Last updated: 1/9/2026

 1. Subject Matter and Scope

These Terms of Use apply to the hosting services and related digital services (hereinafter the “Services”) provided by PERFORMANCE TECHNOLOGIES S.A. (the “Company”) to its customers (hereinafter the “Customers” or “Recipients of the Service”).

2. Use of the Services

2.1        The Services are only provided pursuant to a written agreement entered into between the Customer and the Company (the “Agreement”). These Terms form an integral of the Agreement and govern the Customer’s use of the Services.

2.2        The Customer shall implement appropriate organisational and technical measures to prevent unauthorised access to the Services or use thereof in breach of the restrictions set out in the following paragraph.

2.3        The Customer undertakes to use the Services for lawful purposes exclusively, in accordance with applicable national, Union and international law, and in a manner that does not adversely affect the security, integrity, availability or proper functioning of the Services or of the Company’s systems and networks.

In particular, the Services may not be used for:

1. fraudulent purposes, phishing, impersonation or any other unlawful activity, including the dissemination of content intended to unlawfully obtain information or credentials belonging to third parties or to obtain an unlawful financial or other economic benefit;
2. the purpose of obtaining or attemtping to obtain unauthorised access to servers, systems, networks, infrastructure, applications or data of the Company or third parties, or for the purpose of circumventing, breaching or disabling security, access-control or authentication mechanisms;
3. the installation or transmission of viruses, malware or other malicious software, code, files or programs designed or used to disrupt, interrupt, alter, destroy or otherwise interfere with the operation of systems, networks, services or data;
4. the infringement of intellectual or industrial property rights, including the unauthorised storage, reproduction, making available or distribution of protected works, software, databases, etc;
5. the unlawful processing of personal data or other confidential or privileged information, in breach of applicable law or the rights of third parties;
6. the unlawful sale, promotion, advertising or supply of products or services, as well as the facilitation of transactions or activities prohibited under applicable law;
7. the storage, transmission, hosting or dissemination of illegal or otherwise offensive, threatening, defamatory, abusive or harmful content, including material involving the sexual abuse or exploitation of minors, content that may be used to carry out or facilitate illegal activities, or content that otherwise infringes provisions of criminal, civil or public law or any other national, Union or international legislation;
8. the storage, transmission, hosting or dissemination of terrorist content within the meaning of Regulation (EU) 2021/784;
9. the transmission of unsolicited electronic communications or the carrying out of other mass electronic marketing activities, including use of the Services for the distribution of spam;
10. any other use of the Services that infringes applicable law, a binding decision or order of a competent authority, third-party rights, these Terms or any other terms of the Agreement.

The Customer undertakes to notify the Company as soon as it becaomes aware of any actual or suspected breach of the above restrictions and to take all reasonable measures to prevent or remedy such breach.

3. Customer Responsibility for Use of the Services

3.1        The Customer is solely and exclusively responsible for:

1. the data, information, files, applications, software and any other content that it installs, stores, transmits, distributes, makes accessible or otherwise manages through the Services, as well as for the lawfulness of the collection, use, processing, storage, transmission and making available thereof by the Customer or by persons to whom the Customer grants, directly or indirectly, access; and
2. obtaining and maintaining in force any licences, approvals or rights required for the use, reproduction, processing, storage or making available of the above content through the Services.

3.2        The Customer shall indemnify and hold the Company harmless from and against any claim, demand, loss, liability, cost or expense arising out of or relating to the unlawful use of the Services, or the use thereof in breach of these Terms, by the Customer or by persons to whom it has granted, directly or indirectly, access. The Company shall bear no liability towards the Customer or any third party for any loss or damage resulting from such use.

In the event of a breach of these Terms of Use, the Customer shall fully compensate the Company for any loss or damage suffered by the Company as a consequence of such breach.

4. Content Monitoring and Moderation

4.1     The Company does not carry out general or proactive monitoring of content stored or transmitted by the Customer through the Services, nor does it undertake own-initiative investigations aimed at detecting, identifying or removing illegal content.

4.2        Without prejudice to the above, the Company is entitled and, where required by applicable law, obliged to take such measures as may be necessary in the circumstances to address illegal content within its Services, in particular where:

1. it becomes aware of a sufficiently substantiated notice to that effect, in accordance with Article 5 below;
2. it receives an order, decision or request from a competent judicial, prosecutorial, administrative or other public authority;
3. it becomes aware of information, indications or factual circumstances from which the existence of illegal content or the commission of illegal acts through the Services is established or may reasonably be suspected;
4. the Customer is found to be in breach of these Terms of Use or the Agreement;
5. the Company has reasonable grounds to believe that the Customer’s actions may cause harm to other recipients of the Service; or
6. urgent measures are required to protect the security, integrity, availability or proper functioning of the systems, networks, services or data of the Company or third parties.
7.  

5. Notices of Illegal Content

5.1     Any individual or entity may submit a notice concerning the presence on the Services of information that it considers to constitute illegal content, through the dedicated form available on the Company’s website: https://www.performance.gr/dsa-en/

5.2        The notice should, to the extent possible, include:

1. a sufficiently substantiated explanation of the reasons why the information in question is alleged to be illegal;
2. a clear indication of the exact electronic location of the information, such as the URL, domain name, IP address or other appropriate technical information; and
3. the name or company name and email address of the notifier, except in cases where anonymous submission is permitted.

Notices shall be submitted in good faith and should, at the time of submission and to the extent possible, contain accurate, truthful and complete information and allegations.

The Company shall, without undue delay, send an acknowledgement of receipt of the notice to the email address provided.

5.3        The Company may request from the notifier additional information, clarifications or evidence where these are considered necessary to locate the information concerned, establish the relevant facts or assess the notice. Such communication shall take place through the email address provided when the notice was submitted.

5.4        The Company shall review the notice in accordance with the procedure set out below and shall, without undue delay, notify the notifier of its decision in respect of the information to which the notice relates. The Company shall also provide information on any action taken or envisaged and, where applicable, on the available means of redress in respect of any decision to impose restrictions.

6. Notice Assessment Procedure

6.1        The Company shall process notices in a timely, diligent and non-arbitrary manner.

In carrying out the assessment, the Company shall take into account, in particular:

1. the completeness and accuracy of the notice;
2. the extent to which the information alleged to constitute illegal content, or the relevant infrastructure on which it is hosted or from which it is transmitted, can be identified and located;
3. the reliability and sufficiency of any available evidence;
4. the nature and seriousness of the alleged illegality;
5. the existence of any immediate risk to life, safety, information systems or third-party rights;
6. the technical means available to the Company to take targeted measures; and
7. the rights and legitimate interests of the parties involved, including the fundamental rights of the recipients of the service, such as freedom of expression and information.

6.2        Where, following review of a notice, the Company determines that there are sufficient grounds to consider that illegal content, or content in breach of these Terms of Use, is being hosted or transmitted through the Services, the Company may contact the affected Recipient of the Service directly in order to investigate the matter, obtain any necessary clarifications and, where the breach is capable of remedy, allow the Recipient to take appropriate corrective action within the timeframe specified in the Agreement.

By way of exception, the Company may, in its communication to the Recipient of the Service, specify a shorter compliance period where the nature or seriousness of the breach requires more prompt corrective action.

6.3        Where the final assessment of the notice establishes that the reported information constitutes illegal content or that these Terms have been violated, and the affected Recipient of the Service fails to take the necessary corrective action within the prescribed period, or the action taken is not appropriate to remedy the breach, the Company may impose the restrictions set out in the following Article 7.

6.4     The Company may refrain from communicating in advance with the affected Recipient of the Service where such communication is likely to undermine an ongoing investigation by a competent judicial, prosecutorial, administrative or other public authority, frustrate the effectiveness of the measures to be taken, or where, due to the nature or seriousness of the breach, which entails a threat to the life or safety of one or more persons or to the security, integrity or availability of the systems, networks or data of the Company or third parties, urgent measures are required. In these circumstances, the Company may impose the restrictions set out in the following Article without prior notice to the affected Recipient of the Service.

7. Restrictions on the Use of the Service

7.1        Where, following assessment of a notice, the presence of illegal content, the carrying out of illegal activities or any other breach of these Terms of Use or the Agreement is established, the Company may, taking into account the nature and seriousness of the breach, the rights and legitimate interests of the parties involved, and the technical means reasonably available to it in the circumstances, take one or more of the following measures:

1. require the Customer to remove, withdraw or otherwise cease the transmission of illegal content;
2. require the Customer to cease a specific illegal activity;
3. restrict or disable access to specific content or to part of the infrastructure, to the extent technically feasible;
4. suspend, in whole or in part, the provision of the Service or the Customer’s access thereto;
5. disable the Customer’s access to the Service;
6. inform and cooperate with competent judicial, prosecutorial, administrative or other public authorities, where provided for or required under applicable law; and
7. take any other measure provided for in the Agreement, these Terms of Use, applicable law or a binding order or decision of a competent authority.

7.2        The Company shall ensure that, when selecting and applying the above measures, any restriction imposed is appropriate and proportionate to the nature and seriousness of the breach and, where technically feasible, is limited to the specific content, activity or part of the infrastructure connected with the breach.

7.3        In any event, in addition to imposing the above restrictions, the Company reserves the right to terminate the Agreement with immediate effect and without liability for cause, in particular in the event of a serious or repeated breach of these Terms of Use, failure by the Customer to comply within the prescribed cure period, or a breach which, due to its nature or seriousness, is not capable of remedy, without prejudice to any other rights or remedies available to the Company against the Customer.

8. Decision-Making Process – Non-Use of Automated Tools

8.1        Where restrictions are imposed pursuant to the preceding Article, the Company shall provide the affected Recipient of the Service with a clear and specific statement of reasons for its decision, including, among other things, the following information:

1. the nature, scope, territorial extent and duration of the restriction imposed;
2. the content, information, activity and Service concerned;
3. the facts and circumstances relied upon in taking the decision;
4. the relevant contractual and/or legal basis and, where applicable, the reasons why the content or activity was deemed illegal or in breach with these Terms of Use;
5. information on whether automated means were used in reaching the decision; and
6. information on the available means of redress against the decision.

