Terms of Service

Welcome to Lagless.gg, a game server hosting service operated by Elcro Digital Services, LLC (“Company”, “we”, “us”, or “our”). By using our services, you agree to comply with and be bound by the following Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our services.

1 - Acceptance of Terms

By creating an account, purchasing a service, or otherwise using Lagless.gg, you acknowledge that you have read, understood, and agreed to these Terms, as well as our Privacy Policy.

2 - Account Registration & Security

• You must be at least 18 years old or have parental/guardian consent to use our services.
• If you are under 18, your parent or legal guardian must agree to these Terms on your behalf and is responsible for your account activity.
• Users under 13 require explicit parental consent and supervision in compliance with COPPA regulations.
• You agree to provide accurate and up-to-date information when registering.
• You are responsible for maintaining the security of your account. We are not liable for any unauthorized access.

3 - Service Usage

• Our services are provided on an “as is” and “as available” basis.
• We reserve the right to modify, suspend, or discontinue services at our discretion.
• You may not use our services for illegal activities, abusive behavior, or any actions that violate applicable laws or regulations.
• We may suspend or terminate your service if we determine, at our sole discretion, that your use violates these Terms.

4 - Payments & Billing

• All services are paid for on a monthly basis in advance.
• All payments are due at the time of purchase.
• We accept various payment methods as displayed at checkout.
• We reserve the right to adjust pricing with prior notice.

Automatic Payment Processing

• Invoice Generation: Invoices are generated 14 days before the service due date.
• Payment Capture: We automatically attempt to capture payments within 7 days of the service due date, most commonly 2 days before the invoice due date to ensure uninterrupted service.
• Payment Reminders: We send payment reminder emails 5 days before your invoice due date.

Overdue Payment Process

• First Overdue Notice: Sent 1 day after the invoice due date.
• Second Overdue Notice: Sent 2 days after the invoice due date.
• Final Overdue Notice: Sent 4 days after the invoice due date.
• Late Fees: A 6% late fee per day is applied starting 5 days after the payment due date.
• Service Suspension: Services will be automatically suspended 5 days after the payment due date if payment remains outstanding.
• Service Termination: Services will be permanently terminated 7 days after the payment due date if payment is not received. All data will be permanently deleted upon termination.

Payment Violations & Chargebacks

Chargeback Policy

We take chargebacks very seriously as they represent a significant cost and administrative burden to our business. Before initiating any chargeback with your bank or payment processor, you must contact our support team to resolve any billing disputes. We are committed to working with customers to resolve legitimate billing issues promptly and fairly.

Acceptable Reasons for Chargebacks

Chargebacks are only acceptable in the following circumstances:

• Unauthorized transactions: When your payment method was used without your knowledge or consent
• Service not provided: When we fail to deliver the ordered service and do not respond to support requests within 72 hours
• Billing errors: When you are charged incorrectly and we are unable or unwilling to correct the error after being contacted
• Technical fraud: When our payment processing system malfunctions and charges you incorrectly

Chargeback Abuse

The following actions constitute chargeback abuse and will result in immediate account termination:

• Post-service chargebacks: Initiating chargebacks after successfully receiving and using our services
• Refund avoidance: Using chargebacks to circumvent our refund policy or payment terms
• Bypassing support: Filing chargebacks without first attempting to resolve the issue through our support channels
• False claims: Making untrue statements to your bank about the nature of the transaction or services received
• Buyer's remorse: Initiating chargebacks simply because you changed your mind about the purchase
• Service dissatisfaction: Using chargebacks as a complaint mechanism for service quality issues rather than requesting support
• Repeated chargebacks: Multiple chargeback attempts regardless of reason

Chargeback Consequences

• Immediate service suspension: All services will be suspended immediately upon chargeback notification
• Account termination: Your account will be permanently terminated, and you will be banned from creating new accounts
• Data deletion: All server data, backups, and account information will be permanently deleted
• Chargeback fees: You will be responsible for all chargeback fees imposed by payment processors (typically $15-$25 per chargeback)
• Legal action: We reserve the right to pursue legal action for fraudulent chargebacks or to recover damages
• Credit reporting: Unpaid chargeback fees may be reported to credit agencies
• Industry reporting: Fraudulent chargeback attempts may be reported to industry fraud prevention networks

Chargeback Response Process

When we receive a chargeback notification, we will:

• Immediately suspend all services associated with the account
• Review the transaction and service delivery records
• Attempt to contact you via email with documentation of services provided
• Submit representment documentation to the payment processor if the chargeback appears invalid
• Permanently terminate the account if the chargeback is determined to be abusive

Valid Dispute Resolution

To resolve billing disputes properly:

• Contact support first: Open a ticket through our billing portal or email [email protected]
• Provide details: Include transaction details, account information, and specific concerns
• Allow response time: Give us 48-72 hours to investigate and respond to your inquiry
• Escalate if needed: If unsatisfied with the initial response, request escalation to management
• Document everything: Keep records of all communication for your protection

Additional Payment Violations

• Fraudulent payment methods: Use of stolen payment methods, false billing information, or identity theft will result in immediate account suspension and law enforcement reporting
• Payment manipulation: Attempting to manipulate payment systems, exploit promotional codes, or circumvent payment processes
• Account sharing for payment: Using multiple accounts to avoid payment obligations or circumvent account limitations
• Disputed service delivery: Falsely claiming non-delivery of services that were successfully provided and accessed

5 - Refund Policy

• We offer a 24-hour refund period with no questions asked for standard game server hosting services. To request a refund, contact our support team within 24 hours of purchase.
• Refunds will not be granted after the 24-hour period unless required by law.
• Service renewals are excluded from the refund policy. The 24-hour refund period only applies to initial purchases of new services, not to automatic or manual renewals of existing services. Once a service has been renewed, no refunds will be offered regardless of the circumstances.
• Previous refund limitation: Refunds are not available if a refund has been processed on the account within the last six (6) months, regardless of the service or reason for the previous refund.
• Dedicated servers are non-refundable once purchased. This includes all dedicated server configurations and related hardware allocations.
• Service addons are non-refundable once purchased. This includes but is not limited to advanced management services, dedicated IP addresses, additional storage, premium support, and any other supplementary services or features.

6 - Data Backup & Retention

• We provide automatic backups of server data retained for 3 days from the time of creation.
• Backups are provided as a convenience service only and are not guaranteed to be available or complete.
• Users are solely responsible for maintaining their own additional backups of all important data.
• We are not liable for any data loss, corruption, or unavailability regardless of cause, including but not limited to hardware failure, software issues, user error, or service termination.
• Upon account termination or service cancellation, all data including backups may be permanently deleted immediately without notice.
• Post-deletion backup retention: Upon deletion of your service, we will make a best effort to retain your most recent backup for a limited time period, but this retention is not guaranteed and should not be relied upon for data recovery.
• Data recovery requests are not guaranteed and may incur additional fees at our discretion.

7 - Service Downtime & Maintenance

• We strive for high uptime but do not guarantee uninterrupted service.
• Scheduled maintenance may cause temporary downtime, and we will attempt to provide notice whenever possible.
• We are not responsible for downtime caused by third-party providers, force majeure events, or user error.

8 - Liability & Disclaimer

• We are not liable for any data loss, service disruptions, or damages resulting from use of our services.
• To the maximum extent permitted by law, we disclaim all warranties, express or implied.

9 - Termination & Suspension

• We reserve the right to suspend or terminate your service at any time if you violate these Terms.
• You may terminate your service at any time by canceling through your account portal.

10 - Abuse & Abuse Reporting

• Users may not engage in abusive behavior, including but not limited to harassment, exploitation, unauthorized access, or actions that disrupt other users or the stability of our services.
• Any user found engaging in abusive behavior will be subject to immediate suspension or termination of services without prior notice.
• If you believe someone is abusing our services, you may report it by contacting us at [email protected] with relevant details and evidence.
• We reserve the right to investigate all abuse reports and take appropriate action at our sole discretion.

11 - Intellectual Property & DMCA

• Users are responsible for ensuring they have the right to use any content (including but not limited to skins, textures, builds, plugins, or media) on their servers.
• We respect intellectual property rights and expect our users to do the same.
• If you believe content on our platform infringes your copyright, please send a DMCA takedown notice to [email protected] including: (a) identification of the copyrighted work, (b) identification of the infringing material and its location, (c) your contact information, (d) a statement of good faith belief that use is not authorized, and (e) a statement that the information is accurate and you are authorized to act on behalf of the copyright owner.
• Upon receiving a valid DMCA notice, we will remove or disable access to the allegedly infringing content and notify the user.
• Users may submit a counter-notification if they believe the content was removed in error.
• Repeated copyright infringement may result in account termination.

12 - Modification to Terms

We may update these Terms from time to time. Continued use of our services constitutes acceptance of any changes.

13 - Service Level Agreement

Our Service Level Agreement (SLA) outlines our commitments regarding service uptime, scheduled maintenance, and service credit policies. The SLA is a separate document that forms part of these Terms.

You can view our full Service Level Agreement here.

14 - Governing Law & Venue / Dispute Resolution

Governing Law

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

Jurisdiction and Venue

You agree that any claim or dispute you may have against us must be resolved exclusively in the state or federal courts located in Pittsburgh, Pennsylvania, USA. You hereby consent to the personal jurisdiction and venue of those courts and waive any objection to such jurisdiction or venue. This includes but is not limited to disputes regarding the validity, enforceability, or scope of these Terms.

Dispute Resolution Process

• Informal Resolution: Before filing any legal action, you agree to first attempt to resolve any dispute through informal negotiations by contacting our legal department at [email protected]
• Notice Requirement: You must provide written notice of your dispute, including a description of the nature and basis of the claim and the relief sought
• Good Faith Negotiation: Both parties agree to negotiate in good faith for a period of thirty (30) days from receipt of the dispute notice
• Statute of Limitations: Any claim must be filed within one (1) year after the claim arose, or it will be permanently barred

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against us.

15 - Indemnification

Indemnification Obligation

You agree to defend, indemnify, and hold harmless Lagless.gg, Elcro Digital Services, LLC, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorney's fees and court costs).

Indemnifiable Events

This indemnification applies to claims arising from:

• Your use of and access to the services, including any data transmitted or received by you
• Any content, data, or materials hosted on your servers or transmitted through our services
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party right, including without limitation any copyright, trademark, patent, trade secret, privacy, publicity, or other intellectual property or proprietary right
• Any negligent or willful misconduct by you or your authorized users
• Any breach of your representations and warranties contained in these Terms
• Any dispute between you and any third party related to your use of the services

Indemnification Process

• We will promptly notify you of any claim subject to indemnification
• You may assume control of the defense and settlement of any such claim with counsel of your choice
• We may participate in the defense with counsel of our choice at our expense
• You may not settle any claim without our prior written consent if the settlement would impose any obligation on us
• This indemnification obligation will survive termination of these Terms

16 - Limitation of Liability

Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LAGLESS.GG, ELCRO DIGITAL SERVICES, LLC, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• DAMAGES RESULTING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES
• DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS

This exclusion applies whether the damages are based in contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

Liability Cap

Our aggregate liability to you for any claim arising out of or relating to the services or these Terms shall not exceed the greater of:

• Five hundred U.S. dollars (USD $500), or
• The total amount you paid us for the services in the twelve (12) months preceding the event giving rise to the claim

Essential Purpose and Separate Remedy

The limitations set forth in this section shall apply even if your remedies under these Terms fail of their essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

17 - Disclaimer of Warranties

General Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION OR CONTENT
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS

Third-Party Content and Services

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD-PARTY CONTENT, SOFTWARE, HARDWARE, OR SERVICES THAT MAY BE ACCESSED THROUGH OR USED IN CONNECTION WITH THE SERVICES. ANY SUCH THIRD-PARTY CONTENT OR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

No Advice or Information

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such jurisdictions, our warranties will be limited to the greatest extent permitted by law.

18 - Force Majeure

Force Majeure Events

We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, fires, or other environmental catastrophes affecting our data centers
• War, terrorism, civil unrest, riots, or other acts of violence
• Government actions, laws, regulations, or court orders that prohibit or restrict our operations
• Labor disputes, strikes, or other industrial actions beyond our control
• Epidemic, pandemic, or other public health emergencies that prevent access to our facilities
• Cyberattacks targeting critical internet infrastructure or widespread network attacks affecting multiple providers
• Any similar events or circumstances that are truly beyond our reasonable control and not related to our normal hosting operations

Notice and Mitigation

• We will use reasonable efforts to notify you of any force majeure event that may affect our services
• We will use reasonable efforts to minimize the impact of any force majeure event and resume normal operations as soon as practicable
• We will provide updates on the status of service restoration efforts when reasonably possible

Limitation of Relief

During any force majeure event, our obligations under these Terms will be suspended to the extent affected by the event. You will not be entitled to any refund, credit, or other compensation for service interruptions caused by force majeure events, except as may be provided in our Service Level Agreement.

19 - Entire Agreement & Headings

Entire Agreement

These Terms, together with any policies or documents expressly incorporated by reference (including the Privacy Policy, Acceptable Use Policy, and Service Level Agreement), constitute the entire agreement between you and us regarding the services. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us relating to the subject matter hereof.

Modification of Terms

• We may modify these Terms from time to time by posting the updated Terms on our website
• Material changes will be effective thirty (30) days after posting, unless otherwise required by law
• Non-material changes will be effective immediately upon posting
• Continued use of our services after any modification constitutes acceptance of the modified Terms
• If you do not agree to the modified Terms, you must discontinue use of the services

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the intent of the original provision.

Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision must be in writing and signed by an authorized representative of the Company.

Assignment

• You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent
• We may assign these Terms in whole or in part at any time without notice to you
• These Terms will be binding upon and inure to the benefit of the parties' respective successors and assigns

Headings and Interpretation

The headings used in these Terms are for convenience only and shall not affect the interpretation of any provision. The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation." The singular includes the plural and vice versa.

Survival

The provisions of these Terms that by their nature should survive termination will survive termination, including but not limited to sections relating to indemnification, limitation of liability, disclaimer of warranties, governing law, and dispute resolution.