Terms of Service

1. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement to create an account or purchase Services.

If you use the Services on behalf of a company, organization, game community, or other entity, you represent that you have authority to bind that entity to these Terms. In that case, “you” and “your” include both you and the entity.

Individuals under 18 may use a game server, website, application, or other service operated by one of our customers, but may not directly create a gummies.cloud account, purchase Services, or enter into an agreement with Floatpoint.

2. Accounts

You must provide accurate, current, and complete account and billing information.

You are responsible for:

• Maintaining the security of your account.
• Protecting your passwords, authentication methods, API credentials, SSH keys, and recovery information.
• Enabling appropriate security features.
• All activity occurring through your account or credentials.
• Keeping your contact and billing information current.
• Promptly notifying us of suspected unauthorized access.

You may not share an individual account in a manner that bypasses account controls. Where available, you should create separate authorized users or organization members.

We may require additional information to verify your identity, authority, payment method, or intended use of the Services.

We may refuse, suspend, or terminate accounts containing false information, impersonating another person, created to evade an earlier suspension, or presenting an unacceptable security, fraud, legal, or payment risk.

3. Services

gummies.cloud provides managed game-server hosting, KVM virtual private servers, related infrastructure, and supporting services.

Specific features, limits, support levels, prices, resource allocations, and billing periods are described on the applicable product page, order page, customer panel, or written service order.

Unless a separate written agreement states otherwise:

• Services are provided on a commercially reasonable, best-effort basis.
• No guaranteed uptime or service level applies.
• Resources are subject to the limits of the purchased plan.
• Features, software, hardware, and network arrangements may change.
• Services are designed primarily for game hosting and related workloads.
• Floatpoint may refuse workloads that are incompatible with the intended service, infrastructure, or risk profile.

A service-level agreement or service-credit commitment applies only if Floatpoint expressly provides it in writing for the applicable plan.

4. Managed and Unmanaged Services

A managed service includes only the support and administrative work expressly described for that plan.

An unmanaged service generally means that you are responsible for installing, configuring, updating, securing, operating, and troubleshooting the software inside your virtual machine.

“Unmanaged” describes the included support level. It does not mean that Floatpoint is technically unable to access the virtual machine or its contents.

Floatpoint personnel retain infrastructure-level access to managed and unmanaged systems as described in these Terms and our Privacy Policy.

We are not responsible for performing work excluded from your support plan. We may offer additional assistance at our discretion, subject to separate charges or conditions.

5. Administrative Access and Inspection

You acknowledge that Floatpoint personnel have the technical ability to access all aspects of systems hosted on Floatpoint infrastructure.

This may include access to:

• Hypervisors and host systems.
• Virtual-machine consoles.
• Virtual disks and filesystems.
• System memory and running processes.
• Files, databases, logs, and configuration.
• Network and firewall settings.
• Game-server panels and files.
• Backups, snapshots, and recovery systems.

Our KVM services are not provider-inaccessible, zero-knowledge, confidential-computing, or privacy-focused virtual machines.

You must not use the Services where your requirements prohibit hosting-provider access. You should not store information requiring provider-blind confidentiality.

Floatpoint may access, inspect, copy, preserve, quarantine, modify, disable, or remove systems or content when reasonably necessary to:

• Provision, maintain, migrate, troubleshoot, or restore a service.
• Respond to your support request.
• Diagnose performance, reliability, or networking issues.
• Detect or investigate attacks, malware, compromise, fraud, or abuse.
• Prevent harm to our infrastructure or another person.
• Enforce these Terms or another applicable policy.
• Comply with law or valid legal process.

We are not obligated to routinely inspect Customer Content or monitor every use of the Services.

6. Customer Responsibilities

You are responsible for your use of the Services and for all Customer Content, applications, users, players, and activity associated with your account.

You are responsible for:

• Installing and maintaining supported software.
• Applying security updates and patches.
• Configuring accounts, permissions, firewalls, and network services.
• Securing administrative interfaces and remote access.
• Maintaining backups appropriate to your needs.
• Ensuring that you have rights to all Customer Content.
• Providing legally required notices to your users.
• Obtaining necessary permissions and parental consent.
• Responding to requests concerning information collected by your service.
• Complying with applicable laws, licenses, platform rules, and third-party agreements.
• Ensuring that your users comply with these Terms.

