Trial Policy - Servermall Cloud

This document “Servermall Cloud Trial Policy” (the “Trial Policy”) is an integral part of the Servermall Cloud Customer Agreement (the “Agreement”) and sets out the principles, terms and procedures followed by UAB ServerMall and its affiliates (collectively, “Servermall Cloud”, “SMCS”, “We” or “Us”), the owners and operators of the website https://cloud.servermall.com (“cloud.servermall.com”, the “Site”), in their interaction with users (“You”, “Clients” or “Users”) under trial, test, introductory and similar Servermall Cloud programmes intended to provide temporary access to services, resources, functionality, promotional credits, discounts or other benefits for the purpose of evaluating Servermall Cloud Services.

1. Terms and Definitions

1.1. “Trial Programme” – a Servermall Cloud programme under which the User is provided, for a limited period and on special terms, with Test Access to a Service, resources or functionality of Servermall Cloud, and, if provided by the Special Trial Policy, with a promotional credit, discount or other benefit connected with such Test Access.

1.2. “Test Access” – temporary access by the User to a Service, resources or functionality of Servermall Cloud under a Trial Programme.

1.3. “Trial Period” – the period for which Test Access is provided, as established by the Special Trial Policy or by the Servermall Cloud interface in accordance with such Special Trial Policy.

1.4. “Test Resources” – resources, services, projects, account and technical capabilities provided to the User as part of Test Access.

1.5. “Programme Parameters” – the set of terms of a specific Trial Programme, including the programme name, the available Service, term, quotas, limits, bonuses, Payment Method requirements, activation procedure, completion procedure and rules for transition to paid use.

1.6. “Bonus” or “Promotional Credit” – a conditional accounting value reflected in the Servermall Cloud accounting system in relation to the User Account and provided only for the purposes expressly specified in the Special Trial Policy. A Bonus is not the User’s funds and is not payable, exchangeable, saleable, transferable to third parties, withdrawable or usable outside the purposes of the relevant Trial Programme.

1.7. “Transitioning Resources” – Test Resources that, under the terms of the relevant Trial Programme, may continue to operate on a paid basis after the end of the Trial Period.

1.8. “Paid Subscription” – a Subscription to a Servermall Cloud Service created in relation to Transitioning Resources after the end of the Trial Period or upon early transition to paid use.

1.9. “Opt-Out” – an express action by the User aimed at terminating participation in a Trial Programme and refusing paid continuation of the use of Transitioning Resources, if the relevant Trial Programme provides for such continuation.

1.10. “Verification” – a set of checks that Servermall Cloud may carry out before providing Test Access and/or during the Trial Period, including checks of Registration Data, contact details, the Payment Method, the authority of a representative of an organisation, eligibility to participate in a Trial Programme, compliance with the one-time participation restriction, and checks of circumstances connected with preventing abuse, fraud, security breaches, breaches of applicable Servermall Cloud documents and breaches of law.

1.11. “Individual Trial Programme Agreement” – a separate written document in hard copy or an electronic document entered into between Servermall Cloud and the User or the organisation represented by the User, which expressly governs Test Access or a Trial Programme and amends, supplements, replaces or excludes the application of this Trial Policy, the applicable Special Trial Policy or any individual provisions of them. Such document may also establish unique Special Trial Policy terms for a specific User, Account, organisation, project or defined group of participants. The title of the document is not relevant if its content makes it possible to identify it as an Individual Trial Programme Agreement.

1.12. Capitalised terms not defined in this Trial Policy have the meaning set out in the Agreement.

2. Status, Application and Priority

2.1. This Trial Policy applies to each Trial Programme unless the Special Trial Policy for the relevant Trial Programme expressly provides otherwise.

2.2. For each separate Trial Programme, Servermall Cloud publishes a separate document with the special terms of the relevant programme (the “Special Trial Policy”). The Special Trial Policy specifies how this Trial Policy applies to a separate programme and may establish the term, scope of access, quotas, limits, bonuses, Payment Method requirements, activation procedure, completion procedure, the presence or absence of automatic transition to paid use and other parameters of that programme.

