Terms of Service

VMHeaven is operated by:

• Samuel Dierich
• operating as: VMHeaven
• c/o IP-Management #8262
• Ludwig-Erhard-Straße 18
• 20459 Hamburg
• Germany
• Telephone: +49 1522 3245373
• E-mail: contact@vmheaven.io

These Terms govern the contractual relationship between VMHeaven and customers ("Customer") who use VMHeaven's services.

The Acceptable Use Policy (AUP) is part of these Terms and of every contract.

How we process personal data is explained in our Privacy Policy. It is information under Art. 13 GDPR, not part of the contract, and it does not require the Customer's consent.

The Customer is obligated to comply with the Acceptable Use Policy (AUP) at all times. Violations of the AUP constitute a material breach of contract and may result in immediate suspension or termination of services without prior notice and without entitlement to a refund.

Only fully legally capable natural persons, partnerships, and legal entities may use the services without restriction.

Minors may only use the services with the consent of their legal guardians.

Usage rights of minors may be restricted or revoked if necessary.

The Customer is solely responsible for keeping their account credentials (passwords, API keys, SSH keys) secure. VMHeaven is not liable for unauthorized access resulting from compromised credentials.

The Customer must notify VMHeaven immediately if they suspect unauthorized access to their account.

Contract language: German.

Contact details: see Imprint.

One month equals 30 days.

All services are prepaid.

Chargebacks, payment delays, or failed payments will result in immediate service suspension.

VMHeaven reserves the right to charge late fees or collection costs.

VMHeaven reserves the right to adjust prices. Price changes will be communicated at least 4 weeks in advance. If the Customer does not agree, they may terminate the contract before the new prices take effect.

VMHeaven provides virtual servers, hosting services, and digital infrastructure.

Software installation or custom configurations are provided on request only and billed separately.

For our digital services the statutory warranty rights for digital products apply (§§ 327 ff. BGB).

The Customer agrees to comply with the Acceptable Use Policy (AUP), usage guidelines, and all other applicable policies at all times. The AUP governs in particular:

• Permitted and prohibited activities
• Measures to ensure system stability
• Protection of the shared hosting environment
• Quality assurance
• Acceptable Use Policy (AUP)

Violations of the AUP or these Terms may result in immediate suspension or permanent termination of all services, without prior notice and without entitlement to a refund. VMHeaven reserves the right to take additional legal action in cases of serious misconduct.

VMHeaven does not refund payments for services.

Every service starts immediately: with the order or renewal the Customer requests that VMHeaven starts the service right away, and VMHeaven sets it up as soon as the payment is confirmed.

As a goodwill gesture, VMHeaven may grant credit on the Customer's VMHeaven.io account, at its sole discretion and without any legal entitlement; a Customer who buys via Telegram without an account receives it once they link an account (section 23). Goodwill is never given in any other form.

Credit is not paid out. It can be used for any service, upgrade or renewal.

VMHeaven may use backups and redundancies (e.g., RAID).

Responsibility for data backup lies solely with the Customer.

No guarantee of completeness, availability, or restoration of data.

No guarantee of "clean" IPs or avoidance of blacklisting.

Blacklists are outside VMHeaven's control.

No refund due to IP reputation or performance.

Performance may vary; no guarantee of minimum performance or benchmarks.

No guarantee of 100% availability.

Maintenance work is permitted.

No compensation or damages for outages or downtime.

VMHeaven may immediately suspend or terminate services for violations of the Acceptable Use Policy (AUP), including but not limited to: spam, DDoS attacks, malware distribution, phishing, botnet activity, or any other prohibited activity as defined in the AUP.

Data may be disclosed to authorities when legally required.

Botnet controllers are automatically terminated, e.g., via the Spamhaus API.

Customers are liable for all damages caused by their violations of the AUP, including costs arising from abuse reports, legal proceedings, or infrastructure damage.

VMHeaven collects standard virtualisation host metrics (CPU usage, RAM usage, disk I/O) provided by the Proxmox platform solely for service stability and capacity management.

No packet content, traffic data, or application-level information is inspected or stored.

No additional logging beyond what is technically required for network routing and abuse prevention is performed.

Customers must submit support requests correctly and completely through the support system.

VMHeaven is not liable for delayed processing due to incorrect or incomplete requests.

Liability only under German law:

For damages arising from injury to life, body, or health due to intent or negligence.

For other damages only in cases of intent, gross negligence, or fraud.

No liability for input, transmission, or processing errors outside VMHeaven's control.

