Terms of Service

Effective Date: x x, xxxx
Last Updated: x x, xxxx

TERMS OF SERVICE AGREEMENT

USING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICES.

This Terms of Service Agreement (“Agreement”) is made between SCALIBIT.COM, including its subsidiaries, affiliated companies, and controlled entities (hereinafter collectively referred to as “SCALIBIT”), and any individual or legal entity that creates an account, places an order, or uses the Services (hereinafter referred to as “Customer”, “You”, or “Your”). SCALIBIT and Customer may be referred to individually as a “Party” and collectively as the “Parties”.

By accessing, ordering, purchasing, or using the Services, You acknowledge and represent that You are at least eighteen (18) years of age and that You have the full legal capacity and authority to enter into this binding Agreement with SCALIBIT.

SCALIBIT provides independently operated infrastructure services consisting of Dedicated Servers or Bare Metal Servers, Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, and GPU Servers. The Services are offered on an unmanaged and leased infrastructure basis using professional data center facilities.

SCALIBIT does not provide application management, managed hosting, content moderation, or ongoing system administration for services rented, used, or administered by the Customer. SCALIBIT is not the operator of Customer applications, platforms, or hosted services and does not act as a publisher, editor, or controller of Customer data processed within such services.

SCALIBIT acts solely as an infrastructure provider and does not create, upload, manage, or monitor Customer content, nor does it exercise routine or content-level control over Customer systems, applications, or data. All software, configurations, services, workloads, and content deployed within services rented, used, or administered by the Customer are installed, operated, and administered exclusively by the Customer. Accordingly, the Customer bears sole legal, technical, and operational responsibility for the use of such services and for all activities conducted through any IP addresses assigned in connection with those services. This includes, without limitation, responsibility for all data processing, software deployment, user activity, and full compliance with applicable local, state, federal, and international laws and regulations, SCALIBIT’s Acceptable Use Policy (AUP), and any requirements imposed by upstream infrastructure providers.

SCALIBIT’s actions are limited to providing infrastructure resources and enforcing contractual or security-related measures where reasonably necessary. Such actions do not constitute operation, administration, or editorial control of Customer environments or cont

This Agreement governs your access to and use of all SCALIBIT Services listed on our websites, including https://scalibit.com, its affiliated domains, and any current or future websites, subdomains, or service portals operated by SCALIBIT. If you are acting on behalf of an organization, company, or other legal entity, you represent and warrant that you have full legal authority to bind that entity to this Agreement. If you do not have such authority, or if you do not agree to these Terms, you must not register for, order, or use the Services.

By submitting an order, creating an account, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement and all incorporated policies, including the Acceptable Use Policy (AUP), Privacy Notice, and other applicable legal documents referenced herein. Continued use of the Services constitutes renewed acceptance of any future modifications. Ignorance of these Terms or any failure to review updates does not exempt you from compliance.

This Agreement sets forth the terms and conditions governing your use of our systems, software, platforms, APIs, and the purchase and/or use of products and services acquired through SCALIBIT directly or through our partners and affiliates (collectively, "Services"). Nothing in this Agreement grants you, or is intended to grant you, any property ownership interest in any infrastructure, hardware, software, IP addresses, or related systems. All access rights are non-exclusive, non-transferable licenses to operate Services controlled by SCALIBIT or its providers. SCALIBIT reserves the right to modify or renumber IP addresses assigned to You at its sole discretion for technical or administrative reasons.

When you use our site, your account (or permit someone else to use it) to purchase, manage, modify, or cancel Services, you signify your agreement to these terms. You are strictly and solely responsible for the actions and activities of all users operating under your account — including employees, contractors, sub-customers, end users, and third parties — regardless of whether such actions were authorized by you or whether you were aware of such activities. For the avoidance of doubt, this responsibility includes the protection and proper use of all technical access credentials associated with your account and services, including but not limited to: Client Portal login credentials (username, password, and MFA tokens), server, cloud or virtual machine access credentials (such as SSH usernames, SSH keys, passwords, SSH ports, RDP usernames and passwords), and API credentials (API keys and access tokens). A compromise, loss, theft, or misuse of any such credentials does not relieve you of liability under this Agreement.

You may use SCALIBIT’s websites or Services — including but not limited to Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated or Bare Metal), GPU Servers (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments), and all ancillary and related services including IP Address Services — solely for lawful purposes and in full compliance with all applicable laws. This includes the laws, regulations, and treaties of: (1) The United States, (2) The country/region where the Customer is located, (3) The jurisdictions where SCALIBIT’s infrastructure is deployed and where the upstream data center providers, network infrastructure providers, or network equipment used to deliver the Services are physically located.

Any unlawful use of the Services — including the hosting or distribution of illegal content; transmission of malicious or harmful traffic; engagement in fraudulent, abusive, or criminal activity; or any other violation of applicable law — is strictly prohibited. Customer responsibility applies whether or not the customer created the content, initiated the traffic, or had knowledge of the activity.

SCALIBIT may take enforcement action based on a reasonable determination or good-faith belief that the Services are being used in violation of this Agreement, applicable law, or network security requirements. SCALIBIT is not required to establish intent, fault, or attribution prior to taking such action.

Upon a reasonable determination or good-faith belief of abuse, unlawful activity, security risk, or violation of this Agreement, SCALIBIT may suspend, restrict, or terminate access to the Services immediately and without prior notice where necessary to protect the integrity, availability, or security of the Services, the network infrastructure, or third parties.

Where reasonably practicable, SCALIBIT may provide notice after the action is taken. SCALIBIT is not obligated to disclose investigative methods, security procedures, or sensitive abuse report details where such disclosure could compromise security, third parties, or ongoing investigations.

Service suspension or termination under this Section does not entitle the Customer to a refund for the unused portion of the billing period where the action results from a violation of this Agreement or applicable law.

To the maximum extent permitted by law, SCALIBIT shall not be liable for service interruption, data loss, loss of business, reputational harm, or other indirect or consequential damages arising from enforcement actions taken in accordance with this Agreement. Nothing in this Section limits rights or remedies available to SCALIBIT in the event of payment disputes, chargebacks, or fraudulent transactions.

SCALIBIT may cooperate with law enforcement authorities, regulators, courts, or upstream providers where required or permitted by applicable law. Such cooperation may include disclosure of subscriber account information and service provisioning records in SCALIBIT’s possession.

Unless prohibited by law or legal process, SCALIBIT may, but is not obligated to, notify the Customer of such requests.

SCALIBIT does not generate or retain traffic content, connection activity, or usage data originating from within services rented, used, or administered by the Customer in the normal operation of the Services and therefore may be technically unable to provide such information.

The Services may be used only for lawful purposes and in accordance with this Agreement and the Acceptable Use Policy. You may not use the Services, directly or indirectly, to engage in unlawful activity, interfere with network integrity, or cause harm to third parties.

In the event of a violation or reasonable belief of a violation, SCALIBIT may apply proportionate enforcement measures, including traffic filtering, null-routing, access restriction, suspension, or termination of the affected Services.

Enforcement actions may be applied without prior notice where necessary to protect the stability, security, or reputation of the Services or third parties.

The following general policies apply to all our Services:

• Terms of Service (TOS)
• Acceptable Use Policy (AUP)
• AI & GPU Server Usage Policy
• Refund Policy
• Anti-Fraud Disclaimer
• Anti-Spam Policy
• Copyright Policy (DMCA)
• Digital Services Act (DSA) Compliance
• Report Abuse Policy
• Privacy Notice
• California Privacy Notice (CCPA)
• US States Privacy Notice
• GDPR Privacy Notice (EEA)
• Data Processing Agreement (DPA)
• Cookies Policy

All of the foregoing policies are hereby incorporated by reference into this Agreement and form an integral and binding part of the Terms of Service.

Applicability. The Acceptable Use Policy applies to all SCALIBIT Services — including but not limited to Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), GPU Servers (GPU Cloud Instances, Dedicated GPU Servers, AI/HPC Clusters), as well as ancillary and related services such as IP Address Services. This Policy applies to all users under the Customer’s account — including employees, contractors, resellers, and end users.

Scope and Applicability.

Unless expressly stated otherwise, this Agreement (including the AUP, Privacy Notice, Data Processing Agreement, Refund Policy, and all documents incorporated by reference) applies to all Services provided by SCALIBIT. These include, but are not limited to:

• Virtual Machines: VPS, VDS
• Cloud Services: Cloud Servers, Dedicated Cloud Servers
• Cloud Compute: Standard Performance, High Performance, High Frequency
• Optimized Cloud Compute: General Purpose, CPU Optimized, Memory Optimized, Storage Optimized
• Dedicated Servers: Enterprise-grade physical Dedicated Servers or Bare Metal configurations
• GPU Servers: GPU Cloud Instances, Dedicated GPU Servers, AI/HPC Clusters, and other AI-driven workloads
• IP Address Services: Assignment, routing, management, direct leasing of IPv4/IPv6 ranges
• Ancillary Add-ons and Beta Services: Additional, optional, or preview offerings linked to active Services

The use of SCALIBIT Services for artificial intelligence (AI), machine learning (ML), GPU hosting, automated decision-making systems, or other specialized compute workloads is additionally governed by the AI & GPU Server Usage Policy.

Where a section is expressly service-specific, it supplements (and does not replace) these general terms for that service only. In the event of a conflict between the general terms and a service-specific term, the service-specific term controls for that service only. References to features that may not exist for a given service (e.g., a control panel on certain Dedicated configurations) are understood to be “where applicable” and do not create an obligation to provide such features for all services.

DEFINITIONS — SERVICES

“Services” means any product or service provided by SCALIBIT, including Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers, GPU Servers, and IP Address Services, as well as related add-ons and ancillary offerings.

“Virtual Machines” means virtualized compute offerings and services provided on shared or dedicated physical hardware, including VPS and VDS.

“Cloud Services” means general-purpose cloud-based offerings and services, including Cloud Servers and Dedicated Cloud Servers.

“Cloud Compute Services” means performance-optimized compute offerings and services, including Cloud Compute (Standard Performance, High Performance, High Frequency).

“Optimized Cloud Compute Services” means specialized compute offerings and services optimized for specific workloads, including General Purpose, CPU Optimized, Memory Optimized, and Storage Optimized.

“Dedicated Servers” means physically dedicated, non-virtualized infrastructure offerings and services, including Dedicated Servers or Bare Metal configurations available in multiple global locations.

“GPU Servers” means any SCALIBIT product or service specifically designed for GPU-accelerated, AI-driven, or high-compute workloads, including: GPU Cloud Instances (virtualized or passthrough GPU VPS/VDS), Dedicated GPU Servers (dedicate/bare metal NVIDIA or AMD GPU servers), Multi-GPU AI Training Clusters (NVLink, A100, H100, MI300 or similar architectures), High-Compute HPC Nodes (advanced parallel processing environments), and AI-Oriented Bare Metal Deployments (LLM training, inference, and model serving).

“IP Address Services” means the assignment, routing, and management of IPv4 and IPv6 addresses provided in connection with SCALIBIT Services (including Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers, and GPU Servers), as well as the direct leasing of dedicated IP address blocks where applicable. Customer acknowledges that SCALIBIT’s ability to provide these services is subject to the availability and policies of regional Internet registries (e.g., ARIN, RIPE) and upstream providers.

“AI Services” means any SCALIBIT offering that involves the use, deployment, or hosting of artificial intelligence (AI), machine learning (ML), deep learning, LLM training or inference, GPU-accelerated compute, automated decision-making systems, model orchestration, or any other computationally intensive or specialized workload — whether virtualized, dedicated/bare metal, or hybrid — including, without limitation: GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training & Inference Environments, High-Compute HPC Nodes, AI Compute Clusters, Model Deployment Hosting, and other AI-oriented Bare Metal Deployments. Such services are subject to evolving compliance controls, including export control laws, AML/KYC verification, Responsible AI Use requirements, and applicable regional AI governance frameworks (e.g. EU AI Act, U.S. AI Executive Orders, UK AI Safety Regulations) as updated from time to time.

AI Services are subject to additional controls, including (but not limited to) the AI & GPU Server Usage Policy, U.S. Export and Sanctions Regulations, AML/KYC verification, Responsible AI Use requirements, and any applicable regional AI regulations (including EU AI Act, UK AI Safety standards, and U.S. Executive Orders).

“Upstream Provider”: Refers to any third-party entity, including but not limited to data center operators, facility owners, network carriers, Internet service providers (ISPs), and hardware vendors, from whom SCALIBIT leases, procures, or otherwise utilizes physical space, power, cooling, network connectivity, transit capacity, hardware resources, and IP address allocations (including IPv4 and IPv6 ranges) for the provision of its Services. The term “Upstream Provider” shall be used interchangeably with, and shall be deemed to include, references to “Upstream Data Center,” “Upstream Data Center Provider(s),” “Upstream Infrastructure,” “Data Center Provider,” and “Network Infrastructure Provider” throughout this Agreement and all incorporated policies.

“Infrastructure Provider” means that SCALIBIT operates as a technical infrastructure provider offering servers, virtualization, networking, GPU-accelerated systems, and related platform resources. SCALIBIT does not manage, monitor, inspect, or access Customer data, AI models, training datasets, or inference tasks unless explicitly requested by the Customer for support purposes or as required by law. Customer retains sole administrative control over their own environments and is strictly responsible for all content, configurations, and computational activities. Except where technically necessary for automated provisioning or specific support interactions initiated by the Customer, SCALIBIT does not store or have access to Customer passwords, SSH keys, or login credentials. SCALIBIT cannot remotely access Customer systems without such credentials being provided or permitted by the Customer. Optional security features, such as Two-Factor Authentication (2FA), are provided as self-managed tools, and their activation and management are under the Customer’s exclusive control. SCALIBIT is not responsible for data loss or service lockout resulting from lost credentials or misconfigured security settings.

SCALIBIT provides technical infrastructure services across multiple layers, including virtualized cloud platforms, GPU-enabled compute environments, and physically dedicated servers or bare metal servers, utilizing infrastructure and facilities provided by upstream data center providers and network infrastructure providers. While SCALIBIT manages the compute, hardware, and platform infrastructure layers, it does not operate, control, or own the underlying physical network layer or IP address space of such upstream providers. Accordingly, certain network-level actions — including null-routing, IP address reassignment, route changes, or rDNS updates — are subject to the policies, response times, and technical limitations of the relevant upstream providers. SCALIBIT expressly disclaims any liability for delays, restrictions, or denials of service caused by upstream data center providers or network infrastructure providers.

“Law Enforcement and Legal Requests for Customer Data (Information Requests Policy)” refers to SCALIBIT’s official policy outlining the procedures, verification requirements, and applicable jurisdictional scope under which SCALIBIT may disclose limited technical or account-level information in response to valid and lawful requests from competent authorities. SCALIBIT cooperates with law enforcement only in strict compliance with applicable local, state, federal, and international laws — including, but not limited to, the Electronic Communications Privacy Act (ECPA), Mutual Legal Assistance Treaties (MLAT), GDPR, and CCPA. All requests must be lawful, verifiable, and properly served, as described in the Law Enforcement and Legal Requests for Customer Data (Information Requests Policy) available at https://scalibit.com/legal/information-requests.

“AI & GPU Server Usage Policy” means the policy governing the lawful, compliant, and ethical use of AI, GPU acceleration, machine learning, deep learning, crypto-related compute workloads, automated decisioning, or any specialized compute activities hosted on SCALIBIT infrastructure. This policy forms an integral part of this Agreement and applies to all Services where such workloads are deployed, including Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers, and GPU Servers. The policy is available at: https://scalibit.com/legal/ai-gpu-server-policy.

For the avoidance of doubt, the inclusion of a Service type within the scope of this Policy does not imply that AI, GPU, or specialized compute workloads are permitted on all Services. Such workloads are allowed only on Service types and configurations expressly designated by SCALIBIT as supporting AI or GPU compute, and remain strictly prohibited on any Service where such use is not explicitly authorized in the applicable Service description, Acceptable Use Policy, or product documentation.

1. ELIGIBILITY & AUTHORITY

Before using SCALIBIT’s Websites or Services (as defined in Section Scope and Applicability), you must ensure that your use complies with all applicable local, state, and federal laws of the United States, as well as all foreign, national, and international laws, rules, and regulations in the jurisdictions where you access or use the Services, including, without limitation the laws and regulations of the countries in which the upstream data center providers and network infrastructure providers that host the servers leased, used, or managed by the Customer and announce the IP address ranges assigned to such servers are physically located, as well as applicable U.S. Export Administration Regulations (EAR), Office of Foreign Assets Control (OFAC) sanctions, data protection and privacy laws, AI regulatory frameworks, and any restrictions on specialized compute, machine learning, or GPU-accelerated workloads.

Your right to access or use the Websites and Services is revoked to the extent that such use is prohibited by, or conflicts with, any applicable law, rule, or regulation. SCALIBIT does not provide Services to individuals or entities located in sanctioned or embargoed countries or to those listed on any U.S. government denied-party list. You are solely responsible for making these determinations before accessing, ordering, purchasing, or using the Websites or Services, and SCALIBIT does not provide legal advice or compliance assessments.

The Websites and Services are not targeted toward, nor intended for use by, anyone under the age of eighteen (18). By using the Websites or Services, you represent and warrant that (a) you are at least 18 years of age; or (b) you otherwise possess sufficient legal consent, permission, and capacity to use the Websites and Services under the laws of your applicable jurisdiction(s).

To access certain features or purchase specific Services (including but not limited to Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers, GPU Servers, and IP Address Services), you must register for an account (“Account”). During registration, you are required to provide accurate, current, and complete information, including your legal name, legal company name (if applicable), physical address, a valid telephone number, a valid and reachable email address, and a valid payment method.

SCALIBIT does not collect, receive, access, store, process, or retain any credit card data or payment instrument details, including card numbers, expiration dates, or security codes. All payments are processed directly by independent third-party payment service providers (such as Stripe or PayPal), and payment credentials are entered exclusively within those providers’ secure systems. SCALIBIT receives only limited and non-sensitive transaction confirmation or billing reference data necessary to provide the Services. The collection, use, and disclosure of personal and billing-related information are governed by SCALIBIT’s Privacy Notice and, where applicable, its Data Processing Agreement (DPA).

SCALIBIT relies on the accuracy of the information provided by the Customer for account verification, billing, and abuse mitigation. SCALIBIT reserves the right, but is not obligated, to request official identification documents (KYC) or other verification materials at any time to prevent fraud, ensure legal compliance, or respond to lawful identification requests. Failure to provide requested documentation within the specified timeframe may result in immediate account suspension or termination without refund.

SCALIBIT reserves the right, in its sole discretion, to refuse to provide or continue providing the Websites or Services to any individual or entity, and to modify its eligibility criteria at any time. We may deactivate, terminate, restrict, or delete any Account or access to the Websites and Services at any time, with or without prior notice, for any reason or no reason, at our sole discretion, to the maximum extent permitted by applicable law.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have full legal authority to bind that entity to this Agreement (and all related policies incorporated by reference). In such case, the terms “you” and “your” shall also refer to that entity. If SCALIBIT later determines that you lacked such authority, you will be personally and strictly responsible for all obligations under this Agreement and any related agreements entered into through your Account, including all payment and indemnification obligations.

SCALIBIT shall not be liable for any loss or damage resulting from its reliance on any instruction, notice, or communication reasonably believed to originate from an authorized representative of your entity. If there is reasonable doubt regarding the authenticity of any such communication, SCALIBIT may, but is not obligated to, require additional authentication before taking action. You are solely responsible for all activity that occurs under your Account, whether or not authorized by you, including actions taken by employees, contractors, or unauthorized third parties who gain access to your credentials, including Client Portal login credentials, server, cloud, or virtual machine access credentials, and API credentials.

2. TERM OF AGREEMENT; MODIFICATION

You agree that SCALIBIT may, at its sole and absolute discretion, modify, update, or supplement this Agreement or any aspect of the Services (including pricing, features, and specifications) from time to time. Such modifications become effective immediately upon posting to SCALIBIT’s official Websites or within the Customer Portal. It is Your sole responsibility to periodically review the Websites for the most current version of this Agreement. Your continued use of the Websites or Services after such modifications constitutes Your express and binding acceptance of the revised Agreement. If You do not agree to any modification, Your sole and exclusive remedy is to terminate Your use of the Services in accordance with the termination provisions herein.

This Agreement incorporates by reference all additional policies made available in the SCALIBIT Legal Center, including but not limited to the Acceptable Use Policy (AUP), Privacy Notice, Data Processing Agreement (DPA), AI & GPU Server Usage Policy, and any other policy or guideline published at https://scalibit.com/legal. By using the Services, you agree to comply with all such policies as they may be updated from time to time.

If you have purchased any Services from SCALIBIT (including but not limited to Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers or Bare Metal, GPU Servers, and IP Address Services), this Agreement — as amended from time to time — will remain in full force and effect for as long as you maintain or use such Services or have an active Account. SCALIBIT may source its physical or virtual infrastructure from multiple third-party upstream data centers worldwide. In such cases, the underlying hardware, network, or IP connectivity may be owned, operated, or maintained by the respective upstream data center or network providers, and SCALIBIT’s role is strictly limited to the provisioning and allocation of the Services and to providing technical support or troubleshooting assistance only upon the Customer’s request, as described in the Infrastructure Provider section of this Agreement. SCALIBIT does not manage, operate, administer, or control Customer systems, servers, or workloads. SCALIBIT reserves the right to migrate Your Services to different hardware, upstream data centers, or network providers as necessary for maintenance, upgrades, capacity management, regulatory compliance, or other operational requirements.

3. ORDERS

3.1 Order Acceptance

Submission of an order does not constitute acceptance by SCALIBIT. A binding contract is formed only when the Service has been provisioned and confirmed to you. SCALIBIT may decline or cancel any order prior to provisioning.

SCALIBIT provides unmanaged infrastructure only. SCALIBIT does not monitor, inspect, analyze, or evaluate Customer workloads, software, data, or computational activities. Any verification or information request described in this Agreement is performed solely for fraud prevention, legal compliance, or service provisioning purposes and does not constitute content moderation, technical review, or approval of Customer activity.

For security, anti-fraud, or regulatory compliance purposes, SCALIBIT reserves the right to request identity verification before accepting any new order. Verification will be required when an order is flagged by our fraud detection systems, or when there is an inconsistency between the account holder and the payment or billing information (for example, when the person who placed the order differs from the person or entity making the payment).

Such verification may include, but is not limited to, a government-issued photo ID, passport, company registration documents, proof of address, bank or payment receipts, and a selfie holding the ID. Verification requests will only be made through secure SCALIBIT communication channels (such as the Client Portal or official support ticket). Failure to provide reasonably requested verification may result in order cancellation. All documents provided will be processed and retained in accordance with our Privacy Notice.

Certain high-compute or GPU-related deployments may be subject to additional eligibility requirements as described in the AI & GPU Server Usage Policy. Any requested information relates solely to eligibility determination and does not constitute approval, certification, or supervision of the intended use.

Use of the Services for cryptocurrency mining or similar resource-exhaustive blockchain computation is prohibited. SCALIBIT does not actively monitor workloads but may take action if such activity is detected, reported, or reasonably indicated through operational impact, abuse complaints, or upstream provider notification.

Provisioning is subject to infrastructure and upstream provider availability. If a requested configuration or location cannot be provided, SCALIBIT may offer an equivalent alternative or cancel the order.

SCALIBIT may decline or limit orders where providing the Service would reasonably require SCALIBIT to establish local tax registration, permanent establishment, licensing, payment processing, or other regulatory compliance obligations in a jurisdiction determined based on the Customer’s billing address, payment details, or place of use. Such restriction is based solely on legal, tax, compliance, or related operational requirements and not on the nationality or identity of the Customer.

3.2 If We Cannot Accept or Fulfil Your Order

If we do not or cannot accept or fulfil your order, we will inform you promptly. Where payment has already been received, SCALIBIT will issue a refund in accordance with this Section and our Refund Policy. Refunds shall not exceed the amount actually received by SCALIBIT and may be subject to deduction of non-refundable transaction fees, processing costs, currency conversion expenses, banking charges, chargeback-related costs, or other third-party fees incurred in connection with the original payment or refund process.

Examples of when we may not be able to fulfil your order include, but are not limited to:

• where the ordered server, configuration, or hardware specifications are temporarily out of stock or unavailable;

• where the specific data center location or upstream infrastructure provider requested is not available at the time of order;

• where a replacement configuration or server model has been offered but not accepted by you;

• where we are unable to verify your payment, identity, or compliance with our Anti-Fraud Policy;

• where your intended use of the Services involves AI, GPU, or other specialized compute workloads that we determine cannot be supported or provisioned;

Refunds will be issued to the original payment method where technically feasible. SCALIBIT shall not be responsible for any fees retained by payment processors, financial institutions, or intermediary providers outside of SCALIBIT’s control.

4. ACCOUNTS; ACCURATE INFORMATION; TRANSFER OF DATA ABROAD

4.1 Account Information

• 4.1.1 You agree to provide current, complete, and accurate information about yourself as required during the account creation process, and to maintain or update this information as necessary to keep it accurate and up to date. All such information shall be referred to as your account information (“Account Information”).

• 4.1.2 Upon registration, you will receive an email containing a verification link or code to confirm ownership of your email address. You must complete this verification process before your account becomes active. Orders placed under unverified accounts will not be accepted or processed. SCALIBIT is not responsible for any delays or order cancellations resulting from Your failure to complete the verification process.

• 4.1.3 You are responsible for ensuring that your email address remains valid and accessible at all times, as it serves as the primary method of communication for service notifications, billing alerts, and security verification. If you change your email address, you must notify SCALIBIT through the official Customer Support system and provide a new address, which will also require verification. Failure to maintain an active and monitored email address may result in missed critical alerts and potential service termination.

• 4.1.4 You hereby grant SCALIBIT the right to disclose Account Information to third parties, strictly in accordance with our Privacy Notice and Data Processing Agreement (DPA), and solely for purposes of fraud prevention, regulatory compliance, legal obligations, and ensuring the security and integrity of SCALIBIT systems.

• 4.1.5 Providing false, incomplete, or misleading Account Information constitutes a violation of SCALIBIT’s Terms. SCALIBIT may deny account creation or cancel pending orders if any discrepancies or unverifiable details are detected. Any payments received for such denied accounts will be refunded through the same payment method originally used (minus any applicable transaction fees if the cancellation resulted from fraudulent information).

• 4.1.6 SCALIBIT may suspend or disable any existing account, and where permitted by applicable law, without refund if the Customer willfully fails to promptly update Account Information upon change, or fails to respond for more than five (5) business days to inquiries by SCALIBIT regarding the accuracy or validity of Account Information.

• 4.1.7 SCALIBIT may request additional account information, documentation, or verification materials in connection with any Services for identity verification, fraud prevention, sanctions compliance screening, risk assessment, or service eligibility determination. Any such request does not constitute technical review, monitoring, approval, certification, or supervision of Customer activities, workloads, software, or data. The Customer remains solely responsible for ensuring that all use of the Services complies with applicable laws and regulations.

• 4.1.8 For security, anti-fraud, contractual eligibility, or regulatory compliance purposes, SCALIBIT may request identity verification (KYC) at any time on a risk-based basis. Verification may include a government-issued photo ID, proof of address, payment verification, or other reasonable documentation.

• 4.1.9 Failure to provide requested verification within a reasonable time may result in suspension, delay or cancellation of orders, or termination of the Account and Services.

• 4.1.10 SCALIBIT shall not be liable for any loss or damage you incur due to unauthorized access or use of your Account. You are strictly liable for any loss, damage, or legal liability suffered by SCALIBIT or third parties arising from use of your Account, including but not limited to network abuse, spamming, security incidents, or IP blacklisting.

• 4.1.11 Where an Account is opened on behalf of a company, organization, or other legal entity, SCALIBIT may require corporate verification documents, including business registration records and identification of the authorized representative acting on behalf of the entity.

4.2 Account Accuracy and Security

SCALIBIT does not routinely access, inspect, review, or analyze Customer content, communications, traffic, workloads, or processing activities. Any security measure implemented by SCALIBIT is intended solely to protect the integrity and availability of the infrastructure and does not constitute supervision or control over Customer operations.

In order to access certain features of the Website, place orders, or use any Services, you must create an Account. You represent and warrant that all information you provide when creating your Account is accurate, current, and complete. You agree to notify SCALIBIT within five (5) business days of any change to your Account Information. Failure to respond within five (5) business days to any inquiries from SCALIBIT to verify the validity of your Account Information will constitute a material breach of this Agreement and may result in the suspension of the Account, rejection or cancellation of any orders, and termination of Services.

If SCALIBIT reasonably determines that your Account Information is false, inaccurate, incomplete, or misleading, SCALIBIT reserves the right, in its sole discretion, to suspend or terminate your Account, cancel any pending or active orders, and suspend or terminate any related Services without prior notice and without any obligation to issue a refund.

You are solely responsible for all activity occurring under your Account, regardless of whether such activity was authorized by you or resulted from a security compromise. You must keep all Account and service access credentials secure — including, without limitation, your Client Portal username, support PIN code, password, multi-factor authentication (MFA) secrets or tokens, API keys, and any server, cloud, or virtual machine access credentials (such as SSH usernames, SSH keys, passwords, SSH port numbers, and RDP credentials), as well as any other sensitive access information. You must notify SCALIBIT immediately of any breach of security or unauthorized use of your Account. SCALIBIT shall not be obligated to recover lost data or restore system configurations resulting from unauthorized access.

SCALIBIT may implement automated or infrastructure-level technical measures solely to maintain the stability, integrity, security, or availability of its network, systems, and hardware. Such measures are purely operational and do not involve inspection, supervision, analysis, interpretation, assessment, or verification of Customer software, data, communications, or workloads, and do not constitute monitoring, moderation, approval, or awareness of Customer activity.

Information available to SCALIBIT is limited to account-level and service provisioning metadata necessary to operate the Services, which may include: account registration information provided by the Customer, order and billing records, assigned IP address allocation history, service activation or termination timestamps, support ticket communications, and Client Portal access IP address and time records.

SCALIBIT does not routinely access, inspect, or analyze Customer content, communications, traffic, or workloads deployed within services rented, used, or administered by the Customer. Such services operate under the Customer’s exclusive administrative control. Access to services rented, used, or administered by the Customer may occur only upon the Customer’s explicit support request or where required by applicable law. Any such access is temporary, limited to the scope of the reported issue, and does not constitute monitoring, supervision, or knowledge of Customer activity. SCALIBIT does not possess, collect, retain, or analyze network traffic logs, packet contents, browsing histories, connection destinations, VPN usage data, or application-level activity originating from services rented, used, or administered by the Customer. Where network-level records exist, they are generated and controlled exclusively by upstream network or data center providers and are not maintained by SCALIBIT.

SCALIBIT shall not be liable for any loss or damage you incur due to unauthorized access or use of your Account. However, You are strictly liable for any loss, damage, or legal liability suffered by SCALIBIT or third parties caused by unauthorized use of Your Account, including but not limited to network abuse, spamming, or IP blacklisting.

For security, anti-fraud, or regulatory compliance purposes, SCALIBIT reserves the right to request identity verification (KYC) at any time. Verification may also be required when an order appears suspicious or is flagged by fraud detection systems. Such verification may include, but is not limited to, a government-issued photo ID such as a passport, national ID card, or driver’s license.

Identity verification is performed solely for account security, fraud prevention, and contractual eligibility purposes and does not establish a monitoring, supervisory, or fiduciary relationship between SCALIBIT and the Customer.

SCALIBIT applies identity verification on a risk-based and discretionary basis. The absence of a verification request in any particular case does not imply approval, endorsement, or validation of the Customer or its activities and does not create any obligation for SCALIBIT to investigate, screen, or monitor Customers.

Where an Account is opened on behalf of a company, organization, or other legal entity, SCALIBIT may additionally require corporate verification documents, including but not limited to a certificate of incorporation, business registration documents, proof of company existence, and identification documents of the authorized representative acting on behalf of the entity.

Failure to promptly provide requested verification may result in suspension, delay, or cancellation of the order, or termination of your Account and Services.

Specialized compute orders — including those involving AI infrastructure deployments, GPU clusters, or potential dual-use technologies — may be subject to additional validation under applicable sanctions, export control, and AML frameworks. Crypto-mining, blockchain validation, or hash-rate resale activities are strictly prohibited. SCALIBIT reserves the right to decline or terminate any account where such risks are reasonably indicated by external reports, operational impact, or upstream provider notification.

All Account passwords are managed exclusively by the Customer. SCALIBIT does not have access to, store, or retrieve customer passwords or other authentication secrets. For enhanced protection, Customers may enable Two-Factor Authentication (2FA). You acknowledge that if You enable 2FA and lose access to Your primary authentication device or recovery methods, SCALIBIT may require extensive identity verification before granting access, and in some cases, account recovery may not be technically possible. SCALIBIT is not liable for any service interruption, account lockout, or data loss resulting from Your loss of access to 2FA credentials.

SCALIBIT does not obtain actual knowledge of Customer activities solely by providing infrastructure, IP connectivity, routing, or automated provisioning. Provision of infrastructure, IP connectivity, routing, automated provisioning, or incidental support access shall not be interpreted as knowledge, control, monitoring, or supervision of Customer activity.

4.3 Transfer of Data Abroad

If you are visiting this Website or using our Services from a country other than the one in which our servers or the upstream data centers where our infrastructure is hosted are located, your communications with us may result in the transfer of personal data across international borders.

By creating an Account, you explicitly consent to such international transfers. These transfers may include the movement of data between SCALIBIT’s global infrastructure locations (United States, Europe, Asia, etc.). All such transfers are carried out in accordance with applicable data protection laws, including GDPR, UK GDPR, CCPA/CPRA, and other relevant U.S. State Privacy Laws. SCALIBIT implements appropriate safeguards — such as Standard Contractual Clauses (SCCs) — where required.

Where customers deploy AI models, training data, or GPU compute resources across multiple global cloud locations, you acknowledge that telemetry, metadata, and technical logs may be transferred across international regions strictly for infrastructure maintenance and delivery purposes. Such transfers remain governed by applicable data protection requirements.

5. ACCOUNT PANEL

The Account Panel associated with your account (“Account Panel”), accessible at https://scalibit.com/login, enables you to purchase, renew, extend, suspend, or cancel Services, and to manage billing, support tickets, and service configurations. Any action performed through the Account Panel or via SCALIBIT APIs using your credentials, active sessions, authentication tokens, cookies, or API keys shall be deemed an authorized action taken by you. SCALIBIT shall not be liable for accidental deletions, unintended purchases, service terminations, configuration changes, automated actions, or misconfigurations initiated through these interfaces, regardless of whether such actions resulted from user error, compromised credentials, session hijacking, malware, or third-party access, unless directly caused by a demonstrable internal security failure of SCALIBIT’s own authentication systems. No refunds or credits shall be issued for Customer-initiated or Customer-originating actions.

When you register for a SCALIBIT Customer Account through the SCALIBIT Client Portal (e.g., via scalibit.com/login), you will create your own login credentials by selecting an email address (as your username) and a password. These credentials are chosen and managed exclusively by you. SCALIBIT does not generate, assign, or store Customer Account passwords in retrievable form. Access to the SCALIBIT Client Portal is separate from access credentials associated with services rented, used, or administered by the Customer (such as server root access, SSH credentials, control panel logins, RDP credentials, or API keys), which are configured, selected, or subsequently managed by the Customer. You are solely responsible for maintaining the confidentiality and security of your SCALIBIT Customer Account login information and for all activities that occur under your Account.

For Dedicated Servers or Bare Metal Services, during the initial operating system installation and provisioning process, credentials provided by the Customer during the order process may be used solely for deployment purposes. SCALIBIT utilizes such Customer-supplied credentials exclusively for initial system configuration, does not retain such credentials in retrievable or plaintext form beyond the initial provisioning process, and does not access such credentials thereafter. Customers are required to change all initial passwords immediately upon first login and to implement appropriate security measures, including modification of default passwords, default ports, SSH configurations, authentication mechanisms, firewall rules, and other security parameters. For Virtual Machine, Cloud, or automated provisioning Services, credentials entered by the Customer are processed through automated deployment systems without manual access by SCALIBIT personnel. SCALIBIT shall not be responsible for any unauthorized access, security breach, service misuse, or data compromise resulting from failure to change initial credentials, weak password selection, credential reuse, improper security configuration, credential sharing, or failure to implement reasonable security practices.

You are exclusively responsible for all security, maintenance, and configuration of your Services, including operating system updates, patching, software configuration, firewall implementation, access control management, and protection of hosted data. SCALIBIT does not provide managed security, content moderation, or patch management for services rented, used, or administered by the Customer unless explicitly stated in a separate written agreement.

SCALIBIT may implement account verification procedures for security, anti-fraud, sanctions screening, regulatory compliance, or risk management purposes. Such verification may include email verification, multi-factor authentication (2FA), SMS-based phone verification (including one-time passcode (OTP) validation), and, where reasonably required, submission of additional documentation to verify identity or service eligibility. This may include government-issued identification (such as a passport, national ID card, or driver’s license), proof of address, or, in the case of business accounts, corporate registration documents or proof of authorized representation. Verification may be requested prior to order acceptance or at any time during the use of the Services where risk indicators are identified. Failure to provide requested verification information may result in suspension, restriction, or cancellation of the affected Account or Services. These procedures are preventive security measures and do not constitute monitoring or supervision of Customer activity.

You must immediately notify SCALIBIT of any unauthorized use of your Account or security breach at support@scalibit.com. Failure to do so may result in suspension or termination of your Account. SCALIBIT may require immediate rotation or modification of any Account login credentials (including Customer Panel usernames and passwords) or service access credentials (including, without limitation, SSH usernames, SSH keys, passwords, SSH port numbers, RDP usernames and passwords, API keys, session tokens, and related authentication mechanisms) where such credentials are reasonably believed to be insecure, exposed, or compromised. If your chosen username or identifier is misleading, impersonates another entity, or violates third-party intellectual property rights, SCALIBIT reserves the right to suspend or reclaim the Account without prior notice.

You agree not to use the Account Panel or APIs to overload, interfere with, automate abusive actions against, or otherwise degrade SCALIBIT systems or other users’ services. Abuse includes, but is not limited to, excessive API calls, automated provisioning loops, credential-stuffing, brute-force attempts, scraping, resale panel automation, or actions that negatively impact platform stability. Determination of abuse shall be made by SCALIBIT in good faith based on reasonable technical assessment. Violations may result in rate-limiting, suspension, or termination without notice.

SCALIBIT reserves the right to remove or reclaim any usernames, identifiers, or account handles at any time and for security, operational, or legal reasons, including trademark claims, impersonation, or fraud prevention.

It is your responsibility to ensure that SCALIBIT domain names (including “scalibit.com”) and notification emails are not blocked or filtered by you or your email provider. SCALIBIT is not responsible for service interruptions, missed billing notices, suspensions, or financial loss resulting from undelivered notifications.

Where the Customer voluntarily provides access credentials to SCALIBIT during a support request, such access is temporary and strictly limited to the scope of the request. Actions performed shall remain attributable to the Customer and the Customer’s service environment and do not transfer operational responsibility or administrative control to SCALIBIT.

6. ACCOUNT USE

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your login email address, authentication tokens, and password. You must ensure that your primary contact email remains valid, secure, and accessible at all times, as SCALIBIT sends all official communications — including invoices, payment reminders, suspension notices, service updates, security alerts, and support ticket correspondence — exclusively to the registered email address.

If you wish to allow additional users (such as billing staff, technical administrators, or company representatives) to receive specific notifications or access certain areas of your Account, you may add them through the User Management feature. You may assign granular permissions (e.g., invoices, support tickets, account profile, email history) and configure whether they receive email notifications, panel access, or both. The Account owner (primary registrant) always retains full permissions and remains strictly and legally responsible for any actions, purchases, deletions, policy violations, or unlawful activities committed by authorized sub-users, employees, contractors, or third parties accessing the Account.

SCALIBIT will never ask you for your password and will never send you a password chosen by us. Password changes are performed only through secure, system-generated mechanisms:

• Assisted Recovery (No Email Access): If you no longer have access to the email address associated with your Account, SCALIBIT may, at its discretion, require identity verification and/or supporting documentation (for example, a government-issued photo ID (national ID card or passport), proof of residence, payment confirmation records, or valid company registration records) before updating your contact details. The decision to grant or deny access following an assisted recovery request is at SCALIBIT’s sole discretion and is final. Once identity is verified, a secure password reset link will be sent to the newly verified contact email address.

• Any documents submitted for identity verification will be used solely for account security and fraud prevention purposes, handled in accordance with SCALIBIT’s Privacy Notice, and will be securely deleted once the internal verification or investigation process is completed (unless longer retention is legally required or necessary for fraud mitigation).

You are fully responsible for all activities conducted under your Account, regardless of whether such activity resulted from authorized use, credential compromise, phishing, malware infection, device compromise, insider access, or third-party misuse. SCALIBIT is not liable for any loss or damage arising from unauthorized use of your credentials where such access originates from your systems, devices, email account, or authentication mechanisms.

In the event of ownership or access disputes — including but not limited to partnership dissolution, employee termination, business separation, internal corporate conflict, inheritance matters, or competing authority claims — SCALIBIT will remain strictly neutral and may place the affected Account or Services on administrative hold until a valid legal determination, court order, or mutually signed written resolution is provided.

For the purpose of determining the Account holder, SCALIBIT may rely on objective indicators including, but not limited to: billing records, payment ownership, original registration data, verified contact information, historical account control, or government-issued identification. SCALIBIT is not required to adjudicate ownership disputes and shall not act as arbitrator between parties.

During any administrative hold or dispute, the Customer remains responsible for all ongoing service fees. Failure to pay during a dispute may result in automated suspension, termination, and irreversible data deletion according to standard lifecycle policies. SCALIBIT shall not be liable for any downtime, data loss, or financial damages resulting from its neutrality or administrative actions during such disputes.

SCALIBIT may comply with any valid legal order, subpoena, court order, regulatory demand, or law enforcement request regarding Account access or data disclosure and may do so without prior notice where legally prohibited, restricted, or operationally impractical to notify the Customer.

You agree to defend, indemnify, and hold harmless SCALIBIT, its affiliates, officers, employees, and agents from any and all claims, damages, or liabilities arising out of or related to ownership disputes, authority claims, or access conflicts, including attorney fees and associated legal costs.

If you are required to transmit sensitive or personal information to SCALIBIT, you must ensure that such information is transmitted only through secure and encrypted channels designated by SCALIBIT (e.g., the Client Portal). SCALIBIT is not responsible for any data transmitted through unsecured, third-party, or unofficial communication methods (such as messaging apps or unencrypted email).

Failure to maintain access to your primary contact email address does not exempt you from receiving notices or being bound by applicable deadlines — including service suspension, invoice due dates, or data deletion schedules. A notice is deemed delivered at the moment it is sent by SCALIBIT to the registered email address, regardless of delivery failure caused by spam filtering, domain expiration, mailbox inactivity, or provider rejection.

7. DATA PROTECTION, USE & PROCESSING

Important Clarification: Infrastructure Provider Role. For all services provided by SCALIBIT where the Customer maintains administrative control — including but not limited to Virtual Machines, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers or Bare Metal, and AI, GPU & Specialized Compute Hosting — SCALIBIT acts solely as an infrastructure provider. Services rented, used, or administered by the Customer operate as self-administered computing environments under the Customer’s exclusive control.

SCALIBIT provides independently operated infrastructure services that enable Customers to deploy, host, and operate their own applications, content, and services. SCALIBIT does not pre-screen, monitor, select, modify, or approve Customer content and has no prior or actual knowledge of data, files, communications, content, or traffic processed within services rented, used, or administered by the Customer. SCALIBIT has physical control over its infrastructure but does not maintain logical access to Customer systems (including login credentials or application-level data) and does not control or inspect the content transmitted through the infrastructure in the ordinary course of service delivery. SCALIBIT functions solely as an infrastructure and transmission intermediary and does not act as a publisher, editor, or content moderator of Customer-operated services.

SCALIBIT does not routinely access, process, monitor, inspect, or analyze any data, software, or content stored, transmitted, or processed within services rented, used, or administered by the Customer — including but not limited to operating systems, applications, files, databases, AI models, storage volumes, or hosted content (collectively, “Customer Data”).

Any access may occur only when explicitly authorized by the Customer for technical support purposes, to maintain the security, integrity, or stability of the network infrastructure, or where required by applicable law, and is strictly limited in scope and duration. Such access is restricted to infrastructure and connectivity troubleshooting — including operating system reachability, network configuration errors (for example incorrect IP address, subnet, or routing configuration), temporary network interruptions, power cycling, console recovery, or operating system reinstallation requests.

SCALIBIT does not undertake application administration, software debugging, data review, or content analysis within services operated or controlled by the Customer.

The Customer retains full administrative and technical control and acts as the data controller (or, where applicable, data processor depending on the Customer’s activities) with respect to Customer Data — meaning all data, files, databases, applications, AI models, and content stored or processed within services rented, used, or administered by the Customer, excluding account, billing, and support information maintained within SCALIBIT’s own administrative systems. SCALIBIT does not perform backups of Customer Data and is not responsible for data loss, corruption, destruction, alteration, or unavailability of Customer Data, regardless of cause, including but not limited to hardware failure, storage failure, software malfunction, network interruption, third-party provider failure, suspension actions, or security incidents. Maintaining secure and redundant backups remains the sole responsibility of the Customer. Infrastructure failures may result in permanent data loss, and SCALIBIT’s obligation in such events is limited to reasonable efforts to restore infrastructure functionality only, excluding any obligation to recover, reconstruct, restore, or compensate for Customer Data or business impact.

SCALIBIT’s obligations under this Section apply only to the processing of personal data related to the Customer's Account Information (such as contact, billing, and order details) and administrative service metadata strictly necessary for service delivery, solely as stored within SCALIBIT’s administrative systems and service platforms (“Your Data”). Your Data excludes Customer Data, hosted content, AI models, or files processed or stored within services operated or controlled by the Customer.

SCALIBIT acts as a Data Processor (or Service Provider) solely with respect to account-level administrative data stored within the SCALIBIT Customer Panel, billing platform, and support ticket system — including customer-provided registration details, contact information, order and billing records, Client Portal access logs, and customer-initiated support communications — while the Customer acts as the Data Controller. The terms of SCALIBIT’s Data Processing Addendum (DPA), including Standard Contractual Clauses, are incorporated into these Terms.

SCALIBIT does not act as a data processor with respect to Customer Data stored or processed within services rented, used, or administered by the Customer and does not determine the purposes or means of processing such data.

SCALIBIT implements reasonable technical and organizational safeguards to protect Your Data stored within its administrative systems in accordance with applicable privacy frameworks including GDPR, UK GDPR, and CCPA/CPRA. Customers remain solely responsible for ensuring that any personal data processed within services rented, used, or administered by the Customer complies with applicable privacy and data protection laws.

SCALIBIT does not access Customer Data in the ordinary course of service delivery and does not use Customer Data for advertising, profiling, or analytics. Any incidental access, where technically unavoidable for maintaining service availability, is limited to infrastructure-level diagnostics and does not involve review, interpretation, or awareness of specific Customer content.

Handling of abuse complaints or legal notices does not require inspection or verification of Customer Data and is performed based on external reports, automated infrastructure alerts, or lawful orders, including reports received from upstream data center providers, network operators, or transit carriers relating to IP addresses assigned to the Customer. SCALIBIT acts solely as an intermediary forwarding such notices and has no obligation to independently investigate or verify the factual accuracy of such reports, processing them in good faith based on the representations of the reporting party or competent authority. Any actions taken in response relate solely to the operational status of the affected service; SCALIBIT does not access, modify, or delete Customer Data inside the service environment as part of abuse handling. Where reasonably practicable, SCALIBIT will notify the Customer and request corrective action. If the Customer fails to respond or remediate within the specified timeframe, or where immediate action is necessary to prevent ongoing abuse or comply with upstream or legal requirements, SCALIBIT may temporarily suspend, restrict, filter, or null-route network access or service availability. Continued non-response or failure to remediate may result in service termination in accordance with these Terms.

Provision of infrastructure, IP connectivity, routing, automated provisioning, or incidental support access shall not be interpreted as knowledge, possession, control, or monitoring of Customer Data or Customer activity.

8. OUR ACCEPTABLE USE AND ANTI-SPAM POLICIES

To use SCALIBIT Services, you acknowledge, agree to, and warrant ongoing compliance with our Acceptable Use Policy (AUP) and Anti-Spam Policy (collectively, the “Policies”), as each may be updated or amended from time to time. These Policies govern acceptable and prohibited uses of SCALIBIT Services, including but not limited to restrictions on unlawful content, abusive or harmful activity, bulk messaging, system or network abuse, security exploitation, sanctions violations, and violations of applicable local, state, federal, or international laws or regulations.

You understand and agree that compliance with these Policies is a material condition of your use of SCALIBIT Services. Any violation of the AUP or Anti-Spam Policy constitutes a material breach of this Agreement and may result in immediate suspension, restriction, null-routing, filtering, or termination of your Services without refund. SCALIBIT is not required to provide prior notice before taking enforcement action if a violation is detected or reasonably suspected, including where immediate action is necessary to protect network integrity, comply with upstream provider requirements, or satisfy applicable legal obligations.

SCALIBIT reserves the right to investigate suspected violations and to take any action it deems appropriate, including restricting or disabling access to the Services, suspending or terminating affected accounts or services, null-routing or filtering network traffic, or taking other operational measures necessary to enforce the Policies. The determination of whether a violation has occurred shall be made by SCALIBIT in good faith and based on reasonable technical assessment. You agree to cooperate with SCALIBIT in any such investigation. SCALIBIT may also cooperate with law enforcement authorities, public prosecutors, courts, upstream data center providers, transit carriers, network operators, and affected third parties without notifying You.

Liability for Abuse: You remain strictly and solely responsible for all use of your Services. In the event that Your use of the Services results in the blacklisting of any IP addresses assigned to or utilized by Your Services, causes reputational harm, network disruption, or contractual penalties imposed by upstream providers, SCALIBIT reserves the right to charge You for the reasonable and documented costs associated with remediation. Such costs may include, without limitation, IP replacement fees, emergency mitigation services, abuse response handling, administrative labor at SCALIBIT’s then-current hourly rates, legal expenses, IP reputation remediation costs, and any liquidated damages or contractual penalties set forth in the Anti-Spam Policy or imposed by upstream infrastructure providers.

The Acceptable Use Policy and Anti-Spam Policy are hereby incorporated by reference and form an integral part of these Terms of Service. Continued use of the Services following any policy updates constitutes your acceptance of the revised Policies. If you do not agree to these Policies, you must discontinue use of the Services immediately.

9. AVAILABILITY OF WEBSITE & SERVICES

SCALIBIT shall use commercially reasonable efforts to provide this website, the Services available for purchase on our site, and the operation of our infrastructure on a twenty-four (24) hour, seven (7) day per week basis. However, you acknowledge and agree that from time to time, access to the Site or Services may be temporarily unavailable or inoperable due to: (i) maintenance, repairs, or upgrades performed by SCALIBIT or its upstream providers; (ii) network, hardware, or equipment malfunctions; or (iii) causes beyond our reasonable control, including but not limited to power outages, Internet or telecommunications failures, denial-of-service (DoS/DDoS) attacks, network congestion, infrastructure failures at the level of upstream data centers or infrastructure providers, upstream provider maintenance or service withdrawal, acts of God, natural disasters, pandemics, or governmental restrictions (collectively, “Force Majeure Events,” as further described in Section 51 – Force Majeure).

You acknowledge and agree that SCALIBIT has no control over the continuous or uninterrupted operation of the Internet or third-party networks, and that we assume no liability for any service interruption, degradation, or data loss arising from such events. SCALIBIT reserves the right to temporarily suspend or "null-route" any Service that is under attack (e.g., DDoS) or is causing instability to SCALIBIT’s infrastructure or other customers. Under no circumstances shall SCALIBIT be liable for any damages, loss of data, loss of revenue, or business interruption resulting from any temporary unavailability of the Services.

From time to time, SCALIBIT may introduce new or experimental features, limited preview services, or pre-release offerings (“Beta Services”). Beta Services are provided for testing and evaluation purposes only and are offered on an “as is,” “as available,” and “with all faults” basis. By using any Beta Services, you acknowledge and agree that:

• (i) Beta Services may contain bugs, errors, or defects and may not operate reliably;

• (ii) SCALIBIT does not recommend using Beta Services in production or mission-critical environments;

• (iii) SCALIBIT may modify, suspend, or permanently discontinue Beta Services at any time without prior notice and without liability for data loss;

• (iv) Technical support for Beta Services may be limited or unavailable;

• (v) Commercial versions of Beta Services may differ significantly from test versions and may not be backward compatible;

• (vi) You agree to provide feedback or error reports to SCALIBIT and grant SCALIBIT a perpetual, worldwide, royalty-free license to use such feedback for product improvement and marketing purposes; and

• (vii) You agree that all information about Beta Services is confidential and may not be disclosed to third parties without SCALIBIT’s prior written consent.

No Warranty for Uptime: SCALIBIT disclaims all warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to the Website, Services, and any Beta Services. Unless expressly provided in a separate written Service Level Agreement (SLA), SCALIBIT does not guarantee uninterrupted availability of the Services and does not provide service credits or refunds for downtime. Where a valid and applicable SLA exists, any service credits shall be governed exclusively by the terms of that SLA and, in no event, shall any credit exceed the prorated amount paid for the affected Service during the specific billing period in which the disruption occurred.

SCALIBIT may also make available certain products or services provided by third-party vendors. Such third-party offerings are subject to the terms and conditions of the respective providers. Unless otherwise stated, this Agreement governs the relationship between you and SCALIBIT, and nothing in any third-party agreement shall modify, expand, or diminish SCALIBIT’s obligations under this Agreement. For additional details, please refer to Section 25 – Third Party Products and Services.

10. YOUR RESPONSIBILITIES AND USE RESTRICTIONS

• 10.1 You are solely responsible for your use of the Services and for the actions and omissions of all users under your Account. You must ensure that all such users comply at all times with SCALIBIT’s Acceptable Use Policy (AUP). You agree to defend, indemnify, and hold harmless SCALIBIT from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from your or your users’ use or misuse of the Services, regardless of whether such use was authorized by You or resulted from unauthorized access to Your Account.

• 10.2 You and your users must use the Services in full compliance with all applicable local, state, federal, and international laws and regulations. This includes, without limitation: (i) the laws of the United States; (ii) the laws of the country where SCALIBIT is established or operates; and (iii) the laws of the countries where the servers, upstream data center facilities, and upstream network infrastructure used to deliver the Services are physically located.

  This includes, but is not limited to, data protection and privacy laws, intellectual property laws (including the U.S. Digital Millennium Copyright Act (DMCA)), cybersecurity and computer misuse laws, export control and sanctions regulations, laws governing unsolicited commercial communications (including anti-spam regulations), and applicable platform and intermediary regulations (including the EU Digital Services Act (DSA)). You are responsible for obtaining and maintaining all required licenses, permits, and approvals necessary for your use of the Services, and for ensuring that your employees, contractors, customers, and end users comply with all such laws when accessing or using the Services.

• 10.3 Except where expressly provided, you are responsible for procuring, installing, operating, and maintaining all hardware, software, Internet connections, and third-party services (“Third-Party Products”) required to use the Services. SCALIBIT is not responsible for failures or errors caused by Third-Party Products. If we notify you that a Third-Party Product causes service disruption, you must promptly resolve the issue or discontinue its use. We may suspend or restrict Services until such issues are corrected. Technical assistance with Third-Party Products may be offered by SCALIBIT at our then-current support rates.

• 10.4 The Services are not designed or intended for use in hazardous environments requiring fail-safe performance, including but not limited to life support systems, nuclear facilities, aircraft navigation, or medical devices. You agree not to use the Services for such purposes and acknowledge that SCALIBIT shall have no liability for any damages or losses resulting from such use.

• 10.5 You must at all times use SCALIBIT Websites and Services in accordance with our Acceptable Use Policy, which is incorporated by reference. Any violation of the AUP constitutes a material breach of this Agreement.

• 10.6 You are fully responsible for all activity occurring under your Account and any Services rented, used, or administered by you, whether performed by you, your employees, contractors, agents, customers, or any third party.

• 10.7 You must ensure that your employees, agents, and contractors who access or use the Services are aware of and comply with this Agreement, and you are responsible for their compliance.

• 10.8 You shall not (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying structure of the Services or software; (ii) modify or create derivative works; or (iii) sell, rent, sublicense, or transfer any rights granted to you hereunder, except as expressly permitted. To the extent that any portion of the Services incorporates open-source software, such open-source licenses shall govern their respective components.

• 10.9 SCALIBIT reserves the right to access, preserve, or disclose information maintained within its own administrative systems, and to take operational actions at the infrastructure level, only to the extent reasonably necessary for the purposes of: (i) complying with applicable law, regulation, or legal process; (ii) enforcing this Agreement; (iii) detecting, preventing, or addressing fraud, abuse, or technical issues affecting the network infrastructure; (iv) responding to Customer-initiated support requests; or (v) protecting SCALIBIT’s rights, property, and users. Nothing in this Section shall be interpreted as granting SCALIBIT routine monitoring or application-level access to Customer Data within services rented, used, or administered by the Customer.

• 10.10 The Services are subject to all applicable trade and economic sanctions, export control laws, and regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), Bureau of Industry and Security (BIS), and other relevant U.S. and international authorities. You represent and warrant that you are not: (a) located in, ordinarily resident in, or conducting business operations from any embargoed, comprehensively sanctioned, or restricted country or region — including but not limited to Cuba, Iran, North Korea, Syria, Russia, Belarus, or the Crimea, Donetsk (DPR), or Luhansk (LPR) regions of Ukraine — as such lists are updated from time to time by relevant authorities; or (b) identified on any U.S. or international sanctions or restricted-party lists, including but not limited to the Specially Designated Nationals (SDN) List, Sectoral Sanctions Identifications (SSI) List, BIS Denied Persons List, Entity List, or Unverified List.

  Any attempt to access, purchase, resell, provision, route, or indirectly make the Services available—whether directly or via VPNs, proxies, resellers, or third-party networks—in violation of such laws is strictly prohibited and may result in immediate suspension or termination of Services, without refund, and may be reported to competent authorities.

• 10.11 You must comply with all applicable export and import control regulations in your use of the Services. You shall not export, re-export, or transfer the Services or related data without all necessary government approvals. Accessing the Services from outside your jurisdiction may constitute an export of technology, for which you are solely responsible.

• 10.12 You must implement and maintain appropriate security practices to protect your Account and any Services rented, used, or administered by you, including but not limited to the use of strong passwords, multi-factor authentication, secure storage of private keys, proper management of SSH/RDP credentials, API keys, access tokens, firewall configuration, system patching, and access controls. You are solely and fully responsible for any unauthorized access, service misuse, security breach, or data compromise resulting from your failure to maintain adequate security or to implement reasonable security measures.

• 10.13 You must immediately notify SCALIBIT upon discovering any security incident or unauthorized access related to your Account or use of the Services. You agree to fully cooperate with SCALIBIT and relevant authorities in investigating and resolving such incidents. For incidents involving personal data, the procedures outlined in SCALIBIT’s Data Protection, Use & Processing and Legal & Law Enforcement Requests for Customer Information sections shall apply.

• 10.14 All use of SCALIBIT Services must comply with the terms set forth in SCALIBIT’s Acceptable Use Policy (AUP), which forms an integral part of this Agreement. Violations of the AUP may result in suspension, restriction, or termination of Services without refund, at SCALIBIT’s sole discretion.

• 10.15 You are fully and solely responsible for the proper use of any IP addresses assigned to you in connection with the Services, including all activities conducted by your employees, contractors, agents, resellers, customers, or end users. You must comply with all applicable Regional Internet Registry (RIR) policies, including ARIN, RIPE NCC, APNIC, LACNIC, or AFRINIC requirements where applicable, and with all relevant laws and regulations governing the use of IP address space.

  You must maintain accurate and functional DNS and reverse DNS (PTR) records and prevent abuse, spam, fraud, network attacks, or other prohibited activities originating from IP space assigned to your Services. Your use of IP space must remain compliant with SCALIBIT’s Acceptable Use Policy.

  In the event that Your use results in blacklisting, reputation damage, routing disruption, contractual penalties imposed by upstream providers, or any form of network degradation affecting SCALIBIT’s infrastructure, You agree to be liable for all reasonable and documented costs associated with remediation. Such costs may include, without limitation, IP replacement fees, emergency mitigation services, legal costs, administrative labor at SCALIBIT’s then-current hourly rates, IP reputation restoration efforts, and any penalties or charges imposed by upstream infrastructure or transit providers.

  Where IP addresses are assigned to You by SCALIBIT or its upstream infrastructure providers, You may not modify, announce, re-route, sub-allocate, or otherwise manipulate such IP space without prior written authorization. Routing control, prefix authorization, and RPKI validation for provider-assigned IP space remain under the control of the applicable upstream provider.

  Where You provide Your own IP address ranges or ASN (including BYOIP scenarios), You are solely responsible for lawful routing announcements, valid RPKI/ROA configuration where applicable, and compliance with all relevant RIR policies.

  This responsibility applies to all SCALIBIT Services, including but not limited to Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers or Bare Metal, and GPU Servers. All Services must be used solely for lawful purposes and in compliance with all applicable local, state, and federal laws and regulations of the United States, as well as the laws and regulations of the jurisdictions in which the upstream data center providers, network operators, or infrastructure providers hosting or announcing the relevant IP address ranges are physically located.

• 10.16 SCALIBIT does not guarantee the preservation, availability, accuracy, or restoration of any data stored, transmitted, or processed through the Services. SCALIBIT does not provide any courtesy or guaranteed backup service for any service category. All Services — including Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers or Bare Metal, and GPU Servers — do not include any backup service under any circumstances. You are solely responsible for maintaining independent, off-site backups of all data at all times. SCALIBIT assumes no liability for any data loss, corruption, or unavailability, regardless of cause, including hardware failure, network outages, or SCALIBIT’s own negligence. You acknowledge that "Redundant Storage" or "RAID" configurations do not constitute a backup. Additional backup terms, limitations, and exclusions are set forth in Section 24 — Backups and Data Loss.

• 10.17 You must promptly and adequately respond to any abuse, security, or vulnerability notifications issued by SCALIBIT, its upstream network carriers, upstream data center providers, or regulatory authorities, and you must fully cooperate in any related investigation. Failure to address such notifications within the specified timeframe may result in immediate filtering, null routing, suspension, or termination of Services without further notice under Section 31.10.1 and Section 33.

• 10.18 You are responsible for ensuring that any IP allocations associated with your Services do not infringe upon third-party intellectual property or trademark rights.

• 10.19 You must not use any SCALIBIT Service — including Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, or Dedicated Servers or Bare Metal — to host, deploy, train, distribute, or operate any artificial intelligence (AI), machine learning (ML), deep learning (DL), GPU-accelerated, or other specialized compute workloads, unless you are using an environment explicitly provisioned and licensed for such purposes under AI, GPU & Specialized Compute Hosting.

  Even in approved AI, GPU & Specialized Compute Hosting environments, the following uses are strictly prohibited:

  • unlawful surveillance, facial recognition, biometric identification, or scraping of sensitive or personal data;

  • voice or identity impersonation, deepfake generation, phishing automation, or synthetic media designed to deceive individuals or the public;

  • automated attacks, malware compilation, vulnerability exploitation, or unauthorized penetration of networks or systems;

  • any form of cryptocurrency mining, blockchain validation, GPU/CPU/ASIC farming, staking infrastructure, hash-rate resale, or similar compute-intensive financial activities — strictly prohibited on all SCALIBIT Services, including AI, GPU & Specialized Compute Hosting;

  • any usage that violates sanctions, export control regulations, AI regulatory frameworks (including GDPR, EU AI Act, U.S. AI Executive Order), or that involves jurisdictionally restricted AI technologies.

  Any prohibited use constitutes a material breach of this Agreement and may result in immediate suspension or termination, without refund, and may be reported to competent authorities or relevant upstream network or data center providers where legally required or operationally necessary.

  The restrictions set forth in this Section are in addition to, and do not replace or limit, SCALIBIT’s Acceptable Use Policy (AUP) and Anti-Spam Policy, which apply to all Services at all times. All AI, GPU, and Specialized Compute Hosting environments remain fully subject to the AUP and all other provisions of this Agreement.

• 10.20 SCALIBIT does not access, inspect, or monitor any AI model inputs, training datasets, inference outputs, source code, or model weights stored or processed in customer-controlled, customer-used, or customer-managed environments. SCALIBIT does not perform content-level monitoring, model auditing, or analysis of any user data, AI workloads, or computational outputs.

  However, for purposes of operational integrity, infrastructure protection, or abuse mitigation, SCALIBIT may receive limited technical telemetry or alerts from the upstream data center facilities and upstream network carriers where the Services or servers are hosted, such as indications of abnormal GPU/CPU consumption, excessive bandwidth usage, or volumetric network events (e.g., DDoS attacks). SCALIBIT reserves the right to throttle, restrict, or suspend any Service in response to such conditions where abnormal resource consumption adversely impacts infrastructure stability or other customers. Such telemetry is strictly resource-level and does not reveal customer content, model data, or in-server activities.

  SCALIBIT has no access to, and cannot monitor, inspect, or interact with any customer applications, stored datasets, model parameters, or operating system logs, unless expressly authorized in writing by the Customer for limited support purposes, or where legally compelled by valid court order. Customers remain solely responsible for regulatory compliance, data classification, and governance of any workloads deployed — including those involving AI, sensitive data, or jurisdictionally regulated content.

• 10.21 The Services are not designed, intended, or permitted for the storage, handling, transmission, or processing of any medical, clinical, or health-related data — including Protected Health Information (“PHI”) as defined under HIPAA, GDPR Article 9, UK DPA Schedule 1, or any similar privacy or healthcare regulation. Customers are strictly prohibited from using the Services for any purpose involving medical diagnosis, patient data management, or clinical decision support. See Section 40 – HIPAA Disclaimer for further details.

11. SERVICES CONTENT

• 11.1 Our Services may allow you to upload, store, host, process, or transmit source code, files, software, applications, databases, website content, structured or unstructured data, text, media, APIs, configurations, logs, backups, or other materials (collectively, your “Services Content”) for use with or through the Services.

  SCALIBIT provides independently operated infrastructure services that enable Customers to deploy and operate their own Services Content. You retain full responsibility for all Services Content uploaded, stored, processed, or transmitted through the Services.

  SCALIBIT does not pre-screen, proactively monitor, select, modify, approve, or moderate Services Content and does not act as a publisher, editor, or content moderator. SCALIBIT functions solely as an infrastructure and transmission intermediary and shall not be deemed to have knowledge, possession, or control of Services Content solely by virtue of providing the Services.

  SCALIBIT has no obligation to review or monitor Services Content for legality, accuracy, or compliance. Any access to Services Content may occur only where strictly necessary for legal compliance, abuse mitigation, infrastructure protection, or in response to a Customer-initiated support request.

  11.1.1 Infrastructure Provider Role. SCALIBIT provides technical infrastructure services that enable Customers to deploy, operate, and manage their own systems, applications, and content. The Services function as Customer-controlled computing environments. SCALIBIT does not operate, control, or manage Customer systems or applications and does not act as a publisher, editor, data controller, or content moderator with respect to Customer-managed environments.

  The provision of infrastructure, connectivity, routing, IP address allocation, storage capacity, or computing resources shall not be interpreted as giving SCALIBIT knowledge, possession, or control of Customer Content. SCALIBIT’s role is limited to providing the technical infrastructure required for the operation of the Services.

  Except where strictly required by applicable law, abuse mitigation, infrastructure protection, or Customer-initiated support requests, SCALIBIT does not access, inspect, analyze, or monitor Customer Content stored or processed within Customer-controlled environments.

  SCALIBIT does not provide application management, operating system administration, website management, database management, or content moderation services for Customer-controlled environments. All configuration, deployment, administration, patch management, and security of Customer systems, applications, virtual machines, cloud instances, dedicated servers, and workloads remain exclusively under the Customer’s responsibility.

  Customer acknowledges and agrees that the Services are provided as infrastructure resources only — including compute capacity, storage, networking, IP address allocation, and related infrastructure components — and that SCALIBIT does not participate in, supervise, or control the operation of Customer applications, websites, services, APIs, or workloads running on such infrastructure.

  The mere provision of infrastructure services shall not be interpreted as giving SCALIBIT actual knowledge, awareness, possession, or control of Customer Content or Customer activities. Customer Content is created, stored, transmitted, and controlled exclusively by the Customer.

  SCALIBIT shall not be considered a publisher, editor, operator, or controller of any website, application, service, or platform hosted by the Customer on the Services. Any legal responsibility related to Customer Content, including but not limited to copyright, intellectual property, privacy, data protection, or regulatory compliance, remains solely with the Customer.

  Certain components of the infrastructure used to deliver the Services — including data center facilities, network routing infrastructure, upstream transit providers, and IP address allocation systems — may be operated by third-party infrastructure providers. Operational, network-level, or infrastructure-level actions taken by such providers are outside the direct control of SCALIBIT.

  Nothing in this Agreement shall be interpreted as creating any obligation for SCALIBIT to actively monitor, investigate, or supervise Customer activities conducted on Customer-controlled infrastructure environments.

  Infrastructure Independence. Certain components used to deliver the Services — including but not limited to data center facilities, physical hardware, power systems, cooling systems, network routing infrastructure, transit providers, IP address allocations, and other supporting infrastructure — may be operated or managed by independent third-party infrastructure providers.

  SCALIBIT coordinates the delivery of Services through such infrastructure providers but does not control their internal operational policies, network routing decisions, physical infrastructure management, or independent compliance obligations. Any operational, technical, or regulatory actions taken by such providers may occur independently of SCALIBIT.

  No Operational Control. Customer systems, workloads, applications, virtual machines, cloud instances, containers, operating systems, software configurations, and network configurations running on the Services are fully managed and controlled by the Customer. SCALIBIT does not operate, administer, configure, or supervise Customer-managed systems unless explicitly requested by the Customer through a support request or where strictly necessary to protect infrastructure security.

  No Technical Supervision. The Customer acknowledges that SCALIBIT does not supervise, audit, validate, or certify the legality, security, configuration, or operational behavior of Customer systems or workloads. The Customer is solely responsible for ensuring that all systems, applications, software, and activities conducted through the Services comply with applicable laws, regulations, and contractual obligations.

  Nothing in this section shall be interpreted as creating any duty for SCALIBIT to monitor Customer activities or enforce compliance on behalf of the Customer.

• 11.2 Subject to this Agreement, you grant SCALIBIT a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and process your Services Content solely as technically necessary to provide and maintain the Services and to perform our legal obligations.

• 11.3 As between you and SCALIBIT, you retain all ownership rights, title, and interest (including intellectual property rights) in and to your Services Content. SCALIBIT does not claim ownership of your Services Content.

• 11.4 Some Services may allow third parties to access or interact with your Services Content (collectively, your “End Users”), including via resale, hosted applications, websites, or APIs. You are fully responsible for your End Users, including their compliance with this Agreement and our Acceptable Use Policy. Any breach of this Agreement by your End Users shall be deemed a breach by you.

• 11.5 You are solely responsible for all aspects of your Services Content, including its legality, accuracy, and suitability. By providing or using your Services Content through SCALIBIT Services, you represent and warrant that:

  • (a) Your Services Content and its use do not violate any applicable law, regulation, or third-party rights;

  • (b) You have obtained all necessary rights, licenses, and permissions to use and distribute your Services Content;

  • (c) Your Services Content does not infringe or misappropriate any copyright, trademark, patent, trade secret, moral right, or privacy right;

  • (d) Your Services Content does not contain defamatory, libelous, obscene, or unlawful material, nor does it promote violence, discrimination, or illegal activities;

  • (e) You are solely responsible for the technical operation, maintenance, moderation, and support of your Services Content, including that contributed by your End Users.

• 11.6 You are solely responsible for configuring and using the Services in a secure manner, and for implementing appropriate technical and organizational safeguards — including encryption, access controls, malware protection, logging, monitoring, and maintaining independent, off-site backups of all Services Content. SCALIBIT does not provide or include any backup service for any service category under any circumstances. This includes, without limitation, Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers or Bare Metal, and GPU Servers. SCALIBIT does not guarantee data retention, availability, integrity, or restoration under any circumstances.

  To the fullest extent permitted by applicable law, SCALIBIT shall not be liable for any loss, corruption, unavailability, unauthorized access to, or destruction of Services Content, regardless of cause — including, without limitation, hardware failure, data center incidents, network outages, third-party acts, or ordinary negligence. Nothing in this Section shall exclude or limit liability to the extent such limitation is prohibited by applicable law.

  You acknowledge and agree that maintaining independent, off-site backups is Your sole and non-delegable duty. Additional terms regarding backups, limitations, and exclusions are set forth in Section 24 — Backups and Data Loss.

• 11.7 SCALIBIT indicates the intended hosting location (such as country or region, and where applicable the underlying data center facility) for each Service on the relevant product pages and during the order process. The Customer is informed of the service location before placing an order. By purchasing or using a Service, the Customer agrees to the use of that indicated location, subject to SCALIBIT’s technical, operational, and regulatory requirements.

  Cloud Services (Cloud Servers), Cloud Compute, Optimized Cloud Compute, and Virtual Machines may be delivered from a single region or distributed across multiple regions. SCALIBIT manages and coordinates the provisioning and operation of the underlying infrastructure through its upstream infrastructure providers, and the exact data center facility, routing path, or jurisdiction used to host, process, or back up (if applicable) Services Content may change over time to support redundancy, performance, compliance, security, or business continuity.

  Dedicated Servers, GPU Servers, or Bare Metal Servers may be offered from different regions by SCALIBIT, and the Customer may request a specific region or configuration from the available options shown at the time of ordering. Actual provisioning depends on availability and may involve alternate or supplementary upstream infrastructure or data center providers.

  By using the Services, you acknowledge and consent that your Services Content may be stored, routed, processed, or backed up (if applicable) in any facility used by SCALIBIT or its infrastructure providers, in accordance with applicable data protection laws. For more details on data processing responsibilities and lawful cross-border transfers, please refer to Section 7 — Data Protection, Use & Processing. You represent and warrant that you have obtained all necessary consents, authorizations, and legal bases for any cross-border transfers and processing of Services Content, including any personal data or confidential information.

• 11.8 SCALIBIT reserves the right (but has no obligation) to take operational or technical measures with respect to Services Content where a violation of this Agreement, the Acceptable Use Policy, or applicable law is reasonably identified or suspected. Such measures may include restricting or disabling access to the affected Services, filtering or null-routing network traffic, suspending or terminating Services, or otherwise limiting infrastructure-level functionality.

  SCALIBIT does not engage in proactive or routine monitoring of Services Content and does not undertake content moderation responsibilities. Any action taken under this Section is performed solely to enforce contractual obligations, comply with applicable local, state, or federal laws of the United States, as well as applicable foreign or international regulations, or to satisfy requirements imposed by upstream data center providers, network operators, or infrastructure partners.

  Suspension or termination may also occur when reasonably necessary to protect the integrity, confidentiality, availability, or security of SCALIBIT’s systems, network infrastructure, or upstream providers.

  Nothing in this Section shall be interpreted as creating any duty to monitor or supervise Customer activity.

• 11.9 The creation, training, processing, or distribution of AI-generated or synthetic content — including but not limited to text, images, video, audio, biometric likeness, voice cloning, large language model outputs, synthetic media, or deepfake content — is strictly prohibited on all SCALIBIT Services except on eligible AI, GPU & Specialized Compute Hosting platforms that are explicitly designed, licensed, and provisioned for such workloads, and only where such use remains fully compliant with applicable law, export regulations, and SCALIBIT policies.

  This prohibition applies to all non-GPU environments, including:

  • Virtual Machines (VPS, VDS),
  • Cloud Services (Cloud Servers, Dedicated Cloud Servers),
  • Cloud Compute Services (Standard Performance, High Performance, High Frequency),
  • Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized),
  • Dedicated Servers or Bare Metal (unless provisioned as AI, GPU, or Specialized Compute Hosting).

  Only Customers who have purchased designated AI, GPU & Specialized Compute Hosting environments — such as GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, or AI-Oriented Bare Metal Deployments — are permitted to run AI model training, inference workflows, generative AI pipelines, synthetic media creation, or automated content generation systems. All such usage remains subject to compliance with applicable law, export and sanctions regulations, data protection legislation, intellectual property and copyright laws (including the U.S. Digital Millennium Copyright Act (DMCA) and applicable European Union copyright laws, such as the EU Copyright Directive (DSM Directive)), applicable AI regulatory frameworks, and SCALIBIT’s Responsible AI Use Requirements.

  Customers using eligible AI, GPU & Specialized Compute Hosting Services are solely responsible for:

  • the legality, accuracy, and truthfulness of any AI-generated or synthetic content;

  • obtaining all necessary permissions, authorizations, and legal bases to host, process, or distribute such content;

  • ensuring that AI-generated outputs do not impersonate real individuals (living or deceased), mislead the public, or violate privacy, biometric, publicity, or intellectual property rights;

  • preventing misuse of AI models for prohibited activities — including harassment, extremist propaganda, unlawful surveillance, automated disinformation, malicious identity generation, or violation of export/sanctions laws.

  SCALIBIT does not monitor, validate, classify, label, verify, or moderate any AI-generated or synthetic content and assumes no liability for its creation, output, accuracy, legality, or distribution. All responsibility and legal risk associated with AI-generated or synthesized content rests solely with the Customer.

  Nothing in this section shall be construed as imposing any obligation on SCALIBIT to investigate, verify, or proactively detect AI-generated or synthetic content.

  Important Legal Clarification: The creation, hosting, or distribution of any deepfake, synthetic media, or AI-generated likeness involving a real individual — including face, voice, biometric identity, or personal attributes — is strictly prohibited unless the Customer holds valid, written, and legally verifiable consent from the individual concerned. SCALIBIT does not request, validate, review, or archive any such consent documentation, and assumes no liability for its accuracy, authenticity, or legal validity. If a credible complaint or takedown request is received regarding such content, the burden of proof regarding valid consent rests entirely and exclusively on the Customer. SCALIBIT reserves the right to suspend or terminate Services immediately upon receipt of such a complaint, without waiting for legal adjudication, court orders, or further proof of harm. All legal risk, regulatory compliance, and proof of authorization remain solely with the Customer.

  SCALIBIT is not a data controller, publisher, or moderator for any AI-generated or synthetic content processed or distributed through Customer-managed environments, except as expressly stated in Section 7. SCALIBIT does not moderate, label, certify, or validate any synthetic media or AI-assisted content, and is not responsible for any claims related to defamation, privacy infringement, intellectual property violations, impersonation, identity theft, or reputational harm. Customer agrees to indemnify SCALIBIT against any third-party claims arising from AI-generated outputs.

  Where required by law or upstream infrastructure providers, SCALIBIT may report prohibited AI-related activity to competent authorities or relevant upstream data center or network providers.

  Customers using AI, GPU & Specialized Compute Hosting Services must ensure full compliance with all applicable laws and regulatory frameworks — including, where applicable, the EU GDPR, UK GDPR, CCPA, U.S. AI Executive Order, EU AI Act, Digital Services Act, and biometric privacy laws (such as BIPA).

• 11.10 The following AI-related content and activities are strictly prohibited on SCALIBIT infrastructure, including but not limited to the examples listed below. These restrictions apply in addition to all other prohibitions and requirements set forth in this Agreement, the Acceptable Use Policy (AUP), and the AI & GPU Server Usage Policy. Nothing in this Section shall be interpreted as limiting the scope of prohibited activities under those policies.

  For the avoidance of doubt, all other prohibited activities defined elsewhere in this Agreement or in related policies remain fully applicable.

  • Deepfake generation involving real individuals without explicit legal consent — including voice cloning, face synthesis, biometric impersonation, or identity simulation;

  • Synthetic media used for fraud, election interference or influence, unlawful surveillance, phishing, harassment, misinformation operations, or behavioral profiling;

  • Mass scraping, automated data harvesting, or AI model training using copyrighted, biometric, sensitive, or otherwise regulated personal data without a valid legal basis;

  • Generation, hosting, or distribution of AI-assisted extremist, terrorist, hate-promoting, or violent propaganda — including content intended to incite, glorify, or facilitate criminal acts;

  • Hosting or facilitating AI-based systems designed to assist cyberattacks, malware automation, exploit development, large-scale password cracking, or LLM-powered social engineering campaigns.

  Any violation of this clause constitutes a material breach of this Agreement. SCALIBIT reserves the right to determine, acting in good faith and at its sole discretion, what constitutes "misinformation," "abusive scraping," or "harmful AI activity." Such violations may result in immediate infrastructure-level enforcement actions, including suspension or termination of Services without refund, traffic filtering or null-routing, and mandatory reporting to competent authorities — including law enforcement bodies, regulatory agencies, or financial intelligence units (FIUs) — pursuant to Section 37 – Legal & Law Enforcement Requests for Customer Information. SCALIBIT is not required to provide forensic evidence, internal analysis, or investigation details to the Customer prior to or following such enforcement actions.

12. HOSTING (CORE INFRASTRUCTURE)

12.1 Purpose of Services and Prohibited Use

SCALIBIT’s Services are intended for lawful and legitimate use within the technical scope, resource limits, and permitted purposes of the specific Service plan purchased by the Customer. Activities that are incompatible with the nature of a Service, exceed allocated resources, or are conducted without explicit authorization are prohibited. This includes, but is not limited to, unauthorized batch processing, excessive or abusive video transcoding, large-scale web crawling or scraping, or operating Services primarily as backup or archival storage platforms where not expressly permitted by the applicable Service description or plan.

Any form of cryptocurrency mining, blockchain validation, staking, hash-rate resale, or similar compute-intensive financial activity is strictly prohibited on all Services unless explicitly permitted in a specific product offering. Pornographic, adult, escort, or sexually explicit content, including streaming websites, is expressly prohibited across all Services. SCALIBIT shall act as the sole arbiter, exercising reasonable judgment and good faith, in determining what constitutes prohibited use or abusive activity. SCALIBIT reserves the right to take immediate action, including suspension or termination of Accounts or Services, in response to such activities.

12.2 Service Appropriateness

If SCALIBIT determines that your selected plan does not meet your technical or performance requirements, we may recommend an alternative service. SCALIBIT is under no obligation to continue providing services that are inadequate, unstable, or incompatible with your intended use. Refusal to migrate or upgrade upon notice may result in account suspension or termination.

12.3 Infrastructure Environment Changes

SCALIBIT reserves the right to modify, upgrade, replace, or relocate its infrastructure environment — including servers, virtualization platforms, network carriers, storage systems, or infrastructure resources provided through upstream data center and infrastructure providers — as necessary to maintain compliance, performance, capacity, or security. Such changes may be made:

• To comply with new or updated laws, regulations, court orders, or industry standards;

• To address security vulnerabilities, optimize performance, capacity, or ensure business continuity;

• Migration to newer or higher-performance servers or data center facilities;

• Replacement or upgrade of underlying compute resources (including CPU, RAM, SSD/NVMe storage, or network interfaces);

• Upgrades to or changes in virtualization, containerization, or cloud platform technologies;

• Integration, replacement, or transition involving upstream data center providers, network carriers, or other upstream infrastructure providers;

• Relocation or reassignment of Services to alternate or supplementary facilities for redundancy, maintenance, or regulatory compliance.

SCALIBIT may change the assignment of servers or infrastructure resources to different upstream data center providers or upstream infrastructure providers without prior notice where technically or operationally necessary, provided that equivalent or higher performance is maintained. Where feasible, commercially reasonable efforts will be made to notify affected Customers in advance.

These changes do not entitle the Customer to termination, refund, or compensation unless explicitly required under Section 33 — Termination & Cancellation Policy.

12.4 CDN and Bandwidth Policies

In regions with limited or high-cost bandwidth (e.g., the Middle East), SCALIBIT may require the use of an integrated Content Delivery Network (CDN) to improve performance and reduce origin bandwidth usage. SCALIBIT will provide reasonable assistance with CDN configuration and, where feasible, notify customers before enforcement. Failure to comply may result in bandwidth restrictions or suspension.

12.5 DDoS Protection and Mitigation

Unless explicitly included in your service plan, SCALIBIT does not guarantee protection against Distributed Denial of Service (DDoS), Denial of Service (DoS), or amplification attacks. Customers expecting or experiencing frequent attacks are responsible for implementing third-party DDoS mitigation (e.g., Cloudflare). SCALIBIT assumes no liability for downtime, data loss, or service unavailability due to such events.

12.6 Target Uptime & Service Availability

SCALIBIT endeavors, but does not guarantee, to maintain a target uptime of 99.9% for Services. This uptime target excludes, without limitation, scheduled maintenance, emergency or unplanned maintenance, infrastructure upgrades, security interventions, and any events beyond SCALIBIT’s reasonable control.