2.3. In the event of conflicts connected with the implementation of a specific Trial Programme, the following order of contractual priority applies, unless mandatory requirements of applicable law provide otherwise:

the Individual Trial Programme Agreement, and also the applicable Contract if such Contract directly regulates the relevant Trial Programme, Test Access, Transitioning Resources, the procedure for transition to paid use or the Paid Subscription, with respect to those terms;
the Special Trial Policy, with respect to the parameters and procedure for providing the relevant Trial Programme;
this Trial Policy;
the Agreement and other applicable Servermall Cloud documents, except for the documents specified in subclauses (a)-(c) of this clause.

2.4. Descriptions of a Trial Programme in instructions, on the Site, in the interface, in “Questions and Answers” sections, and in advertising and other informational materials do not amend this Trial Policy or the Special Trial Policy and are not an Individual Trial Programme Agreement, unless they expressly show the Parties’ agreed intention to amend the terms of Test Access or the Trial Programme. In the event of a conflict, the applicable contractual documents have priority.

2.5. The requirements of the Acceptable Use Policy, No Spam Policy, Intellectual Property Policy and other applicable Servermall Cloud documents must be complied with in all cases. If the Individual Trial Programme Agreement, this Trial Policy or the Special Trial Policy provides requirements that are less strict than the Acceptable Use Policy, No Spam Policy, Intellectual Property Policy or other applicable Servermall Cloud documents, the stricter requirements apply, unless mandatory requirements of applicable law provide otherwise.

2.6. To the extent not regulated by the Individual Trial Programme Agreement, the Special Trial Policy and this Trial Policy, the Agreement and other applicable Servermall Cloud documents apply.

3. Legal Nature and Purposes of Trial Programmes

3.1. Trial Programmes are provided at the discretion of Servermall Cloud, unless mandatory requirements of applicable law or a separate written agreement with the User expressly provide otherwise.

3.2. The purposes of Trial Programmes are:

to give the User an opportunity to evaluate the functionality, interfaces, technical capabilities and applicability of Servermall Cloud Services for subsequent paid use;
to train the User to work with Servermall Cloud Services;
to run proof-of-concept, development, testing, demonstration and limited pilot evaluation activities;
to collect and analyse aggregated or generalised data on Service usage patterns in order to optimise the parameters of Trial Programmes and the quality of Servermall Cloud Services. Aggregated or generalised data means data that does not allow direct or indirect identification of the User or other data subjects. If such data allows identification, it is processed as personal data in the manner established by the Agreement and the applicable Servermall Cloud privacy policies.

3.3. Provision of a Trial Programme is not a guarantee that similar terms will be provided in the future, that the price will be preserved, that the configuration will be preserved, that resources will be available, that the term will be extended, that discounts will be provided or that a subsequent Paid Subscription will be approved.

4. Participant Requirements

4.1. A User who meets the requirements of the Agreement, this Trial Policy, the Special Trial Policy and other applicable Servermall Cloud documents may participate in a Trial Programme.

4.2. Unless the Special Trial Policy provides otherwise, Test Access is provided only to a User who has not previously received Test Access under the same or a similar Trial Programme and has not circumvented the restrictions of Servermall Cloud Trial Programmes.

4.3. Servermall Cloud may take into account matches in the Account, email address, phone number, Payment Method, organisation, IP addresses, devices, network parameters and payment, account, technical and organisational indicators in order to check compliance with the one-time participation restriction and to prevent abuse.

4.4. Participation in a Trial Programme requires a verified email address, a verified mobile phone number, true Registration Data, a completed profile, confirmed representative authority if the Account is used on behalf of an organisation, a verified Payment Method and other conditions specified in the Special Trial Policy.

4.5. If the User acts on behalf of an organisation, the User confirms that the User has authority to bind that organisation to the terms of the Agreement, this Trial Policy and the Special Trial Policy.

5. Procedure for Activating Test Access

5.1. To receive Test Access, the User must complete the actions provided by the Agreement, this Trial Policy, the Special Trial Policy and the Servermall Cloud interface.

5.2. If applicable to the relevant Trial Programme, the User must:

register a Servermall Cloud Account;
provide true Registration Data and profile information;
specify the organisation represented by the User, if the Account is used on behalf of an organisation;
confirm the email address and mobile phone number;
accept the Agreement, this Trial Policy, the Special Trial Policy and other applicable Servermall Cloud documents;
link and verify a Payment Method, if required by the Special Trial Policy;
complete additional checks if Servermall Cloud considers them reasonably necessary;
complete the actions specified in the interface, activation instructions and Servermall Cloud support requests relating to activation of the Trial Programme;
if automatic transition to paid use is available, consent to the creation of a Paid Subscription and charging of Payment in the manner established by this Trial Policy, the Special Trial Policy and the Agreement, unless the User submits an Opt-Out.

