Terms of Service and Sale

Article 1 — Preamble and Provider identification

The "Linux GPU" service, offered on linuxgpu.eu and its shop erp.linuxgpu.eu, is operated by GOTTAPHISH (gottaphish.com). GOTTAPHISH is the sole legal entity responsible for the service, its billing and the contractual relationship with the Customer.

• Company: GOTTAPHISH — SASU (French simplified joint-stock company) with a share capital of €10,000
• Registered office: 99 Avenue Baudin, 87000 Limoges, France
• SIREN: 950 929 885 — Limoges Trade and Companies Register (RCS)
• EU VAT number: FR73950929885
• Legal representative: Thibault Daccord
• Contact: contact@linuxgpu.eu

"Linux GPU" is a trade name of GOTTAPHISH; in these terms, "the Provider" means GOTTAPHISH.

These Terms of Service and Sale (the "Terms") govern every order and every use of the Linux GPU services. Placing an order constitutes full acceptance of the Terms in force on the date of the order; this acceptance is given by ticking a checkbox at checkout. The Terms prevail over any other document of the Customer.

Article 2 — Definitions

• Provider: GOTTAPHISH, operator of the Linux GPU service.
• Customer: any natural or legal person who subscribes to a service. The Customer is a Consumer when acting for purposes outside their trade or profession, and a Business otherwise.
• Service: the provision of a virtual server and its options, as described in Article 3.
• VM: the virtual machine allocated to the Customer on the Provider's infrastructure.
• Content: any data, file, software or stream stored, processed, distributed or made accessible through the VM.
• Subscription: the open-ended contract, billed monthly, between the Customer and the Provider.

Article 3 — Description of the Service

The Provider makes available to the Customer a Linux VM with administrator (root) access and a share of an integrated GPU. The characteristics of each plan (vCPU, memory, storage, GPU performance level) are those shown on linuxgpu.eu on the date of the order.

Shared resources. The VM runs on a physical server shared with other customers. vCPUs are not dedicated, and the physical GPU is shared. The "Perf" level indicates the relative share of GPU allocated to the plan. The Provider does not guarantee any number of simultaneous transcodes or any quantified performance.

Network. The VM has a dedicated public IPv6 address and shared outbound IPv4 access. A dedicated public IPv4 address is available as a paid option. Bandwidth is shared between the VMs on the server; traffic is not subject to any monthly quota, within the limits of reasonable use.

Fair use. The Provider may temporarily limit the resources (CPU, GPU, throughput) of a VM whose sustained consumption degrades the service for other customers. It informs the Customer whenever possible.

Hosting. The infrastructure is hosted by Hetzner Online GmbH (Germany) and on GOTTAPHISH's on-premise servers (France). VMs hosted at Hetzner use that provider's IP addresses. Some third-party services restrict access from these address ranges; this is notably the case for Plex. The Provider is not responsible for such restrictions and does not guarantee compatibility with any third-party service.

Backups. Unless the backup option is subscribed, no backup of the Customer's data is made. The Customer remains solely responsible for backing up their data.

Article 4 — Orders, prices and payment

Orders are placed online through a Stripe payment link. An order is final only once the Terms have been accepted (checkbox) and the first payment has been confirmed.

• Prices: those shown on linuxgpu.eu on the date of the order, excluding taxes. The VAT applicable in the Customer's country is added at checkout. For an EU Business with a valid VAT number, the reverse-charge mechanism applies.
• Setup fees: none.
• Payment: by card via Stripe, in advance, at the start of each monthly period, with automatic renewal. The Provider does not store any card data.
• Options: dedicated IPv4, daily backup and other options are billed in addition at the current rate.
• Payment failure: if a payment fails, the Service may be suspended 7 days after an unanswered reminder. It may be terminated and the data deleted 30 days after suspension.
• Price changes: the Provider may change its prices at any time, upwards or downwards, for all ongoing Subscriptions, including promotional or preferential rates. Any increase is notified by email at least 30 days before it applies and takes effect from the following monthly period. A Customer who does not accept it may cancel free of charge before it takes effect; otherwise the Customer is deemed to have accepted it.

The VM is normally delivered within 72 hours of payment; access credentials are sent by email.

