1. Scope

1.1 These Terms and Conditions (“T&C”) form part of all contracts that marbis GmbH, Griesbachstraße 10, 76185 Karlsruhe (“Nitrado”) concludes with consumers (“Customers”) concerning the subject matter of the contract described in Section 2 below.

1.2 Deviating or supplementary terms and conditions of the Customer shall not apply unless Nitrado has expressly consented to their validity in text form.

2. Subject Matter of the Contract

Nitrado provides servers and administers them. These central computers supply resources and applications via a network and thereby enable multiplayer gaming over the internet (“Game Server Hosting”). Through a central platform, games can be selected, switched, and configured individually. In addition, Nitrado offers voice servers for real-time communication. The scope of services also includes technical measures to ensure availability and data integrity as well as support services. The exact scope of services results from the respective service description.

3. Registration and Customer Account

3.1 Ordering and using Nitrado’s services requires a Customer account. The Customer account is opened by registering on Nitrado’s platform. Upon completion of registration, a service contract between the Customer and Nitrado for the use of the platform (the “Platform Agreement”) is concluded.

3.2 The Customer may terminate the Platform Agreement at any time by deleting the Customer account. Nitrado provides a self-service procedure for this. After receipt of the deletion request, the Customer will receive a confirmation email at the address stored in the Customer account. The request will only be processed further if the Customer confirms it within three days. Upon confirmation, the Customer account is permanently and irrevocably closed. Re-opening is excluded.

3.3 Upon closure of the account, the Customer’s access to the platform expires. The Customer can no longer order or use any services from Nitrado. Any credit already topped up lapses without compensation.

4. Protection of Minors

4.1 Our services are generally available for unrestricted use only to persons of full age with unrestricted legal capacity.

4.2 Minors may use the services only with the consent of their legal representatives, unless the minor effects performance under the contract with means that were provided to them for this purpose or for free disposal by the representative or by a third party with the representative’s consent.

4.3 In such cases, Nitrado is entitled to restrict the scope of use or impose special requirements for the protection of minors.

4.4 To ensure the protection of minors, Nitrado reserves the right to carry out an age-verification procedure or to request suitable proof of the legal representative’s consent. If proof of majority or consent is missing or insufficient, Nitrado is entitled to refuse performance, to terminate the contract, or to block access.

5. Ordering Process

Services may be ordered and used exclusively via the established Customer account. The services advertised on the platform do not constitute a binding offer to conclude a contract; rather, by placing an order via the platform, the Customer submits a binding offer. The order is placed by clicking the button “order“ or a comparable, clearly labelled button. Before submitting the order, the Customer can review and change their entries. The Customer will promptly receive an order confirmation by email. This order confirmation does not yet constitute acceptance of the offer. The contract is concluded either by an explicit declaration of acceptance to the Customer or implicitly by performance of the ordered services. Nitrado does not store the contract text as such (and therefore does not itself make the contract text accessible to the Customer after conclusion of the contract). However, the Customer can save or print the contract text by using the corresponding function of their browser on the overview page; the same applies to these T&C and the respective service description.

6. Prices and Payment Terms

6.1 All prices quoted by Nitrado are total prices including statutory value-added tax, where applicable.

6.2 Nitrado is entitled, after at least twelve months have elapsed since the effective date of the last price change (but not earlier than twelve months after conclusion of the contract), to adjust the remuneration payable by Customers in line with the development of the total costs relevant to the price calculation, acting at its reasonable discretion, by giving at least six weeks’ advance notice before the price change takes effect (the “Change Notice”). Any cost savings will also be taken into account in calculating the total costs. The following elements may affect the calculation of the monthly fee: technical costs such as operation of data centres, hardware and technical service; costs for providing our services such as game server hosting, voice servers, and technical measures to ensure availability and data integrity; customer service costs such as service hotline, billing and IT systems; as well as personnel and service costs, energy costs, general administrative costs such as administration, marketing, rent, and interest; and government-imposed taxes and other charges. The Change Notice will state which cost factors have changed and how this affects the formation of the total price. If Nitrado increases prices by more than 10% of the fee applicable up to the time of the increase, the Customer is entitled to terminate the contract within six weeks of receipt of the Change Notice with effect from the date the price change takes effect (special termination right). If the Customer exercises this special termination right, the price change does not take effect and the contract ends with effect from the date the price change would have taken effect. If the Customer does not terminate or does not terminate in due time, the contractual relationship continues at the new price. Nitrado will inform the Customer in the Change Notice of the special termination right and the consequences of failure to terminate in due time.

