Trial Policy
This document, the "Peerobyte Trial Policy" (the "Trial Policy"), forms an integral part of the Peerobyte Customer Agreement (the "Agreement") and sets out the principles, terms, and procedures followed by VIRTUAL NETWORK LAB L.L.C-FZ and its Affiliates (collectively, "Peerobyte", "We", or "Us"), which are the owners and operators of the website www.peerobyte.com ("peerobyte.com", the "Site"), in their interaction with users (the "Client", "You", or "User") within trial, test, introductory, and similar Peerobyte programmes intended to provide temporary access to the Services, resources, functionality, promo credits, discounts, or other benefits for the purpose of evaluating the Peerobyte Services.
1. Terms and Definitions
1.1. "Trial Programme" means a Peerobyte programme under which the User is given Test Access to a Peerobyte Service, resources, or functionality for a limited period and on special terms, and, if provided by the Special Trial Policy, a promo credit, discount, or other benefit connected with such Test Access.
1.2. "Test Access" means temporary access by the User to a Peerobyte Service, resources, or functionality within a Trial Programme.
1.3. "Test Period" means the period for which Test Access is provided, as established by the Special Trial Policy or by the Peerobyte interface in accordance with such Special Trial Policy.
1.4. "Test Resources" means resources, services, projects, account-related and technical capabilities provided to the User as part of Test Access.
1.5. "Programme Parameters" means the set of terms of a specific Trial Programme, including the programme name, available Service, period, quotas, limits, bonuses, Payment Method requirements, activation procedure, completion procedure, and rules for transition to paid use.
1.6. "Bonus" or "Promo Credit" means a conditional accounting value reflected in the Peerobyte accounting system in relation to the User Account and provided only for the purposes expressly stated in the Special Trial Policy. A Bonus is not User funds and cannot be paid out, exchanged, sold, transferred to third parties, withdrawn, or used outside the purposes of the relevant Trial Programme.
1.7. "Carry-over Resources" means Test Resources that, under the terms of the relevant Trial Programme, may continue to operate on a paid basis after the end of the Test Period.
1.8. "Paid Subscription" means a Subscription to a Peerobyte Service arranged for Carry-over Resources after the end of the Test Period or upon an early transition to paid use.
1.9. "Opt-out" means an explicit action by the User aimed at ending participation in a Trial Programme and refusing paid continuation of the use of Carry-over Resources, if the relevant Trial Programme allows such continuation.
1.10. "Verification" means a set of checks that Peerobyte may conduct before providing Test Access and/or during the Test Period, including checks of Registration Data, contact details, Payment Method, 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 related to preventing abuse, fraud, security breaches, breaches of applicable Peerobyte documents, and breaches of law.
1.11. "Individual Trial Programme Agreement" means a separate written paper document or electronic document entered into between Peerobyte and the User or the organisation represented by the User, which expressly governs Test Access or a Trial Programme and changes, supplements, replaces, or excludes the application of this Trial Policy, the applicable Special Trial Policy, or any of their individual provisions. Such document may also establish unique Special Trial Policy terms for a specific User, Account, organisation, project, or defined group of participants. The name of the document is not relevant if its content allows it to be identified as an Individual Trial Programme Agreement.
1.12. Capitalised terms that are not defined in this Trial Policy have the meanings given 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 states otherwise.
2.2. For each separate Trial Programme, Peerobyte publishes a separate document with the special terms of the relevant programme (the "Special Trial Policy"). The Special Trial Policy specifies this Trial Policy for the separate programme and may establish the period, scope of access, quotas, limits, bonuses, Payment Method requirements, activation procedure, completion procedure, whether automatic transition to paid use is available or not, and other parameters of such programme.
2.3. In the event of inconsistencies 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 expressly governs the relevant Trial Programme, Test Access, Carry-over 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 Peerobyte 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 change this Trial Policy or the Special Trial Policy and do not constitute an Individual Trial Programme Agreement, unless they expressly show an intention agreed by the Parties to change the terms of Test Access or the Trial Programme. In the event of inconsistency, the applicable contractual documents prevail.
2.5. The requirements of the Acceptable Use Policy, No Spam Policy, Intellectual Property Policy, and other applicable Peerobyte documents must be complied with in all cases. If an Individual Trial Programme Agreement, this Trial Policy, or the Special Trial Policy contains requirements that are less strict than the Acceptable Use Policy, No Spam Policy, Intellectual Property Policy, or other applicable Peerobyte 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 Peerobyte documents apply.
