User Service Agreement

Effective Date: November 06, 2024

Updated Date: March 20, 2026

Special Notice

Before you choose to use the products and services provided by the GPUGEEK official website, hereinafter referred to as “GPUGEEK,” “the GPUGEEK Website,” or “the GPUGEEK Platform,” please be sure to carefully read and fully understand all terms of this Agreement, hereinafter referred to as “this Agreement,” especially the clauses that exempt or limit liability, the clauses on governing law and jurisdiction, and any separate agreement applicable to the activation or use of a specific product or service.

Once you complete the action of “Agree to the Terms and Register” or begin using GPUGEEK services in any other manner, you are deemed to have read, understood, 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 and should stop the registration process. Your consent to this Agreement shall be deemed as your acknowledgement of and agreement to all terms of this Agreement, and you warrant that you are able to fully comply with this Agreement.

Terms of Service

I. General Service Provisions

1.1 GPUGEEK services refer to various products and services provided by GPUGEEK, including cloud servers, cloud data storage, and other products and services, subject to the actual services provided by GPUGEEK. You may choose to use one or more specific services according to your own needs and shall comply with the applicable service rules.

1.2 The service terms, rules, descriptions, standards, and other documents relating to specific services, including service content, service levels, technical specifications, operating documents, and billing standards, collectively referred to as “Service Rules,” 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 and provides various technical products and services to you in accordance with this Agreement. Your websites, applications, software, platforms, and any other products, services, and related content shall be operated by you independently, and you shall assume full responsibility for them.

1.4 Both parties warrant that they have obtained the lawful business qualifications, government approvals, or other required permits in accordance with applicable national regulations and are legally entitled to operate their respective products and services. Both parties further warrant that they will continuously maintain the business qualifications or approval procedures required by applicable national regulations during the term of this Agreement.

II. Account Login, Freezing, Cancellation, and Appeals

2.1 Account Login

2.1.1 To protect account security and independence and avoid adverse consequences such as unclear account ownership, you shall use a WeChat account, mobile phone number, or other account over which you have lawful rights and interests to register or log in. Otherwise, you may be unable to log in to or use GPUGEEK services normally.

2.1.2 After successful registration, each user will obtain an exclusive and unique user account. The right to use such account belongs only to the initial registrant. Donation, lending, leasing, transfer, or sale of the account is prohibited. The user is responsible for keeping the account and password secure. Except where we are at fault, the user shall be fully responsible for all activities under the account and password, regardless of whether such activities cause any losses to the user or any third party.

2.1.3 If you discover that your account is being illegally used by another person, you shall immediately notify us. You understand that we need a reasonable period of time to take action on any request from you. Therefore, except where we are at fault, we shall not be liable for any consequences that have already occurred before we take action.

2.1.4 If the information you submit on relevant service pages violates laws, regulations, or national policy requirements, or infringes any third party’s lawful rights and interests, we have the right to prohibit you from continuing to use the relevant account or information.

2.2 Account Freezing

Your GPUGEEK account, including all or part of its permissions or functions, may be frozen in the following circumstances, for example, restriction of login to your GPUGEEK account or restriction of fund transfer functions. GPUGEEK will notify you by email, internal message, SMS, telephone, or other means:

2.2.1 Based on the operational and transaction security needs of the GPUGEEK Website or cloud services, if you have engaged in or may engage in conduct that damages or attempts to damage the fair trading environment or normal trading order of GPUGEEK or its affiliates, or if you use any name or brand containing GPUGEEK or its affiliates that is suspected of misleading others, or if you use any Chinese or English full name or abbreviation, number, domain name, or other identifier with the intent to indicate or imply an association with GPUGEEK or its affiliates;

2.2.2 You violate these Terms of Service, relevant rules or specifications of the GPUGEEK Website, such as cloud platform security rules, transaction rules, management specifications, service descriptions, or other service agreements or terms;

2.2.3 You violate national laws, regulations, policies, or legal instruments;

2.2.4 You are subject to a complaint from another person, and the complainant has provided relevant evidence, while you fail to provide contrary evidence as required by us;

2.2.5 GPUGEEK reasonably determines, based on analysis, that your account operations, earnings, redemption activities, or other activities are abnormal;

2.2.6 The freezing is required by a competent national authority;

2.2.7 GPUGEEK reasonably determines that the same user has engaged in other conduct of the same nature as the foregoing or has created similar risks.

2.3 Account Cancellation

2.3.1 Your GPUGEEK account will be cancelled in any of the following circumstances:

(1) GPUGEEK processes your account cancellation request and completes account cancellation in accordance with the law and the account cancellation process based on an application submitted by you personally.

(2) Where the circumstances described in Article 3.1 above occur and are serious, or where cancellation is required by a competent national authority, GPUGEEK will cancel the relevant GPUGEEK account and notify you by email, SMS, telephone, or other appropriate means.

(3) If you have not logged in to the GPUGEEK Website through your account for twelve consecutive months, including any period during which the 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 the account is cancelled, you will:

• Be unable to log in again to the GPUGEEK Website, forum, app, and related services;
• Be unable to access the control panel or cloud site control panel;
• Be unable to perform other operations that depend on account permissions;
• Be unable to retrieve personal information, transaction records, business data, historical information, or other information under the account.

However, account cancellation does not mean that all account activities and related liabilities before cancellation are exempted or reduced.

(5) After account cancellation, GPUGEEK will:

• Have no right to continue collecting, storing, or using your personal information and data, except where otherwise required by laws and regulations, such as retaining corresponding invoice information for tax compliance;
• Be obligated, under the premise of complying with national laws and regulations, to ensure that all data under the account cannot be retrieved or accessed in systems involved in the implementation of daily business functions;
• Continue to perform, where legally required by regulatory authorities or in other lawful scenarios, obligations such as verifying the true identity of the user before account cancellation.

2.4 Appeals

Where the above account freezing or cancellation occurs, you shall pay timely attention to it and may make an appeal or take follow-up actions in accordance with the procedure:

2.4.1 If you apply to GPUGEEK through the appeal procedure to lift the above freezing or cancellation, for the security of your account, you shall cooperate by truthfully providing identity proof, relevant materials, and other information or documents required by GPUGEEK for verification. You shall fully understand that your appeal is not necessarily approved, and GPUGEEK has the right to decide whether to approve your appeal request.

2.4.2 You understand and agree that if you refuse to truthfully provide identity proof and relevant materials, or fail to pass GPUGEEK’s review, GPUGEEK has the right to freeze such account for a long period and restrict part or all of its functions for a long period until the relevant circumstances are reasonably corrected, or to cancel the account based on this Agreement.

2.4.3 You understand and agree that if you have multiple GPUGEEK accounts under your name, and one or more of them are frozen or cancelled due to your illegal, non-compliant, or breach-of-contract conduct, GPUGEEK has the right to make a reasonable determination based on the specific circumstances and relevant risk level and freeze or cancel all or part of your other accounts.

III. Service Content and Scope

3.1 You may purchase the required computing power services online through the GPUGEEK official website according to your own needs. Before purchase, you shall carefully read the Service Rules corresponding to the services you purchase and decide whether to purchase or use them based on your own needs. The parties may also separately execute agreements based on actual cooperation needs.

3.2 Activation of certain GPUGEEK services may require the parties to separately sign an independent service agreement, if any. Such independent service agreement may be displayed in electronic document form or may be an independent paper document. You may decide whether to accept the service agreement and activate the service based on your own circumstances.

3.3 You shall complete payment in a timely manner after submitting an order. Certain services may be subject to time limits, inventory limits, activity quotas, or other restrictions. After an order is submitted, if you fail to pay in a timely manner, or if the quantity becomes insufficient or reaches the quota limit during the payment period, you may be unable to use the relevant services.

3.4 Promotional measures launched by GPUGEEK may be temporary, phased, quantity-limited, or applicable only to customers who meet specific conditions. You shall purchase and use the relevant services in accordance with the corresponding rules. Unless otherwise expressly stated in writing, promotional measures may not be stacked or used together.

IV. Service Fees and Payment

4.1 The settlement methods for the services may include prepaid and postpaid methods, subject to the specific billing rules of GPUGEEK products. To ensure timely activation or continuous provision of services, you shall comply with this Agreement and the Service Rules applicable to the services you use and pay fees in a timely manner. After certain services are activated, even if you do not add new service items or resources or perform new operations, such services may continuously occupy resources and therefore continue to incur charges. You shall renew or close the services in a timely manner.

If you shut down cloud services but do not actively delete the data, it shall be deemed that you have not terminated use of the services. We will contact you promptly after shutdown for confirmation. If you do not make any response within 72 hours after GPUGEEK contacts you, we have the right to delete your user business data. Fees for data retention will be charged before deletion.

From the time when the total amount in your account is less than or equal to RMB 0 and within seven days thereafter, GPUGEEK will retain your user business data but will charge relevant data resource retention fees for the service. After seven days, GPUGEEK will send you a Network Disconnection Notice and delete all of your user business data.

4.2 Promotional measures are established based on specific conditions, such as promotions for products of specific configurations, or promotions that require you to use products for a specific period or in a specific quantity on a one-time basis, such as monthly-package discounts. If you ultimately fail to meet the specific conditions, you will not be entitled to the corresponding promotion, including discounts and voucher gifts, and the parties shall settle fees according to the official website list price of the relevant service at the time of purchase.