You are responsible for the conduct of anyone using your hosted service, even where you did not personally perform the activity, unless the activity resulted solely from a security failure within infrastructure exclusively controlled by Floatpoint.

7. Acceptable Use

You may not use the Services, or allow another person to use the Services, to engage in unlawful, harmful, abusive, deceptive, or infrastructure-disruptive conduct.

Prohibited conduct includes:

• Hosting, distributing, or facilitating malware, ransomware, botnets, credential theft, phishing, or malicious code.
• Launching or facilitating denial-of-service attacks.
• Unauthorized access, exploitation, scanning, or testing of systems or networks.
• Sending unsolicited bulk messages, spam, or fraudulent communications.
• Impersonating another person or misrepresenting the source of communications.
• Infringing copyrights, trademarks, privacy rights, publicity rights, or other legal rights.
• Hosting or distributing child sexual abuse material or facilitating the sexual exploitation of minors.
• Threatening, stalking, harassing, extorting, or unlawfully exposing another person’s private information.
• Operating unlawful gambling, fraud, scams, or deceptive financial schemes.
• Distributing content that is unlawful in the jurisdiction applicable to Floatpoint or the customer.
• Circumventing resource, bandwidth, security, billing, or account limitations.
• Interfering with Floatpoint infrastructure, other customers, upstream providers, or network operations.
• Using IP addresses in a manner likely to cause blacklisting or reputational harm.
• Attempting to evade a suspension, termination, or abuse restriction.
• Reselling the Services without our authorization.
• Using the Services for cryptocurrency mining or similarly intensive workloads where the applicable plan, product description, or communicated resource policy prohibits that use.

We may maintain a separate Acceptable Use Policy containing additional requirements. That policy is incorporated into these Terms when published or provided to you.

8. Regulated and Sensitive Data

Unless Floatpoint expressly agrees otherwise in a separate written agreement, the Services are not designed for workloads requiring specialized regulatory compliance.

You must not use the Services to store or process:

• Protected health information subject to HIPAA.
• Payment-card information requiring Floatpoint to act as a PCI DSS service provider for your environment.
• Criminal-justice information subject to CJIS requirements.
• Government-classified information.
• Information subject to a contractual or legal requirement that prohibits hosting-provider administrative access.
• Other specially regulated data requiring certifications or contractual safeguards that Floatpoint has not expressly agreed to provide.

This restriction does not prohibit ordinary account, billing, player, or application data that can lawfully be hosted using standard commercial infrastructure.

9. Customer Content

As between you and Floatpoint, you retain ownership of Customer Content.

You grant Floatpoint and its service providers a nonexclusive, worldwide, royalty-free license to host, store, copy, transmit, process, display, modify, migrate, back up, restore, and otherwise handle Customer Content only as reasonably necessary to:

• Provide and operate the Services.
• Perform actions requested by you.
• Maintain, secure, troubleshoot, or improve the Services.
• Enforce our agreements.
• Prevent or investigate abuse.
• Comply with applicable law.

You represent that you have all rights and permissions necessary to provide Customer Content and permit its processing under these Terms.

You remain responsible for Customer Content even if it was uploaded or generated by your users, players, administrators, plugins, applications, or automated systems.

10. Privacy and End Users

Our collection and use of account and service information is described in the gummies.cloud Privacy Policy.

You are responsible for the privacy practices of any game server, website, application, community, or other service that you operate.

Where required, you must publish an accurate privacy notice explaining:

• What information your service collects.
• Why it is collected.
• Who receives it.
• How long it is retained.
• How users may submit requests.
• Whether your service is intended for children or minors.

If your service is used by minors, you are responsible for complying with applicable children’s privacy and safety laws.

Floatpoint may refer end-user privacy requests to you when the relevant information is controlled by your hosted service.

11. Security

You are responsible for securing all customer-controlled portions of your environment.

You must take reasonable precautions including:

• Using strong, unique credentials.
• Protecting API keys, tokens, and SSH keys.
• Applying software and operating-system updates.
• Restricting administrative access.
• Removing unused accounts and services.
• Configuring appropriate firewall rules.
• Monitoring for unauthorized access.
• Maintaining appropriate backups.

You must promptly notify security@floatpoint.net if you discover a compromise, vulnerability, or incident that may affect Floatpoint infrastructure or other customers.

You may not conduct security testing against Floatpoint infrastructure without prior written authorization.