Article 5 — Term, cancellation by the Customer and right of withdrawal

The Subscription has no minimum commitment period. It renews automatically every month.

Cancellation by the Customer. The Customer may cancel at any time from their Stripe customer portal or by email to contact@linuxgpu.eu. Cancellation takes effect at the end of the current, already paid monthly period; no pro-rata refund is due. The VM and all its data are permanently deleted after the Subscription ends. It is the Customer's responsibility to retrieve their data before that date.

Right of withdrawal (Consumers only). In accordance with Articles L221-18 et seq. of the French Consumer Code, the Consumer has 14 days from subscription to withdraw, without giving any reason. To do so, the Consumer sends an unambiguous statement to contact@linuxgpu.eu, for example using the form in the appendix.

A Consumer who requests that the Service begin before the end of this period expressly acknowledges it when ordering. If they then withdraw, they must pay an amount proportionate to the service provided until withdrawal (Article L221-25). The balance is refunded within 14 days using the same payment method.

No trial period. No trial period or money-back guarantee is offered. Only the statutory right of withdrawal above applies.

Article 6 — Acceptable use and mandatory legal content

The Customer uses the Service in compliance with French law, European Union law and these Terms. The Customer is solely responsible for the Content hosted, processed or distributed from their VM.

Media servers allowed. Plex, Jellyfin, Emby and any other media server may be used. This is subject to one strict condition: all Content must be legal. The Customer may only stream works for which they hold the rights, royalty-free works, or copies lawfully acquired for their private use. Public or commercial sharing of protected works without authorisation is prohibited.

Prohibited uses include:

• downloading, storing or distributing counterfeit or pirated works, including via BitTorrent, Usenet, illegal IPTV or circumvention of streaming services;
• any child sexual abuse material, terrorist content, content inciting hatred or violence, or otherwise unlawful content;
• sending spam or unsolicited email (outbound port 25 is blocked);
• phishing, distributing malware, hosting botnets or command-and-control servers;
• attacks, scans or intrusions against third-party systems without their owner's written permission, and denial-of-service attacks;
• cryptocurrency mining;
• reselling or subletting the Service without the Provider's written consent;
• any attempt to bypass the VM's isolation or to access the Provider's infrastructure or other customers.

The Customer indemnifies the Provider against any third-party claim or judgment arising from their Content or their use of the Service.

Article 7 — Suspension and termination by the Provider

The Provider reserves the right to suspend or terminate the Service of any Customer, under the conditions below.

Immediate suspension, without notice. The Provider may immediately cut off access to a VM, in whole or in part (network, GPU, entire VM), in the following cases:

• breach of Article 6 or serious suspicion of unlawful activity;
• notice of manifestly unlawful content, under French Law No. 2004-575 of 21 June 2004 (LCEN);
• an order or decision of a judicial or administrative authority;
• a request from the hosting provider Hetzner (abuse report);
• a risk to the security, integrity or availability of the infrastructure or other customers;
• payment failure (Article 4).

The Provider informs the Customer by email as soon as possible, unless prohibited by law or where doing so could compromise an investigation.

Termination for breach. In the event of a serious or repeated breach, the Provider may terminate the Subscription automatically, by email, without notice or refund, without prejudice to any damages.

Termination without cause. The Provider may also end any Customer's Subscription without giving a reason. In that case it must give 30 days' notice by email and refund pro rata the already paid portion of the unused period. The Customer may use this notice period to retrieve their data.

Upon any report, the Provider cooperates with rights holders and competent authorities, in compliance with French law.

Article 8 — Availability and liability

The Provider is bound by a best-efforts obligation. It strives to keep the Service available 24/7, without any quantified availability guarantee (SLA). Interruptions may occur for maintenance, security updates or incidents, including at the hosting provider; planned maintenance is announced by email whenever possible.

The Customer is responsible for administering and securing their VM: passwords, SSH keys, updates of the software they install, firewall and backups.

The Provider is not liable for:

• data loss, where the backup option has not been subscribed;
• indirect damages, including loss of revenue, customers or opportunity;
• incompatibility of the Service with third-party software or services (for example Plex restrictions on hosting providers' IP addresses);
• force majeure within the meaning of Article 1218 of the French Civil Code.