4.3 Payment Methods

(1) You may make online payment through your account or recharge for renewal. Alternatively, after mutual agreement between the parties, you may pay fees by bank transfer. To ensure continuity of service, if you choose offline payment, you shall reserve a reasonable period of time for the payment to be verified and for your account recharge to be completed.

(2) For services settled by calendar month, after GPUGEEK provides you with the payment bill for the previous month, you shall verify and confirm it or raise an objection within five business days. If GPUGEEK does not receive your confirmation or objection within five business days, you shall be deemed to have no objection. If you have an objection, both parties shall resolve it through friendly negotiation. If negotiation fails, GPUGEEK system data shall prevail.

4.4 Refund Method

(1) If you no longer use GPUGEEK services for reasonable reasons, you may contact the platform to apply for a refund. The refund rules are as follows:

• Refundable balance = total historical recharge amount of the user - total historical consumption amount of the user.
• The available balance in the account is not the refundable balance. If total consumption exceeds total recharge, no refund is available. However, the balance in the account may still be used for platform consumption.
• Fees for which invoices have already been requested are currently not refundable.
• Before submitting a withdrawal application, please ensure that all instances have been closed and all data has been cleared.
• Once the application is submitted, the system will clear the account balance and vouchers under the account. All data will be automatically cleared and cannot be recovered. Refund applications will be processed uniformly on the 10th day of each month, and the refund amount will be returned to the user account through the original recharge channel.

4.5 You shall pay fees in a timely and full manner in accordance with the Service Rules. If you fail to pay fees in a timely or full manner, GPUGEEK has the right to refuse to activate services or to suspend or terminate services without further notice, and may take one or more of the following measures:

(1) Require you to pay the payable fees and, in addition, pay liquidated damages to GPUGEEK at the rate of 3‰ of the overdue amount for each day of delay until all fees are paid in full;

(2) If your payment is overdue for more than 15 days, GPUGEEK has the right to take measures at any time without further notice, including but not limited to early unilateral termination of the agreement;

(3) If your payment is overdue but you have used prepaid services or have unconsumed cash balance in your account, GPUGEEK has the right to directly use the prepaid fees and cash balance to offset overdue payments and liquidated damages without further notice;

(4) Delete part or all of the information and data stored or generated by you based on your use of GPUGEEK services.

V. Service Support

5.1 GPUGEEK provides after-sales service to you and assists you in answering and handling issues encountered during use of GPUGEEK services.

5.2 GPUGEEK will take basic security protection measures for its systems and equipment in accordance with laws and regulations. If your requirements for security protection measures are higher than the above basic security protection standards, you have the right to purchase higher-configuration security protection services or separately configure other security protection software, systems, or measures according to your own needs. If any of the following occurs, you shall promptly resolve it and avoid affecting GPUGEEK services:

(1) Problems occur in your internal network, including but not limited to overload;

(2) Your own equipment or third-party equipment used by you fails;

(3) You disconnect equipment on your own or cause network interruption by other means;

(4) Any other failure, network interruption, or similar issue caused by your own reasons.

5.3 You shall take necessary and effective security protection measures for the computer information systems, equipment, and other resources you use. If your rights and interests are damaged due to your failure to take the foregoing measures, you shall bear the responsibility yourself.

5.4 GPUGEEK provides availability guarantees within the scope agreed in the Service Rules. If your availability requirements are higher than those specified in the Service Rules, you shall proactively configure high availability for your own system, and GPUGEEK may provide necessary assistance. If GPUGEEK is required to cooperate in design work, the parties shall separately negotiate and confirm the arrangement.

VI. Amendment and Termination of the Agreement

6.1 To provide you with more complete services, GPUGEEK has the right to carry out inspection, maintenance, upgrade, optimization, and other work on the service platform or relevant equipment, systems, software, and related items on a regular or irregular basis, collectively referred to as “Routine Maintenance.” If Routine Maintenance causes interruption or suspension of GPUGEEK services within a reasonable period, GPUGEEK shall not be liable to you for this. However, GPUGEEK shall notify you of Routine Maintenance at least 24 hours in advance. If non-routine maintenance is caused by force majeure, fault of basic operators, or other reasons, GPUGEEK shall notify you in a timely manner.

6.2 To ensure service security and stability, GPUGEEK may carry out major adjustments such as data center migration or equipment replacement. Such circumstances may cause interruption or suspension of GPUGEEK services within a reasonable period, and GPUGEEK shall not be liable for this. However, GPUGEEK shall notify you 15 days in advance, and you shall cooperate. If you do not cooperate with the adjustment or GPUGEEK is unable to contact you, the consequences arising therefrom shall be borne by you.