3. Legal Nature and Purposes of Trial Programmes
3.1. Trial Programmes are provided at the discretion of Peerobyte, 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 suitability of Peerobyte Services for subsequent paid use;
- to train the User to work with Peerobyte Services;
- to conduct proof of concept, development, testing, demonstration, and limited pilot evaluation;
- to collect and analyse aggregated or generalised data on Service usage patterns to optimise the parameters of Trial Programmes and the quality of Peerobyte Services. Aggregated or generalised data means data that does not allow the User or other data subjects to be identified directly or indirectly. If such data allows identification, it is processed as personal data in the manner established by the Agreement and applicable Peerobyte privacy policies.
3.3. Providing 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 period will be extended, that discounts will be provided, or that a subsequent Paid Subscription will be approved.
4. Participant Requirements
4.1. A User may participate in a Trial Programme if the User meets the requirements of the Agreement, this Trial Policy, the Special Trial Policy, and other applicable Peerobyte documents.
4.2. Unless the Special Trial Policy states 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 bypassed the restrictions of Peerobyte Trial Programmes.
4.3. Peerobyte may take into account matches between the Account, email address, telephone number, Payment Method, organisation, IP addresses, devices, network parameters, and payment, account-related, technical, and organisational attributes to check compliance with the one-time participation restriction and to prevent abuse.
4.4. To participate in a Trial Programme, the User must have a verified email address, a verified mobile telephone 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 they have 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 Peerobyte interface.
5.2. If applicable to the relevant Trial Programme, the User must:
- register a Peerobyte 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 telephone number;
- accept the Agreement, this Trial Policy, the Special Trial Policy, and other applicable Peerobyte documents;
- link and verify a Payment Method, if required by the Special Trial Policy;
- complete additional checks if Peerobyte considers them reasonably necessary;
- complete the actions specified in the interface, activation instructions, and Peerobyte support requests relating to activation of the Trial Programme;
- if automatic transition to paid use is available, give consent to the arrangement of a Paid Subscription and charging of the 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. Completion by the User of activation actions, including acceptance of applicable documents, linking and verification of a Payment Method, performance of a verification transaction, submission of an application, and completion of actions in the Peerobyte interface, does not oblige Peerobyte to provide Test Access. Test Access is provided after the activation conditions have been met, the applicable Verification has been completed, and the User or Account has been approved by Peerobyte, if such approval is required.
5.4. Until the applicable Verification has been completed, Peerobyte may:
(a) defer the start of the Test Period and deployment of Test Resources;
(b) request additional documents, information, confirmations, or explanations;
(c) refuse to activate Test Access in the cases provided by this Trial Policy, the Special Trial Policy, the Agreement, or applicable law;
(d) offer the User a Paid Subscription without providing Test Access. Such offer does not oblige the User to arrange a Paid Subscription and does not limit the right of Peerobyte to refuse Test Access.
5.5. Peerobyte may refuse to activate Test Access without being obliged to disclose internal review criteria, if such refusal is connected with prevention of abuse, security requirements, compliance with law, sanctions or export restrictions, protection of the Peerobyte platform, rights of third parties, or other reasonable risks.
6. Test Resources, Quotas, and Bonuses
6.1. The composition of Test Resources, quota amounts, limits, available interfaces, availability of a Promo Credit, the procedure for its accrual and debiting, 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 states otherwise, the User may not require an increase in quotas, an extension of the period, or expansion of the composition of Test Resources within Test Access.
6.3. Peerobyte may account for Test Resources, Promo Credits, and other benefits of the Trial Programme in the User Account and in Peerobyte accounting systems. Data in Peerobyte accounting systems prevail when determining the start and end of the Test Period, the composition of resources, accruals, debits, the status of the Trial Programme, and other technical facts.
6.4. Bonuses and Promo Credits are not User funds and do not create any debt owed by Peerobyte 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 Test Period, upon an 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 cannot be paid out, refunded, or compensated.
6.6. If Test Access is provided on condition that a verified Payment Method is available, the User must maintain such Payment Method throughout the Test Period, unless the Special Trial Policy states otherwise.
