Terms and Conditions

These Self-Service Terms of Service (the "Terms") constitute a legally binding agreement between "ELEVEIGHT AI" Closed Joint Stock Company, a company incorporated under the laws of the Republic of Armenia, registration number 264.120.1447619, tax identification number 08296664, with its registered office at 1/31 Azatutyan Avenue, Arabkir, 0037 Yerevan, Republic of Armenia ("Eleveight," "we," "us," or "our"), and the individual or legal entity that creates an Account, purchases, accesses or uses a self-service Service through the Platform ("Customer," "you," or "your").

These Terms apply only to Services made available by Eleveight through its online self-service Platform for electronic purchase and use by Customers. The commercial parameters of each purchase, including the relevant Service, configuration, quantity, usage volume, validity period, price and billing method, are those displayed to Customer on the Platform at or before the time of purchase.

If an individual accepts these Terms or uses the Services on behalf of a company or other legal entity, that individual represents and warrants that the individual has full authority to bind that entity. Eleveight may rely on that representation and is not required to verify Customer's internal approvals, authority matrices or corporate procedures.

If Customer does not agree to these Terms, Customer must not create or use an Account, purchase a Service or access or use the Services.

1.DEFINITIONS

For purposes of these Terms:

"Account" means the account created for Customer on the Platform through which Customer may purchase, access, configure, deploy, monitor, manage, stop or terminate Services and view billing, payment and usage information.

"Applicable Trade Controls" means all export-control, re-export, transfer, sanctions, restricted-party, end-use, end-user and geographic restrictions applicable to Eleveight, Customer, the Services or relevant hardware, software or technology, including, where applicable, the U.S. Export Administration Regulations (EAR), applicable U.S. sanctions requirements and the terms, conditions and restrictions of any export license, authorization or approval applicable to Eleveight or the relevant items.

"Authorized User"means an identifiable individual who is permitted by Customer to access or use the Account or Services on Customer's behalf.

"Available Balance"means the amount displayed in Customer's Account as available for application toward Service Fees. Available Balance may include Prepaid Funds and Promotional Credits and does not necessarily represent the amount refundable to Customer.

"Country of Concern"means any country or jurisdiction designated as such, or subject to equivalent access restrictions, under Applicable Trade Controls or an export authorization applicable to Eleveight. Where the applicable authorization uses the list provided to Eleveight, the list includes Belarus, the Democratic People's Republic of Korea, Iran, the People's Republic of China (including Hong Kong and Macau), and Russia, as such list may be amended or replaced by the competent authority.

"Customer Data" means any data, software, applications, files, models, datasets, content, instructions, code or other materials submitted, uploaded, stored, transmitted, processed or generated by or on behalf of Customer through the Services.

"Consumer"means an individual who enters into these Terms for purposes outside that individual's trade, business, craft or professional activity, to the extent that individual is treated as a consumer under mandatory applicable law.

"Durable Medium" means any instrument that enables Customer to store information addressed personally to Customer in a manner accessible for future reference for a period adequate for the purposes of the information and that permits unchanged reproduction of the information, including email or a downloadable electronic document, to the extent recognized by applicable law.

"Enhanced KYC Configuration" means a Service configuration for which enhanced customer due diligence is required under Applicable Trade Controls, an export authorization applicable to Eleveight, or a requirement imposed by a competent authority. Any applicable technical threshold, including an aggregate total processing performance threshold, may be changed by the competent authority from time to time.

"Payment Method" means a payment card or any other payment method accepted by Eleveight or its payment processor for payment of Service Fees or processing of refunds.

"Platform"means Eleveight's website, customer portal, management console, APIs, software, systems and other interfaces through which the Services are offered, purchased, accessed or managed.

"Prepaid Funds" means monetary funds actually received and cleared by Eleveight from Customer in advance for application against Service Fees, excluding Promotional Credits and any other non-cash or complimentary credits.

"Privacy Policy"means Eleveight's privacy policy made available on the Platform, as amended or updated from time to time in accordance with applicable law.

"Promotional Credits" means bonus, promotional, trial, complimentary, marketing or other credits provided by Eleveight without receipt of an equivalent monetary payment from Customer.

"Refundable Balance" means the portion of unused Prepaid Funds, if any, remaining refundable to Customer following final reconciliation and deduction of all Service Fees, pending usage charges, taxes, chargebacks, reversals, amounts owed to Eleveight and other deductions permitted under these Terms or applicable law.

"Restricted Party" means any person or entity whose access to or use of the Services is prohibited or restricted under Applicable Trade Controls, including persons or entities on applicable sanctions, export-control, military end-user, military-intelligence end-user or other restricted-party lists.

"Service" or "Services" means any self-service cloud computing, GPU computing, virtual-machine, bare-metal, storage, networking, AI/ML infrastructure, software, platform functionality or other product, resource or service made available by Eleveight through the Platform from time to time.

"Service Plan" means the particular Service package or purchase selected by Customer through the Platform, including its displayed Service type, configuration, quantity, usage volume, price, billing unit, duration or validity period and other commercial or technical parameters.

"Service Fees" means all fees, charges, usage-based amounts, taxes where applicable and other amounts payable by Customer in connection with the Services.

"Subscription" means a Service Plan expressly identified on the Platform as recurring and automatically renewable. A Service Plan is not a Subscription unless the Platform clearly states that it renews automatically.

"Usage Records"means Eleveight's systems, logs, metering records and other electronic records used to measure or determine Customer's allocation, deployment, consumption or use of the Services.

2.SCOPE, ELECTRONIC CONTRACTING AND PLATFORM TERMS

2.1 Self-Service Scope

These Terms govern only self-service Services purchased electronically through the Platform. Customer's purchase is governed by these Terms together with the commercial parameters displayed for the applicable Service Plan at the time of purchase.

2.2 Electronic Acceptance

Electronic acceptance of these Terms, electronic purchase instructions, Account activity, payment confirmations and other electronic records are valid and binding to the maximum extent permitted by applicable law.

2.3 Platform Information

Service descriptions, configurations, technical limits, pricing, billing units, usage quantities, validity periods and other commercial or technical parameters displayed on the Platform form part of the applicable Service Plan.

Customer is responsible for reviewing the displayed Service Plan before purchase.

Where Customer is a Consumer and mandatory applicable law applies, Eleveight will make available before Customer submits a binding purchase instruction the information required by such law, which may include Eleveight's identity and contact information, the material characteristics of the Services, the total price or method of calculation, payment and performance arrangements, duration and termination conditions, complaint-handling information, withdrawal rights and conditions, and other mandatory pre-contract information.

2.4 No Oral or Informal Modification

Except for amendments to these Terms made by Eleveight in accordance with Section 26, oral statements, support communications, emails, prior transactions, marketing materials, sales communications or other informal communications do not amend these Terms or the applicable Service Plan and do not create any additional representation, warranty, capacity commitment, service-level commitment or other obligation binding on Eleveight.

Any modification, waiver or additional commitment applicable to a particular Customer or Service Plan shall be binding on Eleveight only if expressly set out in a written instrument signed by an authorized representative of Eleveight, unless these Terms expressly provide otherwise.

2.5 Order Review and Correction of Errors

Before submitting a binding purchase instruction, Customer shall review the selected Service Plan and all material purchase information. To the extent required by applicable law, the Platform will provide a reasonable opportunity to identify and correct material input errors before Customer submits the purchase instruction.

Customer remains responsible for the accuracy of information and selections confirmed through the Account, except to the extent an error is directly caused by the Platform and Customer could not reasonably identify or correct it before purchase.

2.6 Payment Obligation at Checkout

Where a purchase creates an obligation to pay, the final purchase, payment, subscription or similar action shall be identified in a manner that makes the payment obligation reasonably clear and, where mandatory consumer law prescribes specific wording or functionality, Eleveight will use wording or functionality compliant with that requirement.

By activating the applicable purchase, payment, subscription, deployment or similar control, Customer confirms the selected Service Plan and acknowledges the resulting payment obligation, subject to mandatory applicable law.

2.7 Contract Confirmation and Durable Medium

Eleveight may provide purchase confirmations, these Terms, Service Plan information and other contractual information through the Account, email, downloadable documents or other electronic means.

Where mandatory applicable consumer law requires a contract copy, confirmation or specified information to be provided on a Durable Medium, Eleveight shall provide or make such information available within the period and in the manner required by that law, including, where applicable, before provision of the Services begins.

