User Service Agreement
Effective Date: Nov. 06, 2024
Update Date: Oct. 28, 2025
Special Notices
Before using the products and services provided by GPUGEEK (hereinafter referred to as “GPUGEEK,” “GPUGEEK Website,” or “GPUGEEK Platform”), please carefully read and fully understand the terms of this Agreement (hereinafter referred to as the "Agreement"), especially the terms regarding liability exemptions or limitations, jurisdiction and applicable law, and the separate agreements for activating or using specific products or services. Once you complete the "Agree to Terms and Register" form or begin using GPUGEEK services in other ways, you acknowledge that you have read and agreed to be bound by this Agreement. If you do not agree to be bound by this Agreement or any of its terms, you should not proceed to the next step or should terminate the registration process. Your acceptance of this Agreement constitutes your understanding and agreement to all terms of this Agreement and your commitment to fully comply with it.
Terms of Service
I. General Service Terms
1.1 GPUGEEK Services refer to various products and services provided by GPUGEEK, including cloud servers and cloud data storage (subject to specific products and services provided by GPUGEEK). You may choose to use one or more specific services based on your needs and comply with their respective service rules.
1.2 The service terms, rules, instructions and standards, etc. (collectively referred to as “Service Rules”) concerning the service content, service levels, technical specifications, operating documents and billing schedules, etc. of specific services shall be subject to the content displayed on the GPUGEEK official website or other relevant pages.
1.3 GPUGEEK is a neutral technical service provider, providing various technical products and services in accordance with the Agreement. You are solely responsible for operating your website, application, software, platform or any other product, service and related content, and bear full responsibility for them.
1.4 Both parties guarantee that they have obtained legal operating qualifications or government approvals in accordance with relevant national regulations and are entitled to operate their products and services in accordance with the law. Both parties further guarantee that they will continue to maintain the required operating qualifications or approvals required by relevant national regulations throughout the term of this Agreement.
II. Account Login, Freezing, Cancellation and Appeal
2.1 Account Login
2.1.1 To protect the account security and independence, and avoid adverse consequences such as unclear account ownership, you should register or log in using WeChat IDs, mobile numbers or other credentials for which you hold legitimate rights. Otherwise, you may not be able to log in and use GPUGEEK services normally.
2.1.2 Upon successful registration, each user will receive a dedicated and unique account. The right to use this account belongs solely to the initial registrant and may not be gifted, lent, leased, transferred or sold. Users should bear full responsibility for protecting their account credentials. Except where fault lies with us, users shall be fully liable for all activities conducted under their account and password, regardless of whether such activities cause loss to the user or any third party.
2.1.3 If you discover that your account has been illegally used by others, you must notify us immediately. You understand that it takes us a reasonable period of time to act on any of your requests. Therefore, unless we are at fault, we assume no responsibility for any consequences arising prior to taking action.
2.1.4 If the information you submit on the relevant service pages violates laws, regulations or national policies, or infringes upon the legitimate rights and interests of any third party, we reserve the right to prohibit you from further use of that account or information.
2.2 Account Freezing
Your GPUGEEK account (all or part of its permissions or functions) may be frozen in the following circumstances (e.g. login restrictions or fund transfer restrictions). GPUGEEK will notify you via email, private message, text message or phone call:
2.2.1 For the operational and transaction security of the GPUGEEK website or cloud services, if you engage in or may engage in actions that disrupt or attempt to disrupt the fair trading environment or normal trading order of GPUGEEK or its affiliates, or if you use any content containing the name or brand of GPUGEEK or its affiliates in a manner that is misleading to others, or if you use any Chinese or English name (full or abbreviated), numbers or domain names with the intent to indicate or imply a connection between GPUGEEK and its affiliates;
2.2.2 Violation of these Service Terms, GPUGEEK website rules and regulations (e.g. cloud platform security rules, transaction rules and management regulations, etc.), service descriptions, and other service agreements/terms;
2.2.3 Violation of national laws, regulations, policies, or legal documents;
2.2.4 Having received a complaint from another party, who has provided relevant evidence, but you fail to provide contrary evidence as requested by us;
2.2.5 GPUGEEK has reasonably determined that there are abnormalities in your account operations, earnings and redemptions, etc.;
2.2.6 Account freezing that is requested by a competent national authority;
2.2.7 Other circumstances that GPUGEEK has reasonably determined that the same user has engaged in other activities of the same nature as the above activities or that pose similar risks.
