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Terms and Conditions

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This is a courtesy English translation. The German version is legally binding; in case of any discrepancy, the German text prevails.

§ 1 Scope, contracting parties

These Terms and Conditions ("T&Cs") apply to all contracts a customer concludes with TryNxtvia the platform at app.trynxt.com.

A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB, German Civil Code). A trader within the meaning of these T&Cs is a natural or legal person who, when entering into the contract, acts in the exercise of their trade, business or profession (§ 14 BGB).

We expressly object to any deviating, conflicting or supplementary terms of the customer; they only become effective if we have expressly agreed to their validity in text form. The contract language is German.

§ 2 Services

TryNxt offers in particular the following services:

  • virtual KVM servers (root access, freely selectable operating system)
  • game servers for common game titles
  • registration and management of domains
  • supplementary add-on services (including additional IPv4 addresses, ISO storage, backup slots), where bookable in the customer area

The exact scope of services follows from the product description in the ordering process. Services are provided exclusively on a prepaid basis: the customer tops up their customer account with balance and uses it to select a contract term; an automatically renewing subscription only arises if the customer has actively turned on automatic renewal for the respective service (see § 6).

TryNxt is entitled to have services provided by third parties (e.g. data center operators, domain registrars, payment service providers). Any usage terms of such third parties (in particular the registration terms of the respective registry for domains) apply additionally.

Servers are provided virtualised on shared hardware. What is owed are the values for processor cores, memory and storage selected during the order process. A particular processor model, a particular per-core performance, a particular storage type or a particular storage connection are not owed unless expressly promised in the product description. Which platform and which location are available for your configuration is shown during the order process, before you submit the order.

Every server comes with at least one public IP address so that it is reachable and manageable. Whether that is an IPv4 address, an IPv6 address or both depends on the chosen location and platform and is shown during the order process. An IPv6 address is included in the price where the location offers it; an IPv4 address is a chargeable add-on that can be deselected when ordering.

An availability commitment beyond ordinary commercial diligence is only made if separately agreed in text form. Announced maintenance, force majeure, and disruptions outside TryNxt's sphere of influence are excluded from availability.

We announce planned maintenance at least 48 hours in advance by email or in the customer area and, where possible, schedule it for low-demand periods. Security-relevant interventions that cannot be postponed are carried out immediately, and we inform you without undue delay afterwards.

In the event of a hardware failure, we restore the service on other hardware. The customer is responsible for backing up the data operated on the server; the backup function offered is an add-on service and does not replace the customer's own data backup. Liability is governed by § 9.

§ 3 Registration, customer account

Use requires free creation of a customer account with a valid email address, a password, and truthful information on name and address. The customer warrants that they are of legal age and have unlimited legal capacity, or — in case of limited legal capacity — that the consent of their legal representatives has been obtained.

Where there is a specific reason to doubt this, we may request proof of age or of the legal representatives' consent and restrict access until it is provided. We check the proof and delete it afterwards; it is not retained. There is no age check without a specific reason.

Only one customer account may be created per person. Login credentials must be kept confidential; TryNxt must be informed without undue delay of any suspected misuse. Activities under the customer account are attributable to the customer to the extent they are responsible for them.

§ 4 Conclusion of contract

The presentation of services in the ordering process does not constitute a binding offer but an invitation to submit an offer. The customer submits a binding offer by completing the ordering process and submitting the order via the final order button. TryNxt accepts the offer by providing the service or by express confirmation.

TryNxt reserves the right to decline individual orders, in particular in case of a reasonable suspicion of abuse, in case of violations of these T&Cs, or where export control or sanctions regulations stand in the way (§ 8a). An order is never declined on any of the grounds listed in § 1 of the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz). In this case, amounts already paid are refunded in full.

§ 5 Prices, balance, payment, invoicing

All stated prices are final prices in Euro.TryNxt does not charge VAT pursuant to § 19 UStG (German small business regulation).

Payments are made exclusively in advance to the customer's balance account via the payment methods offered in the customer area. Booked services and add-ons are deducted from the balance; if the balance is insufficient for a requested change (e.g. upgrading CPU/RAM/disk or add-ons), the change will not be carried out.

An invoice or receipt is provided in the customer area for every payment and every deduction.