Excluded events include, but are not limited to: outages or disruptions caused by upstream data center facilities, upstream infrastructure or network carriers, routing failures, DDoS attacks or mitigation actions, hardware failures, power outages or instability in electrical grids, cooling or environmental failures, fiber cuts, third-party software or platform dependencies, regulatory or governmental actions, acts of war, terrorism, civil unrest, labor disputes, natural disasters, pandemics, or other force majeure events as defined in Section 51 (Force Majeure).

The stated uptime level represents a target performance objective and informational availability metric only and does not constitute a service guarantee, warranty, promise of uninterrupted availability, or any form of uptime commitment. The Customer expressly acknowledges and agrees that any downtime-related compensation, service credits, or remedies, if applicable, are governed exclusively by the Service Level Agreement (SLA) applicable to the specific Service. No cash refunds, chargebacks, monetary compensation, service credits, or other remedies shall apply unless explicitly and expressly stated in the applicable SLA.

Any Service Credits issued under an applicable SLA shall constitute the Customer’s sole and exclusive remedy for any Service unavailability or downtime, and in no event shall such credits exceed 100% of the monthly recurring fee for the affected Service.

Scheduled maintenance and service-affecting operations will, where reasonably practicable, be announced in advance through the Client Area. Emergency maintenance or urgent interventions may be performed without prior notice where required to protect the integrity, security, or stability of the Services.

12.7 Backups (Customer Responsibility)

Backup services are not provided, included, or guaranteed for any SCALIBIT infrastructure service categories, including (but not limited to): Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers or Bare Metal, and GPU Servers.

All backup, snapshot, redundancy, and data protection responsibilities rest solely with the Customer. Customers are strongly advised to maintain their own independent, off-network, and geographically separate backups at all times. SCALIBIT assumes no responsibility or liability for any data loss, data corruption, incomplete data, or inability to restore data, regardless of cause.

Without limitation, SCALIBIT shall not be responsible for data loss or service impact arising from hardware failures (including disk, SSD, NVMe, controller, or memory failures), RAID configuration issues, RAID rebuild processes, firmware or controller malfunctions, file system corruption, power interruptions, network disruptions, virtualization layer failures, software errors, misconfiguration by the Customer, or actions taken by upstream data center or infrastructure providers.

For the avoidance of doubt, RAID configurations, disk redundancy, or high-availability setups do not constitute backups and are not a substitute for independent backup solutions. Customers remain solely responsible for implementing and validating appropriate backup and disaster recovery strategies suitable for their use case.

For additional information regarding backup responsibilities and data retention limitations, please refer to Section 24 — Backups and Data Loss (Backup & Data Retention Policy).

12.8 Service Disruptions

SCALIBIT is not liable for service interruptions caused by circumstances beyond its control, including outages or service degradation at upstream data center providers, failures or maintenance activities affecting power, cooling, physical facilities, or network infrastructure, upstream network issues, or any scheduled or unscheduled maintenance performed by upstream data center or infrastructure providers, as well as force majeure events. Such events are excluded from uptime calculations and do not entitle customers to refunds or credits. For related limitations, see Section 39 – Limitation of Liability.

12.9 Hardware Failures and Data Loss

SCALIBIT shall not be held responsible or liable for any data loss, data corruption, service unavailability, or degradation resulting from hardware, system, or infrastructure failures. This includes, without limitation, failures or malfunctions of hard drives, SSDs, NVMe devices, RAID controllers, storage arrays, power supplies, cooling systems, network interfaces, memory modules, or other physical or virtual components.

This exclusion of liability applies regardless of cause, including but not limited to hardware aging or wear, manufacturing defects, environmental conditions, power outages or instability in electrical grids, cooling or temperature failures, fire, water damage, fiber cuts, network disruptions, actions or omissions of upstream data center facilities or network providers, scheduled or emergency maintenance, or force majeure events as described in Section 51 (Force Majeure).

While SCALIBIT utilizes enterprise-grade hardware and reasonable operational safeguards, no hardware, storage medium, or infrastructure component is immune to failure. SCALIBIT does not guarantee data integrity, availability, or recoverability under any circumstances.

Customers acknowledge and agree that they are solely responsible for implementing and maintaining appropriate backup, redundancy, and disaster recovery strategies, including off-site and independent backups. SCALIBIT shall have no obligation to restore, reconstruct, or recover lost or corrupted data, regardless of the underlying cause.

12.10 Hosting-Related Service Suspension

SCALIBIT reserves the right to temporarily suspend, restrict, or reassign any Service — without prior notice, where technically, operationally, or legally necessary — in order to protect the stability, integrity, security, or lawful operation of the infrastructure utilized to deliver the Services (including infrastructure and facilities operated by upstream data center providers and network providers hosting such Services). This authority applies to all environments leased, used, or managed by the Customer, including but not limited to Virtual Machines (VPS/VDS), Dedicated Servers or Bare Metal, Cloud Compute, and GPU/AI Hosting environments. Suspension may occur under circumstances including, but not limited to:

• Excessive or abnormal resource usage affecting server stability (CPU, RAM, disk I/O, bandwidth, or network throughput);

• Security threats, including malware infection, compromised accounts, outbound spam, unsolicited bulk email (spam), phishing, spoofing, or unauthorized access attempts;

• Hardware failure, maintenance activities performed by upstream data center providers, emergency migration, or reassignment to alternate nodes or infrastructure resources operated by upstream providers;

• Actions required by upstream data center providers, upstream infrastructure providers, or network carriers due to abuse, policy violations, or regulatory enforcement.

• Failure to respond to, acknowledge, or adequately remediate issues identified in copyright infringement notices, DMCA takedown notices, intellectual property violation claims, or similar lawful abuse or rights-holder notifications within the timeframe specified by SCALIBIT or applicable law;

• Actions required to comply with lawful orders, injunctions, preservation requests, regulatory directives, or enforcement measures issued by courts, law enforcement agencies, regulatory authorities, or other competent governmental bodies, including measures necessary to maintain safe harbor protections or comply with upstream provider obligations;

For the avoidance of doubt, SCALIBIT does not monitor, control, review, or assess Customer content and any suspension, restriction, or termination action taken in response to legal notices or governmental requests is strictly procedural and compliance-driven, without any determination as to the legality, accuracy, or merits of the underlying claim.

Where feasible, commercially reasonable efforts will be made to notify affected Customers before or after such suspension (provided that such notification is not prohibited by law, court order, regulatory directive, or instructions from competent governmental or law enforcement authorities). Suspension due to abuse, instability, or security violations does not entitle the Customer to any refund, credit, or compensation unless explicitly required under Section 33 — Termination & Cancellation Policy.

12.11 Jurisdiction & Location-Dependent Infrastructure Characteristics

Certain Service locations offered by SCALIBIT may operate under legal frameworks, regulatory practices, enforcement standards, and network policies that differ from those of the United States, the European Union, or the Customer’s country of residence.

Selection of a particular location — including offshore, privacy-oriented, or limited-enforcement jurisdictions — does not provide anonymity, legal immunity, protection from complaints, or exemption from lawful orders, upstream provider policies, routing restrictions, filtering measures, or regulatory intervention.

SCALIBIT provides infrastructure services only and does not guarantee non-enforcement, complaint resistance, uninterrupted routing behavior, or jurisdiction-specific protections. Service availability, latency, routing stability, filtering, accessibility, or reachability may depend on upstream carriers, data center operators, and local regulatory conditions beyond SCALIBIT’s control.

SCALIBIT may impose technical restrictions, require verification, suspend, or refuse Services when required by upstream providers, network stability considerations, abuse reports, or applicable legal processes, regardless of the geographic location selected by the Customer.

By ordering or using Services in such locations, the Customer acknowledges these characteristics and assumes all operational and legal risks associated with jurisdiction-dependent infrastructure environments.

Nothing in the selection of a Service location shall be interpreted as a guarantee that information requests, disclosure obligations, or enforcement actions will not occur. SCALIBIT does not represent any Service as “law-enforcement proof”, anonymous, or exempt from legal process.

SCALIBIT responds only to legally valid requests submitted through appropriate jurisdictional channels. Requests from foreign authorities may require mutual legal assistance procedures (MLAT) or equivalent international legal process through the competent authorities of the jurisdiction in which the infrastructure or upstream provider operates.

Where disclosure is legally required under applicable law, court order, or binding request from a competent authority with proper jurisdiction, SCALIBIT may comply or be required to facilitate compliance through upstream infrastructure providers. The geographic location of a Service does not eliminate the possibility of lawful disclosure obligations.

13. IP ADDRESSES

13.1 General Scope

Scope: This Section applies to all SCALIBIT Services, including but not limited to: Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

Nothing in this Section obligates SCALIBIT to provide a dedicated IP address. Dedicated IPs, where offered, are subject to eligibility verification, RIR justification, and applicable fees. SCALIBIT reserves the right to deny dedicated IP assignments if justification requirements are not met.

Each Virtual Machines plan — including VPS and VDS — and each Cloud Services plan (including Cloud Servers and Dedicated Cloud Servers) may include one (1) usable IPv4 address at no additional cost, where available. Similarly, each Cloud Compute Services plan (Standard Performance, High Performance, High Frequency) and each Optimized Cloud Compute Services plan (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized) may include one (1) usable IPv4 address free of charge, subject to availability and regional network policies.

For Dedicated Servers (Dedicated Servers or Bare Metal), customers are provided with either one (1) or five (5) usable IPv4 addresses (a /29 subnet), depending on the data center location and specific plan. In certain locations where SCALIBIT offers Dedicated Servers (Dedicated Servers or Bare Metal) services, the number of included IPv4 addresses may vary between one (1) and five (5); such details are clearly specified in each server plan description on SCALIBIT’s website.

IPv4 addresses assigned to Services or servers leased, used, or managed by a Customer are allocated exclusively to that Customer at the IP assignment level for the duration of the active Service term and are not concurrently assigned or shared with multiple Customers. SCALIBIT does not control or monitor how an assigned IP address is utilized within the Customer’s own systems, applications, virtual machines, containers, dedicated servers or bare metal systems, GPU or specialized compute servers, or internal user environments.

IPv4 Allocation Limits: The number of IPv4 addresses that may be assigned to a service depends on the specific data center location, network infrastructure, and plan type. Some Dedicated Server and Cloud configurations may include a single IPv4 address by default and allow up to five (5) additional addresses upon justification, while certain enterprise-grade or region-specific environments may support larger allocations (for example, up to a /24 subnet), subject to technical feasibility, RIR policy compliance, SCALIBIT’s IP Address Services Policy, and payment of applicable fees. All such allocations are evaluated on a case-by-case basis and are not guaranteed.

Details regarding the number of default included IPv4 addresses and the maximum additional allocation available for each configuration are clearly displayed on the corresponding server plan pages within each data center location on the official SCALIBIT website.

For AI, GPU & Specialized Compute Hosting plans, the number of included IPv4 addresses depends on the deployment type: Single GPU Cloud Instances (virtualized GPU VPS/VDS) include one (1) usable IPv4 address, while Dedicated GPU Servers and Multi-GPU AI Training Clusters (NVLink, MI300, H100, HPC Nodes) may include up to five (5) usable IPv4 addresses (a /29 subnet), depending on the data center location and specific plan. Additional IPv4 allocations, subnets (/28, /27), or dedicated IP blocks are available for purchase upon request.

Larger IPv4 assignments may require additional documentation or business justification in accordance with Regional Internet Registry (RIR) policies (RIPE NCC, ARIN, APNIC, AFRINIC, or LACNIC) and SCALIBIT’s internal IP Address Services Policy.

Ownership & Administrative Control: All IPv4 and IPv6 address space assigned, routed, or announced for customer use through SCALIBIT Services remains under the administrative control of SCALIBIT or the respective upstream data center providers and network infrastructure providers from which the addresses originate. Such addresses are provided solely as temporary, non-transferable usage rights for the duration of the active service term and do not represent ownership by the Customer. Upon suspension, expiration, or termination of the related service, all assigned IP addresses immediately revert to the administrative control of SCALIBIT or the applicable upstream data center provider or network infrastructure provider from which the addresses originate, depending on the source of allocation. All allocations are governed by SCALIBIT’s IP Address Services Policy and applicable Regional Internet Registry (RIR) policies.

IP addresses are provided on an “as-is” basis. SCALIBIT does not warrant or guarantee that any assigned IP address will remain free from listings on third-party blacklists, reputation databases, or filtering systems operated by external entities.

If an IP address becomes blacklisted during the service term due to Customer activity, SCALIBIT is under no obligation to replace it. Any request for IP replacement or "clean IP" assignment after the initial provisioning is subject to additional setup fees and SCALIBIT’s approval.

Reverse DNS (rDNS) Support: Reverse DNS functionality is available for all infrastructure-based services — including Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments). PTR record updates may be requested through the Support Ticket system and are subject to verification and compliance with SCALIBIT’s rDNS naming policy.

Customers ordering multiple IP addresses must utilize at least eighty percent (80%) of their assigned IP addresses within thirty (30) days of allocation and maintain such utilization thereafter. Under-utilized addresses may be reclaimed without refund to ensure compliance with RIR allocation policies and SCALIBIT’s IP Address Services Policy.

SCALIBIT reserves the right to modify, replace, or withdraw IP address assignments for operational, compliance, or network management reasons — including but not limited to migrations involving upstream data center providers, changes to upstream infrastructure or network providers, or abuse mitigation. Customers are responsible for updating all dependent configurations, including DNS records, reverse DNS (rDNS) entries, SSL bindings, and firewall rules. Temporary unavailability or DNS propagation delays shall not entitle customers to credits or refunds.

In cases where IP reassignment occurs, SCALIBIT will make reasonable efforts to provide advance notice to minimize disruption.

All activities originating from assigned IP addresses — whether associated with Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), or AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments) — are the sole responsibility of the customer. This responsibility extends to all actions performed by your employees, agents, resellers, contractors, clients, sub-clients, or any third parties utilizing your systems or IP space.

Customers must implement and maintain appropriate security measures, access controls, firewall rules, abuse-prevention systems, and continuous monitoring to prevent misuse of their assigned IP addresses. Such misuse includes, but is not limited to: spamming, phishing, malware distribution, brute-force or denial-of-service (DoS/DDoS) attacks, port scanning, botnet command and control, unauthorized intrusion attempts, proxy/VPN tunneling, anonymization services, identity theft, payment fraud, or operating illegal marketplaces, as defined in the Acceptable Use Policy.

Legal Disclosure: SCALIBIT may disclose customer identification data, service allocation records, or administrative IP assignment logs related to IP addresses provisioned either directly by SCALIBIT or indirectly through upstream data center providers or network infrastructure providers used by SCALIBIT, solely in response to lawful, valid, and legally binding requests issued by competent authorities, and strictly as required by applicable law.

SCALIBIT does not collect, retain, or have access to any network-level traffic logs, packet data, or connection traces. Such network-layer information — where retained at all — is managed exclusively by upstream data center providers or network infrastructure providers responsible for the underlying infrastructure in which the servers are physically hosted, and is not accessible to SCALIBIT.

SCALIBIT does not operate flow monitoring, NetFlow, sFlow, IPFIX, deep packet inspection (DPI), or any similar traffic analysis systems on any IP addresses allocated, routed, or used in connection with Customer-used Services or servers.

Any disclosures made by SCALIBIT are strictly limited to the minimum administrative data necessary to comply with valid and legally binding requests.

Where disclosure is subject to legal restrictions, confidentiality obligations, or instructions from competent authorities, SCALIBIT may be legally prohibited from notifying the Customer of such disclosure.

13.1.1 IPv6 Availability & Allocation

IPv6 support is available for certain SCALIBIT Services, depending on the data center location, network infrastructure, and regional availability. Where available, IPv6 addressing may be assigned as dedicated IPv6 addresses or subnet-based allocations, subject to technical feasibility and applicable fees.

IPv6 availability is not guaranteed across all regions or service types and may depend on whether the network infrastructure operated by the upstream data center provider where the server is physically located supports native IPv6 routing.

For Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), and Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Customers may request dedicated or subnet-based IPv6 assignments for an additional fee, subject to availability. In most cases, such IPv6 allocations consist of /64 or /56 subnets, depending on SCALIBIT policy, routing support, and RIR compliance.

For Dedicated Servers or Bare Metal, and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments), IPv6 availability is determined based on the technical capabilities of the network infrastructure provided by the upstream data center providers where the servers are physically located.

Depending on the region and the upstream provider environment, IPv6 may be offered natively (such as a single /64 or routed /56 subnet), or it may be available only as an optional, fee-based add-on. In certain locations, IPv6 may not be available at all.

All such availability details — including pricing and subnet specifications — are clearly indicated on the relevant server plan pages. SCALIBIT does not guarantee that IPv6 will be available in all dedicated server locations.

IPv6 Assignment Exclusivity: IPv6 addresses or subnets assigned to Services or servers leased, used, or managed by a Customer are allocated exclusively to that Customer at the IPv6 assignment level for the duration of the active Service term and are not concurrently assigned or shared with multiple Customers. SCALIBIT does not control or monitor how assigned IPv6 addresses are utilized within the Customer’s own systems, applications, virtual machines, containers, dedicated servers or bare metal systems, GPU or specialized compute servers, or internal user environments.

All IPv6 assignments are subject to the same usage rights, ownership restrictions, security responsibilities, RIR compliance, abuse-prevention requirements, and revocation policies described in Sections 13.1 and 13.2 of this Agreement. Misuse of IPv6— including but not limited to spamming, malicious tunneling, anonymization services, or non-compliance with RIR policy — may result in suspension, null-routing, or withdrawal without refund.

13.2 IP Address Allocation, Usage, and Responsibility

All IP addresses assigned to customers under SCALIBIT Services are allocated and managed either directly by SCALIBIT, by the upstream data center provider or network infrastructure provider where the related service is hosted, or through an external IP leasing or routing provider. IP addresses are provided in connection with a leased or colocated dedicated server or other SCALIBIT Service, in accordance with the applicable upstream provider’s allocation policies. Such addresses remain under the administrative control of SCALIBIT or the originating provider and represent temporary, non-transferable usage rights granted solely for the duration of the active service term.

This allocation structure applies regardless of whether SCALIBIT provides services through infrastructure directly operated by SCALIBIT, through rented or colocated hardware, or in collaboration with upstream data center providers or network infrastructure providers in various global regions. In all cases, the Customer’s use of the assigned IP addresses is governed by the same legal and technical responsibilities described in this Section. SCALIBIT assumes no liability for any misuse, abuse, or unlawful activity originating from the Customer’s assigned IP space.

This framework ensures operational consistency across all network regions, whether IP addresses are directly allocated by SCALIBIT, supplied by an upstream data center provider or network infrastructure provider, or leased from an external IP address provider.

Customers must utilize at least eighty percent (80%) of any multiple IPv4 allocations within thirty (30) days of issuance and maintain such utilization in compliance with applicable Regional Internet Registry (RIR) justification and utilization requirements. Under-utilized, abused, or unjustified allocations may be reclaimed without refund to maintain policy compliance and network efficiency.

Using SCALIBIT’s Services, servers, or IP addresses to facilitate, conceal, or otherwise enable illegal or fraudulent activity — including but not limited to identity theft, payment fraud, carding, phishing campaigns, or cyberattacks — is strictly prohibited. Provisioning, operating, or providing VPN, proxy, TOR-exit, anonymization, or any other intermediate-relay services that conceal identity for illegal, abusive, or fraudulent purposes is expressly prohibited.

Violations may result in immediate account suspension, IP revocation, or permanent termination without refund, and may be reported to competent authorities or upstream network providers. SCALIBIT also reserves the right to pursue any contractual or legal remedies available, including recovery of remediation costs, delisting fees, and reputation restoration expenses.

Reverse DNS (rDNS) and PTR record updates are available for infrastructure-based SCALIBIT Services with dedicated IP allocations, including Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments). PTR record updates are subject to SCALIBIT’s rDNS naming and verification policies.

SCALIBIT may modify, replace, or withdraw IP address assignments for operational, compliance, or abuse-mitigation reasons — including migrations involving upstream data center providers, transitions between upstream infrastructure or network providers, or network reallocation events. Customers are responsible for updating DNS, SSL, or firewall configurations accordingly, and SCALIBIT shall not be liable for any temporary unavailability, propagation delays, or routing changes caused by such modifications.

In cases involving law enforcement or regulatory inquiries, SCALIBIT may disclose customer identification data, service allocation records, or administrative IP assignment logs solely to the extent required by applicable law and only where such information is held directly by SCALIBIT.

SCALIBIT does not collect, retain, monitor, or have access to any network-level traffic logs, packet data, content data, or connection trace information. Such network-layer records — if retained at all — are controlled exclusively by the upstream data center providers or network infrastructure providers responsible for the underlying infrastructure in which the servers are physically located, and are not accessible to SCALIBIT.

Any disclosures made by SCALIBIT are strictly limited to the minimum administrative data necessary to satisfy valid and lawful requests, in accordance with applicable privacy, data protection, and judicial cooperation laws.

Technical Blacklist Remediation Fees. Where technical investigation, mitigation, or coordination with upstream providers or reputation services is required, the Customer shall be billed for engineering time at a rate of USD 250.00 per hour, with a minimum charge of one (1) hour per incident.

SCALIBIT reserves the right to withhold remaining service balances to cover such costs where permitted by law.

For cases where the Customer’s own IP address space is announced via SCALIBIT’s network (BGP/AS), the terms, obligations, and responsibilities defined in Section 13.3 – Customer-Provided IP Announcements and Leasing shall apply in full.

13.3 Customer-Provided IP Announcements and Leasing

13.3.1 Customer-Owned IP Announcements

SCALIBIT may, at its discretion, announce Customer-owned IPv4 or IPv6 address space via its Autonomous System (AS) or through the AS of a third-party upstream data center provider or network infrastructure provider, provided that valid proof of ownership or a Letter of Authorization (LOA) is submitted by the Customer. Such announcements are performed solely as a technical facilitation service and do not grant SCALIBIT any ownership, monitoring capability, or administrative control over the Customer’s IP space.

The Customer remains fully responsible for all traffic, routing behavior, and activities associated with their IP address space, including compliance with applicable laws, Regional Internet Registry (RIR) policies, and SCALIBIT’s abuse-handling procedures. SCALIBIT acts solely as a technical intermediary for BGP routing and does not monitor, inspect, filter, or retain any traffic data, packet contents, or network-level logs related to Customer-owned IP space. Any unlawful use — including but not limited to spamming, phishing, cyberattacks, or other illegal activity — is solely the responsibility of the Customer and/or the IP space owner.

SCALIBIT reserves the right to suspend or withdraw any route announcement without prior notice in the event of blacklisting, abuse incidents, or regulatory violations. SCALIBIT accepts no liability for any civil, administrative, or criminal consequences arising from Customer-owned IP space announced via its network or through third-party upstream data center providers or network infrastructure providers. Upon termination or expiration of the Service, SCALIBIT will withdraw any such route announcements, and the Customer shall ensure removal of all related advertisements, route objects, or DNS records.

In cases involving lawful requests, SCALIBIT may provide administrative records — such as IP assignment history, LOA records, or Customer identification details — strictly to the extent required by applicable law. SCALIBIT does not collect, retain, or have access to any network-level traffic logs, routing telemetry, packet data, or connection traces related to Customer-owned IP space. Any network-layer records, where retained at all, are exclusively managed by upstream data center providers or network infrastructure providers responsible for the underlying network environment in which the servers to which the IP addresses are assigned and used are physically located.

Route Stability: The Customer is strictly prohibited from performing any BGP activity that causes network instability, "route flapping," or "IP hijacking." In the event that Customer’s BGP announcements cause disruption to SCALIBIT’s infrastructure or upstream providers, SCALIBIT may immediately terminate the BGP session and the related Service without refund and may hold the Customer liable for all resulting damages.

13.3.2 SCALIBIT-Owned IP Leasing and External Announcements

SCALIBIT may lease or assign its own IPv4 or IPv6 address space (in full or in part, such as /29–/24 subnets) to Customers for temporary use, either within SCALIBIT’s infrastructure or externally through the Customer’s chosen data center or network provider. In such cases, the Customer must provide valid justification and ensure that any external announcement is performed only through authorized and verifiable BGP sessions using a valid Letter of Authorization (LOA) issued by SCALIBIT.

All traffic, routing behavior, and activities originating from such leased IP space are the sole responsibility of the Customer. SCALIBIT does not monitor, inspect, filter, or retain any network-level traffic logs, packet data, or routing telemetry associated with externally announced IP space. The Customer agrees that all use of SCALIBIT-owned IP addresses must comply with applicable local and international laws, Regional Internet Registry (RIR) policies, and SCALIBIT’s Acceptable Use Policy.

A written IP Lease Agreement must be executed before any external announcement or off-network usage is permitted. In cases of abuse, blacklisting, policy violations, or requests validated under applicable law, SCALIBIT reserves the right to suspend, null-route, or permanently revoke the leased IP space without refund. Any disclosures made by SCALIBIT are strictly limited to administrative allocation records and Customer identification data, in accordance with legal requirements.

Upon expiration or termination of the IP Lease, the Customer must immediately cease all use of the IP space, withdraw any BGP advertisements, and remove all associated route objects, DNS, or SOA records. Failure to comply may result in permanent blacklisting, reputational recovery costs, or enforcement actions, for which the Customer remains solely responsible.

14. ADDITIONAL RULES FOR CLOUD SERVICES AND DEDICATED SERVERS

This Section applies to all Cloud and Dedicated Infrastructure Services, including but not limited to: Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

Customers remain solely responsible for all activity within their assigned IP space and in all environments deployed under Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting, including any actions performed by employees, contractors, resellers, or end users. Use of the infrastructure utilized to deliver the Services is permitted only for lawful, ethical, and legitimate purposes, in full compliance with all applicable laws, regulations, and SCALIBIT policies. The following activities are strictly prohibited and constitute a material breach of this Agreement. This list is illustrative and not exhaustive; prohibited uses include, but are not limited to:

• Prohibited Identity Obfuscation and Anonymization. The use of SCALIBIT’s Services, servers, or any IP addresses assigned to you for the purpose of hiding or masking your real identity, originating IP address, or location — or for facilitating any illegal, abusive, or fraudulent activities — is strictly prohibited. This includes, without limitation, the operation of VPNs, proxies, anonymization systems, Tor exit nodes, or similar technologies intended to conceal identity, obscure traffic sources, or enable unlawful actions. Any such use constitutes a material breach of this Agreement and may result in suspension or termination of Services and disclosure to competent authorities.

• Spam and Unsolicited Communications. Sending, facilitating, or supporting spam, phishing, bulk unsolicited commercial email (UCE/UBE), or operating open-relay, bulk-mail, or mail-bombing systems in violation of SCALIBIT’s Anti-Spam Policy or applicable law is strictly prohibited.

• Email Server Operation and Messaging Responsibility. Where the Customer installs, configures, or operates any mail transfer agent (MTA), mail server software, bulk-mail system, newsletter platform, or messaging application on Services or servers leased, used, or managed by the Customer, the Customer is solely responsible for the secure configuration, authentication controls, abuse prevention, rate limiting, and lawful operation of such systems.

  Any email, message, or communication transmitted from an IP address assigned to the Customer — including SMTP traffic, outbound mail, transactional mail, or automated messaging — shall be deemed the sole responsibility of the Customer. This includes, without limitation, spam, phishing attempts, spoofed messages, fraudulent communications, impersonation-based emails, malware distribution via email, and any violation of anti-spam, anti-phishing, or electronic communications laws.

  The Customer is responsible for maintaining proper DNS and authentication records (including SPF, DKIM, and DMARC), preventing open-relay configurations, securing mail accounts against compromise, and implementing reasonable abuse monitoring mechanisms. Failure to properly secure mail services may result in suspension, null-routing, or termination without prior notice.

  SCALIBIT does not monitor, filter, review, or manage the content of Customer-generated email traffic and assumes no responsibility for blacklist listings, reputation damage, delivery failures, regulatory penalties, or third-party claims arising from the Customer’s email activities.

  The Customer acknowledges and agrees that SCALIBIT shall not be liable for any loss, damage, financial harm, reputational injury, regulatory penalty, or third-party claim arising from or related to any email, message, or communication transmitted from the Customer’s assigned IP addresses or Services — including cases where a recipient relies upon, acts upon, or suffers harm as a result of such communication. All such responsibility rests solely with the Customer.

• Hacking and Unauthorized Intrusion Attempts. Conducting, facilitating, or enabling hacking, vulnerability exploitation, network scanning, brute-force attempts, denial-of-service (DoS/DDoS) operations, or penetration testing of any system or network without authorization is strictly prohibited.

• Prohibited VPN, Proxy, and Relay Services. Provisioning or operating VPNs, proxy networks, or anonymization services that conceal identity or location for illegal, abusive, or fraudulent purposes is strictly forbidden. Legitimate VPN or secure-tunnel applications may be permitted only with explicit written approval from SCALIBIT and under strict compliance with applicable law.

• Unidentified Tunneling: Any unauthorized proxy, VPN, or tunneling protocol detected without prior written consent will be deemed a security risk and may result in immediate suspension. SCALIBIT is the sole arbiter in determining whether a proxy or VPN application is "legitimate" or "abusive."

  Any unauthorized proxy, VPN, tunneling, or anonymization mechanism detected without prior written approval will be deemed abusive and may result in immediate suspension.

• Gambling and Adult Content. Hosting, distributing, or facilitating gambling, betting, lottery, pornographic, or adult-oriented content — including explicit media, cam sites, adult streaming platforms, or similar services — is strictly prohibited under all circumstances. Such content is not permitted on SCALIBIT Services, regardless of licensing status, claimed legality in any jurisdiction, or regulatory authorization.

• Malware, Botnets, and Exploit Distribution. Hosting, distributing, or controlling malware, botnets, ransomware, phishing pages, or any malicious software or infrastructure designed to compromise or harm others is strictly prohibited.

• Spoofing and Identity Misrepresentation. Engaging in header forgery, spoofing, impersonation, or any deceptive activity designed to obscure the source of traffic or impersonate third parties is prohibited.

• Illegal Goods and Contraband. Hosting or facilitating the sale or distribution of illegal drugs, weapons, counterfeit goods, or other restricted or controlled substances is strictly prohibited.

• Copyright and Intellectual Property Violations. Engaging in copyright infringement, unauthorized distribution of intellectual property, software cracking, warez, key generators, or any other form of piracy — including DMCA-infringing materials, torrents, or warez content — is forbidden.

• Fraud and Financial Crime. Using SCALIBIT Services, servers, or IP addresses to facilitate or enable illegal or fraudulent activity — including but not limited to identity theft, payment fraud, carding, operating illegal marketplaces, or processing proceeds of unlawful activity — is strictly prohibited.

• Cryptocurrency Mining and Blockchain Abuse. Any form of cryptocurrency mining, blockchain validation, hash-rate resale, GPU/CPU crypto-compute, staking node hosting, or similar crypto-related computation is strictly prohibited on all SCALIBIT services — including but not limited to Virtual Machines, Cloud Services, Cloud Compute, Optimized Cloud Compute, Dedicated Servers or Bare Metal and AI, GPU & Specialized Compute Hosting environments. Such activity is not eligible for review, approval, or provisioning under any circumstance.

This restriction applies to all forms of cryptocurrency or blockchain-related computation — including but not limited to solo mining, pooled mining, cloud mining, GPU/CPU crypto-compute, blockchain validation, staking node hosting, hash-rate resale, mining pool operation, blockchain node clusters, smart contract execution for validation purposes, or the use of any mechanism designed to utilize CPU, GPU, or disk resources for cryptocurrency or blockchain-related processing. Such activities are strictly prohibited across all SCALIBIT Services — including AI, GPU & Specialized Compute Hosting environments — and are not eligible for review, approval, or provisioning under any circumstance.

Damage Recovery for Mining: In addition to termination, any Customer found engaged in unauthorized crypto-mining or blockchain validation may be liable for a hardware depreciation or excessive wear fee, up to fifty percent (50%) of the applicable monthly service cost per incident, as reasonably determined by SCALIBIT, to cover abnormal wear and resource degradation.

Any customer found engaging in or facilitating such activity may have their service immediately suspended or terminated without prior notice. SCALIBIT further reserves the right to null-route IPs, permanently revoke resource allocations, close accounts, or report such activities to competent authorities or upstream providers, where required under applicable AML, sanctions, export control, or financial crime regulations.

• Export Control and Sanctions Violations. Using SCALIBIT infrastructure to circumvent export control laws or international sanctions — including trade with sanctioned individuals, entities, or countries (e.g., OFAC, EU, UN, or similar restrictions) — is strictly prohibited.

• Illegal Content and Terrorism-Related Material. Hosting, distributing, or transmitting content that is illegal under applicable law — including child sexual abuse material (CSAM), hate speech, terrorism-related content, or materials promoting or glorifying violence or criminal acts — is strictly prohibited.

• Excessive Resource Utilization and Unauthorized Infrastructure Use. Operating high-volume data storage, file hosting, or backup services that cause excessive strain on disk I/O, network capacity, or shared infrastructure is prohibited. This includes, but is not limited to, using SCALIBIT infrastructure as file repositories, content delivery networks (CDNs), or for performing benchmark, stress, or load testing on SCALIBIT’s network or systems without express prior written consent.

• Abnormal Power Consumption and Hardware Stress. Any activity conducted on Services or servers leased, used, or managed by the Customer that results in abnormally high power consumption, sustained thermal load, or excessive hardware stress beyond what is reasonably expected for the applicable Service configuration is strictly prohibited. This includes, but is not limited to, unauthorized high-intensity compute workloads, hidden mining-like processes, misuse of CPU, GPU, FPGA, or storage subsystems, or any activity that materially increases electrical draw, cooling requirements, or hardware wear without SCALIBIT’s prior written authorization.

Infrastructure Protection: If Your resource utilization (disk I/O, CPU, or network) exceeds the baseline of Your plan and threatens the stability of the host node or network, SCALIBIT may apply "Rate Limiting" or "Throttling" without prior notice.

All prohibitions listed above apply to any activity conducted through or facilitated by SCALIBIT’s infrastructure, servers, or assigned IP space (including Virtual Machines (VMs), Cloud Environments, Dedicated Servers or Bare Metal and AI, GPU & Specialized Compute Hosting), regardless of service type or configuration.

Violation of any of the above prohibitions constitutes a material breach of this Agreement. SCALIBIT reserves the right to investigate any suspected violation and take appropriate action, including but not limited to immediate rate-limiting, null-routing, IP filtering, suspension, or termination of the offending service without prior notice, where necessary to protect the network, other customers, or to comply with legal obligations (see Sections 30, 31.10.1, and 33).

Customers must comply at all times with SCALIBIT’s Acceptable Use Policy (AUP) and Anti-Spam Policy, which define detailed requirements for permitted and prohibited behavior. SCALIBIT may report unlawful activities to competent authorities and will cooperate with law enforcement agencies as required by law.

Customers must maintain proper DNS and reverse DNS (rDNS) configuration, valid WHOIS data, and reasonable email hygiene (SPF, DKIM, DMARC). Customers are responsible for the reputation of their assigned IP space, and any blacklist removal or remediation costs may be billed to the customer as specified in Section 29 (Abuse and Enforcement).

You may use SCALIBIT Services and the IP addresses provided through these Services solely for lawful purposes. Any unlawful use is strictly prohibited. You are fully responsible for all activities carried out through your assigned services and IP addresses. In the event of any criminal investigation or legal process, SCALIBIT reserves the right to cooperate fully with law enforcement and competent authorities as required by applicable law.

Preservation of Evidence: Upon termination for any prohibited activity listed in Section 14, SCALIBIT is under no obligation to provide the Customer with a backup of their data or access to the server to retrieve content. All data may be permanently deleted or preserved for law enforcement as required by law.

Service Deletion and Infrastructure Recycling: Upon the cancellation or termination of any Service (whether by the Customer or SCALIBIT), the assigned infrastructure — including Virtual Machines, Dedicated Servers, or GPU Nodes — is immediately reclaimed and formatted. This process permanently and irreversibly deletes all contents, files, databases, and AI models stored within that specific Service. While SCALIBIT retains administrative Customer Information (such as name, email, and billing history) as required by law, it does not retain, archive, or back up any content from the terminated Service itself. SCALIBIT shall not be held liable for the unavailability of Service Content if a legal request is received after the infrastructure has been recycled in the normal course of business.

15. INFRASTRUCTURE SERVICES: CUSTOMER CONTROL & RESPONSIBILITIES

15.1 General Conditions

For all SCALIBIT infrastructure services — including Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting — SCALIBIT acts solely as an infrastructure provider. The Customer retains full administrative and technical control over the operating system, software, and all hosted data.

No Administrative Oversight: Because the Customer has exclusive "Root" or "Administrator" access, SCALIBIT does not monitor, inspect, or access the content, applications, or real-time activities within the Customer's environment. In the event of a legal inquiry, SCALIBIT’s cooperation is strictly limited to administrative allocation and identification data, as SCALIBIT does not possess and does not retain server access credentials, including but not limited to root or administrator passwords, SSH keys, SSH access ports, RDP usernames or passwords, encryption passphrases, or any other authentication materials required to access Customer systems.

This Section also applies to all Customer-Controlled GPU environments and AI, Specialized Compute, or high-performance workload deployments, including but not limited to infrastructure provisioned under AI, GPU & Specialized Compute Hosting.

These Services and servers are fully controlled by the Customer. SCALIBIT does not access, oversee, inspect, or interfere with any Customer environment, processes, or hosted content. SCALIBIT’s role is strictly limited to providing the underlying infrastructure. SCALIBIT does not provide managed services, application-level support, website debugging, or data management.

No Access to Customer Content: SCALIBIT does not access, monitor, review, or manage Customer Data, hosted files, databases, applications, or software content. Customers are exclusively responsible for all system maintenance, security patches, and application integrity. SCALIBIT shall not be liable for any data loss, security breaches, or software malfunctions, even if technical assistance has been provided for infrastructure-related issues.

Strictly Limited Infrastructure Support: Where the Customer explicitly requests and authorizes technical assistance, such support is limited strictly to infrastructure-level troubleshooting, such as resolving network connectivity errors, IP/Subnet misconfigurations, or basic operating system boot/routing issues. If the Customer voluntarily provides temporary access credentials for such purposes, SCALIBIT’s access is limited to the technical configuration layer required to restore service connectivity. SCALIBIT does not inspect, review, or interact with any Customer-hosted data or software during this process. The Customer must revoke or change all credentials immediately upon resolution. SCALIBIT’s temporary access for infrastructure support does not constitute "monitoring" or "management" of the Customer’s environment or content.

Infrastructure Support Isolation: SCALIBIT’s temporary access for infrastructure-level troubleshooting is strictly limited to the specific system parameters required to restore network connectivity. Under no circumstances does this assistance involve the review, auditing, or monitoring of Customer files, databases, or activity. SCALIBIT’s technical personnel are not trained or authorized to perform content-level inspections and do not have "general awareness" of the Customer’s hosted activities during such support sessions.

You may use SCALIBIT Services and assigned IP addresses solely for lawful purposes. The Customer is fully responsible for all activities conducted through Services or servers leased, used, or managed by the Customer and any assigned IP addresses. SCALIBIT will cooperate with competent authorities or its upstream data center providers and infrastructure providers housing the Services/servers and through which the IP addresses assigned to these Services/servers are announced are physically situated, solely to the extent required by applicable law and limited to administrative identification and allocation data under its control.

Without limitation to the foregoing, where the Customer deploys or operates email, messaging, or communication services on any Services or servers leased, used, or managed by the Customer, all such communications are deemed to be exclusively controlled by the Customer. SCALIBIT does not act as an email service provider, message intermediary, or communications platform and does not exercise editorial control over any transmitted content. Responsibility for configuration, security, lawful transmission, and resulting third-party effects rests solely with the Customer, as further detailed in Section 14.

15.2 Server Access & Security Recommendations

For all Customer-Controlled Infrastructure — including Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting — leased, used, or managed by the Customer, the Customer is solely responsible for securing, maintaining, and monitoring their own system credentials, access controls, and administrative users.

To help protect Services and servers leased, used, or managed by the Customer, SCALIBIT provides the following best-practice recommendations. These recommendations are offered solely as general security guidance and do not constitute managed service, security monitoring, or administrative obligations. The Customer retains full responsibility for implementing, verifying, and maintaining all security controls on their servers and environments.

• Change the default root or administrator password immediately upon first access to the server.

• Modify the default SSH access port (commonly 22) to a non-standard port to reduce automated attack attempts.

• Use SSH key-based authentication instead of password-based access wherever possible.

• Implement firewall rules (CSF, UFW, or equivalent) and restrict administrative access to trusted IP addresses only.

• Never share server access credentials, private keys, or authentication materials with any third party, including SCALIBIT personnel.

• Regularly install operating system and application security updates and patches on all servers.

• If operating any mail server, MTA, SMTP service, or messaging platform on Services or servers leased, used, or managed by the Customer, implement proper authentication controls (strong passwords, multi-factor authentication where available), disable open-relay configurations, enforce rate limiting, and regularly audit all created mail accounts. The Customer is solely responsible for the security, configuration integrity, and credential management of all email accounts, mailboxes, and messaging services deployed within their infrastructure.

Important Security Notice: SCALIBIT does not store, retain, or have access to customer passwords, SSH keys, or private administrative credentials after initial deployment. The confidentiality, management, and ongoing protection of all credentials rest entirely with the Customer. Any configuration changes made by the Customer — including SSH, password, or key-based authentication — are performed at the Customer’s sole discretion and risk.

If technical assistance requires system access, Customers must create a temporary user account with its own password and SSH port, and provide those credentials securely through the official Support Ticket system. Once the issue is resolved, the Customer must immediately revoke or delete the temporary account and update all associated access credentials. SCALIBIT will notify the Customer upon completion of any such support session.

Following these best-practice guidelines — such as using strong passwords, SSH key authentication, and customized ports — can enhance the security and stability of your server environment; however, implementation and ongoing maintenance remain the sole responsibility of the Customer.

Server Access Credential Recovery & Loss: Since SCALIBIT does not store, retain, or have access to server access credentials — including but not limited to root or administrator passwords, SSH keys, SSH access ports, RDP usernames or passwords, encryption passphrases, or other authentication materials — recovery of such credentials may not be possible if they are lost, compromised, or deleted. In such cases, restoring access may require reinitialization or reinstallation of the operating system. SCALIBIT shall not be responsible for any data loss, service interruption, downtime, or the need to reinstall or reformat any Service resulting from the Customer’s loss of access to their server credentials. Any request for assistance that requires manual infrastructure intervention (such as service reinitialization or operating system reinstallation) may be subject to applicable service or setup fees.

15.3 Backup Responsibility

SCALIBIT does not perform or maintain backups for any of the following services: Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

All data protection, backup creation, verification, and restoration are solely the Customer’s responsibility. Customers are strongly encouraged to maintain off-site or third-party backups to ensure continuity in case of data loss or system failure. SCALIBIT shall not be held liable for any data loss, corruption, or unavailability resulting from the Customer’s failure to maintain independent backups or from any configuration errors, hardware failures, or software issues within the Customer’s environment.

For additional details on backup retention, recovery limitations, and related liability disclaimers, please refer to Section 24 – Backups and Data Loss (Backup & Data Retention Policy) of this Agreement.

15.4 AI, GPU & Specialized Compute Workloads on Customer-Controlled Infrastructure

Where Customer-Controlled Infrastructure includes GPU-equipped configurations or is used to run AI, machine learning (ML), deep learning, large language models (LLMs), safety-critical simulations, or other specialized compute workloads, the Customer is solely responsible for the configuration, operation, and monitoring of such workloads. This includes, without limitation, responsibility for resource utilization, power consumption, thermal behavior, and workload scheduling to ensure the stability and safety of the underlying hardware and facility.

This Section applies to all GPU-based and specialized compute environments provisioned by or through SCALIBIT, including those deployed on infrastructure and facilities operated by upstream data center providers; such environments include, without limitation, AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments) and any other Customer-Controlled GPU or accelerator configurations deployed on Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, or Dedicated Servers (Dedicated Servers or Bare Metal).

You must ensure that AI, GPU, and specialized compute workloads do not (a) exceed contractually agreed or facility-imposed power and cooling limits; (b) cause repeated hardware instability, reboots, or degradation of the host system; (c) generate excessive network traffic, DDoS-like patterns, or abuse complaints; or (d) otherwise impact the integrity or availability of SCALIBIT’s infrastructure or any upstream data center provider, network, or facility or network infrastructure provider. SCALIBIT and its upstream providers may, at their sole operational discretion, take reasonable technical measures — including throttling, temporary suspension, or emergency shutdown of affected systems — where such workloads present a risk to electrical, thermal, network, or operational safety.

For capacity planning, fault diagnosis, and safety monitoring purposes, SCALIBIT or its upstream infrastructure providers may collect and review high-level telemetry from GPU and specialized compute nodes (such as aggregate utilization, power draw, temperature, and error states). Such telemetry does not include inspection of Customer data, model parameters, training sets, or input/output content, and is used solely to maintain the stability, security, and lawful operation of the infrastructure. SCALIBIT does not have the technical ability to access, reconstruct, or infer Customer content from such telemetry.

Such telemetry does not include network traffic inspection, packet capture, flow-level monitoring, or any form of content or payload analysis.

Hardware Safety and Integrity: The Customer acknowledges that high-compute workloads (including AI/ML workloads) may generate significant heat, power draw, and sustained hardware stress. Where hardware stress indicators, thermal alerts, or safety warnings are reported by upstream data center providers or underlying infrastructure systems operating the physical servers, SCALIBIT reserves the right to immediately apply protective measures — including throttling, temporary suspension, or shutdown of the affected Service — to prevent permanent hardware damage, regardless of whether the Customer considers the workload to be normal or expected. SCALIBIT shall not be liable for any service interruption, process disruption, or data loss resulting from such emergency hardware protection measures.

Prohibited AI Content and Synthetic Media Use: The Customer shall not use SCALIBIT Services, including any AI, GPU, or specialized compute workloads, to generate, process, host, or distribute illegal, deceptive, or harmful synthetic media or AI-generated content. This includes, without limitation: deepfake content created without the explicit consent of the depicted individual; sexually explicit or pornographic synthetic content; non-consensual nudification or sexual manipulation of images or videos; copyright-infringing or impersonation-based AI outputs; misleading or defamatory synthetic media; and any AI-generated content intended to deceive, harass, exploit, or unlawfully imitate natural persons, public figures, or protected works.

The Customer is solely responsible for ensuring that all AI-generated outputs, datasets, and use cases comply with applicable intellectual property laws, personality and publicity rights, data protection regulations, consumer protection laws, and AI-specific legal frameworks, including, where applicable, the EU Digital Services Act (DSA), EU Artificial Intelligence Act (AI Act), GDPR, and relevant United States federal and state laws (including but not limited to intellectual property law, right of publicity, unfair or deceptive practices regulations, and applicable FTC guidance on AI-generated or synthetic content), as well as equivalent international legal regimes.

No Editorial or Platform Role: SCALIBIT operates solely as a neutral provider of leased and unmanaged infrastructure. SCALIBIT does not act as a publisher, editor, content host, content moderator, application service provider, or platform operator with respect to any AI-generated outputs or Customer workloads. SCALIBIT does not review, curate, approve, train, prompt, or otherwise influence AI models, datasets, inputs, or outputs generated or processed by the Customer. All responsibility for the legality, accuracy, ethics, and regulatory compliance of AI-generated content rests solely with the Customer.

All AI, GPU, and specialized compute workloads deployed on Customer-Controlled Infrastructure must fully comply with this Agreement, the Acceptable Use Policy (AUP), and the AI & GPU Server Usage Policy. Without limitation, you shall not use SCALIBIT infrastructure to operate GPU or AI workloads for illegal surveillance, unauthorized biometric processing, password cracking at scale, mass generation of spam or disinformation, or any activity that violates export control, sanctions, or data protection regulations.

Important Clarification – Cryptocurrency & Blockchain Compute: As set forth in Section 14 and other applicable provisions, any cryptocurrency or blockchain-related computation — including but not limited to cryptocurrency mining, blockchain validation, staking node hosting, hash-rate resale, GPU/CPU crypto-compute, mining pool operation, or blockchain node clusters of any kind — is strictly prohibited on all SCALIBIT Services, including AI, GPU & Specialized Compute Hosting. Such workloads are not eligible for review, approval, or provisioning under any circumstance, and nothing in this Section 15.4 shall be interpreted as permitting such activity.

Any AI, GPU, or specialized compute workload that results in abuse reports, law-enforcement inquiries, repeated SOC alerts, or facility-level safety incidents may, at SCALIBIT’s sole operational discretion, be subject to immediate investigation, limitation, suspension, or termination under Section 29 – Abuse, Spam & Enforcement; Liquidated Damages, Section 31.10.1 – Service Suspension (Overdue Accounts) (where applicable), and Section 33 – Termination & Cancellation Policy. You must promptly respond to any related notifications and cooperate with SCALIBIT, its upstream providers, or competent authorities as required by law.

15.5 Security Incident Reporting.

Customer must promptly notify SCALIBIT if the Customer becomes aware of any actual or suspected security incident, unauthorized access, compromise of credentials, abuse activity, malware distribution, or other security-related event involving the Services or Customer-managed systems.

SCALIBIT may take reasonable actions to protect its infrastructure, network, and other customers, including temporary suspension of affected services, traffic filtering, network restrictions, or other mitigation measures where necessary.

Failure to promptly report known security incidents or compromised systems may result in temporary suspension or restriction of services until the issue is resolved. Customer remains responsible for securing its systems, credentials, and software environments.

16. YOUR OBLIGATIONS UNDER THE CONTRACT

As a Customer of SCALIBIT, you acknowledge, understand, and agree that all content, data, scripts, software, or materials uploaded, transmitted, or otherwise made available through any Services or servers leased, used, or managed by you are the sole responsibility of the Customer or the party from whom such content originated. SCALIBIT, acting solely as a neutral provider of leased and unmanaged infrastructure, does not control, review, or guarantee the accuracy, integrity, or quality of any user-generated content, nor does it possess the administrative keys required to access Customer-encrypted or password-protected environments. By using our Services, you acknowledge that you may be exposed to content deployed by other customers through their infrastructure environments, and you agree that SCALIBIT shall not be held liable for any damages resulting from such content or its transmission.

• 16.1. You are responsible for all content, scripts, data, applications, and other materials deployed, stored, transmitted, or processed on any Services or servers leased, used, or managed by you. Abusive scripts include any scripts, applications, workloads, or processes that interfere with SCALIBIT’s infrastructure, upstream provider systems, or the environments of other customers; cause harm to any computer system or user; or engage in fraudulent, unlawful, or abusive activity. Any Service identified as the source of abusive activity may be immediately suspended and investigated. SCALIBIT will, where required by applicable law, cooperate with competent authorities and law enforcement agencies solely to the extent legally required.

• 16.2. You must not use the Services to transmit, host, or engage in any illegal, harmful, fraudulent, deceptive, or offensive activity. You are responsible for ensuring full compliance with all applicable laws in both your jurisdiction and the jurisdiction of the server location. Prohibited activities include, but are not limited to:

  • Using SCALIBIT Services, servers, or IP addresses to facilitate, conceal, or otherwise enable illegal or fraudulent activity, including but not limited to identity theft, payment fraud (e.g., using stolen credit cards), invoice manipulation, Business Email Compromise (BEC), CEO fraud, payment diversion schemes, operating illegal marketplaces, or processing proceeds of unlawful activity.

  • Registering, configuring, or using any domain name, subdomain, hostname, mail server, or messaging system for domain impersonation, brand spoofing, deceptive similarity, typo-squatting, or fraudulent communication. This includes, without limitation:

    • Using look-alike domains intended to mimic or impersonate third-party companies, brands, institutions, or individuals;

    • Sending invoice fraud, executive impersonation, supplier payment redirection, or financial deception emails;

    • Configuring misleading rDNS (PTR), HELO/EHLO identifiers, SMTP headers, or DNS records designed to falsely represent another entity;

    • Operating any system intended to deceive recipients regarding the origin, authenticity, or authority of a communication.

  • Provisioning or operating VPNs, proxies, or anonymization services that conceal identity for illegal purposes, or to facilitate criminal, fraudulent, or abusive behavior.

  • Prohibited Identity Obfuscation and Anonymization. The use of SCALIBIT’s Services, servers, or any IP addresses assigned to you for the purpose of hiding or masking your real identity, originating IP address, or location — or for facilitating any illegal, abusive, or fraudulent activities — is strictly prohibited. This includes, without limitation, the use or operation of VPNs, proxies, anonymization systems, Tor exit nodes, or similar technologies intended to conceal identity, obscure traffic sources, or enable unlawful actions. Any such use constitutes a material breach of this Agreement and may result in suspension or termination of Services and disclosure to competent authorities.

  • Hosting or facilitating gambling, betting, lottery, or sweepstakes services is strictly prohibited.

  • Hosting, distributing, or making available adult, pornographic, obscene, or sexually explicit content, including but not limited to pornography streaming, escort services, or adult cam websites.

  • Sending Unsolicited Commercial Email (UCE/UBE), spam, or operating bulk-mail systems in violation of SCALIBIT’s Anti-Spam Policy.

  • Operating open mail relays, open proxies, anonymizers, or services that allow unauthenticated third-party relay in a manner that facilitates abuse.

  • Hosting, distributing, or controlling malware, botnets, phishing pages, ransomware, or other malicious software or infrastructure designed to compromise, exploit, or harm others.

  • Conducting or facilitating network attacks, including denial-of-service (DDoS), unauthorized port scanning, brute-force attacks, or exploiting vulnerabilities in third-party systems.

  • Engaging in header forgery, spoofing, identity misrepresentation, or any other deceptive or misleading activity designed to obscure the source of traffic or impersonate third parties.

  • Hosting or distributing content that is illegal under applicable law, including child sexual abuse material (CSAM), hate speech, terrorism-related content, or materials encouraging or promoting criminal acts.

  • Hosting or facilitating the sale or distribution of illegal drugs, weapons, counterfeit goods, or other controlled substances or items.

  • Engaging in copyright infringement, unauthorized distribution of intellectual property, software cracking, warez, key generators, or any other form of digital piracy.

  • Using SCALIBIT infrastructure to circumvent export control laws or international sanctions, including trade with sanctioned individuals, entities, or countries (e.g., OFAC/SDN restrictions).

  Violation of any of the above prohibitions constitutes a material breach of this Agreement. SCALIBIT reserves the right to investigate any suspected violation and take appropriate action, including but not limited to immediate suspension, IP revocation, null-routing, service termination, preservation of logs, and cooperation with upstream providers and competent authorities without prior notice where necessary to protect its network, infrastructure, other customers, or to comply with legal obligations (see Sections 29, 31.10.1, and 33).

  Customers must comply at all times with SCALIBIT’s Acceptable Use Policy (AUP) and Anti-Spam Policy, which provide detailed requirements for permitted and prohibited activities. SCALIBIT may report unlawful activities to competent authorities and will cooperate fully with law enforcement agencies as required by applicable law.

  You may use SCALIBIT Services solely for lawful purposes. Any unlawful use is strictly prohibited. You are fully responsible for all activities carried out through your Services and assigned IP addresses. In the event of any criminal investigation or legal process, SCALIBIT reserves the right to cooperate fully with law enforcement and competent authorities as required by applicable law.

• 16.3. You agree to refrain from sending or receiving any material which may be in breach of any third-party intellectual property rights (including but not limited to copyright and trademark), confidentiality, privacy, or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should seek independent legal advice.

• 16.4. Open proxy servers are not permitted under any circumstances and will result in immediate suspension or termination of service.

• 16.5. Sites must not contain hateful material or content which seeks to incite hate.

• 16.6. Operating proxy scripts or anonymizers is strictly prohibited and will result in immediate suspension or termination of service.

• 16.7. Using torrent clients, Peer-to-Peer (P2P) file-sharing software, or running Torrent trackers, Torrent portals, or similar software is not allowed and will result in immediate action, including suspension or termination.

• 16.8. Running applications that generate illegal traffic on any network is strictly forbidden and may lead to the suspension or termination of service.

• 16.9. Engaging in spam activities, DDoS attacks, or any other abusive behavior will result in immediate service suspension or termination without prior notice.

• 16.10. Sites must not contain images, videos, depictions, or descriptions of pornography or adult content that is unlawful or prohibited under this Agreement, the Acceptable Use Policy, or applicable law.

• 16.11. Sites must not contain 'warez', copyrighted music/videos, or links to such content. It is your sole responsibility to ensure that you and your users have all rights necessary to distribute any content displayed on their website.

• 16.12. Sites must conform to recognised international copyright law.

• 16.13. Customers undertake to take all actions required under applicable laws and to fully cooperate with competent governmental authorities and law enforcement agencies where necessary.

• 16.14. Customers are responsible for maintaining the security and integrity of all Services and servers leased, used, or managed by the Customer at all times. This includes implementing appropriate access controls, maintaining up-to-date operating systems and software, applying security patches, restricting administrative privileges to the minimum necessary level, and safeguarding all authentication credentials.

  For the avoidance of doubt, authentication credentials include, without limitation, server login credentials (such as root or administrator passwords, SSH keys, SSH access ports, RDP usernames and passwords), control panel access credentials (e.g., cPanel, Plesk, WHM, web-based administration panels), application-level login credentials, database passwords, API keys, encryption keys, and any other authentication or authorization mechanisms configured by the Customer.

  Where applicable, Customers are strongly advised to apply restrictive file and directory permissions and to limit access to configuration files containing sensitive information in accordance with industry best practices. Strong passwords, multi-factor authentication (where available), proper account isolation, and regular security reviews should always be implemented.

  Liability for Negligent Security: If the Customer’s failure to maintain secure credentials, updated software, proper access controls, or reasonable system hardening measures results in a system compromise, abuse incident, or security breach, the Customer shall be held liable for any resulting damages to SCALIBIT’s infrastructure, network, IP reputation, or business operations, including but not limited to abuse handling costs, blacklist removal expenses, IP delisting fees, upstream provider penalties, forensic investigation costs, and network remediation efforts.

• 16.15. Compromised Systems and Credentials.

  Customers are solely responsible for maintaining the security of all systems, instances, servers, applications, login credentials, usernames, passwords, SSH keys, API keys, access tokens, and any other authentication mechanisms used in connection with the Services, including but not limited to Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers, and GPU Servers.

  Any activity performed using Customer accounts, login credentials, usernames, passwords, SSH keys, API keys, access tokens, or other authentication mechanisms shall be deemed to have been performed by the Customer. Customers must immediately secure any compromised systems, instances, servers, or credentials and take appropriate remediation actions.

  SCALIBIT shall not be liable for any damages, abuse reports, service disruptions, network incidents, or third-party claims resulting from compromised Customer systems, weak authentication practices, misconfigurations, insecure software, or vulnerabilities within Customer-managed environments.

• 16.16. Customers acknowledge that SCALIBIT may, upon receipt of an official and verifiable request from competent authorities (including but not limited to law enforcement agencies, prosecutors, or courts), provide strictly limited administrative and service-related data under its control, as required by applicable law.

  For the avoidance of doubt, such administrative data may include, without limitation: Customer-provided registration and order information (such as name, surname, company name, address, contact email, telephone number), service provisioning details (including the type of Service ordered, service activation dates, billing records, invoice history, and payment transaction references) and IP allocation records associated with Services provisioned to the Customer.

  SCALIBIT does not have access to, control over, or possession of Customer server content, hosted data, application data, encryption keys, mailboxes, databases, file systems, or any information stored within Services or servers leased, used, or managed by the Customer. SCALIBIT does not monitor or retain content-level logs or traffic payload data.

  Any disclosure made pursuant to a valid legal request shall be limited strictly to the scope of the legal process and applicable jurisdiction, and shall not extend to Customer Content or data not within SCALIBIT’s administrative control.

  Non-Liability for Lawful Disclosure: SCALIBIT is under no obligation to notify the Customer when administrative or service-related data is provided to authorities under a valid legal request, where such notification is prohibited by law or legal process. The Customer hereby waives any claim for breach of privacy or confidentiality arising from SCALIBIT’s lawful compliance with such legal processes or law enforcement inquiries.

• 16.17. Network Usage and Security Compliance.

  Customers must use SCALIBIT’s network and connectivity infrastructure responsibly and in compliance with all applicable laws, technical standards, and the Acceptable Use Policy (AUP). Activities that compromise, disrupt, or interfere with the normal operation, integrity, or availability of SCALIBIT’s network, servers, or other customers’ services are strictly prohibited.

  • Engaging in or facilitating Denial-of-Service (DoS) or Distributed Denial-of-Service (DDoS) attacks, flooding, mail-bombing, or broadcast abuse;

  • Unauthorized port scanning, probing, or testing the vulnerability of any system, network, or service without prior written authorization from SCALIBIT;

  • Operating open proxies, open mail relays, or open recursive DNS servers that may be misused by third parties;

  • Hosting, promoting, or participating in cryptocurrency mining, blockchain validation, or hash-rate resale, all of which are strictly prohibited under this Agreement;

  • Circumventing bandwidth limits, traffic shaping, or network restrictions imposed by SCALIBIT or its upstream providers;

  • Transmitting or distributing malware, ransomware, phishing payloads, or other harmful network traffic;

  • Retaliatory or harmful behavior toward SCALIBIT’s infrastructure, employees, or network monitoring systems.

  Any violation of this section constitutes a material breach of this Agreement and may result in immediate service suspension or termination pursuant to Section 29 (“Abuse, Spam & Enforcement”). SCALIBIT reserves the right to preserve relevant logs, cooperate with law enforcement, and take all necessary actions to maintain the security and stability of its network.

  Protective Suspension: In the event of a suspected network-level violation, SCALIBIT may suspend the Service immediately for "Protective Purposes" while an investigation is conducted. Such suspension is not a breach of contract by SCALIBIT and does not entitle the Customer to any credit or refund.

  SCALIBIT reserves the right, where technically feasible and legally required, to restrict, suspend, or disable access to Services or assigned IP resources that are determined, based on credible notice or legal obligation, to be associated with a violation of this Agreement or applicable law. Such action may be taken at the infrastructure or network level and does not imply review or monitoring of Customer Content.

  SCALIBIT may access, preserve, or disclose Customer account information strictly limited to administrative, allocation, and service metadata under its control where required by valid legal process or where SCALIBIT has a good-faith belief that such disclosure is reasonably necessary to:

  • Comply with applicable law, court order, subpoena, or lawful governmental request;

  • Enforce this Agreement at the infrastructure or service level;

  • Respond to credible claims of abuse involving assigned IP space or Services;

  • Address customer-initiated technical support requests;

  • Protect the security, integrity, or operational stability of SCALIBIT’s infrastructure, upstream providers, or network environment.

  SCALIBIT may include security components that protect digital information or materials. You may not attempt to override or circumvent any such protections. Unauthorized reproduction, distribution, or exhibition of any materials supplied through our Services, whether in whole or in part, is strictly prohibited.

• 16.18 Infrastructure Neutrality.

  SCALIBIT provides infrastructure services only and does not participate in, control, supervise, or manage the operational activities conducted by Customers on their systems, instances, servers, or applications.

  The Services offered by SCALIBIT — including but not limited to Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers, and GPU Servers — are customer-controlled computing environments. Customers retain full administrative control over their deployed systems, software, workloads, and hosted content.

  SCALIBIT does not operate Customer applications, websites, software environments, databases, AI workloads, or other computing processes running on the infrastructure. The mere provision of infrastructure resources, connectivity, IP address allocation, routing, storage capacity, or computing power shall not be interpreted as participation in, knowledge of, or responsibility for Customer activities.

  Accordingly, SCALIBIT shall not be deemed responsible for the nature, purpose, legality, or operational behavior of Customer-managed systems or workloads executed on the Services.

17. ACCEPTABLE USE POLICY (AUP)

You acknowledge and agree to the following with respect to all of our Services:

• 17.1. You shall use all Services for lawful purposes only and shall comply with the terms of this Agreement and any other agreements you have entered into by virtue of purchasing or using our Service(s), in addition to all applicable local, state, national, and international laws, rules, and regulations.

• 17.2. You shall not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about any other user, person, or entity without their express permission.

• 17.3. You shall NOT use our site or Services in a manner that violates this Agreement, the Acceptable Use Policy, or applicable law, including but not limited to the following:

  • Violates any applicable law, regulation, administrative order, court decision, or industry compliance standard — including but not limited to: the laws of the United States (federal, state, and local), the laws of the country where the Customer resides, the jurisdiction governing the contractual relationship, and the laws and regulations of the countries where the upstream data center providers and network infrastructure providers hosting the Services/servers and through which the IP addresses assigned to these Services/servers are announced are physically situated. This also includes violations of internationally recognized regulations and standards such as anti-spam legislation (e.g., CAN-SPAM, GDPR, CASL, ePrivacy), data protection and cybersecurity laws, cybercrime legislation, and Regional Internet Registry (RIR) policies (RIPE NCC, ARIN, APNIC, AFRINIC, LACNIC).

  • Promotes, encourages, or engages in child sexual abuse material (CSAM) or the exploitation of minors.

  • Causes harm to minors in any manner whatsoever.

  • Promotes, encourages, engages in, or displays cruelty to humans or animals.

  • Promotes, encourages, or engages in terrorism, violence, or hatred against people, animals, or property.

  • Transmits any unsolicited commercial or bulk email (UCE/UBE), engages in spamming, mail bombing, or operates bulk-mail systems in violation of applicable anti-spam laws or SCALIBIT’s Anti-Spam Policy. This includes, without limitation, phishing emails, spoofed or forged sender identities, domain impersonation, look-alike domain schemes, invoice fraud communications, business email compromise (BEC), CEO/CFO fraud, payment instruction fraud, or any deceptive, misleading, or impersonation-based messaging intended to defraud, mislead, or cause financial harm to recipients.

  • Makes any illegal communication to any newsgroup, mailing list, chat facility, or other internet forum.

  • Makes, attempts, or allows any unauthorized access to SCALIBIT’s website, servers, your own hosting account, or the account of any other SCALIBIT customer.

  • Deploys, executes, distributes, or permits the execution of any malicious code, exploit, backdoor, command-and-control infrastructure, or unauthorized remote execution mechanism through any Service, server, virtual machine, cloud environment, API endpoint, or IP address leased, used, or managed by the Customer. This includes, without limitation, malware loaders, web shells, remote access trojans (RATs), exploit kits, or any software designed to gain unauthorized access to, disrupt, or compromise third-party systems.

  • Causes or attempts to cause any form of denial-of-service (DoS or DDoS) attack, port scanning, network probing, traffic flooding, or any other intrusive, disruptive, or endangering activity targeting systems operated by SCALIBIT, the servers and network infrastructure of Customers hosted within facilities operated by upstream data center providers, any unrelated third-party servers or network infrastructure, or any other internet users.

  • Forges the signature or other identifying mark or code of any person or engages in any activity intended to deceive others regarding the true identity of the user.

  • Infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party (including uploading, posting, emailing, transmitting, or otherwise offering any content that may infringe on such rights).

  • Uses SCALIBIT infrastructure — including CPU, GPU, or Specialized Compute resources — to train, host, generate, transmit, store, or distribute any synthetic, AI-generated, deepfake, deceptive, or manipulated content for unlawful, abusive, or fraudulent purposes, including (but not limited to) identity impersonation, misinformation at scale, political manipulation, unauthorized biometric analysis, scraping or harvesting third-party data without consent, or training AI models using unlawful datasets (including copyrighted materials, personal data, or confidential/governmental content) without appropriate legal basis or authorization.

  • Contains viruses, trojan horses, worms, time bombs, corrupted files, or any other similar software or programs designed to disrupt, damage, or limit the functionality of any software or hardware.

  • Contains any kind of proxy server or other traffic-relaying programs.

  • Uploads or operates content, software, or services associated with abuse, fraud, malware distribution, or unlawful activity, including but not limited to: IRC bots, warez, hacking tools, brute-force software, malicious automation, image/file storage, mirror or banner-ad services, topsites, streaming, escrow, High-Yield Interest Programs (HYIP), investment sites (FOREX, E-Gold Exchange, etc.), cryptocurrency miners, sale of controlled substances without appropriate permits, AutoSurf sites, bank debenture trading programs, lottery sites, MUDs/RPGs, hate sites, or spam scripts.

  • Engages in or initiates actions that cause harm to SCALIBIT or other customers (including actions resulting in blacklisting any of our IPs by spam databases or causing DDoS attacks).

  • Reverse engineers any API or attempts to use an API to obtain confidential information.

  • Circumvents an API to violate SCALIBIT restrictions (including accessing other customers’ services or avoiding payment).

  • Overloads our systems, including APIs, in any way.

  • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages, or engages in the sale or distribution of prescription medication without a valid prescription, including hosting online pharmacies.

  • Violates the privacy or publicity rights of any user or entity, or breaches any duty of confidentiality you owe to another person or entity.

  • Uploads, posts, emails, transmits, or otherwise makes available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or racially, ethnically, or otherwise objectionable.

  • Operates lottery or gambling sites.

  • Engages in any cryptocurrency or blockchain-related computation, including mining, validation, staking, hash-rate resale, or node operation, all of which are strictly prohibited under this Agreement.

  • Operating GPU-based clusters, AI/ML model hosting, inference APIs, or LLM training environments in a manner that causes excessive resource consumption, thermal or power instability, abuse complaints, SOC alerts, or data center-level risk is strictly prohibited and may result in immediate limitation, suspension, or termination under SCALIBIT’s enforcement procedures.

  • Violates U.S. export control laws.

  • Hosts, distributes, or links to pornographic material, nudity, child pornography, escort listings, or escort services.

  • Storing, transmitting, or processing protected health information (PHI), medical records, or any data subject to the U.S. Health Insurance Portability and Accountability Act (HIPAA), or similar healthcare data protection laws, is strictly prohibited. SCALIBIT does not provide HIPAA-compliant infrastructure and does not enter into Business Associate Agreements (BAAs).

  • Uploads, posts, emails, transmits, or otherwise offers any content that you do not have the legal right to offer pursuant to any law or contractual relationship.

  • The use of SCALIBIT’s Services, servers, or any IP addresses assigned to you for the purpose of hiding or masking your real identity, originating IP address, or location — or for facilitating any illegal, abusive, or fraudulent activities — is strictly prohibited. This includes, without limitation, the use or operation of VPNs, proxies, anonymization systems, Tor exit nodes, or similar technologies intended to conceal identity, obscure traffic sources, or enable unlawful actions. Any such use constitutes a material breach of this Agreement and may result in suspension or termination of Services and disclosure to competent authorities.

  • Intentionally or unintentionally violates any applicable local, state, federal, national, or international laws and regulations — including, where relevant, financial or securities regulations (such as those of the U.S. Securities and Exchange Commission), or requirements imposed by stock exchanges such as NYSE, NASDAQ, or other similar regulatory bodies — as well as the laws and regulatory requirements of the jurisdictions in which the Customer’s servers are physically hosted by upstream data center providers, and where the related network infrastructure is physically located.

  In addition, the following unlawful and prohibited uses apply:

  • Using SCALIBIT Services, servers, or IP addresses to facilitate, conceal, or otherwise enable illegal or fraudulent activity, including but not limited to identity theft, payment fraud (e.g., using stolen or cloned credit cards), operating illegal marketplaces, or processing proceeds of unlawful activity.

  • Provisioning or operating VPNs, proxies, or anonymization services that conceal identity for illegal purposes or facilitate criminal, fraudulent, or abusive behavior.

  • Hosting or facilitating gambling, betting, lottery, or sweepstakes services is strictly prohibited.

  • Hosting, distributing, or making available adult, pornographic, obscene, or sexually explicit content, including but not limited to pornography streaming, escort services, or adult cam websites.

  • Hosting, distributing, or controlling malware, botnets, phishing pages, ransomware, or other malicious software or command-and-control infrastructure intended to exploit or harm others.

  • Conducting or facilitating any form of network attack, including denial-of-service (DDoS), unauthorized port scanning, brute-force attacks, or exploiting vulnerabilities in third-party systems.

  • Engaging in header forgery, spoofing, identity misrepresentation, or any deceptive activity designed to obscure the origin of traffic or impersonate third parties.

  • Hosting, distributing, or transmitting content that is illegal under applicable law, including child sexual abuse material (CSAM), hate speech, terrorism-related material, or content promoting criminal acts.

  • Hosting or facilitating the sale, promotion, or distribution of illegal drugs, weapons, counterfeit goods, or any controlled substances or items.

  • Engaging in copyright infringement, unauthorized distribution of intellectual property, software cracking, warez, key generators, or any other form of piracy.

  • Using SCALIBIT infrastructure to circumvent export control laws or international sanctions, including trade with sanctioned individuals, entities, or countries (e.g., OFAC/SDN restrictions).

  • Sending Unsolicited Commercial Email (UCE/UBE), spam, or operating bulk-mail systems in violation of SCALIBIT’s Anti-Spam Policy.

  • Operating open mail relays, open proxies, or services that allow unauthenticated third-party relay in a manner that facilitates abuse.

  • Using SCALIBIT resources to engage in or support money laundering, terrorist financing, or any activity in violation of financial or anti-terrorism regulations.

  • Engaging in activities that intentionally cause degradation of SCALIBIT’s network, reputation, or services, including IP blacklisting or abuse complaints caused by the customer’s usage.

  Zero-Tolerance Adult Content Policy. SCALIBIT maintains a strict zero-tolerance policy toward adult or pornographic content. Any violation may result in immediate suspension or termination of Service without refund.

  Violation of any of the above constitutes a material breach of this Agreement. SCALIBIT reserves the right to investigate any suspected violation and take immediate action, including but not limited to rate-limiting, null-routing, filtering, suspension, or termination of the offending service without prior notice where necessary to protect the network, other customers, or to comply with legal obligations.

  Customers must comply at all times with SCALIBIT’s Acceptable Use Policy (AUP) and Anti-Spam Policy. SCALIBIT may report unlawful activities to competent authorities and will cooperate fully with law enforcement agencies as required by applicable law.

  IP Address Responsibility. Customers are solely responsible for all activities conducted through their assigned IP addresses, and any abuse or illegal activity originating from these IPs shall be deemed the responsibility of the customer of record.

Consequences of Blacklisting. If the Customer’s use of the Services causes any assigned IP address to be listed on reputation monitoring systems or real-time blackhole lists (RBLs), the Customer agrees to pay a non-refundable IP Reputation Recovery Fee of USD 250.00 per affected IP address, in addition to any actual third-party delisting or compliance costs.

SCALIBIT may deduct such amounts from any existing account balance or charge the registered payment method, where legally permitted.

• 17.4. You shall not access SCALIBIT Content (defined below) or User Content (also defined below) through any technology or means other than through this site itself, or as we may designate.

• 17.5. You agree to back up all of your User Content, including applicable data, so that you can access it when needed. SCALIBIT does not warrant that we back up any account or User Content, and you agree to accept as a risk the potential loss of any and all of your content.

• 17.6. You agree to provide government-issued photo identification (such as a national ID card, passport, or driver’s license) and/or government-issued business identification documents (such as company registration, tax certificate, or proof of address), as well as any additional verification materials we may reasonably request (including additional verification materials where reasonably required for fraud prevention or regulatory compliance) to verify your identity, prevent fraud, and ensure compliance with applicable regulations. Failure to provide such verification upon request may result in suspension, delay, or termination of Services.

  Suspension for Verification: SCALIBIT reserves the right to suspend any Service at any time if we suspect fraudulent activity or "Account Hijacking." The Service will remain suspended until the identity verification documents required under Section 17.6 are provided and manually approved. SCALIBIT shall not be liable for any downtime or business loss occurring during this verification period.

• 17.7. The use of SCALIBIT Services, servers, or IP addresses for VPN, proxy, anonymization, or any other obfuscation purposes that facilitate, conceal, or enable illegal, fraudulent, or abusive activity — including but not limited to fake purchases, stolen or cloned credit card usage, identity theft, payment fraud, defamation, unauthorized access attempts, operation of illegal marketplaces, or processing the proceeds of unlawful activity — is strictly prohibited.

  Provisioning, operating, or providing VPN, proxy, or anonymization services that conceal identity for illegal, abusive, or fraudulent purposes is also expressly prohibited, including but not limited to hiding, masking, obfuscating, or otherwise concealing the real IP address or location of users or endpoints. Violations may result in immediate account suspension, IP revocation, or permanent termination without refund and may be reported to competent authorities.

  SCALIBIT reserves the right to cooperate fully with authorized public institutions and law enforcement agencies in relation to such incidents and to provide relevant customer, service, or IP-related information upon receipt of an official and verifiable request. Any IP addresses or services found to be involved in illegal VPN, proxy, or anonymization activity may be immediately suspended and reported to competent authorities without prior notice.

SCALIBIT reserves the right, at its sole discretion, to refuse Services to anyone. Any material or activity that is unlawful, harmful, threatening, or otherwise prohibited under this Agreement or applicable law is strictly prohibited.

As a neutral provider of leased and unmanaged infrastructure, SCALIBIT does not monitor, inspect, or routinely review Customer Content. However, upon receipt of a credible abuse report, legal notice, or other verifiable complaint, SCALIBIT may notify the Customer and require corrective action within a specified timeframe.

If the Customer fails to take appropriate remedial action within the required period, SCALIBIT may, at its sole discretion, suspend, restrict, null-route, or terminate the affected Service without prior notice where necessary to protect its infrastructure, upstream providers, network integrity, or to comply with legal obligations.

In the event of Service termination, the specific Service, server instance, and any associated IP address(es) allocated to the Customer may be decommissioned, reinitialized, reformatted, or reinstalled (including full disk wipe and operating system reinstallation) in accordance with SCALIBIT’s infrastructure lifecycle and deprovisioning procedures. Following such decommissioning, the relevant computing and network resources may be returned to the infrastructure resource pool for future allocation or reuse. All Customer data stored within the terminated environment will be permanently deleted as part of the deprovisioning process prior to any such reallocation. SCALIBIT shall not be liable for any data loss resulting from termination, deprovisioning, enforcement actions, resource reallocation, reinitialization, or infrastructure lifecycle procedures.

Finality of Termination for Material Breach: No refunds, including pro-rated refunds for unused days or prepayments, shall be issued for any Service suspended or terminated due to a material violation of the Acceptable Use Policy (AUP), this Agreement, or applicable law. A confirmed violation shall constitute a "Material Breach" of this Agreement and may entitle SCALIBIT to apply enforcement measures, including liquidated damages where specified herein.

SCALIBIT does not terminate Services arbitrarily. Service suspension or termination shall occur only where there is a reasonable, good-faith determination — based on credible evidence, abuse reports, legal obligation, regulatory requirement, upstream provider notice, fraud detection, or documented violation of this Agreement — that the Customer’s use of the Services is unlawful, abusive, fraudulent, or materially harmful to SCALIBIT’s infrastructure, reputation, or third parties.

Where appropriate and legally permissible, SCALIBIT may provide notice and an opportunity to remedy the violation. However, in cases involving suspected fraud, phishing, spam campaigns, malware distribution, identity impersonation, financial crime, network abuse, or other high-risk activity, SCALIBIT may suspend or terminate the affected Service immediately to protect its network, upstream providers, and other customers.

SCALIBIT shall not be liable for any loss, interruption, reputational harm, or business damage arising from enforcement actions taken in good faith to prevent or mitigate illegal, fraudulent, or abusive activity.

Violations of this Section may also result in immediate account suspension or permanent termination under Section 33 (Termination & Cancellation Policy) of this Agreement.

You further agree to the product- and service-specific AUPs incorporated herein by reference:

Acceptable Use Policy — The SCALIBIT Acceptable Use Policy applies to all services, including but not limited to Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

18. ACCEPTABLE EMAIL USAGE

• 18.1 Virtual Machines (VMs), Cloud Environments, and Dedicated Servers

  For all SCALIBIT infrastructure services — including Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal) — email configuration, security, and deliverability are the sole responsibility of the Customer.

  SCALIBIT provides initial server provisioning (including OS installation and root credential delivery) but does not manage or maintain post-deployment configurations. Customers are responsible for setting up and maintaining their own mail transfer agents (MTAs), including but not limited to: rDNS (PTR) records, SMTP configuration, SPF/DKIM/DMARC records, TLS/SSL certificates, and IP reputation management. Any issues related to outgoing or incoming email delivery, spam reputation, or blocklisting (RBL/DBL listings) are the Customer’s sole responsibility.

  Reverse DNS (rDNS/PTR) configuration is not automatically applied by SCALIBIT. Customers may request rDNS updates for their assigned IP addresses via the Customer Portal or support ticket, subject to validation and compliance review. Incorrect or fraudulent rDNS records (e.g., impersonation of third-party domains) may result in suspension or IP revocation.

  SCALIBIT does not monitor, manage, or maintain Customer-operated mail systems, and is not responsible for undelivered or filtered messages caused by misconfiguration, third-party reputation systems, or remote mail server policies.

  Support for mail-related configuration (e.g., initial MTA setup, mail service configuration, port activation, or basic verification tasks) may be offered by SCALIBIT as a paid administrative service upon Customer request. Such assistance, if provided, is limited strictly to technical setup actions explicitly requested by the Customer and does not constitute ongoing management, supervision, monitoring, or operational control of the mail system.

  For the avoidance of doubt, any mail server configuration performed by SCALIBIT at the Customer’s request does not transfer operational responsibility, legal compliance obligations, or liability for email content, deliverability, spam activity, phishing, impersonation, fraud, or regulatory violations. All ongoing configuration, authentication integrity (SPF, DKIM, DMARC), abuse prevention, account security, and lawful use remain solely the responsibility of the Customer.

  In addition, Customers must ensure that no spam, bulk, unsolicited, deceptive, fraudulent, or impersonation-based email is transmitted from any Services or servers leased, used, or managed by the Customer, or from any IP address assigned to the Customer. This prohibition includes, without limitation, phishing campaigns, domain impersonation, CEO fraud, invoice fraud, payment redirection schemes, business email compromise (BEC), identity spoofing, clone domain usage, forged headers, or any email communication intended to deceive recipients for financial or unlawful gain.

  The use of Customer-assigned servers or IP addresses for such activities is strictly prohibited. If SCALIBIT receives abuse notifications — including complaints from recipients, third-party reporting systems, upstream data center providers, network operators, blacklist authorities, or competent governmental authorities — SCALIBIT may initiate an investigation and require the Customer to promptly remediate the issue.

  Where circumstances reasonably indicate that the incident may result from system compromise, misconfiguration, or unauthorized access, SCALIBIT may apply temporary suspension, rate limiting, port blocking, IP isolation, or other protective measures while allowing the Customer an opportunity to investigate and remediate the issue.

  However, in cases involving clear, intentional, or materially substantiated fraudulent activity — including but not limited to verified phishing, financial fraud, impersonation-based schemes, or criminal conduct — SCALIBIT reserves the right to immediately suspend or terminate the affected Service without prior notice in order to protect network integrity, third parties, or comply with legal obligations.

  Repeated, unresolved, or aggravated abuse violations may result in permanent termination without refund and permanent revocation of assigned IP resources. Blacklist removal, compliance handling, forensic review, or remediation efforts may incur additional non-refundable administrative or third-party costs as specified in the Anti-Spam & Abuse Policy.

  When Customers use external mail clients (such as Outlook, Thunderbird, or mobile applications) to connect to their self-managed mail servers, outgoing messages may include the public IP address of the Customer’s local Internet connection (assigned by their Internet Service Provider, or ISP). These originating IPs are outside SCALIBIT’s control and may occasionally appear in third-party reputation databases or dynamic IP lists (e.g., Spamhaus PBL). SCALIBIT cannot guarantee or influence deliverability outcomes affected by such external ISP addresses, and the Customer remains fully responsible for maintaining their own network reputation and mail compliance.

  Under no circumstances may Customers use SCALIBIT infrastructure — including CPU, GPU, or AI-accelerated environments — to generate or transmit mass unsolicited emails, AI-generated bulk messages, automated phishing content, or machine-generated deceptive communications (including LLM-based templates, dynamically generated content, or multi-variant email campaigns designed to bypass filters). AI-assisted email content, including automated lead generation, outreach scraping, or synthetic personalized email targeting, is strictly prohibited unless fully compliant with all applicable anti-spam regulations, consent requirements, and SCALIBIT’s Anti-Spam & Abuse Policy.

  Outbound Port Management: SCALIBIT reserves the right to block Port 25 (SMTP) and other mail-related ports by default on certain network segments or for new accounts to prevent abuse. Access to these ports may be granted upon manual review and identity verification. SCALIBIT may re-block these ports at any time if suspicious or abusive mail activity is detected

  IP Reputation Disclaimer: IP addresses are provided on an “as-is” basis, and SCALIBIT does not warrant or guarantee that any assigned IP address will remain free from listings on third-party blacklists or reputation databases. If an IP address is clean at the time of delivery but becomes blacklisted due to the Customer’s usage, volume, or content, SCALIBIT is under no obligation to provide a replacement IP or a refund.

