General Terms and Conditions

1. Subject matter of the service

For now, services ordered online are reserved for customers resident or established in Switzerland. We do not offer our services to customers resident or established in other countries: an order placed from outside Switzerland may be cancelled, with a full refund of the amount paid.

These general terms and conditions (the «Terms») govern the contractual relationship between OtakuWorld.ch Sagl, which operates the Nymora brand («Nymora», «we», «us»), and the customer who activates one of the services described below (the «customer», «you»). By activating a service or confirming an order you accept these Terms in full. If a quotation or a specific contract contains different provisions, those provisions prevail for the matter they cover; for everything else these Terms apply.

Nymora provides hosting and web presence services for businesses, self-employed professionals and agencies established or operating in Switzerland. These Terms cover five services:

• Registration and management of domain names (e.g. .ch, .com, .io and other extensions in our price list).
• Shared web hosting on European infrastructure (data centre in France, GDPR).
• Cloud VPS (virtual servers, self-managed or managed).
• Turnkey managed websites, including landing pages.
• Managed e-commerce, with payments and shipping for the Swiss market.

The specific features and limits of each plan (storage, resources, number of sites, support hours) are those stated on the relevant product page at the time of activation. Any custom services are governed by a dedicated quotation, which supplements these Terms without replacing them.

VPS resources: what is yours and what is shared. VPS are containers running on physical servers shared with other customers. The resources stated in the plan are the limits of your VPS:

• Memory (RAM): the plan's RAM is the maximum your VPS can use. It is not memory reserved exclusively for you: the server's memory is shared, and the sum of the limits assigned to the VPS may exceed the server's physical memory (overcommit).
• Processor (CPU): the plan's vCPUs are shares of computing capacity shared among the VPS on the same server, not processors reserved exclusively for you. They are designed for variable workloads: if you need 100% of the CPU on a continuous basis, we will point you to the appropriate plan.
• Disk space: the space stated in the plan is the limit of your VPS. The server's physical storage is shared: we monitor it and expand it before it runs out.

Automatic and temporary limits. To protect all customers on the same server, the system may automatically apply the following limits:

• Memory pressure: if the server's free memory falls below a safety threshold, the system slows down the VPS using the most memory at that moment, temporarily limiting its RAM. The VPS remains running. The limit is lifted automatically when the pressure ends. We receive an alert and check the situation.
• Memory exhaustion: if, in an extreme case, the server runs out of memory, the system first terminates some of the processes running in customers' VPS in order to keep the server running. This may interrupt an application or service in your VPS: we recommend that you configure automatic restart of important services. This event does not generate an automatic alert to the customer: if you notice an interruption, write to us and we will check what happened.
• Sustained CPU usage: if your VPS stays above 80% of its CPU capacity for 30 minutes, the system limits its CPU to 50% of the plan's vCPUs for 60 minutes; the limit is then lifted automatically. We receive an alert and inform you by ticket or e-mail.

These limits are neither a suspension nor a penalty and do not presuppose any breach on your part: they serve to maintain a balance among the customers on the same server. They may slow down your VPS and, as long as the VPS remains running and reachable, they do not count as unavailability for the purposes of the SLA (clause 7). They depend on how we size and manage the servers: we do not treat them as causes outside our control for the purposes of clause 13. If your workload consistently requires more resources, the right plan is a larger one: write to us and we will help you choose.

If the limits become frequent. We size the servers so that these events remain exceptional and brief. Limitations due to us are those caused by pressure on the server's memory or by its exhaustion, without you exceeding your plan's resources. If they become recurrent and prevent normal use of the VPS, write to us: you may ask us for a credit on the fee of the service concerned, or cancel the service with immediate effect, in which case we refund the portion of the fee already paid and not used, calculated pro rata.

Shared hosting is also, by its nature, a shared environment: we do not promise you dedicated RAM or CPU, because that would not be true. What we do promise is that we do not overload the servers beyond what is reasonable, and that we state the plan limits in full, without vague wording. If you need more resources and more control, the right plan is a VPS, and we will tell you so.

VPS are offered on Linux container technology (LXC). Depending on the option chosen, they can be administered by you (self-managed) or managed by us: the level of management, and therefore the allocation of responsibility for updates, security and operating system configuration, is the one stated on the plan page or in the quotation.

2. Conclusion of the contract and activation

The contract is concluded when we confirm your order (by confirmation e-mail, by activating the service or by accepting a quotation), not when the request is merely sent. We reserve the right not to accept an order where the data provided is incomplete or inaccurate, where there are indications of abuse or fraud, or where the requested service cannot be provided for technical or legal reasons; in that case we refund in full any amount already paid.

Provisioning and activation times. For hosting and VPS, activation is normally quick once payment for the first period has been received; for domains it depends on the timing of the competent registry, and for managed websites and e-commerce on the agreed work plan. The times stated on the website are good-faith estimates, not essential deadlines within the meaning of the law.

Customer data. To activate and manage the service you must provide correct and up-to-date contact and billing details, and keep them so. You are responsible for safeguarding your access credentials and for the activities carried out through your account. If you notice any unauthorised use, let us know as soon as possible.

Truthful identity and verification. You undertake to state your true identity (natural or legal person) and billing details that match the holder of the means of payment. Orders in the name of third parties without their consent, fictitious identities and deliberately incomplete details are not permitted. Before activation, or at any time during the relationship, we may ask you to confirm your identity, for example with a valid identity document, an extract from the commercial register or a verification of the means of payment, processing this data solely for that purpose (see the Privacy Policy).

Refusal and cancellation of orders. We may refuse an order, or cancel it and deactivate the service even after activation, if verification is not completed within the stated deadline, if the data turns out to be false or attributable to third parties, if the payment is disputed or of suspicious origin, if the customer or their data has already been associated with abuse, or if there are other concrete indications of fraud. If the order is refused before activation we refund in full any amount already paid; if it is cancelled after activation because of false data or fraud, the amounts already paid are retained to cover the costs incurred, unless they were paid with a means of payment belonging to someone else: in that case we return them to the holder through the payment provider. Compensation for any further damage remains reserved.

3. Prices and invoicing

All prices are stated in Swiss francs (CHF). OtakuWorld.ch Sagl is not registered for VAT, so no value added tax is charged or shown on Nymora services. The price you see in the price list is the price you pay: we do not apply hidden charges for SSL certificates, backups or support, which are already included in the plans where they are stated.

Renewal at the same price. We do not use first-period loss-leader promotions that then increase on renewal. Unless general price list changes are announced in advance, the renewal price is the one shown in the price list. For domains, for example, renewal of a .ch stays at CHF 16.–/year, with no increase in the second year.

Taxes and charges. Today OtakuWorld.ch Sagl is not registered for VAT and the price you see is the final price. If in the future VAT registration became mandatory by law, or if the taxes and public charges applicable to the services changed, we may adjust the amounts accordingly, informing you in advance. This is the only change that can affect a period already in progress, and it concerns the tax, not our margin.

Subscription services (hosting, VPS) are invoiced in advance according to the billing cycle chosen (monthly or annual). Managed websites and e-commerce involve a one-off build fee plus a monthly management fee, both stated separately before the order is confirmed. We do not impose multi-year commitments: a longer billing cycle is your choice, not an obligation.

Payment methods. Online payments are handled through Payrexx (TWINT, cards, PostFinance), a specialised Swiss provider that processes payment data according to its own security standards: we do not store your full card details ourselves. For one-off amounts we may also agree on other methods (for example bank transfer). Invoices are issued in electronic form.

Anti-fraud checks. To protect you and us against the use of other people's cards or identities, we may: require 3-D Secure authentication for card payments; verify your identity, for example with an identity document, before activation or at any time in case of doubt; manually review the first order where it presents risk factors, in which case activation may take longer; refuse or cancel a suspicious order. The rules of clause 2 apply to verification, refusal and cancellation. Manual review is normally completed within 2 working days of receipt of the requested documents. For verification with a document you may black out any data not needed to identify you; the copy of the document is deleted at the end of the verification and we keep only the outcome.

If we refuse or cancel an order before activation, we refund the full amount paid, to the same means of payment, within 10 working days. The refusal of an order is never decided solely by an automated system: if an automated check flags a risk, the order is examined by a person. If an order is refused or cancelled, we inform you: you may put forward your point of view and ask for the decision to be reviewed.

Late payment. Invoices are due within the stated deadline. In the event of non-payment we send you a reminder with a reasonable deadline to settle; if that deadline expires without payment we may suspend the service (see clause 5) and, within the limits of the law, charge the default interest provided for by Swiss law and reasonable reminder costs. Suspension for non-payment does not release you from the fees already accrued.

Payment disputes (chargebacks). If you dispute a payment with your bank or card scheme, we may immediately suspend the services paid for with that payment until the matter is clarified; during the suspension your data is not deleted (clause 9). If the dispute is rejected, or you withdraw it, we charge you, in addition to the amount owed, the fees actually applied to us by the payment provider for the dispute, which we document on request. If the dispute is upheld because it is well founded, we charge you nothing and, if you are still entitled to the service, we reactivate it. Before disputing a payment, write to us: we can usually resolve things faster.