5.3. The User’s completion of activation actions, including acceptance of applicable documents, linking and Verification of a Payment Method, carrying out a verification transaction, submitting an application and completing actions in the Servermall Cloud interface, does not oblige Servermall Cloud to provide Test Access. Test Access is provided after the activation conditions are fulfilled, the applicable Verification is completed and Servermall Cloud approves the User or Account, if such approval is required.

5.4. Before completion of the applicable Verification, Servermall Cloud may:

postpone the start of the Trial Period and the deployment of Test Resources;
request additional documents, information, confirmations or explanations;
refuse activation of Test Access in the cases provided by this Trial Policy, the Special Trial Policy, the Agreement or applicable law;
offer the User the option to create a Paid Subscription without providing Test Access. Such an offer does not oblige the User to create a Paid Subscription and does not limit the right of Servermall Cloud to refuse Test Access.

5.5. Servermall Cloud may refuse to activate Test Access without any obligation to disclose its internal checking criteria if such refusal is connected with preventing abuse, security requirements, compliance with law, sanctions or export restrictions, protection of the Servermall Cloud platform, third-party rights or other justified risks.

6. Test Resources, Quotas and Bonuses

6.1. The composition of Test Resources, the size of quotas, limits, available interfaces, availability of a Promotional Credit, the procedure for crediting and debiting it, its validity period and other Test Access parameters are determined by the Special Trial Policy.

6.2. Test Resources are provided only within the quotas and restrictions established for the relevant Trial Programme. Unless the Special Trial Policy provides otherwise, the User is not entitled to require an increase in quotas, an extension of the term or an expansion of the composition of Test Resources under Test Access.

6.3. Servermall Cloud may record Test Resources, Promotional Credits and other Trial Programme benefits in the User Account and in the Servermall Cloud accounting systems. Data in the Servermall Cloud accounting systems has priority when determining the start and end of the Trial Period, the composition of resources, credits, debits, the status of the Trial Programme and other technical facts.

6.4. Bonuses and Promotional Credits are not the User’s funds and do not create a debt of Servermall Cloud to the User. They may be used only for the purposes expressly established by the Special Trial Policy.

6.5. An unused Bonus expires at the end of the Trial Period, upon Opt-Out, upon early termination of the Trial Programme or at another time established by the Special Trial Policy. Unless applicable law expressly provides otherwise, an unused Bonus is not payable, refundable or compensable.

6.6. If Test Access is provided subject to having a verified Payment Method, the User must maintain such Payment Method throughout the Trial Period, unless the Special Trial Policy provides otherwise.

7. Permitted Use of Test Resources

7.1. Unless the Special Trial Policy provides otherwise, Test Resources may be used only for non-production purposes connected with familiarisation, training, development, testing, demonstration, proof of concept, integration testing, pilot evaluation and limited pilot operation of non-critical services.

7.2. Within the purposes specified above, the User may use Test Resources for internal commercial evaluation of Servermall Cloud Services, including checking the suitability of the Services for future paid use, developing and testing the User’s own products, and demonstrating test and pilot environments to the User’s employees, contractors, investors, partners or potential clients, provided that such environments are not used as a full production environment and are not an independent source of income from operating Test Resources.

7.3. Limited pilot operation is permitted only for non-critical applications, interfaces, test environments or other solutions, if such operation is performed to check the suitability of Servermall Cloud Services for subsequent paid use, is not material to the business continuity of the User or third parties, is not used to process production transactions, sensitive or regulated data, and does not involve providing paid services to third parties.

7.4. Basic performance measurements are permitted only within the allocated quotas and only if such actions do not create significant network, disk, compute or other load capable of affecting the Servermall Cloud platform or other users.

7.5. Load testing, stress tests, mass generation of network traffic, long-term tests of maximum resource utilisation, and public comparative tests of the Servermall Cloud platform or its components are permitted only with prior written approval from Servermall Cloud.

