Terms of Service

1. Overview and Acceptance

These Terms of Service ("Terms") constitute the entire agreement between you ("Customer", "you") and Codexvert ("Codexvert", "we", "us"), a hosting and infrastructure service operated by Aekansh as a sole proprietorship based in India. By registering an account, placing an order, or using any service, you confirm you have read and agree to these Terms together with the Privacy Policy, Acceptable Use Policy, Refund Policy, Service Level Agreement, Subprocessor List & Vendor Policy, Copyright & DMCA Policy, and Law Enforcement & Government Request Guidelines (collectively, "Policies").

2. Eligibility and Account Responsibilities

The account owner must be an individual of legal capacity. The standard minimum age for account ownership is 18 years or the age of majority in your jurisdiction.

Minor Exception – Limited to Minecraft, Game, and Web Hosting

Individuals aged 13 to 17 years may open and own an account strictly for Minecraft / Game Hosting and Web Hosting only, provided the following cumulative conditions are met:

• Verified parental or legal guardian consent: the parent or legal guardian must complete email verification, provide a government-issued identity document, and sign a declaration assuming full legal and financial liability for all activity under the account.
• Guardian-designated contact: the guardian's email is recorded as secondary contact and receives all abuse, billing, and suspension notices.
• Product restriction: VPS, Mail Hosting, cPanel reseller hosting, and the Nested Virtualization addon are strictly 18+ and cannot be ordered on minor-owned accounts even with guardian consent.
• Transfer at majority: upon reaching 18 years, ownership must be re-verified through KYC; the account will be temporarily restricted until re-verification.
• Players and end-users who join a customer's Minecraft or game server may be under 18 and do not require a client-area account; the billing owner remains fully responsible for their conduct.

Any attempt to circumvent age restrictions by misrepresenting age, using a third party, or ordering restricted products on a minor-owned account constitutes a material breach.

3. Services

Where a feature is marketed as "shared", it runs on multi-tenant infrastructure with fair-use limits as defined in Section 8 and the Acceptable Use Policy.

4. Nested Virtualization Addon – Throttle and Unlock Model

The Nested Virtualization Enabled Shared VPS is a shared KVM VPS managed in VirtFusion. Nested virtualization is NOT enabled by default and is a separate paid addon.

4.1 Default 20% Throttle for Node Health

To preserve stability of shared KVM nodes, any VPS with the nested virtualization addon active is by default limited to 80% of its allocated vCPU and 80% of its allocated RAM via cgroup enforcement. This 20% throttle is a technical safeguard against noisy-neighbor degradation caused by nested hypervisor overhead and is applied automatically upon enablement.

4.2 Performance Unlock Addon

A customer may restore full 100% allocation by purchasing the "Nested Performance Unlock" addon, priced at 20% of the underlying VPS plan fee per billing cycle (monthly, quarterly, or annual, matching the VPS cycle). The unlock is optional; without it the VPS operates in throttled but stable mode. Example: VPS INR 1,000 + Nested Addon INR 300 + Unlock INR 200 = INR 1,500 total.

4.3 Implementation and Authentication

Implementation is manual. Purchase alone does not auto-enable. You must request implementation through an authenticated ticket in the Paymenter client area, or initiate via email, Discord ticket, or official WhatsApp. All initiation channels require final confirmation through a unique verification link sent to the registered account email, expiring after 2 hours. If two-factor authentication is enabled on the account, it is required to confirm.

Your request must include Service/VPS ID and target guest operating system. The value "TBD – Benchmarking" is permitted for evaluation purposes, in which case we enable generic host-passthrough CPU mode; one subsequent guest OS change is permitted within 72 hours at no cost.

We target implementation within 48 hours of a complete authenticated request during IST business hours. Implementation may require a brief reboot; possible short downtime is disclosed before execution.

4.4 Node-Bound Nature and Reselling

The addon is tied to the node and configuration on which it was enabled. Migration or plan change invalidates current implementation and requires a fresh implementation request at no charge. Reselling hypervisor capacity (partitioning a single VPS to resell independent VPS or hosting services to third parties) is prohibited unless all of the following are met: (a) Performance Unlock addon is active, (b) prior written approval is obtained via Paymenter with designated abuse contact, and (c) a minimum 20% resource overhead is maintained at all times. Unapproved subdivision constitutes immediate termination for high-severity abuse.

5. Orders, Billing, and Suspension

All prices are in Indian Rupees (INR). Purchases are processed via Paymenter with Razorpay as payment gateway. Codexvert does not store card or UPI details.

5.1 Renewal and Immediate Suspension

Services are renewed automatically from your credit balance. If your credit balance is insufficient at the exact renewal time, the affected service is suspended immediately, with no grace period. This strict enforcement is applied uniformly.

5.2 Termination Within 7 Days and Unsuspension Right

Termination of a billing-suspended service occurs within 7 days of suspension. The permanent data deletion countdown begins only at termination, not at suspension. At any time within this 7-day window, you may unsuspend the service by paying the outstanding invoice or topping up sufficient credits. Unsuspension is automatic within 15 minutes of payment, restores all data, and does not result in forfeiture of the nested virtualization addon or Performance Unlock.

During billing suspension, access to the client area, billing, invoice payment, and support tickets remains fully available, even though the VPS or game server itself is offline. This prevents deadlock where a suspended account cannot top up.

