Terms
Popgun Servers - Terms of Service
Version 1.0 At a glance
- You buy the resources, location and billing period shown in your order.
- You can choose a subscription or a one-time payment for an available period. Automatic renewal requires your express choice.
- Your account does not expire because of inactivity or because a paid service has ended.
- Wallet credit is for Popgun Servers services, not for collecting earnings or withdrawing contributions.
- Starting hosting immediately does not automatically remove a consumer's statutory withdrawal right.
- Statutory remedies remain available if a service is not supplied or does not conform to the contract.
- Keep independent backups of your data. We remain responsible for the backup services we expressly agree to provide.
1. Who we are and how to contact us
Popgun Servers is operated under the name Open Makers, with its business address at ul. Stefana Drzewieckiego 9c/9, 80-464 Gdańsk, Poland, tax identification number (NIP) 9570675395. In these Terms, "we", "us" and "Popgun Servers" mean the operator identified above. "You" means the person or organisation entering into the contract. Contact us by email at support@popgunservers.com, through the contact page, through your account's support channel, or by post at the address above. These channels may be used for questions, complaints, cancellation requests and statutory declarations. Loss of account access does not prevent you from contacting us or exercising your rights. 2. Scope, definitions and contract documents A Service is the game-server hosting and any expressly ordered related functionality that we agree to provide. An Order identifies the selected Service, its price, duration, resources and other specific conditions. A Service Specification is the description made available before ordering, including technical requirements and any support, backup or availability commitments. A Consumer is a natural person acting for purposes outside their trade, business, craft or profession. A Protected Sole Trader is a natural person concluding a business-related contract that is not of a professional nature for that person, as determined under Polish law, including by reference to their registered business activity. A Business Customer is a customer acting commercially who is not entitled to the relevant consumer protection. Consumers have the statutory protections described here. Protected Sole Traders receive those protections to the extent Polish law extends them, including the applicable withdrawal, digital-service conformity and unfair-contract-term protections. Providing a tax number does not by itself remove these rights. Mandatory law takes precedence. Subject to it, the contract consists of the Order and expressly agreed individual terms, the applicable Service Specification, and the version of these Terms supplied when the contract is concluded, in that order. A product-specific term cannot reduce a mandatory right. A separate service-level agreement (SLA) applies only when expressly included in the Order. A Data Processing Agreement governs processing performed on your behalf where applicable. The Privacy Policy and separate cookie information explain personal-data and cookie processing. Accepting these Terms is not consent to optional tracking or marketing. The AI Terms govern optional use of the AI assistant and cannot reduce rights under your Service contract. AI-generated statements do not amend an Order or authorise a charge. We make the applicable Terms available before purchase in a form you can save and reproduce. Publishing a new website version does not by itself amend an existing contract. 3. The Service you order The Order and Service Specification identify the game and server type, resource allocation, whether resources are shared or dedicated, player or slot limits where applicable, location, storage, network restrictions, panel access and any ordered add-ons. They also identify supported versions, compatibility requirements, necessary game accounts and licences, installation responsibilities, activation timing and the start of the paid period. Your internet connection, compatible device, browser and any required publisher account or client licence are your responsibility unless the Order says otherwise. Only expressly listed features are included. VPS, domains, standalone storage, managed administration, backups, premium mods, marketplace or reseller services are not included merely because they are mentioned elsewhere on our website. Mods, plugins, maps and game-server software may be subject to publisher or third-party licences. We disclose relevant restrictions before purchase. You must have the rights needed for what you install and distribute. A publisher or licence change does not automatically excuse our failure to supply the contracted Service. Unless the Order expressly includes managed configuration, you and your authorised administrators install and configure maps, mods and plugins and maintain their compatibility. Standard infrastructure support does not include developing or repairing your custom additions. This does not exclude our responsibility for the infrastructure, tools and managed work we supply, or your statutory remedies. We do not promise unlimited CPU, memory, storage, traffic, DDoS protection or player capacity. Any fair-use rule or technical restriction affecting the purchase must be specific, accessible before ordering and consistent with the Order. 4. Accounts and authorised users Provide accurate contact and billing information and keep it current. You must have legal capacity to enter into the contract, or valid representation or consent where the law requires it. A person ordering for an organisation must be authorised to bind it. Keep credentials and recovery methods secure, use the available security protections, and notify us promptly if access may be compromised. Give administrators and team members only the permissions they need and remove access when it is no longer appropriate. Authorised users may act within the permissions you grant. You are responsible for their authorised instructions to the extent permitted by law, but not automatically for every action following a security failure attributable to us. We remain responsible for enforcing our access controls. Accounts do not expire or close because of inactivity or because a paid Service has ended. Account access and each paid Service are distinct. The end of a server's paid period may end that Service and trigger its disclosed data-retention rules, but does not itself close your account. You may request account closure through the contact channels in section 1. We explain how active Services, outstanding charges, wallet credit and data will be handled before carrying it out. Closing an account does not remove outstanding statutory claims or create a right to withdraw contributions paid by other people. Restrictions or termination for misuse, serious contractual breaches or legal obligations remain subject to section 13. ## 4.1. Deleting your account yourself You can delete your own account in the account settings. Deletion is available only from your personal account context and only when the account has no servers, websites, databases or active subscriptions; delete or cancel them first. To prevent accidental or unauthorised deletion, you must accept each consequence listed below, type your account email address and enter a one-time code we send to that address. The code expires after 15 minutes and is invalidated after five wrong attempts. By confirming the deletion you accept that: Wallet points are forfeited. Any PTS balance, including promotional credit and contributions received, is cancelled and cannot be refunded, transferred or paid out after deletion. Before deleting, request any refund you are entitled to under section 7.2 and download your invoices; deletion does not waive a refund claim you submitted before deleting. Deletion cannot be undone. We do not restore deleted accounts, including from our backups. Copies of your data that remain in backups are not used for restoration and are overwritten under our regular backup rotation. Deletion is total. Your profile, sign-in methods (password, passkeys, two-factor authentication, single sign-on links), API keys, connected AI apps, saved payment methods, notifications, account history, team memberships, team invitations and roles, and your donation link are deleted, and every active session is signed out. Members you invited lose access to your account, and your access to other teams ends. Records required by law are kept. Orders, payments, invoices, the wallet ledger and complaint correspondence are retained without your contact details for the periods required by tax, accounting and consumer law, and are then deleted. You may register again. The same email address can be used to create a new account, which starts empty, without the history, balance, settings or eligibility of the deleted account. 5. Ordering and activation Before you place a paid Order, we show the Service's main characteristics, total price, billing period, duration, renewal rules, cancellation method and any minimum commitment. You can review and correct the Order before submitting it using a button clearly indicating an obligation to pay. Your submission is an offer to purchase. The contract is concluded when we send an express acceptance identifying the Order; an automated acknowledgement of receipt alone is not acceptance. If we cannot accept an Order, we notify you and return any payment collected for it without undue delay. We send confirmation on a durable medium, such as an email containing the agreed details and an attached or included copy of the applicable Terms, before performance begins. A link to an editable website page is not the sole confirmation. The confirmation includes any early-start request and applicable statutory information. Activation and billing follow the timing shown in the accepted Order. Payment alone does not guarantee immediate capacity. If a Service is not supplied when agreed, you may require supply and use the remedies in section 9 where applicable. 6. Prices, payment and promotions Consumer prices show the total payable, including VAT and other applicable taxes, in the currency stated at checkout. Any separately presented net business price is clearly labelled. Mandatory fees are disclosed before purchase; optional extras require an active choice. The Order identifies available payment methods, due dates and the treatment of failed or pending payments. We provide the legally required billing document using your billing information. A payment provider's processing time does not change statutory rights. Available one-time periods and subscription intervals are shown before payment. Where offered, these include 1, 3, 6 and 12 months. The checkout shows the total payable and any monthly equivalent or savings. The total for a multi-month period is payable as disclosed at checkout; a monthly equivalent does not mean payment in monthly instalments. Longer-period discounts apply only as displayed in the offer. Promotions state eligibility, duration, what is discounted, whether a discount applies to renewal and the price after the promotion. Where price-reduction disclosure rules apply, we show the required reference price. A renewal is not advertised at an introductory price that no longer