2.3 Account Cancellation
2.3.1 Your GPUGEEK account will be cancelled if any of the following circumstances occur:
(1) GPUGEEK processes your cancellation request and completes the account cancellation in accordance with the legal provisions and account cancellation process based on your account cancellation application submitted by you.
(2) If the circumstances described in Article 3.1 above occurs and is serious, or if GPUGEEK cancels your relevant GPUGEEK account based on the requirements of the competent state authorities, GPUGEEK will notify you by email, SMS, phone or other appropriate means.
(3) If you have not logged into the GPUGEEK website through your account for 12 consecutive months (including the period during which your account is frozen) and there are no unexpired cloud services under your account, GPUGEEK has the right (but not the obligation) to cancel your account.
(4) You understand and agree that once your account is cancelled, you will:
Unable to log in to the GPUGEEK website, forum and app, etc. again;
Unable to access the control panel or cloud site control panel;
Unable to perform other operations that rely on account permissions;
Unable to retrieve personal information, transaction records, business data and historical information, etc. under the account.
However, account cancellation does not mean that all account actions and related responsibilities before the account cancellation are exempted or reduced.
(5) After your account is cancelled, GPUGEEK will:
No longer have the right to collect, store or use your personal information and data, except where otherwise required by laws and regulations, such as retaining relevant invoice information for tax compliance;
Be obliged to ensure that all your data under this account cannot be retrieved or accessed in the systems involved in the execution of routine business functions, provided that such measures comply with applicable national laws and regulations.
Account cancellation does not affect GPUGEEK's obligation to verify the user's true identity and fulfill other relevant duties as required by regulatory authorities or other lawful scenarios prior to the account's cancellation.
2.4 Appeals
In the event of an account freezing or cancellation as described above, you should promptly address the situation and follow the procedures for appeals and other follow-up actions:
2.4.1 If you apply to GPUGEEK through the appeals process to lift the freezing or cancellation described above, for the security of your account, you should cooperate with GPUGEEK by truthfully providing your identity and relevant information, as well as any other information or documents requested by GPUGEEK, to facilitate verification. You should fully understand that your appeal is not guaranteed to be granted, and GPUGEEK reserves the right to decide whether to approve your appeal.
2.4.2 You understand and agree that if you refuse to truthfully provide identity verification and related information, or fail to pass GPUGEEK's verification, GPUGEEK reserves the right to permanently freeze such account and restrict some or all of its functions until the aforementioned circumstances are reasonably rectified, or to cancel the account in accordance with the relevant provisions of this Agreement.
2.4.3 You understand and agree that if you have multiple GPUGEEK accounts, and one or more of them is frozen or canceled due to your illegal, irregular or breach of contract behavior, GPUGEEK reserves the right to freeze or cancel all or part of your other accounts based on reasonable judgment regarding specific circumstances and associated risk levels.
III. Service Content and Scope
3.1 You may purchase the computility services as required online through the GPUGEEK official website based on your demand. Before purchasing, you should carefully read the corresponding service terms and conditions and decide whether to purchase or use the services as required. Both parties may also sign a separate agreement based on actual cooperation needs.
3.2 The activation of certain GPUGEEK services may require both parties to sign a separate service agreement (if any). This separate service agreement may be presented in electronic or paper form. You may decide whether to accept the service agreement and activate the services based on your circumstances.
3.3 You shall complete the payment in time after submitting your order. Some services may have time limits, inventory restrictions or promotional quantity restrictions. After the order is submitted, if you fail to pay in time, or if the quantity is insufficient or has reached the limit during the payment period, you may not be able to use the relevant service.
3.4 GPUGEEK's promotional offers may be temporary, phased or limited in quantity, or may only apply to customers who meet specific conditions. You shall purchase and use the corresponding services in accordance with the corresponding rules. Promotional offers cannot be used concurrently unless otherwise specified in writing.
IV. Service Fees and Payment
4.1 Payment methods for this service may include prepaid and postpaid methods, subject to GPUGEEK's specific product pricing rules. To ensure timely activation and continuous provision of services, you should comply with this Agreement and the service rules you use and pay fees in time. After activation of certain services, even if you do not add new services or resources, nor perform any new operations, these services will continue to occupy resources and will incur ongoing charges. You should promptly renew your subscription or deactivate the services.
If you deactivate the cloud service but do not proactively delete your data, your service usage will be deemed to have not been terminated. We will contact you promptly for confirmation after your deactivation. If you do not respond within 72 hours of GPUGEEK's contact, we reserve the right to delete your user data. Data retention prior to deletion will incur storage fees.
