Terms of Service

1. Acceptance of Terms

By accessing or using the website and services provided by livestalhp B.V. ("Company", "we", "us", or "our"), you ("Customer", "you", or "your") 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.

These Terms constitute a legally binding agreement between you and livestalhp B.V., a company incorporated in the Netherlands with registration number 92746153.

2. Service Description

livestalhp provides cloud infrastructure services including but not limited to:

• Cloud hosting and virtual server solutions
• Data storage and backup services
• Security solutions and monitoring
• Managed infrastructure services
• Technical support and consulting
• Related cloud infrastructure technologies

Specific service features, limitations, and pricing are detailed in individual service agreements and our website documentation.

3. User Obligations

3.1 Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You must not:

• Use our services for any illegal activities or to violate any laws or regulations
• Transmit, distribute, or store material that is defamatory, obscene, or otherwise objectionable
• Attempt to gain unauthorised access to our systems or other users' accounts
• Use our services to send spam, malware, or engage in phishing activities
• Interfere with or disrupt the integrity or performance of our services
• Use our services to infringe upon intellectual property rights of others
• Resell or redistribute our services without written permission

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised use of your account
• Using strong passwords and enabling available security features

3.3 Data and Content

You retain ownership of all data and content you store on our services. You are solely responsible for the legality, accuracy, and appropriateness of your data and content. You grant us the necessary rights to store, process, and transmit your data as required to provide our services.

4. Payment Terms

4.1 Fees and Billing

• Service fees are as specified in your service agreement or our current pricing
• Fees are billed in advance unless otherwise specified
• All fees are exclusive of applicable taxes, which you are responsible for
• We reserve the right to change our pricing with 30 days' notice

4.2 Payment Methods

We accept payment by credit card, bank transfer, and other methods as specified. You authorise us to charge your chosen payment method for all applicable fees.

4.3 Late Payment

Late payments may result in service suspension or termination. We may charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

5. Service Level Agreement

5.1 Uptime Commitment

We strive to maintain 99.9% uptime for our services, excluding scheduled maintenance and circumstances beyond our reasonable control.

5.2 Maintenance

We may perform scheduled maintenance with reasonable advance notice. Emergency maintenance may be performed without prior notice.

5.3 Support

Technical support is provided during our business hours (Monday-Friday, 9:00 AM - 6:00 PM CET) through email and phone. Response times vary based on the severity of the issue and your service level.

6. Intellectual Property

6.1 Our Rights

All rights, title, and interest in our services, software, documentation, and related materials remain our property or that of our licensors. You are granted a limited, non-exclusive license to use our services in accordance with these Terms.

6.2 Your Rights

You retain all rights to your data and content. By using our services, you grant us a limited license to host, store, and process your data as necessary to provide our services.

6.3 Feedback

Any feedback, suggestions, or ideas you provide to us may be used by us without any obligation to you.

7. Privacy and Data Protection

We are committed to protecting your privacy and personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR). Our data processing practices are detailed in our Privacy Policy.

For services involving personal data processing, we will enter into appropriate data processing agreements as required by applicable law.

8. Limitation of Liability

8.1 Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

8.2 Limitation of Damages

To the maximum extent permitted by law, our total liability to you for any claims arising from or related to these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.

8.3 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption, regardless of the theory of liability.

9. Indemnification

You agree to indemnify, defend, and hold harmless livestalhp, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from your use of our services, violation of these Terms, or infringement of any rights of another party.

10. Termination

10.1 Termination by You

You may terminate your service agreement at any time by providing written notice. Termination will be effective at the end of your current billing period.

10.2 Termination by Us

We may terminate your service agreement immediately if you breach these Terms or for any other reason with 30 days' written notice.

10.3 Effect of Termination

Upon termination, your access to our services will cease, and we may delete your data after a reasonable period. You remain liable for all charges incurred prior to termination.

11. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, government actions, or internet service failures.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the competent courts in Breda, Netherlands.

13. Changes to Terms

We may modify these Terms at any time by posting the updated version on our website. Material changes will be communicated to you via email or prominent notice on our website.

Your continued use of our services after any changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of our services.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect. The unenforceable provision will be replaced with an enforceable provision that most closely reflects the original intent.

15. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and livestalhp regarding the use of our services and supersede all prior agreements and understandings.

16. Contact Information

If you have any questions about these Terms, please contact us: