Terms of Service

You must be at least 13 years old to use our services. If you are located in the European Economic Area, the United Kingdom, or another jurisdiction with a higher age of digital consent, you may use the services only where lawful and, if you are below the applicable age of digital consent, only with the required authorization from a parent or legal guardian.

If you are under 18 (or under the age of majority where you live), you may use the services only with the involvement of a parent or legal guardian, who must review and accept these Terms, authorize purchases and renewals, and be responsible for the minor's use of the services. Acceptance entered by a minor alone does not by itself bind a parent or guardian or form a contract with them. Where a parent or legal guardian accepts these Terms and authorizes the account, they are the responsible contracting party, and we process account and billing data to perform that contract and to meet our legal obligations; where a guardian has not accepted, we rely on our legitimate interests and legal obligations for any processing needed to operate or wind down the account. We may request date of birth, age range, parental-consent information, or other eligibility information where needed for legal compliance, fraud prevention, or account safety, and we may decline, suspend, or limit service where eligibility or required consent cannot be verified.

To provide verifiable parental consent, a parent or guardian may use any of the following methods:

• Complete and electronically sign our parental consent form together with a payment-card or online-payment transaction that provides notification of each discrete transaction to the parent or legal guardian who is the cardholder
• Submit a notarized consent affidavit
• Complete government-issued identity verification of the consenting parent or legal guardian (not the minor) through our designated provider

If we request verifiable parental consent, consent must be verified within thirty (30) days of the request unless we specify a shorter period for legal, safety, or operational reasons. Until parental authorization is verified for an account holder we identify as below the applicable age of digital consent, we limit processing of that account to what is necessary to perform the contract and comply with law, and we do not carry out consent-based processing of the minor's data (including non-essential analytics and marketing); such processing begins only after authorization is verified. If consent is not verified, we may suspend or close the account and will delete related minor personal data within thirty (30) days of the consent request, subject only to legal-hold or legal-obligation exceptions. We retain a limited record of verified parental consent as documentation of our lawful basis for processing.

3.1.1 Exercise of Parental Rights

A parent or legal guardian who has consented may, at any time, review the minor's personal information, request its correction or deletion, refuse further collection or use, or withdraw consent, by contacting legal@pyro.host or submitting a ticket at portal.pyro.host. We will verify the requester's identity and authority and respond within thirty (30) days. Withdrawal of consent will result in closure of the account and deletion of the minor's personal data within thirty (30) days, as described in the "Children's Data" entry in our Privacy Policy, subject only to legal-hold or legal-obligation exceptions, and will never be made more difficult than granting consent.

If you are using our services on behalf of a company, organization, or other entity, you represent that you have the authority to bind such entity to these Terms and agree to be legally bound by these Terms on behalf of such entity.

You must provide accurate, current, and complete information during registration and maintain the accuracy of this information throughout your use of our services. You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use or security breach
• Using strong, unique passwords and enabling two-factor authentication when available

Business entities must provide valid tax identification information and may be required to provide additional verification documentation. The individual creating a business account represents they have authority to bind the entity to these Terms.

We accept payments through Stripe and PayPal. By providing payment information, you authorize us to charge your selected payment method for all applicable fees, taxes, and charges, including recurring charges on renewal as described in Section 4.2.1. Prepaid fees for the current service term are non-refundable unless explicitly stated otherwise or required by applicable law. As a goodwill measure, and separately from your statutory rights, if you cancel within forty-eight (48) hours of an initial purchase or a renewal charge and have not used the service during that period, you may request a goodwill refund or account credit for that charge. This goodwill refund is a discretionary courtesy and not a guarantee, and it is offered in addition to, and does not limit, your statutory rights.

Any usage of the service during the goodwill period ends your eligibility for a goodwill refund. For this purpose, "usage" means any of the following after the charge: the service has been provisioned and made accessible to you, for example where control-panel, root, or file-access credentials have been issued to you or first accessed; a server, instance, container, or database has been started, deployed to, or connected to; compute, storage, or bandwidth has been consumed beyond the minimal baseline generated by initial provisioning; a backup, snapshot, or migration has been performed; or support, configuration, or abuse-review work has been performed at your request or on your account. "Usage" does not include creating an account without provisioning any service, or a provisioning attempt that fails and is never made accessible to you. We may also deny a goodwill refund where the request appears fraudulent or abusive.

Free trials. If your first charge follows a free trial, the goodwill period in this Section starts when that first charge is made, and the time you used the service during the trial counts as usage. In practice, a server that was provisioned and made accessible to you during the trial means the goodwill refund in this Section is not available for the first charge. This does not limit any statutory right described in Section 4.6 or required by law.

Where we approve a goodwill refund, we decide between issuing it to your original payment method and issuing it as account credit at our discretion, based on the amount of usage. Where there has been no usage, we refund to your original payment method. Where there has been any usage, we will generally issue account credit rather than a refund to your original payment method, and the greater the usage the more likely we are to do so. Any account credit we issue does not expire, may be applied to any Pyro service, and may be redeemed to your original payment method on request where applicable law requires. We will initiate a goodwill refund to your original payment method promptly, and in any event within ten (10) business days of approval, and will apply any account credit within the same period.

Nothing in this Section 4.1 limits, replaces, conditions, or shortens any statutory refund, withdrawal, or chargeback right, and this goodwill policy is offered in addition to those rights. Where applicable law requires a refund to your original payment method, including the EU/EEA and UK right of withdrawal described in Section 4.6, we will refund to that method within the period that law requires and will not substitute account credit unless you expressly agree, and the forty-eight (48) hour window and the usage-based conditions in this Section do not apply to that refund. Section 4.6 prevails over this Section 4.1.

Available billing cycles vary by service, region, and plan and are shown at checkout before you pay. We may offer monthly, quarterly, annual, pay-as-you-go, or other billing cycles where expressly shown for a specific service. A billing cycle is not available unless it is displayed for the service you select before purchase.

Pricing and available discounts are published on our website or shown during checkout and may vary by service type and billing cycle. Any mandatory fees that form part of a service's price are disclosed clearly and conspicuously, and the total price (other than government taxes and duties, which are itemized under Section 4.5) is shown before you complete a purchase.

4.2.1 Automatic Renewal and Cancellation

Subscriptions renew automatically for successive periods equal to your then-current billing cycle until you cancel, and we will charge your payment method the then-current renewal price at the start of each renewal period. At the point of sale we disclose the recurring nature of the charge, the renewal price, the length of the term, and how to cancel. After purchase, we send or make available a durable confirmation containing the renewal terms, charge amount and frequency, billing term, cancellation policy, cancellation method, and business contact information. Where required by law, we retain verification of affirmative consent to automatic renewal terms. For billing cycles of one year or longer, we send a renewal reminder by email no less than fifteen (15) days and no more than forty-five (45) days before the renewal charge, or within any other timing window required by applicable law. The reminder will state our business name and contact information, the renewal date, the renewal price, the billing term, and a direct link or method to cancel. If we offer an introductory or discounted price that automatically converts to a higher-priced subscription, or a free trial longer than seven (7) days that converts to a paid subscription, we will send a reminder by email before the conversion, and no less than three (3) and no more than twenty-one (21) days before the period ends (or within any other window required by applicable law). The reminder will state that the full-price charge is about to begin, the amount and date of that charge, and how to cancel before it is charged. Free trials of seven (7) days or less are governed by Section 4.2.2. After each successful renewal charge, we send a receipt to your registered email identifying it as a recurring subscription renewal, the amount charged, and how to cancel.

You may cancel at any time through the cancellation controls made available in your account dashboard or billing portal, or by contacting support@pyro.host. If you enrolled online, you may cancel online through a cancellation control in the account dashboard or billing portal, or through another online method we make available. We will not require you to call, send postal mail, accept retention offers, or use a materially more burdensome method than the method used to enroll, unless applicable law permits it. Cancellation is at least as easy as enrollment, stops future renewals, and takes effect at the end of the current paid term. We will send confirmation of your cancellation. These provisions are intended to comply with the federal Restore Online Shoppers' Confidence Act (ROSCA) and the California Automatic Renewal Law.

4.2.2 Free Trials

This Section applies to a free trial of seven (7) days or less that converts automatically to a paid subscription unless you cancel.

Before you start the trial, we show you the length of the trial, the price that will be charged when it ends, the date and time of that first charge, that a payment card is required, and how to cancel. We do not charge your card when the trial starts. We save it, and we charge it for the first billing period when the trial ends. The subscription then renews under Section 4.2.1 until you cancel.

The enrollment confirmation we email when the trial starts repeats those terms: the amount and date of the first charge, the renewal price and frequency, how to cancel, and how to contact us. Because the trial is short, we send one further reminder by email at least twenty-four (24) hours before the first charge, with the same information.

You can cancel the trial at any time before the first charge, online from your account dashboard, with no call, letter, or retention step. If you cancel during the trial, the service ends at once, nothing is charged, and the server and its files are deleted. Cancelling a trial does not use the end-of-term rule in Section 4.2.1 or Section 7.1.

If the first charge fails, we suspend the server at once and email you. If the charge is still unpaid three (3) days after suspension, we delete the server and its files. Trial servers are not archived, so deleted files cannot be restored. If you pay the open invoice before then, the server is switched back on and the subscription continues. Sections 4.4 and 5.4 do not extend these periods for a trial that has not been paid.

We limit each person to one free trial, and we may refuse or end a trial that appears to circumvent that limit, in line with the Acceptable Use Policy. Trial servers may have lower resource limits than the paid plan, and the Service Level Agreement does not apply until the first charge succeeds.

If you are a consumer in the EU/EEA or the United Kingdom, Section 4.6 applies to the paid subscription that begins when the trial ends.

