Terms of Service

Last updated: April 5, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Fxolio LLC, a Wyoming limited liability company ("Fxolio," "we," "us," or "our"), governing your access to and use of the BareMetalServer.ai platform and all related services (collectively, the "Service"). By creating an account or using any part of the Service, you agree to be bound by these Terms in their entirety. If you do not agree, you must not use the Service.

1. Service Description

BareMetalServer.ai is a dedicated bare metal server reselling platform. We provision physical dedicated servers — not virtual machines or shared hosting — through our data center partners across multiple global locations, including Lithuania, the Netherlands, Germany, Sweden, the United States, and Singapore. We provide an online platform for ordering, managing, and monitoring these servers.

The Service includes access to our web-based control panel, server provisioning, operating system installation, and optional management features delivered through our server agent software. We act as a reseller of dedicated server infrastructure and do not own or operate the underlying data centers.

2. Account Registration

To use the Service, you must create an account through our authentication provider, Clerk. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must be at least 18 years of age to create an account. By registering, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into these Terms. If you are acting on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

You may not share, transfer, or sell your account to any other person or entity. You must notify us immediately at [email protected] if you suspect any unauthorized access to your account.

3. Payment Terms

All payments are processed securely through Stripe. By providing payment information, you authorize us to charge the applicable fees to your designated payment method. Server pricing is displayed on the platform and may be billed on an hourly or monthly basis, depending on the plan you select.

We reserve the right to change pricing at any time. Price changes will not affect existing active billing cycles but will take effect at the start of the next billing period. We will provide reasonable notice of pricing changes via email or through the platform.

4. Server Management Agent

We install a lightweight software agent on provisioned servers to enable management features, including but not limited to password resets, operating system reinstallation, server monitoring, and health reporting. This agent communicates with our platform to facilitate these features.

You may disable or remove the agent at your discretion. However, doing so will render certain management features unavailable through our control panel, and we will not be responsible for any loss of functionality that results from disabling or removing the agent. Reinstallation of the agent may be required if you later wish to restore these management capabilities.

5. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference. You agree to comply with the AUP at all times. Violation of the AUP may result in suspension or termination of your account without notice or refund.

You are solely responsible for all content stored on, transmitted through, or made accessible via your server. We do not monitor or control your server content except as described in the AUP or as required by law.

6. Service Availability

We strive to maintain high availability for all servers and the management platform. However, the Service is provided on a "best effort" basis, and we do not guarantee any specific level of uptime or availability. We do not currently offer a Service Level Agreement (SLA).

From time to time, servers or the platform may be temporarily unavailable due to maintenance, upgrades, hardware failures, network issues, or circumstances beyond our reasonable control, including actions by our data center partners. We will make commercially reasonable efforts to notify you of planned maintenance in advance, but we are not liable for any downtime or interruption in service.

7. Data and Backups

You are solely responsible for maintaining backups of all data stored on your servers. We do not perform automatic backups of your server data, and we are not liable for any loss of data for any reason, including hardware failure, accidental deletion, or account termination.

We may offer optional backup storage as part of the Service. Any backup storage provided is offered as a convenience and does not replace your obligation to maintain independent backups of your critical data. We make no guarantees regarding the integrity, availability, or recoverability of data in backup storage.

8. Intellectual Property

The BareMetalServer.ai platform, including its design, branding, software, documentation, and all related materials, is the property of Fxolio LLC and is protected by applicable intellectual property laws. These Terms do not grant you any rights to our trademarks, trade names, logos, or other proprietary designations.

You retain all rights to the content and software you install, store, or run on your provisioned servers. We claim no ownership of your data or intellectual property.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FXOLIO LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND DATA CENTER PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10. Indemnification

You agree to indemnify, defend, and hold harmless Fxolio LLC and its officers, directors, members, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms or the AUP; (c) your violation of any applicable law or regulation; or (d) any content stored on or transmitted through your server.

11. Termination

Either party may terminate the Service at any time. You may cancel your servers and close your account through the platform or by contacting us at [email protected]. We may terminate or suspend your account immediately and without prior notice if we determine, in our sole discretion, that you have violated these Terms or the AUP.

Upon termination, for any reason:

We will make reasonable efforts to provide notice before termination where practicable, but we are under no obligation to do so where termination is the result of a Terms or AUP violation.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Wyoming, and you consent to the personal jurisdiction of such courts.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and notify you via email or through the platform. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Service and close your account.

14. Miscellaneous

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms, together with the AUP and Privacy Policy, constitute the entire agreement between you and Fxolio LLC regarding the Service.

15. Contact Information

If you have any questions about these Terms, please contact us: