Terms of Service

1. The agreement

These Terms of Service (the "Terms") form a binding agreement between WipZen SAS, a société par actions simplifiée registered under SIREN 487897894 on the RCS of Toulon, of Les Maurels Bât. I1, Rond-Point des Commandos d’Afrique, 83400 Hyères, France ("WipZen", "we", "us"), and the individual or entity subscribing to the Service ("you", "Customer").

You accept these Terms by creating an account, subscribing to a plan or using the Service. If you are accepting on behalf of an organisation, you confirm that you are authorised to bind it.

Our Privacy Policy and any Data Processing Agreement executed between us form part of this agreement. If those documents conflict with these Terms on a data protection question, they prevail.

2. Definitions

Service

The WipZen DDoS mitigation and anycast routing platform, the dashboard, the API and all supporting documentation.

Network

One protected backend group — a set of Origin servers behind a single routing configuration. Your plan caps how many you may run.

Origin

A server of yours that receives traffic forwarded by the Service.

Domain

A hostname you have configured and verified for routing through the Service.

Metered Traffic

Legitimate traffic forwarded to or from your Origin. Traffic dropped at the edge during mitigation is not Metered Traffic.

Emergency

An incident in which a protected Network is unavailable or materially degraded. Configuration questions, billing questions and feature requests are not Emergencies.

Sub-account

An additional login you create under your account, with permissions you assign.

3. Accounts and eligibility

You must be at least 16 years old to hold an account, or be an adult acting for an organisation. Accounts must be registered with accurate details and an email address you actually monitor — we use it for security notices and mitigation alerts.

You are responsible for everything done under your account and your Sub-accounts, including by people you granted access to. Sub-accounts are available on Premium and Enterprise plans up to the limit stated for the plan; they are for members of your own team, and sharing them with third parties is a breach of section 5.

Two-factor authentication is available on every plan and we strongly recommend it. Where an account without 2FA is compromised through no fault of ours, section 13 applies.

Tell us immediately at [email protected] if you suspect unauthorised access.

4. Plans, billing and tax

4.1 Plans

The Service is offered on the Pro, Premium and Enterprise plans described on our pricing page, which is incorporated into these Terms. Each plan's limits — bandwidth, Networks, Domains, CIDR entries, Sub-accounts and support times — are binding terms of this agreement, not marketing copy.

4.2 Billing cycle

Plans are billed monthly in advance and renew automatically until cancelled. Prices are stated in US dollars and exclude VAT.

4.3 Tax

As a French company we charge VAT (TVA) in accordance with EU rules. Consumers in the EU are charged VAT at the rate of their member state under the One-Stop-Shop scheme. Business customers in another EU member state who supply a valid VAT identification number are invoiced under the reverse charge mechanism. Customers outside the EU are not charged EU VAT and are responsible for any tax due where they are.

Supplying an invalid VAT number makes you liable for any tax and penalties that result.

4.4 Upgrades, downgrades and cancellation

• Upgrades take effect immediately and are charged prorated to the day, so you can upgrade during an ongoing attack.
• Downgrades take effect at the start of the next billing period. If your configuration exceeds the lower plan's limits, you must reduce it before the change or we will disable the excess.
• Cancellation can be done at any time from the dashboard. The Service continues until the end of the period you have paid for.

4.5 Refunds

Fees are non-refundable except where required by law or where we have materially failed to provide the Service and could not remedy it. Where we terminate for your breach under section 9, no refund is due.

EU consumers. If you are a consumer in the EU you normally have 14 days to withdraw from a distance contract. By subscribing and asking us to start immediately, you request that performance begin within that period and acknowledge that you lose the right of withdrawal once the Service is fully performed, and that otherwise you owe an amount proportionate to what was supplied before you withdrew.

4.6 Failed payment

If a payment fails we retry and email you. If it remains unpaid 7 days after the due date we may suspend the Service; after 30 days we may terminate the account and delete its configuration.