We reserve the right to modify our pricing at any time. For existing customers, we will provide clear and conspicuous notice by email before any price increase takes effect, stating your current price, the new price, and the effective date. Except where a specific statutory window applies, we provide at least thirty (30) days' advance notice. Where applicable law sets a specific window for automatic-renewal fee-change notices (for example, California, which requires notice no less than seven (7) and no more than thirty (30) days before the change), that window controls and we will send the notice within it. You may cancel before the increase takes effect through your account dashboard or by contacting support, and the increase will not apply if you do. A price increase takes effect on your next renewal on or after the notice period; it never applies retroactively to a term you have already prepaid. Price decreases may be implemented immediately without notice.

If payment fails, we will send at least one payment-failure notice to your registered email and allow a reasonable cure period (generally at least seven (7) days) before suspending services. This cure period does not apply to the first charge after a free trial, which is governed by Section 4.2.2.

During suspension, your services will be inaccessible, but your data will be preserved to allow for payment resolution. If the account is subsequently terminated for non-payment, your Customer Content is handled in accordance with the retention and deletion provisions of Section 5.4 rather than deleted immediately, and you retain the data export and deletion rights described in our Privacy Policy.

Unless a price is expressly shown as tax-inclusive or applicable law requires tax-inclusive consumer pricing, our published prices are exclusive of taxes. Advertised prices include all mandatory non-government fees unless a fee is clearly identified as optional or applicable law permits separate disclosure. Before you complete a purchase, we show the total price payable for the selected service and billing cycle, including any VAT, GST, sales/use tax, duties, and mandatory fees that we are required to collect or that form part of the price. We add any applicable value-added tax (VAT), goods and services tax (GST), or sales/use tax at checkout based on your location, except for taxes based on our net income. You are responsible for all such taxes, duties, and assessments. Non-USD currency displays are estimates unless checkout confirms that currency as the charged currency. For consumers, the exact amount and the currency in which you will be charged are confirmed at checkout before you complete the purchase. You warrant that the location and tax-status information you provide is accurate and agree to reimburse us for any under-collection resulting from inaccurate information. Business customers in the EU/EEA or UK may be eligible for VAT reverse-charge treatment by providing a valid VAT identification number; absent a valid number, VAT will be charged. In the United States, we collect sales/use tax where we have a tax-collection obligation. A VAT-compliant invoice is available on request.

If you are a consumer in the EU/EEA or the United Kingdom, you have a statutory right to withdraw from your purchase within fourteen (14) days of entering into the contract, without giving a reason. Because our services are supplied immediately, at checkout we ask you to separately request that we begin providing the service during the withdrawal period and acknowledge the applicable withdrawal consequences. For hosting and infrastructure services, if you expressly request that we begin performance during the withdrawal period and then withdraw, you must pay only a proportionate amount for the service provided up to the time you tell us you are withdrawing. Following a valid withdrawal, we will reimburse any amount due to you without undue delay and in any event within fourteen (14) days of being informed of your decision to withdraw, using the same means of payment you used unless we agree otherwise. You do not lose the withdrawal right for a service merely because performance has begun. If we separately supply digital content that is not supplied on a tangible medium, any loss of the withdrawal right applies only where applicable law allows it and you have given the required express consent and acknowledgment before supply begins. You may withdraw using the model withdrawal form we make available at checkout and on request, or by any other clear statement of your decision to withdraw sent to support@pyro.host or legal@pyro.host. We provide the model withdrawal form and these withdrawal instructions before you complete your purchase. Where applicable law requires an online withdrawal function, we will make it available before relying on these Terms for affected consumer purchases. This statutory right is separate from, and prevails over, the goodwill refund described in Section 4.1.

You retain all rights to data and content you upload to our services ("Customer Content"). You grant us a limited, non-exclusive, royalty-free license to host, store, transfer, display, perform, reproduce, and distribute Customer Content solely as necessary to provide our services and for no other purpose without your express written permission.

Information included in resource identifiers, metadata, access controls, system logs, metrics, configurations, and similar items related to service management ("Usage Data") does not constitute Customer Content. Usage Data may include controller-side data (such as account, billing, support, security, and platform telemetry that Pyro uses under the Privacy Policy) and processor-side data (such as logs, identifiers, and metadata generated by Customer Content or end-user activity within customer-controlled services). Pyro's handling of processor-side Usage Data is governed by the data-processing terms in Section 5A. Pyro may use data derived from processor-side Usage Data for service improvement only after it has been aggregated or irreversibly anonymized so that it is no longer personal data.

While we may perform backups of our infrastructure where included with your plan as described in SLA Section 8, you are solely responsible for maintaining independent backups of your Customer Content. We recommend using our automated backup features and maintaining off-site copies of critical data. We do not guarantee the completeness, integrity, or availability of any backup.

Upon service termination, deletion of Customer Content will be completed within six (6) months unless you request earlier deletion. We may retain certain data longer for fraud prevention, legal compliance, or as required by law, as detailed in our Privacy Policy. Data retention details, including the specific retention periods for each category of data, are specified in our Privacy Policy.

We provide services on an "as available" basis. The Service Level Agreement (SLA) contains the specific uptime commitment and remedies for covered services.