applies. We do not retroactively increase the price of an already paid fixed period. A future renewal price is disclosed in advance under the accepted renewal rules and applicable law, with a genuine opportunity not to renew before a charge is made. 7. Wallet credit, contributions and promotional credit The wallet is a prepayment mechanism for eligible Popgun Servers Services, not an earnings account, fundraising payout service or money-transfer facility. Points (PTS) represent service credit within the platform; they are not withdrawable earnings. Describing credit as points does not remove rights arising from an actual payment. Wallet credit cannot be transferred to another account or wallet, including another account belonging to the same person. This applies to your own top-ups, contributions, promotional credit and restored service credit. A donation or contribution must be a new payment through an external payment provider; it cannot be funded from an existing wallet balance. Before a top-up or contribution, we disclose its purpose, eligible use, payment currency, amount, applicable conversion rate and number of PTS to be credited. Later exchange-rate changes do not retrospectively revalue credited points. Any refund is calculated against the original payment and its currency, not a new conversion of points at the current rate, subject to mandatory rights. 7.1. Contributions fund hosting, not the account holder's income A payment through a donation or contribution link purchases credit for eligible Services on the identified beneficiary account. It is not money held for payout to the beneficiary. We identify the beneficiary and explain the payment's purpose before payment. The label "donation" does not determine the payment's legal or tax classification. As the beneficiary, you may use contributed credit only for eligible Services. You cannot withdraw it, exchange or sell it for cash, transfer it to another wallet, or direct its refund to yourself or another recipient. You must not use the wallet to collect income, broker payments, circulate funds through related accounts or convert contributions into your own refundable top-ups. Closing the account, cancelling or downgrading a Service, receiving service credit or moving amounts between internal balances does not turn contributed credit into your own payment or create a payout entitlement. Restored credit retains its original funding source and does not become freely withdrawable. You must not promise contributors that we will pay their contributions to you or operate the contribution link as a general-purpose fundraising or investment service. Any benefit you separately promise a contributor does not bind us or create a payout obligation. 7.2. Refunds are not beneficiary withdrawals Receiving contributed credit does not give the beneficiary a right to demand a cash refund of someone else's payment. Where a refund is legally due or approved under the disclosed policy, it returns to the original payer through the original payment method, not to the beneficiary. If the original method cannot be used, we verify an alternative destination belonging to the same payer and obtain any agreement required by law. The beneficiary cannot nominate a substitute recipient. A refund must be linked to the original payment and its original currency and cannot exceed the amount still refundable after earlier refunds or reversals. Points conversion, exchange-rate differences, promotional bonuses and repeated requests must not create an additional payout. This rule does not limit separate statutory claims for damages, interest or other mandatory remedies. The corresponding credit is reconciled when a payment is refunded or reversed so the same value cannot both remain available for spending and be returned as money. If credit has already been spent, we determine the lawful settlement separately; lack of unused points does not itself defeat a valid statutory refund. If a contibution is reversed or charged back, the coresponding credit is deduted from beneficiary's wallet. For mixed-source purchases, refunds and restored credits are attributed to the underlying payments rather than treating the entire wallet as the beneficiary's own cash. Neither the beneficiary nor a contributor may use cancellation, complaints or repeated refunds to cash out another person's payment or obtain the same refund twice. These rules also apply when considering a refund of your own top-up: eligibility depends on the original payment, the contract and applicable law, not merely the current PTS balance. A wallet balance is not an unconditional withdrawal entitlement. Nothing here removes a contributor's or customer's applicable withdrawal, non-conformity, unauthorised-payment or other mandatory rights. We assess who is legally entitled to each remedy and do not impose a blanket "donations are non-refundable" rule. 7.3. Promotional credit and suspected misuse Promotional credit is not money paid by you and is not redeemable for cash unless the promotion expressly says otherwise. Its conditions and expiry must be disclosed before you acquire or use it. Expiring promotional credit does not justify forfeiting paid funds. Neither describing a payment as a top-up nor crediting the wallet removes statutory refund rights. We do not force a statutory cash refund into account credit. A refund follows the original payment method unless you expressly agree otherwise without cost. Service credits under an agreed SLA are separate from paid balance, promotional credit and statutory remedies. We do not describe the wallet as a bank deposit. Where there are concrete indications of misuse, we may request proportionate evidence of a payment's origin or restrict the affected contribution functionality under section 13. Making a refund request is not itself misuse. We explain the decision, provide human review and do not use an investigation to impose an indefinite hold, confiscate legitimate funds or evade statutory refund deadlines. 