• 18.2 General Email Usage Policy

  SCALIBIT does not provide managed email services, hosted mailbox services, or general-purpose SMTP relay services as part of its infrastructure offerings. Any outbound mail capability originates from Customer-operated systems deployed on Services or servers leased, used, or managed by the Customer.

  Where limited network-level protections or rate controls are implemented to protect infrastructure integrity (such as outbound port controls, abuse mitigation, or automated network safeguards), such measures are applied solely for infrastructure protection purposes and do not constitute content monitoring, email hosting, or message-level review.

  SCALIBIT maintains a zero-tolerance policy against spam. The sending of bulk or unsolicited e-mails is strictly prohibited at all times. Customers who engage in abusive or non-compliant email activity through Services or servers leased, used, or managed by the Customer may be notified and may have their Services suspended, terminated, or restricted depending on severity.

  By purchasing or using our Services, you agree to the following:

  • 18.2.1. Not to transmit or distribute e-mails that may cause annoyance, inconvenience, anxiety, or distress to any recipient through any Service, server instance, or IP address allocated to the Customer.

  • 18.2.2. Not to transmit any e-mails or messaging content that is offensive, indecent, obscene, threatening, menacing, deceptive, unlawful, or otherwise in violation of applicable law.

  • 18.2.3. To include a clear, functional, and legally compliant opt-out or unsubscribe mechanism in all newsletter, marketing, or promotional communications where required by applicable law.

  • 18.2.4. Not to use SCALIBIT infrastructure, network connectivity, servers, or assigned IP address(es) to transmit e-mails to recipients who have not provided legally valid consent where such consent is required.

  • 18.2.5. Not to use SCALIBIT infrastructure, servers, or assigned IP address(es) to send unsolicited commercial email (UCE/UBE), whether in bulk (commonly referred to as “spam”) or individually.

  • 18.2.6. Not to engage in mail bombing, mass mailing designed to overwhelm recipients or systems, or any activity intended to deprive others of service or disrupt network operations.

  • 18.2.7. Not to use forged, spoofed, misleading, or falsified mail headers, domain impersonation techniques, look-alike domains, deceptive sender identities, or manipulated routing information designed to conceal the true origin of a message or impersonate any third party (including but not limited to invoice fraud, CEO fraud, business email compromise (BEC), or brand impersonation schemes).

  • 18.2.8. Not to use any e-mail address, domain, brand name, or identity that you are not legally authorized to use.

  • 18.2.9. To ensure that any e-mail servers deployed or operated by you on Services or servers leased, used, or managed by you are securely configured and do not permit “open relay,” unauthenticated third-party relaying, or misconfigured SMTP access.

  • 18.2.10. To take full responsibility for your own e-mail reputation, domain authentication, sending practices, volume management, and compliance with all applicable anti-spam and electronic communications laws.

  • 18.2.11. To promptly investigate and respond to any abuse, spam, phishing, impersonation, fraud, or reputation-related complaint received via SCALIBIT’s abuse channels or from upstream infrastructure providers. Failure to address verified abuse reports within a reasonable timeframe may result in immediate suspension, port blocking, IP isolation, null-routing, or termination of the affected Service.

  • 18.2.12. Not to take any action that would cause you or SCALIBIT to be in breach of any applicable law or regulation — including, but not limited to, the U.S. CAN-SPAM Act, U.S. federal and state consumer protection laws, the EU General Data Protection Regulation (GDPR), the ePrivacy Directive, CASL, and the laws of the jurisdiction(s) where the underlying infrastructure, data center facilities, and IP address announcements are physically situated.

  • 18.2.13. To maintain valid, accurate, and properly configured SPF, DKIM, and DMARC records (where applicable) for all sending domains in order to support authentication, domain alignment, and responsible email delivery practices.

  • 18.2.14. To comply with global email authentication and sender requirements imposed by major mailbox providers and ecosystem standards (including but not limited to Google & Yahoo sender requirements), ensuring proper DNS alignment, authentication, and abuse rate management for all outbound mail originating from your environment.

  • 18.2.15. Not to use any Services, servers, network resources, IP address(es), API endpoints, or compute environments leased, used, or managed by the Customer to automatically generate, customize, distribute, or transmit promotional, marketing, phishing, impersonation, fraudulent, or deceptive email communications — including, without limitation, AI-generated email content, automated spam bots, personalized mass outreach systems, spoofed sender identities, invoice fraud schemes, business email compromise (BEC), CEO fraud, or deepfake-based messaging intended to mislead or defraud recipients.

  • 18.2.16. Not to use artificial intelligence (AI), automated systems, scraping tools, or similar technologies deployed on Services or servers leased, used, or managed by the Customer to harvest email addresses, scrape public or private contact information, infer contact data, or generate email lists for unsolicited, deceptive, or unlawful use.

  • 18.2.17. Not to host, deploy, operate, or facilitate AI-driven phishing engines or fraud automation systems — including systems designed to generate multi-language phishing templates, simulate official brand communications, conduct identity deception, invoice manipulation, spear-phishing, clone phishing, credential harvesting, or other electronic fraud activities.

  • 18.2.18. Not to operate automated outbound email bots, dynamic mail delivery algorithms, AI-driven personalization engines, mass campaign generators, consent-circumvention systems, throttling-evasion tools, or any mechanism designed to bypass spam detection systems, consent requirements, or recipient protections.

  • 18.2.19. To acknowledge that IP Reputation is not guaranteed. IP addresses allocated to Services are provided on an infrastructure basis and may be subject to reputation scoring by third-party mailbox providers and blacklist operators. If an IP address becomes blacklisted, rate-limited, filtered, or otherwise restricted due to the Customer’s mail volume, content, configuration, or sending practices, SCALIBIT is under no obligation to replace the IP address, restore reputation, or provide any refund or credit.

  AI-Enabled Email Abuse and Aggravated Violations: The use of artificial intelligence (AI), machine learning (ML), large language models (LLMs), or automated systems to generate, optimize, personalize, or distribute email communications in violation of this Acceptable Email Usage Policy, the Anti-Spam Policy, or applicable law (including but not limited to the CAN-SPAM Act, GDPR, CASL, ePrivacy rules, or applicable fraud statutes) shall be treated as an aggravated abuse violation due to its scale, automation capability, and reputational impact. Upon verification of such conduct, SCALIBIT may implement immediate protective measures, including but not limited to outbound port blocking, IP null-routing, Service suspension, or termination without refund, and may cooperate with competent authorities where legally required.

  Spam Cleanup & IP Reputation Remediation Fee. In cases of aggravated, repeated, or large-scale abuse (including automated or AI-generated spam or fraud campaigns), the Customer shall be liable for a non-refundable Spam Cleanup and IP Reputation Remediation Fee of USD 250.00 per affected IP address.

  This fee covers administrative abuse handling, technical investigation time, coordination with upstream infrastructure providers, response to blacklist operators (including but not limited to Spamhaus, Microsoft, Google, and similar entities), and documentation required for compliance or remediation processes.

  SCALIBIT reserves the right to suspend, restrict, null-route, or terminate any affected Service that violates this Section, the Anti-Spam Policy, or the Acceptable Use Policy (AUP), where a violation is reasonably verified. Repeated, willful, or unremedied violations may result in permanent revocation of assigned IP address(es), loss of email transmission privileges, or Service termination without refund.

  Please also review Section 29 (“Abuse, Spam & Enforcement; Liquidated Damages”). The Anti-Spam Policy is incorporated herein by reference and forms part of this Agreement.

19. ACCEPTABLE WEB USAGE

• 19.1. Web usage includes the deployment, configuration, and operation of websites, web applications, APIs, datasets, or publicly accessible content through any Service, server instance, virtual environment, computing resource, or IP address provisioned to the Customer and managed, used, and controlled by the Customer — including Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and GPU Servers. SCALIBIT acts solely as a neutral provider of leased and unmanaged infrastructure and does not provide website publishing, content management, shared hosting, application hosting, platform services, managed services, or editorial functions. SCALIBIT does not actively or passively monitor, review, inspect, access, modify, or control content within environments provisioned to the Customer. All content, data, configurations, applications, software, scripts, and activities conducted through or associated with any Service, server instance, virtual environment, computing resource, or IP address provisioned to the Customer remain under the Customer’s sole administrative, operational, and legal responsibility.

  No Editorial Control: The Customer acknowledges that SCALIBIT exercises no editorial control over any website, web application, API, dataset, or publicly accessible service deployed or operated through any Service, server instance, virtual environment, computing resource, or IP address provisioned to the Customer and managed, used, and controlled by the Customer. The presence of such content on infrastructure provisioned by SCALIBIT does not constitute approval, endorsement, verification, monitoring, supervision, partnership, or affiliation by SCALIBIT.

• 19.2. You are solely responsible for ensuring that all content, software, datasets, or materials deployed or made available through any Service, server instance, virtual environment, computing resource, or IP address provisioned to you and managed, used, and controlled by you are either created by you or used with proper authorization. You must obtain all necessary licenses, consents, permissions, and legal rights for any third-party content, media, trademarks, datasets, software, or intellectual property.

• 19.3. You are solely responsible for resolving any dispute involving copyright, trademark, or other intellectual property rights related to any website, application, dataset, software, or content deployed, hosted, processed, or made available through any Service, server instance, virtual environment, computing resource, or IP address provisioned to you and managed, used, and controlled by you. You agree to indemnify and hold harmless SCALIBIT, its affiliates, and upstream data center and network infrastructure providers against any claims, damages, liabilities, regulatory penalties, or legal expenses arising from alleged infringement or unauthorized use of intellectual property materials.

  DMCA & Intellectual Property Compliance: SCALIBIT operates as a neutral infrastructure provider and processes copyright infringement notifications in accordance with Section 28 (Intellectual Property Infringement and DMCA Notifications) of this Agreement and SCALIBIT’s DMCA Copyright Policy, which are incorporated herein by reference. SCALIBIT does not host, create, modify, evaluate, inspect, or editorially control Customer content and acts solely to maintain applicable safe-harbor protections under 17 U.S.C. § 512 and equivalent international intermediary-liability frameworks.

  Where legally required or operationally necessary — including situations where a valid DMCA notice, abuse report, or lawful notification has been properly forwarded to the Customer in accordance with Section 28 and the Customer fails to respond or remediate within the specified timeframe — SCALIBIT may restrict network accessibility, temporarily suspend the affected Service, or terminate the Service without further notice where necessary to preserve safe-harbor protections, comply with applicable law, or prevent ongoing harm.

• 19.4. You must not use any website, application, API, dataset, or publicly accessible service deployed through any Service, server instance, virtual environment, computing resource, or IP address provisioned to you and managed, used, and controlled by you to promote, host, process, or distribute content that is illegal under any applicable law or regulation in any jurisdiction where such content or Service is accessible. The Internet is a global communications medium; content that is lawful in one country may be restricted or prohibited elsewhere, and you may be subject to foreign or international legal obligations.

• 19.5. SCALIBIT reserves the right to investigate, at the infrastructure and service level only, any website, application, dataset, content, or publicly accessible service deployed through any Service, server instance, virtual environment, computing resource, or IP address provisioned to the Customer and managed, used, and controlled by the Customer, where potential abuse, copyright infringement, fraud, phishing, identity theft, financial scams, brand impersonation, or other unlawful activity is reported or reasonably indicated by credible evidence, abuse reports, or lawful notifications.

  SCALIBIT does not perform routine content monitoring, editorial review, deep packet inspection, application-level surveillance, or proactive analysis of Customer-managed environments. Any review conducted by SCALIBIT is strictly limited to infrastructure-level, network-level, or compliance-related assessment necessary to protect infrastructure integrity, assigned IP resources, upstream provider relationships, other customers, or to comply with applicable law.

  Upon receipt of a credible complaint or lawful notice, SCALIBIT may require the Customer to remove or disable access to the relevant material within a specified timeframe. If the Customer fails to take timely corrective action, or where clear and credible evidence demonstrates unlawful conduct, SCALIBIT may suspend or terminate the affected Service without prior notice where reasonably necessary to prevent ongoing harm or legal exposure.

  In cases involving violations of applicable law — including the laws of jurisdictions where upstream data center or network infrastructure providers physically host the relevant systems or announce the assigned IP resources — SCALIBIT may cooperate with competent authorities to the extent required by law and may disclose customer account metadata and IP allocation records lawfully available to SCALIBIT upon receipt of an official and verifiable legal request.

  Phishing and Deceptive Sites: Any website, application, dataset, or publicly accessible service deployed through any Service, server instance, virtual environment, computing resource, or IP address provisioned to the Customer and managed, used, and controlled by the Customer that is reasonably determined, based on credible evidence, to be engaged in phishing, identity theft, financial fraud, impersonation, or other deceptive practices may be immediately suspended or terminated where necessary to prevent ongoing harm.

  SCALIBIT shall not be liable for business interruption, reputational impact, data loss, or service disruption resulting from enforcement actions taken in good faith to protect infrastructure integrity, assigned IP resources, upstream providers, other customers, or to comply with applicable law.

Violations of this Section may also result in immediate suspension or permanent termination under Section 33 (Termination & Cancellation Policy) of this Agreement.

20. SCALIBIT CONTENT

Except for User Content (as defined in Section 21 below), all content made available by SCALIBIT within its websites, control panels, client interfaces, billing systems, APIs, and documentation — including designs, text, graphics, images, videos, information, software, audio, and other files, as well as their selection and arrangement — and all software used to provide the Services (collectively, “SCALIBIT Content”) are and shall remain the exclusive property of SCALIBIT or its licensors and are protected by international copyright, trademark, and other intellectual property laws.

SCALIBIT Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold, sublicensed, or otherwise exploited for any purpose, in whole or in part, except as expressly permitted under this Agreement or with SCALIBIT’s prior written consent. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, underlying structure, or trade secrets from any SCALIBIT Content. Any unauthorized use immediately terminates your license or right to use the Services or such content. All rights not expressly granted in this Agreement are reserved by SCALIBIT and its licensors.

Trademark & Branding: The "SCALIBIT" name, logo, and all related product and service names, design marks, and slogans are the trademarks or service marks of SCALIBIT. You are strictly prohibited from using SCALIBIT’s trademarks, logos, or brand assets in any manner that suggests an endorsement, affiliation, or partnership without a separate, formal written license agreement. This prohibition includes, without limitation, the unauthorized use of SCALIBIT’s name or logos in meta tags, hidden text, ad keywords, or for any search engine optimization (SEO) purposes intended to divert traffic or capitalize on SCALIBIT’s brand reputation. Unauthorized use of SCALIBIT trademarks may result in immediate account termination and legal action for trademark infringement.

All SCALIBIT Content is provided to you “as is,” “as available,” and “with all faults,” to the maximum extent permitted by applicable law, solely for informational and lawful use in connection with your authorized access to the Services. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any commercial or competitive purpose without SCALIBIT’s express written authorization.

Prohibited Competitive Use: You may not use non-public SCALIBIT documentation, technical materials, or internal information to develop, replicate, or attempt to replicate SCALIBIT’s infrastructure architecture or service implementation in a manner intended to compete with SCALIBIT’s services.

From time to time, SCALIBIT may make available documentation, knowledge base articles, configuration samples, example scripts, legal or policy templates, or similar reference materials as part of SCALIBIT Content, including materials that may have been generated, assisted, or drafted using software tools (which may include artificial intelligence, machine learning, or large language models). All such materials are provided solely as generic, non-specific guidance, do not constitute legal, financial, security, or compliance advice, and must be carefully reviewed, adapted, and validated by you (and your professional advisors, where appropriate) before use in your own environment. You remain solely responsible for any use, adaptation, or implementation of such materials, and SCALIBIT shall have no liability arising from your reliance on them.

SCALIBIT does not provide AI- or LLM-based content generation as a managed, editorial, supervisory, or decision-making service, and does not review, approve, validate, moderate, or curate any content generated through artificial intelligence tools, third-party systems, customer-deployed models, or integrations operated by the Customer. Any AI-generated, synthetic, or machine-produced content uploaded, hosted, transmitted, processed, or deployed through the Services (including but not limited to emails, websites, applications, media, datasets, or policy text) constitutes User Content, not SCALIBIT Content. Such content remains solely under the Customer’s control and responsibility, and SCALIBIT assumes no role as publisher, editor, controller, reviewer, or decision-maker in relation to such material. The Customer bears full and exclusive responsibility for the legality, accuracy, and compliance of such content with this Agreement, the Acceptable Use Policy, the Anti-Spam Policy, and applicable law. SCALIBIT makes no warranty regarding the correctness, legality, completeness, or fitness of any AI-assisted or template-based material, and such materials are provided solely for informational purposes without any guarantee of compliance.

Nothing in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right under any copyright, trademark, patent, or other proprietary right of SCALIBIT or any third party. This Agreement does not transfer ownership of any SCALIBIT Content, website, or Service component, and SCALIBIT retains all rights, title, and interest therein.

No Work-for-Hire: No services provided by SCALIBIT shall be considered "work-for-hire," and SCALIBIT does not transfer any intellectual property rights to the Customer for any custom configurations, scripts, or support-related materials developed by SCALIBIT staff during the course of providing the Services.

21. USER CONTENT

21.1 Content

• 21.1.1. You are responsible for all information, text, opinions, messages, comments, audiovisual works, photographs, animations, graphics, sounds, music, software, applications, and any other content or materials that you or your end users submit, upload, post, host, store, or otherwise make available (“Make Available”) through the Services (collectively, “Your Content” or “User Content”). You may not Make Available on the Services any material protected by copyright, trademark, or any other proprietary right without the express authorization of the owner. The burden of determining whether any such right protects any material is entirely on you. You shall be primarily and solely responsible, as between you and SCALIBIT, for any damage or loss arising from infringement of intellectual-property, privacy, publicity, or contractual rights, or any other harm resulting from your User Content. As between you and SCALIBIT, you retain ownership of your User Content and bear full responsibility for its legality, reliability, and appropriateness while using the Services.

• 21.1.2. SCALIBIT does not monitor, access, review, or control User Content and accepts no responsibility for any content transmitted, stored, processed, or made available through any Service provisioned to the Customer. Where reasonably necessary to comply with applicable law, preserve safe-harbor protections, or protect its infrastructure, network, upstream providers, or other customers, SCALIBIT may — at its sole discretion and without obligation — require the Customer to investigate and remediate the reported issue and to disable access to or remove the relevant material within a specified timeframe. If the Customer fails to take the requested corrective action, SCALIBIT may implement service-level enforcement measures, including restricting network accessibility, suspending the affected Service, or terminating the Service or Account. SCALIBIT does not directly remove or modify Customer content except where technically unavoidable or legally compelled. SCALIBIT shall have no liability for any enforcement or protective action taken in good faith.

  Since network management and infrastructure control are provided and maintained by the upstream data center providers housing the Services/servers and through which the IP addresses assigned to these Services/servers are announced, SCALIBIT does not inspect or collect content payloads, packet captures, deep packet inspection (DPI) data, or individual customer traffic flow logs. SCALIBIT may, however, coordinate with these upstream providers to observe network conditions only at an aggregate or infrastructure level for operational security, abuse mitigation, and service integrity.

  SCALIBIT may disclose limited administrative and service-related records lawfully available to SCALIBIT (such as account identifiers, contact and verification data, service allocation details, IP address assignment records, and basic service activation timestamps) where required to satisfy lawful process or to protect its systems, upstream providers, and customers. SCALIBIT investigates credible complaints of violations of this Agreement, cooperates with organizations combatting Internet abuse, and may implement — or request its upstream providers to implement — technical filters, rate-limits, null-routing, or mitigation systems for that purpose. SCALIBIT will cooperate with competent authorities (law enforcement, prosecutors, courts) as required by applicable law.

• 21.1.3. You acknowledge and agree that SCALIBIT will not be liable to you or your end users for any action taken in good faith to restrict, suspend, or disable access to the Services based on an alleged violation of the Acceptable Use Policy (AUP), or any action taken in good faith pursuant to 47 U.S.C. § 230(c)(1) and § 230(c)(2) (Communications Decency Act) or the DMCA.

• 21.1.4. SCALIBIT may, at its sole discretion, immediately terminate your Account and access to the Services if your conduct, or that of your end users or downstream customers, violates our Policies (see Section 8 — Acceptable Use and Anti-Spam Policies). We respect the intellectual-property rights of all parties and maintain a repeat-infringer termination policy under the DMCA (see Section 28 — Intellectual Property Infringement and DMCA Notifications).

• 21.1.5 Child Sexual Abuse Material (CSAM), Child Pornography, Child Erotica, and Related Exploitative Content

  SCALIBIT enforces a zero-tolerance policy toward any child sexual abuse material (CSAM), child pornography, child erotica, or any form of sexual exploitation of minors. Any content that is subject to a verified notice, lawful request, or credible abuse report indicating a violation of applicable child-protection laws will have access disabled without delay at the service level.

  SCALIBIT may also take action where material is reasonably and in good faith believed to violate applicable child-protection laws, even prior to formal legal determination.

  Accounts (including reseller or sub-accounts) associated with such material may be suspended or terminated without prior notice. Resellers are responsible for promptly disabling offending downstream users. Customers agree to cooperate with enforcement actions required to maintain network and legal compliance.

  SCALIBIT may report suspicious or borderline exploitative material to competent authorities for evaluation even where such material has not yet been formally classified under statutory CSAM definitions.

  Content or communication that appears to solicit, lure, or exploit minors, or otherwise violates applicable exploitation laws, may be forwarded to competent authorities for evaluation where appropriate.

  Content involving sexual exploitation of animals, bestiality, or similar exploitative material is strictly prohibited under the same zero-tolerance standard. Where SCALIBIT receives a credible report or lawful notice indicating such material, SCALIBIT may disable access to the affected Service and cooperate with competent authorities as required by applicable law.

  Consistent with applicable local, federal, and international child-protection laws, SCALIBIT cooperates with competent law-enforcement authorities, prosecutors, and courts. Where legally required, SCALIBIT may preserve and disclose limited administrative records (such as customer account information, service allocation details, and account activity timestamps) strictly within the scope permitted by law.

  SCALIBIT does not have access to, collect, or retain content-level or network-payload data (including packet captures, traffic contents, or system images) stored within or transmitted through Services or servers leased, used, and administered by the Customer. Any forensic preservation, imaging, or seizure of servers, storage media, or network equipment can only be performed at the physical infrastructure level by the facility operators in accordance with applicable legal procedures.

  Child Sexual Abuse Material (CSAM) Reporting — 18 U.S.C. § 2258A

  In accordance with 18 U.S.C. § 2258A, SCALIBIT reports apparent violations of 18 U.S.C. §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, and 1466A to the CyberTipline (NCMEC). If you suspect CSAM on any SCALIBIT-provided Service, notify abuse-reports@scalibit.com. Do not download or redistribute the material. Provide only: (i) URL or file path, (ii) date/time (UTC preferred), (iii) IP address(es), and (iv) contextual identifiers (e.g., username or ticket ID). Reports may also be submitted directly to CyberTipline or ASACP.

  Reports submitted to abuse-reports@scalibit.com are processed on a priority basis as part of SCALIBIT’s abuse mitigation and legal compliance procedures.

  Legally authorized requests from law-enforcement agencies, prosecutors, courts, or other competent authorities must be submitted exclusively to legalrequests@scalibit.com. Requests sent to any other contact channel may not be processed as official legal service.

  Upon receipt of a verified lawful request, or a credible report reasonably indicating a violation of applicable law, SCALIBIT may require or cause service-level isolation of the affected Service environment and preserve limited administrative records lawfully available to SCALIBIT, and may coordinate lawful disclosure with NCMEC or competent authorities where required. Any forensic imaging, content preservation, hardware seizure, or physical access to servers, storage media, or network equipment can only be performed by the relevant upstream data center or facility operators in accordance with applicable legal procedures. The affected Service may thereafter be permanently terminated. No data recovery may be possible and SCALIBIT shall bear no liability for such deletion.

• 21.1.6. Content Appropriate for Minors and Section 230 Notice. You are responsible for preventing minors under your control from accessing harmful or age-restricted material through your Services. Pursuant to 47 U.S.C. § 230(d), commercial online-safety filters may be found at www.asacp.org. SCALIBIT makes no representation regarding such products and recommends independent evaluation before use.

• 21.1.7 AI-Generated, Synthetic, Deepfake, and Manipulative Content

  Any content that is created, assisted, modified, generated, synthesized, or transformed using artificial intelligence (“AI”), machine learning (“ML”), deep neural networks, generative models (including LLMs), face-swap or voice-cloning technologies, AI simulation engines, automated content generation systems, or similar tools — including but not limited to text, audio, video, images, animations, and documents (“AI-Generated Content”) — is classified as User Content under this Agreement and is fully subject to all applicable obligations, liabilities, and takedown requirements.

  Strictly prohibited AI-generated or synthetic content includes (whether real, simulated, or fictional):

  • Any AI-generated, manipulated, or synthetic depiction of minors in sexual, abusive, exploitative, or inappropriate contexts — including fictional, cartoon, rendered, synthetic, or “deepfake” CSAM — which constitutes an aggravated violation.

  • Deepfakes, biometric replication, voice or face-cloning, or identity manipulation intended to deceive, impersonate, defraud, or mislead individuals or the public — including political impersonation, CEO fraud, or synthetic identity attacks.

  • AI-generated documents (IDs, passports, certificates, invoices, contracts) or synthetic digital assets used for fraud, verification scams, social engineering, KYC bypass, or identity theft.

  • AI-powered malware creation, exploit generation, vulnerability automation, or any synthetic content used to facilitate unauthorized system access, cybercrime, or offensive security without explicit legal authorization.

  • AI-generated misinformation, synthetic news, election interference material, or manipulated political content designed to artificially influence public opinion without lawful disclosure and transparency labeling.

  • AI-generated content used for mass deception, spam automation, coordinated harassment, phishing, impersonation, or large-scale manipulation.

  Transparency and Disclosure Requirement.
  Synthetic media, including AI-generated or altered content involving real individuals, identities, public figures, or sensitive matters must include clear and conspicuous labeling, disclaimers, or watermarking where required by applicable laws and regulations (including EU AI Act, FTC Synthetic Media Guidance, UK Online Safety Act, and U.S. Executive Order on AI Safety).

  Customer Responsibility.
  SCALIBIT does not create, verify, endorse, monitor, or validate any AI-generated content hosted, transmitted, or processed through the Services or computing resources provided to the Customer. The Customer bears full legal, regulatory, ethical, and compliance responsibility for such content — including obligations related to privacy, biometric data protection, intellectual property, identity rights, election compliance, and synthetic media transparency. SCALIBIT assumes no liability for AI-generated content, except to the extent required by applicable law.

  Enforcement.
  Upon receipt of a credible notice, valid complaint, or lawful request relating to prohibited AI-generated content, SCALIBIT may require the Customer to investigate, remediate, disable access to, or remove the relevant content within a specified timeframe. If the Customer fails to take corrective action within the required period, SCALIBIT may — at its sole discretion — implement service-level enforcement measures, including restricting network accessibility, suspending the affected Service, revoking associated IP address allocations, or terminating the Services without refund. In cases involving potential criminal, regulatory, or high-risk violations, SCALIBIT may preserve limited administrative records lawfully available to SCALIBIT and, where required by applicable law, notify competent authorities in accordance with Section 37 (Information Requests & Legal Compliance).

  For the avoidance of doubt, SCALIBIT does not train, fine-tune, ingest, or reuse any Customer or User Content — including AI-generated content — for the development of any artificial intelligence or machine learning models.

21.2 Communications Decency Act (CDA) & DMCA Compliance Summary

SCALIBIT complies with applicable U.S. federal and international laws governing intermediary liability and copyright protection. As a neutral infrastructure provider, SCALIBIT’s obligations and immunities under the Communications Decency Act (CDA) and the Digital Millennium Copyright Act (DMCA) are summarized below.

This Section is a high-level summary provided for convenience only. The full procedures, timelines, and enforcement framework governing copyright complaints are set forth in the SCALIBIT Copyright Infringement Policy (DMCA & Global Takedown Procedure), which is incorporated into this Agreement by reference and forms an integral part of these Terms of Service. In the event of any inconsistency, the Copyright Infringement Policy shall control with respect to copyright-related procedures.

• 21.2.1 Legal Basis

  SCALIBIT’s role as a provider of an interactive computer service is governed by the Communications Decency Act (47 U.S.C. § 230) and the Digital Millennium Copyright Act (17 U.S.C. § 512). These statutes collectively limit SCALIBIT’s liability for user-generated content and define the responsibilities of customers who make content available using Services provided by SCALIBIT.

• 21.2.2 SCALIBIT’s CDA Protection

  Pursuant to Section 230 of the Communications Decency Act, SCALIBIT operates solely as a provider of an interactive computer service and not as a publisher of third-party content. SCALIBIT does not create, edit, store, possess, or control such content and cannot be held liable for the publication of any material that may be considered defamatory, infringing, obscene, or otherwise unlawful. Where necessary to enforce its policies or comply with applicable law, SCALIBIT may implement service-level restrictions, including limiting connectivity, suspending Services, or terminating Services, without assuming editorial control over the underlying content. Such actions do not affect SCALIBIT’s immunity under Section 230.

• 21.2.3 Customer DMCA Responsibilities

  If you act as a “Service Provider” or host third-party, user-generated, or publicly posted content, you must comply with the DMCA (17 U.S.C. § 512), including properly designating a DMCA Agent and maintaining a publicly accessible DMCA Notice and Takedown Policy. Failure to comply with these obligations constitutes a material breach of this Agreement and may result in suspension or termination of Services.

• 21.2.4 Content Removal Process

  Upon receiving a substantially compliant DMCA notice or a valid court order or other binding legal process issued by a competent authority, SCALIBIT will forward the notice to the Customer or the Customer’s designated DMCA Agent where applicable. The Customer is responsible for promptly removing or disabling access to the identified material in accordance with the remediation period defined in the SCALIBIT Copyright Infringement Policy (DMCA & Global Takedown Procedure). If the Customer fails to take appropriate action within that remediation period, SCALIBIT may implement service-level enforcement measures, including restricting network accessibility, suspending the affected Service, or terminating the Service. SCALIBIT shall not be liable for any data loss, downtime, or other damages arising from Customer actions, legal compliance procedures, or service-level enforcement measures undertaken in good faith.

• 21.2.5 Legal Disclaimer

  Nothing in this Section shall be construed as legal advice. Customers are solely responsible for obtaining independent legal counsel to ensure compliance with CDA, DMCA, and all other applicable laws and regulations.

• ---

  21.2.6 Definition of “Service Provider”

  For purposes of compliance with the Digital Millennium Copyright Act (17 U.S.C. § 512), a “Service Provider” includes any SCALIBIT customer that allows end users or third parties to control, upload, or publish material through Services provided by SCALIBIT. This includes, but is not limited to: (i) reselling or sub-hosting bandwidth; (ii) operating user-generated content sites such as forums, tube sites, or classified platforms; (iii) operating search engines; or (iv) operating peer-to-peer (P2P) file sharing or distribution networks.

  Customers acting as Service Providers must: (a) notify SCALIBIT of all domains, sub-domains, or IP addresses under their control; (b) properly designate a DMCA Agent under 17 U.S.C. § 512(c)(2); (c) publish a publicly accessible DMCA Notice and Takedown Policy on their website(s); and (d) provide SCALIBIT with a current link to such policy and updated contact details for their Designated Agent at all times.

  “Service Providers” within the meaning of 17 U.S.C. § 512(k)(1) must ensure that any DMCA Notices relating to alleged infringement of a SCALIBIT Service Provider Customer are submitted directly to that Customer’s designated DMCA Agent. Customers must also provide SCALIBIT with a current link to their DMCA Notice and Takedown Policy and promptly advise SCALIBIT of any changes to their Designated Agent’s contact information. This shall remain an ongoing obligation for as long as SCALIBIT Services are in use.

  SCALIBIT does not act as the designated DMCA Agent for any Customer operating as a Service Provider and assumes no obligation to receive, evaluate, or respond to infringement notices on the Customer’s behalf.

  For the avoidance of doubt, where a Customer resells, subleases, assigns, delegates, or otherwise provides access to any Service — including but not limited to Dedicated Servers or Bare Metal Servers, Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, GPU Servers, IP address allocations, or computing resources — or any other SCALIBIT service to any third party (“Downstream User”), the Customer shall be considered the independent operator and service provider of that environment toward such Downstream Users. The Customer assumes sole and exclusive responsibility for all content, activity, and legal compliance of its Downstream Users, including notice handling, abuse response, copyright compliance, data protection obligations, and regulatory requirements. SCALIBIT acts solely as an upstream infrastructure provider and maintains no contractual relationship with Downstream Users. SCALIBIT bears no obligation to communicate with, investigate, or process requests originating from Downstream Users, and any such notices may be redirected to the Customer as the legally responsible operator of the service environment.

  Where SCALIBIT forwards a notice, complaint, or legal request relating to a Service operated by the Customer, the Customer is solely responsible for promptly relaying such notice to the relevant Downstream User and requiring remediation within the timeframe required by applicable law or policy. Failure of the Customer to notify or act against its Downstream Users shall be deemed a failure of the Customer itself to take corrective action under this Agreement. SCALIBIT bears no obligation to identify, locate, contact, or notify any Downstream User and shall not be considered a hosting provider or intermediary with respect to such Downstream Users.

  The Customer shall implement and enforce appropriate policies, contractual terms, and technical measures necessary to ensure that all Downstream Users comply with this Agreement, applicable law, and all abuse, copyright, and legal compliance requirements relating to any SCALIBIT Service leased, used, managed, or resold by the Customer. For purposes of this Agreement, any act or omission of a Downstream User shall be deemed the act or omission of the Customer. The Customer remains fully liable toward SCALIBIT for all activity conducted through the Services, regardless of whether such activity was performed by the Customer or its Downstream Users. SCALIBIT recognizes only the Customer as its contractual counterparty and bears no responsibility to identify, verify, or interact with any Downstream User.

• 21.2.7 Forwarding of Notices

  It is SCALIBIT’s policy to forward any valid copyright infringement notices received in connection with a Service Provider customer directly to that customer’s designated DMCA Agent. SCALIBIT may also provide copyright claimants with the identity and contact details of such Agent as permitted by applicable law. Failure to maintain compliance with this Section constitutes a material breach of this Agreement.

  SCALIBIT shall forward qualifying notices within a commercially reasonable time after receipt, subject to verification of formal sufficiency, abuse filtering, and security validation procedures.

  SCALIBIT is not required to process or forward incomplete, unverifiable, automated, bulk, or abusive submissions. Any delay resulting from verification, classification, or abuse-prevention review shall not constitute actual knowledge of specific infringement nor a failure to act expeditiously under applicable safe-harbor laws.

• 21.2.8 Content Access Disabling Process

  Upon receiving a substantially compliant DMCA notice or a valid court order or other binding legal process issued by a competent authority, SCALIBIT will notify the Customer and require corrective action. Customers must promptly remove or disable access to infringing material upon notification. Where the Customer fails to act, SCALIBIT may restrict network accessibility, suspend the affected Service, or terminate the Service in order to ensure legal compliance and protect network integrity. SCALIBIT does not perform file-level removal, content editing, or selective blocking of individual materials within Customer-controlled environments.

  Safe Harbor Protection: Actions taken by SCALIBIT in forwarding notices and enforcing service-level restrictions are undertaken in good faith to maintain network integrity and legal compliance. Such actions do not constitute editorial control over Customer content and are intended to preserve applicable intermediary liability protections under Section 230 of the CDA and the DMCA Safe Harbor framework.

  SCALIBIT does not adjudicate ownership, fair use, licensing status, or the legal validity of claims, which remain solely between the claimant and the Customer.

• 21.2.9 Additional CDA Clarification

  Consistent with Section 230 of the Communications Decency Act, SCALIBIT is immune from claims arising from third-party content transmitted or made available by Customers using the Services. This immunity includes protection from claims of defamation, invasion of privacy, or other torts based on customer-generated content. This immunity also extends to actions taken in good faith to restrict or discontinue Services, network connectivity, or resource availability in response to potentially unlawful or harmful activity, as permitted under Section 230(c)(2), without assuming responsibility for the underlying content.

• 21.2.10 Extended Access Disabling Process

  In connection with DMCA compliance, SCALIBIT may require the Customer to take corrective action regarding allegedly infringing material identified in a substantially compliant DMCA notice or a valid court order or other binding legal process issued by a competent authority. If the Customer does not act within the required timeframe, SCALIBIT may restrict connectivity, suspend Services, revoke IP address allocations, or terminate the Service. SCALIBIT does not access, monitor, review, or pre-screen Customer content and does not directly remove files except where legally compelled or technically unavoidable. SCALIBIT’s role is limited to technical facilitation and lawful compliance procedures.

  Nothing in this Section shall obligate SCALIBIT to monitor, review, or pre-screen customer content. SCALIBIT’s role is limited to technical facilitation and lawful compliance with takedown obligations.

  Customers acknowledge that SCALIBIT has no practical ability to inspect or evaluate the legality of Customer content within Customer-controlled environments.

• 21.2.11 Knowledge Standard

  For purposes of intermediary liability, SCALIBIT shall be deemed to have actual knowledge of allegedly unlawful content only upon receipt of a substantially compliant notice meeting the requirements of 17 U.S.C. § 512(c)(3), a valid court order or other binding legal process issued by a competent authority that specifically identifies the affected Service and the precise material at issue.

  General complaints, automated reports, third-party allegations, abuse notifications, or informal communications do not constitute legal knowledge of unlawful content and do not impose a monitoring, investigation, or verification obligation on SCALIBIT.

  SCALIBIT has no duty to proactively inspect, analyze, or determine the legality of data within Customer-controlled environments. Responsibility for evaluating legality, authenticity, and permissibility of content remains solely with the Customer leasing, accessing, using, managing, administering, or otherwise operating the Service.

  Actions voluntarily taken by SCALIBIT to protect network stability, security, or legal compliance shall not be interpreted as evidence of editorial control, monitoring activity, or legal knowledge of Customer content.

  SCALIBIT shall not be deemed to have “red flag knowledge,” constructive knowledge, or awareness based solely on general allegations, automated detection systems, or unverified third-party claims, and such information shall not by itself impose any duty to investigate, monitor, or take action in the absence of a substantially compliant notice or binding legal process.

21.3 Publicly Accessible Content Transmitted Through the Services

• 21.3.1 You acknowledge that any content, data, applications, websites, services, or materials made publicly accessible through resources provided by the Services (including servers, virtual machines, cloud instances, IP address allocations, or network connectivity) may be accessed by third parties on the Internet. SCALIBIT does not control, restrict, or supervise access to such content and bears no responsibility for how third parties view, copy, use, or interact with material made publicly available by the Customer.

• 21.3.2 The Customer may remove or restrict access to its content at any time within the Customer-controlled environment. However, SCALIBIT cannot ensure removal of cached, mirrored, archived, or independently stored copies created by third-party networks, search engines, or external systems beyond SCALIBIT’s infrastructure.

• 21.3.3 Any personal data or sensitive information transmitted, stored, processed, or made accessible by the Customer through the Services remains solely under the Customer’s control and responsibility. SCALIBIT processes only limited technical and account data as described in the Privacy Notice and does not determine the nature or legality of Customer content.

• 21.3.4 The Customer authorizes SCALIBIT to perform technical transmission, routing, caching, packet handling, load balancing, or protocol adaptation necessary for network operation. Such automated processes are purely technical in nature and do not constitute inspection, monitoring, analysis, or review of the substance or legality of Customer content.

• 21.3.5 Any communications sent directly to SCALIBIT (including support inquiries, abuse reports, or operational requests) are processed solely for service administration purposes and do not grant SCALIBIT any ownership, editorial role, or control over Customer content or activities.

21.4 Security

You agree not to circumvent, disable, or otherwise interfere with the security-related features of SCALIBIT’s network, systems, website, client portal, APIs, or Services — including authentication mechanisms, access controls, resource usage limitations, network protections, abuse prevention measures, or service integrity safeguards.

You further agree not to probe, scan, test, or attempt to discover vulnerabilities in any SCALIBIT infrastructure, nor to breach or attempt to breach any security, routing, filtering, or authentication mechanisms.

SCALIBIT, together with its upstream network operators and data center providers, provides security controls solely at the infrastructure and network connectivity level. Services are provided as customer-controlled computing environments, and SCALIBIT does not manage or secure the operating system, applications, accounts, authentication mechanisms, configurations, or data within Customer environments.

SCALIBIT does not provide intrusion prevention, malware protection, vulnerability management, account security, access policy enforcement, or content protection inside Customer-managed environments. Responsibility for system hardening, patching, firewall configuration, credential security, access control, monitoring, and all data protection measures remains solely with the Customer.

For the avoidance of doubt, “credentials” and “authentication mechanisms” refer solely to digital access controls such as usernames, passwords, API keys, SSH keys, tokens, multi-factor authentication settings, and similar technical account access mechanisms. SCALIBIT does not manage, administer, or secure the operating system, applications, accounts, authentication mechanisms, configurations, or data within Customer environments.

Due to the nature of leased infrastructure and upstream network dependencies, certain physical, network-layer, or routing-level actions may be performed by upstream providers in accordance with their policies, legal obligations, or operational requirements.

Any unauthorized access, interference, or exploitation of the Services constitutes a material breach of this Agreement and may result in immediate suspension or termination of Services, and potential civil or criminal liability under applicable law.

22. SCALIBIT’S USE OF USER CONTENT

The provisions in this section apply specifically to SCALIBIT’s use of User Content posted to SCALIBIT-operated websites (i.e., websites or systems that SCALIBIT directly controls or maintains). These provisions do not transfer or diminish any ownership or licensed rights (including intellectual property rights) that you may hold in content hosted on your own websites or environments. SCALIBIT acts solely as a technical and infrastructure provider and does not claim ownership of User Content hosted on Customer-managed systems.

22.1 In General

You are solely responsible for any and all User Content that you submit, upload, post, or transmit through your Account and for any consequences arising from its distribution. You represent and warrant that you possess all rights necessary to authorize SCALIBIT to process, host, or display such content in accordance with this Agreement.

22. SCALIBIT’S USE OF USER CONTENT

The provisions in this Section apply exclusively to User Content voluntarily submitted to SCALIBIT-operated interfaces (such as websites, client areas, or support systems) that SCALIBIT directly maintains and administers. These provisions do not transfer, limit, or affect any ownership or intellectual property rights that you retain in content stored, processed, or operated within your own services or computing environments.

SCALIBIT provides independently operated infrastructure services and does not act as the publisher, editor, or controller of Customer-hosted data. SCALIBIT does not claim ownership, authorship, or proprietary interest in any User Content residing within Customer-controlled systems.

22.1 In General

You remain solely responsible for any User Content that you submit through SCALIBIT-operated interfaces and for any consequences arising from its submission or distribution. You represent and warrant that you possess all rights necessary to allow SCALIBIT to technically store, transmit, or display such submissions within the normal functionality of the Services.

22.2 User Submissions & User Reviews

• 22.2.1 User Submissions and/or User Reviews are voluntary and may be publicly displayed on SCALIBIT-operated websites or associated service portals (including customer dashboards, documentation areas, or testimonial sections).

• 22.2.2 Submitting any User Submission or Review does not create a confidential relationship between you and SCALIBIT, nor obligate SCALIBIT to treat the material as confidential. You acknowledge that SCALIBIT may independently develop materials similar in concept to any submission.

• 22.2.3 SCALIBIT has no obligation—express or implied—to use, publish, or display any User Submission or Review, and no compensation or attribution is owed for voluntary submissions.

• 22.2.4 By submitting or posting User Submissions or Reviews, you grant SCALIBIT a perpetual, worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to reproduce, display, adapt, translate, distribute, and publish such material solely in connection with the operation, improvement, or promotion of the Services, without additional compensation or approval.

• Publicity Rights: By submitting a User Review, you grant SCALIBIT the right to use your first name, city, and/or company name (if provided) in connection with publication of the Review for informational or promotional purposes. Public reviews are considered non-confidential.

SCALIBIT’s rights under this Section are limited strictly to material voluntarily submitted to SCALIBIT-operated platforms. These provisions do not extend to any data, files, or content stored within services leased from, used through, administered via, or otherwise operated by the Customer on SCALIBIT infrastructure, including but not limited to Dedicated Servers or Bare Metal Servers, Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, and GPU Servers.

22.3 User Content (Other Than User Submissions/User Reviews)

Where the Customer stores, processes, transmits, or operates software, databases, applications, or other workloads using the Services, the Customer retains full and exclusive ownership of all intellectual property and proprietary rights in its User Content. SCALIBIT does not claim any title, ownership, or possessory interest in data, files, or materials residing within Customer-controlled computing environments.

Dedicated Servers, Bare Metal Servers, Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, and GPU Servers constitute customer-operated computing environments. The Customer acts as the sole operator and controller of such environments and of all data processed therein.

SCALIBIT provides infrastructure services only and does not act as a publisher, editor, or interpreter of Customer data. Customer content is technically opaque to SCALIBIT and is not meaningfully readable, reviewed, or evaluated by SCALIBIT in the normal operation of the Services.

SCALIBIT does not routinely access, inspect, analyze, monitor, or administer Customer content. The Services are designed as customer-controlled computing infrastructure rather than content-processing platforms.

Any access to Customer data may occur solely on an exceptional basis where strictly required to comply with a binding legal obligation or to address an immediate and verifiable threat to the security or integrity of the Services. Such access, if required, is limited in scope and duration to what is technically necessary.

Support-related diagnostic information voluntarily submitted through support channels (such as configuration snippets or error outputs) is used only for troubleshooting and service reliability purposes. SCALIBIT may derive anonymized technical patterns from such submissions to improve documentation or tooling, but does not disclose identifiable Customer data, credentials, or payload content to third parties.

No AI Training on Private Data: SCALIBIT does not use Customer-hosted data to train, fine-tune, or develop machine learning or artificial intelligence models.

Accordingly, SCALIBIT shall not be deemed to possess, control, or have knowledge of Customer data solely by virtue of providing infrastructure resources, connectivity, routing, or IP address allocation.

23. STORAGE AND SECURITY

Your use of the Services is subject to the terms of our Privacy Notice. By using the Services, you acknowledge that you have read, understood, and agree to the processing of your personal data in accordance with the Privacy Notice and applicable data protection laws.

You are solely responsible for maintaining the confidentiality and security of your Account credentials, including but not limited to your username, password, API keys, authentication tokens, and support PINs. You must not share your login details with any person or entity. You agree that all actions performed through your Account—whether by you or anyone using your credentials—are your sole responsibility, including any content transmitted, hosted, or stored on SCALIBIT servers and any charges incurred therefrom.

API and Token Security: You acknowledge that any API keys or access tokens generated through your Account grant full administrative access to Your Services. You are solely responsible and liable for all actions, resources provisioned, and data accessed through Your API keys, regardless of whether such actions were performed by You or by any third party who obtained access due to Your failure to safeguard such credentials. SCALIBIT recommends rotating credentials regularly and using IP-restricted API access where available.

You are solely responsible for taking appropriate measures to: (i) prevent any loss or damage to your Content; (ii) maintain independent archival and backup copies of your Content; (iii) ensure the security, confidentiality, and integrity of your Content transmitted to or stored on SCALIBIT’s infrastructure; and (iv) protect the confidentiality of your credentials and access tokens. SCALIBIT’s servers are not designed to function as a data archive or long-term backup service.

SCALIBIT shall not be liable for any loss, corruption, or destruction of data or Content stored, transmitted, or hosted through the Services. You acknowledge that data transmission and storage over the Internet inherently involve security and privacy risks beyond SCALIBIT’s control. While SCALIBIT implements commercially reasonable technical and organizational measures to protect its network and systems, it cannot guarantee absolute security or immunity from intrusion.

No Liability for Advanced Threats: SCALIBIT shall not be liable for security breaches, data exposure, or service disruption arising from unknown or undisclosed software vulnerabilities (including Zero-Day exploits), third-party software or hardware defects, supply-chain compromises, force majeure events, or sophisticated attacks (including state-sponsored or highly advanced persistent threats) that exceed commercially reasonable and industry-standard security measures.

SCALIBIT shall have no responsibility for security incidents, data loss, or unauthorized access caused by your actions, omissions, or failure to comply with this Agreement. You acknowledge that any violation of system or network security may result in civil or criminal liability under applicable laws, including but not limited to the U.S. Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.), and relevant international cybersecurity statutes.

Unauthorized access to or interference with SCALIBIT servers, systems, or networks is strictly prohibited and constitutes a material breach of this Agreement and the Acceptable Use Policy (AUP). You agree not to probe, scan, or test the vulnerability of any system, attempt to gain unauthorized access, alter, manipulate, or otherwise compromise SCALIBIT’s hardware or software, or engage in any other unauthorized activity commonly known as “hacking.”

In the event of any suspected or confirmed security violation, SCALIBIT reserves the right to: (i) immediately suspend or terminate your Account; (ii) notify system administrators at affected networks or facilities; and (iii) cooperate with law enforcement, regulatory authorities, recognized incident response organizations, and the security teams of the upstream data center providers housing the Services/servers and through which the assigned IP addresses are announced. SCALIBIT may disclose only such customer account information, service metadata, IP allocation records, and access logs as are lawfully available to SCALIBIT, and solely upon receipt of a valid and verifiable legal request or where required to mitigate an active security threat, in accordance with applicable data protection and privacy laws.

Emergency Lockdown: In the event of a suspected compromise or an ongoing attack originating from Your Account, SCALIBIT reserves the right to initiate an immediate "Lockdown" or "Emergency Shutdown" of Your Services without prior notice. This action is taken to prevent further damage to SCALIBIT’s infrastructure and the Internet at large. SCALIBIT shall not be liable for any downtime or data loss resulting from such defensive measures.

24. BACKUPS AND DATA LOSS (BACKUP & DATA RETENTION POLICY)

24.1 Customer Sole Responsibility; No Backup Service

SCALIBIT does not provide, perform, or guarantee any backup service for any service category. This includes, without limitation: Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

Your use of SCALIBIT’s Services and the storage of data thereon is at your sole risk. You agree to take full and exclusive responsibility for all files and data transferred to and stored on SCALIBIT servers, and to maintain all appropriate independent, off-site backups of your files and data at all times. SCALIBIT is not responsible for files and/or data residing on your account, regardless of the cause of loss.

SCALIBIT makes no guarantee or warranty as to the date, accuracy, integrity, completeness, currency, or availability of any data or files.

It is solely the Customer’s duty and responsibility to back up all files and data stored on SCALIBIT servers. Under no circumstances shall SCALIBIT be liable, under any legal theory, for the loss, corruption, or unavailability of Customer files or data.

Hardware Failures and Data Loss. SCALIBIT shall not be held responsible or liable for any data loss, corruption, or unavailability resulting from hardware or system failures — including but not limited to hard drive malfunction, RAID controller failure, power supply defects, or other component damage. While SCALIBIT employs enterprise-grade hardware and redundancy measures, no hardware or storage medium is immune to failure. Customers are solely responsible for maintaining their own off-site or independent backups to prevent data loss.

Redundancy is Not Backup: The Customer acknowledges that hardware-level redundancy measures such as RAID (Redundant Array of Independent Disks), mirroring, or high-availability clusters are implemented for service continuity and uptime purposes only. RAID is NOT a backup solution. RAID does not protect against data corruption, accidental deletion, hacking, or software-level errors. The Customer remains solely responsible for maintaining external, point-in-time backups.

24.2 Data Retention and Deletion upon Termination

For all SCALIBIT Services, upon suspension, expiration, cancellation, or termination (including for non-payment or AUP violation), all data is permanently deleted as part of automated deprovisioning processes and is not recoverable through standard operational means. SCALIBIT does not retain any post-termination backups or archival copies. IP addresses (IPv4/IPv6) may be reassigned to other customers immediately after cancellation or termination.

In the event that a paid backup, snapshot, or data protection service is offered in connection with server services — which may not be available at all times or may be available only in certain server locations — such service, if purchased, is provided strictly on a best-effort, no-warranty basis. The availability of any backup feature does not alter the Customer’s primary and exclusive obligation to maintain independent, off-site backups at all times. No guarantee is made regarding backup frequency, completeness, integrity, retention, or successful restoration.

The "Instant Purge" Policy: The Customer acknowledges that SCALIBIT’s automated systems are designed to re-image and wipe drives immediately upon service termination to protect the privacy of the next customer. No data "grace period" exists after the service end date.

You must maintain your own independent, off-site backups at all times; any optional backup add-ons do not replace this obligation, and restoration is not guaranteed.

24.3 No Liability for Data Loss or Damages

SCALIBIT shall not, under any circumstances, be liable for any loss of data, loss of access, corruption, downtime, loss of business, loss of profits, or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to data loss, service unavailability, backup failure, or system malfunction, regardless of cause, including but not limited to hardware failure, human error, software bugs, network interruption, or third-party actions.

All data management, retention, and backup responsibilities rest solely with the Customer. No refunds, credits, or compensations of any kind shall be provided for data loss, backup failure, or service interruption, whether arising in contract, tort (including negligence), or otherwise. The Customer acknowledges and agrees that SCALIBIT’s infrastructure and services are provided strictly on an “as-is,” “as-available,” and “best-effort” basis without warranty or guarantee of data preservation.

In all cases, the Customer expressly waives any claim or right to compensation, restitution, or damages against SCALIBIT, its affiliates, employees, contractors, or upstream data center providers in connection with any actual or alleged data loss or corruption occurring on or in relation to the servers leased, used, or managed by the Customer, or the network infrastructure through which the IP addresses assigned to such servers are announced. This clause shall survive the termination, expiration, or suspension of Services.

Exclusion of Negligence: To the maximum extent permitted by applicable law, this exclusion of liability for data loss applies even if the loss is caused by SCALIBIT’s own negligence, technical error, or administrative mistake. By using the Services, You expressly waive the right to seek damages for data loss under any legal theory, including but not limited to contract, tort, or strict liability. If SCALIBIT attempts to assist in data recovery, such assistance is provided as a voluntary courtesy without any guarantee of success or assumption of liability.

25. THIRD-PARTY PRODUCTS AND SERVICES

In using the Services, you may be granted the ability to use SCALIBIT software and/or third-party software that SCALIBIT makes available for your use. You may also choose to add and use third-party software in connection with the Services. SCALIBIT may offer third-party products or services that require you to visit their websites to complete your purchase and/or agree to additional terms and conditions. In such cases, the following provisions apply.

25.1 Third-Party Providers

SCALIBIT may offer certain third-party products and services, which are subject to the terms and conditions of the respective third-party provider. Discounts, promotions, and special third-party offers may include additional restrictions and limitations imposed by the provider. You should confirm the applicable terms of any purchase or use of goods and services directly with the third-party provider.

SCALIBIT makes no representations or warranties regarding, and shall not be liable for, the quality, availability, or timeliness of any goods or services provided by third-party providers. All transactions with third-party providers are undertaken at your sole risk. SCALIBIT does not warrant the accuracy or completeness of any information regarding third-party providers and is not an agent, representative, trustee, or fiduciary of you or any third-party provider in such transactions.

25.2 SCALIBIT’s Non-Exclusive Right to Use

If you have been granted permission or the ability to use software from SCALIBIT, SCALIBIT grants you a limited, non-exclusive, non-transferable, and non-assignable right to use the software for ordinary and customary purposes. You may use the software solely within the scope of the Service or system for which it is provided. You agree not to alter, modify, reverse-engineer, decompile, or otherwise attempt to obtain the source code. You are not authorized to combine the software with other programs, create derivative works, or integrate plug-ins or enhancements relying upon the software.

SCALIBIT reserves all rights to such software. The software and any authorized copies are the intellectual property of SCALIBIT and are protected by copyright law. Except as expressly provided herein, no rights or ownership are transferred, and all rights remain with SCALIBIT. The software and any related services are provided “as is” and “as available,” without warranties of any kind, express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose.

25.3 SCALIBIT as Reseller or Licensor

SCALIBIT may act as a reseller or licensor of certain third-party hardware, software, or equipment used in connection with the Services (“Non-SCALIBIT Products”). SCALIBIT shall not be responsible for any changes to the Services that cause such products to become obsolete or require modification. Any malfunction or manufacturer defect of Non-SCALIBIT Products sold, licensed, or provided by SCALIBIT shall not constitute a breach of this Agreement. Any rights or remedies regarding ownership, licensing, performance, or compliance of any Non-SCALIBIT Product are limited to those granted by the manufacturer. You may use Non-SCALIBIT Products only in connection with the Services and agree not to copy, modify, reverse-engineer, resell, or export them in violation of applicable law.

SCALIBIT does not provide technical support, maintenance, updates, or warranties for Non-SCALIBIT Products beyond any obligations expressly stated by the original manufacturer or licensor.

Third-Party Price Fluctuations: SCALIBIT reserves the right to adjust the pricing of Third-Party Products (such as software licenses or external storage fees) at any time to reflect price increases imposed by the original manufacturers or licensors. Such price adjustments do not constitute a breach of this Agreement.

25.4 Third-Party Software Use

SCALIBIT may provide third-party software to facilitate easier account management. Such software is provided “as is” and “as available,” with no guarantee of specific results or functionality. SCALIBIT is not responsible for any defects or operational issues in such software. You agree that your use of third-party software shall comply with all relevant third-party license terms. Failure to comply may result in immediate suspension or termination of your Services.

You may install and use third-party software on your account only if it is compatible with SCALIBIT’s systems and approved by SCALIBIT. Your use of such software is entirely at your own risk. SCALIBIT does not control, support, or guarantee the performance of any third-party software and shall have no liability for any loss, data corruption, or service disruption resulting from its use. SCALIBIT reserves the right, at its sole discretion, to suspend or remove access to any third-party software at any time.

Customer-Installed Software: If You install any third-party software on Your Account, You represent and warrant that You have the legal right to use such software. SCALIBIT is not responsible for any security breaches or system instabilities caused by software installed by the Customer. If Customer-installed software causes harm to SCALIBIT’s network or other users, SCALIBIT may remove the software or suspend the Service immediately without notice.

You are solely responsible for obtaining and maintaining any required licenses or payment of applicable fees to third-party software providers beyond SCALIBIT’s initial setup.

SCALIBIT reserves the right to prohibit or remove any third-party software that poses a security, stability, compliance, or legal risk, including but not limited to cryptocurrency miners, cracking tools, kernel-level modules, exploit frameworks, or software designed to bypass system or license controls.

End-of-Life (EOL) Software: SCALIBIT reserves the right to discontinue support or remove any third-party software that has reached its "End-of-Life" or is deemed a security risk by the developer. The Customer is responsible for migrating their data to a supported version at their own expense.

25.5 Third-Party Websites

The Services may contain links to external websites not owned or controlled by SCALIBIT (“Third-Party Sites”), as well as content, media, or information originating from third parties (“Third-Party Content”). SCALIBIT is not responsible for and does not monitor or verify the accuracy, legality, or appropriateness of any Third-Party Sites or Third-Party Content. Accessing such sites or content is at your own risk, and you are subject to the applicable third-party terms, privacy policies, and data-processing practices. The inclusion of any Third-Party Site or Third-Party Content does not imply endorsement, sponsorship, or approval by SCALIBIT.

SCALIBIT assumes no responsibility for the content, terms, or practices of any Third-Party Site. SCALIBIT does not censor or edit third-party content. By using the Services, you expressly release SCALIBIT from any and all liability arising from your interaction with third-party websites or their offerings. You should always review the relevant third-party terms and privacy policies before engaging with them. As between you and SCALIBIT, this Agreement and all applicable SCALIBIT policies govern your relationship with SCALIBIT.

26. THIRD-PARTY CONTENT

If you choose to sell or resell advertising or web space to a third party, you are solely responsible for that advertising’s content and the actions of the third party. SCALIBIT reserves the right, in its sole and reasonable discretion, to reject or remove any advertising or content that is illegal, offensive, defamatory, or otherwise violates SCALIBIT’s policies or this Agreement. Such violations may result in suspension or immediate termination of your account.

Reseller Responsibility: You acknowledge that any breach of this Agreement or SCALIBIT’s Policies by Your third-party users or advertising clients shall be deemed a breach by You. The Customer may not rely on defenses such as lack of knowledge, lack of intent, or unauthorized sub-user activity to avoid responsibility under this Agreement. You are responsible for ensuring that all third parties using Your allocated resources comply with this Agreement.

Third-Party Indemnification: You agree to defend, indemnify, and hold SCALIBIT harmless from any third-party claims, lawsuits, or regulatory penalties arising from content or activities originated by Your sub-users or advertising clients. If a sub-customer’s or downstream user’s activity results in a legal demand, abuse complaint, or service disruption, SCALIBIT reserves the right to terminate Your entire account, including all associated sub-accounts, without refund.

Downstream Legal Compliance: You are solely responsible for ensuring that Your third-party users comply with the laws and regulations of the countries where the upstream data center providers housing the Services/servers and through which the assigned IP addresses are announced are physically situated. Any violation by a third party using Your resources is Your direct responsibility.

27. PRIVACY

SCALIBIT’s Privacy Notice, incorporated herein by reference, applies to all Services. The Privacy Notice defines your rights and SCALIBIT’s responsibilities regarding the processing of personal information within SCALIBIT’s own administrative systems (including account, billing, authentication, and support data). SCALIBIT will not use or disclose such information in any manner inconsistent with the purposes or limitations described in the Privacy Notice, except where required by applicable law or upon receipt of an official, lawful, and verifiable request from competent authorities — including but not limited to law enforcement agencies, prosecutors, or courts.

Non-Notification of Disclosure: In accordance with applicable criminal procedure, regulatory, and national security laws, SCALIBIT may be prohibited from notifying the Customer when service-related records or lawfully available information are disclosed to government authorities. You acknowledge and agree that such notification may be restricted or delayed by law.

You acknowledge and agree that SCALIBIT may modify the Privacy Notice from time to time. Continued use of the Services after such modifications become effective constitutes acceptance of the updated terms. If you do not agree to any such modification, you may discontinue use of the Services or terminate this Agreement in accordance with its terms, subject to applicable law.

You represent and warrant that you have provided notice to, and obtained all legally required consents from, any third-party individuals whose personal data you supply or process in connection with the Services, including with respect to the purposes of processing, recipients, data categories, and applicable rights. You remain solely responsible for the lawfulness, accuracy, and validity of such data.

Data Processing Roles:
With respect to Customer-controlled servers, virtual machines, cloud environments, and infrastructure resources leased, used, and managed by the Customer:

• The Customer acts as the sole and independent Data Controller for all hosted content and personal data processed within such systems.
• SCALIBIT acts solely as an infrastructure provider and does not routinely access, process, or control such data.

SCALIBIT shall be considered a Data Processor only in exceptional circumstances where the Customer explicitly requests technical support that requires temporary system-level access, and only for the limited duration and scope of such support activities, in accordance with SCALIBIT’s Data Processing Agreement (DPA).

SCALIBIT has no direct relationship with the Customer’s end users and shall not be responsible for responding to data subject access, correction, or deletion requests relating to Customer-hosted data. All such obligations remain solely with the Customer under applicable data protection laws.

28. INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA NOTIFICATIONS

28.1 DMCA Copyright

SCALIBIT does not permit copyright-infringing activities or violations of intellectual property rights on its infrastructure or Services. Pursuant to the safe-harbor provisions established by the Digital Millennium Copyright Act of 1998 (“DMCA”) and equivalent international laws, SCALIBIT will take prompt and appropriate action upon receipt of a valid, complete, and verifiable notice of infringement. For detailed procedures, please refer to our DMCA Copyright Policy. Such action may include notifying the relevant customer, requesting removal of the infringing material, and, if no corrective action is taken within the specified timeframe, temporarily suspending or disabling access to the affected service. SCALIBIT does not directly modify or delete customer content except where required by applicable law, court order, or valid DMCA or equivalent legal process.

28.2 Trademark or Copyright Claims

SCALIBIT is a neutral infrastructure provider that respects the intellectual property rights of others. To the extent SCALIBIT receives a valid and substantiated complaint concerning infringement of copyright, trademark, or other intellectual property rights, SCALIBIT reserves the right to access, preserve, and disclose to authorized third parties any relevant customer information or data (including personally identifiable information and private communications) if such disclosure is reasonably necessary, proportionate, and lawful to respond to, verify, or resolve the complaint. All such disclosures are made strictly in accordance with applicable privacy and data-protection laws.

SCALIBIT expressly reserves the right to terminate, in appropriate circumstances, an account or customer access for repeated copyright or intellectual property infringement. SCALIBIT also reserves the right to suspend or terminate an account after a single substantiated incident where required by law or necessary to protect network integrity or prevent ongoing violations.

If you wish to submit (a) a trademark claim for infringement of a valid, registered mark, or (b) a copyright claim for material protected under your bona fide copyright ownership, please refer to SCALIBIT’s DMCA Copyright Policy for submission details.

Mistaken Takedown Liability: SCALIBIT shall not be liable to the Customer for any loss of business, data, or revenue resulting from SCALIBIT’s good-faith removal or disabling of access to material in response to a DMCA notice, even if the material is later determined to be non-infringing.

28.3 Limited Scope of SCALIBIT’s Control Over Customer Systems

SCALIBIT’s role is limited to receiving and relaying valid legal or DMCA notices to the affected Customer and facilitating compliance in accordance with applicable law.

For all service types — including infrastructure services leased, used, and managed by Customers such as: Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-oriented bare-metal deployments), SCALIBIT does not host, create, select, modify, edit, or control Customer content.

SCALIBIT does not perform content-level inspection or monitoring and does not have routine access to data stored within Customer-controlled servers. Customer content resides on infrastructure and network segments operated by upstream data center providers and network infrastructure providers that physically host the servers and announce the IP address resources assigned to such servers.

The Customer remains solely responsible for investigating, addressing, removing, or disabling any allegedly infringing material within forty-eight (48) hours of receipt of a valid notice, unless a shorter response time is required by applicable law or court order.

If the Customer fails to respond or achieve compliance within the required timeframe, SCALIBIT reserves the right, where legally required or operationally necessary, to take proportionate enforcement measures to protect its infrastructure, legal standing, and upstream relationships, including:

• requesting upstream data center providers or network infrastructure providers to temporarily suspend network connectivity,
• restricting public network exposure (e.g., disabling HTTP/FTP/SMTP/SSH ingress or egress),
• isolating affected IP addresses, or
• suspending, restricting, or terminating the affected Service.

Such actions, where taken, are performed without accessing, reviewing, inspecting, or altering the substance of Customer data or hosted content.

SCALIBIT does not evaluate datasets, hosted material, or generated outputs for originality, copyright ownership, infringement detection, or fair-use qualification.

SCALIBIT may cooperate with law enforcement authorities, courts, rights-holders, or regulatory bodies where required by law or pursuant to a valid legal process.

SCALIBIT shall not be held liable for any user-generated content, data, or materials hosted, transmitted, or made available through any customer-managed system or service. This limitation applies in accordance with all safe-harbor protections and intermediary-liability exemptions provided under applicable national and international law.

All content hosted, stored, or transmitted through SCALIBIT Services is the sole legal and operational responsibility of the Customer. SCALIBIT assumes no liability whatsoever for such content or for any actions, omissions, or consequences arising from the Customer’s use of its Services.

SCALIBIT acts in full compliance with the notice-and-takedown provisions of 17 U.S.C. § 512(c) (DMCA) and equivalent safe-harbor regimes under international law, including the EU Digital Services Act, UK Online Safety Act, and comparable intermediary protections.

For AI, GPU & Specialized Compute Hosting services (including GPU Cloud Instances, AI Training Clusters, HPC Nodes, and Dedicated AI Bare Metal Servers), SCALIBIT does not have access to, nor the ability to examine, monitor, decode, or review any stored, hosted, or transmitted datasets, model checkpoints, training logs, or generated outputs — whether encrypted, proprietary, licensed, or custom-trained by the Customer.

SCALIBIT’s role is strictly limited to forwarding valid DMCA or legal notices to the Customer. The Customer bears full responsibility to examine relevant content, investigate possible infringement, and take necessary corrective actions — including content removal, dataset adjustment, retraining, or service suspension — within the specified timeframe.

If the Customer fails to respond or remediate within forty-eight (48) hours (or within a shorter timeframe where required by applicable law or court order), SCALIBIT may — without accessing, inspecting, or altering the substance of any user data or datasets — temporarily suspend network access, restrict public exposure (e.g., disable HTTP/FTP/SSH ingress/egress), or fully disable the affected AI/GPU system until compliance is confirmed. SCALIBIT does not analyze datasets or generated outputs for originality, infringement detection, or fair-use claims.

Emergency Take-Down: Notwithstanding the 48-hour notice period, SCALIBIT reserves the right to request immediate access restriction through its upstream providers without prior notice if the reported infringement is of a severe or time-sensitive nature, involves criminal activity, or if SCALIBIT determines that delay could result in significant legal liability, regulatory penalties, or infrastructure disruption.

28.4 AI-Generated, Synthetic, and Automated Content in Copyright & DMCA Context

Any content that is created, co-created, modified, assisted, or transformed using artificial intelligence (AI), machine learning (ML), large language models (LLMs), generative models, or synthetic media tools — including, but not limited to, text, code, audio, video, images, animations, or other multimedia (“AI-Generated Content”) — is treated as User Content for purposes of this Agreement and is subject to the same intellectual-property, DMCA, and takedown rules as any other Customer content.

Customer Responsibility. SCALIBIT does not review, validate, or determine authorship, originality, or protectability of AI-Generated Content and does not provide legal advice regarding whether such content is eligible for copyright protection in any jurisdiction. You are solely responsible for ensuring that any AI-Generated Content you create, host, or distribute via the Services:

• Does not unlawfully reproduce, closely imitate, or derive from third-party works (including training materials, proprietary datasets, copyrighted text, music, images, videos, trademarks, or logos) in a way that infringes applicable copyright, trademark, or related rights.

• Does not violate moral rights, personality rights, privacy or publicity rights, or any contractual or licensing restrictions applicable to the source material used to produce such AI-Generated Content.

• Is used, labeled, and disclosed in compliance with all applicable laws, regulations, and platform rules governing synthetic media, deepfakes, manipulative content, or automated messaging — including election integrity rules, consumer-protection standards, and transparency requirements where applicable.

Rights-holders may submit DMCA or similar takedown notices with respect to AI-Generated Content on the same basis as non-AI content. SCALIBIT will handle such notices in accordance with its DMCA Copyright Policy and applicable law, without undertaking any independent originality or fair-use analysis beyond what is required to process a valid notice or counter-notice.

You acknowledge that using SCALIBIT Services to train, fine-tune, or operate AI systems — or to mass-generate content — does not transfer any third-party intellectual property rights to you, and does not grant you any license to reuse copyrighted or protected material beyond what is permitted by law or applicable licenses. Any dispute regarding whether AI-Generated Content constitutes fair use, a derivative work, or an infringement is strictly between you and the relevant rights-holder. SCALIBIT’s role remains limited to that of a neutral infrastructure provider operating under applicable safe-harbor frameworks.

All content hosted, stored, or transmitted through SCALIBIT Services is the sole legal and operational responsibility of the Customer. SCALIBIT assumes no liability whatsoever for such content or for any actions, omissions, or consequences arising from the Customer’s use of its Services.

SCALIBIT does not review, monitor, pre-screen, or verify whether any AI-generated datasets, training sources, model outputs, or synthetic media infringe third-party rights or qualify as fair use, derivative work, or non-infringing material. SCALIBIT has no obligation to monitor customer content or make independent legal assessments. Any determination regarding copyright ownership, infringement, derivative use, licensing, or lawful usage remains strictly between the Customer and the rights-holder. SCALIBIT is not a party to such disputes and acts solely as a neutral infrastructure provider under applicable safe-harbor protections.

SCALIBIT acts in full compliance with the notice-and-takedown provisions of 17 U.S.C. § 512(c) (DMCA) and equivalent safe-harbor regimes under international law, including the EU Digital Services Act, UK Online Safety Act, and comparable intermediary protections.

Safe Harbor Protection: SCALIBIT operates in full compliance with the safe-harbor and intermediary liability protections provided under 17 U.S.C. § 512 (DMCA), the EU Digital Services Act (DSA), and equivalent international frameworks. You acknowledge that SCALIBIT’s actions in relaying notices or requesting access restrictions to allegedly infringing material are taken in good faith to maintain these legal protections. SCALIBIT shall not be liable to the Customer for any loss of business, data, or revenue resulting from such compliance measures (even if the material is later determined to be non-infringing).

Indemnification for IP Claims: The Customer agrees to indemnify and hold SCALIBIT harmless from any and all costs, legal fees, and damages arising from third-party claims that User Content (including AI-Generated Content or training datasets) infringes upon any intellectual property, privacy, or publicity rights. This indemnity applies, to the maximum extent permitted by applicable law, regardless of whether the infringement was intentional or caused by automated AI processes.

29. ABUSE, SPAM & ENFORCEMENT; LIQUIDATED DAMAGES

Unless otherwise expressly stated, this Section 29 (Abuse, Spam & Enforcement; Liquidated Damages) applies to all SCALIBIT Services, including but not limited to Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

29.1 Overview

SCALIBIT enforces a strict zero-tolerance policy against spam, network abuse, malicious activity, or any conduct that may compromise the security, stability, or reputation of its infrastructure or other customers. SCALIBIT operates a dedicated Abuse Desk and relies on abuse reports, reputation signals, and infrastructure-level alerts (including notifications provided by upstream data center providers, network infrastructure providers, DDoS mitigation partners, and third-party blocklist operators) to preserve the integrity of its services. SCALIBIT does not inspect content payloads, perform packet capture, or maintain per-customer traffic-flow logs.

29.2 Definition of Spam and Prohibited Communications

“Spam” includes any Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) sent without prior verified consent. Prohibited activities include, but are not limited to:

• Sending unsolicited commercial or bulk messages, mail-bombing, or similar mass-messaging activity.

• Using SCALIBIT’s network or IPs to receive replies to unsolicited campaigns.

• Header, identity, or domain forgeries intended to deceive recipients.

• Relaying messages through open proxies, open relays, or compromised systems.

• Configuring servers to allow unauthenticated third-party mail relaying.

• “Spamvertising” or promoting any product/service through spam or abusive techniques.

• Phishing, fraudulent, deceptive, or malicious messaging via any medium (email, SMS, IM, or chat).

Customers must comply with all applicable laws, including the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, the EU ePrivacy Directive, and all equivalent international anti-spam and communications regulations.

29.3 Enforcement Actions

If SCALIBIT reasonably determines that a Service is used in connection with spam, abuse, or prohibited activity, it may take immediate enforcement action — including, but not limited to, null-routing, re-routing, rate-limiting, suspension, or termination of the affected Services. This applies to all SCALIBIT offerings: Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

Customers will be notified through their registered contact email or Client Area and must immediately confirm remediation. SCALIBIT may require a non-refundable reactivation fee before restoring suspended services. Repeated or unresolved abuse may result in permanent account termination without refund.

SCALIBIT reserves the right, but assumes no obligation, to investigate, respond to, or enforce compliance with this Agreement, including the Acceptable Use Policy (AUP), based on complaints, credible reports, or infrastructure-level alerts. Corrective or enforcement actions may include immediate suspension, throttling, or termination of Services to protect network stability and customers.

Abuse handling, notification, and remediation procedures follow Section 28 (DMCA/Abuse Policy). Customers are responsible for monitoring their registered contact address and responding within the defined timeframe.

29.3.1 Specialized Compute, GPU & Automated Abuse

For the avoidance of doubt, all high-performance compute services — including but not limited to GPU-equipped servers, high-frequency or high-core-count CPUs, and clusters used for AI, ML, LLM, or data-processing workloads — are fully subject to this Section 29, the Acceptable Use Policy, and the Anti-Spam & Abuse Policy. Use of SCALIBIT infrastructure for any of the following purposes is strictly prohibited and may result in immediate enforcement action without prior notice:

• Operating, controlling, or participating in botnets, DDoS “booter” or “stresser” services, credential-stuffing farms, brute-force clusters, vulnerability-scanning grids, or any other automated attack infrastructure — whether CPU- or GPU-accelerated.

• Running unauthorized cryptocurrency mining, proof-of-work / proof-of-capacity activities, or similar energy-intensive workloads in violation of SCALIBIT policy, the terms of upstream data center providers, or local regulations governing power usage and environmental or safety standards. Where such activities are expressly prohibited by the applicable jurisdiction, upstream data center provider, or SCALIBIT product description, any such activity is considered a material breach of this Agreement.

• Using AI, ML, LLMs, headless browsers, or other automated agents to conduct large-scale scraping, harvesting, or abusive interaction with third-party services, websites, or APIs in a manner that violates those services’ terms of use, applicable law, or reasonable rate limits, or that causes disruption or denial of service.

• Training, fine-tuning, hosting, or serving AI/ML/LLM models that are primarily designed or systematically used to generate, amplify, or distribute: (i) phishing campaigns or fraud schemes; (ii) malware, exploit code, or instructions intended to facilitate cybercrime; (iii) non-consensual deepfakes, doxing material, targeted harassment, or coordinated disinformation; or (iv) content that violates SCALIBIT’s zero-tolerance policies for CSAM, terrorism, or extreme violence (see Sections 17 and 21).

• Using SCALIBIT GPU, AI, or Specialized Compute infrastructure to orchestrate automated spam or messaging bots (including AI-generated phishing, bulk outreach tools, or automated account-creation systems) in violation of Section 18 (Acceptable Email Usage) and Section 17 (Acceptable Use Policy).

In cases of suspected Specialized Compute or GPU abuse, SCALIBIT may, in its sole discretion and without prior notice, immediately request its upstream data center providers or network infrastructure providers housing the Services/servers and through which the assigned IP addresses are announced to null-route traffic, rate-limit, or power off the affected systems. Such measures are taken to contain the incident and protect the broader infrastructure. SCALIBIT shall not be liable for any downtime or data loss resulting from these enforcement actions.

SCALIBIT may, where appropriate, permanently restrict or revoke access to GPU, AI, or other Specialized Compute products for any Customer involved in such abuse, in addition to the liquidated damages, remediation fees, and termination rights set forth in Sections 10, 17, 18, and 29.5 of this Agreement. Nothing in this Section limits SCALIBIT’s right to report suspected criminal activity to competent authorities or to cooperate with law enforcement under Section 37 (Legal & Law Enforcement Requests for Customer Information).

Automated Termination & Network Protection Measures: For high-risk abuse scenarios — including but not limited to active DDoS attacks, participation in botnets, malware distribution, large-scale spam campaigns, network scanning, or other activities posing an immediate threat to infrastructure stability — enforcement mechanisms and automated protection systems operated by upstream data center providers and network infrastructure providers may immediately suspend, restrict, null-route, rate-limit, or terminate affected services. Such actions may be taken with or without prior notice and, where applicable, in coordination with SCALIBIT, and without prior manual review.

29.4 Incident Notification & Cooperation

For incidents involving customer-managed environments — including Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes), SCALIBIT’s responsibility is strictly limited to its own underlying infrastructure and network integrity. All remediation, investigation, and resolution duties — including security response, malware removal, compliance reporting, and breach notification—rest solely with the Customer (see Section 16).

Upon receipt of a valid abuse or security report, SCALIBIT will forward the details (IP, domain, or service involved) to the Customer’s designated contact. The Customer must acknowledge the report, investigate, and confirm resolution within a reasonable timeframe. Failure to act may result in suspension or termination of the affected Service(s).

Repeated or severe incidents, or lack of cooperation, may result in permanent account termination. SCALIBIT may preserve logs and cooperate with competent authorities or law enforcement where required by law. Any disclosure will be strictly limited to the lawful scope of the request.

29.5 Remedies, Damages, and Fees

You agree that SCALIBIT may immediately suspend or terminate any Service determined, in its sole discretion, to be engaged in spam, abuse, malware distribution, phishing, or other prohibited activity.

If actual damages cannot be reasonably determined, you agree to pay liquidated damages of USD 500.00 per incident or USD 1.00 per spam/abuse event, whichever is greater, representing a reasonable pre-estimate of administrative, legal, compliance, reputational, and operational harm.

Blacklist Removal & Remediation Costs. In addition to liquidated damages, SCALIBIT reserves the right to recover all reasonable costs required to investigate, contain, and remediate abuse-related incidents, including third-party delisting fees, infrastructure mitigation costs, and engineering time.

Right to Offset: SCALIBIT reserves the right to automatically deduct any liquidated damages, blacklist fees, or remediation costs from the Customer’s existing account balance or charge the registered payment method. Failure to pay these fees within 24 hours of notification will result in the immediate termination of all other active Services under the same Account, without refund.

Pass-Through Penalties: If a Customer's abuse results in SCALIBIT being fined or penalized by an upstream data center provider, network infrastructure provider, or regulatory body, the Customer shall be responsible for the full amount of such fine plus an administrative surcharge of 20%.

IP Reputation Repair & Full Cost Liability. To the maximum extent permitted by applicable law, in addition to liquidated damages and remediation fees, the Customer shall be fully liable for all costs arising from abuse or spam incidents originating from its Services or assigned IP addresses, including but not limited to: (i) all administrative, technical, and labor costs incurred by SCALIBIT; (ii) all fines, penalties, or surcharges imposed by upstream data center providers, network infrastructure providers, or transit carriers; (iii) third-party IP de-listing and Real-time Blackhole List (RBL) removal fees; and (iv) all technical expenses required to restore the reputation of affected IP ranges. Such liability shall be absolute and shall survive termination or cancellation of the Account or Services.

Indemnification & Legal Defense. The Customer agrees to indemnify, defend, and hold harmless SCALIBIT, its affiliates, directors, officers, employees, contractors, and upstream infrastructure providers from and against any and all claims, damages, liabilities, regulatory actions, fines, penalties, settlements, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to spam, abuse, unlawful activity, or violations of this Agreement or the Anti-Spam & Abuse Policy originating from the Customer’s Services or IP addresses. SCALIBIT shall have the right to select and control its legal counsel and defense strategy at the Customer’s sole expense.

29.6 Legal Cooperation and Evidence Preservation

SCALIBIT may disclose limited administrative records — such as customer identification details, service allocation records, account activity timestamps, or IP assignment logs — strictly in response to a valid, lawful, and binding request from a competent court or authority. All disclosures are limited to the minimum scope necessary to satisfy the lawful request and are handled in accordance with applicable privacy, data-protection, and due-process laws.

For all service types — including Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments) — SCALIBIT’s access is limited exclusively to administrative service metadata and infrastructure-level allocation records.

SCALIBIT does not collect, retain, or have access to any customer content-level or network payload data, including packet captures, connection traces, GPU/CPU job execution logs, application logs, website files, email content, storage contents, or snapshots, originating from servers, virtual machines, or cloud environments leased, used, and managed by Customers.

Such systems are physically hosted by upstream data center providers and connected through network infrastructure operated by independent network infrastructure providers that announce the IP address resources assigned to these Services and maintain control over the underlying physical network layers.

Accordingly, any forensic preservation, lawful interception, evidence retrieval, or inspection of hosted content, compute workloads, or network traffic — where legally permitted — must be carried out directly by the relevant upstream data center provider or network infrastructure provider, in accordance with applicable legal procedures and jurisdictional requirements.

Where legally permissible, SCALIBIT will make commercially reasonable efforts to notify the Customer prior to any disclosure of administrative records, unless prohibited by law, protective orders, or confidentiality restrictions.

You further agree to comply with SCALIBIT’s Anti-Spam & Abuse Policy and Acceptable Use Policy, both of which are incorporated herein by reference.

30. ADDITIONAL RESERVATION OF RIGHTS

SCALIBIT expressly reserves the absolute right, at any time and in its sole discretion, to deny, cancel, terminate, suspend, restrict, lock, or otherwise modify access to or control of any account, Service, or resource. Such actions may be taken without prior notice and in good faith for any lawful reason, including but not limited to the following:

• (i) to correct any error, misconfiguration, or issue related to the setup, provisioning, or delivery of Services;

• (ii) to protect the security, integrity, and operational stability of SCALIBIT’s network, infrastructure, systems, or other customers;

• (iii) to investigate, prevent, or mitigate actual or suspected fraudulent, abusive, negligent, or unlawful activity;

• (iv) to comply with applicable local, national, or international laws, regulations, or lawful orders (including subpoenas, warrants, or court directives);

• (v) to satisfy or comply with any dispute resolution, registry, or regulatory requirement;

• (vi) to enforce the terms of this Agreement, the Acceptable Use Policy (AUP), or any other applicable policy;

• (vii) to address non-payment, chargebacks, billing disputes, or suspected financial irregularities;

• (viii) to respond to or defend against any legal claim, threat, or proceeding, whether or not such action is ultimately found to have merit; or

• (ix) to avoid, reduce, or mitigate any civil, criminal, financial, or regulatory liability for SCALIBIT, its affiliates, directors, officers, employees, contractors, or agents.

You acknowledge and agree that if SCALIBIT exercises any of the above rights — including temporary or permanent suspension, restriction, or termination of a Service — then: (a) you remain fully responsible for all accrued service fees, usage, and charges during the investigation or suspension period; (b) no refunds, credits, or offsets will be issued for any terminated or suspended Services; (c) SCALIBIT shall not be liable to you or to any third party for any loss, damage, downtime, data loss, or inconvenience resulting from such actions; and (d) SCALIBIT’s sole obligation in the event of a suspension or restriction that is later found to be unnecessary is to restore access to the Service. No credits, service extensions, or monetary compensation shall be due to the Customer for the period of unavailability.