We may perform scheduled maintenance that temporarily affects service availability. For maintenance that is excluded from Downtime under the SLA, we provide the notice required by the SLA. Other planned maintenance will receive reasonable advance notice where practicable, except for emergency maintenance which may be performed without advance notice when necessary to maintain security, prevent data loss, or address critical system issues.

We may modify services over time, but we will not materially reduce the core functionality of a paid service during your current prepaid term without notice and a reasonable alternative, account credit, or pro-rata refund for the affected unused portion, except where the change is necessary for security, legal compliance, emergency maintenance, or to prevent harm. Except for emergencies or where required to respond to legal claims or comply with law, we will provide at least thirty (30) days' advance notice before discontinuing a service. If we discontinue a service for reasons other than your breach of these Terms, you may elect to receive a pro-rata refund of prepaid fees for the unused portion of your term or an equivalent account credit; where discontinuation is made on an emergency basis, we will issue the refund or credit within thirty (30) days. This Section 6.3 overrides the general non-refundability rule in Section 4.1.

We may offer features identified as beta, preview, early-access, or experimental ("Beta Features"). Beta Features are provided "as is" and "as available," are excluded from the SLA (no uptime credits apply), and may be changed or withdrawn at any time. Beta Features may carry reduced or no data-durability guarantees and should not be used for production workloads without independent backups. Feedback you provide about Beta Features is governed by Section 9.3.

You may terminate your account at any time through your account dashboard. Termination will be effective at the end of your current billing period for pre-paid services, or immediately for pay-as-you-go services. Cancelling a free trial is governed by Section 4.2.2 and takes effect immediately.

We may suspend or terminate your services immediately without prior notice for severe or critical violations, including:

• Activities that pose security risks to our infrastructure or other customers
• Content or activities involving illegal material, particularly child sexual abuse material (CSAM)
• Other severe violations as classified in the AUP, or where immediate action is necessary to comply with law or prevent imminent harm

For non-payment, we follow the process in Section 4.4. For violations of the AUP that are not severe or critical, we follow the graduated enforcement process set out in Section 5 of the AUP (notice, opportunity to cure, and proportionate remedies) before terminating; in case of any conflict regarding the enforcement process for an AUP violation, the AUP governs. We may also terminate for convenience on thirty (30) days' advance notice, in which case the refund provisions of Section 6.3 apply. Nothing in this Section limits our right to take immediate protective action where reasonably necessary.

Upon termination:

• Your right to use our services immediately ceases
• You remain liable for all charges incurred before termination
• Data deletion procedures outlined in Section 5.4 will commence
• Provisions that by their nature should survive will survive, as set out in Section 15.9 (Survival)

The Pyro platform, including all software, designs, text, graphics, trademarks, and other content, is owned by Pyro Inc. and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

We do not claim ownership rights in your Customer Content. However, you represent and warrant that you have all necessary rights to use and upload Customer Content to our services.

If you provide input and suggestions regarding problems with or proposed modifications to our services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose. This license does not waive any confidentiality obligations we owe you, and it does not authorize us to publicly disclose security vulnerabilities you report or any personal data or third-party confidential information the Feedback may incidentally contain. You agree not to include in Feedback any information you are not authorized to disclose. Nothing in this license transfers ownership of, or restricts your own use of, any intellectual property you held before providing the Feedback, and this license is limited to the Feedback as you actually provide it.

We comply with the Digital Millennium Copyright Act (DMCA). If you believe content hosted on our services infringes your copyright, send a DMCA takedown notice including all required elements under 17 U.S.C. Sec. 512(c)(3) to our Designated Copyright Agent:

DMCA Agent
Pyro Inc.
1604 Philadelphia Pike, Suite 63
Wilmington, DE 19809
United States
Email: dmca@pyro.host

Upon receipt of a compliant takedown notice, we will remove or disable access to the identified material and promptly notify the affected customer, providing a copy of the notice.

If you are the affected customer and believe the material was removed by mistake or misidentification, you may submit a counter-notification to dmca@pyro.host containing all elements required by 17 U.S.C. Sec. 512(g)(3):

• Your physical or electronic signature
• Identification of the removed material and its prior location
• A statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification
• Your name, address, and telephone number
• Consent to the jurisdiction of the federal district court for your address

We will forward the counter-notification to the original complainant and restore the material between ten (10) and fourteen (14) business days after receipt, unless the complainant first notifies us that it has filed a court action seeking to restrain the allegedly infringing activity. We maintain and reasonably implement a policy of terminating, in appropriate circumstances, the accounts of repeat infringers.

The Pyro name, logo, and other Pyro marks are our property and may not be used without our prior written permission, except for accurate, factual reference to our services (for example, "hosted on Pyro"); no such reference implies our endorsement. All third-party names, game titles, and product marks, including Minecraft, which is a trademark of Mojang Studios and Microsoft, are the property of their respective owners. Pyro is an independent provider and is not affiliated with, sponsored by, or endorsed by any such owner.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our services will be secure, available, uninterrupted, or error-free at any particular time or location, or that any defects will be corrected, or that the services are free of viruses or other harmful components.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PYRO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR REVENUE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU FOR SERVICES IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE MONTH IN WHICH THE EVENT GIVING RISE TO THE CLAIM AROSE (OR THE TOTAL AMOUNT PAID BY YOU IF YOU HAVE BEEN A CUSTOMER FOR LESS THAN TWELVE MONTHS) OR (B) ONE HUNDRED DOLLARS ($100).