12. Resource Usage and Shared Infrastructure

You may use only the resources included with your plan or otherwise authorized by Floatpoint.

You must not use CPU, memory, storage, bandwidth, packet-processing capacity, or other resources in a manner that materially interferes with other customers or threatens infrastructure stability.

We may throttle, limit, isolate, migrate, suspend, or terminate a workload that:

• Exceeds its plan limits.
• Causes sustained or abnormal resource contention.
• Creates network instability.
• Is under attack and threatens shared infrastructure.
• Presents an urgent security or abuse risk.
• Causes upstream providers to impose restrictions.

Where reasonably practical, we will attempt to notify you and provide an opportunity to correct non-urgent issues.

13. IP Addresses, Domains, and Network Resources

IP addresses and other network resources assigned with the Services remain under the control of Floatpoint or its providers.

You receive a limited right to use assigned resources only while the applicable service remains active.

We may change or withdraw an IP address when reasonably necessary because of maintenance, migration, abuse, routing, provider requirements, scarcity, or security concerns.

We do not guarantee that an IP address will remain unchanged unless expressly agreed in writing.

You may not announce, transfer, sell, sublicense, or represent ownership of an assigned IP address.

14. Software, Games, Mods, and Licenses

You are responsible for obtaining and complying with licenses for all games, operating systems, control panels, plugins, mods, software, media, and other materials you use.

Floatpoint does not grant you rights to third-party software merely because it is available through an installer, image, template, or control panel.

Third-party software may be changed, discontinued, vulnerable, unsupported, or subject to separate terms.

We are not responsible for third-party software defects, license changes, incompatibility, abandonment, or security vulnerabilities.

15. Backups and Data Loss

Unless a purchased plan expressly includes backups, you are solely responsible for maintaining backups.

Even when a backup feature is included:

• Backups are not guaranteed to complete successfully.
• Backups may be delayed, incomplete, corrupted, or unavailable.
• Backup retention may be limited.
• Backups may be stored within the same broader infrastructure or risk environment.
• Restorations may overwrite current data.
• Terminating a service may also remove associated backups.

You must maintain independent copies of important Customer Content.

Floatpoint is not responsible for lost, deleted, corrupted, overwritten, or unrecoverable data except to the extent caused by conduct for which liability cannot legally be excluded.

16. Maintenance and Service Changes

We may perform scheduled or emergency maintenance.

Maintenance may result in temporary interruption, degraded performance, migration, reboot, IP-address changes, or feature unavailability.

When reasonably practical, we will provide advance notice of planned maintenance expected to cause significant disruption. Emergency work may occur without advance notice.

We may modify, replace, discontinue, or restrict a feature when reasonably necessary for security, reliability, provider requirements, legal compliance, or service development.

17. Support

Support is provided through the channels and at the level described for your plan.

Response times are estimates unless a written service-level agreement expressly states otherwise.

You must cooperate with reasonable troubleshooting requests. We may be unable to assist where you refuse access, withhold necessary information, use unsupported software, or make changes that prevent diagnosis.

Support does not include software development, data recovery, security auditing, system administration, or application debugging unless expressly included or separately agreed.

18. Fees and Recurring Billing

You agree to pay all fees displayed at checkout, stated in the customer panel, or agreed in a written service order.

Unless stated otherwise:

• Services are billed in advance.
• Subscriptions renew automatically for successive billing periods.
• You authorize Floatpoint and Stripe to charge your selected payment method.
• Renewal continues until you cancel the service.
• You must cancel before the renewal date to avoid the next charge.
• Cancellation does not retroactively refund an earlier charge.
• Usage-based fees and overages may be billed after the applicable usage occurs.

You are responsible for maintaining a valid payment method.

We may change prices. Price changes generally apply beginning with a future renewal and will be communicated through the website, panel, email, or another reasonable method.

19. Taxes

Fees do not include taxes unless expressly stated.

You are responsible for applicable sales, use, excise, value-added, withholding, or similar taxes, excluding taxes based on Floatpoint’s net income.

We may collect taxes when we determine that collection is required.

20. Refunds

Fees are non-refundable except:

• As expressly stated in a published refund policy.
• As expressly stated at checkout.
• As agreed by Floatpoint in writing.
• Where required by applicable law.

Service credits, promotional balances, and account credits have no cash value and are not refundable unless required by law.