Balance that has been topped up does not expire. You can have balance not yet used for services paid out to you at any time; to do so, contact our support informally. This also applies if you wish to delete your customer account — in that case, have the balance paid out before the deletion.

The refund is made via the payment methods you used to top up and, in the case of several top-ups, proportionally according to their respective shares. This way your money returns directly to where it came from. If a refund via this route is no longer possible — for example because the payment service provider's deadline has expired — we transfer the amount to a bank account held in your name. We do not make payouts to third parties or to an account that is not held in your name.

If there are reasonable doubts that the payout is going to the entitled person — for example because the stated account holder differs from the customer data on file — we may request suitable proof of your identity before the payout. This serves solely to protect against paying out your balance to an unauthorised person; we check the proof and delete it afterwards. Until the matter has been clarified, and until the chargeback period of the underlying payment has expired, we may withhold the payout.

§ 6 Term, renewal, changes

The contract term of an individual service follows from the period selected and paid for. The customer can turn automatic renewal on or off per server in the customer area; if turned on, the term is automatically renewed against deduction, provided the balance is sufficient. If turned off, or if the balance is insufficient, the service ends at the expiry of the paid term.

After the paid term expires, the server is first stopped and retained for seven days. Within this period you can restore it with all data by renewing it. After the seven days have elapsed, the server and the associated backups are permanently deleted; a restoration is then no longer possible. If the service ends at your express request (termination, withdrawal), this period does not apply, since the service is then not to be provided any further.

We inform you by email about the upcoming end of the term. If automatic renewal is turned on, we announce the deduction in advance, stating the amount and date.

Resources (CPU, RAM, storage) and bookable add-ons can be added by the customer pro rata temporis during the term; a downgrade is subject to a 72-hour lock between two downgrades to prevent abuse of pro-rata refunds.

The price of a paid term is fixed. If we change our prices, this takes effect at the earliest from the next renewal, never retroactively for a period already paid for. We announce a price change affecting an automatic renewal by email at least 30 days before the renewal date concerned. You do not need to terminate or object for this: if you turn off automatic renewal in the customer area, the service ends at the end of the paid term without the new price ever applying.

§ 7 Special provisions for domains

For the registration, management and transfer of domains, the registration terms of the respective responsible registry as well as those of our registrar service provider apply additionally. Registration of a domain is deemed fully performed upon successful entry with the registry.

The registrant contact selected by the customer when ordering is entered as the domain holder;TryNxt does not become the holder of the domain. The customer area shows the registered holder.

Domains are registered for twelve months at a time. The customer can turn automatic renewal on or off per domain in the customer area; § 6 applies accordingly. If it is turned on, the domain is renewed before expiry for twelve months at the renewal price then applicable, provided the balance is sufficient. The customer area shows the renewal price and expiry date. Otherwise, the registration ends on expiry without any termination being required.

The customer can retrieve the auth code (transfer code) of their domain in the customer area and transfer the domain to another provider — also after termination or with automatic renewal turned off, as long as the registration exists. Where the registry does not supply the code immediately, we request it for the customer without undue delay. If a transfer lock is set for the domain, we lift it without undue delay upon request.

§ 8 Customer obligations, permitted use

The customer undertakes not to use the booked services for:

  • sending unsolicited bulk email (spam) or phishing,
  • distributing malware or attacking third-party systems (including DDoS),
  • violations of applicable law, in particular copyright, trademark and youth-protection law,
  • IP spoofing or other manipulation of the assigned network identity.

In case of a reasonable suspicion of a violation, TryNxt is entitled to temporarily suspend the affected service and to hear the customer; in case of serious or repeated violations, termination without notice is possible.

Attacks and abuse originating from a server (denial-of-service attacks, including via an open service misused as an amplifier, port scans, mass login attempts against third-party systems, bulk email sending, crypto mining) are detected by TryNxt automatically on the basis of traffic volumes and connection data, not of contents (Privacy Policy section 9d). In case of such an attack, TryNxt may block the server's outgoing traffic, disconnect it from the network, stop it or lock its management in the customer area to protect third parties and its own network, also automatically and without prior hearing. The customer is informed in text form with a statement of reasons without undue delay; the hearing is made up for, and on request a member of staff reviews the block without undue delay.