The limitations in this Section 10 do not apply to:

• Service-credit remedies for uptime failures, which are governed by Section 14.1 of the Service Level Agreement. For claims that Section 14.1 excludes from the service-credit-only remedy, the limitations and exceptions in this Section 10 apply
• Claims for fraud, gross negligence, or willful misconduct
• Liability for death or personal injury caused by our negligence
• Liability that cannot be excluded by applicable law

Our indemnification obligations under Section 11.2 are not subject to the exclusion of indirect, incidental, special, consequential, or punitive damages in Section 10.3, but remain subject to the liability cap in Section 10.4 unless applicable law requires otherwise.

TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 10.5 AND SLA SECTION 14.1, WE ARE NOT LIABLE FOR DATA LOSS, CORRUPTION, OR UNAVAILABILITY TO THE EXTENT CAUSED BY YOUR FAILURE TO MAINTAIN INDEPENDENT BACKUPS, YOUR CONFIGURATIONS, YOUR APPLICATIONS, OR EVENTS OUTSIDE OUR REASONABLE CONTROL.

This Section does not limit liability that cannot be limited by law, including liability for our gross negligence, willful misconduct, failure to maintain reasonable security, or violations of data-protection law.

YOU ACKNOWLEDGE THAT WE PROVIDE UNMANAGED INFRASTRUCTURE SERVICES ONLY. WHILE WE MAY ACCESS CUSTOMER DATA FOR LEGITIMATE SUPPORT, SECURITY, OR ADMINISTRATIVE PURPOSES, WE DO NOT PROVIDE MANAGED SERVICES, DATA MANAGEMENT, OR ONGOING CONTENT MONITORING. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT, APPLICATIONS, CONFIGURATIONS, SECURITY MEASURES, AND COMPLIANCE OBLIGATIONS RELATED TO YOUR USE OF OUR INFRASTRUCTURE.

This unmanaged-service disclaimer applies to the content, applications, and configurations you deploy; it does not limit the account-level obligations we undertake directly, including eligibility review, parental-consent handling where applicable (Section 3.1), and our handling of registration and account data within our control as described in our Privacy Policy. It also does not limit our own non-waivable obligations under applicable intermediary-service, privacy, security, child-safety reporting, or consumer-protection laws.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM LIABILITY FOR CUSTOMER-DEPLOYED AI SYSTEMS, AUTOMATED TOOLS, USER-GENERATED CONTENT, OR THIRD-PARTY APPLICATIONS HOSTED ON OUR INFRASTRUCTURE. OUR ROLE IS LIMITED TO PROVIDING COMPUTING RESOURCES AND NETWORK CONNECTIVITY. THIS SECTION DOES NOT DISCLAIM LIABILITY THAT CANNOT BE DISCLAIMED BY LAW OR LIABILITY ARISING FROM OUR OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FAILURE TO MAINTAIN REASONABLE SECURITY WHERE REQUIRED BY LAW, OR VIOLATION OF NON-WAIVABLE PRIVACY, DATA-PROTECTION, OR INTERMEDIARY-SERVICE OBLIGATIONS.

We provide hosting for content that you and your end users control. We do not author or select Customer Content, and we do not generally or systematically monitor customer content. We may conduct limited automated flagging, reactive review, and voluntary good-faith investigations as described in the AUP. We provide unmanaged hosting infrastructure and intend to operate consistently with applicable intermediary protections, including, where applicable, as an "interactive computer service" under 47 U.S.C. Sec. 230 and as a hosting-service provider under Article 6 of the EU Digital Services Act. We remove or disable content on receipt of a valid legal order or a sufficiently substantiated notice as described in the Acceptable Use Policy, including AUP Sections 4.2, 8.1.1, and 13.2; DMCA notices are handled under Section 9.4. Depending on how you use the services, you may wish to maintain appropriate business or cyber insurance.

You agree to defend, indemnify, and hold harmless Pyro, its officers, directors, employees, and agents from any third-party claims, and resulting damages, losses, costs, and expenses (including reasonable attorneys' fees), to the extent arising from:

• Your use of our services in violation of these Terms or applicable law
• Your Customer Content or its infringement of third-party rights
• Your breach of any representation or warranty in these Terms
• Your negligence, willful misconduct, or illegal activity
• Any AI systems, automated tools, or algorithmic content you deploy through our infrastructure
• Your violation of data protection laws, privacy rights, or consent requirements with respect to data you control
• Accessibility or ADA claims arising from the design, configuration, or content you control on websites or applications you host on our infrastructure
• Any regulatory violations or compliance failures related to your hosted content or services

This indemnity does not apply to, and you have no obligation to indemnify us for, claims to the extent arising from our own negligence, gross negligence, willful misconduct, breach of these Terms, or violation of law (including our obligations as a data processor). Where a loss is attributable in part to our fault, your indemnity obligation is reduced in proportion to our share of responsibility. Nothing in this Section reallocates to you statutory liability that the law assigns to us as controller or processor toward data subjects or supervisory authorities. We will promptly notify you of any claim, allow you to control the defense (with our reasonable cooperation), and not settle any claim in a way that imposes obligations on you without your consent.

