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Terms and Conditions

Last updated: November 15, 2025

Welcome to ERGamesPRO ("we", "us", "our"). We provide on-demand, pay-as-you-go game server hosting (the "Service"). These Terms govern your access to and use of our website (ergames.pro), our application (app.ergames.pro), and the Service. By creating an account or using the Service, you agree to be bound by these Terms.

1. Our Merchant of Record (Payments)

Our order process is conducted by our online reseller Polar.sh. Polar.sh is the Merchant of Record (MoR) for all our orders. Polar.sh provides all customer service inquiries and handles returns. When you purchase account credits, your purchase is with Polar.sh, and you are subject to Polar.sh's Checkout Buyer Terms and Conditions. We provide the platform and the Service, which you consume using those credits.

2. The Service

  1. Account Credits: You purchase "Credits" in US Dollars ($) through our Merchant of Record (Polar.sh). These Credits are added to your account balance.
  2. Pay-As-You-Go Billing: When you start a server, we apply an initial 12-minute charge (1/5 of the hourly price). While the server is running, billing continues in 12-minute increments based on the stated hourly cost.
  3. No Credit, No Service: If your account balance reaches zero, any running servers will be automatically stopped. We are not responsible for any data loss or inconvenience resulting from a server being stopped due to insufficient funds.

3. Account Registration

You must be at least 18 years old to create an account. You are responsible for safeguarding your account login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Free Trial Credit

  • New accounts receive $5.00 in free trial credit upon signup.
  • This Free Credit is for trial purposes only and holds no cash value.
  • It cannot be refunded, transferred, or redeemed for cash.
  • The Free Credit will be the first-used portion of your balance.
  • We reserve the right to revoke or modify the Free Credit offer at any time.

5. Acceptable Use Policy (AUP)

You are solely responsible for the content, data, and applications you run on your server ("User Content"). You agree not to use the Service for any of the following prohibited activities:

  • Illegal Activities: Hosting, distributing, or linking to any content that is illegal under Irish or EU law, including content that infringes on intellectual property rights.
  • Network Abuse: Activities that disrupt or interfere with our network or the services of others, including DDoS attacks, network scanning, or spreading malware/viruses.
  • Harmful or Obscene Content: Defamatory, harassing, abusive content, or content that promotes hate speech or violence.
  • Fraud or Phishing: Phishing websites, scam content, or any activity designed to deceive users.
  • System Abuse: Cryptocurrency mining or other high‑CPU, non‑gaming activity that places an excessive load on shared infrastructure.

Violation of this AUP may result in the immediate suspension or termination of your servers and/or your account, with or without notice.

6. Storage and Data

  1. Storage Limits: Each server plan includes a soft storage limit, which varies depending on your selected plan. We expect fair use and reserve the right to charge for storage or usage that significantly exceeds normal or reasonable limits for your plan.
  2. Data Responsibility: You are solely responsible for your User Content and data. Backups may be provided as a convenience, but availability or integrity is not guaranteed. Make your own backups.
  3. Data Loss: We are not liable for any loss of User Content or data, whether from server deletion, hardware failure, account termination, or any other cause.

7. Termination

  • Termination by You: You may stop using the Service and delete your account at any time. Any remaining purchased (non‑promotional) credits may be eligible for a refund as defined in our Refund Policy. Purchased credits are non‑refundable after the 14‑day withdrawal period has expired or after they have been partially used; any outstanding balance on a terminated account may be forfeited.
  • Termination by Us: We may suspend or terminate your account and access to the Service at our sole discretion, without notice, for any violation of these Terms (especially the AUP) or for any other reason.

8. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ERGAMESPRO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF CREDITS YOU HAVE PURCHASED (NOT INCLUDING FREE CREDITS) IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

9. Governing Law

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

10. Changes to Terms

We may modify these Terms at any time by posting updated Terms on our website. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.