During a suspension, the paid term continues to run; any existing balance remains unaffected and can be used again after the suspension has been lifted or paid out on request. If the suspicion proves unfounded, the service is reactivated without undue delay and the term is extended by the duration of the suspension.

If TryNxt incurs damage as a result of a violation for which the customer is responsible — for example through costs of abuse handling, third-party claims or data center fees — the corresponding amount may be deducted from the customer's balance. We inform the customer of each such deduction without undue delay in text form and itemise the amount comprehensibly. The customer may object to it within 14 days; on request, the amount is credited back until the matter has been clarified. The customer remains entitled to prove that no damage or damage of a lower amount has occurred.

§ 8a Export control and sanctions regulations

The services are subject to the export and embargo provisions of the European Union, in particular Regulation (EU) 2021/821 (dual-use) and the EU sanctions regulations. The customer warrants that they are not listed on any relevant sanctions list and do not make the services available, directly or indirectly, to a listed person or entity. For this purpose, TryNxtscreens customer data against the official sanctions lists and, in the event of a match, is obliged to suspend the service and terminate the contract.

§ 8b Use of the application programming interface (API)

TryNxt provides an application programming interface through which services can be managed automatically. Access is via personal API keys, which must be treated like login credentials and kept confidential; actions performed via a key are attributed to the customer to the extent they are responsible for them.

The interface must not be used in a manner that impairs proper operation, in particular not by abusively frequent requests. TryNxt may limit the number of requests and block individual keys in case of abuse. There is no entitlement to the interface continuing to exist unchanged; we announce changes that impair existing integrations with reasonable notice.

§ 8c Use of resources and network

You may use the resources allocated to your server fully and continuously. Compute-intensive applications — game servers, databases, transcoding and build jobs, media conversion or scientific computation — are expressly permitted, including over long periods and including at full load on the allocated cores. We do not impose a blanket CPU load ceiling.

Not permitted is any use that, beyond the allocated resources, affects the operation of the platform or other customers. This includes in particular:

  • generating compute or storage load without a purpose of your own — such as idle loops whose only effect is utilisation,
  • cryptocurrency mining and comparable schemes whose yield arises solely from resource consumption,
  • continuously saturating storage input/output beyond what your own application requires, in particular by using swap files as a substitute for memory,
  • circumventing or defeating allocation and protection mechanisms.

For the network connection the following additionally applies. It is prohibited to

  • operate or control botnets, or take part in them in any way,
  • operate open proxies or open mail relays,
  • operate Tor exit nodes,
  • provide VPN, proxy or comparable anonymisation services to third parties whose traffic is not your responsibility,
  • operate file-sharing services (peer-to-peer, including torrent clients and trackers) — unless we have agreed to it in text form beforehand for a specific, lawful purpose.

Regardless of whether other customers are affected, you may not generatetraffic for its own sake — for example with load generators, by repeatedly downloading or uploading data that is not used, or with speed tests in a continuous loop. If this causes us costs with our network providers, we may claim reimbursement of those costs; we will provide evidence of them on request. We may set off this claim against a refund owed to you, for example after a withdrawal.

That the services may not be used for unlawful purposes already follows from § 8 and applies here unchanged.

Every server comes with a monthly transfer volume. How large it is is stated in the product description of the respective offer and is visible to you before ordering. Where “fair use” is stated instead of a figure, we determine the volume from the offer's monthly price:one terabyte per full €2.00 of monthly price (an offer at €4.00 therefore has 2 TB, one at €5.99 likewise 2 TB). Where the monthly price is below €2.00, we do not cap the volume.

Once a billing period's volume is used up, we throttle the transfer rate. The server remains reachable and in operation; we do not suspend it for this reason, and no additional charges arise from it. The rate we throttle to depends on the offer and we will tell you on request; once your server is throttled, the rate is shown in your customer area under “Network”. At the start of the next billing period the full volume is available again and the throttling is lifted automatically.

Independently of this: if a server's transferred volume continuously and significantly exceeds what the stated purpose requires, and this impairs other customers' connectivity, we may limit that server's transfer rate after prior notice. This does not lead to suspension.

If a server runs continuously at the limit of its allocation and this demonstrably impairs the usability of other customers' services on the shared hardware, we contact you and propose either increasing the allocation or moving the service to a different node. If, aftertwo notices in text form and a reasonable period, the impairment persists without you upgrading, moving or reducing the load, we may limit the performance of that server. Only if that too fails to resolve the impairment may we suspend it; § 8d applies. Any such finding is based on the utilisation figures we record, which we will produce on request.