For customers who are consumers, this obligation is limited to reimbursing Pyro for third-party claims (and reasonable, documented costs and attorneys' fees) to the extent caused by your breach of these Terms or the AUP, your unlawful conduct, your Customer Content, or your negligent or willful acts or omissions; a consumer is not required to conduct Pyro's defense, which Pyro controls. Nothing in this Section requires a consumer to indemnify us for claims caused by our own acts or omissions or for liability that applicable law does not allow to be shifted.

We will defend you against, and indemnify you for amounts finally awarded in, third-party claims that the Pyro-branded software we provide (for example, our control panel), when used as authorized under these Terms, directly infringes a valid U.S. patent, copyright, or trademark. This does not cover claims arising from your content, your configurations, third-party or open-source software, or your combination of our services with other products. Our obligations are subject to your prompt notice of the claim and reasonable cooperation, and remain subject to the liability cap in Section 10.4.

You must comply with all applicable export control and economic sanctions laws and regulations, including those of the United States (such as the U.S. Export Administration Regulations), the European Union, the Netherlands, and the United Kingdom. You represent and warrant that you are not located in or ordinarily resident in a sanctioned region where providing the services would be prohibited, and that you are not a person who is the target of, or owned or controlled by a person on, any applicable asset-freeze, sectoral, or prohibited-parties list maintained by the U.S., EU, or UK governments. We may suspend or terminate services as necessary to comply with these laws.

You may not use the services for embargoed, sanctioned, or prohibited end uses, including military, intelligence, nuclear, missile, chemical or biological weapons, surveillance, or other restricted end uses where prohibited by applicable export-control or sanctions laws. You may not upload, store, process, or transmit ITAR-controlled technical data, EAR-controlled technology requiring a license, or similar controlled technical data unless you have all required authorizations and Pyro has approved the use in writing.

If your hosted service is directed to children, is likely to be accessed by children, or processes personal data of children or teens, you are responsible for complying with all applicable children's privacy, age-assurance, parental-consent, online-safety, moderation, and reporting obligations. These may include COPPA, GDPR Article 8, UK GDPR and Children's Code requirements, the UK Online Safety Act, U.S. state minor-privacy rules, and similar laws. You are responsible for providing any required notices to your end users and parents or guardians, obtaining required consents, and configuring your hosted service with appropriate safety and privacy controls.

You must use our services in compliance with all applicable laws, rules, and regulations. Your right to access our services is revoked to the extent your use conflicts with applicable law.

If you deploy AI systems, machine learning models, or automated content generation tools on our infrastructure:

• You are solely responsible for compliance with applicable AI regulations, including the EU AI Act where it applies to your use
• You must implement legally required AI content labeling, transparency measures, and risk assessments where applicable
• You warrant that any AI training data used complies with copyright and data protection laws or is used under another lawful basis, authorization, exception, or limitation
• We reserve the right to immediately suspend services for AI systems that violate applicable law or pose unacceptable risks
• You acknowledge that we provide only infrastructure and bear no responsibility for AI system compliance or outputs

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Nothing in this Section limits any mandatory consumer-protection or data-protection rights that cannot be waived under the law of your country, state, or place of residence; to that limited extent, the law of your jurisdiction applies. This choice of law does not affect the application of mandatory federal law. Any dispute that is not subject to arbitration, including disputes brought by a customer who has opted out under Section 13.7, shall be brought in the state or federal courts located in Delaware, except that a consumer may bring suit in the courts of their place of residence, and any mandatory venue or forum rights of a consumer are preserved.

Before initiating arbitration or other formal proceedings, the parties agree to attempt informal resolution. The initiating party must send written notice to legal@pyro.host (or, if we initiate, to your account email) describing the dispute and the relief sought. The receiving party will respond within ten (10) business days. If requested, the parties will hold a telephone or video conference within twenty (20) days of the notice, each represented by a person with authority to settle. Either party may commence arbitration thirty (30) days after the notice is sent (or sooner if the other party does not respond). The applicable statute of limitations and any contractual filing deadline are tolled while this informal process is pending.

This arbitration agreement is entered into in connection with a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. sections 1 et seq. (the "FAA"), which governs the interpretation and enforcement of this Section 13, including the delegation provision below. If and to the extent the FAA is held not to apply, the arbitration law of the State of Delaware governs the enforceability of this arbitration agreement.

