Terms of Service of InterScript Sebastian Sobieraj (Spot.gg)

§ 1. Definitions

1. Failure – incorrect operation or non-operation of one or more Services.
2. Support – assistance provided to Clients through the Client Panel.
3. Contact details – information about the Client that allows contacting them.
4. Server players – people who play on a server purchased by the Client.
5. Commercial information – information as defined in art. 9 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204, as amended).
6. Client – an entity ordering Services from InterScript.
7. Client Panel Account – a panel assigned to each Client for ordering Services via the Internet, through which the Client has access to the Services they have ordered.
8. Limits – usage/load limits for a given Service, as set out in the Specification.
9. Logs – database records confirming the actions of server users.
10. Game – a computer game for which InterScript provides server hosting Services to the Client. The current list of supported Games, available engines and mod packs is published at https://spot.gg.
11. Subscription period – the period for which the Client has purchased a given service, and for which InterScript charges a fee for the hosting Services provided to the Client.
12. Client Panel – the system for managing a purchased Service. The Client Panel is located at https://spot.gg/user/servers.
13. Terms of Service – these General Terms of Service of InterScript, containing the rules governing the Client's use of the Services provided and the rules under which InterScript provides those Services.
14. Specification – the exact parameters of the Services provided by InterScript to the Client.
15. Agreement – the Agreement for the provision of Services concluded between the Client and InterScript, an integral part of which is the Terms of Service.
16. Services – services provided by InterScript to the Client under the concluded Agreement.
17. Service Provider – InterScript – InterScript Sebastian Sobieraj, Tax ID (NIP) PL6010066860. Registered business address: Chmielna 2/31, 00-020 Warsaw, Poland.
18. Deletion of a Client Panel account – deletion of all of the Client's files located on InterScript's servers and cessation of the provision of Services to the Client.
19. Authentication (Login) – providing the e-mail address specified during account registration in the Client Panel together with the password assigned to it.
20. User – a natural person, legal person, or organizational unit without legal personality using InterScript's Services on the basis of a written authorization granted by the Client, communicated to InterScript, whose e-mail address has been provided to InterScript in the Client Panel.
21. Order – the Client's indication, via the website https://spot.gg, of a demand for Services provided by InterScript, forming the basis for concluding the Agreement for the provision of Services between the Client and InterScript.

§ 2. General provisions

1. These Terms of Service constitute terms of service for the provision of services by electronic means within the meaning of art. 8 sec. 1 point 1 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204, as amended).

2. The basis for using InterScript's services is acceptance of these Terms of Service. The Terms of Service form an integral part of the Agreement concluded between InterScript and the Client.

   Submission by the Client of a demand for Services, regardless of whether it was made electronically or in writing, is equivalent to acceptance of the Terms of Service.

3. The Terms of Service set out the rights and obligations of InterScript and the Client arising from the concluded Agreement.

4. By accepting the Terms of Service, the Client agrees that InterScript will carry out any instructions regarding the Services and answer questions regarding the Services only if the Client, in issuing an instruction or sending a question, uses the User's e-mail address indicated in the Client Panel or uses the Ticket System.

5. InterScript reserves the right to amend the Terms of Service. InterScript will inform the Client electronically (by e-mail) of any change to the Terms of Service 14 days before such change takes effect. The Client's failure to accept the change is equivalent to termination of the Agreement at the end of the period for which the Client has paid.

§ 3. Account registration

1. Registering an Account is voluntary; however, it is required in order to order and pay for Hosting Services. Registration takes place at https://spot.gg/en/register.
2. To register an account, an active e-mail address and a password for the Client Panel are required.
3. During registration, the Client is also required to confirm that they have read and accept the terms of the above Terms of Service.
4. During account registration, the Client may indicate whether they wish to receive information from the Service Provider about InterScript news and promotions.
5. To complete the Account registration process, the Account must be activated in the Client Panel by following the link provided in the message sent to the e-mail address given during the Account registration process.

§ 4. Logging in to the Client Panel

1. Logging in to the Client Panel takes place at https://spot.gg/en/login.
2. Only the User may carry out the Authentication process.
3. InterScript is not liable for any damage resulting from disclosure of login details (e-mail and password) to third parties.
4. The login form is appropriately secured with SSL encryption.
5. In case of login problems, the User may reset their password at any time at https://spot.gg/en/forgot-password. Further instructions will be sent to the User by e-mail to the address provided during the registration process.

§ 5. Wallet

1. The Wallet is the Client's internal, virtual account in the Client Panel, which may hold funds belonging to the Client, in particular funds resulting from a refund of an earlier payment.
2. The Wallet cannot be topped up by the Client. Funds accumulated in the Wallet cannot be paid out to the Client's bank account.
3. If, at the time of placing an Order or renewing an active Service, there are funds in the Client's Wallet, they are automatically applied to that Order as a separate payment transaction - in full, if they cover the entire Order amount, or in part, if the Order amount is higher than the available funds (the Client pays the remaining amount due using another available payment method).
4. The Wallet informs the User of the current balance of funds and the history of operations on the Account, such as purchases of Services or the settlement of a refund.