8. Prohibited Use of Test Resources

8.1. The prohibitions and restrictions established by the Agreement, Acceptable Use Policy, No Spam Policy, Intellectual Property Policy and other applicable Servermall Cloud documents apply to Test Resources in full, regardless of whether such activity is mentioned in this section. This section establishes additional restrictions arising from the trial, temporary, preferential and evaluation nature of Test Access. This section must not be interpreted as an exhaustive list of prohibitions or as permission for activity prohibited by those documents.

8.2. Unless the Special Trial Policy expressly provides otherwise with respect to the additional restrictions of this section and subject to clause 8.1 of this Trial Policy, Test Resources must not be used for:

full production operation of live environments, critical websites, applications, interfaces, production business processes, production transactions, client databases, backup or disaster recovery of production systems, except for limited pilot operation expressly permitted by section 7 of this Trial Policy and the applicable Special Trial Policy;
providing Test Resources, solutions hosted on Test Resources or access to them as a standalone paid service, paid feature, element of a commercial service, managed service, outsourcing, service for an external customer or another commercially exploited model, if such use goes beyond evaluation of Servermall Cloud Services for subsequent paid use;
storing, processing or transmitting sensitive, regulated data or data whose loss or disclosure would be critical, including payment data, bank details, data constituting a financial, state or official secret, medical data, biometric data, special categories of personal data, bulk or production personal data, as well as production keys, tokens, passwords and other secrets that provide access to production environments, data, payment or financial systems and other critical resources;
using Test Resources as an environment whose availability, performance, data preservation, security or compliance is relied upon by the User, the User’s end users, customers or other third parties in work processes, contractual obligations, business continuity or provision of services to third parties.

8.3. Despite clause 8.2(c) of this Trial Policy, test keys, tokens, certificates and credentials intended exclusively for development, testing, demonstration, proof of concept or limited pilot evaluation may be used, subject to compliance with the Agreement, applicable Servermall Cloud policies, this Trial Policy and the Special Trial Policy.

9. Checks, Refusal, Suspension and Early Termination

9.1. Servermall Cloud may request from the User documents and information reasonably necessary to check Registration Data, the authority of a representative of an organisation, ownership of the Payment Method, compliance with the one-time participation restriction, compliance with applicable Servermall Cloud documents, and to check suspicions of abuse, fraud, security breach or breach of law.

9.2. Depending on the purpose of the check, the type of Account, the type of User, the terms of the relevant Trial Programme and the nature of the identified risks, Servermall Cloud may request, if proportionate to the purpose of Verification and permitted by applicable law, one or more of the following documents or their reasonable equivalents:

an identity document of the User or representative of an organisation;
a document confirming the address of the User or organisation, generally issued not earlier than 3 months before the request date;
a document from a bank, payment provider or other reasonable document confirming ownership of or the right to use the Payment Method, including the name of the Payment Method holder and the last four digits of the card or another partial identifier sufficient to match the Payment Method with the User, Account or authorised representative of the organisation;
if the Account is used on behalf of an organisation, a document confirming registration of the organisation, an extract from a trade or corporate register or another similar document;
confirmation of the authority of the representative of the organisation, including a letter of authority, confirmation from a corporate email address, a corporate document or another reasonable confirmation of authority.

9.3. Servermall Cloud may accept alternative documents or information if they allow the purpose of Verification to be achieved. Servermall Cloud is not obliged to accept a document or information if it does not allow the relevant circumstances to be checked, raises reasonable doubts about authenticity, current validity, completeness or ownership, or is provided through an improper channel.

9.4. The requested documents and information must be proportionate to the purpose of the check. The User must provide documents and information through the Secure Channel, specialised secure forms, payment gateways or other channels expressly specified by Servermall Cloud for the relevant category of information, in the manner established by the Agreement, the Servermall Cloud request or the Servermall Cloud interface.

9.5. Servermall Cloud does not request, and the User must not provide, the full payment card number (PAN), CVV/CVC, PIN, card expiry date, passwords, confirmation codes, private keys, access tokens, authentication or authorisation data or other secrets outside specialised secure forms and payment gateways, if such forms or gateways are intended for entering the relevant information. For the purposes of Payment Method Verification, Servermall Cloud may request only masked or partial information, for example the last four digits of the card, if this is necessary and proportionate to the purpose of the check.