5. Acceptable use

You must not use the Service to:

• launch, assist, commission or test an attack against anyone — including denial-of-service attacks, stress testing of infrastructure you do not own, and operating a booter or stresser service;
• route traffic for a Domain or Origin you do not own or control, or that you are not authorised in writing to route;
• host or proxy content that is unlawful under French or EU law, including child sexual abuse material, content inciting violence or terrorism, and material infringing someone else's intellectual property;
• distribute malware, operate a command-and-control channel, or run phishing infrastructure;
• conceal the origin of traffic in order to evade a lawful block, sanction or court order;
• scan, probe or attempt to breach our infrastructure, or circumvent plan limits, rate limits or billing;
• resell, sublicense or otherwise make the Service available to third parties as a service of your own, except under an Enterprise plan with our written agreement; or
• interfere with the Service's operation or with other customers' use of it.

We do not monitor the content of your traffic proactively, and section 11 and our Privacy Policy limit what we look at. We do act on credible reports and on our own network telemetry.

Breach of the first two bullets above results in immediate termination without refund, and we will report the account to the relevant authorities where the law requires it. Report abuse to [email protected].

6. Fair use of "unlimited"

Premium and Enterprise plans include unlimited bandwidth. That means we do not meter, cap or surcharge your Metered Traffic, and it means attack traffic never counts against you on any plan, including Pro.

It does not mean the following, and we will ask you to move or upgrade if:

• the Service is used primarily as a content delivery network, file mirror, streaming origin or backup transport rather than for game traffic;
• a single Network's sustained throughput materially exceeds what game traffic of that size would plausibly generate; or
• usage patterns indicate the plan's Network or Domain limits are being circumvented.

If we believe fair use is exceeded, we will contact you and give you at least 14 days to discuss it before taking any action. We will not throttle or suspend an account for fair use without that conversation first, and never during an active mitigation.

Pro plans include 5.0 TB of Metered Traffic monthly. We email you at 80% and 95% of the allowance. Exceeding it does not trigger an automatic charge — we will contact you about upgrading.

7. Service levels and support

7.1 Availability

We target 99.9% monthly availability of the mitigation edge. Availability excludes: scheduled maintenance announced at least 48 hours in advance; unavailability of your own Origin; misconfiguration by you; failures of your DNS provider or hosting provider; and events under section 17.4.

Where we fall below the target in a calendar month, your remedy on request is a service credit of 10% of that month's fee for each full 0.1% below target, capped at 50% of the monthly fee. Credits are applied to future invoices, are the sole remedy for missed availability, and must be requested within 30 days of the month concerned.

7.2 Support response times

These times are commitments to respond, not to resolve, and they are measured from receipt of a complete request.

The emergency line is for Emergencies as defined in section 2. Repeatedly using it for non-emergencies may result in it being restricted, after a warning.

7.3 What we do not promise

We do not guarantee that every attack will be mitigated without any impact. Attack techniques change, and an attack may exceed the capacity of a particular location or exploit a weakness in your own configuration. What we commit to is the capacity, the response times and the availability target above — not a mathematical certainty of protection.

8. Your responsibilities

The Service only works if you hold up your side. You must:

• keep your Origin addresses confidential and not publish them in DNS records, server lists, status pages, screenshots or Discord;
• firewall each Origin to accept traffic only from our published ranges. Failing to do this is the single most common reason a protected server still goes down, and we are not liable for attacks that reach an Origin you left open;
• keep DNS records pointing at the edge addresses we issue, and update them when we tell you a range is changing;
• configure proxy protocol correctly if your plugins need real player IPs;
• hold all rights necessary for the Domains and Origins you configure; and
• keep your billing and contact details current.

9. Suspension and termination

9.1 By you

Cancel at any time from the dashboard, as described in section 4.4.

9.2 By us

We may suspend or terminate where:

• you breach section 5;
• payment remains outstanding as described in section 4.6;
• your use presents an immediate risk to our network or to other customers; or
• we are required to by law or by a competent authority.

Except where a breach of section 5 or a legal requirement makes it impossible, we give you notice and a reasonable chance to fix the problem before suspending. We will not use suspension as a debt-collection tactic during an active attack on your Network.

9.3 After termination

Access ends and traffic stops being routed. Configuration data is retained for 30 days so the account can be restored, then deleted. Invoices are kept for 10 years as Article L123-22 of the French Code de commerce requires. Sections 10, 12, 13, 14 and 16 survive termination.

10. Intellectual property

The Service, its software, its documentation and the WipZen name and logo remain ours. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription, and nothing more.

Your content, your Domains and your configuration remain yours. You grant us only the licence needed to operate the Service for you — to route, filter and forward your traffic and to store your configuration.

Feedback you send us may be used freely and without obligation. If you would rather that were not so, please say so when you send it.

11. Data protection

Our handling of personal data is described in the Privacy Policy. In summary: for end-user connection data we act as your processor under Article 28 GDPR and you are the controller; for your own account, billing and support data we are the controller; and for protecting our own network we are also a controller, relying on legitimate interests.

A Data Processing Agreement incorporating the Standard Contractual Clauses is available at [email protected] at no charge. As controller, you are responsible for informing your own players that their connections pass through a mitigation provider.

12. Disclaimers

Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Service is provided "as is" and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

We specifically do not warrant that:

• the Service will be uninterrupted or error-free;
• every attack will be mitigated without impact on your players;
• latency will improve, or remain within any particular figure; or
• the Service will protect an Origin you have not firewalled as section 8 requires.

Nothing in these Terms limits your statutory rights as a consumer. If you are a consumer in the EU, the mandatory protections of your country's law apply regardless of anything said here.

13. Limitation of liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that:

• neither party is liable for indirect or consequential loss, or for loss of profits, revenue, goodwill, players, anticipated savings or data, however caused; and
• our total aggregate liability arising out of or in connection with this agreement in any 12-month period is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

We are not liable for loss caused by your failure to firewall an Origin, by publication of your Origin addresses, by your DNS or hosting provider, or by attacks that bypass the Service because it was not in the path.

14. Indemnification

You will indemnify us against claims, damages and reasonable legal costs arising from your breach of these Terms, from content you routed through the Service, or from your infringement of a third party's rights.

We will tell you promptly of any such claim, let you control the defence where you confirm the indemnity applies, and cooperate reasonably at your expense. This clause does not apply to consumers.

15. Changes

We may change these Terms. For material changes we give at least 30 days' notice by email and by notice in the dashboard. If you do not accept a change, you may cancel before it takes effect and we will refund any unused prepaid portion of the current period.

We may change plan features and prices with 30 days' notice. Price increases never apply to a period you have already paid for. Changes required urgently for legal or security reasons may take effect sooner, and we will explain why.

16. Governing law and disputes

These Terms are governed by French law, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.

Please write to [email protected] first. Most disputes are resolved that way, and we would rather fix a problem than argue about it.

Failing that, disputes with business customers are subject to the exclusive jurisdiction of the Tribunal de commerce of Toulon, France.

WipZen sells to the operators of game servers and networks, so this is a business-to-business service. If you nonetheless contract with us as a consumer, nothing above removes your right to bring proceedings in the courts of your country of residence, or to rely on the mandatory consumer-protection rules of your own country’s law.

17. General

17.1 Entire agreement

These Terms, the pricing page, the Privacy Policy and any executed Data Processing Agreement are the whole agreement between us and replace anything said beforehand.

17.2 Severability

If a provision is held unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed. The rest continues in force.

17.3 Assignment

You may not assign this agreement without our written consent. We may assign it to a successor in a merger or acquisition, on notice to you.

17.4 Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, war, terrorism, sustained failure of multiple upstream carriers, government action, or attacks whose scale exceeds the total capacity of the global internet routes serving a location.

17.5 No waiver

Not enforcing a provision on one occasion does not waive it.

17.6 Notices

Notices to you go to the email on your account. Notices to us go to [email protected] and, where formal service is required, to our registered office.

17.7 Language

These Terms are drawn up in English. A translation is for convenience only, and the English text governs.

18. Contact

Legal and contractual

[email protected]

Abuse reports

[email protected]

Support and billing

[email protected]

Privacy and data protection

[email protected]

Registered office

WipZen SAS, Les Maurels Bât. I1, Rond-Point des Commandos d’Afrique, 83400 Hyères, France — SIREN 487897894, RCS Toulon, VAT FR69487897894

See also our Privacy Policy and the plan details incorporated into section 4.