TERMS OF SERVICE HarbourNode is an independent game-server hosting service operated from Hong Kong ("we", "us", "our"). These Terms of Service ("Terms") are the agreement between you and the operator of HarbourNode that governs your use of the HarbourNode platform, dashboard, APIs and game-server hosting services (together, the "Service"). Questions: [email protected] · Version 3.1.1, effective 2026-07-29 Please read these Terms before using the Service. They include limits on our liability, your responsibilities for what you host, and how billing and refunds work. 1. ACCEPTING THESE TERMS 1.1 By creating an account, ticking the acceptance box, or using any part of the Service, you confirm that you have read and agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Service. 1.2 You must be at least eighteen (18) years old and able to enter into a binding contract under Hong Kong law. If you are under eighteen (18), you must not use the Service. 1.3 The Service is aimed at users in Hong Kong. If you use it from elsewhere, you are responsible for complying with your local laws. 1.4 Please keep one account per person. We may merge or close duplicate accounts. Provide accurate registration details and keep them up to date. 1.5 You are responsible for keeping your password, passkeys and other credentials safe, and for everything that happens under your account. Tell us at [email protected] straight away if you suspect your account has been compromised. 1.6 We may decline registration or close an account where we reasonably suspect fraud, abuse, a breach of these Terms, or where the law requires it. 2. SERVICE DESCRIPTION 2.1 The Service lets you buy, deploy, configure and manage dedicated game-server instances ("servers" or "instances") on our infrastructure. The resources, supported games and prices for each plan are shown on the platform. 2.2 We aim for the Service to be available around the clock, with a non-binding target of 99.9% monthly availability at our Hong Kong network edge. This is a goal, not a guarantee, and no service-level agreement applies unless we have separately agreed one with you in writing. 2.3 The Service is built on third-party software and services we do not control — including third-party server orchestration tooling, Stripe Payments Asia, Limited for card payments, Twitch Interactive, Inc. for optional account linking, and upstream connectivity and content-delivery providers. We are not responsible for outages or faults caused by those third parties, except where the law does not allow us to exclude that responsibility. 2.4 Game publishers license their own software. We do not claim any game publisher has endorsed the Service. You are responsible for complying with the end-user licence agreements and server-hosting rules of the games you host, and for any game keys or tokens they require. 2.5 We may add, change or remove features, games, regions or plans. If a change materially reduces something you have already paid for, we will give you at least fourteen (14) days' notice where practicable and credit or refund the unused portion of anything prepaid, pro rata. 3. CHARGES, BILLING AND PAYMENT 3.1 Currency. All prices are quoted and charged in Hong Kong dollars (HKD) only. Any currency conversion by your card issuer is between you and them. 3.2 Hourly billing and the wallet. Servers are billed hourly against your prepaid wallet balance, from the time a server is provisioned until it is deleted. Any part of an hour counts as a full hour. Keep enough balance in your wallet to cover your servers. 3.3 Running out of balance. If your wallet cannot cover an hourly charge, your server may be suspended immediately. If it remains unpaid for five (5) days, the server — including its files and backups — may be permanently deleted. Suspension or deletion does not cancel amounts you already owe. 3.4 Auto-top-up. If you enable auto-top-up, you authorise us to charge your saved payment method at the threshold and amount you configure. You can turn it off at any time in the dashboard. 3.5 Monthly subscriptions. Where we offer monthly plans, they renew automatically each cycle using your saved payment method until you cancel renewal from the dashboard. Subscription fees are charged in advance. We will give you at least fourteen (14) days' notice before any price increase takes effect at renewal. 3.6 Payment methods. We accept the payment methods shown at checkout, which may include cards, FPS, PayMe and Octopus. Card payments are processed by Stripe Payments Asia, Limited; we never store full card numbers. 3.7 Taxes. Prices include any taxes we are required to collect under Hong Kong law. Taxes imposed by other jurisdictions are your responsibility. 3.8 Records and invoices. Billing records are available in your dashboard and retained for at least seven (7) years to meet Hong Kong tax record-keeping requirements (Inland Revenue Ordinance, Cap. 112). 3.9 Disputed charges. If you think a charge is wrong, tell us in writing within thirty (30) days of the charge and we will look into it in good faith and correct any error. 3.10 Price changes. We may change prices from time to time. Price increases take effect no earlier than fourteen (14) days after we notify you, and never retroactively. 4. REFUNDS AND CANCELLATION 4.1 Refund eligibility. You may request a refund for a paid server order within forty-eight (48) hours of purchase if the server linked to that order has accumulated less than four (4) hours of usage. An approved refund is returned to the original payment method. Refunds for a local payment method remain pending until we verify evidence that the provider-side transfer was completed. 