Customer is responsible for retaining copies of confirmations, invoices, Service Plan information and other records made available through the Platform.

2.8 Order of Precedence

In the event of any conflict or inconsistency between these Terms, the applicable Service Plan information displayed on the Platform at the time of purchase, and the Privacy Policy, the following order of precedence shall apply:

• the specific commercial and technical parameters expressly displayed for the applicable Service Plan at the time of purchase shall prevail, but only with respect to the particular Service type, configuration, quantity, usage volume, billing unit, price, duration or validity period, region, and other specific commercial or technical parameters expressly stated for that Service Plan. The applicable Service Plan shall also prevail, solely to the extent expressly stated, with respect to any other matter that these Terms expressly permit the Service Plan to specify, vary, supplement or provide otherwise;
• these Terms shall prevail in all other respects, including with respect to eligibility, Account use, payment obligations, refunds, acceptable use, compliance, Applicable Trade Controls, suspension, termination, disclaimers, limitation of liability, indemnification, intellectual property, governing law and dispute resolution, except to the extent these Terms expressly permit the applicable Service Plan to specify, vary, supplement or provide otherwise with respect to the relevant matter; and
• the Privacy Policy shall govern solely with respect to the collection, use, disclosure and other processing of personal data and shall not modify the commercial terms of a Service Plan or create any additional warranty, service-level commitment or other commercial obligation unrelated to personal-data processing.

No statement, description or other information displayed on the Platform shall override or modify these Terms unless it is expressly identified as a term of the applicable Service Plan and either (i) relates to a specific commercial or technical parameter described in paragraph (a), or (ii) concerns a matter that these Terms expressly permit the applicable Service Plan to specify, vary, supplement or provide otherwise.

For the avoidance of doubt, a Service Plan shall not override or modify these Terms merely because it contains different or additional language, unless the relevant difference falls within paragraph (a) or these Terms expressly authorize the Service Plan to govern that particular matter.

3.ACCOUNT AND ACCOUNT SECURITY

3.1 Account Requirement

Customer must maintain an Account to purchase, access and manage the Services.

Customer shall provide accurate, truthful, complete and current information and shall not create or maintain an Account using false, misleading, fraudulent or unauthorized information.

3.2 Account Credentials

Customer is solely responsible for safeguarding usernames, passwords, API keys, authentication tokens, private keys and other credentials used to access the Account or Services.

Customer shall use commercially reasonable security practices, including multi-factor authentication where made available or required by Eleveight.

3.3 Authorized Users

Customer is solely responsible for selecting Authorized Users, granting and managing their permissions, periodically reviewing access rights, promptly revoking access when no longer required and ensuring that Authorized Users comply with these Terms.

All acts and omissions of Authorized Users are attributable to Customer.

3.4 Instructions Through the Account

Any purchase, deployment, configuration, modification, deletion, shutdown, API request or other instruction submitted through Customer's Account using valid credentials shall be deemed an instruction of Customer.

Eleveight may rely on such instructions without separately confirming the identity or authority of the person submitting them.

Customer is responsible for the Service Fees and other consequences arising from such instructions, except to the extent directly caused by Eleveight's breach of an express obligation under these Terms.

3.5 Unauthorized Access

Customer shall immediately notify Eleveight of any actual or suspected unauthorized access, compromised credential, account takeover, unauthorized payment activity or other security incident affecting the Account.

Eleveight may immediately suspend or restrict the Account where Eleveight reasonably suspects unauthorized access or compromise.

3.6 No Transfer of Account

Customer may not sell, transfer, lease, assign or otherwise make the Account available to another person or entity without Eleveight's prior written approval.

4.CUSTOMER ELIGIBILITY AND CONTINUING REQUIREMENTS

4.1 Eligibility

Customer may create an Account and use the Services only if Customer:

• has full legal capacity and authority to enter into these Terms;
• is at least eighteen (18) years old, if Customer is an individual, or otherwise has reached the minimum legal age required to enter into a binding contract;
• is located in and accesses the Services from a jurisdiction in which Eleveight permits the relevant Service to be offered;
• is not prohibited from receiving or using the Services under applicable law or Applicable Trade Controls;
• satisfies Eleveight's identity, payment, compliance, security, technical and risk-management requirements;
• uses an authorized Payment Method; and
• uses the Services only for lawful and permitted purposes.

4.2 Customer Requirements May Vary

Eleveight may establish reasonable eligibility, verification, capacity, geographic, payment, security, technical or compliance requirements for particular Services or configurations.

Such requirements may vary based on Service type, computing capacity, hardware, Customer location, access location, ownership, end use, payment risk, security risk, Applicable Trade Controls or other reasonable compliance considerations.

4.3 Continuing Compliance

Customer must satisfy all applicable eligibility and compliance requirements throughout the period of use of the Services.

Customer shall promptly notify Eleveight of any material change affecting Customer's eligibility, including changes in legal name, address, place of business, ownership or control, beneficial ownership, access location, Payment Method, sanctions status, export-control status, end user or intended end use.

4.4 Changes Required by Law or Authorization

Eleveight may modify or apply eligibility and compliance requirements immediately where reasonably necessary to comply with applicable law, Applicable Trade Controls, an export license or authorization, a competent authority request or a binding requirement of a material infrastructure or payment provider.

5.KYC, IDENTITY VERIFICATION AND ENHANCED DUE DILIGENCE

5.1 Right to Conduct KYC

Eleveight may require Customer to complete identity, business, payment, ownership, sanctions, export-control, end-use, end-user, fraud-prevention or other compliance verification before Account activation, before providing a particular Service or configuration, or at any time during Customer's use of the Services.

5.2 Information Eleveight May Require

Eleveight may require Customer to provide, among other things:

• full legal name and, for an entity, registered business name;
• residential address, principal place of business and other relevant business addresses;
• the location or locations from which the Services will primarily be accessed or managed;
• verified email address and telephone number;
• government-issued identification documents;
• corporate registration or incorporation documents;
• information concerning directors, officers, representatives, parent entities, owners and beneficial owners;
• names, addresses and nationalities of natural persons or parent entities ultimately owning or controlling fifty percent (50%) or more of an entity, and persons otherwise exercising substantial control;
• tax information;
• Payment Method information and, where reasonably required, information regarding the means or source of payment;
• information concerning Customer's business activities;
• information concerning the intended end use, end users, counterparties and destination of the Services;
• information reasonably necessary to verify links to a Country of Concern or a Restricted Party; and
• other documents or information reasonably required for legal, regulatory, export-control, sanctions, security, fraud-prevention or payment purposes.

5.3 Enhanced KYC Configurations

Before permitting access to an Enhanced KYC Configuration, Eleveight may require Customer to complete enhanced due diligence and may withhold access until Eleveight is reasonably satisfied that all applicable requirements have been met.

Enhanced due diligence may include verification of Customer's identity, beneficial owners, parent entities, control persons, principal and access locations, source and means of payment, end users, end use, restricted-party status and links to a Country of Concern.

5.4 Verification Methods

To the extent permitted by applicable law and as further described in the Privacy Policy, Eleveight may use reliable documentary and non-documentary verification methods, including government-issued identification, corporate registries, public databases, sanctions and restricted-party screening tools, payment-provider information, fraud-prevention services, IP-based location information and third-party identity or business verification providers.

Eleveight may apply additional verification procedures to foreign persons, foreign entities and foreign beneficial owners where reasonably required by Applicable Trade Controls or risk-based compliance procedures.

5.5 Discrepancies and Additional Information

Customer shall promptly provide additional information requested by Eleveight and shall reasonably cooperate in resolving discrepancies, inconsistencies or verification concerns.

Eleveight is not required to disclose its internal risk-scoring methodology, fraud-detection criteria, screening logic or confidential compliance procedures.

5.6 Pending or Failed Verification

While verification is incomplete, pending or under review, Eleveight may delay Account activation, reject or delay a purchase, impose capacity or transaction limits, restrict functionality, withhold deployment, restrict a refund where reasonably necessary for fraud or verification purposes, or suspend all or part of the Services.

Eleveight may refuse, restrict, suspend or terminate an Account or Service if Customer fails to provide requested information, provides false, misleading, inconsistent or materially incomplete information, cannot be satisfactorily verified, or presents a material legal, regulatory, sanctions, export-control, fraud, payment, security or reputational risk.

Actions taken in good faith under this Section do not constitute a breach by Eleveight, subject to mandatory applicable law.

6.EXPORT CONTROLS, SANCTIONS, COUNTRIES OF CONCERN AND END-USE RESTRICTIONS

6.1 Compliance Obligation

Customer shall comply with Applicable Trade Controls and shall not use, access, transfer, make available or permit use of the Services in a manner that would cause Eleveight, Customer or any material supplier of Eleveight to violate Applicable Trade Controls.

6.2 Restricted Parties and Restricted Relationships

Customer represents and warrants on a continuing basis that, except where expressly authorized by the competent authority and accepted by Eleveight:

• Customer is not a Restricted Party and is not acting for or on behalf of a Restricted Party;
• Customer will not provide access to the Services to a Restricted Party;
• Customer will not use the Services for a prohibited end use or prohibited end user;
• Customer will not transfer controlled technology or permit controlled access in violation of Applicable Trade Controls; and
• Customer will not conceal or misrepresent Customer's identity, ownership, control, access location, end user or end use for the purpose of avoiding a legal or compliance restriction.

6.3 Countries of Concern and Remote Access

Where Applicable Trade Controls or an authorization applicable to Eleveight restrict Infrastructure-as-a-Service access by entities headquartered in, having a parent entity headquartered in, or acting on behalf of an entity headquartered in a Country of Concern, Customer shall not access or permit access to the affected Services in violation of that restriction.

Customer shall not use a VPN, proxy, relay, remote desktop arrangement, intermediary Account, false registration information or other means for the purpose of concealing or misrepresenting the true location, identity, ownership, control, end user or end use of the Services or circumventing Eleveight's compliance controls.

6.4 Government and Restricted-Entity Connections

Customer shall disclose information reasonably requested by Eleveight concerning employment, ownership, control, agency or other relationships with governmental, military, intelligence or restricted entities where such information is relevant to Applicable Trade Controls.

6.5 Prohibited Uses Under U.S. or Other Applicable Law

Customer shall not use the Services, including for development, training, fine-tuning, inference, deployment or enhancement of AI models, for an activity that is prohibited under laws or regulations applicable to the relevant hardware, technology, authorization or use.

6.6 Regulatory Blocking or Termination

Eleveight may immediately block, restrict, suspend or terminate access to a Customer, Authorized User, configuration or Service where required or requested by the U.S. Bureau of Industry and Security (BIS) or another competent governmental, judicial or regulatory authority, or where Eleveight reasonably determines that continued access would create a material risk of violating Applicable Trade Controls.

No advance notice is required where notice is prohibited, impracticable or inconsistent with the regulatory purpose of the action.

Where legally permitted, any unused Refundable Balance remaining after final reconciliation shall be handled in accordance with Section 13.

6.7 Change in Restrictions

Customer acknowledges that Applicable Trade Controls, restricted-party lists, geographic restrictions and authorization conditions may change without advance notice to Eleveight. Eleveight may modify, restrict or discontinue affected Services as reasonably necessary to remain compliant.

7.SERVICE PLANS, PURCHASES AND PROVISIONING

7.1 Selecting a Service Plan

Customer may select and purchase available Service Plans through the Platform.

A Service Plan may specify the Service type, GPU or hardware model, configuration, quantity, computing capacity, usage volume, billing unit, price, validity period, region and other commercial or technical parameters.

7.2 Customer Confirmation

Before purchase, Customer is responsible for reviewing the applicable Service Plan, including its configuration, quantity, price, billing model, usage limits and validity period.

By clicking a purchase, pay, subscribe, deploy or similar button, Customer submits a binding purchase instruction for the selected Service Plan.

7.3 Acceptance by Eleveight

A purchase becomes effective when Eleveight confirms acceptance or begins provisioning the relevant Service, whichever occurs first.

Payment alone does not require Eleveight to provide a Service that is unavailable or that Customer is not eligible to receive.

7.4 Rejection Before Provisioning

Eleveight may reject or cancel a purchase before provisioning where the resource is unavailable, payment has not cleared, Customer has insufficient funds, required verification remains incomplete, fraud or unauthorized activity is suspected, Applicable Trade Controls or other legal restrictions apply, or a technical or security issue prevents provisioning.

If Eleveight cancels a prepaid purchase before any chargeable Service is provided, the corresponding unused monetary amount shall remain in or be restored to Customer's Available Balance. Customer may request a refund of such amount in accordance with Section 13.

Where mandatory applicable law requires such amount to be refunded without a separate request or otherwise grants Customer a non-waivable right to a refund, Eleveight shall process the refund to the extent and within the period required by such law.

7.5 Commencement of Usage or Validity Period

Unless the Platform expressly states otherwise for the applicable Service Plan, any stated usage, duration or validity period begins when the relevant Service is successfully provisioned and made available for Customer's use, whether or not Customer immediately begins using the Service.

7.6 Service Plan Consumption

Customer's purchased quantity or usage volume is consumed in accordance with the billing metric displayed for the applicable Service Plan.

Once the purchased quantity, prepaid balance or applicable validity period is exhausted, Eleveight may stop or restrict the affected Service unless Customer makes an additional purchase or a Subscription renews in accordance with Section 11.

8.AVAILABILITY, CAPACITY AND RESOURCE CONSTRAINTS

8.1 Subject to Availability

All self-service Services are provided subject to resource availability.

8.2 Display Does Not Reserve Capacity

The fact that a GPU model, hardware configuration, region, Service Plan or price is displayed on the Platform does not mean that Eleveight has reserved that resource for Customer before the purchase is accepted and the relevant resource is provisioned.

8.3 Resource Constraints

Eleveight may refuse, delay, limit or restrict provisioning or scaling due to insufficient capacity, hardware shortages, unexpected demand, supplier limitations, maintenance, technical restrictions, security concerns, legal or compliance restrictions or other reasonable operational considerations.

8.4 No Liability Before Provisioning

To the maximum extent permitted by applicable law, Eleveight shall not be liable for inability or delay in provisioning an on-demand resource due to capacity limitations or resource unavailability before the purchase has been accepted and the Service successfully provisioned.

8.5 No Future Capacity Commitment

Prior availability, prior purchases, historical usage, Account quotas or communications with Eleveight personnel do not create any commitment that the same Service, GPU model, capacity, region or price will remain available in the future.

8.6 Hardware Replacement

Customer acquires the right to use the Service described in the Service Plan, not ownership or possession of any specific physical device or serial-numbered hardware.

Eleveight may repair, replace, migrate or substitute failed or unavailable infrastructure with the same or reasonably equivalent infrastructure where technically appropriate and consistent with the Service Plan.

9.PRICES, PAYMENT, TAXES AND CHARGEBACKS

9.1 Applicable Price

Customer shall pay the price or rate displayed for the applicable Service Plan at the time of purchase.

If a Service Plan expressly specifies a fixed price for a stated quantity, period or package, that price applies to that purchase.

For usage charged on an ongoing basis without a fixed-price period, the rate applicable when the usage occurs shall apply.

9.2 Prospective Price Changes

Eleveight may change prices for future purchases, future renewals and future usage. A price change does not retroactively alter charges for Services already consumed, except to correct a manifest billing error or as required by law.

9.3 Pricing Errors

If the Platform displays an obvious pricing, configuration or technical error, Eleveight may correct the error before provisioning, cancel the affected purchase or discontinue future provision at the erroneous price upon reasonable notice.

Customer shall not knowingly exploit an obvious or manifest pricing error.

9.4 Prepayment

Unless a Service Plan expressly states otherwise, paid self-service Services are provided on a prepaid basis.

Funds are treated as Prepaid Funds only after they have been successfully received and cleared through an approved Payment Method.

Prepaid Funds constitute a contractual prepayment solely for the purchase and use of Services. They are not a bank deposit, payment account, stored-value account, electronic money, security, investment or other financial product; they do not bear interest; and they may not be transferred, assigned, redeemed or withdrawn except through the refund procedures expressly provided in Section 13 or as otherwise required by mandatory applicable law.

9.5 Payment Authorization

Customer represents and warrants that Customer is authorized to use each Payment Method associated with the Account.

Customer authorizes Eleveight and its payment processors to charge amounts expressly authorized by Customer or otherwise validly due under these Terms.

9.6 Payment Processors

Eleveight may use third-party payment processors to process payments, card information, refunds and related transactions.

9.7 Failed Payments

If a payment fails, is reversed or is declined, Eleveight may retry the transaction, request another Payment Method, restrict or suspend Services, or deduct valid unpaid amounts from other funds held in Customer's Account.

9.8 Chargebacks

A chargeback does not extinguish Customer's obligation to pay valid Service Fees.

If Customer initiates a chargeback in relation to Services actually purchased or consumed, Eleveight may suspend the Account while the dispute is investigated.

Customer shall reimburse Eleveight for reasonable third-party fees directly incurred as a result of an unjustified or fraudulent chargeback, to the extent permitted by applicable law.

9.9 Taxes

Unless expressly stated otherwise, prices exclude VAT, sales tax, GST and other applicable taxes.

Where Eleveight is legally required to collect tax from Customer, the applicable amount may be added to the Service Fees or deducted from Customer's balance as permitted by law.

Customer shall provide accurate tax residence, billing, VAT identification and other tax information reasonably requested by Eleveight.

9.10 No Set-Off, Deductions or Withholding

To the maximum extent permitted by applicable law, all amounts payable by Customer to Eleveight shall be paid in full, without set-off, counterclaim, deduction, withholding or reduction of any kind, except where a deduction or withholding is required by mandatory applicable law or expressly agreed by Eleveight in writing.

Customer may not withhold, reduce or defer any amount otherwise validly due to Eleveight on the basis of any claim, dispute, alleged breach or other amount Customer asserts against Eleveight, except to the extent such right cannot lawfully be excluded or the amount has been finally determined by a competent court or expressly accepted by Eleveight in writing.

If Customer is required by applicable law to deduct or withhold any tax or other governmental charge from a payment due to Eleveight, Customer shall, to the maximum extent permitted by applicable law, increase the payment so that Eleveight receives the same net amount it would have received had no deduction or withholding been required. Customer shall timely remit the deducted or withheld amount to the competent authority and, upon request, provide Eleveight with reasonable evidence of such remittance.

The foregoing gross-up obligation does not apply to taxes imposed on Eleveight's net income solely by reason of Eleveight being incorporated, resident or carrying on business in the relevant taxing jurisdiction, or to the extent mandatory applicable consumer law prohibits such obligation from being imposed on a Consumer.

10.USAGE MEASUREMENT, PREPAID BALANCE AND INSUFFICIENT FUNDS

10.1 Usage Metrics

Service Fees may accrue based on seconds, minutes, hours, days, allocated compute resources, storage volume, network traffic, licensed software, capacity or other billing metrics disclosed for the applicable Service Plan.

A Service may be subject to a minimum billing increment or rounding rule disclosed on the Platform.

10.2 Usage Records

Eleveight's Usage Records constitute the primary and authoritative basis for calculation of Service usage and Service Fees, absent manifest error.

Customer is responsible for monitoring usage and billing information available through the Account.

10.3 Billing Disputes

Customer must notify Eleveight of a disputed usage charge within thirty (30) calendar days after the relevant charge is made reasonably available through the Account, unless mandatory law provides a longer period.

The notice must identify the disputed charge and provide sufficient information for Eleveight to investigate.

10.4 Available Balance

The Available Balance displayed in the Account is an operational record and may not reflect all accrued but not yet processed Service Fees.

Certain charges may be recorded after the underlying usage occurred.

10.5 Insufficient Balance

Customer is responsible for maintaining sufficient Available Balance to cover continued use of Services.

Eleveight may provide low-balance notifications as a convenience but is not obligated to do so, and Customer shall not rely exclusively on such notifications.

If Customer's Available Balance becomes insufficient, Eleveight may automatically and without prior notice reject new purchases, prevent creation of new resources, stop compute resources, restrict network access, disable APIs, suspend Services or terminate affected resources.

Eleveight is under no obligation to permit a negative balance or extend credit.

10.6 Continuing Charges for Associated Resources

Stopping, suspending or disabling a compute resource may not terminate all associated billable resources.

Charges may continue for storage, disks, snapshots, reserved IP addresses, third-party licenses or other separately billed components until Customer terminates or deletes those resources in accordance with the Platform.

11.SUBSCRIPTIONS, RENEWAL AND ADDITIONAL PURCHASES

11.1 No Automatic Renewal Unless Clearly Stated

A Service Plan renews automatically only if the Platform clearly identifies it as a Subscription and, before Customer subscribes, discloses the applicable renewal period, recurring charge or the method by which that charge is calculated, and the method by which Customer may cancel future renewals.

If a Service Plan is not identified as automatically renewable, the purchase is one-time and does not automatically renew.

11.2 Authorization for Recurring Charges

By purchasing a Subscription, Customer authorizes Eleveight and its payment processor to charge the applicable Payment Method for each renewal until Customer cancels the Subscription or it is otherwise terminated.

11.3 Cancellation of Subscription

Customer may cancel a Subscription through the Platform or another method made available by Eleveight.

Cancellation stops future renewals but does not retroactively cancel Services already provided or Service Fees already accrued.

11.4 Additional Purchases

Customer may purchase additional Services, capacity or usage volume at then-current prices, subject to availability and continuing eligibility.

Each additional purchase is a separate self-service purchase governed by these Terms and the commercial parameters displayed at the time of that purchase.

12.STOPPING AND TERMINATING INDIVIDUAL SERVICES

12.1 Customer Right to Stop or Terminate

Unless the applicable Service Plan states otherwise, Customer may stop or terminate an on-demand Service through the Platform.

12.2 "Stop" Is Not Necessarily "Terminate"

Stopping or powering down a compute instance may not release or terminate all underlying or associated billable resources.

A charge ceases only when the relevant resource has been effectively terminated or otherwise stops being chargeable under the applicable Service Plan and Platform functionality.

12.3 Customer Responsibility to Delete Resources

Customer is responsible for fully terminating, releasing or deleting resources that Customer no longer wishes to use or pay for.

12.4 Delayed Technical Processing

If Customer submits a valid termination instruction and technical processing is delayed solely because of Eleveight's systems, Customer shall not be charged for usage solely resulting from that Eleveight-caused delay after the effective termination instruction can reasonably be verified.

13.REFUND OF UNUSED PREPAID FUNDS

13.1 General Principle

Subject to this Section, Customer may request a refund of unused Prepaid Funds remaining after Customer terminates the relevant Services or closes the Account.

13.2 Refundable Balance

The amount subject to refund is the Refundable Balance, not necessarily the Available Balance displayed in the Account when the refund is requested.

13.3 Services Already Consumed

Amounts attributable to Services already consumed or otherwise properly chargeable under the applicable Service Plan are earned by Eleveight and non-refundable.

Where a Service Plan is priced by quantity, volume or a package, the consumed portion shall be determined in accordance with the usage and pricing rules applicable to that Service Plan.

13.4 Final Reconciliation

Before calculating the Refundable Balance, Eleveight may complete a final reconciliation and deduct accrued Service Fees, usage not yet reflected in the Account, taxes, valid unpaid amounts, payment reversals, chargebacks, amounts owed to Eleveight and other deductions required or permitted by these Terms or applicable law.

13.5 Promotional Credits

Promotional Credits, free credits, trial credits and other non-cash benefits are not refundable and have no cash redemption value.

13.6 Refund Request

Except where mandatory applicable law requires otherwise or Eleveight expressly elects to process a refund automatically, Customer must submit a valid refund request through the Platform or another method designated by Eleveight. Termination of a Service or closure of an Account does not by itself require Eleveight to remit unused Prepaid Funds without such request.

For a contractual refund under this Section, a refund request is complete when Customer has provided the information reasonably required by Eleveight to identify the relevant payment, verify entitlement to the funds and complete any required payment, fraud, KYC, sanctions, export-control or other compliance checks.

13.7 Refund Method

Refunds will ordinarily be returned to the original Payment Method used to fund the Account.

Eleveight may require additional verification before using an alternative refund method. An alternative method may be used only where permitted by applicable law and reasonably supported by Eleveight's payment systems.

Customer acknowledges that the initiation, transmission, processing, conversion or receipt of a refund may involve fees, charges or deductions imposed by banks, payment processors, card networks, intermediary institutions or other third-party payment service providers. Such fees, charges and deductions shall be governed by Section 13.8.

13.8 Refund Costs and Third-Party Charges

Except to the extent expressly prohibited by mandatory applicable law, Customer shall bear all bank fees, payment processor fees, card-network charges, intermediary bank fees, transfer fees, currency-conversion costs and other third-party fees, charges or costs arising from or associated with the initiation, processing, transmission, conversion, return or receipt of any refund, repayment or return of funds under these Terms.