Within 7 days after your account balance reaches zero or below, GPUGEEK will retain your user data, but will charge the relevant data resource storage fee for this service. After 7 days, GPUGEEK will send you a "Disconnection Notice" and delete all your user data.
4.2 Preferential measures are established based on specific conditions, e.g., those for products with specific configurations or those that require a specific period or quantity of product usage (e.g. monthly subscriptions). If you ultimately do not meet these conditions, you will not be eligible for the corresponding preferential measures (including but not limited to discounts or vouchers, etc.). Both parties will settle the bill based on the original official price of the corresponding service at the time of purchase.
4.3 Payment Methods
(1) You can pay online or recharge your account to renew. Alternatively, upon mutual agreement, fees may be paid via bank transfer (to ensure uninterrupted service. If you choose offline payment, you should reserve a reasonable time to verify the receipt of the payment and complete the recharge of your account).
(2) For services settled on a calendar month basis, after GPUGEEK provides you with the payment bill for the previous month, you should verify and confirm it or raise an objection within 5 working days. If GPUGEEK does not receive your confirmation or objection within 5 working days, it will be deemed that you have no objection; if you have any objection, both parties will resolve it through friendly negotiation. If the negotiation fails, the GPUGEEK system data will prevail.
4.4 Refund Method
(1) If you no longer use the GPUGEEK service for legitimate reasons, you may contact the platform to apply for a refund. The refund rules are as follows:
• Refundable balance = User's total historical recharge amount - User's total historical consumption amount
• The available balance in the account is not a refundable balance. If the total consumption amount exceeds the total recharge amount, no refund can be made. However, the balance in the account can still be used for platform consumption.
• Fees for which invoices have been issued are currently not refundable.
• Before submitting a withdrawal application, please ensure that all instances have been closed and the data has been cleared.
• Once the application is submitted, the system will clear the balance and vouchers under the account. All data will be automatically deleted and cannot be recovered. Refund requests will be processed on the 10th of each month, and refunds will be returned to the user's account through the original recharge channel.
4.5 You should pay fees in full and on time in accordance with the service rules. If you fail to pay fees in full and on time, GPUGEEK reserves the right to refuse service activation or to suspend or terminate the service without further notice. GPUGEEK may also take one or more of the following measures:
(1) In addition to paying the fees due as agreed, you should also pay GPUGEEK a penalty of 3‰ of the outstanding fees for each day of delay until all fees are paid in full;
(2) If you are overdue for payment for more than 15 days, GPUGEEK has the right to take measures at any time, including but not limited to unilaterally terminating the agreement in advance, without further notice;
(3) If you are overdue for payment but you use prepaid services or there is an unused cash balance in your account, GPUGEEK has the right to directly use the prepaid fees and cash balance to offset the overdue amount and penalty without further notice;
(4) GPUGEEK will delete some or all of your information and data stored or generated based on your use of GPUGEEK services.
V. Service Support
5.1 GPUGEEK provides after-sales service and assists you in answering and resolving any issues you may encounter while using the GPUGEEK service.
5.2 GPUGEEK will implement basic security measures for its systems and devices in accordance with legal and regulatory requirements. If your security requirements exceed the aforementioned basic security standards, you have the right to purchase higher-level security protection services or configure additional security software or systems based on your needs. If any of the following situations occur, you should promptly resolve them to prevent any impact on the GPUGEEK service:
(1) Problems with your internal network, including but not limited to overload;
(2) Failure of your own devices or third-party devices used by you;
(3) Disconnecting the devices by yourself or causing the network interruption through other means;
(4) Any other failure or network interruption caused by your own reasons.
5.3 You should implement necessary and effective security measures for your computer information systems and devices. Should any loss or damage to your rights and interests result from your failure to implement such measures, you shall bear full responsibility.
5.4 GPUGEEK provides availability guarantees within the terms of the Service Rules. If your availability requirements are higher than those set forth in the Service Rules, you will be required to proactively configure your own system for high availability, and GPUGEEK will provide necessary assistance. If GPUGEEK is required to collaborate on the design, the details shall be separately negotiated and confirmed by both parties.
VI. Changes and Termination of Agreement
6.1 To provide better services, GPUGEEK has the right to conduct periodic or irregular inspections, maintenance, upgrades and optimizations of its service platform or related devices, systems and software (collectively, "Routine Maintenance"). For any interruption or suspension of GPUGEEK services within a reasonable timeframe caused by routine maintenance, GPUGEEK shall not be liable to you. However, GPUGEEK shall notify you at least 24 hours in advance regarding routine maintenance matters. For non-routine maintenance caused by force majeure, fault of the basic operator or other reasons, GPUGEEK shall notify you in time.
6.2 To ensure the security and stability of the service, GPUGEEK may undergo significant adjustments such as server room relocation and devices replacement. These changes may result in service interruptions or suspensions within a reasonable timeframe and GPUGEEK shall not be liable for such interruptions. However, GPUGEEK shall notify you 15 days in advance, and you shall cooperate accordingly. If you fail to cooperate with the adjustments, or if GPUGEEK is unable to contact you, you shall bear all consequences arising therefrom.
6.3 If the specific service you purchased includes storage functionality, upon expiration or termination of that service, GPUGEEK will retain any information stored within that service (e.g. your data) for the period specified in the service rules. You shall bear all costs incurred during the retention period (if any) and settle all fees and complete the migration of all data on time. Upon the expiration of the retention period, your above-mentioned information will be deleted.
6.4 You acknowledge and agree that the computility machines providing storage and computing services on the GPUGEEK platform may be temporarily inaccessible due to hardware failures, network problems or other force majeure events. GPUGEEK will issue you vouchers as compensation for the duration of inaccessibility and will take appropriate measures to restore the machine availability. In this situation, you agree not to claim breach of contract or damages against GPUGEEK.
6.5 GPUGEEK has the right to adjust or terminate some or all of its services at any time (including but not limited to taking services offline, iterating or integrating them) according to its own operational arrangements. However, GPUGEEK should notify you at least 15 days in advance so that you can transfer and back up relevant data and make business adjustments, in order to protect your legitimate rights and interests.
6.6 Given the rapid development and changes in the Internet service market and related fields, you acknowledge and agree that we have the right to revise this Agreement and its terms from time to time in accordance with changes in laws, regulations and/or operational needs, and publish such revisions on the website. Such revisions shall be deemed effective upon publication without the need for separate notification to you. Your continued use of the Service after such revisions are published constitutes your acknowledgment that you have fully read, understood and accepted all terms of this Agreement as revised, and that you will use the Service in accordance with such revised terms. If you do not agree to the revised terms of this Agreement, you should choose to stop using this service.
6.7 If GPUGEEK discovers independently, or based on information from relevant authorities or complaints from rights holders, that you may have violated applicable laws, regulations or this Agreement, GPUGEEK has the right to make its own independent judgment based on common sense and to unilaterally take one or more of the following measures at any time:
(1) Require you to immediately delete or modify the relevant content. If you do not take any measures within 72 hours of your account being suspended and/or frozen, GPUGEEK has the right to delete your user business data;
(2) Restrict or suspend to provide all or part of the GPUGEEK services to you (including but not limited to directly taking some of your services offline and reclaiming related resources, or imposing operational restrictions/freezing on your account);
(3) Terminate to provide GPUGEEK services to you and terminate the agreement (including but not limited to directly taking all of your services offline and reclaiming related resources);
(4) If GPUGEEK terminates the provision of services to you or terminates the agreement in accordance with this agreement, any prepaid fees shall be retained by GPUGEEK as liquidated damages.
(5) Pursue other liabilities according to law.
6.8 Any measures taken in accordance with this Agreement (including but not limited to suspension of service, deduction of fees, termination of the Agreement, etc.) shall not be deemed a breach of contract by GPUGEEK. You shall bear all losses incurred as a result (including but not limited to business suspension, data deletion, etc.). You shall bear sole responsibility for any liabilities and consequences arising from your violation of this Agreement. Should such violation cause losses to GPUGEEK or any third party, you shall compensate them accordingly.
6.9 To reasonably protect the interests of you, your users and rights holders, GPUGEEK has the right to establish a specific infringement and complaint process, which you must comply with. If GPUGEEK receives a complaint or report against you from a third party, GPUGEEK has the right to disclose your relevant information to the third party (e.g. your identity information and all materials you submitted in response to the complaint or report, including counter-notifications and relevant evidence), and require you to negotiate with the complainant (including but not limited to establishing a three-party email group including you, GPUGEEK and the complainant for direct communication and mutual evidence presentation, etc.; the same applies hereafter). If you file a complaint or report against another GPUGEEK customer, GPUGEEK also reserves the right to disclose your relevant information (e.g. your primary account details, the notice you submitted regarding the complaint or report, and all related evidence) to the party being complained against. You are required to engage in negotiations with the party being complained against to promptly resolve the complaint or dispute and protect the lawful rights and interests of all parties. You must cooperate accordingly. Failure to do so may affect your continued use of GPUGEEK services. Any losses incurred by you or other parties as a result shall be borne solely by you.
Article VII Your Rights and Obligations
7.1 You have the right to unilaterally terminate this Agreement upon fulfilling all relevant obligations (including but not limited to fulfilling all compensation liabilities).
7.2 When using the services on the GPUGEEK platform, you must comply with relevant laws and regulations and service rules, and ensure that you possess the operating qualifications and capabilities required by laws and regulations. You shall not engage in any behavior including but not limited to the following, nor shall you facilitate any behavior that violates laws and regulations:
(1) Opposing the basic principles stipulated in the Constitution;
(2) Using the provided services to "mine" virtual currency;
(3) Endangering national security, leaking state secret, subverting the state political power, or destroying the national unity;
(4) Damaging state honor and interests;
(5) Inciting national hatred, ethnic discrimination, and destroying ethnic unity;
(6) Destroying the religious policy of the state, and advocating heresy and feudalistic superstition;
(7) Spreading rumors, disturbing the social order, and destroying the social stability;
(8) Spreading obscenity, eroticism, gamble, violence, terror, or instigating to crime;
(9) Insulting or defaming others, infringing others’ legal interests;
(10) Engaging in any behavior that violates the "Seven Bottom Lines";
(11) Containing other contents forbidden by laws and administrative regulations.
7.3 When using services on the GPUGEEK platform, you must maintain the Internet order and security, and must not infringe upon the legitimate rights and interests of any entity, nor engage in any of the following behaviors, nor provide them with any convenience:
(1) Engaging in fraudulent, false or misleading behavior, or engaging in any behavior that infringes upon the intellectual property rights or other legitimate rights and interests of others, such as "unauthorized servers" or "hack tools";
(2) Publishing or disseminating SPAM or content that violates laws and regulations, including information that endangers national order and security, promotes feudal superstition, or contains obscene, pornographic, or vulgar material;
(3) Violating the operating rules of networks, devices or services connected to the GPUGEEK network; engaging in illegal or unauthorized access, theft, interference or monitoring;
(4) Engaging in any behavior that damages or attempts to damage network security, including but not limited to using viruses, Trojans, malicious code or phishing, etc., to maliciously scan websites or servers, illegally intrude into systems or illegally obtain data;
(5) Engaging in any behavior that alters or attempts to alter the system configuration provided by GPUGEEK services or damages system security; using technology or other means to disrupt or interfere with the operation of GPUGEEK services or others' use of GPUGEEK services; interfering with or attempting to interfere with the normal operation of any GPUGEEK product or any part or function, or creating, publishing or disseminating the aforementioned tools or methods;
(6) Engaging in any business, including but not limited to "DNS resolution", "security services", "domain name proxy” or "reverse proxy", etc., which results in you being frequently attacked (including but not limited to DDoS attacks) and failing to correct your behavior timely, or failing to eliminate the impact as required by GPUGEEK, thereby affecting the GPUGEEK service platform or others;
(7) Engaging in other behaviors that disrupt the Internet order and security.
7.4 We have the right to take measures such as warning, freezing, account cancellation or termination/suspension/restriction of account use (deletion, blocking, disconnection), unilateral termination or cancellation of this Agreement, etc., in any of the following circumstances:
(1) You have seriously violated the provisions of this Agreement, or have violated the provisions of this Agreement multiple times;
(2) We have reasonable grounds to suspect that you may have engaged in illegal or breach-of-this Agreement behavior, and failure to terminate this Agreement may have an adverse impact on us, other users, third parties, public order or public interest;
(3) You have engaged in activities such as stealing other people's accounts or information, publishing prohibited information, defrauding others of their property, or using improper means to seek profit;
(4) Other circumstances where this Agreement should or may be terminated according to applicable law or the provisions of this Agreement.
7.5 After the termination of this Agreement, unless otherwise expressly provided by applicable law, we have no obligation to disclose any information in your registered account on this service to you or any third party designated by you. For any past breaches of contract by you, we may still pursue your unfulfilled liability for breach of contract in accordance with this Agreement.
VIII. User Personal Information and Data
8.1 You warrant that all data you store, upload to the GPUGEEK platform, or process using GPUGEEK services for analysis, distribution or any other purpose, is data you lawfully collected, obtained or generated. You will not, and have not, infringed upon the lawful rights of any individual or entity in any way. When using GPUGEEK services, you must ensure compliance with the laws of your country or region, and must not upload, download, share or store illegal content (pornography, nudity or violations of national security, etc.). Otherwise, GPUGEEK has the right to cancel the relevant account and pursue legal action against any violation of the above user terms.
8.2 You warrant that you have the right to use the GPUGEEK service to store, upload, analyze and distribute the above-mentioned data, and that such processing activities comply with all applicable laws and regulations. You further warrant that such processing does not involve any illegal, infringing or contract-breaching activities with third parties, and that the data will not be used for any unlawful or non-compliant purposes.
8.3 You have the right to use the GPUGEEK service to upload, analyze, delete and modify the data (specifically, subject to the service rules of the service you use). Regarding the deletion and modification of data, you should exercise caution and bear the consequences arising from such operations.
8.4 Protecting any personal information you may provide to us during your use of this service is a fundamental policy of ours. We guarantee that we will not disclose or provide your registration information and legally protected personal information that you fill in or generate while using the service to any third party, except in the following circumstances:
(1) With your prior explicit consent;
(2) As required by relevant laws and regulations;
(3) As required by relevant government authorities;
(4) As required by effective judgments, rulings or orders of the court;
(5) Provide such information to government authorities or courts in relevant administrative or judicial proceedings in order to protect our legitimate rights and interests or the public interest.
8.5 You should back up your data according to your own needs. GPUGEEK only provides data backup services in accordance with relevant laws and regulations or service rules. GPUGEEK is only liable within the scope of the legally or contractually provided data backup services.
8.6 You shall bear all consequences and responsibilities arising from any violation of laws and regulations related to the generation, collection, processing or use of your data. Furthermore, GPUGEEK has the right to terminate all or part of its services to you at any time. You shall bear all losses, liabilities and expenses incurred as a result.
8.7 You agree to receive various commercial advertisements or other commercial information from us in various ways during the provision of services, and you agree to receive product, service or other related commercial information from us via email or other means.
8.8 Our rules regarding the collection, storage and use of your user information collected during the provision of services and the data generated during your use of the services are detailed in the GPUGEEK Privacy Policy.
IX. Liability for Breach of Contract and Exemption Grounds
9.1. You shall not attack the GPUGEEK official website, nor modify, adapt or translate the software, technology and materials, etc. used in the cloud service, nor obtain the source code involved in the cloud service through reverse engineering, decompiling, disassembling or other similar acts. Otherwise, you shall be responsible for all legal consequences arising therefrom, and GPUGEEK has the right to pursue your legal liability in accordance with the law. You shall respect the intellectual property rights and other legitimate rights/interests of GPUGEEK and third parties, and guarantee to protect GPUGEEK and its employees, shareholders and partners, etc., from any impact or loss caused by any illegal event infringing upon the aforementioned rights. GPUGEEK reserves the right to terminate services to you and not refund any payments if you infringe upon the legitimate rights/interests of GPUGEEK and/or other third parties. If you cause losses to us or any third party due to your violation of applicable laws, regulations or any terms of this Agreement, you agree to bear the resulting liability for breach of contract, including but not limited to indemnifying us and protecting us from any direct and indirect losses (including any direct economic losses, damage to goodwill, and damages, settlement payments, attorney fees, litigation costs, etc.).
9.2 Neither party shall be liable for breach of contract if this Agreement is delayed or breached by either party due to force majeure, reasons attributable to the basic operator, cybersecurity incidents or other events beyond the reasonable control of the parties. However, the affected party shall notify the other party as promptly as possible. If the aforementioned events prevent the performance of this Agreement for more than 30 days, either party may terminate this Agreement by giving the other party 15 days' prior written notice. Neither party shall be liable for breach of contract in the event of termination of this Agreement due to this clause.
9.3 We shall not be liable under any circumstances to the extent permitted by applicable law if any of the following situations occurs:
(1) Any disclosure of personal data and resulting losses due to your sharing of your login information with others or your login account with others, or due to hackers obtaining your account and password;
(2) Reasons attributable to the basic operator, including but not limited to technical adjustments by the telecommunications department, damage to telecommunications/power lines by others, and installation, modification or maintenance of telecommunications networks/power resources by the telecommunications/power department;
(3) Any temporary shutdown caused by computer or mobile terminal problems exceeding industry standards, hacker attacks, virus intrusion or outbreaks, government regulations, etc., that prevents the network from operating normally and results in the leakage, loss, theft or alteration of personal data;
(4) Your improper operation or malfunction of your computer software, system, hardware and communication lines due to your use of GPUGEEK services in a non-GPUGEEK authorized manner;
(5) Other force majeure events.
