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VyHub > Legal

Website Operator

Matbyte UG (haftungsbeschränkt)
Zum Kap 19
04442 Zwenkau
Germany

Registercourt (Registergericht): Amtsgericht Leipzig
Register number (Registernummer): HRB 38923
Authorized managing directors (Vertretungsberechtigte Geschäftsführer):
Franz Rodestock
VAT identification number (Umsatzsteuer-Identifikationsnummer): DE344792014

Contact

For support and product-related questions:
support (@at) vyhub.net

For business requests:
info (@at) vyhub.net

For abuse reports:
abuse (@at) vyhub.net

Terms of Service

By using this website, our products, and any services provided by us, you agree to the terms outlined below and structured as follows:

  1. General Terms
  2. VyHub Affiliate Program Terms
  3. Privacy Terms

All terms and conditions can be updated and are subject to change without prior notice.

Subscriptions and Pricing of VyHub Instances

  • VyHub instances are billed depending on the plan chosen.
  • Depending on the plan, VyHub instances are either free and come with limited features and support or we offer advanced features for a monthly cost.
  • We reserve the right to place advertisements on all VyHub instances. The advertisements might be disabled with an optional add-on.
  • All transactions made through the web store are subject to a commission fee. The commission fee depends on the total revenue you generate through our service. All payments, except sandbox payments, are included in the calculation of the total revenue. The commission fee is a single or a range of percentages depending on the total revenue you made. You can always find the current applicable fees on our pricing page.
  • We reserve the right to make special conditions regarding the amount of the commission. You are not entitled to disclose any special conditions to third parties.
  • For the payment of our services and instance, you shall provide us with accurate and complete billing information.
  • At the end of each billing cycle, we calculate the cost of the services you used and send you an invoice. All calculations made by us are final and binding to you.
  • Payment of VyHub services through the VyHub Balance:
    • We provide you with a detailed account overview of your VyHub Balance.
    • There you will find transactions and invoices.
    • You have the option to top-up your VyHub Balance manually or use the Auto-Charge.
  • Top-up manually
    • You manually have to top-up your VyHub Balance.
    • A minimum charge of 5€ applies.
  • Auto-Charge
    • The VyHub Balance is automatically settled with the payment provider you have chosen.
    • A minimum charge of 5€ applies.
    • When the auto-charge fails, you have to top-up your Balance manually.
    • You are obliged to settle the VyHub Balance at any time, even when you are not using VyHub anymore
  • Premium add-ons
    • Some features of VyHub incur an extra cost. The cost can be a one-time fee or recurring. You will find the exact pricing when buying the add-on.
    • The cost only applies, when the add-ons are explicitly activated/bought by you
    • Payments are done through VyHub balance or on a prepaid / subscription basis.
    • Recurring add-ons can be canceled at the end of the current billing period.
    • You will lose all access to the add-ons after the current billing period ends and you have canceled the add-on
  • When you have got outstanding payments and your VyHub Balance is negative for more than 7 days, we will exclude you from using our services. This duration is extended to 21 days when Auto-Charge is enabled
  • The credit on your VyHub Balance can not be paid out.
  • Fee changes are at the sole discretion of VyHub. Any change will come into effect at the end of the then-current billing cycle.
  • Billing cycles are usually one month unless stated otherwise.
  • VyHub will provide you a prior notice when the subscription model and/or the pricing is going to change.
  • Payment Methods
    • We only accept payments by using the outlined payment methods on our web page.
    • Available payment methods include but are not limited to, Stripe, PayPal, and Paysafecard.

Other Services Provided by VyHub / Matbyte

We might provide other services to you. Payment can be made through the following methods. Service-specific terms will apply.
Prepaid:

Your subscription will renew at the end of each billing cycle under the same conditions unless the service gets canceled by you or by us.

Subscription
  • VyHub services are purchased for a certain amount of time.
  • It is your discretion to renew the plan when you are willing to continue using our products.
Free Plan
  • We may offer plans with a free trial
  • After the free trial has ended, and you entered your payment information, the service will continue with the plan you have chosen.
Refunds
  • We reserve the right to suspend or cancel your plan at any time at our discretion for any reason. We are going to refund any part of the plan which extends the moment of suspension or cancellation. If you breach these terms of service, no refund will be given.
  • No refunds are given after the delivery or the use of the service has started.
  • Any refund request is an individual case-based decision.
Content
  • You are responsible for any content you post and share on our services.
  • You are forbidden to remove VyHub branding elements like logos, text, or other forms unless explicitly allowed by a written agreement by us.
  • You are responsible that the content uploaded does not infringe third-party rights by any means.
  • Do not post/share or use our services for anything which does not comply with local laws. This also includes drugs, weapons, pornography, gambling, and copyright infringements.
  • These terms also apply to the name of the instance you choose when following the checkout process.
Fair Use Policy
  • Our services fall under a fair use policy.
  • We may ask you at any time to upgrade to a higher-tier plan.
  • After contacting you for violations of the fair use policy, we may limit your access to certain features.
Availability and Provision of Services
  • We make a reasonable effort to keep the services running at all times. Technical problems may result in temporary interruptions of services.
  • We also make reasonable efforts in securing the website and our services but we cannot guarantee full security at all times
  • No interruption or malfunction of services entitles you to a refund or any other compensation.
  • Our services are provided as is.
  • Maintenance work may lead to a downtime of services. If maintenance work is required, we will announce this in advance.
Further User Obligations
  • The user shall refrain from any action which may lead to detriment of others
  • Tampering with the website, breach of others’ privacy, harassing or transmitting viruses is forbidden and can, if detected, lead to a permanent ban from using the service and the loss of all rights including the freezing of a user’s account and the associated money
Intellectual Property