7.4. Balance limits The wallet is intended to pay for Services, not to accumulate an unlimited balance. The applicable maximum wallet balance and remaining capacity are disclosed before a top-up or contribution. Held or reserved credit remains part of the balance when applying the limit. We may refuse or block a new top-up or contribution that would exceed the available capacity. If an external payment nevertheless arrives that cannot be credited within the limit, we arrange its return to the original payer rather than transfer it to another wallet or retain it without providing credit. A credit legally or contractually due following cancellation, correction or refund is not forfeited merely because it would exceed the limit. In that case new incoming payments may be blocked until capacity becomes available, while existing credit remains usable for eligible Services. A balance restriction does not close the account, confiscate existing credit or prevent a legally due refund. We show the applicable limit and the reason for blocking a new payment. Neither reaching the cap nor inactivity causes paid funds to expire or be forfeited. Contributions do not become payable to the beneficiary when the account is inactive or has no active Services. 8. Billing periods, renewal and cancellation Each Order states whether it is a one-time fixed period, a manually renewed Service or an automatically renewed subscription. Automatic renewal and its payment source must be expressly disclosed and accepted. Merely storing a payment method, topping up the wallet or choosing a billing period does not authorise recurring charges. A one-time purchase does not renew automatically. To continue using the Service, you must purchase another period using the options available before the current period ends or reactivate it where offered. A subscription renews at the interval and price disclosed at checkout, subject to any validly notified future change. The checkout identifies the recurring amount, payment method and cancellation conditions. Turning off renewal does not remove time already paid for. You can stop automatic renewal through the control available in your account or by contacting us through section 1. We confirm receipt and the effective end date on a durable medium. Renewal cannot be made harder to stop merely because payment uses wallet credit. Unless a statutory or contractual right provides otherwise, cancellation of renewal ends the Service at the end of its paid period, with access continuing until then. It is not the same as withdrawal or termination for non-conformity. Statutory refunds remain available. Before suspension for non-payment, we identify the unpaid amount and allow the reasonable opportunity to pay disclosed for the Service. We explain the effect on access and data. Server data are not retained indefinitely after Service expiry; section 11 applies. Your account itself does not expire. 9. Consumer rights: supply and conformity We supply the Service in conformity with the contract and applicable statutory requirements, including relevant requirements for functionality, compatibility, interoperability, continuity and security. A departure from an objective conformity requirement is effective only where the law permits it and you were specifically informed and expressly and separately accepted it when concluding the contract. General acceptance of these Terms is not sufficient. For continuous supply, we are responsible for conformity throughout the contracted supply period. We provide and inform you about updates, including security updates, as required by law. If your cooperation or installation is necessary, we explain what is needed and the consequences; failure to install an update does not automatically remove all rights. If we fail to supply the Service, you may call on us to supply it. If we then fail to do so without undue delay or within an expressly agreed additional period, you may withdraw. You may withdraw without first calling for supply where the law allows it, including refusal to supply or failure to meet a time essential to the contract. If the Service is not in conformity, you may require us to bring it into conformity unless doing so is impossible or would impose disproportionate costs under the statutory test. We must do so within a reasonable time after being informed, free of charge and without significant inconvenience. You may obtain a proportionate price reduction or withdraw in the circumstances provided by law, including where bringing the Service into conformity is impossible or disproportionate, we fail to do so, non-conformity persists, it is sufficiently serious to justify an immediate remedy, or timely restoration without significant inconvenience clearly will not occur. For a paid Service, withdrawal is unavailable for merely minor non-conformity; we bear the applicable statutory burden of proving that it is minor. For continuous Services, a reduction reflects the affected period and reduced value. On withdrawal, the statutory refund covers the non-conforming period and any prepaid period after termination, as applicable. Required refunds are made without undue delay and no later than 14 days after receipt of the relevant statement, using the same payment method unless you expressly agree otherwise without cost. These rights do not depend on buying an SLA, maintaining an active subscription, accepting promotional credit or allowing unlimited repair attempts. Statutory evidential presumptions and burden-of-proof rules apply. 