All such measures may be taken to preserve network integrity, ensure compliance with law, and protect the legitimate interests of SCALIBIT and the upstream data center providers and network infrastructure providers physically hosting the servers leased, used, or managed by the Customer and announcing the IP addresses assigned to such servers.

Investigation Surcharge and Cost Recovery: If SCALIBIT exercises its rights under this Section due to suspicious, abusive, or unlawful activity attributable to the Customer, SCALIBIT reserves the right to charge an administrative investigation fee of USD 50 per hour, solely to recover reasonable engineering, compliance, legal, or technical resources expended as a direct result of such activity. Any such fees must be paid prior to Service restoration, where applicable.

No "Wrongful Termination" Claims: The Customer expressly waives any right to claim wrongful termination, breach of contract, or similar causes of action arising from actions taken by SCALIBIT in good faith under this Section, even if the underlying suspicion or investigation is later determined to be unfounded.

31. BILLING & PAYMENT; CURRENCY; TERMINATION & CANCELLATION POLICY

31.1 General Information

You agree to pay for all Services in advance and on time for each billing cycle in which the Services are provided. Invoices are automatically generated ten (10) days before the service due/renewal date. SCALIBIT grants a grace period of three (3) days after the due date. If payment is not received within this period, the affected Services will be temporarily suspended (see Section 31.10.1) until full payment is received. If payment remains outstanding by the fifth (5th) day after the due date, the Services may be permanently terminated without further notice pursuant to Section 33. Any backups (if any) may be deleted in accordance with Section 24.2. Suspension does not pause billing obligations or extend service terms. Bank transfers and other offline payments are applied upon confirmed receipt; a reasonable processing or reactivation fee may apply.

Invoices that have been paid more than once because of duplicate PayPal subscriptions, manual payments, or system errors (except where refund is expressly required by applicable law) cannot be refunded. Any overpaid amount will instead be credited to your SCALIBIT account balance and automatically applied toward future invoices.

SCALIBIT accepts payments via Credit/Debit Card, PayPal, Stripe, and Bank Transfer. Payments from unverified or unconfirmed PayPal accounts are not accepted.

Specialized Compute, GPU, and AI/ML Services. For specialized high-cost or high-power workloads — including but not limited to AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments), as well as any AI/ML Training, Model Inference, High-Performance Compute (HPC), Blockchain/Cryptocurrency Processing, Automated Botnet or Scraping Operations, or similar Specialized Compute Workloads — the standard billing grace period, suspension timeline, and recovery procedures do not apply.

These Services are subject to immediate suspension or cutoff (with no grace period) if payment is overdue, disputed, reversed, or canceled for any reason. Due to their exceptional cost, hardware exclusivity, and specialized infrastructure utilization (energy, cooling, bandwidth, and GPU licensing), such Services are billed on a strictly non-refundable, non-cancellable, and non-disputable basis once activated — regardless of early termination, suspension, non-use, or inactivity. SCALIBIT may permanently revoke GPU or Specialized Compute access without further notice if payment remains unresolved for more than twenty-four (24) hours.

In such cases, SCALIBIT has no obligation to retain any data, checkpoints, model weights, training logs, datasets, inference outputs, or locally stored artifacts generated during AI/GPU workloads, and such data may be irreversibly deleted in accordance with Section 24.2 and Section 33. IP allocations, GPU licenses, NVLink/MIG assignments, or cluster queue slots associated with Specialized Compute or GPU Services may be reclaimed or permanently reassigned without restoration.

By purchasing any AI, GPU, or Specialized Compute Service, you expressly acknowledge and agree to these accelerated suspension, billing, and data-loss terms, which supersede all standard grace periods, recovery procedures, and reinstatement policies applicable to other service categories.

31.2 Billing and Payment

All fees for the Services shall follow SCALIBIT’s current price schedule, incorporated herein by reference, and are due at the time of order unless otherwise specified. Accepted payment methods (“Payment Methods”) include Credit/Debit Card, PayPal, Stripe, and Bank Transfer; however, SCALIBIT may, at its discretion, require use of a specific payment channel (for example, wire transfer) or switch between providers at any time.

If you choose to pay by credit card, SCALIBIT’s payment processor may pre-authorize the charge to confirm both card validity and sufficient funds. If you cancel before completing checkout, SCALIBIT will release the pre-authorization within two (2) hours; depending on your bank, the pending amount may still appear longer. All prices and fees are non-refundable unless otherwise expressly stated — including where Services are suspended, terminated, or transferred before the end of term. SCALIBIT expressly reserves the right to modify prices and fees at any time; updated rates take effect immediately upon publication on SCALIBIT’s website. If you have prepaid for multi-month or annual Services, new pricing applies at the next renewal.

To prevent service interruption, most Services include automatic renewal. This will attempt to renew the same term length as the previous period. SCALIBIT will automatically charge your stored Payment Method at the current renewal rate, which you acknowledge may differ from your initial purchase price. Renewal timing may vary: some products renew thirty (30) days before expiry, others ten (10) days prior. You may enable or disable auto-renewal at any time; however, failure to renew manually or an unsuccessful payment will result in service expiration and possible data loss. SCALIBIT bears no responsibility for downtime, loss, or deletion resulting from non-renewal.

If SCALIBIT cannot charge your Payment Method for the full amount due, or receives a chargeback, reversal, or dispute, you authorize SCALIBIT to pursue all lawful remedies, including immediate cancellation of Services associated with the delinquent account. All hosted data, content, and configurations may be deleted or reassigned. Reinstatement requires payment of all outstanding fees plus any processor-imposed reversal or administrative charges.

SCALIBIT may also impose reasonable administrative or processing fees for: (i) tasks performed outside normal service scope; (ii) additional investigation time or cost; or (iii) customer non-compliance with this Agreement. Examples include, but are not limited to: extended support requiring manual engineering time; verified abuse investigations; inactive accounts older than six (6) months; legal or UDRP matters; or chargeback recovery costs. Such fees will be billed to the Payment Method on file.

If you subscribed to a monthly plan, your billing date is based on your original order date. For annual (or longer) terms with auto-renewal enabled, SCALIBIT will automatically renew at its then-current rates using your stored Payment Method. Failure to maintain a valid Payment Method or to ensure funds availability may lead to service suspension or termination in accordance with this Section.

No Pro-rated Refunds: Unless explicitly required by law, SCALIBIT does not offer pro-rated refunds for unused portions of a billing cycle. If You cancel or terminate Your Service mid-month, You will not receive a refund or credit for the remaining days. This is due to the upfront allocation of hardware, IP address resources, and costs charged by upstream data center providers and network infrastructure providers.

AI, GPU, and Specialized Compute Billing. Certain SCALIBIT Services — including GPU Servers (Cloud or Dedicated), High-Performance Compute Nodes, AI/ML Training Environments, AI-Oriented Bare Metal Deployments, Multi-GPU Clusters, Specialized Compute, and Energy-Intensive Workloads — are subject to specialized billing terms, which may include:

• Dynamic resource-based billing reflecting actual GPU/CPU utilization, VRAM usage, energy consumption, cooling overhead, or sustained high-power draw;

• Premium hardware surcharge for NVIDIA RTX/Quadro/A100/H100, AMD Instinct, Tensor Core, and comparable high-value compute accelerators;

• Burst usage or peak-load pricing for workloads exceeding contracted capacity, including ML training, batch inference, HPC simulations, or rendering jobs;

• AI & Autonomous Workload Monitoring Fee where SCALIBIT must assess abnormal compute patterns, cryptocurrency mining, large-scale scraping, botnets, penetration testing, or model misuse;

• Immediate suspension (without notice or grace period) for unpaid, disputed, or reversed payments related to AI/GPU services due to exceptional cost, infrastructure sensitivity, and limited hardware availability;

• Energy & data center sustainability surcharge may apply in certain regions where high-power usage, redundancy, or cooling impact infrastructure stability.

Such Specialized Compute services are billed on a strictly non-cancellable, non-refundable, and non-disputable (except for demonstrable billing calculation errors) basis once activated, regardless of actual utilization, suspension, or early termination, unless otherwise expressly permitted by SCALIBIT. Additional fees — including remediation, abuse investigation, compliance processing, or engineering time — may be charged per incident.

31.3 Price Changes

SCALIBIT reserves the right to revise its pricing, fees, and billing structure at any time. Any such changes shall either (a) be published on SCALIBIT’s official website and become effective immediately, or (b) be communicated to you by email or through the Client Area. If you have purchased Services for a fixed term (monthly, annual, or multi-year), the updated rates will take effect upon the next renewal date of those Services. Continued use of the Services after the effective date of any price modification constitutes your acceptance.

Dynamic Pricing for AI/GPU, Specialized Compute, and Power-Intensive Services. Pricing for GPU Servers, AI/ML Training Services, High-Performance Compute Nodes, AI Cloud Instances, Dedicated GPU Bare Metal, Multi-GPU Training Clusters, Specialized Compute Workloads, Rendering Environments, and any energy- or license-intensive SCALIBIT Service may be subject to dynamic or variable pricing due to the following non-exhaustive factors:

• Hardware availability and premium licensing costs related to NVIDIA RTX, A-Series, Tesla, A100/H100, AMD Instinct, Tensor Core, or any comparable enterprise-grade GPU/accelerator components.

• Energy consumption, power draw thresholds, cooling capacity, rack-density limits, or sustainability surcharges imposed by upstream data center providers (including Tier III/Tier IV facilities) during high-demand or heat-sensitive periods.

• Infrastructure compliance requirements — including data center PUE (Power Usage Effectiveness), carbon footprint controls, government energy regulations, and regional environmental limitations impacting continuous GPU or HPC usage.

• Third-party software licensing or per-seat subscription fees for proprietary AI/ML tools (such as CUDA, ROCm, TensorRT, AIAA, Enterprise PyTorch, NVIDIA AI Enterprise, or LLM orchestration frameworks), including usage-based licensing.

• Cloud capacity, supply-chain fluctuations, semiconductor shortages, geopolitical risks, or region-specific operational constraints affecting GPU or high-power server availability.

Due to these variables, AI/GPU and Specialized Compute Services are billed on a non-fixed, non-capped, dynamic pricing model, which may fluctuate within the same billing cycle based on real-time usage, provided that such adjustments reflect measurable resource consumption or documented upstream cost changes or burst workloads. SCALIBIT may apply supplemental Energy Usage Adjustment (EUA), Sustainability Fee, GPU Availability Premium, or Cooling Overhead Charge without prior notice where required to maintain service stability or regulatory compliance.

Unless explicitly stated in an executed Service Order or Enterprise Agreement, fixed-rate billing, promotional discounts, or price-lock guarantees do not apply to AI/GPU, Dedicated GPU Bare Metal, or other Specialized Compute Services.

By purchasing or continuing to use any AI/GPU, HPC, or Specialized Compute Service, you expressly accept these dynamic billing conditions and waive any claim based on price fluctuation, resource-based surcharge, or non-fixed renewal costs under this Section.

31.4 Currency

All prices, payments, and invoices are processed in U.S. Dollars (USD) unless explicitly stated otherwise. For convenience, SCALIBIT may display approximate conversions into other currencies during checkout; such conversions are for reference only. Exchange rates are based on third-party financial data sources and may fluctuate between the time of purchase and final settlement. Accordingly, you acknowledge that the actual charged amount may differ slightly from any displayed estimate, and you waive all claims arising from such currency variances. Depending on your billing country, additional charges such as VAT, GST, sales tax, or cross-border processing fees may apply. Any such applicable amounts will be displayed before completing your purchase.

31.5 Multiple Accounts and Discount Abuse

Creating or using multiple customer accounts to exploit “new customer,” “trial,” or promotional discounts is strictly prohibited. Any related accounts identified as abusing discount systems will be suspended until all outstanding invoices are settled. SCALIBIT reserves the right to terminate such accounts without refund and permanently revoke eligibility for future promotions.

31.6 Prepayment and Payment Application

It is your sole responsibility to ensure that your payment and billing information remain current and valid at all times. You agree to prepay for all Services before the applicable service period begins. Subject to applicable law, received payments will be applied first to the oldest outstanding invoice on your account, regardless of service type, plan tier, or currency. Failure to maintain valid payment details or to pay due invoices may result in immediate suspension or termination pursuant to Section 33.

AI, GPU, and Specialized Compute Prepayment Requirement. For all GPU Cloud Instances, Dedicated GPU Servers, AI/ML Training Environments, Multi-GPU Clusters, AI-Oriented Bare Metal Deployments, High-Performance Compute (HPC) Nodes, and any Specialized or Power-Intensive Workloads, SCALIBIT may require:

• Full prepayment for the entire billing term (monthly, quarterly, or annual) prior to activation;

• Security Deposit / Retainer Hold to cover potential excess usage, bandwidth surcharges, remediation costs, IP reputation damage, abuse handling, or data center energy penalties;

• Strictly non-refundable and non-cancellable billing once the service is activated, regardless of actual usage, suspension, or early termination;

• Immediate suspension or service hold if any chargeback, dispute, or reversal is initiated, or payment cannot be successfully processed;

• Supplemental invoices or real-time adjustments for excess GPU/CPU utilization, VRAM usage, burst compute load, or abnormal power consumption events.

AI/GPU and Specialized Compute Services may also require identity verification (KYC), proof of business legitimacy, AML compliance review, and export-control screening before activation or renewal. SCALIBIT reserves the right to delay, deny, suspend, or terminate any such Service if verification cannot be completed, fraudulent or unauthorized use is suspected, or the Customer appears to be located in, or associated with, a sanctioned or restricted jurisdiction.

By purchasing or activating any AI, GPU, or Specialized Compute Service, you expressly acknowledge and agree to these mandatory prepayment, security deposit, non-refundable, usage-adjustment, and verification requirements.

31.7 Automatic Renewal (Autorenewal)

Unless you explicitly disable the auto-renewal option in your Client Area or submit a valid cancellation request in advance, you authorize SCALIBIT to automatically renew all eligible Services at the then-current rates using the stored payment method on file. This automatic renewal helps prevent interruption, service expiration, or data loss. If your payment method is declined or cannot be charged for any reason, renewal will not occur and your Services may be suspended, expired, or permanently deleted. SCALIBIT shall not be held liable for any downtime, data loss, or service unavailability arising from failed or disabled renewals.

AI, GPU, and Specialized Compute Renewal Restrictions. Due to the specialized cost structure, limited capacity, compliance sensitivity, and high operational risk of GPU Cloud Instances, Dedicated GPU Servers, AI/ML Training Environments, High-Performance Compute (HPC) Nodes, Multi-GPU Clusters, Autonomous Compute Workloads, and other Energy-Intensive or Specialized Compute Services, automatic renewal may be disabled, restricted, or contingent upon manual approval by SCALIBIT prior to renewal activation. Such Services may renew only after successful payment authorization, identity verification (KYC), AML/fraud screening, and usage or risk reassessment by SCALIBIT.

• Renewal of GPU / AI / Specialized Compute Services may require manual confirmation and acceptance through the Client Area or via invoice approval;

• SCALIBIT may conduct fraud, risk, KYC/AML, or abuse verification before authorizing service continuation;

• Automatic renewal is not guaranteed for GPU or Specialized Compute workloads due to pricing volatility, licensing limitations, or availability constraints;

• Services may be terminated immediately at expiration with no grace period unless renewal approval is completed and confirmed beforehand;

• Any associated data — including model checkpoints, training logs, datasets, configuration files, or stored artifacts — may be permanently and irreversibly deleted at expiration.

You expressly acknowledge that once renewed, GPU, AI, and Specialized Compute Services are billed on a non-refundable, non-cancellable, and non-disputable basis for the new billing term, regardless of actual usage, suspension, or early termination. SCALIBIT is not responsible for any loss of training data, model outputs, logs, datasets, or compute artifacts resulting from service expiration, non-renewal, suspension, or termination.

31.8 Taxes

You are solely responsible for all duties, customs fees, taxes, and any related penalties, fines, interest, or back-payments that may apply to your purchase or use of the Services — including, without limitation, national, federal, state, provincial, or local sales taxes, use taxes, value-added taxes (VAT), goods and services taxes (GST), or similar levies (collectively, “Taxes”). Unless expressly stated otherwise, all listed prices exclude such Taxes. If SCALIBIT becomes obligated to collect or remit Taxes related to your purchase, those amounts will be billed to you and must be paid together with the Service fees. In certain countries or regions, SCALIBIT may determine that your transaction is taxable and, where required by law, will collect and remit such Taxes to the appropriate authority.

If you believe an exemption applies or that a specific Tax should be withheld, you must promptly provide a valid tax exemption certificate, withholding receipt, or authorized VAT/GST identification number. Failure to provide valid documentation will result in all applicable Taxes being charged and collected. You must also supply any tax information reasonably required for SCALIBIT to comply with its reporting or remittance obligations. You will be solely liable for any misrepresentations, errors, or non-compliance regarding tax status, including resulting penalties, fines, or interest imposed by any taxing authority.

31.9 Account Credit

All account credits, bonuses, or overpayment adjustments are permanently associated with the account on which they were issued. Such credits are non-transferable and non-refundable and may only be applied toward future SCALIBIT invoices for the same account. Account credits hold no cash value and cannot be converted, withdrawn, or offset against third-party obligations.

31.10 Late Payment

All invoices must be paid within three (3) days following the invoice due date. Invoices remaining unpaid after this period may result in the suspension of Services. If payment is not received by the fifth (5th) day after the due date, the affected Services may be permanently terminated and all associated data deleted in accordance with Section 24.2. Suspended accounts will not be reactivated until full payment is received and verified. SCALIBIT may apply a reasonable reactivation or processing fee to restore Services. SCALIBIT will not activate new orders or service packages for any Customer with an outstanding balance.

AI, GPU, and Specialized Compute — Strict No-Grace Policy. For AI/ML Training Servers, GPU Cloud Instances, Multi-GPU Clusters, Dedicated GPU Servers, High-Frequency Compute, Blockchain or Energy-Intensive Workloads, Autonomous Compute Environments, Rendering/Simulation Nodes, and any Specialized Compute Services, no grace period applies. If payment is not received on the due date, such Services are automatically suspended on Day 1 and may be permanently terminated on Day 3 without further notice. Due to the exceptional cost, hardware exclusivity, licensing use, and non-recoverable nature of these workloads, SCALIBIT provides no commitment to retain, recover, or preserve any model data, training progress, checkpoints, VRAM state, or system configuration once suspended or terminated for non-payment.

Resource Reclamation: The Customer acknowledges that GPU and Specialized Compute hardware are limited assets. Upon suspension on Day 1, SCALIBIT reserves the right to immediately re-assign the underlying physical hardware to other customers. Even if the Customer pays on Day 2, there is no guarantee that the same hardware or data will be available; the Customer may receive a fresh deployment subject to current availability.

Suspension or termination of Specialized Compute Services may also include immediate revocation of GPU reservations, VRAM allocations, CPU core allocations, dedicated bandwidth/port speed, power capacity, or AI container environments. All such resources may be permanently reallocated to other paying customers and cannot be restored, even after full payment, unless a new order is placed (subject to availability and current pricing).

No Partial Reinstatement or Payment Plans. Specialized Compute, AI/GPU, and Autonomous Compute Services will not be reactivated based on partial payment, pending disputes, or payment plans. Reinstatement is permitted only after full settlement of all outstanding invoices, any applicable reactivation fees, remediation costs, or GPU hardware lock/hold fees.

Failure to pay fees as required may result in collection or legal enforcement actions. You agree to reimburse SCALIBIT for all costs incurred in collecting unpaid amounts — including, without limitation, collection agency fees, arbitration expenses, court costs, and reasonable attorneys’ fees. SCALIBIT shall bear no liability for any downtime, data loss, model loss, business interruption, or permanent deletion resulting from suspension or termination due to non-payment.

To avoid service interruption, all payments must be received on or before the due date. Standard Services unpaid by the third (3rd) day after the due date are subject to suspension, and by the fifth (5th) day may be terminated pursuant to Section 33. Specialized Compute, AI/GPU, and Energy-Intensive workloads are suspended immediately on Day 1 and may be terminated on Day 3 without recovery.

31.10.1 Service Suspension (Overdue Accounts)

If an invoice remains unpaid for three (3) days after its due date, the corresponding Services will be temporarily suspended until full payment is received. Suspension restricts access and functionality but does not, by itself, delete data. During suspension, SCALIBIT may, at its discretion, disable control panel and API access, restrict or null-route network traffic, disable SSH/SFTP/database access, and pause inbound or outbound email delivery. Incoming email may be rejected, deferred, or bounced. No uptime, delivery, or support service level commitments apply while an account is suspended.

For Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal), suspension means the server is taken offline and becomes fully inaccessible. Termination and data wipe procedures for these Services are governed by Section 33 (Non-Payment Suspension and Termination) and Section 24 (Backups & Data Retention).

Reactivation occurs only after full payment has been received, cleared, and applied to the account (including the resolution of any chargeback, reversal, or dispute). A reasonable reactivation or processing fee may apply. Offline payments (such as wire transfers) are subject to bank processing and reconciliation delays; the Service remains suspended until funds are fully posted. SCALIBIT is not responsible for delays caused by third-party payment processors or financial institutions.

Any data retained during suspension remains subject to Section 24 (Backups & Data Retention). Suspension does not pause billing or extend service terms. If payment is not received by the fifth (5th) day after the due date, SCALIBIT may terminate the Services without further notice in accordance with Section 33, and permanently delete all data per Section 24.2. IP addresses are not reassigned during suspension but may change upon reactivation and may be reallocated to other customers following termination or cancellation.

AI/GPU Suspension Addendum. GPU instances, AI Training Environments, Specialized Compute Services, Model Storage Volumes, GPU-Assigned IP ranges, or any prohibited Blockchain/Crypto-Compute workloads are treated as volatile, non-retention resources. During suspension, SCALIBIT may permanently revoke GPU slot assignments, delete container images, training checkpoints, VRAM-configured datasets, ephemeral blockchain compute data, or AI pipeline environments without retention obligations under Section 24. SCALIBIT makes no warranty that any computational state, model version, dataset, wallet data, or container image can be restored once suspension or termination occurs.

Prohibited Blockchain & Crypto-Compute Workloads. SCALIBIT strictly prohibits any use of its AI/GPU, Specialized Compute, Dedicated, or Cloud infrastructure for cryptocurrency mining, staking, blockchain validation, hashing, wallet hosting, GPU-farm operations, token generation, decentralized ledger processing, or any blockchain or crypto-related compute activity. No exceptions or approvals are permitted under any circumstances. Any such activity constitutes a material breach of this Agreement and will result in immediate suspension or termination without grace period, data preservation, or refund.

SCALIBIT bears no responsibility for any data loss, interruption, or business impact resulting from suspension due to non-payment.

31.11 Fraud

It is strictly prohibited to misuse or fraudulently utilize any payment method, including credit/debit cards, electronic transfers, payment gateways, or cryptocurrency. Any attempt to obtain Services or make payments using stolen, unauthorized, or misappropriated financial instruments constitutes fraud and will result in immediate suspension or termination of all related Services.

SCALIBIT reserves the right to investigate any suspected fraudulent activity, including chargebacks, identity theft, false information, or payment abuse. Pending such investigation, SCALIBIT may immediately suspend, lock, or terminate the account(s) involved, without prior notice. Any funds paid under fraudulent or unauthorized transactions are forfeited.

SCALIBIT also reserves the right to report confirmed or suspected fraud — as determined in its sole discretion — to appropriate governmental authorities, law enforcement agencies, prosecutors, courts, payment processors, card networks, or financial institutions. Information relevant to such incidents may be shared as permitted or required by applicable law.

All confirmed or reasonably suspected cases of fraud constitute grounds for permanent account termination, forfeiture of all funds paid, and denial of any future Services. SCALIBIT expressly disclaims any liability for losses, damages, or claims resulting from enforcement actions taken in response to fraudulent or unauthorized payment activity.

31.12 Invoice Disputes

You have a maximum of ten (10) calendar days from the invoice date to dispute any charge or payment processed by SCALIBIT. After this period, all charges are deemed accurate, final, and non-contestable. If you believe an error has occurred or require clarification, you must contact SCALIBIT’s Billing Department directly through the Client Area or via the contact details listed on your invoice. Billing inquiries submitted beyond the ten (10) day window will not be eligible for review, refund, or adjustment.

31.13 Chargebacks and Payment Reversals

If SCALIBIT receives notice of a chargeback, payment reversal, or bank dispute for any transaction, the affected account will be immediately placed on hold. This hold automatically suspends all active Services linked to that account and may lead to permanent termination if the issue is not resolved promptly. While on hold, the customer cannot place new orders, modify existing Services, or access account data.

To resolve a dispute, the Customer must: (i) provide verifiable proof of payment authorization for the transaction, (ii) repay all reversed or disputed transaction amounts in full, and (iii) pay a two hundred fifty U.S. dollars (USD $250) administrative penalty fee per disputed transaction. This fee covers payment processor penalties, investigation time, and administrative handling by SCALIBIT.

If the Customer fails to resolve the dispute or provide required documentation within seven (7) days of notice, all related Services and accounts may be permanently terminated and locked indefinitely. Terminated accounts cannot be reinstated, reopened, or re-registered under any name, alias, or entity associated with the original account. Outstanding balances, including administrative penalties and any related costs, will remain due and collectible.

Customers acknowledge that initiating a false, fraudulent, or unjustified chargeback constitutes a material breach of this Agreement. Such actions may be reported to payment processors, acquiring banks, credit networks, or law enforcement authorities as potential fraud or abuse. SCALIBIT expressly reserves the right to share transactional evidence and customer details as permitted by applicable law. Any funds previously paid are forfeited and SCALIBIT shall not be liable for any resulting suspension, data loss, or business interruption.

Collection of Debt: Initiating a chargeback does not waive Your debt to SCALIBIT. We reserve the right to sell Your debt to a third-party collection agency or report the unpaid balance to credit bureaus. Any costs associated with debt collection (including 40% agency fees where permitted by applicable law) will be added to Your outstanding balance.

31.14 Know Your Customer (KYC) & Compliance Verification

To safeguard the integrity of its infrastructure and prevent fraud, abuse, payment disputes, sanctions violations, and unlawful activity, SCALIBIT reserves the right to conduct identity verification ("KYC") procedures prior to activation or during the lifecycle of any of the following Services:

• Dedicated Servers or Bare Metal Servers
• Virtual Machines
• Cloud Services
• Cloud Compute Services
• Optimized Cloud Compute Services
• GPU Servers

31.14.1 Required Documentation

SCALIBIT may request one or more of the following documents:

• Government-issued photo identification (such as a Passport, National Identity Card, or Driver’s License)
• Proof of address issued within the last six (6) months
• Selfie verification holding the identification document
• Company registration or incorporation documents (for business accounts)

Failure to provide requested documentation within the specified timeframe may result in order cancellation, suspension, or refusal of service.

31.14.2 Data Security & Retention

All verification documents are encrypted in transit and at rest. Access is strictly limited to authorized compliance personnel.

KYC documentation is retained for a maximum period of twelve (12) months from the date of verification, unless extended retention is required due to ongoing investigation, legal obligation, or regulatory compliance requirements.

After expiration of the retention period, documents are securely and permanently deleted in accordance with SCALIBIT’s data retention procedures.

31.14.3 Refusal or Termination

SCALIBIT reserves the right to refuse service activation, suspend, or terminate any account if verification documentation is not provided, is incomplete, or is determined to be falsified or misleading.

31.14.4 Sanctions & Regulatory Compliance

SCALIBIT complies with applicable United States sanctions regulations and international trade restrictions. Services may be denied to individuals, entities, or jurisdictions subject to sanctions or export control restrictions.

32. REFUND POLICY

32.1 Non-Refundable Policy

SCALIBIT does not offer a money-back guarantee, trial periods, or cooling-off periods for any Service. All sales are final, and Services are strictly non-refundable once payment is received, except where a refund is expressly required by applicable law. This includes Services purchased on monthly, quarterly, annual, or custom terms.

All Services are provided on a business-to-business (B2B) basis and are not subject to consumer protection withdrawal rights.

Once a billing cycle has commenced, all fees for that billing period are deemed fully earned and non-refundable, regardless of usage, suspension, or termination.

The following products and services are specifically non-refundable under any circumstances:

This list is non-exhaustive and may include additional services or components not explicitly listed herein.

• Virtual Machines & Cloud Services: VPS, VDS, Cloud Servers, Dedicated Cloud Servers.
• Cloud Compute Services: Standard Performance, High Performance, High Frequency.
• Optimized Cloud Compute Services: General Purpose, CPU Optimized, Memory Optimized, Storage Optimized.
• Dedicated Infrastructure: Dedicated Servers, Bare Metal Servers.
• GPU, AI & Specialized Compute Services: GPU Cloud instances, dedicated GPU servers (including NVIDIA RTX, A100, H100, AMD Instinct), AI/ML training environments, inference workloads, HPC clusters, rendering, deep learning, simulation and energy-intensive workloads. These services are strictly non-refundable, non-cancellable and non-disputable (except for demonstrable billing calculation errors) once provisioned, due to immediate hardware allocation, VRAM reservation, power consumption, and costs charged by upstream data center providers and network infrastructure providers.
• Software Licenses & Add-ons: cPanel, CWPpro, CloudLinux, Imunify, LiteSpeed, operating system licenses, and any third-party licensed software or add-ons.
• IP Address Services: IPv4/IPv6 assignments, routing, subnetting, BGP announcements, and RIPE/ARIN allocation or maintenance fees.
• Usage-Based Services: Any metered, hourly, burst-capacity or consumption-based services, including bandwidth overages, GPU-hour billing, API processing, storage I/O, or data transfer usage.
• Setup & Professional Services: Operating system installation fees (initial deployment), customer-requested operating system reinstallation, system recovery procedures, custom configuration services, network and firewall rule configuration (including ACL or routing changes), software installation and setup (including control panels and licensed applications), service migrations, infrastructure tuning, consulting, and engineering services.

This also includes any technical or operational actions required to be performed by upstream data center providers or network infrastructure providers at the Customer’s request, including but not limited to physical interventions, network-level configuration, IP routing changes, security policy implementation, hardware reconfiguration, or remote hands services, for which such providers may impose additional charges. All such costs shall be borne exclusively by the Customer.

• Administrative & Additional Fees: Administrative processing charges, installation fees, custom software fees, compliance handling costs and any additional service-related operational charges.
• Hourly-Billed Services: Products or services billed on an hourly basis.
• Policy Violations: Products or services suspended or terminated due to violations of the Terms of Service or Acceptable Use Policy.
• Abuse Handling & Data Center Penalties: Any fines, penalties, blacklist removal costs, remediation expenses, infrastructure recovery costs, reinstallation fees or damages imposed by upstream data center providers, network infrastructure providers, anti-spam organizations or authorities due to Customer activities. Such charges may be invoiced retroactively, including after account closure or service termination.
• Taxes & Government Fees: VAT, sales tax, regulatory fees, compliance fees and any government-imposed charges.
• Cryptocurrency Payments: Any products or services purchased using cryptocurrencies, tokens or digital assets.

Payments made via cryptocurrency are strictly non-refundable due to blockchain irreversibility and market volatility. SCALIBIT is not responsible for any exchange rate fluctuations or valuation changes before or after payment.

• Account Credits / Add Funds: Deposits made as account balance are non-refundable and may only be used for future SCALIBIT invoices.
• Discounted & Promotional Plans: Services purchased using promotions, coupons or discount codes.

32.2 General Refund Exclusions

This Refund Policy applies regardless of service suspension, infrastructure migration, customer misconfiguration, operational errors, force majeure events, or changes in technical or business requirements.

Service availability, performance metrics, or service level commitments (SLA) do not constitute grounds for refunds unless explicitly stated in a separate written agreement signed by SCALIBIT.

No refunds are issued for downtime, technical issues, or delays caused by external factors outside SCALIBIT’s control, including network disruptions, customer misconfiguration, or third-party failures. No refunds are provided for partially used service periods or early cancellation.

SCALIBIT reserves the right to deny any request for credit or refund if, in its sole judgment, the Customer has engaged in abuse, excessive cancellations, fraudulent orders, or behavior inconsistent with fair usage or intended service purpose.

No exception, oral or written statement, marketing material, support communication, or prior correspondence shall override the non-refundable nature of these Services unless explicitly authorized in a signed written Enterprise Agreement executed by SCALIBIT.

Subjective Expectations: No refunds shall be issued based on the Customer's subjective dissatisfaction with the Service performance, "feel," or speed, provided the Service meets the technical specifications listed at the time of purchase. The Customer's inability to configure software, lack of technical skill, or failure to utilize the Service does not entitle them to a refund.

Waiver of Improper Chargebacks: By completing a purchase, the Customer acknowledges that they have reviewed and accepted this Non-Refundable Policy. The Customer agrees not to initiate an unjustified or bad-faith chargeback or payment dispute with their bank or payment processor based solely on a refund request properly denied under these terms. Any such unjustified dispute may constitute a material breach of this Agreement and may result in suspension, termination, and recovery of associated costs, subject to applicable law.

Technical Disruptions: Service interruptions, including those caused by upstream providers, hardware upgrades, or maintenance windows, are governed by our SLA (if applicable) and do not constitute grounds for a refund of the original service fee.

32.3 Exception – Services Not Provisioned & Order Rejection

32.3.1 Infrastructure Unavailability & Non-Provisioned Orders

Notwithstanding the foregoing non-refund policy, a refund may be issued if and only if SCALIBIT is unable to provision the purchased Service due to verified infrastructure unavailability, stock limitations, or technical constraints occurring before the Service is deployed, activated, or any resources are allocated.

In such cases, where no server, virtual machine, IP address, storage, network capacity, or other infrastructure resources have been assigned, and no costs have been incurred from upstream data center providers or network infrastructure providers, the Customer may request a refund or elect to receive account credit.

Any refund issued under this exception may be subject to a deduction of payment processing fees incurred by SCALIBIT. This exception applies solely to non-provisioned Services and ceases to exist once any part of the Service has been deployed, activated, reserved, or made accessible to the Customer.

Such refund shall constitute the Customer’s sole and exclusive remedy for non-provisioned Services.

Any approved refund under this section shall be issued to the original payment method used by the Customer (e.g., PayPal, Stripe, credit card, bank transfer), unless the Customer explicitly requests the refund to be issued as account credit.

If the Customer elects to receive the refund as account credit, such credit shall be non-withdrawable, non-refundable, and may only be used for future SCALIBIT invoices or services. Once issued as account credit, the refund shall be deemed final and irreversible, and the Customer may not subsequently request conversion of such credit into cash or any other payment method.

For payments made via cryptocurrency or other blockchain-based digital assets, no cash or blockchain refund shall be issued due to the irreversible nature of such transactions and market volatility. In such cases, any approved refund (if applicable under this section) shall be issued exclusively as non-withdrawable account credit, usable only for future SCALIBIT services.

32.3.1.1 Alternative Configuration Acceptance & Price Differences

If the originally ordered Service is unavailable due to stock limitations or infrastructure constraints, SCALIBIT may, at its sole discretion, propose an alternative service configuration to the Customer.

If the Customer explicitly accepts such alternative configuration, the order shall be deemed confirmed and provisioning procedures shall commence accordingly. From that moment onward, the Service shall be considered in provisioning state, and the exception for non-provisioned services under Section 32.3.1 shall no longer apply.

Once provisioning has started, the Customer may not cancel the order or request any refund on the basis of stock unavailability or substitution of the originally selected configuration.

If the alternative configuration has a higher price, the Customer shall pay the price difference prior to provisioning. If the alternative configuration has a lower price, the difference shall be issued as non-withdrawable account credit and may only be used for future SCALIBIT invoices. No cash refund shall be issued for such price differences.

Acceptance of an alternative configuration shall constitute an explicit, irrevocable, and legally binding waiver of any refund rights related to the originally ordered configuration.

32.3.2 Order Rejection & Compliance-Based Refunds

SCALIBIT reserves the absolute right to reject, cancel, or void any order prior to service provisioning if the transaction or Customer is flagged as high-risk, suspicious, fraudulent, non-compliant, or in violation of applicable laws or internal compliance policies.

This includes, but is not limited to:

• Failure or refusal to complete identity verification (KYC / KYB)
• Submission of false, misleading, inconsistent, or unverifiable personal or company information
• Indicators of payment fraud, chargeback risk, or abnormal transaction behavior
• Sanctions screening matches or export control restrictions (including OFAC, BIS, EU, UN, or similar authorities)
• Orders originating from restricted or high-risk jurisdictions
• Violations of payment processor policies (e.g., Stripe, PayPal, banks)
• Any suspected attempt to bypass compliance, legal, or regulatory requirements

In such cases, where no Service has been provisioned and no infrastructure resources have been allocated, SCALIBIT shall reject the order and process a refund to the original payment method, subject to deduction of any non-recoverable payment processing or compliance-related fees, to the extent permitted by applicable law.

SCALIBIT is under no obligation to disclose detailed risk assessment criteria or internal fraud detection methodologies.

Order rejection under this section shall not constitute a breach of contract by SCALIBIT or give rise to any claim for damages, lost profits, or consequential losses.

33. TERMINATION & CANCELLATION POLICY

The initial term of Your Agreement with SCALIBIT is defined in Your Order Form and commences upon the activation of the Services. After the Initial Term, this Agreement automatically renews for successive terms of equal duration unless canceled or terminated by either party in accordance with this Section.

33.1 Termination by SCALIBIT

SCALIBIT may suspend or terminate Your access to any Service, in whole or in part, with or without prior notice where permitted by applicable law, including deletion of files and content, if: (i) You fail to pay any fees when due; (ii) You violate these Terms, the AUP, or any applicable law; (iii) Your conduct may harm SCALIBIT, its infrastructure, its reputation, or other customers; (iv) You engage in abusive, threatening, or harassing behavior toward SCALIBIT personnel; or (v) SCALIBIT determines, in its sole discretion, that termination is required to comply with law, regulation, or court order.

Data Handover Waiver: Upon termination (especially for cause or non-payment), SCALIBIT is under no obligation to provide any temporary access, data export window, or "grace access" for the Customer to download their data. It is the Customer's responsibility to maintain off-site backups at all times prior to termination.

No refunds or credits shall be issued for any Services terminated under this Section. Upon termination for cause, You shall remain liable for all outstanding fees and reasonable costs incurred by SCALIBIT in enforcing compliance or closing Your account. UPON TERMINATION FOR ANY REASON (TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW), ALL USER CONTENT, WEBSITES, AND DATA WILL BE PERMANENTLY DELETED IN ACCORDANCE WITH SECTION 24 (BACKUPS & DATA RETENTION).

33.2 Customer-Initiated Cancellation

Customers may cancel Services at any time before the next renewal date by submitting a formal cancellation request through the SCALIBIT Client Area. If no cancellation request is submitted prior to renewal, the Service renews automatically and the Customer remains fully responsible for payment of the renewal invoice. SCALIBIT does not accept cancellation requests via email, ticket, or chat unless otherwise confirmed in writing by authorized staff.

No Verbal Cancellations: For security and audit purposes, cancellation requests made via live chat, social media, phone, or standard support tickets are NOT valid and will not be processed. You must use the "Request Cancellation" button within the Client Area. Failure to do so will result in continued billing, for which You remain fully liable.

33.3 Non-Payment Suspension and Termination

Invoices unpaid three (3) days after the due date result in temporary suspension of Services. If payment is still not received by the fifth (5th) day, the Service may be terminated without further notice pursuant to Section 24 and Section 31. Suspension limits access and functionality but does not guarantee data preservation. No service-level guarantees apply during suspension.

Upon termination, all data is permanently deleted and cannot be recovered. Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal) do not include backup or restore functionality. During suspension, such servers are offline; upon termination, they are wiped or re-provisioned and all stored data is irretrievably lost.

AI/GPU, Specialized Compute, and Energy-Intensive Services — Immediate Resource Loss.
For AI/ML Training Environments, GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU Clusters, High-Frequency or High-Core Compute, Rendering/Simulation Nodes, and Autonomous or Energy-Intensive Workloads, suspension or termination results in the immediate and irreversible removal of:

• GPU slot reservations, VRAM allocations, and container images;

• Model checkpoints, training outputs, dataset caching, or compute states stored in VRAM/local NVMe;

• Dedicated power capacity, high-bandwidth port assignments, or specialized AI compute environments.

These resources may be permanently reassigned to other customers and cannot be restored even if full payment is later made — unless a new order is placed (subject to availability and current pricing). SCALIBIT retains no obligation to preserve or recover AI/GPU datasets, training sessions, model weights, or inference environments following suspension or termination.

SCALIBIT is not liable for data loss, email loss, or service interruption caused by suspension or termination for non-payment.

33.4 Termination Without Cause & Data Handling

33.4.1 Termination Without Cause

SCALIBIT may, in its sole discretion, discontinue or terminate any Service at any time and for any lawful reason (“termination without cause”). Where practicable and commercially reasonable, SCALIBIT will provide at least thirty (30) days’ written notice prior to such termination. Customers are responsible for securing replacement service providers and migrating all data prior to the termination effective date. No compensation or refund shall be due for any unused portion of a billing term.

33.4.2 Termination for Cause

If SCALIBIT terminates a Service due to a material breach of these Terms, including violations of the AUP, Anti-Spam Policy, or applicable law, all prepaid fees are forfeited and non-refundable. Termination for cause may occur immediately and without prior notice.

Abuse of Staff: SCALIBIT maintains a zero-tolerance policy regarding harassment. If You use foul language, threats, or discriminatory remarks toward any SCALIBIT employee, Your account may be terminated immediately, all data deleted, and no refunds issued, regardless of Your service status or payment history.

33.4.3 Early Termination & Fees

If a Customer terminates a Service prior to the end of its billing cycle, SCALIBIT may impose a reasonable early termination fee reflecting documented administrative, provisioning, or operational costs. All prepaid amounts are strictly non-refundable, and any early termination fee is non-waivable.

AI, GPU & Specialized Compute Services.
Due to the immediate allocation of dedicated GPU hardware, VRAM capacity, and specialized power and cooling resources, and due to costs charged by upstream data center providers and network infrastructure providers, all AI, GPU-accelerated, ML training, rendering, and other Specialized Compute Services are deemed non-cancellable, non-refundable, and non-disputable once provisioned, regardless of usage level, suspension, account closure, misconfiguration, or early termination (whether voluntary or for cause). Such Services may not be terminated early without full payment of the entire remaining contract or billing term.