§ 6. Payments

1. Payment for an Order may be made using funds accumulated in the Wallet (§ 5) as well as via the following payment methods: fast bank transfer (Przelewy24), including BLIK, PayPal, and payment card (Visa, Mastercard and others), processed by the operator Stripe.
2. When paying by card, payment card details are never transmitted to or stored by InterScript - they are received directly by the payment operator.
3. Prices of Services are expressed in Polish zloty (PLN) or in euro (EUR), depending on the currency assigned to a given Order. The currency is set automatically by default based on the Client's country and may be manually changed by the Client (in Account Settings or in the page header) before placing an Order. Once an Order has been placed, the currency assigned to it no longer changes.
4. For Orders in a currency other than Polish zloty (PLN), the only available payment method is a payment card - Przelewy24, PayPal and the Wallet are available only for Orders in Polish zloty (PLN).

§ 7. Customer Service Office

1. The scope of matters handled by Support:
   • Problems with the operation of the Server Panel, including reporting bugs.
   • Adding to the list of available engines and packs.
   • Payments and orders.
   • Ideas and suggestions for changes to the Client Panel.
   • Unblocking a server that has been blocked for some reason.
2. Support does not handle matters outside the above scope.
3. Support does not provide assistance with server configuration.
4. Support responds to requests submitted through the ticket system in the Client Panel within 7 business days of receipt. Requests are handled in the order in which they are received. The time limit for handling complaints is set out in § 18.
5. Support responds to messages sent by e-mail (outside the ticket system) without a fixed time limit. For matters requiring a response, the ticket system in the Client Panel should be used.

§ 7a. AI Assistant

1. InterScript provides an assistant based on artificial intelligence (hereinafter: the AI Assistant), available on the website https://spot.gg and in the Client Panel. The AI Assistant operates automatically and is not Support within the meaning of § 7.
2. The AI Assistant's answers are generated automatically and may be incomplete, outdated or incorrect. They are for information purposes only and do not constitute a binding statement or commitment by InterScript, in particular regarding prices, refunds or the terms of the Services - the provisions of the Terms and the information presented when placing an Order are binding.
3. After prior confirmation by the Client, the AI Assistant may perform actions on the Client's server, in particular install add-ons, change configuration files, send console commands and restart the server. The Client approves each such action and is responsible for the decision to perform it.
4. To the extent permitted by applicable law, InterScript is not liable for damage resulting from the Client being misled by the AI Assistant or for the consequences of actions performed by the AI Assistant on the Client's server, including loss of or damage to data. Before approving changes on the server, the Client should consider making a backup (§ 9a).

§ 8. Free server activation

1. A new server is launched exclusively through free activation in the Client Panel, which can also be reached via the button on the homepage https://spot.gg. During activation, the Client selects the game, the engine or mod pack, and the server parameters.
2. Free activation is free of charge, does not require payment card details and carries no obligation to renew.
3. The activity period of a server from free activation is shown during activation. It may vary depending on the day and time, but may not be shorter than 1 day (24 hours).
4. Only one server from free activation that has not been renewed may exist on a single Account at any given time. Another free server can be activated only after the previous one has been renewed or deleted.
5. If there are no free resources at the time of activation, the request is placed in a queue and the server is installed as soon as resources become available. The Client can see their position in the queue in the Client Panel.
6. Until it is renewed, a server from free activation:
   1. is not covered by backups (§ 9a),
   2. does not have access to the "Subaccounts" and "Task scheduler" features,
   3. may be stopped automatically when there are no players left on the server (after the last player logs out) - the Client can start it again in the Server Panel.
7. During free activation, the Client may change the server's parameters and its engine and/or pack. Changing the parameters affects the renewal price - all prices are shown before the change is confirmed.
8. Renewing a server from free activation (a paid Order) keeps its files and settings - from that moment the server is a paid Service to which the restrictions of sec. 6 do not apply.
9. If a server from free activation is not renewed, it is blocked when its activity period ends and then deleted in accordance with § 9 sec. 5 point 2.

