Terms of Service

1.1 These Terms of Service apply to the use of CloudPVP. CloudPVP comprises the CloudPVP game servers for Grand Theft Auto V on the FiveM platform with their gamemodes (currently Extinction, Streetfight, Free For All and Open Arena as well as private Arena matches), the website including the player panel (UCP) and the CloudPVP Discord server (together “CloudPVP”).

1.2 CloudPVP is provided by D.I-Solutions, owner David Ipekoglu, c/o Block Services, Stuttgarter Str. 106, 70736 Fellbach, Germany, e-mail: info@cloudpvp.xyz (the “Provider”). The full provider identification can be found in the Imprint.

1.3 “Player” means any person who uses CloudPVP. “Team” means the persons entrusted by the Provider with moderation and administration tasks. “Consumer” means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB).

1.4 The server rules and the Discord rules on the Rules page (together the “Rules”) form part of these Terms of Service. They specify the rules of conduct under clause 5. In the event of conflict, these Terms of Service prevail.

1.5 The Team’s administration panel (ACP) is reserved exclusively for authorised Team members.

1.6 Deviating or supplementary terms of the Player do not become part of the contract. The processing of personal data is governed by the Privacy Policy.

2.1 CloudPVP is an independent offering of the Provider. It is not affiliated with Rockstar Games, Take-Two Interactive, Cfx.re (FiveM) or Discord and is neither endorsed nor operated by them.

2.2 Grand Theft Auto, Rockstar Games, Take-Two Interactive, FiveM, Cfx.re and Discord are trade marks of their respective owners and are used here for descriptive purposes only.

2.3 The terms of the respective providers, in particular Rockstar Games or Take-Two Interactive, Cfx.re and Discord, apply additionally to Grand Theft Auto V, FiveM and Discord. The Player is responsible for complying with them. The Provider has no influence on these services or their availability.

3.1 To take part in the game, the Player needs:

• a legitimately acquired PC version of Grand Theft Auto V,
• the free FiveM client,
• a Discord account linked in FiveM.

3.2 The Player bears the costs of hardware, internet connection and the purchase of Grand Theft Auto V.

3.3 CloudPVP may only be used by persons aged at least 18, because Grand Theft Auto V is rated 18+ by USK and PEGI. The Provider may block accounts of persons who have not reached the minimum age.

3.4 Use of CloudPVP is free of charge. The free contract of use is concluded when the Player connects to a CloudPVP game server for the first time or signs in to the website with Discord. Paid packages are optional; clause 8 applies to them in addition.

4.1 Players are identified by the Discord ID of the Discord account linked in FiveM. Game progress, statistics, packages and sanctions are assigned to the game account identified in this way. Sign-in to the website and the player panel is also via Discord.

4.2 The Player chooses their in-game name. Names that are offensive, discriminatory or indecent, that are misleading about one’s identity (e.g. by imitating other players or Team members), that contain advertising or that infringe the rights of third parties are not permitted. The Team may require an impermissible name to be changed or change it itself.

4.3 To enforce bans, CloudPVP processes device-specific identifiers (hardware tokens) of the device used by the Player. Details are set out in the Privacy Policy.

4.4 The game account is personal and non-transferable. It may not be sold, given away, swapped or shared with others; using someone else’s account is also prohibited.

4.5 The Player protects their Discord account against unauthorised access and informs the Team without undue delay if they suspect misuse of their account.

4.6 Evading a ban is prohibited, in particular by using other accounts.

5.1 The Player complies with these Terms of Service, the Rules and applicable law and treats other players and the Team fairly and with respect.

5.2 The following are prohibited in particular:

• using cheats, injectors, mod menus, macros or any other third-party software that gives an advantage in the game,
• exploiting software errors (bugs, exploits),
• attacks on the servers, the website or any other infrastructure of CloudPVP (e.g. DDoS attacks or circumventing security measures) as well as automated access to the website and its interfaces (e.g. scraping or bots querying the API),
• harassment, insults, discrimination and threats,
• impersonating a Team member,
• advertising other servers without the Team’s prior permission,
• trading in-game currency, items or accounts for real money or any other consideration of monetary value (real-money trading),
• any other unlawful conduct.

5.3 The Player reports bugs and security vulnerabilities to the Team (e.g. via the Discord server) instead of exploiting or spreading them.

6.1 To protect fair play, CloudPVP uses a server-side anticheat system. The Privacy Policy explains which data it processes.

6.2 In the event of breaches of these Terms of Service or the Rules, the Team may impose the following sanctions:

• warning,
• kick (disconnection from the game server),
• mute,
• temporary or permanent ban.