10. Consumer withdrawal within 14 days A Consumer, and a Protected Sole Trader where applicable, may withdraw from an online Service contract within 14 days from its conclusion without giving a reason, subject to the statutory rules and exceptions. Missing required withdrawal information may extend that period as provided by law. Send an unambiguous statement to the email or postal address in section 1, or through the contact page. Sending it before the deadline is sufficient. You may use the model form below, but you do not have to. We acknowledge an online withdrawal submission on a durable medium without undue delay. We reimburse payments due following withdrawal without undue delay and within 14 days after being informed, using the original payment method unless you expressly agree to another cost-free method. If you expressly request that a paid Service start during the withdrawal period, and the statutory information and request requirements have been satisfied, you pay only the proportionate amount legally due for performance up to the time you notify us of withdrawal. Where those requirements are not met, we do not impose a charge that the law excludes. Activating continuously supplied hosting is not full performance and does not itself remove the withdrawal right. Loss of that right upon full performance of a paid service requires the prior express consent, acknowledgement and other conditions prescribed by law. Digital content not supplied on a tangible medium is a separate legal category. We do not apply its start-of-supply exception to ongoing hosting. If such content is sold separately, its checkout must contain the specific prior express consent and acknowledgement, and we must provide the required confirmation, before invoking any lawful loss of the withdrawal right. Optional model withdrawal form To: Open Makers, ul. Stefana Drzewieckiego 9c/9, 80-464 Gdańsk, Poland; support@popgunservers.com I/We hereby give notice that I/We withdraw from my/our contract for the following Service: Order number and date of contract: Name of consumer(s): Address of consumer(s): Date: Signature of consumer(s), only if this form is submitted on paper: 11. Availability, support, backups and data lifecycle We provide the Service with the care and conformity required by the contract and law. A guaranteed availability percentage, response time, backup frequency or recovery objective exists only if expressly included in the Service Specification or SLA. This does not exclude ordinary statutory obligations. The Service Specification identifies applicable support availability, maintenance arrangements, DDoS mitigation limits, backup scope and retention, and any restoration options or charges. Do not assume that a backup or managed-support service is included unless it is expressly listed. We notify you of planned work under the arrangements disclosed for the Service and limit disruption reasonably. Urgent security work may be carried out sooner, with information as soon as it is lawful and practicable. Maintenance or a third-party outage is not automatically excluded from consumer conformity rights. Connection quality and performance can be affected by the player's internet connection, inter-operator routing and installed mods or plugins. We investigate the reported problem and distinguish these factors from faults in the Service we provide; their possible involvement is not a blanket exclusion of responsibility. Keep independent copies of important worlds, configurations and other data, especially before changing or deleting them. Our backup obligations, if purchased or included, remain ours; a request that you keep independent copies does not waive them. Before purchase, we disclose when runtime ends and the applicable periods for access, export, retention and deletion of server data and backups after expiry, cancellation or suspension. We notify you of approaching deletion using the agreed channel, except where an immediate legal or security requirement prevents this. Backups do not imply indefinite recoverability. An intentional deletion request may make recovery impossible, so its scope and consequences must be clear before confirmation. Keeping your account open does not extend the retention period for an expired or deleted Service. Personal-data access and portability follow the GDPR. Where digital-service law requires us to make eligible non-personal content you supplied or created available after termination, we do so free of charge, without hindrance, within a reasonable time and in a commonly used machine-readable format, subject only to statutory exceptions. Routine retention or export charges cannot override these rights. 12. Acceptable use Use the Service lawfully and within the disclosed technical and licensing limits. In particular, do not:
- launch, facilitate or knowingly support DDoS attacks, unauthorised access, exploitation, malware distribution or credential theft;
- use resources for cryptocurrency mining, phishing, spam or activities outside the permitted game-hosting purpose;
- bypass resource, permission, network or billing controls, or deliberately disrupt other customers;
- circumvent purchased player-slot or resource limits, or use ports not assigned or authorised for your Service;
- use server file access as an independent file-sharing service unrelated to the ordered game hosting;
- store or distribute illegal content, infringe copyright or other rights, or use games, maps, mods and plugins without the required permissions;
- knowingly allow people you control or authorise to use the Service for those activities.