6.3 If the specific service you purchase has a storage function, after the service expires or is terminated, GPUGEEK will retain any information, including data stored by you in the service, for the corresponding period according to the Service Rules of the service. You shall bear any fees incurred during the retention period, if any, settle all fees on time, and complete all data migration. After the retention period expires, the foregoing information will be deleted.

6.4 You understand and agree that computing machines on the GPUGEEK Platform that carry storage and computing services may temporarily prevent you from accessing data due to hardware failures, network issues, and force majeure factors. The GPUGEEK Platform will issue vouchers to you as compensation for the period during which access is unavailable and will take appropriate measures to restore machine availability. In such circumstances, you agree not to claim breach of contract or compensation liability against GPUGEEK.

6.5 GPUGEEK has the right to adjust or terminate part or all of the services at any time according to its own operational arrangements, including but not limited to taking services offline, iteration, and integration. However, GPUGEEK shall notify you at least 15 days in advance so that you can carry out relevant data migration, backup, and business adjustment to protect your lawful rights and interests.

6.6 Given the rapid development and changes in internet services and related fields, you understand and agree that we have the right to revise this Agreement and its terms from time to time based on changes in laws and regulations and/or operational needs and publish such revisions on the website. Such revisions shall become effective upon public announcement and do not require separate individual notice. If you continue to use the services after such revisions are published, it means that you have fully read, understood, and accepted all contents of the revised Agreement and will use the services in accordance with such contents. If you do not agree to the revised Agreement, you shall stop using the services.

6.7 If GPUGEEK discovers on its own, or based on information from relevant departments or complaints from rights holders, that you may have violated relevant laws, regulations, or this Agreement, GPUGEEK has the right to independently judge based on ordinary understanding and unilaterally take one or more of the following measures at any time:

(1) Require you to immediately delete or modify relevant content. If you do not take any measures within 72 hours after account suspension and/or freezing, GPUGEEK has the right to delete your user business data;

(2) Restrict or suspend provision of all or part of GPUGEEK services to you, including but not limited to directly taking part of your services offline and reclaiming relevant resources, and imposing operational restrictions or account freezing measures on your account;

(3) Terminate provision of GPUGEEK services to you and terminate the agreement, including but not limited to directly taking all of your services offline and reclaiming relevant resources;

(4) If GPUGEEK terminates services to you or terminates the agreement pursuant to this Agreement, the fees prepaid by you will be retained by GPUGEEK as liquidated damages;

(5) Pursue your other liabilities in accordance with the law.

6.8 Measures taken pursuant to this Agreement, including but not limited to service suspension, fee deduction, and termination of the agreement, shall not be deemed a breach by GPUGEEK. Any losses caused to you as a result, including but not limited to business suspension and data clearing, shall be borne by you. You shall bear the responsibilities and consequences arising from your breach of this Agreement. If GPUGEEK or any third party suffers losses as a result, you shall compensate them.

6.9 To reasonably protect the interests of you, your users, rights holders, and all other parties, GPUGEEK has the right to formulate dedicated infringement and complaint procedures and systems, and you shall comply with them. If GPUGEEK receives a complaint or report from a third party against you, GPUGEEK has the right to disclose your relevant materials to the third party, such as your entity information and all materials you submit in a counter-notice, relevant evidence, and related documents, 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 submission of evidence. If you complain about or report another GPUGEEK customer, GPUGEEK also has the right to disclose your relevant materials to the complained-against party, such as your entity information and all materials you submit in the notice or report, relevant evidence, and related documents, and require you to negotiate with the complained-against party so as to resolve complaints and disputes in a timely manner and protect the lawful rights and interests of all parties. You shall cooperate; otherwise, your continued use of GPUGEEK services may be affected, and any losses caused to you or others shall be borne by you.

VII. Your Rights and Obligations

7.1 You have the right to unilaterally terminate this Agreement after fulfilling relevant obligations, including but not limited to completing all compensation obligations.

7.2 When using services on the GPUGEEK Platform, you shall comply with relevant laws, regulations, and Service Rules and ensure that you have the business qualifications and capabilities required by laws and regulations. You shall not engage in, and shall not facilitate, any violation of laws or regulations, including but not limited to the following acts:

(1) Opposing the basic principles established by the Constitution;

(2) Using the provided services for virtual currency “mining”;

(3) Endangering national security, disclosing state secrets, subverting state power, or undermining national unity;

(4) Damaging national honor and interests;

(5) Inciting ethnic hatred or ethnic discrimination or undermining ethnic unity;

(6) Undermining national religious policies or promoting cults and feudal superstition;

(7) Spreading rumors, disturbing social order, or undermining social stability;

(8) Disseminating obscene, pornographic, gambling-related, violent, murderous, terrorist, or crime-inciting content;

(9) Insulting or defaming others or infringing others’ lawful rights and interests;

(10) Engaging in any conduct that violates the “Seven Bottom Lines”;

(11) Containing other content prohibited by laws or administrative regulations.

7.3 When using services on the GPUGEEK Platform, you shall maintain internet order and security, shall not infringe the lawful rights and interests of any entity, and shall not engage in or facilitate any of the following acts:

(1) Conducting fraud, false or misleading acts, or acts that infringe others’ intellectual property rights or other lawful rights and interests, such as private servers or plug-ins;

(2) Publishing or disseminating spam, or illegal or non-compliant information involving harm to national order or security, feudal superstition, obscenity, pornography, vulgarity, or similar content;

(3) Violating the operating regulations of networks, equipment, or services connected to the GPUGEEK network; conducting illegal or unauthorized access, misappropriation, interference, or monitoring;

(4) Engaging in any conduct that damages or attempts to damage network security, including but not limited to malicious scanning of websites or servers, illegal system intrusion, and illegal data acquisition by means of viruses, Trojans, malicious code, phishing, or other methods;

(5) Engaging in any conduct that changes or attempts to change system configurations provided by GPUGEEK services or damages system security; using technical or other means to damage or disrupt the operation of GPUGEEK services or others’ use of GPUGEEK services; interfering or attempting to interfere in any way with the normal operation of any GPUGEEK product or any part or function thereof, or producing, publishing, or disseminating the above tools or methods;

(6) Causing yourself to be frequently attacked, including but not limited to DDoS attacks, due to engaging in businesses including but not limited to DNS resolution, security services, domain name agency, reverse proxy, or similar services, and failing to correct the conduct in a timely manner or failing to eliminate the impact as required by GPUGEEK, thereby affecting the GPUGEEK service platform or others;

(7) Engaging in other conduct that damages internet order and security.

7.4 In any of the following circumstances, we have the right to take measures including warnings, freezing, cancellation, termination, suspension, restriction of account use, deletion, blocking, disconnection, unilateral rescission, or termination of this Agreement:

(1) You seriously violate this Agreement or repeatedly violate this Agreement;

(2) We have reasonable grounds to suspect that you may have engaged in illegal acts or acts in violation of this Agreement, and failure to terminate this Agreement may adversely affect us, other users, third parties, public order, or public interests;

(3) You have stolen another person’s account or information, published prohibited information, defrauded others of property, or obtained improper gains by improper means;

(4) Other circumstances under applicable law or this Agreement where this Agreement shall or may be terminated.

7.5 After termination of this Agreement, unless expressly provided otherwise by applicable law, we are not obligated to disclose to you or any third party designated by you any information in your registered service account. We may still pursue your outstanding liability for your past breaches pursuant to this Agreement.

VIII. User Personal Information and Data

8.1 You warrant that the data you store or upload to the GPUGEEK Platform, or process by analysis, distribution, or any other means using GPUGEEK services, is data lawfully collected, obtained, or generated by you, and that you will not and have not infringed the lawful rights of any individual or entity in any manner. When using GPUGEEK services, you shall ensure compliance with the laws of the relevant country or region and shall not upload, download, share, or store illegal content, including pornography, nudity, content violating national security, or similar content. Otherwise, GPUGEEK has the right to cancel the relevant account and pursue liability for violation of the above user terms.

8.2 You warrant that you have the right to use GPUGEEK services to store, upload, analyze, distribute, or otherwise process the foregoing data, and that such processing activities comply with relevant laws and regulations and do not involve any illegality, infringement, or breach of contracts with third parties, and that the data will not be used for illegal or non-compliant purposes.

8.3 You have the right to upload, analyze, delete, modify, and otherwise process data using GPUGEEK services by yourself, subject to the Service Rules of the services you use. You shall operate prudently with respect to deletion, modification, and other processing of data and bear the consequences arising from such operations.

8.4 Protecting any relevant personal information that you may provide to us during your use of the services in accordance with the law is our basic policy. We warrant that we will not publicly disclose or provide to third parties your registration information or legally protected personal information that you fill in or generate during use of the services, except in the following circumstances:

(1) Your express prior consent has been obtained;

(2) Disclosure is required by relevant laws and regulations;

(3) Disclosure is required by relevant government authorities;

(4) Disclosure is required pursuant to an effective court judgment, ruling, or order;

(5) Disclosure is made to government authorities or courts in relevant administrative or judicial procedures to protect our lawful rights and interests or the public interest.

8.5 You shall back up data by yourself according to your own needs. GPUGEEK provides data backup services only as required by relevant laws and regulations or as agreed in the Service Rules, and GPUGEEK assumes liability only within the scope of data backup services provided by law or agreement.