§ 9. Duration of the Agreement

1. The Agreement is concluded for the duration of the Subscription period of a given Service.
2. 7 days before the end of the Subscription period of a given Service, InterScript will inform the Client by e-mail of the approaching end of the Subscription period.
3. Renewal of the Service's activity is equivalent to concluding a subsequent Agreement for the provision of Services for the next Subscription period.
4. At the end of the Subscription period, the Service is blocked, which means access to it is denied.
5. After the end of the Subscription period and the Service being blocked for this reason, the Client may renew it while keeping the data. How long the data is kept depends on the type of Service:
   1. Paid Service (including a server from free activation that has been renewed) - for 7 days after the end of the Subscription period the server remains blocked and its data stays in place. After that time the server enters the R.I.P. state: it is taken off the machine, and a copy of its files is kept until 30 days after the end of the Subscription period. During this time the Client may resurrect the Service by paying for its renewal. After 30 days from the end of the Subscription period, the Service and its data are permanently deleted without the possibility of recovery.
   2. Server from free activation that has not been renewed - the data is kept for 7 days after the end of the activity period. During this time the Client may renew the server while keeping the data. After 7 days the server and its data are permanently deleted without the possibility of recovery (without the R.I.P. state).
6. The Service Provider reserves the right to change the prices of Services. A price change does not affect Subscription periods already paid for. The current price is shown to the Client every time before placing an Order, and in the case of Automatic renewal (§ 10) - with appropriate advance notice, in accordance with § 10 sec. 4.

§ 9a. Backups

1. InterScript automatically makes backups of the files of paid Services once a day. Automatic backups are kept for 7 days.
2. The Client may additionally create backups themselves in the Server Panel, including before updating or reinstalling an engine or mod pack. Backups created by the Client are kept for 24 hours. The number of such backups and the minimum interval between them are limited - the current limits are shown in the Server Panel.
3. Servers from free activation that have not been renewed are not covered by backups - neither automatic ones nor those created by the Client.
4. Backups do not count towards the Service's disk limit. A backup can be restored in the Server Panel; backups cannot be downloaded. Backups do not include, among other things, server logs, backups created by plugins or mods, or web map files (e.g. DynMap, BlueMap).
5. Backups are an additional service provided without a guarantee of completeness or continuity. InterScript makes every effort to ensure that backups are made regularly, but the Client is responsible for the security of the data (§ 14 sec. 3) and should secure important data themselves. A backup created while the server is running may not fully reflect a consistent state of the files.

§ 10. Automatic renewal (by payment card)

1. A Client paying for a Service by payment card may activate Automatic renewal - consisting of automatically charging the saved card with the amount due for the next Subscription period, without the need to manually place a renewal Order.
2. Automatic renewal is disabled by default. Activating it requires the Client's clear, voluntary consent, given in the Client Panel (Settings -> Payment methods). The Client may, at any time, without giving a reason and without any consequences, disable Automatic renewal in the same place. Disabling it does not affect charges already made.
3. The amount of each charge under Automatic renewal is calculated on the day of the charge, based on the current parameters of the Service (RAM, disk) and the prices in effect on that day (§ 9 sec. 6) - it may differ from the amount charged at the previous renewal, in particular as a result of a change to the Service's parameters by the Client or a change in prices by the Service Provider.
4. The planned amount of the next charge under Automatic renewal is shown to the Client each time in the reminder referred to in § 9 sec. 2.
5. If the card charge fails (e.g. insufficient funds, expired card, bank decline), the Service Provider may make further charge attempts within a short period after the failed attempt. If the charge still fails by the end of the Subscription period, the rules on the end of the Subscription period set out in § 9 apply.
6. The right of withdrawal from the agreement set out in § 19 applies to charges made under Automatic renewal on the same terms as to other Orders.
7. Payment card data used for Automatic renewal is stored solely by the payment operator - InterScript has no access to it and does not store it (§ 6 sec. 2).

§ 11. InterScript's obligations

1. InterScript is obliged to ensure full availability of the Services and to provide the Services with due diligence, in accordance with the provisions of the Agreement and the Terms of Service.
2. InterScript reserves the right to carry out technical breaks at any time, if required by the situation.
3. InterScript is obliged to inform the Client of every change to the Terms of Service.

§ 12. Client's obligations

1. The Client is obliged to use the Services provided by InterScript in a manner that does not infringe the rights of third parties, in particular copyright and related rights and personal rights, to comply with the law, to respect the principles of social coexistence and good customs, the provisions of the Agreement and the Terms of Service, and to refrain from using the Services to post, share, and distribute unlawful content that infringes others' rights and personal rights, good customs, and principles of social coexistence, as well as from sending Spam.
2. The Client is obliged not to take any action that could cause damage to other Clients or Users. The Client is also obliged not to place on InterScript's server any files, scripts, or programs that could cause the server, connections, or other people's accounts to malfunction.

