Terms and Conditions

Account Registration

To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. Choose passwords that meet the highest standards of strength permitted by this Application.

Account Termination

Users can terminate their account and stop using the Service at any time by directly contacting the Owner at the contact details provided in this document.

Account Suspension and Deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of accounts does not exempt the User from paying any applicable fees or prices.

Rights Regarding Content on This Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors. The Owner holds and reserves all intellectual property rights for any such content.

Users may not copy, download, share (beyond the limits set forth), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application.

Content Provided by Users

By providing content to this Application, Users grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Application.

Users are solely liable for any content they upload, post, share, or provide through this Application. The Owner does not filter or moderate such content.

Paid Products

Some Products provided on this Application are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described in the dedicated sections of this Application.

Purchasing Process

The purchasing process includes these steps:

1. 1. Users must choose the desired Product and verify their purchase selection
2. 2. After reviewing the information displayed, Users may place the order by submitting it
3. 3. Upon submission, Users will receive a receipt confirming that the order has been received

Methods of Payment

Information related to accepted payment methods are made available during the purchasing process. All payments are independently processed through third-party services.

This Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

Shared Hosting Refunds

Physgun offers a 3-day money-back guarantee on shared hosting services under the following conditions:

Bare Metal Server Refunds

Bare metal servers are eligible for refunds only within 24 hours of purchase, with the refund amount scaled based on any remote hands services, custom configurations, or provisioning costs incurred.

Disputes and Chargebacks

• • Initiating a payment dispute or chargeback will immediately void any eligibility for a refund
• • Accounts involved in chargebacks or disputes may be subject to termination without notice at Physgun's discretion

Refund Abuse Prevention

To ensure fairness for all customers, Physgun reserves the right to deny refunds to accounts that exhibit excessive refund requests or abuse patterns. Examples of refund abuse include, but are not limited to:

• • Frequent purchases and refund requests with no intent to use the service
• • Attempting to bypass refund limitations through repeated account creation
• • Requesting refunds under false pretenses (e.g., falsely claiming service issues)

This policy is in place to maintain fairness and prevent misuse, ensuring that our refund guarantees remain available for genuine customers.

Trial Period

Users have the option to test this Application or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions may not be available during the trial period.

The trial period shall end automatically and shall not convert into any paid Product unless the User actively purchases such paid Product.

Open-ended Subscriptions

Paid subscriptions begin on the day the payment is received by the Owner. In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner.

Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner.

Terminations shall take effect 1 day after the notice of termination has been received by the Owner.

Right of Withdrawal

Unless exceptions apply, European Consumers may be eligible to withdraw from the contract within 14 days, for any reason and without justification.

Australian Users - Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation. To the fullest extent permitted by law, our liability is limited, at the Owner's sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users - Disclaimer of Warranties

This Application is provided strictly on an "as is" and "as available" basis. Use of the Service is at Users' own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties.

The Owner does not warrant that the content is accurate, reliable or correct; that the Service will meet Users' requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.

US Users - Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

• • Any indirect, punitive, incidental, special, consequential or exemplary damages
• • Any damage, loss or injury resulting from hacking, tampering or other unauthorized access
• • Any errors, mistakes, or inaccuracies of content
• • Personal injury or property damage resulting from User access to or use of the Service
• • Any unauthorized access to or use of secure servers and/or personal information
• • Any interruption or cessation of transmission to or from the Service
• • Any bugs, viruses, trojan horses, or the like transmitted through the Service

Indemnification

The User agrees to defend, indemnify and hold the Owner harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:

• • User's use of and access to the Service
• • User's violation of these terms
• • User's violation of any third-party rights
• • User's violation of any statutory law, rule, or regulation
• • Any content submitted from User's account
• • User's wilful misconduct

No Waiver

The Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Additionally, the Service might not be available due to reasons outside the Owner's reasonable control, such as force majeure events (e.g., labor actions, infrastructural breakdowns or blackouts).

Service Reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner's express prior written permission, granted either directly or through a legitimate reselling programme.

Intellectual Property Rights

Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties.

Changes to These Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service.

Governing Law

These Terms are governed by the law of the place where the Owner is based, without regard to conflict of laws principles.

Exception for European Consumers: If the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Amicable Dispute Resolution

Users may bring any disputes to the Owner who will try to resolve them amicably. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Owner.

Contact: contact@physgun.com

Online Dispute Resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to online sale and service contracts. European Consumers can use this platform for resolving disputes stemming from contracts entered into online.

This Application

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

Coupon

Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Owner (or We)

Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users. Refers to Physgun LLC.

Product

A good or service available for purchase through this Application, such as physical goods, digital files, software, booking services, etc.

Service

The service provided by this Application as described in these Terms and on this Application.

Terms

All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements.

User (or You)

Indicates any natural person or legal entity using this Application.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or generally acts for purposes outside their trade, business, craft or profession.