6. Credit Rules

Account credits are the primary non-cash compensation mechanism. No cash refunds are issued except where explicitly required by mandatory law or for catastrophic provider-caused total data loss as defined in the Service Level Agreement and Section 10.

• Non-Forfeitable and Transferable: Credits are non-forfeitable on standard billing termination or cancellation. They are transferable between accounts owned by the same legal entity via authenticated Paymenter ticket.
• Abuse Block: Transfers are blocked if the source account has been subject to an active Critical abuse investigation (CSAM, phishing, malware C2, cryptomining) within the last 7 days, until the investigation is closed. This prevents evasion of enforcement through credit laundering.
• Transfer Window: Credits may be transferred up to 24 hours AFTER you submit a closure request. After the 24-hour window, remaining credits remain subject to expiry, not immediate forfeiture.
• 12-Month Expiry: All credits expire 12 months from the grant date. Expiry warnings are sent via email and client area at 30 days, 7 days, and 24 hours before expiry.
• Catastrophic Loss Exception: In the event of total data loss caused solely by a failure of Codexvert infrastructure where no customer-data backup was offered as a guaranteed service, you may choose between a cash refund equivalent to 6 months of service fees or account credits equivalent to 12 months, at your option. Such credits are not forfeitable on closure.

7. Cancellation, Suspension, Data Retention, and Preservation Hierarchy

7.1 Cancellation

You may cancel any recurring service from the client area. Cancellation takes effect at the end of the current paid period. Data is retained for 7 days after termination and then permanently deleted, subject to the preservation hierarchy below.

7.2 Preservation Hierarchy – Binding Order

Where retention and deletion obligations conflict, the following hierarchy applies in descending priority:

Any account with a Critical abuse flag within the last 30 days that initiates a chargeback-driven termination is automatically escalated to Priority 2. This prevents use of chargebacks as a means to delete forensic evidence.

7.3 Notification

Where deletion is delayed due to Priority 1 or 2, you will be notified of the delay with the legal basis, unless prohibited by an explicit gag order bearing a court docket number.

8. Fair Use and DDoS Mitigation

8.1 Quantified Fair Use Definition

Shared infrastructure operates under a quantified fair-use standard. "Sustained overuse" is defined as consumption exceeding 85% of allocated vCPU, RAM, disk I/O, or bandwidth for more than 6 hours per day across 3 or more consecutive days, where hypervisor metrics demonstrate measurable degradation to neighboring tenants, specifically CPU steal time exceeding 10% or iowait exceeding 20%. A single continuous burst of up to 8 hours, such as a Blender rendering job, does not constitute sustained overuse.

Enforcement escalates proportionally: first occurrence results in a warning and upgrade recommendation (medium severity, 24-hour response target), second occurrence within 7 days results in throttling to plan limits, third results in suspension pending review.

8.2 DDoS Protection Included

Codexvert maintains DDoS mitigation at the network edge via Cloudflare Magic Transit. DDoS attacks mitiated by this edge protection are INCLUDED in uptime calculations and are not excluded from SLA. Exclusion from SLA applies only where (a) attack volume exceeds 500 Gbps, exceeding current mitigation capacity, or (b) the customer bypasses Cloudflare protection through origin IP leak, DNS misconfiguration, or direct-to-origin exposure. If mitigation fails despite correct customer configuration, SLA credits apply. Monthly mitigation statistics are published in aggregate.

9. Uptime and Service Level Agreement

Codexvert targets 95% uptime per calendar month as defined in the Service Level Agreement. The SLA is the sole remedy for uptime shortfalls and is fulfilled through account credits (transferable, 12-month expiry) or service-days extensions. Refer to the SLA for the credit formula and anti-spoof monitoring validation.

10. Backups and Data Responsibility

You are solely responsible for maintaining independent off-platform backups of your data. VirtFusion and Pterodactyl panels offer snapshot tools as a convenience; such snapshots are stored on the same local physical node where the service runs, are not replicated off-site, and do not constitute a backup guarantee.

11. Acceptable Use

You must comply with the Acceptable Use Policy, which is incorporated by reference. Cryptocurrency mining, including inside nested guests, is prohibited and results in immediate termination on first confirmed offense. Reselling is subject to Section 4.4. Outbound SMTP is blocked by default and opened only via KYC as described in the AUP.

12. Liability and Indemnification

To the maximum extent permitted by law, Codexvert shall not be liable for indirect, incidental, special, consequential, or punitive damages. Except for the catastrophic loss exception defined in Section 6, total aggregate liability shall not exceed amounts paid in the 3 months preceding the claim. You indemnify Codexvert against claims arising from your use, content, or breach of these Terms or the AUP.

13. Governing Law and Disputes

These Terms are governed by laws of India. Jurisdiction for general disputes is exclusive courts at Azamgarh, Uttar Pradesh. For copyright counter-notices, jurisdiction is governed by Online Dispute Resolution as defined in the Copyright & DMCA Policy.

14. Data Processing Addendum

Roles: You are Data Controller for end-user content hosted on your services. Codexvert is Data Processor for account, billing, support data and sub-processor for service content solely for providing infrastructure (storage, compute, network). Codexvert may process traffic metadata and cryptographic abuse hashes (e.g., PhotoDNA) as legitimate interest for detecting CSAM, phishing, malware C2, and spam, balanced against privacy. This DPA does not create audit rights beyond case-by-case consideration; however, last audit dates for all subprocessors including confidential infrastructure partners are published per the Subprocessor List.

15. Contact