In these Terms, a "consumer" is an individual who uses the services primarily for personal, family, or household purposes; a person who uses the services for business, commercial, or organizational purposes, or who acts on behalf of an entity under Section 3.2 or Section 3.4, is not a consumer. Where a Section adds a jurisdictional qualifier to consumer rights (for example, the EU/EEA and UK withdrawal right in Section 4.6), that qualifier applies in addition to this definition.

Any disputes arising from these Terms or your use of our services that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA). For disputes involving a consumer, the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol apply; for all other disputes, the AAA Commercial Arbitration Rules apply. For consumers, the arbitration will be held in the county or other locality of the consumer's residence, by telephone or video, or on documents, at the consumer's election; for non-consumers, arbitration shall be conducted in Delaware. Judgment upon the award may be entered in any court having jurisdiction.

The arbitrator has the exclusive authority to resolve any dispute about the interpretation, scope, applicability, validity, enforceability, or formation of this arbitration agreement, except that (a) the enforceability of the class-action waiver in Section 13.4 is reserved for a court, and (b) the carve-outs in Section 13.5 may be brought in court.

13.3.1 Arbitration Costs (Consumers)

For disputes involving a consumer, Pyro will pay all AAA filing, administrative, and arbitrator fees, except that you are responsible for an amount equal to the filing fee you would have paid to file the claim in court. Each party bears its own attorneys' fees, except that the arbitrator may award attorneys' fees and costs where authorized by law or where the arbitrator's award to you exceeds Pyro's last written settlement offer. If the arbitrator finds that the cost of arbitration would be prohibitive for you compared with litigation, Pyro will pay as much of your arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Pyro will not seek to recover its own attorneys' fees or costs from a consumer except where applicable law expressly permits such an award for a frivolous or bad-faith claim.

13.3.2 Coordinated or Mass Arbitration

If 25 or more substantially similar arbitration demands are submitted by or with the coordination of the same or coordinated counsel within a 90-day period, the AAA Mass Arbitration Supplementary Rules and the AAA Mass Arbitration Fee Schedule apply. A process arbitrator may be appointed to decide threshold and administrative matters and to establish batching and bellwether protocols, and the merits of individual cases may be stayed pending the outcome of bellwether proceedings and a single global mediation. This Section coordinates individual arbitrations only and does not authorize class-wide or consolidated arbitration, consistent with Section 13.4.

Any batching, bellwether, stay, or mediation protocol must be administered by AAA or a neutral process arbitrator, must preserve each claimant's right to an individual merits determination, and must not prevent a claimant from seeking emergency relief where available. Any applicable limitations period and contractual deadline are tolled for claims subject to a batching or bellwether process from the date the demand is filed until the stay is lifted for that claimant.

No batching, bellwether, stay, or mediation protocol may impose an indefinite stay or materially prevent a claimant from obtaining an individual merits determination. A process arbitrator may lift or modify a stay for undue prejudice, emergency relief, or other good cause.

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration against Pyro.

If this class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request for relief must proceed in court and not in arbitration. The court determines the sequencing of any arbitrable and non-arbitrable claims. Under no circumstances may an arbitrator preside over a class, collective, representative, or consolidated proceeding unless both parties expressly agree in writing after the dispute arises.

Either party may bring an individual action in small claims court if the claim qualifies and remains in that court. Either party may seek temporary or preliminary injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened harm pending arbitration, including (without limitation as to which party) for infringement or misuse of intellectual property, threats to system or data security or integrity, breach of confidentiality, or violation of the Acceptable Use Policy. Seeking such relief does not waive arbitration for the underlying merits unless the claim is not subject to arbitration under this Section.

Nothing in this Section waives or limits a consumer's right to seek public injunctive relief or other relief where that right cannot be waived under applicable law. If applicable law requires that such a request be heard in court, that request may proceed in a court of competent jurisdiction.

Nothing in these Terms prevents you from reporting concerns to, filing a complaint with, or participating in an investigation or proceeding conducted by any government agency, regulator, or law-enforcement authority.

No action arising out of or relating to these Terms may be brought by either party more than two (2) years after the cause of action accrued. This limitation does not apply where applicable law prohibits shortening the limitations period or provides a longer or non-waivable period; in that case, the longest period that applicable law allows the parties to agree to governs, and where applicable law permits no shortening at all, the full statutory limitations period applies. For a consumer, this shortened period applies only to the extent the law of the consumer's jurisdiction permits the parties to agree to it. Nothing in this Section waives any non-waivable statutory right or limitations period.

You may opt out of the arbitration agreement in Section 13.3 and the class-action waiver in Section 13.4 by sending written notice to legal@pyro.host, or by submitting a ticket at portal.pyro.host, within thirty (30) days of first accepting these Terms (or, for existing customers, within thirty (30) days of these Terms taking effect), stating your name, account email, and that you opt out of arbitration. Where a parent or legal guardian accepted these Terms on behalf of a minor under Section 3.1, the guardian is the accepting party, and the guardian may exercise this opt-out within thirty (30) days of the guardian's acceptance. Opting out will not affect any other provision of these Terms or your use of the services, and we will not retaliate against you for doing so. If you opt out, disputes will be resolved in court as provided in Section 13.1. We will confirm receipt of a timely opt-out notice.