9.6. Servermall Cloud may refuse to provide the User with Test Access, suspend Test Access or terminate the User’s participation in a Trial Programme early if one or more of the following circumstances exists:

there are reasonable suspicions of abuse of the Trial Programme or breach by the User of the Agreement, this Trial Policy, the Special Trial Policy or other applicable Servermall Cloud documents;
the User fails to provide the requested documents or information within 7 calendar days from the request, unless Servermall Cloud has agreed another period;
there are objectively confirmed circumstances indicating significant financial, legal, technical, reputational or regulatory risks for Servermall Cloud;
there are signs of fraud, circumvention of Trial Programme restrictions, breach of sanctions or export restrictions, use of inaccurate Registration Data, mass complaints, breaches of the Acceptable Use Policy, No Spam Policy, Intellectual Property Policy or information security requirements;
the check establishes that provision of Test Access to the User does not meet the purposes of the relevant Trial Programme or the stated purposes for using the Test Resources;
the User is unable to maintain a mandatory verified Payment Method, if such condition is established by the Special Trial Policy;
there is technical impossibility, a requirement of applicable law, a requirement of a competent authority or a need to protect the Servermall Cloud platform, Users or third parties.

9.7. Servermall Cloud notifies the User of refusal, suspension or early termination through the client area, the ticket system, email or another available electronic channel. Servermall Cloud may state the grounds in a general form and not disclose the details of procedures and criteria for countering fraud, abuse and security threats.

9.8. The User may submit through the Servermall Cloud ticket system a reasoned request, objection, additional documents, information, confirmations or explanations within 7 calendar days from receiving notice of refusal, suspension, early termination or postponed activation of Test Access, unless the Special Trial Policy establishes another period. Such request may be submitted, among other things, to complete Verification or to remove the circumstances that served as the basis for refusal, suspension, early termination or postponed activation.

9.9. Servermall Cloud reviews the request, objection, additional documents, information, confirmations or explanations submitted by the User in accordance with clause 9.8 of this Trial Policy within a reasonable period and may, but is not obliged to, provide Test Access, resume Test Access, continue Verification, request additional documents or leave the previous decision unchanged. Servermall Cloud retains the right to make a final decision at its discretion, unless mandatory requirements of applicable law expressly provide otherwise.

10. Term, Completion and Opt-Out

10.1. The Trial Period is determined by the Special Trial Policy. Unless the Special Trial Policy establishes another procedure, the term of Test Access is calculated from the moment of actual activation or deployment of Test Resources in the Servermall Cloud system and is determined according to the Servermall Cloud billing time established by the Agreement.

10.2. Test Access ends upon the earliest of the following events:

expiry of the Trial Period;
receipt by Servermall Cloud of the Opt-Out;
early transition by the User to a Paid Subscription, if allowed;
refusal by Servermall Cloud to provide or continue Test Access;
suspension or termination of the Trial Programme at the initiative of Servermall Cloud;
breach by the User of applicable Servermall Cloud documents;
another circumstance provided by the Agreement, this Trial Policy or the Special Trial Policy.

10.3. The User may terminate participation in a Trial Programme before the end of the Trial Period by submitting an Opt-Out through the Servermall Cloud Site interface, the Servermall Cloud ticket system or another method provided by the Special Trial Policy.

10.4. If the Opt-Out is submitted through the ticket system, it is deemed received by Servermall Cloud from the date and time when the relevant ticket is registered in the Servermall Cloud system, unless the Special Trial Policy establishes another time.

10.5. Before submitting an Opt-Out, the User must independently ensure backup, export and retention of the required data, configurations and testing results. After receiving an Opt-Out, Servermall Cloud does not guarantee data preservation, availability of interfaces for data export or the possibility of data restoration.