4. Term, cancellation and refunds

No lock-in. We do not tie you to mandatory multi-year contracts. Subscription services renew automatically for the same term chosen, and you can cancel with a simple e-mail without notice, up to the last day of the current period: no notice period to observe months in advance, no registered letter, no form to sign, no penalty and no obligation to tell us why. We confirm the cancellation to you in writing: switching off renewal is enough to end the service, there are no hidden steps designed to keep you.

On cancellation the service remains active until the end of the period already paid; we do not refund unused fractions of a period, except where required by law or where expressly provided (clauses 1, 7 and 15). Domains follow their own rules linked to the life cycle of the competent registry: see clause 11.

For build projects (websites and e-commerce), the one-off fee covers the work performed: in the event of early termination we invoice the work already carried out and hand over to you everything produced up to that point.

Cancellation by us. We too may cancel a subscription service with effect from the end of the current period, with reasonable notice, refunding any portion of the fee paid in advance and not used. This is without prejudice to immediate termination in the serious cases described in clause 5: in those cases no refund is due.

Refunds

For purchases concluded online, such as ours, Swiss law provides no right of withdrawal or cooling-off period: the statutory right of revocation (art. 40a et seq. CO) applies only to contracts concluded at the doorstep or by telephone, not to orders placed on a website. Once the service has been activated, the order is therefore binding.

Prepaid services are non-refundable after activation. Prepaid services (hosting, VPS and domains) are not refundable once activated or made available, because they are provided immediately. You can always cancel the renewal for the next period (see above), but the current period already paid is not refunded.

Money-back guarantee. An exception to the rule above is a voluntary guarantee, which we offer even though we are not obliged to: for the first purchase of a subscription service, if it is not right for you we refund the fee for the first period provided you ask us within 14 days for hosting, VPS, mailboxes and managed plans. Excluded are: domains and fees paid to third parties (registries, licences), which cannot be recovered; custom websites and e-commerce, for which the above on work already performed applies; cases of clearly abusive use of the guarantee; and services suspended or terminated for breach of the acceptable use policy (clause 10) or for false data or fraud (clause 2).

When we refund. We refund the full amount of a service when we are the ones unable to provide it: technical impossibility, or a service never activated for reasons attributable to us. For drops in availability and service disruptions, the remedy provided is the SLA service credits (clause 7), not a cash refund, without prejudice to the right to cancel with a pro rata refund provided for in clauses 1 and 7. Domains, once registered with the competent registry, are not refundable: the fee is owed to the registry regardless of use (clause 11).

Any mandatory statutory rights for the protection of consumers remain unaffected. If something is wrong, write to us first: we always look for a fair solution.

5. Suspension and termination

For us, suspending or closing a service is the last option, not the first. We may however do so, in proportion to the seriousness of the situation, in the following cases:

• Non-payment that persists after the reminder and its deadline (clause 3).
• A payment dispute with the bank or card scheme (chargeback), with immediate suspension of the services paid for with that payment until the matter is clarified (clause 3).
• Breach of the acceptable use policy (clause 10), including illegal content, spam, resource abuse and attacks.
• An ongoing security compromise that puts other customers or the infrastructure at risk.
• A binding request from a competent authority or a legal obligation.
• Account or billing data that is seriously false or not kept up to date despite a request for correction, identity verification not completed, or concrete indications of fraud (clause 2).
• Well-founded abuse reports, listing of IP addresses on blocklists (blacklists), or requests from the infrastructure provider or upstream network attributable to your service.

The automatic and temporary RAM and CPU limits described in clause 1 are not a suspension: the VPS remains running and the limits are lifted automatically.

Where the situation allows, we notify you before suspending and give you the opportunity to put things right. If the cause is resolved we reactivate the service; if the breach is serious or repeated we may terminate the contract with immediate effect.

Immediate measures without notice. Where a service generates hostile or unlawful traffic (for example attacks, scans, spam, phishing), is compromised, is targeted by an attack that puts the infrastructure at risk, or exposes Nymora, other customers or our suppliers to a concrete risk of damage, blacklisting or suspension by the upstream network, we may act immediately and without notice: limit bandwidth or filter traffic, block ports, divert or discard traffic to the IP address concerned (null-route), shut down or isolate the server, suspend the account. We inform you as soon as possible after the intervention, stating the reason to the extent permitted by law and by any ongoing investigation. Reactivation may be made conditional on removing the cause, securing the system (for example a clean reinstallation) and paying the costs referred to in clause 10.