8.6 You shall bear all consequences and responsibilities arising from any violation of laws and regulations relating to the generation, collection, processing, use, or other matters concerning your data. GPUGEEK has the right to terminate all or part of GPUGEEK services provided to you at any time. Any losses suffered or liabilities and expenses borne by you as a result shall be borne by you.

8.7 You agree to accept various commercial advertisements or other types of commercial information placed by us in various ways during provision of services, and you agree to accept commodity, service, or other related commercial information sent by us by email or other means.

8.8 Data Compliance and Cross-Border Data Transfer

8.8.1 Data Nature and Compliance Warranty

1. You warrant and undertake that all data involved, transmitted, processed, or submitted or generated through service interfaces during your use of the services under this Agreement, referred to as “Your Data,” does not contain any data type subject to special regulation by laws and regulations, including but not limited to:

   1. Important data, core data, or national security data as defined by laws and regulations of any country or region;
   2. Industry-sensitive data that must be transmitted or processed only after specific administrative approval or special protection measures are taken, such as human genetic resource information, geographic information, and financial account information.

2. You confirm that you independently assume full responsibility for the legality, legitimacy, accuracy, and completeness of Your Data.

8.8.2 Service Role and Definition of Data Processing

1. Both parties confirm that GPUGEEK acts only as a neutral technical service provider and provides the agreed technical capabilities and support to you through application programming interfaces, APIs, or other technical means.

2. GPUGEEK does not actively access, receive, store, process, analyze, or use any of Your Data. Unless necessary for providing basic technical services and expressly authorized by you, such as temporary log recording for troubleshooting, GPUGEEK does not access the content of Your Data. The services provided by GPUGEEK shall not be interpreted as any form of processing or control of Your Data.

8.8.3 Allocation and Limitation of Responsibility

1. Scope of your responsibility: You shall assume full and ultimate responsibility for the content of Your Data, the manner in which you use the services, and all legal consequences arising therefrom, including but not limited to data security, personal information protection, content compliance, and intellectual property infringement. If GPUGEEK suffers any claim, penalty, or loss due to your violation of the warranty under Article 8.8.1 or any laws or regulations, you shall be responsible for full compensation.

2. Scope of GPUGEEK’s responsibility: GPUGEEK’s responsibility is limited to ensuring the technical availability and stability of the technical services it provides, such as API interfaces, and the accuracy of technical documents, and ensuring conformity with the service level agreement, SLA, commitments publicly released by GPUGEEK or signed as an attachment to this Agreement.

3. Limitation of liability: Under no circumstances shall GPUGEEK bear legal liability for any claims, data leaks, compliance penalties, goodwill losses, or any form of indirect, incidental, or punitive damages directly or indirectly arising from Your Data or your use of the services. The aggregate amount of all data compliance liability assumed by GPUGEEK under this Agreement shall not exceed the service fees actually paid by you for the service matter that gives rise to the liability.

8.8.4 Cross-Border Data Transfer

1. Data cross-domain operations carried out by you based on the services will cause your cloud business data to be transmitted to the region you select or the region where the product is deployed. You shall ensure that you fully have the authority to dispose of the relevant cloud business data, adopt sufficient data security protection technologies and strategies, and ensure that the data transfer complies with applicable laws and regulations, including ensuring that the transmitted data does not contain any content whose transfer or disclosure is restricted or prohibited by applicable law.

2. If your relevant operations may result in cross-border data transfer, such as transfer of data from within China to outside China or transfer of data between different countries or regions, you shall ensure that the relevant cross-border data transfer complies with applicable laws, regulations, and regulatory policies, including obtaining valid authorization from personal information subjects, completing contract clause signing and filing, and completing security assessments, where applicable.

3. If you conduct cross-domain data operations without complying with the foregoing statements and warranties, you may bear corresponding legal consequences. If GPUGEEK and its affiliates suffer actual losses as a result, you shall bear compensation liability.

8.9 The rules for collection, storage, and use of your user information collected by us during provision of services and data generated by you during use of services are set forth in the GPUGEEK Privacy Policy.

IX. Breach Liability and Exemptions

9.1 You shall not attack the GPUGEEK official website, and shall not modify, adapt, translate, or otherwise alter the software, technologies, materials, or other items used in cloud services. You shall not obtain source code involved in cloud services through reverse engineering, decompilation, disassembly, or other similar conduct. Otherwise, all legal consequences arising therefrom shall be borne by you, and GPUGEEK has the right to pursue your legal liability in accordance with the law. You shall respect the intellectual property rights and other lawful rights and interests of GPUGEEK and third parties, and warrant that, in the event of illegal incidents infringing the foregoing rights and interests, you will protect GPUGEEK and its employees, shareholders, partners, and others from being affected or suffering losses as a result. GPUGEEK reserves the right to terminate provision of services to you and not refund any payment if you infringe the lawful rights and interests of GPUGEEK and/or any third party. If your violation of relevant laws or regulations or any provision of this Agreement causes losses to us or any third party, you agree to assume breach liability, including but not limited to compensating us and holding us harmless from any direct and indirect losses, including direct economic losses, goodwill losses, external compensation payments, settlement amounts, attorney fees, litigation fees, and similar expenses.