Bans may apply both to the game account and to the device used (clause 4.3).

6.3 The sanction depends on the nature, severity and frequency of the breach and on the circumstances of the individual case. In the event of serious breaches, in particular cheating or attacks on the infrastructure, an immediate permanent ban without prior warning is possible. Sanctions may also be triggered automatically by the anticheat system.

6.4 Sanctions are logged. The Player can view their active and past sanctions, including the reason, in the player panel.

6.5 The Player submits appeals against sanctions to the Team via the CloudPVP Discord server. Every appeal is reviewed objectively and fairly; there is no entitlement to a particular decision. The Player’s statutory rights remain unaffected.

6.6 Further rights of the Provider, in particular to terminate (clause 12) and to claim damages, remain unaffected.

7.1 In-game currency, items, statistics, levels and other game progress (together “virtual content”) are purely virtual. They have no monetary value and can neither be paid out nor exchanged for real money or for other goods or services outside the game.

7.2 The Player acquires no ownership of virtual content, but only a simple, non-transferable and revocable right to use it in the game in accordance with these Terms of Service.

7.3 Game progress is kept separately for each gamemode and is not transferred between gamemodes.

7.4 The Provider may adjust, redesign or reset virtual content where this is necessary for balanced and fair gameplay or for technical reasons, for example through balancing changes or a reset of the in-game economy (economy reset). In doing so, the Provider takes appropriate account of the Players’ interests and, where reasonable, announces major interventions such as resets in advance on the website or the Discord server.

7.5 The Provider may remove or correct virtual content obtained through bugs, exploits or other rule breaches.

7.6 Rights arising from paid packages (clause 8) remain unaffected by this clause.

8.1 Packages grant the Player additional benefits for a certain period. They are assigned to the game account and can be viewed in the player panel. Packages can be purchased for a fee or granted free of charge by the Team. Content, benefits, term and price result from the package description at the time of purchase.

Besides cosmetic benefits, packages may also include gameplay advantages. The respective package description states which ones.

8.2 The presentation of packages is not a legally binding offer. The contract for a paid package is concluded when the Player completes the ordering process via the shop or payment service provider specified at purchase and confirms the order as subject to payment by clicking the order button. Until then, the Player can review and correct their entries at any time.

8.3 The contract language is German. After conclusion of the contract, the Provider makes the contract content, including these Terms of Service and the withdrawal instructions, available to the Player on a durable medium (e.g. by e-mail). These Terms of Service can also be accessed on this page at any time.

8.4 The price stated at purchase applies. All prices are final prices; due to the small business regulation pursuant to Section 19 UStG, no value added tax is levied or shown. Payment is made via the payment service provider specified at purchase using the payment methods offered there; its terms apply additionally.

8.5 The package is activated after receipt of payment and assigned to the game account specified at purchase. The term begins upon activation; when it expires, the package ends automatically without the need for notice and is not renewed. Packages cannot be transferred to other game accounts.

8.6 If a payment is reversed without justified reason (e.g. by a chargeback), the Provider may deactivate the package concerned until settlement. The Player’s statutory rights, in particular the right of withdrawal and the rights in respect of defects, remain unaffected.

8.7 The Provider may change the benefits of a running paid package only for a valid reason (for example for game balance, for security or due to technical or legal requirements) and only insofar as this is reasonable for the Player and causes them no additional costs. If a change impairs the use of the package more than insignificantly, the Provider informs the Player clearly and comprehensibly on a durable medium in good time beforehand. The Player may then terminate the contract for the package free of charge within 30 days (Section 327r BGB); fees paid in advance for the period no longer provided are refunded pro rata.

8.8 If a Player is banned for a breach of these Terms of Service or the Rules for which they are responsible, this does not give rise to a claim for reimbursement of fees already paid, unless the law provides otherwise.

8.9 The provisions of this clause on conclusion of contract, price, payment and reimbursement as well as the right of withdrawal (clause 9) do not apply to packages granted free of charge by the Team.

For contracts for paid packages, consumers have the following statutory right of withdrawal. Entrepreneurs have no right of withdrawal.

Withdrawal instructions

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (D.I-Solutions, owner David Ipekoglu, c/o Block Services, Stuttgarter Str. 106, 70736 Fellbach, Germany, e-mail: info@cloudpvp.xyz) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. For such reimbursement, we will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the performance of the service should begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your exercise of the right of withdrawal with regard to this contract, in comparison with the full coverage of the services provided for in the contract.