Termination for good cause. In the event of a serious or repeated breach of these Terms, unlawful activity, fraud or abuse that has caused damage to Nymora or to third parties, we may withdraw from the contract with immediate effect. Suspensions and terminations due to a cause attributable to the customer give no right to any refund, nor to SLA credits, for the period already paid; fees accrued, costs and any damages remain payable.

On termination the service and its data are deleted immediately, as described in clauses 8 and 9: export what you need beforehand. We do not return or make accessible manifestly unlawful content, and we may retain the data needed as evidence for the competent authorities, within the limits of the law.

6. Migration

Inbound migration from another provider is included and carried out by us: CHF 0.–. We move your website, mailboxes and databases and complete the configuration before switching the DNS, so as to keep interruptions to a minimum. We check that everything works in the new environment before switching off the old service.

For particularly complex migrations, or migrations from proprietary platforms, we may agree timing and arrangements in advance. In any case we tell you beforehand what is feasible and what is not: we do not promise transfers we cannot guarantee.

7. SLA and availability

For hosting and VPS services we set ourselves a monthly availability objective of 99.5%, calculated on our infrastructure, including the data centre and the suppliers we use to provide it; only the events listed below are excluded. It is an objective pursued with the utmost diligence but without any guarantee of result («best effort»): we do everything we can to achieve it, but it is neither a guarantee of uninterrupted operation nor a guaranteed service level. If we do not achieve it, the remedy is the credits described below. Scheduled maintenance and the events listed below do not count towards the calculation.

Unavailability is counted from the moment you open a report (ticket) and concerns continuous outages that fall within the calculation described below. For VPS, availability measures whether the container is running and reachable from the network; it does not measure the operation of the applications you install. Termination of processes due to exhaustion of the server's memory is governed by clause 1.

Maintenance windows. To update and secure the systems we may carry out scheduled maintenance, normally in low-impact time slots. Where possible we announce it in advance. In the event of critical vulnerabilities or urgent security issues we may intervene without notice, limiting the impact to what is strictly necessary.

Support and response times. Support is provided by ticket and e-mail, in Italian and German; in writing we also reply in French and English. Hours: Monday to Friday, 9:00 to 18:00 (Swiss time). We undertake to provide a first response from a real person within 1 working day. This is a first-response time, not a resolution time: a complex problem may take longer, but we will not leave you without a reply. For abuse reports, clause 10 applies.

What is included and what is not

The calculation includes outages of our infrastructure and of the suppliers we use (data centre included). The following are excluded from the calculation:

• Scheduled maintenance, announced in advance and carried out in low-impact windows.
• Force majeure and failures of third-party networks not engaged by us.
• Outages due to configurations, software or content managed directly by the customer (typical of self-managed VPS).
• Legitimate suspensions for non-payment or for breach of acceptable use (clause 10).
• Attacks (for example DDoS) directed against the customer's service and the mitigation measures taken to protect the infrastructure, including null-routing of the IP address concerned.
• Slowdowns caused by the automatic and temporary RAM and CPU limits described in clause 1, as long as the VPS remains running and reachable.

Credits if the objective is missed

If in a calendar month we fail to meet the availability objective for reasons that fall within the calculation, you may request a service credit within 30 days of the event. The credit is applied to the fee of the service concerned according to the tier below and is the remedy provided for failure to meet the objective.

For each calendar month the credit does not exceed the monthly fee for the service concerned. The credit is applied to the next invoice and gives no entitlement to cash refunds.

Right to cancel. If monthly availability falls below 95% for two consecutive months, you may cancel the service with immediate effect and we refund pro rata the fee paid in advance.

No other service levels. The availability and response commitments and the related credits are only those described in this clause. We do not guarantee any further service levels, even if mentioned in informational or advertising material, unless agreed in writing in a specific contract or quotation. SLA credits and the right to cancel above are the sole remedies for failure to meet the objective, except in cases of intent or gross negligence.

8. Backups and responsibility for data

Technical safety copies of VPS. Every night we automatically take a snapshot of all VPS, for internal use in restoring the infrastructure in the event of a failure. We keep 7 daily and 2 weekly copies on storage separate from the servers hosting the VPS, but in the same data centre: an event affecting the entire data centre may also affect the copies. Without the Backup option these copies give no entitlement to a restoration on request; if a failure on our side affects your VPS, we use them to get it running again.

