Terms and Conditions

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)
registration and management of domains
game servers (with management in the customer area, see § 7b), once and where orderable in the customer area
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. For freely configured servers, an IPv4 address is a chargeable add-on that can be deselected when ordering; in packages it is included in the package price, and choosing “IPv6 only” does not change the package price.

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. We only accept orders from customers resident or established in a member state of the European Union. 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.

The ordering process has the following steps: you choose a service and its configuration and add it to the cart, review all items with term and total price on the order page, confirm the T&Cs and the cancellation policy, and submit the order with the "Place order (paid)" button. Until then you can correct your entries at any time: change or remove items in the cart, or go back to the previous step with your browser's back function.

After submitting, you receive an order confirmation by email listing the services ordered, their term and the cancellation policy. We store the contract text; you can retrieve your orders and invoices in the customer area at any time. These T&Cs are permanently available on this page and can be printed or saved. The contract is concluded in German.

§ 5 Prices, balance, payment, invoicing

All stated prices are final prices in Euro.

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. Self-service deletion in the customer area is possible once no domain is active and no amount is outstanding; if you do not have your balance or paid remaining term paid out, you expressly waive it in the deletion dialog.

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.

If a payment with which you topped up your balance is reversed (for example through a chargeback on a card or PayPal), we deduct the amount from the balance again. If the balance becomes negative as a result, the services paid from it are unpaid to that extent; we may then suspend and stop the servers of your customer account until the balance is settled (§ 320 BGB) and inform you about it. If the balance is negative for another reason, the same applies only once it has not been settled within 30 days despite two reminders. As soon as a top-up settles the balance, we lift such a suspension. The paid term continues to run during the suspension.

§ 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. An automatic renewal continues the existing contract and is not a new contract; it does not create a new right of withdrawal. If you renew yourself in the customer area or add resources, the same steps and declarations as for an order apply (§ 4), including the order confirmation by email and the right of withdrawal.

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. This also applies if the service expires at the end of the term because of a termination. If the service ends early at your express request (withdrawal, deletion of the customer account, termination for good cause), this period does not apply, since the service is then not to be provided any further.

While we lock the customer area for maintenance work (maintenance mode) and you therefore cannot renew, stopping and deleting expired services is suspended; the seven-day period is extended by the duration of the maintenance mode since the expiry. This does not apply to early termination at your express request.

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.

If you terminate (for example via “Terminate contracts here”), automatic renewal ends once the termination is confirmed. If you name a date after the end of the paid term, a server is renewed until then only by one month at a time; a domain is no longer renewed if the new registration year would extend beyond that date. A term already paid for remains in place and continues normally until it ends.

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 request 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. The request opens a support ticket; we review it and release the code within two business days, after which it can be retrieved in the customer area for seven days. We may refuse to release it only for the reasons the registry's rules allow, in particular if the domain has not been paid for (for example after a chargeback of the payment); we state the reason in the ticket. 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, insofar as the registry's rules allow; some extensions block transfers for a certain period after registration or a change of registrant.

The customer keeps the contact data of their domains up to date. The registrar and the registry may verify the details; if such a verification, for example a confirmation email, is not answered in time, the domain may be suspended under their rules. For generic extensions (such as .com, .net, .org) the rights and responsibilities of registrants under ICANN's requirements also apply (Registrants' Benefits and Responsibilities).

§ 7a Rights in respect of defects, updates, changes to the service

The statutory provisions apply to defects in our services, for consumers in particular §§ 327 et seq. of the German Civil Code (BGB) on digital services. We provide updates to the platform we operate (customer area, virtualisation, network) that are required to keep it in conformity with the contract, in particular security updates, throughout the term. You manage the operating system and software inside your server yourself as its administrator, including their updates.

We may change the customer area, the programming interface (§ 8b) and the technical design of the services if there is a valid reason, such as security, a change in the law, technical development or changes at our suppliers, and this causes you no additional costs. We do not reduce the booked resources (CPU cores, memory, storage, transfer volume) during a paid term.