7. Permitted Use of Test Resources
7.1. Unless the Special Trial Policy states 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 stated purposes, the User may use Test Resources for internal commercial evaluation of Peerobyte Services, including checking the suitability of the Services for future paid use, developing and testing products of the User, and demonstrating test and pilot environments to the employees, contractors, investors, partners, or potential customers of the User, provided that such environments are not used as a full production environment and are not an independent source of income from the operation of Test Resources.
7.3. Limited pilot operation is permitted only in relation to non-critical applications, interfaces, test environments, or other solutions, if such operation is carried out to check the suitability of Peerobyte Services for subsequent paid use, is not material for continuity of the activities of the User or third parties, is not used for processing 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 on condition that such actions do not create a significant network, disk, computing, or other load capable of affecting the Peerobyte platform or other users.
7.5. Load testing, stress tests, mass generation of network traffic, long tests of maximum resource utilisation, and public benchmark testing of the Peerobyte platform or its components are permitted only with prior written approval from Peerobyte.
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 Peerobyte documents apply to Test Resources in full, regardless of whether such activity is mentioned in this section. This section establishes additional restrictions caused by 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 the above documents.
8.2. Unless the Special Trial Policy expressly states otherwise in relation to the additional restrictions of this section and subject to compliance with clause 8.1 of this Trial Policy, Test Resources must not be used for:
- full production operation of live environments, critical sites, applications, interfaces, production business processes, production transactions, customer 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 an independent paid service, paid function, element of a commercial service, managed service, outsourcing, service for an external customer, or other commercially operated model, if such use goes beyond the evaluation of Peerobyte Services for subsequent paid use;
- storing, processing, or transmitting data that is sensitive, regulated, or critical in terms of loss or disclosure, including payment data, bank details, data constituting financial, state, or official secrets, medical data, biometric data, special categories of personal data, mass 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, their end users, customers, or other third parties within working 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, provided that the Agreement, applicable Peerobyte policies, this Trial Policy, and the Special Trial Policy are complied with.
9. Checks, Refusal, Suspension, and Early Termination
9.1. Peerobyte may request from the User documents and information that are reasonably necessary to check Registration Data, authority of a representative of an organisation, ownership or right to use the Payment Method, compliance with the one-time participation restriction, compliance with applicable Peerobyte documents, and also to check suspicions of abuse, fraud, security breach, or breach of law.
9.2. Depending on the purpose of the check, Account type, User type, terms of the relevant Trial Programme, and the nature of the identified risks, Peerobyte may request, if this is 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, usually issued no earlier than 3 months before the date of the request;
- a document from a bank, payment provider, or another reasonable document confirming ownership 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 incomplete 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 on 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. Peerobyte may accept alternative documents or information if they allow the purpose of Verification to be achieved. Peerobyte is not obliged to accept a document or information if it does not allow the relevant circumstances to be checked, creates reasonable doubts about authenticity, currency, 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, dedicated secure forms, payment gateways, or other channels expressly specified by Peerobyte for the relevant category of information, in the manner established by the Agreement, the Peerobyte request, or the Peerobyte interface.
9.5. Peerobyte 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 details, or other secrets outside dedicated secure forms and payment gateways, if such forms or gateways are intended for entering the relevant information. For the purposes of Payment Method Verification, Peerobyte 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. Peerobyte may refuse to provide Test Access to the User, suspend Test Access, or terminate the participation of the User in the Trial Programme early if one or more of the following circumstances exist:
- 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 Peerobyte documents;
- failure to provide requested documents or information within 7 calendar days from the request, unless Peerobyte has agreed another period;
- objectively confirmed circumstances indicating material financial, legal, technical, reputational, or regulatory risks for Peerobyte;
- indications of fraud, circumvention of Trial Programme restrictions, breach of sanctions or export restrictions, use of inaccurate Registration Data, large numbers of complaints, breaches of the Acceptable Use Policy, No Spam Policy, Intellectual Property Policy, or information security requirements;
- determination, based on the check results, that providing Test Access to the User does not correspond to the purposes of the relevant Trial Programme or to the stated purposes of using Test Resources;
- inability to maintain the required verified Payment Method, if such condition is established by the Special Trial Policy;
- technical impossibility, requirements of applicable law, requirements of a competent authority, or the need to protect the Peerobyte platform, Users, or third parties.