9.4 You understand and agree that GPUGEEK's services are provided "as is" based on the current technology and conditions available. GPUGEEK will make its best efforts to ensure the consistency and security of its services; however, GPUGEEK cannot guarantee that its services are flawless. Therefore, even if defects exist in the services provided by GPUGEEK, such defects shall not be deemed a breach of contract if they are unavoidable given the prevailing industry technical standards at the time. In such cases, GPUGEEK shall not be liable for any damages, and both parties shall cooperate amicably to resolve the issue.
9.5 Normal short-term network fluctuations are unavoidable given current industry technology levels, and GPUGEEK assumes no responsibility for them and will not provide compensation.
9.6 GPUGEEK cannot fully guarantee the legality, authenticity, accuracy or completeness of the output you obtain through the service. You should independently judge the output in this service and bear all risks arising from the use of the content. Except as expressly provided by law, GPUGEEK cannot and will not be liable for any loss or damage arising from the aforementioned risks. The output provided by GPUGEEK products does not constitute professional advice, and the views expressed are for your reference only and do not represent the position of GPUGEEK. Due to the nature of machine learning, the same input may produce different output results; you should carefully verify the information. You shall bear all responsibility for any judgments made based on the output content, or for any subsequent actions taken accordingly, and for any consequences arising therefrom.
9.7 In no event shall GPUGEEK's total liability to you under this Agreement, related orders and GPUGEEK Services (whether based on contract, tort, or any other theory of liability) exceed the total fees you have paid to GPUGEEK for the GPUGEEK Services giving rise to your loss. If the service period of the relevant GPUGEEK service causing your loss exceeds 12 months, GPUGEEK's maximum liability shall not exceed the total fees you have paid to GPUGEEK for the GPUGEEK service causing your loss during the 12-month period preceding the occurrence of the damage. (For the avoidance of ambiguity, the fees referred to herein mean the actual cash paid by you based on the actual duration/quantity of service usage, excluding gift vouchers, prepaid but unused fees, etc.) The compensation will be issued to you in the form of a voucher. If this clause conflicts with or is inconsistent with other agreements between the parties or the GPUGEEK service rules, this clause shall prevail.
9.8 Both parties undertake to comply with the export control laws and regulations of the People's Republic of China, as well as other applicable export control, sanctions, and counter-sanctions regulations, orders and other measures (hereinafter referred to as "Export Control and Sanctions Regulations"). You shall ensure that GPUGEEK’ products and/or services are used for lawful civil purposes and shall not be directly or indirectly used, transferred, resold or provided for any military purpose or any other purpose prohibited or restricted by Export Control and Sanctions Regulations. You must ensure that you do not directly or indirectly resell, export, re-export or transfer GPUGEEK products and/or services to destinations, industries, individuals or entities prohibited or restricted by export control and sanctions regulations, or engage in any activities through GPUGEEK products/services that violate export control and sanctions regulations. For clarity, you are solely responsible for all compliance matters related to your use of GPUGEEK products/services (including your actions such as producing or transferring products, processing content and providing products or content to end users through GPUGEEK products/services). You shall bear full responsibility for any liability or damage suffered by GPUGEEK as a result of any false statements by you or your failure to fulfill the foregoing commitments, including but not limited to any losses that GPUGEEK may suffer, such as income, profits, lost opportunities, lost customers, fines, penalties, costs, expenses, attorneys' fees, litigation costs, preservation fees and preservation insurance premiums (if any), etc.