Backup option. With the Backup option (CHF 5 per month), or on managed VPS, you may ask us by ticket to restore your VPS from one of these copies, at no additional cost for the restoration. Even with the Backup option, restoration is not guaranteed (see below). Snapshots are taken while the VPS is running: databases and files being written at that moment may not be consistent in the copy. For databases we recommend that you make your own periodic exports.

For other services, on plans where this is stated, we perform automatic backups with the frequency and retention specified on the plan page.

No guarantee of restoration. Backups are a service continuity tool, provided with the utmost diligence but without any guarantee of result (best effort). We do not guarantee full recovery of data in all circumstances; cases of intent or gross negligence remain reserved (clause 13).

Your data remains your responsibility. You are primarily responsible for the content you publish and the data you upload to the services, for its lawfulness and for your legitimate right to use it. Our backups do not replace your own copies: you undertake to keep your own up-to-date copies of anything you consider important, stored outside our servers.

Backups on self-managed VPS. On a self-managed VPS you administer the system: safeguarding data, configurations and applications is your sole responsibility, even when the plan includes automatic copies. You undertake to keep your own regular backups stored off the server. We are not liable for loss of data due to configuration errors, updates, compromises, deletions or reinstallations carried out by you or by anyone accessing with your credentials.

Copies after termination. On termination of the service the VPS and its data are deleted immediately. The nightly copies already taken remain in the backup storage until their automatic rotation, at most 21 days, and are then deleted. Legal obligations and requests from the authorities remain reserved.

Where the data resides. The infrastructure hosting the services is located in a data centre in France, in the European Union: the data therefore resides in the EU and not in Switzerland. We state this here, in the contract, and not only on a marketing page: it is a commitment, not a slogan.

No US company in the hosting chain. OtakuWorld.ch Sagl is a Swiss company and the provider operating the data centre is a company established in France, in the European Union: no US entity is involved in the infrastructure hosting your data. The data is processed under the European GDPR, while the contract remains subject to Swiss law and Swiss jurisdiction. There are exceptions, and we tell you about them here rather than letting you find out later: some ancillary services may rely on providers headquartered, or with a parent company, outside the EU and Switzerland. Online payments, on the other hand, go through Payrexx, a provider based in Switzerland (clause 3). These services do not concern the hosting of your content, and the full list of processors, with their location and the safeguards applied, is in the Privacy Policy. If your sector requires your data to be physically located in Switzerland, tell us the requirement straight away: we will tell you frankly if we are not the right provider, rather than letting you find out after the contract has been signed.

Details of the processing, the processors and the transfers are set out in the Privacy Policy.

9. Data portability

Your data is yours. If you decide to move elsewhere, we provide you with complete backups and help you export websites, databases and mailboxes in standard formats. We do not hold data hostage and we do not charge penalties for leaving.

Export before termination. On termination of the service the VPS and its data are deleted immediately; the nightly copies already taken expire through the automatic rotation, at the latest within 21 days (clause 8). Before the end date, export what you need. A suspension, for example because of a late payment, is not a termination and does not delete your data. The processing of personal data is described in the Privacy Policy.

10. Acceptable use (AUP)

To keep the infrastructure healthy and secure for everyone, use of the services is subject to an acceptable use policy. By using Nymora you undertake not to use the services, or allow others to use them, for the following activities. The prohibition applies whatever the declared purpose (including «testing», «research» or «educational use») and regardless of whether the activity is lawful in the recipient's country.

• Denial-of-service attacks: outbound DoS/DDoS attacks, «stress test» services, booters or stressers, traffic amplification and reflection, even against systems you own unless agreed with us in writing beforehand.
• Attacks and unauthorised access: intrusions, brute-force or dictionary attacks on credentials, exploitation of vulnerabilities, interception of traffic, falsification of IP or MAC addresses (spoofing) and any attempt to access other people's systems, networks or data without authorisation.
• Scanning: port, network or vulnerability scans against third-party systems without their written and verifiable consent.
• Spam and abusive e-mail: sending unsolicited bulk e-mail, purchased lists or lists collected without consent, open relays, open resolvers and open proxies, sender forgery, and any practice that damages the reputation of IP addresses.
• Malware, phishing and fraud: hosting or distributing malware, ransomware, exploit kits, phishing or credential-harvesting pages, sites imitating other people's brands or services, scams and fraudulent schemes.
• Botnets: command and control (C2) servers, botnet nodes, and the control or operation of compromised systems.
• Mining: cryptocurrency mining and similar activities (for example proof-of-space), unless otherwise agreed in writing for the specific plan.
• Anonymisation for abusive purposes: Tor network exit nodes, open or public proxies and relays, and VPNs or proxies offered to third parties or used to conceal activities prohibited by this policy. A VPN for personal use is permitted if it does not generate abuse. A relay-only Tor node requires our written consent, because Tor network ports are blocked by default.
• Infringement of third-party rights: content that infringes copyright, trademarks or other intellectual property rights (including pirated copies, trackers and indexes of protected material), personal data processed unlawfully, defamation.
• Illegal content: any content or activity prohibited by Swiss law or by the law applicable at the location of the data centre, in particular pornography involving minors, prohibited depictions of violence, incitement to hatred or violence, terrorism, trade in illegal goods or services, unauthorised gambling.
• Resource abuse: circumventing or attempting to circumvent the technical limits of the plan or the automatic limits of clause 1, or reselling resources without authorisation. Using the resources of your plan within its limits, even intensively, is never a breach of this policy: if usage is high, the only consequence is the automatic and temporary limits of clause 1.

