. All trademarks, registered trademarks, product names, and company names mentioned herein are the property of their respective owners. Using trademarks, logos, images, or brand names on this website is purely for informational and descriptive purposes. We do not claim rights or ownership over these trademarks or intellectual property.

23.8. We reserve the right to modify prices and specifications without prior notice. Our prices change frequently, and it is the Customer's responsibility to check them carefully regularly and before placing an order.

24. Warranties

24.1. While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services and all Related Content on an "as is" and "as available" basis unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any preceding unless otherwise specified in writing. 

24.2. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, the Related Content, or electronic communications we sent are free of viruses or other harmful components.

25. Limitation of liability

25.1. We are not liable for the completeness, accuracy, or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your Use of the Services and our Platform is at your sole risk. 

25.2. You agree not to use the Services and the Related Content for resale purposes. We have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services or any other Platform or software) for:

25.2.1. Loss of profits, sales, business, or revenue;

25.2.2. Business interruption;

25.2.3. Loss of anticipated savings;

25.2.4. Loss or corruption of data or information;

25.2.5. Loss of business opportunity, goodwill, or reputation; or

25.2.6. Any other indirect or consequential loss or damage.

25.3. Nothing in these Terms shall limit or exclude our liability for:

25.3.1. Death or personal injury resulting from our negligence; 

25.3.2. Fraud; or any other matter in which we are prohibited under applicable law from limiting or excluding our liability.

25.4. These Terms outline the full extent of our obligations and liabilities regarding the Services and our Platform supply. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, binding on us. Any condition, warranty, representation, or another term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms, whether by statute, common law, or otherwise, is excluded to the fullest extent permitted by law.

26. Indemnity

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors, and assigns harmless from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your Use of our Platform, Services, or any Platforms or software concerning that or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise. 

27. Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing our obligations under this Agreement where that failure or delay results from any cause beyond our reasonable control. Such causes include but are not limited to power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, or another natural disaster, or any other event that is beyond our reasonable control.

28. Dispute Resolution

28.1. The Parties shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between their appointed representatives with the authority to settle such disputes.

28.2. If negotiations do not resolve the matter within 15 business days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution ("ADR") procedure. If the ADR procedure does not resolve the matter within 15 business days of initiating that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.

28.3. The arbitration shall be governed by the Voluntary Arbitration Law 63/2011 of 14 December (VAL) as agreed between the Parties. If the Parties are unable to decide on the arbitrator(s) or the Rules for Arbitration, either Party may, upon giving written notice to the other Party, apply to the President or Deputy President for the time being of the Chartered Institute of Arbitrators of Portugal for the appointment of an arbitrator or arbitrators and for any decision on rules that may be required.

28.4. The Parties now agree that the decision and outcome of the final method of dispute resolution under this Clause shall be final and binding on both Parties.

29. Other important terms

29.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms. 

29.2. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

29.3. No joint venture, partnership or agency, or employment relationship has arisen because of these Terms.

29.4. These Terms and any document expressly referred to in it constitutes the entire Agreement between us regarding their subject matter and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies for any statement, representation, assurance, or warranty (whether made innocently or negligently) not set out in these Terms or any document expressly referred to. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to.

29.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, which will not mean that we will automatically waive any later default by you. 

29.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides they are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 

29.7. This Agreement (including any non-contractual matters and obligations arising from that place or associated in addition to that) shall be governed by and construed following the laws of Portugal.

29.8. Subject to the Dispute Resolution provisions above, any dispute, controversy, proceedings, or claim between the Parties relating to this Agreement (including any non-contractual matters and obligations arising from that place or associated in addition to that) shall fall within the jurisdiction of the courts of Portugal.