If a change impairs your access to the service or its usability more than only insignificantly, we inform you in text form at least 30 days in advance of its characteristics and timing. You may then terminate the contract free of charge within 30 days of receiving the information or of the change, whichever is later; we refund the paid part of the term not yet provided pro rata. This does not apply if you can continue to use the service unchanged at no additional cost (§ 327r BGB).

§ 7b Special provisions for game servers

A game server is a server for games that runs in an isolated container on shared hardware in our data centre. You manage it in the customer area (console, files, start parameters, backups, databases, scheduled tasks, sub-users) and via SFTP; you do not receive administrator access to the host system. We owe the upper limits for memory, CPU share (100 % corresponds to one processor core) and storage chosen when ordering, as well as the booked number of backups, databases and extra ports. Simultaneous load from other customers on the same hardware may temporarily reduce the computing power actually available; a specific processor model or a specific performance per core is not owed (§ 2).

The game server is reachable at the address of our host on a port that we assign from a free range when it is provisioned. You receive the game's standard port with the paid add-on "extra IP with standard port": the game server then has its own IPv4 address on which it is reachable under the standard port and the booked extra ports. The extra IP is tied to the game server and ends with it.

The game software and the installation templates come from third parties (game publishers and open-source projects). We provide them as published; the publishers are responsible for the features, bugs and updates of the game software itself. The terms of use of the game software (such as the Minecraft end user licence agreement) apply between you and the publisher; you accept them yourself where the software requires it. You can switch the variant within the same game; the server is then reinstalled, and files may be overwritten or — if you choose so — deleted.

Backups of a game server are stored on the same host as the game server unless the customer area states otherwise; they do not replace your own data backup (§ 2). Sub-users you invite to your game server act with the permissions you give them; you are responsible to us for their actions on the game server as for your own.

Term, renewal, automatic renewal, expiry and deletion follow § 6: after the paid term ends, the game server is stopped and suspended; after seven days its files, backups and databases are permanently deleted. Changing the resources during the term cannot currently be booked. Game servers are meant for running games and related services (such as voice or bot servers from our offering); § 8 and § 8c apply accordingly, in particular mining, open proxies and attacks on third parties are prohibited.

§ 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) are detected by TryNxt automatically on the basis of traffic volumes and connection data, not of contents (Privacy Policy section 9d). Signs of crypto mining (connections to mining pools together with near-full processor utilisation over a sustained period, Privacy Policy section 9e) are detected in the same way; they do not lead to an automatic block — section 8c applies instead. 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. Changes to the interface are governed by § 7a.

§ 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.

So that storage is available evenly to all customers on a host, we technically limit the storage throughput and operations per second of each server; short load peaks above this are possible. The limit is sized for ordinary applications and is not a guaranteed performance.

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, for damage arising from injury to life, body or health, for fraudulently concealed defects, to the extent of any guarantee given, and 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.

§ 10a Switching to another provider, data export

As administrator you have full access to your servers throughout the term and can export all data stored on them yourself at any time, in the formats of your operating system and your applications. You receive your account data (master data, orders, invoices, logs) as a JSON file via the data export in the customer area. Data that serves solely our internal operation, such as measurement and log data of the platform and the configuration of our virtualisation and network, is not exported.

If you want to switch to another provider or have your data erased, a notice in text form to support is sufficient; no notice period applies. From receipt we support you during a transitional period of up to 30 days. The server keeps running during that time, even if the paid term ends earlier, at no additional cost. Afterwards we keep your data available for retrieval for another 30 days and then erase it completely. The contract ends upon successful switching, or upon erasure if you only requested erasure; we refund the paid part of the term not yet used pro rata. We do not charge fees for switching (Art. 23 et seq. of Regulation (EU) 2023/2854, Data Act).

Your servers and our database are located exclusively in the European Union and are subject to the law of the Union and its Member States. We comply with requests from third-country authorities for access to your data only to the extent permitted by Union law (Art. 28 and 32 Data Act).

§ 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.