For a Business Customer, the Provider's total liability is limited to the amounts paid by the Customer during the three months preceding the event giving rise to liability. These limitations do not apply to Consumers where the law prohibits them, nor in the event of gross negligence or wilful misconduct.

Article 9 — Personal data and technical logs

GOTTAPHISH is the controller of the Customer's personal data (identity, email, billing, technical data). Processing complies with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act.

Technical logs. To prevent abuse and meet legal obligations, the Provider records the DNS queries made by each VM and connection logs. These logs are kept for the period required by Article L34-1 of the French Postal and Electronic Communications Code and its implementing decree, i.e. one year for connection data. They are disclosed only to authorised authorities, upon lawful request.

VM content. The Provider does not access the content of the VM, except at the Customer's request (support), upon lawful request, or where technically essential (security incident, repair).

Processors.

• Hetzner Online GmbH (Germany): infrastructure hosting, alongside GOTTAPHISH's on-premise servers (France);
• Stripe Payments Europe Ltd. (Ireland): payment and billing.

Data is hosted in the European Union.

Retention. Account data is kept for the duration of the Subscription. Billing data is kept for 10 years (accounting obligation), and technical logs for the statutory period above.

Customer rights. The Customer has the rights of access, rectification, erasure, objection, restriction and portability, exercised at contact@linuxgpu.eu. The Customer may also lodge a complaint with the CNIL (cnil.fr) or their local data protection authority.

Article 10 — Governing law, mediation and disputes

These Terms are governed by French law. The Provider undertakes to comply with French law in performing the Service, including the Consumer Code, the LCEN and the GDPR. A Consumer residing in another Member State retains the protection of the mandatory provisions of their country of residence.

Complaints. Any complaint should first be sent to contact@linuxgpu.eu. The Provider undertakes to reply within 15 days.

Mediation (Consumers). If the complaint is unsuccessful, the Consumer may refer the matter free of charge to the consumer mediator, in accordance with Articles L612-1 et seq. of the French Consumer Code: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris, France — www.cm2c.net, online referral form. The Consumer must first have attempted to resolve the dispute through a written complaint to the Provider.

Jurisdiction. Failing an amicable settlement, any dispute with a Business Customer falls under the exclusive jurisdiction of the courts of Limoges, France. A Consumer may bring proceedings, at their choice, before the court of the place where they resided when the contract was concluded or when the harmful event occurred, or before any other competent court.

Changes to the Terms. The Provider may amend these Terms. Customers are informed by email 30 days before any substantial change takes effect and may cancel free of charge before that date.

Language. In case of translation, the French version prevails.

Article 11 — Statutory conformity guarantee (Consumers)

The Consumer benefits from the statutory conformity guarantee applicable to digital services (Articles L224-25-12 et seq. of the French Consumer Code) throughout the Subscription. In case of lack of conformity, the Consumer may have the Service brought into conformity; failing that, they may obtain a price reduction or termination of the contract, by request to contact@linuxgpu.eu.

Article 12 — Reporting illegal content and point of contact

In accordance with the LCEN and Regulation (EU) 2022/2065 (Digital Services Act), anyone may report illegal content hosted on the Service to contact@linuxgpu.eu. The report must state:

• the IP address or URL concerned;
• a description of the content and why it is illegal;
• the identity and contact details of the person reporting it;
• a statement that the information provided is accurate.

The Provider handles reports diligently and may apply the measures in Article 7. It informs the Customer concerned of the measure taken and its reasons, and the Customer may contest it at contact@linuxgpu.eu. This single point of contact serves authorities and users alike, in French or English.

Appendix — Model withdrawal form

(Complete and return this form only if the Consumer wishes to withdraw from the contract.)

To GOTTAPHISH — Linux GPU, 99 Avenue Baudin, 87000 Limoges, France — contact@linuxgpu.eu:

I hereby give notice that I withdraw from my contract for the provision of the following service:

• Service ordered: …………
• Ordered on: …………
• Name of Consumer: …………
• Address of Consumer: …………
• Signature of Consumer (only if this form is notified on paper): …………
• Date: …………