This Section applies to all refunds, repayments and returns of funds, including those arising from termination of a Service, closure of an Account, return of unused Prepaid Funds, a statutory withdrawal right, termination or discontinuation by Eleveight, or any other contractual, statutory or legal basis.

Where any such fee, charge or cost is incurred by or charged to Eleveight in connection with processing a refund, Eleveight may, to the maximum extent permitted by applicable law, deduct the actual amount of that fee, charge or cost from the amount otherwise refundable to Customer.

Where any such fee, charge or deduction is imposed directly on Customer by Customer's bank, card issuer, payment provider, intermediary institution or other third party, Eleveight shall have no obligation to reimburse, compensate or gross-up Customer for that amount.

For the avoidance of doubt, any amount deducted or borne by Customer under this Section represents an actual third-party cost associated with returning funds and does not constitute a cancellation fee, withdrawal penalty, liquidated damages or other charge imposed by Eleveight merely because Customer terminates a Service, closes an Account or exercises a statutory withdrawal right.

If mandatory applicable law expressly requires Eleveight to bear a particular refund-related cost or expressly prohibits deduction or recovery of that particular cost from Customer, this Section shall be ineffective solely to the extent of that specific mandatory requirement and shall otherwise remain fully applicable.

13.9 Processing Period

Subject to final reconciliation and required verification, Eleveight shall process an approved contractual refund within thirty (30) calendar days after receipt of a complete and valid refund request.

Where mandatory applicable consumer law requires a shorter refund period, including in connection with a statutory withdrawal right, the shorter mandatory period shall apply.

The time required for Customer's bank, card issuer or payment provider to credit the refunded amount after Eleveight has initiated or completed the refund is outside Eleveight's control.

13.10 Temporary Withholding

To the maximum extent permitted by applicable law, Eleveight may temporarily withhold or delay a contractual refund where reasonably necessary to investigate suspected fraud or unauthorized payment, resolve a chargeback, verify identity, beneficial ownership or entitlement to funds, comply with Applicable Trade Controls, comply with tax or other applicable law, or comply with a request or order of a competent authority.

Nothing in this Section 13.10 authorizes Eleveight to delay a statutory consumer refund beyond a mandatory deadline where applicable law does not permit such delay.

13.11 Mandatory Rights

Nothing in this Section limits refund, withdrawal or other payment-return rights that cannot lawfully be excluded or waived under mandatory applicable law.

13.12 Statutory Consumer Withdrawal Rights

Where Customer is a Consumer and mandatory applicable law grants a statutory right to withdraw from a distance contract, that right applies notwithstanding any contrary provision of these Terms.

Under the mandatory consumer law of the Republic of Armenia, a Consumer generally has the right, subject to statutory exceptions, to withdraw from a distance contract for Services without giving any reason within fourteen (14) days from the date the contract is concluded. If another mandatory law applicable to a particular Consumer provides a different non-waivable period or procedure, that mandatory rule applies to the extent required by law.

To exercise a statutory withdrawal right, Consumer must notify Eleveight of the decision to withdraw before expiration of the applicable statutory period by a clear statement submitted through the Platform or to the contact method designated by Eleveight. Where Eleveight provides an electronic withdrawal function and mandatory law requires confirmation, Eleveight shall provide confirmation of receipt on a Durable Medium.

Where Consumer requests or expressly agrees that provision of the Services begin during the statutory withdrawal period, Consumer shall remain responsible, to the extent permitted by mandatory law, for Service Fees attributable to Services actually provided before Eleveight receives the withdrawal notice.

Where required by mandatory law, Eleveight may condition immediate provisioning during the statutory withdrawal period on Consumer providing a separate or otherwise legally sufficient express request or consent to begin performance during that period and acknowledging that, once the Service has been fully performed, Consumer may lose the statutory withdrawal right.

If a Service has been fully performed with Consumer's prior legally sufficient consent and Consumer was informed and acknowledged that full performance results in loss of the withdrawal right, the statutory withdrawal right shall cease to the extent provided by mandatory applicable law.

Any refund due solely as a result of a valid statutory consumer withdrawal shall be processed using the payment method and within the period required by mandatory applicable law. Under the mandatory consumer law of the Republic of Armenia, such refund is generally due no later than fourteen (14) days after Eleveight is informed of the Consumer's valid decision to withdraw, subject to the statutory rules and exceptions applicable to the transaction.

The allocation of bank, payment-processing, card-network, intermediary, transfer, currency-conversion and other third-party costs associated with such refund shall be governed by Section 13.8, including in the case of a statutory consumer withdrawal, except solely to the extent mandatory applicable law expressly requires otherwise.

14.CUSTOMER RESPONSIBILITIES AND ACCEPTABLE USE

14.1 Customer Responsibilities

Customer is solely responsible for selecting and configuring the Services; Customer Data; workloads; software; applications; AI models; datasets; licenses; access controls; backups; security settings; compliance with applicable law; and all use of the Services through Customer's Account.

Customer shall maintain appropriate cybersecurity, access-control, backup and disaster-recovery measures suitable for Customer's use case.

14.2 Lawful Use

Customer shall use the Services only for lawful purposes and in accordance with these Terms and Applicable Trade Controls.

14.3 Prohibited Activities

Customer shall not use the Services to:

• violate applicable law or third-party rights;
• distribute malware, ransomware or other malicious code;
• conduct unauthorized network attacks, denial-of-service attacks, vulnerability scanning or intrusion activity;
• send unlawful or abusive spam or engage in fraud, phishing or impersonation;
• access systems, data or accounts without authorization;
• circumvent billing, metering, quotas, access controls, security controls or compliance controls;
• conceal prohibited usage or create multiple Accounts for the purpose of circumventing restrictions;
• interfere with Eleveight's monitoring, metering, security or compliance mechanisms; or
• engage in any other activity reasonably determined by Eleveight to create a material legal, security, infrastructure or abuse risk.

14.4 No Unauthorized Resale or Third-Party Access

Customer may use the Services to support Customer's own applications, products and business activities, but may not resell, sublicense, rent, suballocate or otherwise provide third parties with independent access to Eleveight infrastructure or the Account unless Eleveight expressly permits such use in writing.

This restriction is without prejudice to Customer's use of Authorized Users acting on Customer's behalf.

14.5 High-Risk Applications

Unless Eleveight expressly approves otherwise in writing, Customer shall not rely on the Services as the sole system for an application where Service failure could reasonably be expected to result directly in death, serious personal injury or catastrophic physical damage.

14.6 Customer Connectivity and Environment

Customer is responsible for the internet connection, telecommunications, local network, electricity, devices, operating systems, software, drivers, credentials and third-party services required to access and use the Services from Customer's environment.

Eleveight is not responsible for unavailability, degradation, incompatibility, delay or loss caused by Customer-controlled systems or by telecommunications, internet or other third-party services outside Eleveight's reasonable control.

15.MONITORING, LOGGING, RECORDKEEPING AND REGULATORY COOPERATION

15.1 Operational and Compliance Logging

Customer acknowledges and agrees that Eleveight may collect, generate, retain and analyze operational, billing, access, security and compliance records relating to the Services, including:

• Account and Authorized User activity;
• IP addresses used for Account access or administration, together with dates and times;
• Service provisioning and resource allocation;
• compute, storage and network usage;
• API activity;
• fine-tuning mechanisms and related infrastructure usage where required for compliance monitoring;
• payment and billing activity;
• security telemetry; and
• other technical or compliance telemetry reasonably required to operate the Services or satisfy applicable legal or authorization requirements.

15.2 Ongoing Due Diligence

Eleveight may conduct ongoing screening, risk assessment and due diligence concerning Customer, Authorized Users, beneficial owners, parent entities, access locations, end users and end use while Customer uses the Services.

15.3 Record Retention

Eleveight may retain KYC, access, usage, compliance and related records for such period as is reasonably necessary for the purposes for which they are processed or as otherwise permitted by applicable law.

Where required by Applicable Trade Controls, an applicable export authorization, a competent authority or other applicable law, Eleveight may retain the relevant records for at least five (5) years, or for such longer period as may be required.

Eleveight may also retain particular records for such additional period as is reasonably necessary for the establishment, exercise or defense of legal claims, fraud prevention, security investigations or dispute resolution, in each case subject to applicable data-protection law.

15.4 Disclosure to Authorities

Customer acknowledges that Eleveight may provide identity, ownership, payment, access, IP, usage, end-use, end-user and related compliance records to BIS or another competent governmental, judicial or regulatory authority where required by applicable law, an export authorization, an end-use check, audit, lawful request or order.

Where legally permitted and reasonably appropriate, Eleveight may also provide relevant information to its legal advisers, compliance providers, infrastructure providers, payment processors or other service providers for the purposes described in these Terms.

15.5 Customer Cooperation

Customer shall reasonably cooperate with Eleveight in connection with compliance reviews, export-control reviews, sanctions screening, fraud investigations, security incidents, payment disputes, abuse investigations, end-use checks, audits or requests from competent authorities relating to Customer's use of the Services.

Failure to reasonably cooperate may result in restriction, suspension or termination of the affected Services or Account.

15.6 No General Monitoring Obligation

Except where required by law or reasonably necessary for security, billing, abuse prevention or compliance, Eleveight is not obligated to continuously monitor the substance of Customer Data or Customer's activities.

16.SUSPENSION, RESTRICTION AND REGULATORY TERMINATION

16.1 Suspension Rights

Eleveight may immediately suspend, restrict, isolate, disable or limit all or part of the Account or Services where Eleveight reasonably determines or suspects that:

• Customer breached these Terms;
• Customer has insufficient funds or a failed or disputed payment;
• payment activity is fraudulent or unauthorized;
• Customer or an Authorized User presents a security risk or the Account appears compromised;
• Customer's use threatens Eleveight, another customer, a third party or the integrity of the infrastructure;
• Customer's activity may violate applicable law or third-party rights;
• a sanctions, export-control, end-use, end-user, Country of Concern or other compliance concern exists;
• Customer fails to provide required verification or compliance information;
• a governmental, judicial or regulatory authority requires or requests action;
• an infrastructure provider, licensor, payment provider or supplier requires action for a legally, technically or commercially justified reason; or
• immediate action is reasonably necessary to prevent material harm.

16.2 Investigation

Eleveight may maintain a temporary suspension while reasonably investigating the circumstances that led to the suspension.

16.3 Notice

Where reasonably practicable and legally permitted, Eleveight may notify Customer of a suspension or restriction.

Advance notice is not required where immediate action is reasonably necessary for security, fraud, legal, compliance, regulatory or infrastructure-protection reasons.

16.4 Continuing Charges

Suspension does not automatically terminate all resources. Service Fees for resources that remain allocated or otherwise billable may continue until those resources are terminated, except to the extent the suspension is solely attributable to Eleveight, continued charging would be inconsistent with the applicable Service Plan, or continued charging is prohibited by mandatory applicable law.

16.5 Restoration

Eleveight may condition restoration of the Services on Customer curing the relevant breach, providing requested information, securing compromised systems, paying valid amounts due, completing KYC or compliance verification, or otherwise addressing the reason for suspension to Eleveight's reasonable satisfaction.

16.6 Good-Faith Compliance Action

To the maximum extent permitted by applicable law, Eleveight shall not be liable for losses resulting from a suspension, restriction, blocking or termination imposed in good faith under this Section or Section 6.

17.MAINTENANCE, TECHNICAL CHANGES AND NO SERVICE-LEVEL COMMITMENT

17.1 Maintenance

Eleveight may perform scheduled and emergency maintenance and may temporarily interrupt, restrict or modify Services where reasonably necessary for maintenance, upgrades, security, stability, capacity management, compliance or infrastructure protection.

Emergency maintenance may be performed without advance notice.

17.2 No Minimum Uptime or Performance Commitment

Unless Eleveight expressly states otherwise for a specific Service Plan at the time of purchase, Eleveight does not provide or guarantee any minimum uptime, availability, performance level, response time or service level for self-service Services.

Interruptions, outages, maintenance, hardware failures, capacity limitations, network dependency or other temporary unavailability do not, by themselves, constitute a breach of these Terms, subject to mandatory applicable law.

17.3 No Service Credits

Unless a specific Service Plan expressly provides otherwise, Customer is not entitled to service credits, downtime compensation or other monetary relief solely because of an interruption, outage, performance degradation or failure to meet an expected service level.

Customer's right to terminate an on-demand Service and receive any otherwise valid Refundable Balance under Section 13 remains unaffected.

17.4 Modifications

Eleveight may modify software, hardware, architecture, APIs, features, networking, quotas, technical limits, resource types, hardware generations and Platform functionality.

Where reasonably practicable, Eleveight shall avoid materially reducing the core functionality of an active paid Service Plan during its stated period without a legitimate technical, security, legal or compliance reason.

17.5 Discontinuation

Eleveight may discontinue a Service, hardware type, region or configuration.

Where reasonably practicable, Eleveight shall provide advance notice of a material discontinuation affecting an active paid Service.

If Eleveight permanently discontinues a paid Service before Customer has consumed the corresponding Prepaid Funds, Customer may terminate the affected Service and request the corresponding Refundable Balance in accordance with Section 13.

If Customer does not request a refund, any remaining amount eligible for continued use may remain in Customer's Available Balance and may be applied toward other available Services, subject to these Terms and mandatory applicable law.

18.CUSTOMER DATA, BACKUPS, SECURITY AND PRIVACY

18.1 Customer Data Ownership

As between Eleveight and Customer, Customer retains its rights in Customer Data.

18.2 Limited Processing Right

Customer grants Eleveight and its subcontractors the limited right to host, copy, transmit, store, process and otherwise handle Customer Data only as reasonably necessary to provide, maintain and secure the Services; comply with Customer instructions; detect or investigate fraud, abuse or security incidents; comply with applicable law and Applicable Trade Controls; and exercise Eleveight's rights under these Terms.

18.3 Customer Rights and Lawful Basis

Customer represents and warrants that Customer has all rights, permissions and lawful bases necessary for Eleveight to process Customer Data in accordance with these Terms.

18.4 Backups

Customer is solely responsible for maintaining independent backups of Customer Data unless Eleveight expressly offers and Customer purchases a specific backup service.

Customer shall not treat the Services as Customer's sole backup.

18.5 Data Loss and Export

Customer acknowledges that infrastructure failures, Customer configuration errors, Account compromise and other events may result in data loss.

Customer is responsible for exporting Customer Data it wishes to retain before terminating or deleting the relevant Service.

Nothing in this Section limits any non-waivable right of a Consumer under mandatory applicable law to obtain or retrieve materials or data following a valid statutory withdrawal from a digital service.

18.6 Deletion

Following termination, resource deletion or Account closure, Eleveight may delete Customer Data in accordance with its technical retention practices and applicable law.

Unless expressly stated otherwise, Eleveight does not guarantee recovery of Customer Data after a resource has been deleted or terminated.

18.7 Privacy Policy

Eleveight may process personal data relating to registration, KYC, verification, beneficial ownership, access, billing, support, security, compliance and administration in accordance with its Privacy Policy and applicable law.

Customer is responsible for determining whether Customer's processing of personal data through the Services complies with applicable data-protection law.

18.8 Restricted or Regulated Data

Unless Eleveight expressly authorizes such use in writing for the applicable Service, Customer shall not submit, store or process through the Services health information, biometric information, payment-card information subject to specialized security standards, government-classified information, highly sensitive personal information, special categories of personal data, or other regulated data where such processing requires a specific certification, contractual safeguard, regulated environment or compliance commitment that Eleveight has not expressly agreed to provide.

Eleveight may designate particular Services as approved or unsuitable for specified categories of regulated data and may require additional contractual, technical, security or compliance conditions before permitting such processing.

Unless expressly stated in writing for the applicable Service, availability of a Service does not constitute a representation or warranty that the Service satisfies any particular industry-specific regulatory standard, certification, localization requirement or compliance framework.

19.INTELLECTUAL PROPERTY

19.1 Eleveight Technology

Eleveight and its licensors retain all rights, title and interest in the Platform, Services, software, APIs, documentation, designs, infrastructure, systems, technology, know-how and modifications and improvements thereof.

19.2 Limited Right of Use

Customer receives only the limited, non-exclusive, non-transferable right to access and use the Services in accordance with these Terms during the period for which the relevant Service is validly purchased and available.

No ownership interest in Eleveight technology or infrastructure is transferred to Customer.