Cancellation prevents future renewals but does not automatically create a refund for the current billing period.

21. Failed Payments and Chargebacks

If a payment fails, is reversed, or becomes overdue, we may:

• Retry the payment method.
• Restrict account functions.
• Suspend affected Services.
• Terminate Services after a reasonable payment period.
• Recover reasonable collection costs where permitted by law.

You should contact office@gummies.cloud before initiating a payment dispute so that we have an opportunity to investigate.

Filing a chargeback does not prevent Floatpoint from contesting the dispute, suspending an unpaid service, or seeking amounts lawfully owed. Nothing in these Terms limits rights available under applicable payment-card rules or law.

22. Suspension

We may immediately suspend or restrict an account, service, workload, network connection, or Customer Content when we reasonably believe:

• These Terms have been violated.
• The use is unlawful or exposes Floatpoint to legal risk.
• The account or service has been compromised.
• The service is participating in an attack or abusive activity.
• Continued operation threatens infrastructure or another person.
• A payment is overdue or disputed.
• An upstream provider requires action.
• Suspension is necessary to comply with law or legal process.

For non-urgent violations, we may provide notice and an opportunity to correct the issue. We are not required to provide advance notice where delay could increase harm, security risk, legal exposure, or infrastructure disruption.

Suspension does not relieve you of payment obligations already incurred.

23. Termination

You may terminate a service through the customer panel or another method we provide.

We may terminate an account or service:

• For a material or repeated violation of these Terms.
• For nonpayment.
• For fraud or attempted fraud.
• For conduct creating unacceptable security, legal, reputational, or operational risk.
• When required by law or an upstream provider.
• When we discontinue the applicable service.
• When the account has remained inactive for an extended period.
• For any other reason upon reasonable notice where permitted by law.

Upon termination:

• Your right to use the affected Service ends.
• Customer Content may be deleted immediately or after a limited operational period.
• Associated backups and snapshots may also be deleted.
• Assigned IP addresses and resources return to Floatpoint.
• Amounts already owed remain payable.
• Provisions intended to survive termination remain in effect.

You are responsible for exporting Customer Content before termination. You should not rely on Floatpoint to retain or recover data after termination.

24. Intellectual Property

The Services, customer panel, website, documentation, branding, software, and related materials provided by Floatpoint are owned by Floatpoint or its licensors.

Subject to these Terms, Floatpoint grants you a limited, revocable, nonexclusive, nontransferable right to use the Services during your active subscription.

You may not copy, modify, reverse engineer, resell, sublicense, or exploit Floatpoint software or materials except where expressly permitted by law or written authorization.

“Floatpoint,” “gummies.cloud,” associated logos, and related branding may not be used without permission.

Feedback you voluntarily provide may be used by Floatpoint without restriction or compensation, provided we do not publicly identify you as its source without permission.

25. Copyright Complaints

You may report alleged copyright infringement to office@gummies.cloud.

A complaint should identify:

• The copyrighted work.
• The material alleged to be infringing.
• The location of the material.
• Your contact information.
• A statement explaining your good-faith belief that the use is unauthorized.
• A statement that the information in the notice is accurate.
• Your physical or electronic signature.

We may remove or restrict allegedly infringing material and may terminate repeat infringers where appropriate.

Submitting a knowingly false claim or counterclaim may create legal liability.

26. Third-Party Services

The Services may rely on or integrate with third-party products and providers, including Clerk, Stripe, Cloudflare, data centers, network carriers, game publishers, software repositories, and control-panel integrations.

Your use of a third-party service may be governed by that provider’s terms and privacy policy.

Floatpoint is not responsible for a third party’s acts, omissions, outages, terms, pricing, discontinuation, or data practices.

27. Beta and Experimental Features

We may offer preview, beta, experimental, or early-access features.

Such features may be incomplete, unstable, changed without notice, or discontinued at any time.

Beta or experimental features are provided without service-level commitments and should not be used for critical workloads unless Floatpoint expressly agrees otherwise.

28. Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided “as is” and “as available.”

Floatpoint disclaims all express, implied, and statutory warranties, including implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, availability, uninterrupted operation, security, and data integrity.

We do not warrant that:

• The Services will always be available, uninterrupted, secure, or error-free.
• Customer Content will never be lost or damaged.
• Every attack or unauthorized access attempt will be prevented.
• Software, mods, plugins, or games will remain compatible.
• Support will resolve every issue.
• A particular result, performance level, latency, or player capacity will be achieved.

Nothing in these Terms excludes a warranty that cannot legally be excluded.

29. Limitation of Liability

To the maximum extent permitted by law, Floatpoint and its owners, officers, employees, contractors, affiliates, and providers will not be liable for:

• Indirect, incidental, special, exemplary, punitive, or consequential damages.
• Lost profits, revenue, business, goodwill, or opportunities.
• Business interruption.
• Loss, corruption, disclosure, or inability to recover data.
• Costs of substitute services.
• Conduct of customers, players, end users, attackers, or third parties.

To the maximum extent permitted by law, Floatpoint’s total aggregate liability arising from or relating to the Services or these Terms will not exceed the greater of:

1. The fees you paid to Floatpoint for the affected Service during the three months immediately preceding the event giving rise to the claim; or
2. One hundred United States dollars.

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose.

The limitations do not apply to liability that cannot legally be limited or excluded.

30. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Floatpoint and its owners, officers, employees, contractors, affiliates, and providers from claims, liabilities, damages, judgments, losses, penalties, costs, and reasonable legal fees arising from or relating to:

• Your use of the Services.
• Customer Content.
• Activity conducted through your account or hosted systems.
• Your users, players, administrators, or customers.
• Your violation of these Terms.
• Your violation of law or another person’s rights.
• A dispute between you and one of your users or customers.

Floatpoint may assume control of the defense of a matter subject to indemnification. You agree to reasonably cooperate with that defense.

31. Force Majeure

Floatpoint is not responsible for delay or failure caused by events beyond its reasonable control, including:

• Natural disasters.
• Fire or flood.
• War, terrorism, civil unrest, or government action.
• Labor disputes.
• Utility or telecommunications failure.
• Internet routing or upstream-provider failure.
• Data-center failure.
• Denial-of-service attacks or widespread cybersecurity incidents.
• Hardware or software supply shortages.
• Epidemics or public-health emergencies.

32. Electronic Communications

You consent to receive agreements, notices, invoices, disclosures, and other communications electronically.

We may communicate through email, the customer panel, the website, support systems, or other contact methods associated with your account.

You are responsible for keeping your email address current and reviewing operational notices.

33. Changes to These Terms

We may update these Terms to reflect changes in our Services, providers, risks, practices, or legal obligations.

The revised Terms will be posted with a new “Last updated” date.

Where a change is material, we may provide additional notice through email, the customer panel, the website, or another reasonable method.

Your continued use of the Services after revised Terms take effect constitutes acceptance of the revised Terms to the extent permitted by law.

34. Governing Law and Disputes

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services are governed by the laws of the State of Texas, without regard to its conflict-of-law principles.

Except where applicable law requires otherwise, the state courts located in Parker County, Texas will have exclusive jurisdiction and venue over any such dispute. If a dispute falls within the exclusive or proper jurisdiction of a federal court, jurisdiction and venue will lie in the United States District Court for the Northern District of Texas, Fort Worth Division.

You and Floatpoint consent to the personal jurisdiction of those courts and waive objections based on improper venue or an inconvenient forum.

Before filing a legal action, each party agrees to make a good-faith effort to resolve the dispute informally. You must send Floatpoint a written description of the dispute and your requested resolution at office@gummies.cloud. Nothing in this section prevents either party from seeking emergency injunctive relief or bringing an eligible claim in small-claims court.

35. Miscellaneous

These Terms, the Privacy Policy, any applicable Acceptable Use Policy, product terms, service order, and written service-level agreement constitute the agreement between you and Floatpoint regarding the Services.

If there is a conflict, a signed written agreement or specific service order controls over these general Terms for the subject it addresses.

You may not assign these Terms without Floatpoint’s prior written consent. Floatpoint may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, or transfer of the Services.

If a provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain effective.

Failure to enforce a provision is not a waiver.

Headings are provided for convenience and do not affect interpretation.

These Terms do not create a partnership, employment relationship, agency, franchise, or joint venture.

36. Contact

Questions about these Terms may be sent to:

Floatpoint, LLC d/b/a gummies.cloud

General and legal inquiries: office@gummies.cloud

Privacy inquiries: privacy@floatpoint.net

Security reports: security@floatpoint.net