9.7. Peerobyte notifies the User of refusal, suspension, or early termination through the client area, ticket system, email, or another available electronic channel. Peerobyte may state the grounds in a general form and may choose not to disclose details of the procedures and criteria for countering fraud, abuse, and security threats.
9.8. The User may submit through the Peerobyte ticket system a reasoned request, objection, additional documents, information, confirmations, or explanations within 7 calendar days from receiving a notice of refusal, suspension, early termination, or deferred activation of Test Access, unless the Special Trial Policy establishes another period. Such request may be submitted, among other things, to complete Verification or remove the circumstances that served as grounds for refusal, suspension, early termination, or deferred activation.
9.9. Peerobyte 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, restore Test Access, continue Verification, request additional documents, or leave the previous decision unchanged. Peerobyte 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 Test Period is determined by the Special Trial Policy. Unless the Special Trial Policy establishes another procedure, the Test Access period is calculated from the actual activation or deployment of Test Resources in the Peerobyte system and is determined by Peerobyte billing time as established by the Agreement.
10.2. Test Access ends upon the earliest of the following events:
- expiry of the Test Period;
- receipt by Peerobyte of an Opt-out;
- early transition of the User to a Paid Subscription, if permitted;
- refusal by Peerobyte to provide or continue Test Access;
- suspension or termination of the Trial Programme at the initiative of Peerobyte;
- breach by the User of applicable Peerobyte documents;
- another circumstance provided by the Agreement, this Trial Policy, or the Special Trial Policy.
10.3. The User may terminate participation in the Trial Programme before the end of the Test Period by submitting an Opt-out through the Peerobyte Site interface, the Peerobyte ticket system, or another method provided by the Special Trial Policy.
10.4. If an Opt-out is submitted through the ticket system, it is deemed received by Peerobyte from the date and time of registration of the relevant ticket in the Peerobyte system, unless the Special Trial Policy establishes another time.
10.5. Before submitting an Opt-out, the User must independently back up, export, and save the required data, configurations, and testing results. After receiving an Opt-out, Peerobyte does not guarantee the preservation of data, the availability of interfaces for data export, or the possibility of data recovery.
10.6. Consequences of an Opt-out:
- access to management interfaces and Test Resources may be suspended immediately;
- operation of Test Resources may be suspended;
- if there are no indications of abuse, security breach, breach of law, or breach of applicable Peerobyte documents, Peerobyte may provide a period of up to 3 calendar days for data export, if this is technically possible;
- data on Test Resources may be deleted after the export period expires;
- immediate deletion is permitted if there is a security threat, indications 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;
- participation of the User in the Trial Programme ends;
- if the relevant Trial Programme provides for automatic transition to paid use, the Paid Subscription for Carry-over Resources is not arranged and the Payment for the following payment periods of use of such resources is not charged;
- the Bonus provided under the Trial Programme cannot be paid out, issued, or compensated. Refunds of money, including amounts of Payment Method verification transactions, if applicable, are made only 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 Test Period.
11.2. If the Special Trial Policy provides for automatic transition to paid use and Peerobyte has not received an Opt-out before the end of the Test Period, the Carry-over Resources continue to operate on a paid basis under a Paid Subscription after the end of the Test Period.
11.3. By accepting the Special Trial Policy and activating Test Access within a Trial Programme with automatic transition to paid use, the User gives advance consent to the arrangement of a Paid Subscription for Carry-over Resources and to the charging of the 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 states otherwise, the Paid Subscription is arranged 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 Carry-over Resources correspond to the scope of Test Resources at the time of transition, unless otherwise agreed by the Parties;
- the resource unit price, accrual procedure, taxes, commissions, debit procedure, overdue payment, and consequences of non-payment are determined by the current tariffs, the Agreement, and applicable appendices;
- the payment period is determined by the Agreement, the Special Trial Policy, or the Peerobyte interface;
- the project, related data, configurations, and credentials may be retained in the form in which they existed at the time of transition to paid service;
- funds for payment of the Paid Subscription are debited from the available monetary part of the Account Balance, if such balance exists and may be used to make the Payment; if such balance is insufficient, the Payment is debited from the Payment Method linked to the Account, unless another procedure is agreed by the Parties;
- a Bonus received under the Trial Programme may not be used to pay for the Paid Subscription unless the Special Trial Policy expressly states otherwise.