Obvious errors (e.g., pricing) may be corrected at any time.

In all cases, VMHeaven's total liability is limited to the amount paid by the Customer for the affected service during the 12 months preceding the event giving rise to the claim.

VMHeaven is not liable for indirect damages, consequential damages, lost profits, or loss of data.

The Customer agrees to indemnify and hold VMHeaven harmless from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• The Customer's use or misuse of VMHeaven's services
• Content hosted, stored, or transmitted by the Customer
• Violations of the AUP, these Terms, or applicable law by the Customer or their end users
• Third-party claims resulting from the Customer's activities on VMHeaven's infrastructure
• Infringement of intellectual property rights by the Customer

This indemnification obligation survives the termination of the contract.

VMHeaven is not liable for outages or delays caused by:

Power outages, natural disasters, war, cyberattacks, data center issues, ISP outages.

Customers may not misuse VMHeaven's name or logos.

No acting "on behalf of VMHeaven".

All services are prepaid and may be cancelled at any time.

After expiration, servers are generally retained for 7 days.

VMHeaven reserves the right to permanently delete servers including all data after expiration.

A service is renewed only when the Customer pays a renewal or has turned on auto-renew. Auto-renew renews the service for one month (30 days) at a time from the account balance before it expires, until the Customer turns it off; turning it off is possible at any time.

VMHeaven may terminate services immediately without notice (extraordinary termination) in cases of: material breach of these Terms or the AUP, illegal activity, non-payment, insolvency of the Customer, or repeated violations.

Upon termination, the Customer's right to use the services ceases immediately. VMHeaven is not obligated to retain any data after termination.

VMHeaven may change these Terms and the Acceptable Use Policy for the future.

A changed version applies to a new order, a renewal, a top-up or turning on auto-renew only after the Customer has accepted it. A prepaid term that is already running continues under the version that applied when it was ordered.

Each document shows the date of its current version. In the Telegram bot and the Mini App, VMHeaven shows briefly what changed before it asks for the acceptance.

Should any provision be or become invalid, the validity of the remaining provisions shall not be affected.

German law applies.

Jurisdiction: Germany.

VMHeaven is neither willing nor obligated to participate in consumer arbitration proceedings.

The product pages of our website, the Telegram bot @vmheaven_bot and the Mini App vmheaven.io/tg describe our services; they are not yet a binding offer.

In the Telegram bot and the Mini App the Customer chooses product, location, term, operating system and hostname; checks the order summary with the essential features, the total price including VAT and the term; accepts these Terms and the Acceptable Use Policy (before the first order and after a change); gives the name for invoices where asked; asks us to start right away; and presses the order button "Buy now" (German: "Zahlungspflichtig bestellen", Russian: "Заказать с обязательством оплаты"). Until then, entries can be corrected with the Back and Change buttons. A renewal is made in the same way on the renewal screen.

By pressing the order button the Customer makes a binding offer. VMHeaven accepts it by creating the order, which the bot or the Mini App confirms immediately with the order number. Payment is due immediately. An order that has not been paid by the date shown is cancelled automatically at no cost.

VMHeaven stores the contract text. For orders and renewals in the Telegram bot or the Mini App, the Customer receives right afterwards a PDF confirmation in the Telegram chat with the order details, the applicable versions of these Terms and of the Acceptable Use Policy. The current Terms are available at https://vmheaven.io/terms-of-service; earlier versions are available on request.

The order process is available in English, German and Russian. These Terms are available in English and German.

The Customer can buy and manage services in the Telegram bot and the Mini App without a vmheaven.io account. The contract is concluded with VMHeaven. Telegram is not a party to it, and Telegram's support cannot help with purchases; questions go to our support (/support in the bot).

Without an account the Customer is identified by their Telegram account, and services bought this way can only be managed through it. The Customer must keep the Telegram account secure, for example with a two-step verification password. If the Customer loses access to it, they should contact our support (contact@vmheaven.io).

The Customer can link a vmheaven.io account at any time (/link in the bot). Services and open support tickets then move to that account. Open invoices are cancelled and issued again to that account; the price can change because of the account's country and VAT or because a coupon cannot be used again. If it changes, the Customer confirms the order again before paying.

If VMHeaven asks for a name for invoices, the Customer gives their real name or the name of their company. A change applies to invoices issued afterwards; invoices already issued are not changed.

Prices in the bot and the Mini App are final prices including VAT; the invoice shows the VAT applied. Network fees of crypto payments and fees of the Customer's own payment provider are borne by the Customer.