Serious breaches: immediate action. Serious breaches include in particular: DoS/DDoS attacks, intrusions and brute-force attacks, phishing, distribution of malware or command and control (C2) servers, sending spam, and seriously illegal content such as pornography involving minors. In these cases we may act immediately and without notice with the measures of clause 5, without going through the step-by-step procedure described below. We choose the least intrusive measure sufficient to stop the breach, for example blocking a port or outbound traffic only before suspending the entire service, unless the case requires more. We inform you of the reason within 24 hours, to the extent permitted by law.

Immediate suspension serves to stop the damage. If the abuse results from a compromise of your server by third parties and you cooperate in removing the cause, we reactivate the service once it has been secured and we do not terminate the contract on the first occurrence.

Outbound e-mail and blocked ports

To protect the reputation of IP addresses, outbound e-mail on VPS is blocked by default on ports 25, 465, 587 and 2525. This block also applies to authenticated sending to external mail services. As an alternative, many sending services offer an HTTPS interface, which is not blocked. If you need to send e-mail from your VPS, with your own mail server or through an external sending service, you can request unblocking by stating your reasons. Unblocking is free of charge and, if the request is complete, we assess it within 1 working day. We may grant it after verifying your identity and intended use, make it subject to technical requirements (SPF, DKIM and DMARC records, consistent rDNS, sending limits) and revoke it at any time in the event of abuse.

The ports used by cryptocurrency mining services and by the Tor network are also blocked by default. We also filter traffic to and from networks listed as malicious on blocklists. If a filter mistakenly blocks legitimate traffic of your service, write to us: we check it free of charge and, if the block is not justified, we lift it for your VPS.

Responsibility for your service

You answer for everything that originates from your server. You are responsible for every activity carried out on or from the service, by you, your users or anyone who accesses it, with or without your authorisation. This applies even when the server has been compromised by third parties: a hacked system that attacks others remains, as far as we are concerned, a system under your responsibility.

Security obligations. On a VPS that you administer, you must keep the system adequately secure: promptly install security updates for the operating system and applications, use strong and unique SSH keys or passwords (never the default ones), disable services you do not use, protect administration panels, correctly configure network-exposed services (no open DNS resolvers, mail relays or proxies) and act immediately if you receive a report from us.

Technical monitoring and checks

Automated monitoring. For network security and abuse prevention we automatically and continuously collect traffic metadata and resource usage: for example traffic volumes, packets per second, number of connections, destination addresses and ports, CPU, memory and disk load. The same data is used to apply the automatic resource limits of clause 1. This collection takes place from outside your service and does not concern the content.

Targeted checks in the event of an alert. If monitoring or a report indicates a concrete anomaly (for example abnormal and prolonged CPU load, scans or an unusual number of outbound connections, blocked attempts to send mail), we may carry out a technical check on your service limited to what is needed to understand the source of the problem: names of the running processes and services, listening ports and active connections. We do not examine process parameters, files or data, and we do not carry out random checks or checks without a concrete reason. Every check is logged (date, reason, person who carried it out, outcome) and is notified to you, together with its reason, within 24 hours; on request we provide you with the extract of the log that concerns you.

We do not inspect the content of communications or the files, databases or emails you host, except: (i) where the law requires it or an authority orders it by a binding decision, including surveillance measures ordered under the LSCPT; (ii) where you expressly request or authorise it for the specific case, for example in a support ticket; (iii) in the event of serious and imminent danger to our systems or to third parties, and only to the extent strictly necessary. In this last case, instead of examining the content, we normally isolate or suspend the service and keep an unaltered copy of it as evidence. We inform you of the access as soon as possible, unless prohibited by law or by the authority. The processing is proportionate, is based on our legitimate interest in the security of the systems and is described in the Privacy Policy.