§ 13. InterScript's liability

1. InterScript is liable for the non-performance or improper performance of the Services entrusted to it, unless this was due to reasons for which InterScript is not responsible.
2. InterScript is not liable for the non-performance or improper performance of the Services if it resulted from circumstances such as, in particular:
   1. Lack of continuity of the provision of Services caused by the action or omission of entities other than InterScript.
   2. A hardware or software failure that InterScript could not have prevented and had no influence over.
   3. Force majeure.
   4. Improper use of the Services by the User:
      1. Unintentional installation of plugins/mods from unreliable sources, and installation of plugins/mods compatible with software placed by InterScript in the server management panel.
      2. Incompetent server configuration. Making numerous configuration errors due to the User's lack of knowledge necessary for the Service to function correctly.
      3. Breach by the Client of the provisions of the Agreement, the Terms of Service, or the law.
      4. Unauthorized persons gaining access to the Client's Account.
      5. Other irregularities not foreseen by the Terms of Service, generated by the User.
   5. Action of a computer virus.
   6. Information, programs, applications, and files downloaded by the Client from the Internet.
   7. A DDoS attack, i.e. an attack on a computer system or network service aimed at preventing it from functioning by occupying all available resources, carried out simultaneously from multiple computers.
3. InterScript bears no liability whatsoever for content placed by the Client on the server made available to them.
4. InterScript is not liable for lost profits of the Client, and its potential liability for non-performance or improper performance of the Agreement is limited to the amount of the subscription fee paid by the Client.
5. InterScript is not liable for the operation of software of which it is not the author. This applies to server engines, plugins, mods, and other types of software.

§ 14. Client's liability

1. The Client bears full responsibility for the content located on the part of the server made available to them.
2. The Client bears full responsibility for the manner in which the Services are used by the User, including any breaches by the User of the provisions of the Agreement, the Terms of Service, generally applicable laws, principles of social coexistence and good customs, as well as the sending of Spam. If InterScript becomes aware that a User has committed a breach, the Client undertakes to cooperate in combating the User's unlawful activity, including by providing data enabling the User's identification.
3. The Client bears sole and unlimited responsibility for data stored on InterScript's server.
4. InterScript may seek compensation for damage it has suffered in connection with improper use of the Services by the Client, breach of the provisions of the Agreement, the Terms of Service, generally applicable laws, or principles of social coexistence and good customs committed by the Client or the User.

§ 15. Client's rights

1. The Client has the right to fully use the ordered Services, provided this is done in a manner that does not infringe the law, the provisions of the Agreement, the Terms of Service, the rights of other persons, good customs, or principles of social coexistence.
2. The Client has the right to authorize another entity (a User) to use the InterScript Services ordered by the Client to the extent specified in the authorization; however, the Client bears full responsibility for any damage resulting from granting such access.
3. The Client has the right to file complaints regarding the Services provided by InterScript.

§ 16. Restrictions

1. The Client may not use the Services provided by InterScript to post, share, or distribute unlawful content that infringes others' rights and personal rights, good customs, or principles of social coexistence, or to send Spam. The Client may not make available for payment the resources allocated to them by InterScript.
2. If InterScript becomes aware that the Client has breached paragraph 1 of this section, InterScript is entitled to block the Services provided to the Client and to cease providing them without the possibility of a refund, as well as to notify the relevant authorities of the legal violation committed by the Client.
3. In special cases, if the provision of Services to the Client causes an excessive load on InterScript's server, and consequently a deterioration in the quality of the Services provided to other Clients, InterScript has the right to block the Client's Services, of which the Client is notified in the Client Panel.

§ 17. Security

1. InterScript will appropriately secure the data of Clients and Users.
2. InterScript will appropriately secure the User's connection to the server.
3. The Client is obliged to keep the login details for the Client Panel confidential and not to disclose or share them with third parties.

§ 18. Complaints

1. The Client has the right to file complaints regarding the operation of the hosting service.
2. All complaints are handled through the Ticket System in the Client Panel.
3. The Service Provider will consider the complaint within 14 calendar days of its receipt. The Client will be informed of the decision in the form of a response in the Ticket System in the Client Panel, as well as by electronic notification.
4. If a complaint is upheld, the Service Provider will take appropriate action, including remedying the irregularity, extending the validity of the service, providing compensation, or another form of redress, depending on the nature of the complaint.

§ 19. Withdrawal from the Agreement

1. A consumer who has concluded a distance contract has the right to withdraw from it without giving a reason within 14 days of the date the contract was concluded, in accordance with the Act of 30 May 2014 on consumer rights.
2. To exercise the right of withdrawal, the consumer must inform the seller of their decision via the Ticket System in the Client Panel.
3. In the event of withdrawal from the contract, the Service Provider will refund the payments received from the consumer, less the amount corresponding to the period of service activity already used, no later than 14 days from the date of receiving the notice of withdrawal.

§ 20. Final provisions

1. In matters not regulated by these Terms of Service, the applicable provisions of Polish law shall apply.
2. The court having jurisdiction to resolve disputes arising from these Terms of Service is the court having jurisdiction over the Service Provider's registered office.