6.3 The Customer may top up their Customer account with credit or settle fees using the payment methods offered by Nitrado (currently in particular PayPal and credit card). Nitrado may reasonably expand or modify the range of payment methods at any time.

6.4 For top-ups, the respective credit is shown in the account overview; multiple top-ups may be displayed together. The credit may – except in the cases provided for in these T&C – be used exclusively for ordering Nitrado services. The Customer may select services up to the value of the credit shown in their account overview.

6.5 The Customer must ensure sufficient funds in the payment instrument specified (e.g., bank account or credit card). If a direct debit or credit card payment cannot be honoured, the Customer is obliged to reimburse the resulting costs to the extent they are responsible. The Customer may provide evidence that no loss or only a lesser loss was incurred; Nitrado is entitled to prove a greater loss.

6.6 Payment is due for the first time at the beginning of the initial term. For recurring fees, payment is due in advance at the beginning of the agreed billing period. If the Customer is in default of payment, Nitrado is entitled to temporarily suspend services until all outstanding amounts have been settled in full. Nitrado’s further rights remain unaffected.

7. Term and Termination

7.1 The contract term is selected by the Customer when ordering (initial term) and is at least three days and at most 24 months. At conclusion of the contract, the Customer decides whether to enter into a subscription or to pay the price in advance (prepaid package).

7.2 If a prepaid package is chosen, the contract ends automatically upon expiry of the selected initial term; it does not renew.

7.3 If a subscription is chosen, the Customer may terminate the contract at any time; however, termination only takes effect upon expiry of the initial term. If the contract is not terminated before the initial term expires, it continues for an indefinite period (contract renewal). After a contract renewal, the Customer may terminate the contract at any time on not more than one month’s notice. Termination then takes effect either at the end of the billing period or after one month – whichever occurs first. The billing period corresponds to the initial term selected when the contract was concluded.

7.4 Termination must be in text form (e.g., email). Nitrado also provides on its website an easily accessible cancellation button pursuant to Section 312k of the German Civil Code, via which the Customer can cancel the contract electronically.

7.5 The right to termination for cause remains unaffected. Good cause exists in particular if the Customer is more than six weeks in arrears with payments or materially or persistently breaches their contractual obligations.

8. Change of Provider and Deletion of Data

8.1 Customers may at any time export exportable data and digital assets (hereinafter “Transferable Data”) on their own, without thereby terminating the contractual relationship. This is without prejudice to the Customer’s right to request a change of provider or deletion of data, which – pursuant to Clause 8.8 – terminates the contractual relationship.

8.2 Customers are entitled, upon request, to switch to a data processing service offered by another provider of data processing services, or to have all Transferable Data transferred to an ICT infrastructure on their own premises or deleted. A final list of the data and assets that can be transferred or are excluded from switching can be found here: Data Act Addendum Information

8.3 The Customer must notify Nitrado of the planned change of provider or the desired deletion of data two months in advance (the “Notice Period”). The Customer is obliged, no later than upon expiry of the Notice Period, to declare whether it wishes to switch to a data processing service, to transfer all Transferable Data to an ICT infrastructure on its own premises, or to have such data deleted. Further information can be found at Data Act Addendum Information.