8.2        The statement of reasons may be omitted, delayed or limited, in whole or in part, to the extent required by applicable law or by a binding order of a competent authority.

8.3        The Company does not use automated tools in deciding on the imposition of restrictions on content or on the use of itss Service. Notices are assessed by the Company’s authorized personnel, who also take the relevant decisions, with the support of legal, technical or other specialists, as necessary.

9. Specific Provisions on Terrorist Content

9.1        The Services may not be used for the storage, hosting, transmission or dissemination to the public of terrorist content. The Company takes appropriate measures, in accordance with Regulation (EU) 2021/784, to address the dissemination of such content through its Services.

9.2        The Company is not subject to a general obligation to monitor information transmitted or stored by the Customer through the Services, nor to actively seek facts or circumstances indicating illegal activity. The existence or dissemination of information constituting terrorist content may come to the Company’s attention, in particular:

1. following a notice submitted in accordance with Article 5 of these Terms of Use;
2. following receipt of a removal order or order to disable access issued by a competent authority pursuant to Regulation (EU) 2021/784;
3. following an official communication from a competent judicial, prosecutorial, administrative or other public authority; or
4. where specific information, indications or factual circumstances otherwise come to the Company’s attention from which the dissemination of terrorist content through the Services is established or may reasonably be inferred.

9.3     Upon receipt of a removal order issued pursuant to Article 3 of Regulation (EU) 2021/784, the Company shall remove the terrorist content or disable access to it in all Member States without undue delay and, in any event, within one (1) hour of receipt of the removal order, subject to the specific cases provided for in the Regulation. Where, for objective technical or operational reasons, removal of or disabling access to the content is not possible, the Company shall promptly inform the competent authority that issued the removal order.

9.4     Terrorist content that has been removed or to which access has been disabled pursuant to a removal order issued by a competent authority, as well as related data necessary for the prevention, detection, investigation or prosecution of terrorist offences, shall be preserved for a period of six (6) months from the removal or disabling of access, unless preservation for an additional period is ordered at the request of a competent authority or court. The Company shall implement appropriate technical and organisational safeguards to ensure that the preserved content and related data are processed exclusively for the purposes provided for by law and are protected against unlawful or unauthorised access, use or disclosure.

9.5        Where terrorist content is removed or access to it is disabled, the Company shall make information about the removal or disabling of access available to the affected Recipient of the Service. Upon request, the Company shall inform the Recipient of the Service of the reasons for the removal or disabling of access and of its rights to challenge the relevant removal order, otherwise it shall provide the Recipient of the Service with a copy of the removal order issued by the competent authority.

By way of exception, the above information shall not be provided where the competent authority that issued the removal order decides that non-disclosure of such information is necessary for reasons of public security, in particular for the prevention, investigation or prosecution of terrorist offences, and for the period specified in the relevant decision, which may not exceed six (6) weeks. During that period, the Company shall not disclose to the Recipient of the Service information concerning the removal of the terrorist content or the disabling of access to it.

9.6        Where the Company becomes aware of terrorist content that poses an imminent threat to the life of one or more persons, it shall promptly notify the authorities competent for the investigation and prosecution of criminal offences and provide them with all information available to it.

9.7        The Company does not use automated tools for the detection, identification, assessment or automated removal of terrorist content, nor does it make decisions as to whether specific content constitutes terrorist content or whether related restrictions should be imposed, by automated means. Notices are assessed by the Company’s competent personnel, who also take the relevant decisions.

10. Intellectual and Industrial Property Rights

10.1      The Customer retains all intellectual property rights that it owns or lawfully exercises in respect of the data, files, applications, software and any other content that it stores, transmits or otherwise manages through the Services.

10.2      The Customer represents and warrants that it holds all rights, licences and authorisations required for the lawful use, storage, reproduction, transmission or making available of the above content through the Services and that such use does not infringe intellectual property rights or other rights of third parties.

10.3      All intellectual property rights in the Services, the related infrastructure and software, documentation and other materials provided or made available by the Company belong exclusively to the Company and/or its respective licensors. The provision of the Services to the Customer does not constitute or imply the transfer of any such rights to the Customer, other than the limited right to use them as provided for in the Agreement.

11. Governing Law

These Terms of Use shall be governed by and construed in accordance with Greek law. The courts of Athens shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Use.

The invalidity of one or more provisions of these Terms shall not affect the validity of the remaining provisions.

12. Amendments

12.1      The Company reserves the right to amend these Terms of Use where necessary, including, without limitation, for any of the following reasons:

1. changes to applicable law or the regulatory framework governing the provision of the Services or the Company’s business activities in general;
2. the need to protect the security, integrity and availability of the Services;
3. the need to comply with applicable legal or regulatory requirements or contractual obligations of the Company; or
4. any other circumstances giving rise to a reasonable business need to amend these Terms of Use.

12.2      In the event of a material amendment to these Terms of Use, the Company shall inform the Recipient of the Service in a timely manner and, in any event, at least thirty (30) days in advance, via the email address provided or by other appropriate means of communication.