Measures, costs and authorities

What happens in the event of abuse. Where there are breaches we contact you and, where possible, ask you to put things right within an appropriate deadline. As a rule we proceed step by step, according to severity: first a warning, then a bandwidth limit, then suspension of the service's traffic. The bandwidth limit is a measure against the abuses covered by this clause: we do not apply it merely because of the volume of lawful traffic. In serious or urgent breaches we may instead take, immediately and without notice, the measures described in clause 5 (filtering, port blocking, null-route, shutdown, suspension) and, in the most serious or repeated cases, terminate the contract with immediate effect and without refund.

Abuse handling costs. For each well-founded case of abuse attributable to your service we may charge you a flat fee of CHF 75.– to cover the work of analysis, response and restoration. In addition, and on presentation of supporting documents, you bear the actual costs that the abuse causes us: for example penalties or charges from the infrastructure provider or upstream network, costs of removal from blocklists, replacement of IP addresses, legal costs and damages. The flat fee does not apply if the abuse is attributable to us, nor to checks that do not confirm abuse.

Cooperation with the authorities. We cooperate with criminal prosecution authorities and other competent authorities. Nymora may qualify as a provider of derived communication services within the meaning of art. 2 let. c of the Federal Act on the Surveillance of Post and Telecommunications (LSCPT, in German BÜPF). In that case, upon a request made in accordance with the law by the Post and Telecommunications Surveillance Service (PTSS) or by another competent authority, we provide the data we hold and tolerate the surveillance measures ordered, within the limits of the LSCPT and its ordinances. The law may require us to keep these measures secret: in that case we cannot inform you. Where the law requires us to or an authority orders it by a binding decision, we may disclose customer data, billing data and available technical metadata, and retain the data needed as evidence. We may also report to the authorities activities we consider manifestly unlawful and pass the strictly necessary information to the operators of the networks involved in order to stop ongoing abuse. Where the law allows, we inform you of this, to the extent that a duty of secrecy imposed by the authority does not prohibit it.

Reporting abuse. If you detect abuse originating from our services (spam, phishing, unlawful content, hostile network activity) write to us at [email protected] with the relevant details (IP addresses, headers, dates and times). We normally take charge of reports within 24 hours, including at weekends: this is an objective, not a guaranteed deadline. We examine every report and act proportionately.

11. Domain registration

Domain registration is offered as a reseller, where the service is available, and we rely on competent registrars and registries. In addition to these Terms, the registration and maintenance of domains are subject to the rules of the competent registry for each extension (for .ch the national registry, for gTLDs the respective registries and ICANN). By signing up you also accept those rules.

• Availability: the check in the search bar is indicative. Final availability is confirmed only at the actual time of registration with the registry.
• Ownership: the domain is registered in your name as holder. You are responsible for the accuracy of the contact details provided.
• Renewal: domains renew on expiry at the same list price. We notify you before expiry; failure to renew may lead to suspension, a redemption period and finally release of the domain according to the registry's life cycle.
• Transfer: outbound transfer is always possible. For .ch the authorisation code (AuthInfo) is required; inbound transfer is handled by us, with no downtime if the DNS records are prepared in advance.
• WHOIS privacy and DNSSEC are included on supported domains, where the extension allows it.

Some extensions have specific requirements: for example .swiss requires a qualified link with Switzerland. If the registration is not permitted by the registry, we notify you and do not charge for the domain.

12. Managed payments (e-commerce)

For managed e-commerce we configure and connect Swiss payment gateways (for example Datatrans, Wallee, Saferpay) and TWINT, as well as the QR-bill compliant with the SIX standard. The contractual relationship with the bank or payment provider remains yours: we connect the technical pieces, we do not collect payments on your behalf and we do not enter the flow of money.

Transaction fees, PSP terms and tax obligations relating to sales (including VAT) are your responsibility. We configure the shop for the Swiss market and support you on the technical side, but we do not replace the tax or legal advice of your trusted professional.

13. Warranties and liability

We provide the services with professional care and under an obligation of means: we undertake to apply skill and diligence, not to guarantee a result that also depends on factors outside our control (third-party networks, software and content managed by the customer, force majeure). The services are provided «as is» within the limits permitted by Swiss law.

To the extent permitted by law, Nymora is liable for direct damage caused by its own gross negligence or intent. Liability for slight negligence and for indirect or consequential damage is excluded to the extent permitted: loss of profit, loss of turnover or customers, business interruption and loss of data attributable to causes outside our control or to configurations and content managed by the customer.