8.4 Nitrado is obliged to transfer or delete the Transferable Data without undue delay, but no later than within 30 calendar days after expiry of the Notice Period (the “Transition Period”). The Customer is entitled to extend the Transition Period once by a reasonable period, but not longer than seven months. If a switch cannot be carried out within the period under the first sentence for technical reasons, Nitrado shall notify the Customer within 14 working days of the notification of the switch, duly justify the technical impossibility, and specify an alternative transition period, which may not exceed seven months (the “Extension Notice”). The Customer must confirm receipt of such Extension Notice within three working days. Service continuity is ensured during the alternative transition period.

8.5 Nitrado will provide reasonable assistance to the Customer and to third parties authorised by the Customer to enable the Customer to carry out the switch within the Transition Period. In particular, Nitrado is obliged to

i) act with due care to maintain business continuity and continue to provide the contractual functions or services;

ii) provide clear information about known risks to the uninterrupted provision of functions or services that stem from the original provider of the data processing services; and

iii) ensure a high level of security while the switch is being carried out; this applies in particular to the security of the data during transmission and the continuous security of the data during the retrieval period pursuant to Clause 8.5.

8.6 The Customer is obliged to take all reasonable measures to achieve an effective change of provider or an effective deletion of data. The Customer bears responsibility for the import and implementation of the Transferable Data in its own systems or in the systems of the target provider. The Customer or third parties authorised by the Customer, including the target provider, are obliged to respect intellectual property rights in all materials provided during the switching process. The Customer undertakes to permit access to such materials and, where applicable, sublicensing of use by third parties or the target provider only to the extent necessary to carry out the switch until the end of the agreed Transition Period, including the alternative transition period, while preserving confidentiality obligations and the intellectual property rights granted by the provider.

8.7 After expiry of the Transition Period pursuant to Clause 8.4, the Customer may retrieve Transferable Data for a period of at least 30 calendar days (the “Retrieval Period”). After expiry of the period under the first sentence, all Transferable Data that are generated directly by the Customer or relate directly to the Customer are irrevocably deleted, provided the switch has been successfully completed, nothing else has been agreed between the Customer and Nitrado, and the provider is not required to retain the Transferable Data under mandatory EU or Member State law.

8.8 The Customer is obliged to inform Nitrado without undue delay after successful completion of the switch or the transfer to its own ICT infrastructure. The contract ends as soon as the switch has been successfully completed or the deletion has been completed. If such notification is not made, Nitrado is entitled to continue providing the contractual services and to charge the agreed fees until proof of the switch is provided. Nitrado will inform the Customer of the end of the contract without undue delay in text form.

9. Service Changes, Maintenance, and Disruptions

9.1 Nitrado is entitled to change the promised service or deviate from it insofar as this is necessary to comply with legal requirements, to ensure the security, stability, or availability of the systems, or to respond to technical developments that could not be foreseen when the contract was concluded (“Service Change”). A prerequisite for such Service Change is that, taking into account Nitrado’s interests, it is reasonable for the Customer, and that the balance of performance and consideration is not materially altered or tantamount to concluding a new contract.

9.2 Nitrado regularly carries out maintenance work to ensure the security, stability, and integrity of its systems. During such maintenance work, services may be temporarily restricted or interrupted. In doing so, Nitrado will take into account the Customers’ legitimate interests and, where possible, carry out planned maintenance outside usual usage times. Nitrado will inform the Customer in good time of maintenance that leads to noticeable impairments.

9.3 If disruptions occur that impair the use of services, Nitrado will remedy them without undue delay within the limits of technical and operational possibilities. Short-term restrictions or interruptions of services due to necessary maintenance or security measures, force majeure, or other circumstances beyond Nitrado’s control do not give rise to claims for damages or reduction by the Customer. Statutory claims of the Customer in the event of significant or longer-term disruptions remain unaffected.

10. Customer Obligations

10.1 The Customer is obliged to provide all data required for performance of the contract completely and correctly and to notify changes without undue delay.