To the extent any dispute proceeds in court rather than arbitration (including disputes brought by a customer who has opted out under Section 13.7, claims within the carve-outs in Section 13.5, and disputes where the arbitration agreement is held not to apply), each party knowingly and voluntarily waives, to the fullest extent permitted by applicable law, any right to a trial by jury. This waiver does not apply where a pre-dispute jury-trial waiver is prohibited or unenforceable under the law of a consumer's jurisdiction, and no consumer is deemed to waive any jury-trial right that cannot be waived by pre-dispute agreement under applicable law.

We may modify these Terms by posting updated terms on our website. Material changes, including changes to the arbitration provisions in Section 13, to fees, or to other substantive rights, will be communicated via email to your registered address at least thirty (30) days before taking effect, and we may require affirmative re-acceptance where required by law or where the change materially affects your rights or obligations. You may terminate before a material change takes effect (and continue under the prior terms until then) if you do not accept it. For minor clarifications that do not affect your rights, we may implement changes immediately, and your continued use of the services constitutes acceptance of those minor changes. Any change to the arbitration provisions in Section 13 applies only to disputes arising after the change takes effect and does not revoke an opt-out you already exercised under Section 13.7.

These Terms, together with our Privacy Policy, Service Level Agreement, and Acceptable Use Policy, constitute the entire agreement between you and Pyro regarding our services and supersede all prior agreements and understandings.

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect. Section headings are for convenience only and do not affect interpretation.

You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent, and any attempted assignment in violation of this Section is void. We may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, in each case without your consent. These Terms bind and benefit the parties and their permitted successors and assigns.

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.

Except for the Pyro indemnitees identified in Section 11.1 (Pyro's officers, directors, employees, and agents), who are intended third-party beneficiaries of that Section, these Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

By affirmatively accepting these Terms and choosing to receive records electronically, you consent to receive electronic communications and records related to your account and the services, including contracts, policies, invoices, renewal notices, payment notices, service notices, support communications, and legal notices, except where applicable law requires another method. Where consumer electronic-records consent is required, we will obtain consent through a process reasonably designed to show that you can access the records in the format provided. You agree that notices, agreements, and other communications we send electronically satisfy any legal communication requirements. You consent to transact with us electronically, and you agree that your electronic acceptance of these Terms constitutes a signature under the U.S. Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001) and comparable laws. To access and retain electronic records, you need a device with internet access, a current web browser, and an email account. You may request a free paper copy of any record by writing to legal@pyro.host, and you may withdraw your consent to electronic transactions by the same means without a withdrawal fee (which may require us to close your account). If hardware or software requirements materially change, we will provide updated requirements and obtain renewed consent where required. You must keep your contact information current (see Section 3.3).

These Terms, the Privacy Policy, the Service Level Agreement, and the Acceptable Use Policy are intended to be read together. Where one document expressly defers to another, the referenced document controls. Otherwise, in the event of a direct conflict, the following order of precedence applies: (1) Section 5A and any applicable data-processing, transfer, or state-privacy addendum, for Customer Personal Data processed on Customer's behalf; (2) the Privacy Policy, for Pyro's controller-side personal-data processing; (3) the Service Level Agreement, for uptime commitments and service credits; (4) the Acceptable Use Policy, for permitted use and enforcement; and (5) these Terms, for all other matters. Any mandatory law that grants you greater rights prevails over all of the foregoing.

Any provision that by its nature should survive termination or expiration will survive, including, without limitation, accrued payment obligations (Section 4), data handling and deletion (Section 5), intellectual property and the Feedback License (Section 9), disclaimers and the limitation of liability and liability cap (Section 10), indemnification (Section 11), dispute resolution including the limitation period and arbitration provisions (Section 13), and these general provisions (Section 15).

Notices to Pyro must be sent to legal@pyro.host. Legal process must be served on Pyro's registered agent or as otherwise required by law; email does not constitute service of process unless Pyro expressly agrees in writing. Law-enforcement and regulator requests may be sent to legal@pyro.host for triage, but must comply with applicable service rules. Notices to you will be sent to the email address registered to your account and are deemed given when sent, unless we receive an automated delivery-failure notice. You are responsible for keeping your contact information current under Section 3.3. Notices required by statute or to or from a regulator follow the service rules set by the applicable law.

No failure or delay by either party in exercising any right, power, or remedy under these Terms operates as a waiver of it or of any other right, power, or remedy, and no single or partial exercise of any right, power, or remedy precludes any further exercise of it or of any other. A waiver is effective only if in writing and signed (including electronically) by the waiving party, and applies only to the specific instance and purpose for which it is given. Our acceptance of a late or partial payment, or our failure to enforce any provision of these Terms or the AUP on any occasion, does not waive our right to enforce that or any other provision on any later occasion. Except where these Terms or the SLA expressly state that a remedy is sole or exclusive, all rights and remedies are cumulative and in addition to any others available at law or in equity.