In the event of a breach we contact you first and set a reasonable period to remedy it. Only where immediate action is required to protect the platform or other customers do we suspend beforehand; in that case you receive the statement of reasons under § 8d without undue delay after the suspension. Otherwise § 8 applies accordingly, including the extension of the term by the duration of an unfounded suspension.

On request we tell you in text form which measurements a measure is based on.

§ 8d Notices of illegal content, statement of reasons for measures

As a hosting service provider within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) we operate a notice and action mechanism under Art. 16 DSA. Allegedly illegal content on a service hosted by us can be reported via our notice form; we confirm receipt and communicate our decision.

Where we suspend or remove a service, or terminate the contract, because of illegal content or a breach of these T&Cs, you receive a statement of reasons in text form(Art. 17 DSA). It states:

  • which service or content is affected,
  • which measure was taken, for which territory and for how long,
  • the facts and circumstances we rely on,
  • whether automated means were used — with us, suspensions and terminations are decided by a human. The only exception are attacks originating from a server against third-party systems (section 8): we block these automatically and temporarily to protect third parties, and the statement of reasons then says so expressly,
  • the legal basis: either the statutory provision the content infringes, or the clause of these T&Cs we rely on,
  • the redress available to you (next paragraph, out-of-court dispute settlement under Art. 21 DSA, and the courts).

You may appeal a measure free of charge within six months of receiving the statement of reasons, informally to the contact point named in thelegal notice. The appeal is decided by a person who was not involved in the original decision, and not solely by automated means. If the measure proves unfounded, we reverse it without undue delay; § 8 (extension of the term) applies accordingly.

In the case of repeatedly and manifestly unfounded notices, we may suspend processing of further notices from the same person for a reasonable period (Art. 23(2) DSA). Where there is a suspicion of a criminal offence involving a threat to the life or safety of a person, we inform the competent authorities (Art. 18 DSA).

§ 9 Liability

TryNxt is liable without limitation for intent and gross negligence as well as under the Product Liability Act. In case of slightly negligent breach of a material contractual obligation (cardinal obligation), liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded. Liability for data loss is limited to the typical cost of recovery that would have arisen with regular, risk-appropriate data backups performed by the customer. The customer is solely responsible for content they operate themselves on booked servers.

§ 10 Termination

For a prepaid contract without activated automatic renewal, the respective service ends automatically at the end of the paid term, without any termination being required. The right of both parties to terminate for good cause remains unaffected.

If we terminate for good cause for which the customer is responsible (§ 8), the affected services end immediately. Balance not yet used and the paid but no longer provided part of the term do not expire and are refunded to the customer.

TryNxt may set off its own claims arising from the contractual relationship against this refund claim, in particular claims for damages and reimbursement of expenses under § 8. As long as such claims exist in principle but their amount has not yet been determined, the payout may be withheld for a reasonable period; we inform the customer in text form of the reason and the expected duration. If the refund exceeds our claims, the surplus is paid out without undue delay.

No payout is made to the extent that export control or sanctions regulations prevent it (§ 8a). In this case, the amount is not appropriated but withheld until the obstacle ceases to exist.

§ 11 Amendment of these T&Cs

TryNxt may amend these T&Cs with effect for the future if a valid reason requires it (e.g. changes in the legal situation, case law, or the range of services). We communicate amended terms in text form at least six weeks before they take effect, showing the changes side by side.

Your silence does not count as consent. A term already paid for stays governed by the conditions that applied when you ordered; amended terms only apply to a service you order anew or renew after they take effect. If you disagree with an amendment, simply do not renew the affected service — no objection is required. Where automatic renewal is enabled for the service, you can turn it off until the amendment takes effect; the service then ends at the end of the paid term under the previous conditions.

§ 12 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this applies only to the extent that the protection granted by mandatory provisions of the law of the country of their habitual residence is not thereby withdrawn. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is TryNxt's registered seat.

If the customer processes personal data of third parties on the booked servers, TryNxt acts in this respect as a processor within the meaning of Art. 28 GDPR. We provide the agreement required for this under Data Processing Agreement; it becomes part of the contract when the services are used for such data.