TERMS OF SERVICE.
OWNER: NELLYX
|LAST UPDATE: May 10, 2026
Introduction
This document sets out the Terms of Service ("Terms", "ToS") applicable to the use of the services, platforms, infrastructure, hosting systems, and products offered by Nellyx. By creating an account, using our services or accessing our platform, the user ("Client", "User", "You") accepts these Terms without reservation and in their entirety.
01. ACCEPTANCE OF TERMS
"You are at least 18 years old or have parental consent"
"The information provided is real, accurate, and verifiable"
"You understand and fully accept these Terms"
"You will not use the services for illegal purposes"
Nellyx may modify these Terms at any time. Changes will be notified via email to registered users. Continued use after notification constitutes acceptance of the new Terms.
02. SERVICES & PLANS
Nellyx currently provides Nellyx Cloud plans and game hosting operations through Nellyx Panel (Game Panel). Additional developer workloads in Nellyx Console are planned for a later release.
Resource Pools
Public plan specifications, prices, and current product scope are listed at nellyx.xyz/plans. Resource pools define the RAM, disk, CPU, and service limits available to your account.
Resource allocations, including RAM, CPU, storage, bandwidth, process limits, and runtime restrictions, are enforced at infrastructure level. Attempting to bypass or abuse imposed limits may result in suspension or termination.
03. BILLING & PAYMENTS
Payment Methods
Payments are processed through secure third-party checkout providers configured by Nellyx. Available methods may vary by region and billing profile.
Billing Cycle
Services are billed monthly on the date of initial purchase. Renewals are automatic unless canceled before the renewal date.
Taxes
Prices are listed in USD and exclude applicable taxes. Users are responsible for any taxes required in their jurisdiction.
Failed Payments
Services will be suspended after 3 days of failed payment. Data is retained for 7 days, after which it may be permanently deleted.
04. REFUND POLICY
We offer a 7-day money-back guarantee on first-time paid plan purchases, subject to review in cases of abuse, fraud, or policy violations.
✓ Refunds must be requested within 7 days of purchase
✓ Applicable only to first-time purchases of each plan type
✗ Renewals and upgrades are non-refundable
✗ No refunds for ToS violations or service abuse
✗ Migration services and one-time fees are non-refundable
Refunds are processed to the original payment method within 5-10 business days.
05. SERVICE AVAILABILITY
Availability Goal
Nellyx operates shared and distributed infrastructure. Temporary interruptions, maintenance events, upstream outages, hardware faults, abuse mitigation, software faults, force majeure events, or emergency operational actions may affect service availability.
Unless explicitly agreed in writing, public plans do not include a separate contractual SLA or automatic service credits.
Support
Paid plans receive priority support. Response and resolution times depend on queue volume, incident severity, and the technical complexity of the request.
06. PROHIBITED USES & SUSPENSION
Nellyx reserves the right to suspend, pause, or delete any service without prior notice in cases of:
- • Malware, phishing, botnets, or any malicious software
- • Cryptocurrency mining (strictly forbidden)
- • Reselling or subletting resources without written authorization
- • CPU/RAM/Bandwidth abuse beyond plan specifications
- • Hosting illegal content (piracy, adult content, hate speech)
- • DDoS attacks or network abuse originating from your service
- • Spam, mass mailing, or automated messaging abuse
- • Attempts to escalate privileges, interfere with the host system, access unauthorized resources, or bypass container or runtime isolation
Interactive shell access, SFTP access, and runtime environments are isolated and restricted. Any attempt to compromise platform security, escape runtime isolation, abuse shared infrastructure, or interfere with platform operations may result in immediate termination without refund. Repeated violations may result in permanent ban.
07. DATA & BACKUPS
Users are responsible for maintaining their own data backups. While Nellyx provides automated backup features, these are provided as a courtesy and do not constitute a guarantee.
Important: Nellyx is not liable for data loss due to hardware failure, user error, account termination, or any other cause. Always maintain external backups of critical data.
Data Retention After Cancellation
Upon service cancellation, data may be retained for a limited recovery period and then permanently deleted. Retention windows may vary depending on the service type, billing state, and operational requirements.
Lifecycle & Backup Policies
Inactive or suspended services may be archived, compressed, migrated to cold storage, or permanently deleted after the applicable retention period. Nellyx reserves the right to reclaim storage resources from inactive services in accordance with operational retention policies.
Backup retention periods may vary depending on the service type and selected plan. Expired backups may be automatically removed without additional notice.
08. INTELLECTUAL PROPERTY
The Nellyx platform, control panel, branding, logos, and all related intellectual property remain the exclusive property of Nellyx.
Your Content
You retain all rights to content you upload. By using our services, you grant Nellyx a limited license to host, store, and backup your content solely for service provision.
Our Platform
You may not reverse engineer, copy, distribute, or create derivative works of the Nellyx platform or panel without written permission.
09. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NELLYX SHALL NOT BE LIABLE FOR:
- • Indirect, incidental, special, or consequential damages
- • Loss of profits, revenue, data, or business opportunities
- • Service interruptions, including those caused by force majeure
- • Data loss or corruption, regardless of cause
- • Third-party actions or content hosted by users
Our total liability for any claim shall not exceed the amount paid by you for the service in the 3 months preceding the claim.
10. CANCELLATION & TERMINATION
User Cancellation
You may cancel your service at any time through the client panel. Cancellations take effect at the end of the current billing cycle. No prorated refunds are provided for partial billing periods.
Nellyx Termination
We reserve the right to terminate services for ToS violations, non-payment, or if we determine continued service poses a security or legal risk. Account termination for violation is without refund.
11. GOVERNING LAW & DISPUTES
These Terms are governed by the laws of Paraguay. Any disputes shall be resolved in the competent courts of Asunción, Paraguay.
Dispute Resolution
Before initiating legal proceedings, parties agree to attempt a good-faith resolution through direct communication. Contact legal@nellyx.xyz for formal dispute notices.
12. PRIVACY & CONTACT
Our data practices are detailed in our Privacy Policy. By using our services, you also agree to the Privacy Policy.