19.3 Restrictions

Except where mandatory law expressly permits otherwise, Customer shall not reverse engineer, decompile, disassemble, circumvent technical restrictions, interfere with usage metering, remove proprietary notices, copy proprietary Eleveight software except as expressly permitted, or access or use Eleveight proprietary technology without authorization, including for the purpose of developing, training, supporting or operating a competing infrastructure, cloud computing or GPU computing service.

19.4 Feedback

If Customer voluntarily provides suggestions, recommendations or feedback concerning the Services, Eleveight may use such feedback without restriction or payment, provided that Eleveight does not thereby acquire ownership of Customer's underlying confidential information or Customer Data.

20.THIRD-PARTY SERVICES AND COMPONENTS

The Services may depend on or incorporate third-party hardware, software, open-source software, telecommunications, networks, data centers, payment processors, licensors and other suppliers.

Certain third-party products may be subject to separate licenses or terms, and Customer shall comply with third-party terms applicable to products Customer elects to use.

Eleveight is not responsible for third-party services outside Eleveight's reasonable control.

Eleveight may replace third-party suppliers, technologies or components where reasonably necessary for legal, technical, security, supply-chain, availability or commercial reasons.

21.WARRANTIES AND DISCLAIMERS

21.1 Customer Warranties

Customer represents and warrants that information provided to Eleveight is materially accurate; Customer will use the Services lawfully and in accordance with these Terms; Customer has all required rights in Customer Data; Customer's use will not violate third-party rights; and Customer has independently evaluated the Services as suitable for Customer's intended use.

21.2 "As Is" and "As Available"

21.3 Disclaimer of Implied Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEVEIGHT DISCLAIMS ALL IMPLIED, STATUTORY OR OTHER WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

21.4 No Guarantee

Eleveight does not warrant that the Services will be uninterrupted or error-free; that hardware failures will not occur; that any particular GPU or resource will always remain available; that Customer's workload will achieve a particular benchmark or performance result; that Customer Data will never be lost or altered; that the Services will be compatible with every Customer application; or that the Services will satisfy requirements not expressly stated for the applicable Service Plan.

21.5 Technical Risk

Customer acknowledges that cloud computing and GPU infrastructure inherently involve hardware failures, software errors, network dependency, maintenance, capacity constraints and other technical risks.

22.LIMITATION OF LIABILITY

22.1 Excluded Damages

22.2 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ELEVEIGHT, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS AND LICENSORS, COLLECTIVELY, ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM OR THE SERVICES SHALL NOT EXCEED THE SERVICE FEES ACTUALLY PAID BY CUSTOMER FOR THE SERVICE OR SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.

If the relevant event occurs before three (3) months of paid use of the relevant Service or Services have elapsed, the cap shall equal the Service Fees actually paid for such Service or Services before the event giving rise to the claim.

If a claim does not relate to any particular Service, the cap shall equal the total Service Fees actually paid by Customer to Eleveight during the three (3) months immediately preceding the event first giving rise to the claim or, if the Customer has used the Services for less than three (3) months, the total Service Fees actually paid by Customer before that event.

22.3 Aggregate Nature of Cap

The liability cap is aggregate and does not reset or increase because multiple claims, legal theories, incidents or Authorized Users are involved.

22.4 Refunds Not Damages

Payment of a Refundable Balance properly due under Section 13 is a contractual repayment obligation and does not by itself constitute damages for purposes of calculating the liability cap.

22.5 Non-Excludable Liability

Nothing in these Terms limits liability to the extent such liability cannot lawfully be limited or excluded.

22.6 Allocation of Risk

Customer acknowledges that the Service pricing reflects the allocation of risk in these Terms and that the limitations in this Section are an essential basis on which Eleveight provides the Services.

23.CUSTOMER INDEMNIFICATION

23.1 General Indemnification

To the maximum extent permitted by applicable law, Customer shall defend, indemnify and hold harmless Eleveight, its affiliates and their respective officers, directors, employees, contractors, licensors and suppliers from and against any third-party claims, damages, liabilities, penalties, costs, expenses and reasonable legal fees arising out of or relating to:

• Customer Data;
• Customer's use of the Services;
• Customer's applications, products, workloads or AI models;
• infringement or alleged infringement of third-party rights caused by Customer Data or Customer activity;
• Customer's violation of applicable law or Applicable Trade Controls;
• Customer's breach of these Terms;
• disputes between Customer and Customer's own users, customers or other third parties arising from Customer's use of the Services; or
• fraud, misuse or security incidents attributable to Customer, Authorized Users or Customer-controlled credentials.

23.2 Regulatory, Compliance and Provider Costs

In addition to the indemnification obligations set out in Section 23.1, and to the maximum extent permitted by applicable law, Customer shall reimburse and indemnify Eleveight for any direct losses, liabilities, fines, penalties, assessments, charges, fees, costs and expenses reasonably incurred by Eleveight arising out of or relating to:

• Customer's or any Authorized User's violation of Applicable Trade Controls, sanctions, export-control, end-use or end-user restrictions;
• Customer's provision of false, misleading, materially incomplete or inaccurate information in connection with KYC, beneficial ownership, access location, end use, end user, payment or other compliance verification;
• Customer's circumvention or attempted circumvention of Eleveight's technical, security, billing, geographic, sanctions, export-control or other compliance controls;
• Customer's prohibited, unlawful or unauthorized use of the Services; or
• any other breach by Customer or an Authorized User of Sections 4, 5, 6, 14, 15 or 16 that directly results in such loss, liability, cost or expense to Eleveight.

Recoverable amounts under this Section may include reasonable legal fees, investigation and audit costs, forensic and remediation costs, compliance-review expenses, governmental or regulatory fines and assessments, and charges or costs imposed on Eleveight by a data center, infrastructure provider, licensor, payment provider or other material supplier, in each case to the extent attributable to Customer's or an Authorized User's acts or omissions.

The obligations under this Section apply whether or not the relevant amount arises from a formal third-party claim and are without prejudice to Eleveight's other rights or remedies under these Terms or applicable law.

Eleveight shall not be entitled to recover the same amount more than once under Sections 23.1 and 23.2.

23.3 Defense and Settlement

Eleveight shall provide reasonably prompt notice to Customer of any third-party claim for which indemnification is sought under this Section 23; provided that any failure or delay in providing such notice shall not relieve Customer of its indemnification obligations except to the extent Customer is materially prejudiced by such failure or delay.

Customer shall not settle, compromise or otherwise resolve any claim in a manner that admits fault or wrongdoing by Eleveight, imposes any liability, payment obligation or non-monetary obligation on Eleveight, restricts Eleveight's business or operations, or otherwise adversely affects Eleveight, without Eleveight's prior written consent.

Eleveight may participate in the defense of any claim with counsel of its choice.

Eleveight may assume control of the defense where Eleveight reasonably determines that a material conflict of interest exists, the claim may materially affect Eleveight's business, reputation, regulatory status, infrastructure, intellectual property or other legitimate interests, or Customer fails to conduct the defense diligently and adequately.

Reasonable defense costs incurred by Eleveight in such circumstances shall remain subject to Customer's indemnification obligations to the extent legally applicable.

24.TERM AND TERMINATION

24.1 Term

These Terms begin when Customer first accepts them and continue until the Account is closed and all applicable Services and obligations have ended.

24.2 Customer Termination

Customer may terminate these Terms by closing the Account through the Platform or another method made available by Eleveight.

Before Account closure is completed, Customer may be required to terminate active resources, pay outstanding amounts, complete final usage reconciliation and complete verification necessary for a refund.

24.3 Termination by Eleveight for Cause

Eleveight may immediately terminate all or part of the Account or an affected Service where Customer materially or repeatedly breaches these Terms, fails to pay valid amounts due, engages in fraud or unlawful activity, creates a material security risk, provides materially false information, fails required verification, becomes subject to an applicable legal or trade-control restriction, uses the Services for a prohibited purpose, becomes insolvent or ceases business, or fails to cure a material breach within a cure period expressly provided by Eleveight.

No cure period is required where the matter cannot reasonably be cured, involves fraud or unlawful activity, creates an immediate security or compliance threat, involves Applicable Trade Controls, materially threatens the Platform or third parties, or requires immediate termination by law, authorization condition or competent authority.

24.4 Regulatory Termination

Eleveight may immediately terminate or restrict an Account or Service where required or requested by BIS or another competent authority, or where Eleveight reasonably determines that continued provision would violate or materially risk violating Applicable Trade Controls or the conditions of an authorization applicable to Eleveight.