4.2 Hourly charges and wallet credits. When we refund an hourly prepaid order, the wallet credit or other entitlement created by that order is reversed and the linked server may be deprovisioned. Consumed hourly charges and remaining wallet balances are otherwise not redeemable for cash, except where Hong Kong law requires it or we agree at our discretion. 4.3 Promotional credits. Promotional, referral and goodwill credits are non-refundable, may expire, and may be reversed if they were obtained through self-referral, duplicate accounts or other abuse. 4.4 Outage credits. If your server is unavailable for more than four (4) consecutive hours solely because of our infrastructure (excluding maintenance, force majeure, third-party failures and problems caused by your configuration), we will credit your wallet pro rata for the affected period on request made within thirty (30) days. Service credits are the only remedy for unavailability, except where the law says otherwise. 4.5 Cancellation. You can delete an hourly server at any time from the dashboard; deletion stops future hourly charges after any started partial hour is settled. If monthly plans are offered, the applicable renewal and cancellation controls will be disclosed with that plan. 4.6 Chargebacks. Please contact us to sort out billing problems before going to your card issuer. A bad-faith chargeback of an amount you genuinely owe is a material breach of these Terms and may lead to suspension and recovery of the amount and related fees. 4.7 Other than as set out in this section, payments are final. 5. ACCEPTABLE USE POLICY 5.1 You must not, and must not let anyone using your account or server: (a) break any applicable law of Hong Kong or any other jurisdiction; (b) host or share content that is unlawful, defamatory, hateful, harassing, or that infringes intellectual-property or privacy rights — including pirated games, cracked software or unlicensed content; (c) host, create or share child sexual abuse material, terrorist content, content inciting violence, or material promoting self-harm; (d) harass, threaten, defraud, stalk, dox or impersonate anyone; (e) run malware, ransomware, phishing pages, botnet command-and-control, cryptocurrency mining (or any proof-of-work load a supported game does not need), unauthorised proxy or VPN exit nodes, or launch denial-of-service or other attacks; (f) try to access, disrupt or interfere with our systems, other customers' servers, or anyone else's systems without permission, or probe or scan for vulnerabilities without our written consent; (g) bypass or interfere with security features, resource limits, rate limits or audit logging; (h) resell or white-label the Service without our written consent; (i) knowingly breach the end-user licence agreement or terms of service of a game you host; or (j) use the Service in a way that, in our reasonable judgement, puts undue load on our infrastructure or harms other customers. 5.2 We may throttle, suspend or remove any server or account we reasonably believe breaches this policy, to protect the platform, other customers or the public. Where time permits, we will notify you and give you a chance to fix the problem. 5.3 We comply with lawful requests from Hong Kong law-enforcement and regulatory authorities, and may disclose account information or content where the law compels us to. 5.4 Reporting abuse and copyright complaints. To report a suspected violation, or to ask for infringing material to be taken down, email [email protected] with a description, the affected resource (server, IP, hostname or URL) and supporting evidence. We will acknowledge and investigate each report, and may remove or disable access to material that appears to infringe, notifying the customer concerned. We may share the substance of a report with the party concerned, hiding your identity where reasonably practicable. 6. CUSTOMER CONTENT AND INTELLECTUAL PROPERTY 6.1 Your content stays yours. You keep all rights to the data, files, world saves, configurations, mods and other material you upload or generate on the Service ("Content"). We claim no ownership. 6.2 So that we can run the Service, you grant us a non-exclusive, royalty-free licence to host, store, transmit, copy, back up, display and process your Content — only as needed to provide, secure and improve the Service, to back up and restore data, to investigate fraud, abuse or security incidents, and to comply with the law. 6.3 You promise that you have the rights you need to your Content and that it does not infringe anyone's rights or break any law. 6.4 Player data. If your players generate personal data on your server, you are responsible for it and for complying with applicable data-protection law — see our Privacy Policy. 6.5 Our platform — its software, design, branding and the HarbourNode name — belongs to us or our licensors. These Terms do not transfer any of it to you. 6.6 If you send us feedback or suggestions, we may use them freely without obligation to you. 7. SUSPENSION AND TERMINATION 7.1 We may suspend a server or account, with notice where practicable, if: (a) we reasonably believe it is necessary to protect the platform, other customers or the public; (b) you materially breach these Terms (including the Acceptable Use Policy); (c) your wallet cannot cover charges or a payment has failed; (d) the law requires it; or (e) a third-party service the Service depends on is unavailable. 7.2 We may terminate your account with immediate effect by written notice (email counts) if: (a) you materially breach these Terms and do not fix it within seven (7) days of being told (where it can be fixed); (b) your breach of the Acceptable Use Policy is serious or repeated; (c) your account is more than thirty (30) days overdue; or (d) the law requires it. 7.3 You may close your account at any time from the dashboard. Closing your account does not entitle you to a refund except as set out in section 4. 7.4 If we discontinue the Service or a plan entirely, we will give you at least thirty (30) days' notice and refund any unused prepaid amount pro rata. 7.5 Your data after deprovisioning. When a server is deleted — by you, for non-payment, or on account closure — its files may be deleted immediately. Export anything you want to keep first. Any residual copies in our backup rotation are purged within thirty (30) days. Billing records, audit logs and other records we must keep (see the Privacy Policy) are retained for their stated periods. 7.6 On termination, anything you still owe becomes payable, and the sections of these Terms that by their nature should survive (including content licences for residual backups, payment obligations, liability limits and dispute resolution) survive. 8. MAINTENANCE AND YOUR RESPONSIBILITIES 8.1 We may perform scheduled maintenance (with advance notice where practicable) and emergency maintenance (with or without notice) to keep the platform healthy. 8.2 You are responsible for your server's configuration, mods, plugins, backup strategy and the behaviour of your players. We are not responsible for downtime or data loss caused by your configuration, your mods or your users. 9. WARRANTIES AND DISCLAIMERS 9.1 We promise to provide the Service with reasonable skill and care. Beyond that, to the maximum extent the law allows, the Service is provided "as is" and "as available", and all other warranties — express or implied — are excluded. We do not promise the Service will be uninterrupted or error-free. 9.2 Nothing in these Terms takes away rights that cannot lawfully be excluded under Hong Kong law, including any that apply under the Sale of Goods Ordinance (Cap. 26), the Supply of Services (Implied Terms) Ordinance (Cap. 457) or the Control of Exemption Clauses Ordinance (Cap. 71). 10. LIMITATION OF LIABILITY 10.1 Neither of us is liable to the other for loss of profits, revenue, business, goodwill or data, or for any indirect, special, incidental, consequential, punitive or exemplary loss — however it arises, even if advised of the possibility. The only remedy for data unavailability or loss connected with an outage is the service credit in clause 4.4. 10.2 Our total aggregate liability to you in connection with the Service is capped at the greater of (a) the amount you paid us in the twelve (12) months before the first event giving rise to the claim, and (b) HKD 5,000. This is a single aggregate cap across all claims, not a per-incident cap. 10.3 Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else Hong Kong law does not allow to be limited. 10.4 You agree these limits are reasonable given the nature and price of the Service — we could not offer it at these prices without them. 11. YOUR INDEMNITY 11.1 You will cover us — and anyone who helps us operate the Service — against claims, losses and reasonable costs (including reasonable legal fees) arising from your Content, your breach of these Terms or the Acceptable Use Policy, your operation of any server, or claims brought by your players or other third parties in connection with your server. We will notify you promptly of any such claim and cooperate reasonably. 12. FORCE MAJEURE 12.1 Neither of us is liable for failure or delay (other than payment obligations) caused by events beyond reasonable control — including typhoons and black rainstorms, fire, flood, war, government action, pandemics, labour disputes, internet or telecommunications failures, undersea cable damage and large-scale attacks. If such an event continues for more than thirty (30) days, either of us may terminate the affected plan by written notice. 13. GOVERNING LAW AND DISPUTE RESOLUTION 13.1 These Terms, and any dispute arising out of them, are governed by the laws of the Hong Kong Special Administrative Region. 13.2 If something goes wrong, talk to us first at [email protected] — most problems can be fixed quickly and informally. 13.3 If we cannot resolve a dispute informally, both parties may agree to refer it to mediation or to arbitration in Hong Kong administered by the Hong Kong International Arbitration Centre ("HKIAC") under its rules. Otherwise, the courts of Hong Kong — including, for eligible claims, the Small Claims Tribunal — have jurisdiction. 14. CHANGES TO THESE TERMS 14.1 We may update these Terms from time to time. For material changes we will give at least fourteen (14) days' notice by email or a prominent notice on the platform, and may ask you to re-acknowledge them on your next login. If you do not agree to a change, stop using the Service and close your account; continuing to use the Service after a change takes effect means you accept it. 15. GENERAL 15.1 Notices. Send notices to us at [email protected]; they are treated as received the next business day. We send notices to your registered email address; they are treated as received twenty-four (24) hours after sending unless they bounce. 15.2 These Terms, together with the Privacy Policy, are the entire agreement between us about the Service. 15.3 If part of these Terms is found invalid, the rest still applies. 15.4 Not enforcing a right is not a waiver of it. 15.5 You may not transfer your account or these Terms without our consent. We may transfer our rights and obligations to a successor operator (for example if the Service is incorporated into, or acquired by, a company), with notice to you. 15.6 Electronic acceptance. Accepting these Terms electronically (click-through or tick-box) is valid and binding under the Electronic Transactions Ordinance (Cap. 553) of Hong Kong. 15.7 Language. These Terms are published in English (en-GB) and Traditional Chinese (zh-HK). If the two versions differ, the English version prevails for legal interpretation. 16. CONTACT Questions, complaints or notices about these Terms: [email protected]