Liability cap. Except where the law does not permit limitations (in particular intent and gross negligence, and personal injury), our total liability for each individual service is limited to the amounts you paid us for that service in the twelve months preceding the event that caused the damage.

Statutory limits. The limitations in this clause apply to the extent permitted by Swiss law. In accordance with art. 100 CO they do not exclude or limit our liability for intent or gross negligence, nor liability for personal injury or arising from mandatory statutory provisions, in particular for the protection of consumers.

Indemnity. You hold us fully harmless from any claim, action or proceedings by third parties, including authorities, rights holders, targets of attacks or spam, the infrastructure provider and upstream network operators, arising from the content you publish, from your use of the services or from use made by third parties through your account or your server (even if compromised), in breach of these Terms or of the law. The indemnity covers damages, penalties and fines, contractual penalties and charges from the infrastructure provider or upstream network, costs of removal from blocklists and reasonable legal and defence costs. We inform you of the claim and, if requested, allow you to take part in the defence.

14. Data protection

We process personal data in compliance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the GDPR. Since the infrastructure is located in a data centre in France (EU), the data is processed in the European Union. Details of what data we collect, for what purposes and on what legal bases, to whom we disclose it and how to exercise your rights are set out in our Privacy Policy, which forms an integral part of these Terms.

Where, in providing the services, we process personal data on your behalf (for example data on your website or in your e-commerce shop), we act as processor in accordance with your instructions; on request we conclude with you a data processing agreement compliant with art. 9 FADP and, where applicable, art. 28 GDPR. The sub-processors are listed in the Privacy Policy. You remain the controller of that data and are responsible for its lawfulness.

For network security, abuse prevention and the application of the automatic resource limits we also process metadata on the traffic and resource usage of your services, without inspecting their content (clauses 1 and 10). Upon a binding request from an authority or where required by law, we may disclose the necessary data to the competent authorities, including under the LSCPT (clause 10).

Identification data. We retain the data that identifies you as a customer (name, address, e-mail, telephone if provided, the payment data we receive from the payment provider and the IP address from which you placed the order) for the duration of the contract. After it ends we retain invoices and other accounting records, with the data they contain, for 10 years (art. 958f CO). We retain other identification data, the order IP address and other data used to prevent fraud for a maximum of 12 months after the end of the contract, unless they are needed to handle a case of abuse, fraud, a dispute or proceedings, or an authority requests their retention. Should extended surveillance obligations under the LSCPT be imposed on us in the future, we will retain the required data for the periods laid down in the relevant ordinance (OSCPT) and update these Terms and the Privacy Policy.

15. Changes to these terms

We may update these Terms and the price list when the services, the technology or legal obligations change. Relevant changes for ongoing subscription services are communicated to you in advance with reasonable notice, normally by e-mail or via the website. If you do not accept a substantial change that affects you, you may cancel the service concerned with effect from the date the change comes into force, with a pro rata refund of the fee paid in advance for the subsequent period; continued use after that date constitutes acceptance.

Changes to your disadvantage. If a change reduces to a non-negligible extent the performance of a subscription service you have already paid for (for example resources, availability or support times), we notify you by e-mail at least 30 days before it comes into force for you. Up to that date you may cancel the service concerned free of charge: we refund the portion of the fee already paid for the period after termination.

Transition to version v1.7. This version applies from 21 October 2026 to contracts concluded from that date. For services activated before 21 October 2026 it comes into force on 20 November 2026, after notification by e-mail; until then the v1.6 Terms remain valid. If you do not accept the new rules, in particular those on VPS resources (clause 1) and support times (clause 7), you may cancel the service with effect from that date, or at any time within the following 30 days, and we refund the portion of the fee already paid and not used, calculated pro rata.

The version in force is always the one published on this page, with its update date. Should any provision prove invalid or ineffective, the remaining provisions remain valid and the provision concerned is replaced by a lawful provision whose effect is as close as possible to it.

16. Governing law and place of jurisdiction

The relationship between the customer and Nymora is governed exclusively by Swiss law, to the exclusion of the conflict-of-laws rules and of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention).

Prevailing language. These Terms are drawn up in Italian. The German, French and English versions are provided for ease of reading only: this English text is a courtesy translation. In the event of any discrepancy or doubt as to interpretation, the Italian version published on this website prevails.

The place of jurisdiction for any dispute is the registered office of OtakuWorld.ch Sagl in Mendrisio, Canton of Ticino (Switzerland), subject to mandatory provisions for the protection of consumers. Before going to court we always look for a direct solution: write to us and let us try to sort things out.