9.2 If delayed performance of this Agreement or breach by either party is caused by force majeure, reasons attributable to basic operators, cybersecurity incidents, or other events beyond the reasonable control of the parties, neither party shall bear breach liability. However, the affected party shall notify the other party as promptly as possible. If the foregoing event prevents performance of the Agreement for more than 30 days, either party may terminate the Agreement by giving the other party 15 days’ prior written notice. Neither party shall bear breach liability for termination of the Agreement pursuant to this clause.

9.3 In any of the following circumstances, to the extent permitted by applicable law, we shall not bear any liability:

(1) Any personal data leakage and losses arising therefrom due to your disclosure of login credentials to others or sharing your login account with others, or due to hackers obtaining your account and password;

(2) Reasons attributable to basic operators, including but not limited to technical adjustments by telecommunications departments, damage by others to telecommunications or power lines, and installation, modification, or maintenance of telecommunications networks or power resources by telecommunications or power departments;

(3) Temporary shutdowns beyond industry standards caused by problems with computers or mobile terminals, hacker attacks, virus intrusion or outbreaks, government control, or similar causes, resulting in abnormal network operation and personal data leakage, loss, theft, or tampering;

(4) Your use of GPUGEEK services through methods not authorized by GPUGEEK, improper operation by you, or failure of your computer software, systems, hardware, or communication lines;

(5) Other force majeure events.

9.4 You understand and agree that GPUGEEK services are provided on an “as is” basis according to existing technologies and conditions. GPUGEEK will use its best efforts to ensure service continuity and security, but GPUGEEK cannot guarantee that the services provided are completely free from defects. Therefore, even if there are defects in the services provided by GPUGEEK, if such defects cannot be avoided given the industry technology level at the time, they shall not be deemed a breach, and GPUGEEK shall not bear any liability. Both parties shall cooperate in good faith to resolve the issue.

9.5 Normal and short-term network fluctuations are unavoidable given the current industry technology level. GPUGEEK shall not bear any liability or provide compensation for them.

9.6 GPUGEEK cannot fully guarantee the legality, authenticity, accuracy, or completeness of outputs obtained by you through the services. You shall independently judge the outputs in the services and bear all risks arising from use of the content. Unless expressly provided by law, GPUGEEK shall not and will not be liable for any losses or damages resulting from the foregoing risks. Outputs under GPUGEEK products and services do not constitute professional advice. Relevant views are for reference only and do not represent the position of GPUGEEK or its products. Due to the characteristics of machine learning, the same input may produce different output results, and you shall exercise caution in identifying them. Any judgment you make based on output content, any subsequent related operations you carry out, and the consequences and liabilities arising therefrom shall be borne by you.

9.7 Under any circumstances, GPUGEEK’s total compensation liability to you based on this Agreement, relevant orders, and GPUGEEK services, whether based on contract, tort, or any other theory of liability, shall not exceed the total amount of fees you have paid to GPUGEEK for the GPUGEEK service that caused your loss. If the service term of the corresponding GPUGEEK service causing your loss exceeds 12 months, GPUGEEK’s maximum compensation liability shall not exceed the total amount of fees you paid to GPUGEEK for the GPUGEEK service causing your loss during the 12 months before the damage occurred. For avoidance of doubt, the fees here refer to cash actually paid for the duration or quantity of actual use of the service, excluding vouchers and prepaid but unconsumed fees. Compensation will be issued to you in the form of vouchers. If this clause conflicts or is inconsistent with other agreements between the parties or 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 and, at the same time, comply with other applicable export control, sanctions, and anti-sanctions laws, regulations, orders, and other measures, collectively 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 directly or indirectly use, transfer, resell, or provide them for any military purpose or any other purpose prohibited or restricted by Export Control and Sanctions Regulations. You shall 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 in violation of such regulations, or conduct any activity that violates Export Control and Sanctions Regulations through GPUGEEK products or services. For clarity, you are fully responsible for relevant compliance matters involved in your use of GPUGEEK products or services, including your operations of producing or transferring products, processing content, and providing products or content to end users through GPUGEEK products or services. Any liability borne by GPUGEEK or any damage suffered by GPUGEEK due to your false statement or failure to fulfill the above commitments, including but not limited to losses that GPUGEEK may suffer, such as revenue losses, profit losses, opportunity losses, customer losses, fines, penalties, costs, expenses, attorney fees, litigation fees, preservation fees, and preservation insurance fees, if any, shall be fully borne by you.

