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Terms of Service

These terms are the agreement between you and BerryByte Limited ("berrybyte", "we", "us") when you use our website and services. We've kept them as plain as we can. By using berrybyte, you're agreeing to them, so it's worth a read.

1. Who we are

berrybyte is a trading name of BerryByte Limited, a company registered in England and Wales (company no. 14136989), registered office 61 Bridge Street, Kington, United Kingdom. We provide game server hosting and dedicated (bare metal) servers, along with our control panel and related tools (the "service").

These terms work alongside our Privacy Policy. If you're agreeing on behalf of a company, you're confirming you're allowed to.

2. Your account

We assume everyone who buys from us is 18 or over. Our service is for adults.

Your account is created when you first sign in or place an order (by email, Google, or Discord). Keep your login details safe. You're responsible for what happens on your account. If you think someone else has gotten in, email us at support@berrybyte.net right away. Please keep your details accurate and keep your account to yourself.

3. What we provide

We give you the infrastructure and tools to spin up and run servers. When we say things like "live in under 60 seconds," that's the typical experience. Setup time can vary with demand, your configuration, and payment checks.

Some features may be labelled beta or early access. Those can change or be pulled, and may be less stable.

If you're hosting a game, the game publisher's own rules apply too (for example, the Minecraft End User License Agreement). By hosting it, you agree to follow them.

4. Modpacks & third-party content

Our tools let you deploy modpacks and mods from third-party platforms like Modrinth, CurseForge, and FTB. That content is made and licensed by other people. We provide the deployment tooling. You're responsible for making sure anything you install or upload is legal and that you're allowed to use it. We may remove or decline to deploy content where a platform's terms, a rights holder, or the law requires it.

5. Pricing & billing

Prices are shown at checkout in USD, exclusive of any taxes that apply to you.

Our service is a recurring subscription. You pick a billing cycle: monthly, quarterly, bi-annual, or yearly. Your subscription renews automatically at the end of each period at the then-current price, until you cancel. Payments are handled by Stripe; we receive billing records only. We'll always give you notice before any price change takes effect.

If a payment fails, we'll suspend your service after 48 hours. If it's still unpaid, your files may be deleted after 1 week. Penalty charges are outside our billing model.

6. Free trials

We may offer free trials for some games. Trials are available for new customers only, limited to one trial per customer, and eligibility is at our discretion. We may decline, limit, or withdraw a trial at any time.

A trial may require a valid payment method on file. We do not charge that method during the trial period. At the end of the trial, your subscription converts to a paid plan at the then-current price unless you cancel before then. If payment is not completed, we suspend the server and may remove it after the unpaid grace period described in section 5.

We take trial abuse seriously. Trial farming, multi-accounting, VPN or proxy abuse, and other attempts to obtain multiple trials or dodge eligibility checks are prohibited. We may deny or hold a trial, suspend or terminate related accounts, and take other steps we reasonably consider necessary to protect the service.

7. Refunds & changing your mind

Our promise: if you're unhappy with a new purchase, tell us within 3 days and we'll give you a full refund.

Your legal right: as a UK consumer you also have a statutory 14-day right to cancel a distance contract. Because we set your server up straight away (with your go-ahead at checkout), that statutory right can end once your service is live and any digital content is delivered. Our 3-day money-back promise above still applies.

To request a refund, email support@berrybyte.net.

8. Cancelling

You can cancel anytime on flexible month-to-month terms. Your server stays live until the end of the period you've already paid for. If you'd rather stop early, we'll credit the unused time back to your berrybyte account as account credit.

9. Server Saves

Where available, Server Saves let you keep a copy of a server's state on your account so you can return later and continue playing. Server Saves only enter the expiry schedule if your account has no active service. When you cancel your last active game server, eligible servers under 50 GB may be kept for 3 months at no charge. Servers over 50 GB and under 150 GB may be kept for 1 month. Larger servers may not be eligible unless we agree otherwise.

If you do not resume, restore, or otherwise recover the server before the save period expires, the save may be permanently deleted. Server Saves are separate from guaranteed backups: we run high-quality infrastructure and make reasonable efforts to keep saves available, but they are provided on a best-effort basis and are not a promise that your data can always be recovered. You should keep your own copies of anything important.

To the extent the law allows, we are not responsible for loss, corruption, or unavailability of Server Save data.

10. Fair use

Use berrybyte for lawful, respectful purposes. Prohibited uses include:

  • anything unlawful, including under the laws of England and Wales;
  • content that sexualises, exploits, or endangers children. We have zero tolerance, will remove it, and will report it to the authorities;
  • malware, phishing, or other malicious software;
  • attacks on other systems (DDoS, port scanning, brute-forcing, and the like);
  • unauthorised crypto mining;
  • content you lack the rights to use, including mods or software you are unlicensed to run;
  • spam or fraud;
  • trial farming, multi-accounting, or using VPNs, proxies, or similar tools to dodge trial or fraud checks;
  • anything that disrupts our network or harms other users, or breaks the rules of a game you're running.

If you break these rules, we may suspend or terminate your service. Refunds may be withheld where warranted.

11. Uptime & service credits

We aim for 99.9% monthly uptime on game servers and 99.95% on bare metal, outside of planned maintenance and things beyond our reasonable control. If we fall short in a given month, email us within 30 days and we'll apply a service credit to your account. We work hard to keep the service up, though outages can still happen.

12. Your data & backups

Your content is yours. We take off-site backups every couple of days. Please keep your own copies of anything important too. If we find unlawful or infringing material on our systems, we may remove it and suspend or terminate the service immediately.

13. Liability

We provide the service "as is." To the extent the law allows, our liability for lost data, lost profits, or indirect or consequential losses is limited to what you paid us in the relevant 12-month period.

Where the law requires, liability remains for death or personal injury caused by our negligence, and for fraud. Your statutory rights as a consumer remain in full.

14. Suspension & termination

We may suspend or end your access if you break these terms, miss payment, abuse a trial, or where the law requires it. Where we reasonably can, we'll give you notice and a chance to put things right. When your service ends, we may delete your servers and files after a reasonable period, so keep your backups.

15. Governing law

These terms are governed by the laws of England and Wales, and its courts have jurisdiction. If you're a consumer elsewhere in the UK, your local consumer protections and courts still apply. Got a problem? Email legal@berrybyte.net and we'll try to sort it out directly first.

16. Changes & contact

We may update these terms now and then. If we make meaningful changes, we'll update the date above and let you know where we reasonably can. Carrying on using berrybyte after that means you accept the new version.

BerryByte Limited · 61 Bridge Street, Kington, United Kingdom · Company no. 14136989
Support: support@berrybyte.net · Legal: legal@berrybyte.net

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