Terms of Service

1. Scope of Services

heartbeat.systems provides online services where customers can rent gameservers and play on them. We reserve the right to withdraw or amend our Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

2. User Accounts

To access some of the resources the Site offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

3. User Conduct and Obligations

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Germany or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate heartbeat.systems, a heartbeat.systems employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm heartbeat.systems or users of the Site or expose them to liability.

4. Payments, Subscriptions, Renewals, and Refunds (if applicable)

heartbeat.systems is a company based in Germany offering subscription-based online services where customers can rent gameservers. Our services are offered with various billing cycles, ranging from one (1) week to one (1) year.

Certain services on the Site may be subject to payment. All fees are quoted in Euros (EUR) and include applicable VAT unless stated otherwise. You are responsible for paying all fees and applicable taxes associated with our services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

Subscription Renewals: Subscriptions can be set to renew automatically. If automatic renewal is enabled, your subscription will be renewed indefinitely for the originally agreed-upon contract period (e.g., weekly, monthly, or yearly) unless cancelled. You can manage or disable automatic renewals at any time through your account settings in your user dashboard or by contacting support.

Cancellation Policy: You can cancel your subscription at any time through your user dashboard or by contacting our support team. Any subscription-based service is cancellable at any time, with the cancellation taking effect at the end of the agreed-upon contract duration. There is no minimum notice period required for cancellation beyond adhering to the current contract term.

Refund Policy: Refunds are handled on a goodwill basis. For German customers, the statutory right of withdrawal (Widerrufsrecht) allows for cancellation within 14 days of the initial purchase for online contracts. If services have been consumed during this 14-day period, the value of the consumed services will be subtracted from the refund amount. After the initial 14-day period, or for customers not covered by such statutory rights, paid services can only be cancelled effective at the end of the current contract period, and refunds for the remaining term are generally not provided unless otherwise agreed upon by heartbeat.systems on a goodwill basis. Please contact our support for refund requests.

5. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), as well as the server hosting services and any related software or infrastructure provided by heartbeat.systems, are owned by heartbeat.systems, its licensors, or other providers of such material and are protected by German and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Essentially, anything you can see, use, or interact with on the website or as part of our direct service offering is the intellectual property of heartbeat.systems.

These Terms permit you to use the Site for your personal, non-commercial use only, and to use the services you have purchased as intended. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site or provided as part of our services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

Customer Data and Intellectual Property: Any data, game worlds, configurations, plugins, or other files that you, the customer, upload, create, or store on the services rented from heartbeat.systems (e.g., on your gameserver) remains your intellectual property. heartbeat.systems claims no ownership over your content. You are solely responsible for your content and for ensuring you have the necessary rights to use it. This does not apply if specific content is provided by heartbeat.systems as part of the service, or if other agreements are in place.

6. Disclaimer of Warranties and Limitation of Liability (Haftungsbeschränkung)

The Site is provided on an "AS IS" and "AS AVAILABLE" basis. heartbeat.systems makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, heartbeat.systems disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

heartbeat.systems will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Notwithstanding the foregoing, nothing in these Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive. Liability for intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit) as well as for damages resulting from injury to life, body, or health remains unaffected according to German law.

7. Termination

We may terminate or suspend your access to all or part of the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Governing Law and Jurisdiction

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Germany, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of Germany or the courts of Fuerth, Germany, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

9. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

10. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

11. Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and heartbeat.systems regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Contact Us

If you have any questions about these Terms, please contact us via the details provided on our . contact page