10.2 The Customer must choose secure passwords for all services and access points and must keep all access data (user name and password) confidential and protect them from access by third parties. The Customer is liable for actions carried out using their access data unless they are not responsible for the unauthorised use. This also includes the obligation to pay fees for services that third parties have used by means of the Customer’s access data.

10.3 The Customer must back up their data regularly and independently. The Customer alone is responsible for backing up their data. This applies even if Nitrado creates backup copies. Backup copies provided by Nitrado do not release the Customer from the duty to create their own appropriate backup copies.

10.4 The Customer is prohibited from uploading, storing, or distributing unlawful or impermissible content when using the services. In particular, no content may be provided that is insulting, discriminatory, obscene, harmful to minors or glorifies violence, incites criminal offences, or infringes third-party rights (e.g., copyrights, trademarks, or rights of personality).

11. Notice-and-Takedown Procedure

11.1 Nitrado provides an electronic form for all Customers and other users of the internet portal to report unlawful content. Reports may concern any content that, from the user’s perspective, violates applicable laws, these T&C, or general rules of conduct. Any person who reports (potentially) unlawful content to Nitrado via the form must confirm that they believe in good faith that the information and statements provided are correct and complete. Nitrado points out that submitting abusive, misleading, or manifestly unfounded reports may have civil and criminal consequences.

11.2 If the user provides an email address in their report under subsection 1, Nitrado will acknowledge receipt of the report (“Acknowledgement of Receipt”). Nitrado reserves the right to forward reports in whole or in part to the affected users. If absolutely necessary, the identity of the reporting person may also be disclosed.

11.3 Nitrado will examine all reports under subsection 1 promptly, carefully, without arbitrariness, and objectively. If the examination reveals that the reported content violates applicable laws, these T&C, or general rules of conduct, Nitrado will take appropriate and reasonable measures. In particular, Nitrado may block access to content, partially or completely suspend the provision of its services, or close user accounts. In applying and enforcing all measures, Nitrado proceeds carefully, objectively, and proportionately, taking into account the rights and legitimate interests of all parties involved as well as the fundamental rights and freedoms of users.

11.4 Nitrado will notify the reporting person without undue delay of its decision regarding the reported information and indicate the possible remedies against this decision. If Nitrado knows the relevant electronic contact details (email address) of the user who made the unlawful content available, Nitrado will inform that user of the measure taken and provide reasons for the measure.

11.5 Nitrado enables affected users and reporting persons or entities to lodge a complaint against decisions under subsection 3. The complaint must be submitted within six months from the time the complainant becomes aware of the decision. Nitrado decides on complaints under sentence 1 promptly, without discrimination, carefully, and without arbitrariness. If a complaint contains sufficient reasons to assume that the decision not to act on a report is unfounded or that the information to which the complaint relates is neither unlawful nor violates the T&C, or if it contains information indicating that the complainant’s conduct does not justify suspension or termination of the service or closure of the account, Nitrado will promptly reverse its decision. Nitrado will promptly inform complainants of its reasoned decision.

11.6 Nitrado reserves the right not to process abusive reports or complaints or to temporarily block access to the reporting form under subsection 1 or to the complaint management system under subsection 5 if the reporting form or complaint system is used abusively. Abusive use includes in particular repeatedly submitting identical reports or complaints or frequently submitting manifestly unfounded reports or complaints. In deciding the duration of the block, Nitrado takes into account the severity of the abusive use, in particular the number of identical or manifestly unfounded communications.

12. Strategy to Combat the Dissemination of Terrorist Content

12.1 Nitrado has established a point of contact to receive administrative orders to remove terrorist content or to block access to terrorist content and to ensure their prompt processing. The point of contact under sentence 1 is disclosed on the legal notice page. Nitrado removes terrorist content or blocks access to terrorist content in all Member States as quickly as possible, and in any event within one hour of receiving a removal order under sentence 1.

12.2 Nitrado informs the competent authority without undue delay of the removal of terrorist content or the blocking of terrorist content in all Member States. If Nitrado is unable to comply with a removal order under subsection 1 due to force majeure, factual impossibility, or because it contains obvious errors or insufficient information, it shall inform the competent authority without undue delay.