11.5. If the Special Trial Policy provides for automatic transition to paid use, Peerobyte sends the User a notice of the upcoming end of the Test Period no later than the period established by the Special Trial Policy. If such period is not established, the notice is sent no later than 2 calendar days before the end of the Test Period.
11.6. The notice must contain information about the upcoming end of the Test Period, the composition of Carry-over Resources, the possible consequences of completion, the estimated cost of paid use, and the available methods for refusing 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 Peerobyte interface, the notice may include a direct option to refuse paid continuation or confirm it.
11.7. Failure by the User 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 Peerobyte took reasonable measures to send the notice to the email address linked to the Account.
11.8. If, at the end of the Test Period, the Account Balance of the User has insufficient funds to pay for the Paid Subscription and, for reasons beyond the control of Peerobyte, the Payment cannot be debited from the Payment Methods, access to Carry-over 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 Test Period, the consequences provided for an Opt-out occur, unless the Special Trial Policy establishes another period.
11.9. If the User removes the only verified Payment Method required 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 the removal, the consequences provided for an Opt-out occur, unless the Special Trial Policy establishes another period.
11.10. Payment for a Paid Subscription received after the consequences of an Opt-out have occurred does not result in automatic restoration of access, operation of resources, or data recovery. Peerobyte may, but is not obliged to, restore access and operation of resources if technically possible and at its discretion. Recovery 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 Peerobyte. From the moment Peerobyte confirms the early transition, Test Access is considered completed early, unless Peerobyte has agreed another procedure.
11.12. The transfer of Carry-over Resources to paid service is considered completed from the moment of proper payment for the Paid Subscription and the absence of refusal by Peerobyte to arrange such Paid Subscription. From that moment, further relations between the User and Peerobyte in relation to such resources are governed by the Agreement, applicable appendices, and the Paid Subscription terms.
12. Data, Backup, and Deletion
12.1. The User is responsible for data, configurations, accounts, keys, security settings, software, and other Content hosted or created using Test Resources.
12.2. The User must independently back up, export, migrate, and save data, configurations, and testing results both during the Test Period and before submitting an Opt-out, before the end of the Test Period, or before transition to paid use.
12.3. Peerobyte does not guarantee the preservation of data, the possibility of data recovery, or the availability of interfaces for data export after the end of the Test Period, after an 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 ends, Peerobyte may delete Test Resources and data related to them 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 states otherwise, SLA, availability warranties, performance warranties, data preservation warranties, service credits, and other compensation under Trial Programmes are not provided, 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 change, suspension, termination, or cancellation of a Trial Programme at the initiative of Peerobyte is not paid, except in cases expressly provided by mandatory requirements of applicable law.
14. Change, Suspension, and Termination of Trial Programmes
14.1. Peerobyte may change this Trial Policy, change 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 a change worsens the position of the User, it does not apply to Test Access that has already been activated until the end of the relevant Test Period, except where the change is necessary due to requirements of applicable law, security requirements, prevention of abuse, breach by the User of applicable Peerobyte documents, a requirement of a competent authority, or technical impossibility of further providing the Trial Programme.
14.3. Peerobyte may resume the participation of the User in a Trial Programme if the User expressed such intention through the ticket system or another channel specified by Peerobyte, and Peerobyte has the technical ability to resume participation and considers such resumption appropriate. Resumption of participation is not guaranteed. Recovery 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 Peerobyte.
15.2. If a special offer combines Test Access with a bonus, discount, promo credit, or other benefit, it is considered a Trial Programme in the part in which Test Access is provided to the User, unless the special terms of such offer expressly establish another contractual classification.
16. Final Provisions
16.1. Participation of the User in a Trial Programme ends without transition to paid use upon receipt of an Opt-out, if the payment terms for the Paid Subscription are not complied with, upon breach of applicable Peerobyte documents, upon suspension or termination of the Trial Programme at the initiative of Peerobyte, 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 must survive termination, including obligations to pay accrued amounts, comply with use restrictions, protect intellectual property rights, maintain confidentiality, compensate losses, and comply with applicable law.
16.3. If any provision of this Trial Policy is held to be illegal, invalid, or unenforceable, the remaining provisions remain in force to the maximum extent permitted.