All intellectual property rights and all other rights including goodwill shall vest in us. By using our services you do not obtain the right to:

  • Copy, use, reproduce, or redistribute the website, its contents, or any intellectual property without our prior written consent
  • This applies to all intellectual property such as logos, names, domain names, service marks, and other
Other Important Terms
  • We may use external links on our websites that are not controlled by us. We take no responsibility or liability for any of these services.
  • After changes to the terms of service you do not accept, you may decide to stop using our service.
  • Our websites and services shall not be used by competitors of VyHub.
  • The website and all our services are provided under German law and we do not make any representation that our website complies with any other countries’ laws.
  • We reserve the right to change the Terms of Service, Pricing, Affiliate Program Terms, or the Data Privacy at any time.
  • Should individual parts of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The summary provisions apply accordingly if the contract is transmitted as incomplete

VyHub Affiliate Program Terms

This Affiliates Program Agreement (“Agreement”) is made by and between you (“you” or “Affiliate”) and Matbyte UG, the parent company of VyHub, a Germany-based company with an address and further legal details as outlined above. This agreement sets forth the terms and conditions applicable to your participation in the “VyHub Affiliate Program” according to which you may earn performance-based compensation through approved promotional methods that display or direct users to participating websites and that result in qualifying transactions (as defined below). By using the affiliate program, you accept the terms of this agreement, and you agree to be bound by the terms and conditions of this Agreement, our privacy notes, and the applicable program details. For the use of the affiliate program, you need to register an account with us. We will then provide you with your personal referral link.

Qualifying Transactions
  • The percentage is twenty-five (25) of payments made to Matbyte by the new customer who used your link to sign up.
  • Earnings caps apply per month of billing and are defined at twenty thousand (20 000) euros, and you will only be rewarded once for each qualifying transaction.
  • Note that there are certain items for which Matbyte earns low or no revenue; in such cases, you will therefore earn low or no revenue share. These items and categories may include but are not limited to gift cards, items sold by charities, and special promotional deals.
  • You may only be paid once for each qualifying transaction for purchase; no duplicate payments will be made under the VyHub Affiliate Program.
Payout and Taxes

After a qualifying transaction occurred, Matbyte will credit your account with the percentage as outlined above and according to the following steps:

  • After a transaction has been done, VyHub will show you a pending balance in your account until the transaction is ultimately confirmed and fully processed.
  • Subsequently, the transaction value is credited to your account and shown in your total balance
  • This process may take up to four weeks after we have received the payment from the user
  • The number or amount of transactions, credits for payments, and debits for chargebacks as calculated by Matbyte shall be final and binding to you.
Payouts
  • All payouts are done in Euro €.
  • You can collect payments with a European IBAN or a verified PayPal account.
  • Payouts can also be done to your VyHub Balance to be used for our services.
  • A payout is only possible for amounts higher than five (5) Euros.
  • You will bear all transaction costs.
Taxes

You are responsible for any taxes that may be due in connection with your participation in the VyHub Affiliate Program or otherwise on the services provided by you. Matbyte does not pay additional compensation to you for taxes. If the withholding of any tax is required in respect of any payment to you, Matbyte will

  • Withhold the applicable amount from such payment.
  • Pay the such amount to the relevant authorities in accordance with any Applicable Law in the relevant jurisdiction(s).

Upon request from you, Matbyte will provide a copy of the tax receipt documenting payment of the tax to the relevant authorities. You agree to complete and provide to us or the applicable taxing authority at least 10 days before the payment due date, such forms, certifications, or other documents as may be reasonably requested by Matbyte, to reduce or exempt withholding taxes with respect to payments made to you when and where required by Applicable Law. If it is later determined that VyHub should have withheld and/or paid additional tax but did not withhold or pay such tax, then you shall pay the applicable tax and hold Matbyte harmless from any penalties or interest thereon.

Further Terms

Notwithstanding anything to the contrary herein, VyHub shall have no duty to pay you for qualifying transactions during any current or previous month when you were in breach of this Agreement or an agreement covering your participation in the VyHub Affiliate Program in its sole discretion, has reason to believe that you or your Agent(s) have breached this Agreement or have engaged in potentially fraudulent activities. Matbyte may debit your account in an amount equal to a payment previously made to you or compensation that has been credited to your account but has not been paid yet if Matbyte determines in its sole discretion that there has been

  • Duplicate entry or other clear error
  • Non-bona fide transactions or other fraudulent activity;
  • A breach of, or other failures to complete or reverse a qualifying transaction
  • failure to comply with any terms of this Agreement.