24.5 Termination for Operational Convenience

Eleveight may discontinue or terminate a paid self-service Service or Account for legitimate operational, capacity, technical, security, supplier or commercial reasons upon reasonable notice where practicable.

If Eleveight terminates a paid Service under this Section for reasons not attributable to Customer breach or misconduct, Customer remains entitled to any applicable Refundable Balance.

24.6 Free and Trial Services

Eleveight may terminate free, trial, beta, promotional or preview Services at any time.

25.EFFECT OF TERMINATION

Upon termination of a Service or Account:

• Customer's right to use the terminated Service ends;
• Eleveight may stop, disable or remove relevant resources;
• all accrued Service Fees remain payable;
• Eleveight may complete final Usage Records and reconciliation;
• Customer's outstanding obligations may be deducted from Available Balance;
• Promotional Credits may expire;
• any Refundable Balance shall be handled under Section 13;
• Customer is responsible for exporting Customer Data before deletion; and
• Eleveight may delete Customer Data in accordance with Section 18.

Provisions that by their nature are intended to survive termination, including provisions concerning payment, refunds, compliance records, intellectual property, disclaimers, limitation of liability, indemnification, governing law and dispute resolution, shall survive.

26.CHANGES TO THESE TERMS AND NOTICES

26.1 Changes

Eleveight may amend these Terms from time to time.

Changes may take effect immediately where reasonably necessary to comply with law, Applicable Trade Controls, authorization conditions, security requirements, fraud-prevention requirements, competent authority instructions, new functionality or non-material administrative changes.

Where a change materially and adversely affects an active paid self-service Customer and immediate implementation is not required for legal, regulatory, security or similar reasons, Eleveight will provide reasonable advance notice through the Platform, Account, email or other electronic means.

Continued use of the Services after the effective date of an amendment constitutes acceptance of the amended Terms to the extent permitted by applicable law.

If Customer does not accept a material adverse change, Customer may stop using or terminate the affected Service, including any affected Subscription, and request any otherwise valid Refundable Balance, subject to mandatory applicable law.

26.2 Electronic Notices

Eleveight may provide notices through the Account, Platform, dashboard, Eleveight website, email address associated with the Account or other reasonable electronic means.

Customer is responsible for maintaining current contact information and regularly reviewing Account notices.

27.FORCE MAJEURE

Eleveight shall not be liable for delay, interruption or failure caused by circumstances beyond its reasonable control, including natural disaster, fire, flood, earthquake, war, terrorism, civil disturbance, governmental action, embargo, sanctions, labor dispute, power failure, telecommunications or internet failure, data-center failure, hardware shortage, supply-chain disruption, cyberattack, distributed denial-of-service attack or failure of a material third-party supplier.

Eleveight shall use commercially reasonable efforts to mitigate the effects of such event but is not required to procure substitute infrastructure or services at materially higher cost.

If a force majeure event permanently prevents provision of a paid Service and Customer has unused Prepaid Funds attributable to that Service, the corresponding Refundable Balance shall be handled under Section 13.

28.ASSIGNMENT, RELATIONSHIP AND NO THIRD-PARTY RIGHTS

Customer may not assign, transfer or delegate these Terms, the Account or Customer's rights to the Services without Eleveight's prior written consent.

Eleveight may assign, transfer, novate or delegate these Terms or its rights and obligations to an affiliate, successor, purchaser of relevant business or assets, or another entity capable of performing the Services, subject to applicable law.

Eleveight and Customer are independent contractors. These Terms do not create a partnership, joint venture, employment, fiduciary or agency relationship.

Except as expressly stated, these Terms do not create rights in any third party.

29.GOVERNING LAW AND DISPUTE RESOLUTION

29.1 Complaints and Informal Resolution

Customer may submit a complaint concerning the Services, billing, Account activity, termination, refund or other matter through the Platform or by using the General Contact or Legal / Compliance contact stated in Section 31.

A complaint should identify the Account, describe the issue in reasonable detail and include supporting information reasonably available to Customer. Eleveight will use commercially reasonable efforts to review and respond within thirty (30) calendar days, or within any shorter period required by mandatory applicable law.

Customer is encouraged to give Eleveight a reasonable opportunity to resolve a complaint before commencing court proceedings. This informal process does not waive or restrict any right that cannot lawfully be waived or restricted, and does not prevent either party from seeking urgent relief where appropriate.

Unless Eleveight expressly agrees otherwise in writing, participation in informal complaint handling does not constitute agreement to arbitration, mediation or any other binding alternative dispute-resolution procedure.

29.2 Governing Law

These Terms, each Service Plan, the Services, and any dispute, claim or non-contractual obligation arising out of or relating to them shall be governed exclusively by and construed in accordance with the substantive laws of the Republic of Armenia, without regard to its conflict-of-laws principles.

This governing-law provision applies to all Customers, regardless of Customer's residence, domicile, nationality, place of incorporation or business, and regardless of whether Customer acts as a Consumer or in the course of business or professional activity, to the maximum extent permitted by mandatory applicable law.

29.3 Exclusive Jurisdiction

Any dispute, claim, action or proceeding arising out of or relating to these Terms, any Service Plan, the Services or the relationship between Customer and Eleveight shall be subject to the exclusive jurisdiction of the competent courts of Yerevan, Republic of Armenia.

Each Customer, including any Customer acting as a Consumer, irrevocably submits to such jurisdiction and, to the maximum extent permitted by mandatory applicable law, waives any objection to the jurisdiction or venue of such courts, including any objection based on inconvenient forum or similar grounds.

29.4 Mandatory Law

Sections 29.2 and 29.3 are intended to apply to all Customers. If, and only to the extent that, mandatory law applicable to a particular Customer prohibits the valid choice of the laws of the Republic of Armenia or the exclusive jurisdiction of the competent courts of Yerevan, such mandatory law shall apply solely to the minimum extent required by law, and the remaining provisions of Sections 29.2 and 29.3 shall remain in full force and effect.

Nothing in this Section shall be construed as voluntarily granting Customer any right, remedy, choice of law or forum beyond those that cannot lawfully be excluded or waived.

29.5 Urgent Relief

Notwithstanding Section 29.3, Eleveight may seek interim, injunctive, conservatory, protective or other urgent relief in any court of competent jurisdiction where Eleveight reasonably considers such relief necessary to protect the Platform, Services, infrastructure, security, intellectual property, confidential information, compliance with Applicable Trade Controls, or other legitimate interests.

Such action shall not constitute a waiver of the exclusive jurisdiction provided in Section 29.3 for the merits of the dispute.

30.MISCELLANEOUS

30.1 Entire Agreement

These Terms, the applicable Service Plan information displayed at the time of purchase and the Privacy Policy, subject to the order of precedence set out in Section 2.8, constitute the entire agreement between Eleveight and Customer with respect to Customer's self-service use of the Services and supersede all prior or contemporaneous proposals, representations, communications, understandings and agreements, whether oral or written, relating to the same subject matter, except for any separate written agreement expressly executed by Eleveight and Customer that states that it governs the relevant Services.

30.2 Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in effect, and the invalid provision shall be enforced to the maximum extent legally permitted or replaced by a valid provision that most closely reflects its intended commercial effect.

30.3 No Waiver

Failure or delay by Eleveight to exercise a right does not waive that right.

30.4 Headings

Headings are for convenience only and do not affect interpretation.

30.5 Language

The controlling version of these Terms is the English-language version, unless mandatory applicable law requires otherwise. Any translation is provided for convenience only unless Eleveight expressly states that the translated version is controlling.

Where mandatory applicable law requires contractual or pre-contractual information to be provided in a particular language, Eleveight may provide the required information or translation in that language, and any mandatory rule concerning the legal effect of that version shall apply solely to the extent required by law.

30.6 Mandatory Law

If a limitation or exclusion in these Terms cannot lawfully apply to a particular Customer or circumstance, it shall apply to the maximum extent permitted and shall remain effective for other Customers and circumstances where lawful.

31.CONTACT INFORMATION

"ELEVEIGHT AI" Closed Joint Stock Company

Registration No.: 264.120.1447619

Tax Identification No.: 08296664

Registered Office: 1/31 Azatutyan Avenue, Arabkir, 0037 Yerevan, Republic of Armenia

Website: https://eleveight.ai

General Contact: [email protected]

Legal / Compliance Notices: [email protected], unless another contact is designated on the Platform

Security Notices: [email protected]

Technical Support: through the Account or the support channel made available on the Platform