12.3 If Nitrado removes or blocks terrorist content under subsection 1, Nitrado will provide the content provider with information about the removal or blocking. Upon request of the content provider, the hosting service provider shall inform the content provider of the reasons for the removal or blocking and the options for challenging the removal order, or shall provide the content provider with a copy of the removal order. The obligation under sentences 1 and 2 does not apply if the competent authority that issued the removal order decides that information may not be disclosed for reasons of public security.

12.4 Content providers whose content has been removed or blocked under subsection 1 have the opportunity to lodge a complaint against the removal or blocking and to request restoration or unblocking of the content. Nitrado promptly examines each complaint received under sentence 1 and promptly restores and unblocks the content if its removal or blocking was not justified. Nitrado informs the complainant within two weeks of receipt of the complaint of the outcome and, if the complaint is rejected, of the reasons.

13. Liability

13.1 Nitrado is liable without limitation for damages resulting from injury to life, body, or health that are based on a breach of duty by Nitrado, its legal representatives, or vicarious agents, as well as for damages caused intentionally or by gross negligence.

13.2 In the case of slightly negligent breaches of duty, Nitrado is liable only if a material contractual obligation (“Cardinal Duty ”) is breached. Material contractual obligations are those whose fulfilment enables proper performance of the contract in the first place and upon whose fulfilment the Customer may regularly rely. In such cases, liability is limited to the typical, foreseeable damage.

13.3 Otherwise, liability is excluded. Mandatory liability under the German Product Liability Act remains unaffected.

13.4 Insofar as Nitrado provides publicly available telecommunications services within the meaning of the German Telecommunications Act, the statutory liability provisions of Section 70 TKG apply in addition. In such cases, liability for pecuniary losses resulting from a breach of telecommunications secrecy or in the event of disruptions to such services is limited to EUR 12,500 per end-user and in total to EUR 10 million per damaging event.

14. Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (marbis GmbH, Griesbachstr. 10, 76185 Karlsruhe, email: [email protected], web: https://support.nitrado.net) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the attached model withdrawal form, which is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for the additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we receive your notice of withdrawal from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in no event will you be charged fees for such reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until the time you informed us of your exercise of the right of withdrawal from this contract, in comparison with the full coverage of the contract.

Model withdrawal form (Complete and return this form only if you wish to withdraw from the contract.)

  - To: marbis GmbH, Griesbachstr. 10, 76185 Karlsruhe  
  - I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service (*)  
  - Ordered on (*)/received on (*)  
  - Name of consumer(s)  
  - Address of consumer(s)  
  - Signature of consumer(s) (only if this form is notified on paper)  
  - Date ___________  

(*) Delete as appropriate.

15. Amendments to the Contract

These T&C may be amended with the Customer’s consent. Consent is deemed granted if the amendment offer is made to the Customer in text form no later than six weeks before the intended effective date, serves to adapt to a change in the legal situation, and the Customer does not reject the amendment offer before it takes effect (“deemed consent”). The deemed-consent mechanism does not apply to amendments that concern primary performance obligations or fees, are tantamount to concluding a new contract, or materially alter the balance between performance and consideration. If Nitrado makes use of the deemed-consent mechanism, the Customer may terminate the affected contract without notice until the amendment takes effect. If the Customer rejects the amendment offer, Nitrado is entitled to end the Customer’s right to use the internet portal, the server services, the account overview and/or further Nitrado services on 14 calendar days’ notice. The company will expressly inform the Customer in the amendment offer of the consequences of rejection and of silence.

16. Final Provisions

16.1 All claims of whatever nature arising out of or in connection with this contract are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

16.2 Nitrado is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and does not participate in such a procedure.

- To [here, the entrepreneur fills in the name, address and, if applicable e-mail address of the entrepreneur]:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication in paper form)
- Date ___________
- (*) Delete if not applicable.