9.9 You warrant and undertake that: 1) You or the company you represent, its subsidiaries, directors, officers, and to the best of your knowledge, its shareholders, affiliates, agents, or employees, whether as natural persons or entities, are not subject to restrictions and comply with applicable financial sanctions laws, regulations, orders and other measures, and will not engage in any conduct that may cause GPUGEEK to violate financial sanctions laws, regulations, orders and other measures; 2) Under this Agreement, any funds provided or to be provided by you or the company/entity you represent shall not be directly or indirectly related to the restricted party or to any activities that may violate applicable laws/regulations, such as money laundering or terrorist financing. Under this Agreement, no funds you have received or will receive in the future may be used, directly or indirectly, to support or assist any activity that violates applicable laws/regulations, including activities that may lead to any party violating sanctions or being prohibited by sanctions; (3) You shall bear full responsibility for any liability or damage suffered by GPUGEEK as a result of any false statements by you or your failure to fulfill the foregoing commitments, including but not limited to any losses that GPUGEEK may suffer, such as income, profits, lost opportunities, lost customers, fines, penalties, costs, expenses, attorneys' fees, litigation costs, preservation fees and preservation insurance premiums (if any), etc.
9.10 For the purposes of the preceding two clauses, the restricted persons are: 1) persons on the sanctions list or persons on the sanctions list who own or control, or act as agents/representatives of persons on the sanctions list; 2) persons who are located in or permanently reside in, or are registered in, a country subject to comprehensive sanctions; 3) persons subject to sanctions who are prohibited from engaging in related transactions, activities or business dealings with, under applicable laws and regulations. For the purposes of this Article XI, “sanctions” means any applicable economic sanctions laws, regulations or restrictive measures formulated, managed or implemented by the Ministry of Commerce of China, the Ministry of Foreign Affairs of China, the United Nations Security Council, the Office of Foreign Assets Control of the U.S. Treasury Department, the U.S. Department of State, the U.S. Department of Commerce, the European Union and other relevant government agencies and departments (“sanctions agencies”); “sanctions list” is a list of sanctions published by the sanctions agencies, including but not limited to China’s counter-sanctions list, unreliable entities list, export control list, watch list, the Specially Designated Nationals and Blocked Persons list issued by the Office of Foreign Assets Control (OFAC) of the U.S. Treasury Department, the Consolidated List of Financial Sanctions Targets published by the UK Treasury, and the Consolidated Financial Sanctions List published by the European Union, etc.
X. Applicable Law and Dispute Resolution
10.1 The formation, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws in force in the People's Republic of China.
10.2. Any disputes arising from the performance of this Agreement shall be resolved through friendly consultation between both parties. In case the two parties fail to reach a consensus within 30 days after one party sends a notice for written negotiation to the other party, either party may submit the dispute to Beijing Arbitration Commission for arbitration in accordance with the arbitration rules in force at that time. The arbitration award shall be final and binding on both parties.
10.3. All arbitration-associated claims, damages, losses, liabilities, litigation and arbitration costs (including but not limited to notarization fees, translation fees, preservation fees, preservation insurance premiums and other arbitration costs) as well as other expenses (including, without limitation, attorney fees) shall be borne by the losing party.
XI. How to Contact Us
11.1 If you have any questions or comments regarding the content of this Service Agreement, or any questions or comments regarding GPUGEEK's practice and operation of this Service Agreement, you can submit a ticket through "Console—Ticket List—Create Ticket," send an email to service@gpugeek.com, or call our customer service hotline 18516569845 (weekdays 10:00-18:00). We will respond to your request within 15 days.
11.2 If you are dissatisfied with our response, particularly when our processing of personal information has infringed upon your lawful rights and interests, you may also seek redress through the channels specified in this Agreement.
XII. Other Regulations
12.1 Unless otherwise stated, all terms "day" in this Agreement and its appendices refer to calendar days, and all settlement currencies are Renminbi.
12.2 If any provision of this Agreement is held to be invalid or unenforceable, in whole or in part, for any reason, the validity of the remaining provisions of this Agreement shall not be affected. In such case, the parties shall negotiate and determine new provisions within the scope of the law to ensure that the original provisions achieve the maximum possible fulfillment of their intent.
12.3 The headings in this Agreement are for convenience only and shall not be construed as limiting the interpretation of this Agreement.
12.4 The waiver or delay by either party in exercising any of its rights under this Agreement, in whole or in part, shall not be deemed a waiver of any other rights under this Agreement or any similar rights.
12.5 This Agreement constitutes the entire agreement between the parties with respect to the subject matter or purpose hereof; all prior agreements, whether oral, written, or otherwise, that are inconsistent with or in conflict with this Agreement are hereby superseded and rendered null and void.
12.6 We reserve the right to modify these Terms of Service and corresponding service rules, and will announce or notify you of such changes through website announcements, emails, site messages or SMS, etc. Your continued use of this service after the changes to these Terms of Service indicate that you have fully read, understood and accepted the modified content, and will abide by the modified terms.