VyHub may apply a chargeback to your account at any time, including previous payment cycles.

Privacy

Data access and hosting

You can visit our website without giving any personal information. Each time a website is called up, the web server only automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of the call, the amount of data transferred and the requesting provider (access data) and documents the call.

Hetzner

We host our website at Hetzner. The provider is Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen (hereinafter: Hetzner).
Details can be found in Hetzner’s data protection declaration

Cloudflare

We use Cloudflare to distribute our services and protect them from malicious use and attacks. The provider is Cloudflare, Inc. 101 Townsend St, San Francisco, CA 94107 USA
Details can be found in Cloudflare’s data protection declaration

Bunny CDN

We use Bunny CDN to distribute our services and protect them from malicious use and attacks. The provider is BunnyWay d.o.o., Cesta komandanta Staneta 4A, 1215 Medvode, Slovenia
Details can be found in Bunny’s data protection declaration

SendInBlue

We use SendInBlue to manage our Newsletter. The provider is Sendinblue GmbH. Köpenicker Straße 126. 10179 Berlin, Germany. Details can be found in SendInBlue’s data protection declaration.

Order Data Processing

We have concluded a contract on order processing (AVV) with Hetzner, Cloudflare, BunnyCDN, and SendInBlue.
This is a contract required under data protection law, which ensures that the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

Data Collection and Use for Contract Processing

We collect personal data if you provide it to us as part of your order or when you contact us (e.g. using the contact form or email). Mandatory fields are marked as such because in these cases we need the data to process the contract or to process your contact and you cannot complete the order or send the contact without specifying them. Which data is collected can be seen from the respective input forms. We use the data you provide in accordance with Art. 6 Para. 1

Payments

During a payment process, we might pass your billing information such as IP and email address to payment providers like Stripe, PayPal, or Paysafecard. These payment providers will take care of secure payment processing on our behalf.

Storage Period

Unless a more specific storage period has been specified within this privacy policy, your personal data will remain with us until the purpose for the data processing ceases to apply. If you assert a legitimate request for deletion or revoke consent for data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax law or commercial law); in the latter case, the deletion will take place after these reasons have ceased to exist.

Registration

You need to register with us to use our products. We save personal login details (e.g. email, password) within the registration process.

Newsletter

If you register for our newsletter, we will use the data required for this or separately provided by you in order to regularly send you our e-mail newsletter based on your consent in accordance with Art. 6 Para. 1
Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to our contact mail or via a link provided in the newsletter.

Cookies

In order to make visiting our website attractive and to enable the use of certain functions, to display suitable products, or for market research, we use so-called cookies on various pages. This serves to safeguard our predominantly legitimate interests in an optimized presentation of our offer in accordance with Art. 6 Para. 1 S. 1 lit. Cookies are small text files that are automatically saved on your device. Some of the cookies we use are deleted again at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain.

Google Analytics

Use of Google (Universal) Analytics for web analysis If you have given your consent to this in accordance with Article 6 Paragraph 1 Clause 1 lit. a GDPR (in this case: cookie banner), this website uses Google (Universal) Analytics, a web analysis service provided by Google LLC (www.google.de), for website analysis. Google (Universal) Analytics uses methods that analyze your website authorization, such as cookies. The authorized persons who receive information about your authorization for this website are usually taken to a Google server in the USA.

Google reCAPTCHA

We are using Google reCaptcha to protect various types of data processing abuse attempts (e.g. pishing). reCAPTCHA analyzes various information about the visitors (e.g. IP address, mouse movements). Data is transferred to Google to determine, whether a user is a human being or a bot. The data processing is based on Article 6 Paragraph 1 Clause 1 lit. f GDPR. The website operator has a legitimate interest in protecting its web offers and third parties against abuse.

Usage Statistics

We gather anonymized statistics from all Vyhub instances for internal use.
Data may include but is not solely limited to Player Statistics, Usage Statistics, Revenue Statistics

SSL or TLS Encryption

This site uses SSL or TLS encryption to protect the transmission of confidential content, such as login data, order, or payment information.
If the SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties

Contact and Your Rights

As a data subject, you have the following rights:
In accordance with Art. 15 GDPR, you have the right to request information about your personal data processed by us to the extent specified therein.
In accordance with Art. 16 GDPR, you have the right to immediately request the correction of incorrect personal data or the completion of your personal data stored by us.
In accordance with Art. 17 GDPR, you have the right to request the deletion of your personal data stored by us, unless further processing
In accordance with Art. 18 GDPR, you have the right to request the restriction of the processing of your personal data. For this purpose you can contact us at any time.
In accordance with Art. 20 GDPR, you have the right for data portability. You have the right to have the data processed by us handed over to you or a third party in a common machine-readable format. If you request the direct transfer of the data to another person responsible this will only take place insofar as it is technically feasible.
For consent or objection to a specific use of data, please contact us directly using the contact details in our imprint.

Photo Credits

Icons made by https://www.flaticon.com/authors/monkik from https://www.flaticon.com/
Icons made by https://www.freepik.com from https://www.flaticon.com/

This Agreement was published on the VyHub website on April 02, 2023