Expiry of the right of withdrawal. In the case of a contract for the supply of digital content not supplied on a tangible medium, the right of withdrawal expires if we have begun performance of the contract after you (1.) expressly consented to us beginning performance of the contract before the expiry of the withdrawal period, (2.) confirmed your knowledge that by giving your consent you lose your right of withdrawal upon the beginning of performance of the contract, and (3.) we provided you with a confirmation of the contract in accordance with Section 312f BGB.

In the case of a contract for the provision of services, the right of withdrawal expires if we have fully performed the service and only began performing it after you gave your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal upon complete performance of the contract by us.

Model withdrawal form

(If you wish to withdraw from the contract, please fill in this form and send it back.)

• To D.I-Solutions, owner David Ipekoglu, c/o Block Services, Stuttgarter Str. 106, 70736 Fellbach, Germany, e-mail: info@cloudpvp.xyz:
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)/for the supply of the following digital content (*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.

10.1 The Provider endeavours to keep operation as free of disruption as possible but does not owe uninterrupted availability of CloudPVP. Maintenance work, updates, technical faults, attacks by third parties, outages at third-party providers (e.g. FiveM, Discord or hosting providers) and events of force majeure may lead to temporary restrictions. The Provider announces planned maintenance in advance where possible.

10.2 CloudPVP is continuously developed further. The Provider may change, extend or remove gamemodes, features and content. Clause 8.7 applies to running paid packages.

10.3 The Provider may discontinue the free operation of CloudPVP in whole or in part at any time. Where possible, the Provider announces a complete discontinuation with reasonable notice on the website and the Discord server. Running paid packages are honoured until the end of their term; if this is not possible, the Provider refunds fees paid in advance for the period no longer provided on a pro rata basis. Further statutory rights remain unaffected.

10.4 The rights of consumers in the event of defects in digital products (Sections 327 et seq. BGB) remain unaffected.

11.1 The content of CloudPVP, in particular program code and scripts, graphics, texts, logos and the design of the website, is protected by copyright and belongs to the Provider or its licensors.

11.2 The Player may use this content only within the scope of the intended use of CloudPVP. Copying, extracting, modifying, passing on or publishing it (including files that are transferred to the Player’s device while playing) requires the Provider’s prior consent, unless expressly permitted by law.

12.1 The free contract of use runs for an indefinite period. The Player may stop using CloudPVP at any time without notice.

12.2 The Player may request the deletion of their data at any time, e.g. by e-mail to info@cloudpvp.xyz. Upon deletion, game progress, virtual content and running packages are irretrievably lost. Details are set out in the Privacy Policy.

12.3 In the event of serious or repeated breaches of these Terms of Service or the Rules, the Provider may permanently ban the Player’s account and terminate the contract of use for good cause. If the Player has a running paid package, this is preceded by a warning, unless the breach is so serious that immediate exclusion is justified (e.g. cheating or attacks on the infrastructure). Clause 8.8 applies to fees already paid.

12.4 In all other respects, the right of both parties to extraordinary termination for good cause remains unaffected.

13.1 The Provider is liable without limitation in the event of intent and gross negligence, in the event of culpable injury to life, body or health, under the provisions of the German Product Liability Act as well as to the extent of a guarantee assumed.

13.2 In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Player may regularly rely), liability is limited to the typical, foreseeable damage. In all other respects, liability for slight negligence is excluded.

13.3 The above limitations of liability also apply for the benefit of the Provider’s legal representatives and vicarious agents, including Team members.

14.1 The Provider may amend these Terms of Service with effect for the future where there is a valid reason (for example changes in the law or case law, changed terms of FiveM or Discord, new gamemodes and features or reasons of security) and the Players are not unreasonably disadvantaged as a result.

14.2 The new version is published on the website and announced on the Discord server in good time before it takes effect. It applies to free use from the date it takes effect. If the Player does not agree with it, they may stop using CloudPVP at any time and request the deletion of their data.

14.3 For running paid packages, material amendments only take effect with the Player’s express consent; without consent, the previous version continues to apply to the package until the end of its term. Changes to the benefits of a package are governed solely by clause 8.7.

14.4 The Provider may adapt the Rules with effect for the future to ensure fair and orderly gameplay, insofar as they specify the rules of conduct under clause 5 and do not affect rights arising from paid packages. Changes are published on the Rules page and announced on the Discord server.

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).

16.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the Player is a consumer with habitual residence abroad, mandatory consumer protection provisions of their country of residence remain unaffected.

16.2 If the Player is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of the Provider.

16.3 Should individual provisions of these Terms of Service be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.

16.4 The German version of these Terms of Service is authoritative. The English version is a non-binding translation.