10.6. The consequences of Opt-Out are:

access to management interfaces and Test Resources may be immediately suspended;
operation of Test Resources may be suspended;
if there are no signs of abuse, security breach, breach of law or breach of applicable Servermall Cloud documents, Servermall Cloud may provide a period of up to 3 calendar days for data export, if technically possible;
data on Test Resources may be deleted after the data export period expires;
immediate deletion is permitted if there is a security threat, signs of abuse, unlawful content, infringement of third-party rights, a requirement of a competent authority, a direct request by the User for deletion or another situation requiring immediate termination of data storage;
the User’s participation in the Trial Programme is terminated;
if the relevant Trial Programme provides for automatic transition to paid use, the Paid Subscription for Transitioning Resources is not created and Payment for the following billing periods of use of such resources is not charged;
the Bonus provided under the Trial Programme is not subject to payment, issuance or compensation. Refunds of funds, including verification transaction amounts for the Payment Method, if applicable, are made exclusively in the manner established by the Agreement and its appendices.

11. Automatic Transition to Paid Use

11.1. This section applies only to those Trial Programmes whose Special Trial Policy expressly provides for automatic transition of Test Resources to paid use after the end of the Trial Period.

11.2. If the Special Trial Policy provides for automatic transition to paid use and Servermall Cloud has not received an Opt-Out before the end of the Trial Period, the Transitioning Resources continue to operate on a paid basis under a Paid Subscription after the end of the Trial Period.

11.3. By accepting the Special Trial Policy and activating Test Access under a Trial Programme with automatic transition to paid use, the User gives prior consent to the creation of a Paid Subscription for the Transitioning Resources and to the charging of Payment in the manner established by the Agreement, this Trial Policy and the Special Trial Policy, unless the User submits an Opt-Out.

11.4. Unless the Special Trial Policy provides otherwise, the Paid Subscription is created with the following parameters:

the Paid Subscription is paid by the User in full in accordance with the Agreement and its appendices;
the composition and quotas of the Transitioning Resources correspond to the scope of the Test Resources at the time of transition, unless otherwise agreed by the Parties;
the unit cost of resources, the accrual procedure, taxes, fees, debiting procedure, overdue payment and consequences of non-payment are determined by the current tariffs, the Agreement and the applicable appendices;
the billing period is determined by the Agreement, the Special Trial Policy or the Servermall Cloud interface;
the project, related data, configurations and credentials may be retained as they existed at the time of transition to paid service;
funds to pay for the Paid Subscription are debited from the available monetary portion of the Account Balance, if such amount exists and may be used to make Payment; if such amount is insufficient, Payment is debited from the Payment Method linked to the Account, unless the Parties have agreed another procedure;
the Bonus received under the Trial Programme may not be used to pay for the Paid Subscription, unless the Special Trial Policy expressly provides otherwise.

11.5. If the Special Trial Policy provides for automatic transition to paid use, Servermall Cloud sends the User notice of the upcoming end of the Trial Period no later than the period established by the Special Trial Policy. If no such period is established, the notice is sent no later than 2 calendar days before the end of the Trial Period.

11.6. The notice must contain information about the upcoming end of the Trial Period, the composition of the Transitioning Resources, the possible consequences of completion, the estimated cost of paid use and the available ways to refuse paid continuation. The notice is sent to the client area and to the email address linked to the Account. If the relevant function is available in the Servermall Cloud interface, the notice may include a direct option to refuse paid continuation or confirm it.

11.7. The User’s failure to receive the notice by email does not affect the consequences provided by this Trial Policy and the Special Trial Policy if the notice was placed in the client area and Servermall Cloud took reasonable measures to send the notice to the email address linked to the Account.

11.8. If, at the end of the Trial Period, the User’s Account Balance has insufficient funds to pay for the Paid Subscription and, for reasons beyond the control of Servermall Cloud, Payment cannot be debited from the Payment Methods, access to the Transitioning Resources and management interfaces may be suspended until payment is received. If payment is not received within 3 calendar days from the end of the Trial Period, the consequences provided for Opt-Out apply, unless the Special Trial Policy establishes another period.

11.9. If the User unlinks the only verified Payment Method mandatory for the relevant Trial Programme and does not link another verified Payment Method, access to Test Resources may be suspended until a new Payment Method is linked and verified. If a new Payment Method is not linked and verified within 3 calendar days from unlinking, the consequences provided for Opt-Out apply, unless the Special Trial Policy establishes another period.

11.10. Payment for a Paid Subscription received after the consequences of Opt-Out have occurred does not lead to automatic resumption of access, operation of resources or restoration of data. Servermall Cloud may, but is not obliged to, resume access and operation of resources if technically possible and at its discretion. Restoration of previously deleted resources or data is not guaranteed and may be impossible.

11.11. Early transition to a Paid Subscription is permitted only in the manner established by the Special Trial Policy or agreed by Servermall Cloud. From the moment Servermall Cloud confirms early transition, Test Access is deemed ended early, unless Servermall Cloud has agreed another procedure.

11.12. Conversion of Transitioning Resources to paid service is deemed completed from the moment of proper payment for the Paid Subscription and in the absence of refusal by Servermall Cloud to create such Paid Subscription. From that moment, further relations between the User and Servermall Cloud concerning such resources are governed by the Agreement, applicable appendices and the terms of the Paid Subscription.

12. Data, Backup and Deletion

12.1. The User is responsible for data, configurations, accounts, keys, security settings, software and other content placed or created using Test Resources.

12.2. The User must independently ensure backup, export, transfer and retention of data, configurations and testing results both during the Trial Period and before submitting an Opt-Out, before the end of the Trial Period or before transition to paid use.

12.3. Servermall Cloud does not guarantee data preservation, the possibility of data restoration or availability of interfaces for data export after the end of the Trial Period, after Opt-Out, after suspension of Test Access or after early termination of the Trial Programme, unless the Special Trial Policy or applicable law expressly provides otherwise.

12.4. After Test Access terminates, Servermall Cloud may delete Test Resources and related data in the manner provided by this Trial Policy, the Special Trial Policy and the Agreement.

13. SLA, Warranties and Compensation

13.1. Unless the Special Trial Policy expressly provides otherwise, SLA, availability warranties, performance warranties, data preservation warranties, service credits and other compensation are not provided under Trial Programmes, except where mandatory requirements of applicable law provide otherwise.

13.2. Test Access is provided on the terms applicable to the Services under the Agreement, including the terms “as is, with all deficiencies” and “as available”, unless applicable law or a separate written agreement expressly provides otherwise.

13.3. Compensation for amendment, suspension, termination or cancellation of a Trial Programme at the initiative of Servermall Cloud is not paid, except in cases expressly provided by mandatory requirements of applicable law.

14. Amendment, Suspension and Termination of Trial Programmes

14.1. Servermall Cloud may amend this Trial Policy, amend the Special Trial Policy, change the parameters of a Trial Programme, suspend a Trial Programme or terminate a Trial Programme in full or in relation to an individual User.

14.2. If an amendment worsens the User’s position, it does not apply to already activated Test Access until the end of the relevant Trial Period, except where the amendment is necessary because of requirements of applicable law, security requirements, prevention of abuse, breach by the User of applicable Servermall Cloud documents, a requirement of a competent authority or technical impossibility of continuing to provide the Trial Programme.

14.3. Servermall Cloud may resume the User’s participation in a Trial Programme if the User expresses such intention through the ticket system or another channel specified by Servermall Cloud, and Servermall Cloud has the technical possibility to resume participation and considers such resumption appropriate. Resumption of participation is not guaranteed. Restoration of previously deleted data is not guaranteed.

15. Other Special Offers

15.1. This Trial Policy governs only Trial Programmes. Discounts, referral programmes, partner programmes, loyalty programmes and other special offers not connected with Test Access are governed by separate documents, the terms of the relevant offer or other terms published or provided by Servermall Cloud.

15.2. If a special offer combines Test Access with a bonus, discount, promotional credit or other benefit, it is deemed a Trial Programme to the extent that Test Access is provided to the User, unless the special terms of such offer expressly establish another contractual classification.

16. Final Provisions

16.1. The User’s participation in a Trial Programme ends without transition to paid use upon receipt of an Opt-Out, upon failure to comply with the terms for payment for a Paid Subscription, upon breach of applicable Servermall Cloud documents, upon suspension or termination of the Trial Programme at the initiative of Servermall Cloud, and in other cases provided by this Trial Policy or the Special Trial Policy.

16.2. Termination of participation in a Trial Programme does not release the User from obligations that by their nature should survive termination, including obligations to pay accrued amounts, comply with use restrictions, protect intellectual property rights, maintain confidentiality, indemnify losses and comply with applicable law.

16.3. If any provision of this Trial Policy is found to be unlawful, invalid or unenforceable, the remaining provisions remain in force to the maximum extent permitted.