9.9 You warrant and undertake that: 1) you or the company you represent and its subsidiaries, directors, officers, and, to your knowledge, its shareholders, affiliates, agents, or employees, whether as natural persons or entities, are not restricted persons 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, or other measures; 2) any funds that you or the company/entity you represent have provided or will provide under this Agreement shall not be directly or indirectly related to restricted persons, money laundering, terrorist financing, or any activity that may violate applicable laws or regulations. Any funds you have received or will receive under this Agreement shall not be directly or indirectly used to support or assist any activity that violates applicable laws or regulations, including activities that may cause any party to violate sanctions or activities prohibited by sanctions; 3) any liability borne by GPUGEEK or any damage suffered by GPUGEEK due to your false statement or failure to fulfill the above commitments, including but not limited to losses that GPUGEEK may suffer, such as revenue losses, profit losses, opportunity losses, customer losses, fines, penalties, costs, expenses, attorney fees, litigation fees, preservation fees, and preservation insurance fees, if any, shall be fully borne by you.

9.10 For the purposes of the foregoing two clauses, “restricted persons” means: 1) persons on sanctions lists or persons owned or controlled by, or acting as agents or representatives of, persons on sanctions lists; 2) persons located in or permanently resident in comprehensively sanctioned countries, or registered and established in such countries; 3) sanctioned persons with whom relevant transactions, activities, or business dealings are prohibited under relevant laws and regulations. For the purposes of this Article XI, “sanctions” means any applicable economic sanctions laws, regulations, or restrictive measures formulated, administered, or implemented by the Ministry of Commerce of China, Ministry of Foreign Affairs of China, United Nations Security Council, U.S. Department of the Treasury Office of Foreign Assets Control, U.S. Department of State, U.S. Department of Commerce, the European Union, and other relevant government agencies or departments, referred to as “Sanctions Authorities.” “Sanctions Lists” means sanctions lists published by Sanctions Authorities, including but not limited to China’s anti-sanctions list, unreliable entity list, export control list, watch list, the Specially Designated Nationals and Blocked Persons List issued by the U.S. Department of the Treasury Office of Foreign Assets Control, OFAC, the Consolidated List of Financial Sanctions Targets published by HM Treasury, the Consolidated Financial Sanctions List published by the European Union, and similar lists.

X. Governing Law and Dispute Resolution

10.1 The formation, performance, interpretation, and dispute resolution relating to this Agreement shall be governed by the laws of the People’s Republic of China.

10.2 Any dispute arising from performance of this Agreement shall be resolved by the parties through friendly negotiation. If no agreement is reached within 30 days after one party sends a written negotiation notice to the other party, either party may submit the dispute to the Beijing Arbitration Commission for arbitration in accordance with its arbitration rules then in effect. The arbitral award shall be final and binding on both parties.

10.3 All arbitration-related claims, damages, losses, liabilities, litigation and arbitration costs, including but not limited to notarization fees, translation fees, preservation fees, preservation insurance fees, and other litigation and arbitration costs and expenses, as well as other expenses including but not limited to reasonable 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 if you have any questions or comments regarding GPUGEEK’s practices and operations under this Service Agreement, you may log in to the GPUGEEK official website and submit a ticket through “Console — Ticket List — Create Ticket,” send an email to service@gpugeek.com, or call customer service at 18516569845 during business days from 10:00 to 18:00. We will respond to your request within 15 days.

11.2 If you are not satisfied with our reply, especially where our personal information processing activities have damaged your lawful rights and interests, you may also seek remedies through the channels agreed in this Agreement.

XII. Miscellaneous

12.1 Unless otherwise stated, all references to “days” in the body of this Agreement and its attachments mean calendar days, and the settlement currency is Renminbi, RMB.

12.2 If any provision of this Agreement is wholly or partially invalid or unenforceable for any reason, the validity of the other provisions of this Agreement shall not be affected. In such circumstances, the parties shall negotiate within the lawful scope to determine a new provision so as to achieve, to the maximum extent possible, the original intent of the original provision.

12.3 The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

12.4 Any waiver or delay by either party in exercising all or part of its rights under this Agreement shall not be deemed a waiver of any other rights under this Agreement or any similar rights.

12.5 This Agreement constitutes the complete agreement between the parties with respect to the content or purpose of this Agreement. All understandings existing before the execution of this Agreement or inconsistent or conflicting with this Agreement, whether oral, written, or in any other form, shall be invalid.

12.6 We have the right to modify these Terms of Service and the corresponding Service Rules and will announce or notify such modifications by webpage announcement, email, internal message, SMS, or other means. If you continue to use the services after changes to these Terms of Service, it means that you have fully read, understood, and accepted the modified content and will comply with the modified terms.