Upon provisioning, GPU and high-performance compute resources — including but not limited to NVIDIA RTX, Quadro, Tesla, A100/H100, AMD Instinct/MI-series, ML training clusters, high-frequency CPU environments, or comparable accelerators — are hardware-locked and exclusively reserved for the Customer. These resources cannot be reallocated or resold during the term; therefore, no proration, partial refunds, or credits shall apply.

In cases of suspension or termination due to breach (AUP violation, prohibited AI model usage, GPU abuse, or non-payment), all prepaid fees remain fully non-refundable, and the Customer remains liable for any remaining contract value for the full billing term, which is agreed to represent a genuine pre-estimate of SCALIBIT’s incurred costs and lost capacity.

By placing an order for any AI, GPU, High-Frequency Compute, or Specialized Compute Service, You expressly acknowledge and agree that these billing, non-cancellation, and full-term payment obligations supersede any conflicting refund or cancellation provisions under Section 32 or elsewhere in this Agreement.

33.4.4 Customer Data Handling & Archival

Upon termination, SCALIBIT may, but is under no obligation to, retain limited data for archival or compliance purposes. All retention, deletion, and backup operations follow Section 24 (Backup & Data Retention). SCALIBIT bears no responsibility for any data loss or inaccessibility after termination.

33.4.5 No Liability for Termination

To the maximum extent permitted by applicable law, SCALIBIT shall not be liable to You or any third party for any suspension or termination of Services, including any consequential loss of data, revenue, goodwill, or business opportunity.

33.4.6 Survival

All provisions of this Agreement which by their nature should survive termination shall remain in effect, including but not limited to ownership, indemnification, warranty disclaimers, limitation of liability, and governing-law provisions.

34. CUSTOMER SUPPORT

34.1 General Information

SCALIBIT provides customer support to You at no additional cost for issues directly related to SCALIBIT Services. SCALIBIT reserves the right to determine, at its sole discretion, what constitutes a service-related issue and to charge additional fees or refuse assistance for non-service-related matters. Any fees paid for out-of-scope support are non-refundable.

Before any assistance is provided, You may be required to verify Your identity and account ownership. Unless otherwise specified by the Service, all support requests must be submitted exclusively via the Support Ticket System within the Customer Panel. SCALIBIT shall have no obligation to provide support through other channels (such as telephone, chat, or email) unless explicitly stated. You are solely responsible for selecting the correct category when submitting a support ticket; delays resulting from miscategorized tickets are not SCALIBIT’s responsibility.

By requesting assistance, You expressly authorize SCALIBIT’s support personnel to access only those components of the Service reasonably necessary to investigate and address the reported issue, strictly within the scope of the authorized support request. Such access does not grant SCALIBIT any ongoing administrative control and is limited to the duration of the support activity.

Prohibited Remote Access. SCALIBIT staff will not and are prohibited from accessing customer devices, local computers, or networks using remote desktop software (such as TeamViewer, AnyDesk, RDP, VNC, or similar screen-sharing tools). Technical assistance is strictly limited to the Services hosted on SCALIBIT's infrastructure. Any customer request for remote access to a local device will be refused.

No Response Time Guarantee: Unless You have purchased a specific Premium Support Add-on, all tickets are processed in the order received. SCALIBIT makes no guarantee regarding the time it takes to provide a first response or to resolve a reported issue. Opening multiple tickets for the same issue will not speed up the process and may result in a support penalty.

Abuse of the Support System includes, but is not limited to: opening an excessive number of tickets, repeated misuse of categories, aggressive or harassing communication, or attempting to obtain free consulting beyond the defined service scope. Such abuse may result in a formal warning, restriction of support access, account suspension, or permanent termination of Services without refund. SCALIBIT reserves the sole right to determine what constitutes abuse.

Due to strict identity verification and security procedures, SCALIBIT does not provide technical or account support via telephone or unauthorized communication channels. All official support communications are handled exclusively through the authenticated Customer Panel.

34.2 Technical Support

Technical assistance is provided on a best-effort basis and limited to issues directly related to SCALIBIT’s hosting infrastructure and platform. During troubleshooting, SCALIBIT may temporarily modify configurations or system settings; You acknowledge that such actions could affect service functionality. It is Your responsibility to maintain a backup of all data before submitting a technical support request.

SCALIBIT may refuse or discontinue technical support if You violate the Terms of Service, fail to follow SCALIBIT’s instructions, request changes that compromise system security or stability, make conflicting modifications during an open support session, or engage in abusive behavior toward staff.

Free technical support does not include, without limitation:

• Website coding, debugging, or custom development tasks.

• Installation or configuration of third-party scripts, modules, plugins, or themes.

• Security audits, malware removal, or performance optimization services.

• Installation of additional server software outside of approved PHP extensions, Perl modules, or other components expressly authorized by SCALIBIT.

Requests outside of the free support scope may be considered at SCALIBIT’s discretion and subject to additional service fees. No paid technical support will be billed without Your prior written consent.

No Software or Application-Level Support: SCALIBIT’s support obligations are strictly limited to physical hardware availability, power delivery, and basic network reachability. SCALIBIT does not provide troubleshooting, debugging, configuration, optimization, or repair of Customer-installed software, operating systems, kernels, drivers, AI/ML models, containers, hypervisors, application code, or third-party services. If the Service is reachable at the network level (e.g., responds to Ping, SSH, or RDP), SCALIBIT’s support obligation is deemed satisfied.

34.3 Support with SCALIBIT

All technical support requests must be submitted exclusively through your authenticated Customer Panel via the Support Ticket System. Support requests submitted by email, chat, social media, or phone are not accepted for security and verification reasons.

When submitting a support request, please include sufficient technical details such as:

• Root or Administrator Username (if applicable)
• SSH or RDP Port Number
• Domain Name(s) associated with the service
• Detailed Description of the Issue

For security purposes, SCALIBIT recommends creating a temporary user account when direct system access is required for troubleshooting or support operations. Any such access credentials must be shared only within the secure support ticket system and must be changed or deleted by the Customer immediately after the issue has been resolved. Once the technical issue has been fully resolved, SCALIBIT will permanently remove from its support systems any technical access credentials provided by the Customer in the ticket (such as temporary passwords, SSH usernames, SSH keys, or port numbers) and will post a confirmation notice stating that:

“For security reasons, your server access credentials have been removed from this support ticket.”

This procedure ensures that no sensitive access data remains stored within SCALIBIT’s systems after the completion of support operations. Where technically possible, this process is performed automatically to enhance privacy and operational security.

SCALIBIT does not retain, store, or have access to customer passwords, SSH keys, or administrative credentials after deployment. By providing access credentials or requesting assistance, the Customer acknowledges full responsibility for safeguarding all authentication information before and after the support process.

All technical interventions are performed on a best-effort basis and may involve configuration changes. Customers must maintain complete backups of all data and system configurations prior to authorizing any technical action. SCALIBIT shall not be held liable for any loss, corruption, or modification of data, configurations, or software resulting from the requested intervention.

Right to Refuse Service: SCALIBIT reserves the right to close any ticket and refuse further assistance if the Customer requests actions that are outside the scope of support, involve illegal activities, or if the Customer continues to open tickets for issues previously determined as "Resolved" or "Out-of-Scope."

34.4 Critical Security Notice: Technical Support Access Policy

If your issue requires SCALIBIT technical staff to access your system, you must provide temporary access credentials through a secure support ticket. These credentials are for one-time use only and are not retained after issue resolution. SCALIBIT performs all technical actions under strict confidentiality and with the minimum necessary access.

SCALIBIT will not access your local computer or network. Support is limited to the hosting infrastructure. You are solely responsible for revoking or resetting these temporary credentials once the support process is complete. Failure to update access details after resolution may expose your system to security risks. SCALIBIT shall not be liable for any unauthorized access resulting from the Customer’s failure to change credentials following support intervention.

34.5 Data Integrity & Liability Disclaimer

SCALIBIT performs all technical operations with care and professionalism. However, any technical intervention — including but not limited to troubleshooting, configuration changes, password resets, or operating system reinstallation — may carry inherent risks such as temporary service interruption or data loss.

Customers are solely responsible for maintaining up-to-date and verified backups of all systems, files, and configurations prior to requesting or authorizing any technical assistance from SCALIBIT. By providing access credentials or requesting direct intervention, customers acknowledge that SCALIBIT shall not be held liable for any data loss, corruption, or modification resulting from the requested technical operations.

SCALIBIT does not perform, store, retain, or maintain backups of customer systems under any circumstances. Backup creation, verification, and retention are entirely the Customer’s responsibility. No automatic or manual backups are made by SCALIBIT before, during, or after any technical support or intervention, and SCALIBIT shall not be liable for any data loss or system impact arising from the absence or insufficiency of backups.

For additional details on backup scope and policies, please refer to Section 24 — Backups and Data Loss (Backup & Data Retention Policy). For general limitations of liability, see also Section 39 — Limitation of Liability; Waiver and Release.

35. CHANGES TO SCALIBIT’S NETWORK

35.1 Maintenance & Service Interruptions

SCALIBIT may perform scheduled or emergency maintenance to ensure the stability, performance, and security of its infrastructure. Scheduled maintenance notifications will be sent directly to affected Customers via the Customer Panel through the Support Ticket System whenever practicable.

Emergency maintenance may be performed without prior notice when necessary to protect the integrity of the network, prevent data loss, or mitigate ongoing incidents. During maintenance windows, Services may experience temporary unavailability, increased latency, or limited functionality.

No Guarantee of Advance Notice: While SCALIBIT strives to provide advance notice for scheduled events, some infrastructure changes (especially those performed by upstream data center providers or network infrastructure providers) may occur without prior warning. You agree that SCALIBIT is not responsible for damages resulting from Your failure to receive or act upon a maintenance notification.

SCALIBIT shall not be liable for any loss, delay, or interruption resulting from maintenance activities, events of force majeure (as defined in Section 36), or actions taken in good faith to preserve service continuity, infrastructure integrity, or network security. No uptime, availability, or performance guarantees apply during scheduled or emergency maintenance periods.

35.2 Infrastructure & Network Changes

SCALIBIT continually enhances and maintains its service platform and orchestration systems to ensure performance, security, and reliability. Upgrades or modifications to SCALIBIT’s systems — including, but not limited to, software updates, routing policy adjustments, peering arrangements, or changes involving upstream data center providers or network infrastructure providers — may affect the display, functionality, or temporary availability of Customer’s hosted content and/or applications.

SCALIBIT reserves the right to perform such changes at its sole and commercially reasonable discretion. Where feasible, SCALIBIT will make reasonable efforts to notify affected Customers in advance through the Customer Panel ticket system prior to any planned maintenance or major infrastructure updates that may impact services.

SCALIBIT shall not be held liable for any temporary service interruptions, latency, or other performance impacts resulting from such maintenance, upgrades, or network optimizations, provided that such actions are conducted in good faith and in accordance with standard industry practices.

IP Address Reassignment: SCALIBIT reserves the right to change, renumber, or reassign IP addresses allocated to Your Services as part of network maintenance, optimization, security mitigation, regulatory compliance, or infrastructure re-architecture. The Customer acknowledges that all IP addresses and subnets are owned or controlled by SCALIBIT or its upstream providers and are made available solely for the Customer’s use during the active term of the applicable Service. No ownership, leasehold, or permanent usage right in any IP address or subnet is transferred to the Customer.

While the Service remains active and in good standing, IP addresses included in the Customer’s service plan are assigned for operational use with the associated server or Service. Upon suspension, termination, cancellation, expiration, or network reconfiguration, such IP addresses may be withdrawn, replaced, or reassigned without restoration rights.

SCALIBIT shall not be liable for any downtime, propagation delay, configuration error, licensing issue, third-party service disruption, reputational impact, or cost arising from IP address changes, including but not limited to DNS updates, firewall rules, software licensing, API allowlists, SSL certificates, abuse listings, or external service dependencies.

End-of-Life (EoL) Transitions: SCALIBIT may, from time to time, retire older hardware, operating systems, or virtualization layers. In such cases, SCALIBIT may require the Customer to migrate to a newer environment. Failure to migrate within the specified window may result in service suspension or permanent termination of the legacy service without further liability for SCALIBIT.

36. DISCONTINUED SERVICES; END OF LIFE POLICY

SCALIBIT reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any lawful reason. Where commercially practicable, SCALIBIT will provide advance notice in accordance with this Section. Although SCALIBIT makes reasonable efforts to maximize the lifespan of all Services and features, there are circumstances where a Service or specific feature may be discontinued or reach its End-of-Life ("EOL"). Upon reaching EOL, such Services or features will no longer be supported by SCALIBIT effective as of the applicable EOL date.

36.1 Notice and migration

In the event that any Service we offer has reached or will reach EOL, we will attempt to notify You thirty (30) or more days in advance of the EOL date. It is Your responsibility to migrate to a replacement Service or cease reliance on the affected Service prior to the EOL date. At SCALIBIT’s sole discretion, SCALIBIT may offer one of the following remedies for the unused portion of the term: (i) migration to a comparable Service, or (ii) issuance of a prorated non-refundable account credit. Cash refunds are not guaranteed and may be issued only where expressly required by applicable law.

SCALIBIT may, where reasonably necessary, migrate You to the most up-to-date or functionally equivalent version of a Service or hardware platform due to End-of-Life (EOL), security requirements, upstream provider changes, or infrastructure modernization.

Such migration does not constitute a downgrade, service reduction, or breach of this Agreement. You acknowledge and agree that You bear full responsibility for validating compatibility, functionality, performance, and regulatory compliance of Your software, applications, AI models, drivers, and configurations following any such migration.

In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, we will attempt to notify you thirty (30) or more days in advance of the EOL date. However, if the Service maintains at least reasonably equivalent functionality without such feature, functionality, or aspect (as determined by SCALIBIT in its sole discretion), SCALIBIT will not be required to offer a comparable feature or refund.

Compatibility Warranty Disclaimer: If SCALIBIT migrates You to a newer version of a Service or different hardware due to EOL, SCALIBIT does not warrant that Your existing software, applications, or AI models will be compatible with the new environment. You are solely responsible for modifying Your code, drivers, or configurations to function on the updated infrastructure.

In-Store Credit Preference: While SCALIBIT may offer a prorated refund at its discretion, the Customer acknowledges that the primary remedy for EOL services is a migration to a comparable service or the issuance of a non-refundable account credit to be used for other SCALIBIT products.

36.2 No liability

SCALIBIT will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide, or facilitate access to.

Third-Party EOL: SCALIBIT shall not be liable for the discontinuance of Services caused by third-party providers (e.g., NVIDIA discontinuing driver support for certain GPUs, or an upstream data center provider closing a specific location). In such cases, the 30-day notice period is subject to the notice provided to SCALIBIT by the upstream provider.

37. LEGAL & LAW ENFORCEMENT REQUESTS FOR CUSTOMER INFORMATION

SCALIBIT is a global infrastructure service provider offering Virtual Machines (VMs), Cloud Environments, and Dedicated Servers / Bare Metal Infrastructure, operating across multiple regions including North America, South America, Europe, Asia-Pacific, And Africa.

As an infrastructure provider, SCALIBIT does not manage or control any Virtual Machines (VMs), Cloud Environments, Dedicated Servers or Bare Metal, or AI / GPU & Specialized Compute Services — including any data, content, or applications hosted within those environments. Customers maintain full care, custody, and control over the data, content, and activities associated with their hosted services and are solely responsible for all actions originating from the IP address(es) assigned for use with their services.

SCALIBIT is an infrastructure service provider and does not access, monitor, or control customer systems, content, or hosted data. Customer systems, including Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments), operate entirely under the customer’s control. SCALIBIT maintains only limited account and network metadata (such as Service Identifiers, IP Assignments, And Billing Records) necessary for technical and operational purposes.

37.1 Cooperation With Authorities

SCALIBIT cooperates with competent law enforcement and regulatory authorities — including Police, Prosecutors, Courts, and Cybercrime Units — only to the extent required by applicable law. Such cooperation includes, where legally mandated, incidents involving cybercrime, terrorist content, AI-generated child sexual abuse material (CSAM/CSAI), deepfake-enabled identity fraud, biometric manipulation, unauthorized AI facial recognition, large-scale autonomous botnets, or illicit distribution of AI/ML models, datasets, or compute resources. All cooperation is conducted in accordance with applicable data protection and privacy frameworks, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), U.S. State Privacy Laws, and the Electronic Communications Privacy Act (ECPA).

SCALIBIT processes only official, lawful, and verifiable requests and discloses information solely to the extent necessary to comply with applicable legal obligations. SCALIBIT never discloses customer data for civil, private, or informal requests — including requests related to AI model activity, synthetic image generation, or speculative inquiries without legal authority.

All requests are reviewed for authenticity, scope, and legal validity prior to disclosure. In the United States, SCALIBIT may be legally compelled to disclose limited customer account or subscriber information in response to valid and properly issued legal processes, including subpoenas, court orders, National Security Letters (NSLs), or requests made under the U.S. Patriot Act or the Foreign Intelligence Surveillance Act (FISA). Such disclosure, where required, is strictly limited to the narrowest scope permitted by law and typically involves only basic account identifiers, billing records, or IP assignment metadata — not customer-hosted content, encryption keys, AI model parameters, inference logs, biometric datasets, GPU memory, or backups.

SCALIBIT does not collect, retain, or have access to any AI-generated content, machine learning datasets, LLM prompt/response logs, vector embeddings, facial recognition training sets, biometric signatures, or model weights (including fine-tuned or custom-trained models). Any forensic analysis relating to AI-related offenses, such as deepfake impersonation, synthetic identity fraud, autonomous malicious agents, or illicit training data usage, must be conducted directly on the customer-controlled environment by the competent authority.

All cooperation actions are logged internally to ensure transparency and accountability. Where legally permissible, SCALIBIT will notify the affected Customer prior to disclosing account or administrative metadata, unless prohibited by applicable law, confidentiality orders, or court directives.

SCALIBIT acts solely as an infrastructure service provider and is never the “data controller” or “data processor” for any customer-hosted content, AI-related data, biometric material, or model operations. All such roles and responsibilities rest exclusively with the Customer.

All cooperation under this Section is conducted in good faith, strictly for the purpose of legal compliance, and in accordance with SCALIBIT’s Privacy Policy and Data Processing Agreement. This cooperation extends to legitimate, verifiable requests from competent international authorities or cross-border law enforcement agencies acting under Mutual Legal Assistance Treaties (MLATs) or equivalent international frameworks, in accordance with applicable international law. For detailed procedural information, see SCALIBIT’s Law Enforcement and Legal Requests for Customer Data (Information Requests Policy).

Secrecy of Investigations: You acknowledge that SCALIBIT may be prohibited by law (e.g., under 18 U.S.C. § 2705 or equivalent national security laws) from notifying You that Your information has been requested or disclosed. In such cases, SCALIBIT’s silence shall not be deemed a breach of this Agreement or Privacy Policy.

Administrative Legal Costs: SCALIBIT reserves the right to bill the Customer for all reasonable administrative, engineering, and legal costs incurred in responding to formal information requests or subpoenas caused by the Customer’s activities. SCALIBIT may offset these costs against any remaining account balance or credits before account closure.

37.2 Scope And Limitations Of Disclosure

In response to a valid legal request, SCALIBIT may provide limited customer account or service-related metadata such as identification details, account ownership records, payment history, service provisioning details, or IP allocation records. SCALIBIT does not store or retain customer content (including website data, databases, or email content) within its systems.

This non-retention principle also applies to AI/GPU and Specialized Compute environments, where SCALIBIT does not possess or retain any model data, training checkpoints, inference logs, or computational output.

For all Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Infrastructure (Dedicated Servers, Bare Metal Deployments), AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Frequency Compute Nodes, HPC / AI-Oriented Bare Metal Deployments), SCALIBIT does not have or retain:

• Any root/administrator credentials, SSH keys, API keys, or access tokens after service deployment;

• Any encryption keys, PGP keys, SSL private keys, full-drive encryption passphrases, or any other key-management material;

• Any stored AI model weights, LLM parameters, vector embeddings, training datasets, fine-tuning files, synthetic data, biometric identifiers, or model cache;

• Any logs of AI inference activity, prompt/response content, transaction data, computational traces, VRAM dumps, or sandbox snapshots;

• Any packet capture, DPI (Deep Packet Inspection), network flow content, or traffic-level payload data.

Accordingly, SCALIBIT cannot produce — even upon lawful request — any content-level data, AI training datasets, LLM interaction records, biometric signatures, GPU model memory, encryption keys, or authentication credentials that are never stored or retained by SCALIBIT systems.

In the event of a lawful, verifiable request from competent authorities, SCALIBIT may perform Limited Technical Actions — such as credential resets or console-level recovery — solely to comply with that legal obligation. Such actions are limited strictly to the minimum technical scope necessary and do not provide access to customer content, training datasets, or AI system internals. All such actions are logged, audited, and preserved for evidentiary purposes.

SCALIBIT does not provide real-time monitoring, packet inspection, model debugging, or forensic analysis of customer systems. Customers bear full responsibility for content, data, AI workloads, and activities hosted, processed, or transmitted using their infrastructure.

37.3 Data Availability And Access Limitations

Where a lawful request concerns an IP address or server operated within SCALIBIT’s infrastructure, SCALIBIT can identify the relevant customer account and service details associated with that resource. However, SCALIBIT does not retain operating system–level access credentials (such as root or administrator passwords, SSH keys, or SSH port numbers).

SCALIBIT does not own, possess, retain, monitor, or store any network-level traffic data or packet logs (including, but not limited to, destination IPs, content payloads, flow data, browsing activity, or communication metadata), as all transit traffic is handled directly by upstream data center providers and network infrastructure providers through which SCALIBIT sources and delivers its server infrastructure and related Services.

Such disclosures do not, under any circumstances, include real-time monitoring, content interception, packet capture, deep packet inspection (DPI), or any direct access to customer systems, servers, applications, databases, or communications. All customer environments — including Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Infrastructure (Dedicated Servers, Bare Metal Deployments), and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Frequency Compute Nodes, HPC / AI-Oriented Bare Metal Deployments) remain fully under the Customer’s control at all times.

If a lawful request seeks information that exists only within customer-managed systems (such as website content, application data, or access logs), SCALIBIT will inform the requesting authority that such data is not available within its infrastructure or internal systems. All disclosures are limited strictly to metadata and account-level records that are technically available and maintained within SCALIBIT’s internal systems.

In addition, SCALIBIT does not retain, access, or store any customer-level AI, GPU, or Specialized Compute operational data — whether generated, processed, cached, or hosted within your infrastructure — including but not limited to:

• AI model weights, training checkpoints, embeddings, or fine-tuning datasets;

• Large Language Model (LLM) prompt logs, inference histories, or conversational memory;

• VRAM dumps, GPU runtime logs, tensor traces, or compute memory snapshots;

• Autonomous agent logs, behavioral trace outputs, model decision flows, or reinforcement learning data;

• Biometric identifiers, facial recognition datasets, deepfake generation logs, or synthetic identity material;

• Cryptomining telemetry, blockchain keys, or GPU-abuse tracing data.

SCALIBIT does not perform content inspection, AI telemetry logging, GPU usage monitoring, model lifecycle analysis, or deep workload monitoring on any SCALIBIT infrastructure — including Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers, Bare Metal Deployments, or AI, GPU & Specialized Compute Hosting. All AI, ML, autonomous agents, synthetic content generation, and GPU model execution operate solely under the Customer’s control.

37.4 Customer Responsibility And Network-Level Actions

Customers are fully and solely responsible for any SCALIBIT Service they purchase, deploy, access, or operate — including but not limited to Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Infrastructure (Dedicated Servers, Bare Metal Deployments), and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Frequency Compute Nodes, HPC / AI-Oriented Bare Metal Deployments), as well as all IP addresses, network ranges, VLANs, ports, routing assignments, and connectivity resources provisioned or associated with such Services.

This responsibility extends to all usage, management, configuration, data processing, content, computation, network activity, and any actions originating from or associated with the Service — including those conducted through or traceable to any assigned or dynamically allocated IP address(es), hostname, network allocation, or access gateway associated with the Customer’s account.

SCALIBIT provides only the underlying technical infrastructure and does not monitor, manage, access, supervise, or control any customer-managed environment — including Virtual Machines (VMs), Cloud Environments, Dedicated Servers, Bare Metal Deployments, Hosted Applications, AI model behavior, datasets, workload execution, or network traffic — nor does SCALIBIT retain any credentials, configuration files, datasets, VRAM snapshots, logs, inference histories, or AI operational telemetry. All legal, technical, operational, compliance, regulatory, and liability responsibilities rest solely with the Customer.

In cases involving cybercrime, fraud, abuse, or network-level attacks, SCALIBIT may immediately suspend, null-route, or terminate affected services to protect infrastructure integrity. All such actions are taken in good faith and in compliance with applicable laws and regulations.

Customers are solely responsible for any activity involving AI, GPU, Specialized Compute, Dedicated, Virtual Machine, or Cloud-based environments — including, but not limited to:

• Hosting, fine-tuning, training, or distributing AI/ML models used for unlawful surveillance, biometric analysis, facial recognition, or identity manipulation;

• Generating or disseminating deepfake content, synthetic identity material, altered biometric assets, or deceptive AI-generated media;

• Using GPU or high-performance servers for unauthorized cryptocurrency mining, blockchain hashing, command-and-control (C2) operations, botnet orchestration, or automated penetration testing;

• Deploying autonomous AI agents, self-replicating scripts, or model-based decision engines capable of executing actions without direct human supervision;

• Engaging in AI-driven fraud, impersonation, phishing, spam automation, or social engineering;

• Hosting or generating datasets containing personal data, sensitive biometric identifiers, or child sexual abuse imagery (CSAI), or any material prohibited by law;

• Using AI systems to bypass copyright protections, clone protected works, or intentionally replicate trademarked or proprietary material.

SCALIBIT does not supervise, inspect, or obtain visibility into AI model behavior, GPU usage, synthetic content generation, or model execution logs — nor does SCALIBIT monitor or analyze any customer-hosted workloads, training pipelines, or compute processes. All liability for unlawful AI usage, malicious automated actions, biometric manipulation, or deepfake-related harm rests entirely with the Customer.

In cases where AI misuse, model-driven harm, or specialized compute abuse creates imminent risk — including suspected deployment of autonomous botnets, large-scale identity fraud, or real-time deepfake exploitation — SCALIBIT may take immediate network-level enforcement actions, including null-routing, isolation, port restrictions, container shutdown, or suspension without prior notice, in accordance with Section 29 (Abuse & Enforcement).

SCALIBIT retains no legal, operational, or forensic responsibility for any AI-generated content, data, or compute activity originating from the Customer's environment. All consequences — legal, technical, regulatory, or reputational — arising from such activities remain solely with the Customer.

37.5 Reference Policy

All lawful information requests and disclosures are handled strictly in accordance with SCALIBIT’s Law Enforcement and Legal Requests for Customer Data (Information Requests Policy), which outlines the procedures, verification requirements, and submission channels for valid legal process.

37.6 AI Compliance, Autonomous Systems & Restricted Model Hosting

SCALIBIT does not monitor, access, or control any AI models, machine learning datasets, neural network outputs, inference logs, or autonomous agents hosted or executed by the Customer. SCALIBIT does not retain any training data, model weights, fine-tuning files, vector databases, prompt logs, facial datasets, biometric identifiers, or synthetic media generation records.

However, under applicable law — including but not limited to the EU Artificial Intelligence Act, U.S. Executive Order 14110 (Safe, Secure, and Trustworthy AI), OECD AI Governance Principles, BIPA (Illinois Biometric Information Privacy Act), GDPR special category data protections, and other emerging AI liability regulations — certain AI workloads are subject to enhanced legal compliance.

The Customer is solely responsible for all AI workloads, including:

• Hosting or generating deepfake media intended for deception, fraud, identity theft, or reputational harm;

• Collecting, processing, or training on biometric identifiers (face scans, voice, fingerprints, gait recognition) without verifiable legal basis and written consent;

• Using AI for behavioral profiling, surveillance, emotion recognition, or age estimation involving minors or protected groups;

• Developing or distributing autonomous cyberattack agents, self-propagating malware, penetration bots, or weaponized AI;

• Hosting or distributing high-risk generative models for illegal, discriminatory, or extremist content, including CSAI (child sexual abuse imagery), terrorism, or hate-based material;

• Operating unmonitored fine-tuning pipelines for LLM/vision models, where customer uploads sensitive personal data or facial datasets;

• Using GPU infrastructure for underground mining, botnet orchestration, political manipulation, fake persona automation, or coordinated influence campaigns.

If SCALIBIT receives a lawful, verifiable request regarding AI misuse, biometric violations, or illegal model hosting, SCALIBIT may, if legally required, identify which customer account is associated with the relevant GPU assignment, Virtual Machine, Cloud Compute instance, Dedicated Server, or IP range — but SCALIBIT does not host, store, access, or produce any AI datasets or model contents.

SCALIBIT does not perform live model monitoring, prompt logging, or algorithmic inspection and has no technical ability to access customer AI models, APIs, or training environments. Such capabilities remain exclusively under the customer’s control. Any investigation involving AI content, datasets, or model operations must be directed to the customer or data controller.

The Customer assumes full legal responsibility for AI-generated content, decisions, or outputs, including defamation, reputational harm, impersonation, misidentification, biometric inference, or deceptive deepfakes.

Hosting or operating any Prohibited AI Activities in violation of applicable law or SCALIBIT’s Acceptable Use Policy may result in immediate suspension or termination of Services without refund pursuant to Section 33. SCALIBIT reserves the right to comply with legally binding orders related to such violations.

No Duty to Analyze: SCALIBIT does not have a legal duty to investigate or pre-screen AI models for copyright or safety violations. Our role is strictly limited to reactive cooperation with binding legal orders. We do not provide "expert witness" services or forensic decoding of encrypted Customer datasets for any third party.

38. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICES SHALL BE AT YOUR OWN RISK AND THAT SERVICES FOUND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. SCALIBIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SCALIBIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND SCALIBIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SCALIBIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS SUPPORT CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

NO GUARANTEE OF PERFORMANCE OR OUTCOME: SCALIBIT MAKES NO WARRANTY REGARDING THE SPECIFIC PERFORMANCE LEVELS, COMPUTATIONAL SPEEDS, OR THROUGHPUT OF ANY GPU, CPU, OR AI-ACCELERATED RESOURCE. THE CUSTOMER ACKNOWLEDGES THAT WORKLOAD PERFORMANCE MAY VARY DUE TO NETWORK LATENCY, HARDWARE AGE, OR SHARED INFRASTRUCTURE. FURTHERMORE, SCALIBIT DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM USING AI/ML SERVICES (E.G., MODEL ACCURACY, INFERENCE SPEED, OR DATA PROCESSING) WILL MEET YOUR SPECIFIC REQUIREMENTS OR BE FREE FROM BIAS OR ERROR.

NO MEDICAL, LEGAL, OR HIGH-RISK USE WARRANTY: SCALIBIT SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SERVICES ARE SUITABLE FOR USE IN HIGH-RISK ENVIRONMENTS, INCLUDING BUT NOT LIMITED TO LIFE-SUPPORT SYSTEMS, MEDICAL DIAGNOSTICS, AUTONOMOUS VEHICLE CONTROL, OR ANY APPLICATION WHERE A FAILURE OR INCORRECT AI OUTPUT COULD LEAD TO DEATH, PERSONAL INJURY, OR CATASTROPHIC ENVIRONMENTAL DAMAGE.

THE CUSTOMER EXPRESSLY AGREES NOT TO RELY ON ANY AI-GENERATED OUTPUT, PREDICTION, RECOMMENDATION, OR INFERENCE PRODUCED USING THE SERVICES AS A SOLE BASIS FOR DECISION-MAKING IN ANY LEGAL, FINANCIAL, MEDICAL, SAFETY-CRITICAL, OR REGULATORY CONTEXT.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR OUR SERVICES.

39. LIMITATION OF LIABILITY; WAIVER AND RELEASE

In no event shall SCALIBIT, its officers, directors, employees, agents, or any third-party service providers be liable to you or any other person or entity for ANY AND ALL direct, indirect, incidental, special, punitive, or consequential damages whatsoever, INCLUDING WITHOUT LIMITATION any damages that may result from (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising, or otherwise) to this site, (iii) our Services whether found at this site or any sites linked to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other data stored therein, (vii) any interruption or cessation of Services, (viii) any viruses, worms, bugs, trojan horses, or the like, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “X-rated”, obscene, or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of your use of this site or our Services, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not SCALIBIT is advised of the possibility of such damages.

You agree that SCALIBIT will not be liable for any (i) suspension or loss of the Services; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of God; (v) data non-delivery, mis-delivery, corruption, destruction, or other modification; (vi) events beyond the control of SCALIBIT; (vii) the processing of your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of your account identifier or password.

SCALIBIT shall not be liable for any suspension, null-routing, isolation, bandwidth restriction, port blocking or port-level restrictions, network-level blocking, seizure, or termination of any Service that arises from (i) abuse, cybercrime investigations, AI misuse, or legal requests, (ii) enforcement actions taken to protect infrastructure integrity, or (iii) compliance with court orders, law enforcement directives, or the policies of upstream data center providers or network infrastructure providers.

In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site or our Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

No Liability for Data Value: The limitation of liability set forth herein applies regardless of the intrinsic, commercial, or intellectual value of the data stored or processed on SCALIBIT’s infrastructure. SCALIBIT does not insure the value of Customer content, AI models, or proprietary datasets. The Customer acknowledges that the fees charged for the Services reflect this allocation of risk and the limitation of liability.

Third-Party Software Vulnerabilities: SCALIBIT shall not be liable for any damages arising from security vulnerabilities, bugs, or defects in third-party software or hardware (e.g., CPU/GPU architecture flaws, operating system exploits, or virtualization escapes) that are beyond SCALIBIT’s reasonable control.

SCALIBIT shall not be liable for any refunds, credit adjustments, or financial compensation relating to prepaid, non-refundable, or non-cancellable Services — including AI, GPU, Specialized Compute, Dedicated Infrastructure, or any Service expressly designated as non-refundable in this Agreement.

Furthermore, SCALIBIT shall have no liability whatsoever arising from or in connection with any AI, GPU, Specialized Compute, or Autonomous System activity conducted on the Customer’s infrastructure — including but not limited to deepfake generation, biometric processing, facial recognition, synthetic identity creation, algorithmic decision-making, cryptomining, automated agents, or unauthorized model training. All legal, technical, regulatory, compliance, and liability consequences resulting from such activities rest solely with the Customer.

In addition, you specifically acknowledge and agree that in no event shall SCALIBIT’s total aggregate liability exceed the total amount paid by you for the particular Services that are the subject of the cause of action, or the total amount paid during the three (3) months preceding the event giving rise to such claim — whichever is lower. This limitation shall apply only in cases where SCALIBIT is found legally liable due to its own negligence, error, or breach of contractual obligations, and shall not apply in any case of suspension, termination, or restriction of Services due to Customer’s violation of the Terms of Service, Acceptable Use Policy, or any applicable law.

FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS SECTION SHALL BE CONSTRUED AS CREATING LIABILITY FOR SCALIBIT IN CASES OF CUSTOMER MISUSE, UNLAWFUL ACTIVITY, OR HIGH-RISK USE, EVEN IF CHARACTERIZED AS "GROSS NEGLIGENCE" UNDER LOCAL LAW, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this Agreement or your use of this site or the Services found at this site.

No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of SCALIBIT.

40. HIPAA DISCLAIMER — WE ARE NOT “HIPAA COMPLIANT”

You are solely responsible for ensuring compliance with all applicable federal, state, and international laws governing the privacy, security, and lawful processing of personal, sensitive, or regulated data — including medical, health-related, biometric, or child-related information. You expressly acknowledge that the Services are not designed, intended, or warranted for the storage, transmission, processing, or management of such data.

SCALIBIT does not monitor, control, access, or inspect the information or data you store on or transmit through the Services. SCALIBIT expressly disclaims any representation or warranty that the Services comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”), the HITECH Act, or any similar medical, health, or data protection regulation.

Customers requiring the storage, transmission, or processing of Protected Health Information (“PHI”), as defined under HIPAA, are strictly prohibited from using the Services for such purposes. Any storage, handling, or transmission of PHI through SCALIBIT’s infrastructure constitutes a material breach of this Agreement and may result in immediate suspension or termination of Services without refund.

SCALIBIT does not enter into Business Associate Agreements (“BAA”). You acknowledge and agree that SCALIBIT is not a Business Associate, subcontractor, agent, or representative under HIPAA or any related healthcare regulation.

SCALIBIT is not a “covered entity,” “business associate,” “data controller,” or “data processor” with respect to customer-managed medical or health data under HIPAA, GDPR Article 4(7)-(8), or any comparable legal framework. The Services are general-purpose infrastructure services and are not designed, certified, or intended for medical, clinical, diagnostic, or therapeutic use.

The Services shall not be relied upon as a substitute for regulated healthcare infrastructure, FDA-cleared medical devices, certified medical software, or professional medical systems.

⚠ AI Medical Disclaimer. SCALIBIT does not host, train, process, validate, or store any artificial intelligence or machine learning systems intended for clinical diagnosis, medical imaging (including X-ray, MRI, or CT), biometric health analysis, patient monitoring, genome data processing, or clinical decision support. Any use of SCALIBIT infrastructure — including GPUs, AI Compute, or Dedicated Servers — for medical diagnosis, clinical inference, telemedicine, or the storage of Electronic Health Records (EHR) or PHI is strictly prohibited.

SCALIBIT does not provide regulatory compliance for HIPAA, HITECH, GDPR Article 9 (special category health data), the UK Data Protection Act (Schedule 1), EU MDR, FDA Software as a Medical Device (SaMD) guidelines, or ISO healthcare compliance standards. SCALIBIT does not offer medical-grade encryption controls, audit trails, key escrow, tamper-proof record retention, or integrity verification for medical datasets or AI-generated medical outputs.

Any hosting, training, fine-tuning, or deployment of AI systems that perform or imply diagnostic evaluation, medical risk scoring, clinical prediction, or patient guidance is conducted entirely at the Customer’s own risk and outside the scope of SCALIBIT’s Services and liability.

SCALIBIT does not review, monitor, validate, or assess the medical accuracy, diagnostic reliability, or ethical safety of any AI-generated outputs, including but not limited to:

• AI-generated medical reports, diagnostic suggestions, or health risk assessments;

• Synthetic or altered medical imagery, simulated scans, or deepfake medical content;

• Any AI output that could influence patient treatment, care decisions, or medical judgment.

SCALIBIT shall not participate in, support, or be subject to any regulatory inquiry, investigation, litigation, or liability claim relating to AI-assisted diagnosis, medical malpractice, clinical decision-making, or improper handling of medical or health-related data by the Customer.

Immediate Termination for Medical Data Violations: If SCALIBIT becomes aware or reasonably suspects that the Customer is hosting, processing, or transmitting PHI or operating unapproved medical or health-related AI systems, SCALIBIT may immediately suspend or terminate Services without prior notice. All affected data may be permanently deleted to mitigate regulatory or legal risk, and no refunds or credits shall be issued.

Indemnification: The Customer shall defend, indemnify, and hold harmless SCALIBIT from any and all claims, regulatory actions, penalties (including HIPAA civil or criminal fines), damages, and legal costs arising from the Customer’s unauthorized use of the Services for medical, health, or biometric data — regardless of whether such claims allege infrastructure failure or technical fault.

By using the Services, You expressly acknowledge and agree that: SCALIBIT is a general-purpose infrastructure provider and not a healthcare cloud, PHI custodian, medical data processor, or medical AI hosting provider. All legal, regulatory, clinical, and compliance obligations remain solely with the Customer.

41. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SCALIBIT, its parent companies, subsidiaries, affiliates, contractors, officers, directors, employees, agents, shareholders, and representatives from and against any and all claims, demands, causes of action, losses, liabilities, damages, penalties, fines, costs, and expenses of any kind whatsoever (including reasonable attorneys’ fees and court costs), whether arising in contract, tort, statute, or otherwise, that result from or relate to:

• (i) any breach of this Agreement, the Acceptable Use Policy (AUP), or any other policy or agreement incorporated herein;

• (ii) your access to, use of, misuse of, or inability to use the Services, including any acts or omissions by you, your users, contractors, or agents;

• (iii) any content, data, code, software, models, datasets, or information you upload, host, process, transmit, generate, or distribute through the Services, including any allegation of infringement, misappropriation, dilution, or violation of intellectual property or proprietary rights;

• (iv) any negligence, fraud, willful misconduct, unlawful activity, or regulatory violation by you or any party using your account or infrastructure;

• (v) any actual or alleged violation of a third party’s rights, including copyright, trademark, trade secret, privacy, publicity, data protection, or confidentiality rights;

• (vi) any AI-related, GPU-accelerated, Specialized Compute, or Autonomous System activities — including but not limited to deepfake generation, AI-driven impersonation, biometric data processing, unauthorized model training, autonomous agent deployment, cryptomining, or any AI misuse resulting in legal, regulatory, technical, financial, or reputational harm.

You expressly acknowledge that SCALIBIT has no visibility into, control over, or responsibility for any AI, GPU, or Specialized Compute workloads executed within your environment, and you agree to fully indemnify SCALIBIT against any investigations, enforcement actions, penalties, civil claims, criminal proceedings, or regulatory actions arising from such activities.

This indemnification obligation is independent of, and in addition to any other indemnification or limitation of liability provisions set forth in this Agreement and shall survive the suspension, termination, or expiration of the Services.

SCALIBIT reserves the right, at its sole discretion, to participate in the defense of any claim through counsel of its choosing or to assume exclusive control of the defense and settlement of such claim. You agree to promptly notify SCALIBIT in writing of any claim and to cooperate fully in all related proceedings.

Pre-payment of Legal Fees: If SCALIBIT is named as a defendant, respondent, or subject of inquiry in any legal, regulatory, or administrative proceeding arising from Your Services, SCALIBIT may require advance payment of a non-refundable legal retainer or deposit to cover anticipated attorneys’ fees and defense costs. You agree to pay all legal invoices within seven (7) days of receipt, regardless of billing rates, jurisdiction, or complexity.

Reputational Harm: Your indemnification obligations expressly include compensation for reputational damage, brand harm, loss of goodwill, loss of customers, or commercial injury suffered by SCALIBIT as a result of your actions, public allegations, regulatory scrutiny, or media exposure related to your use of the Services.

42. U.S. EXPORT LAWS

42.1 Export Compliance and Sanctions

This Site and Our Services are subject to the export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Export Laws”).

SCALIBIT is a U.S.-based service provider, and as such, is legally required to comply with all applicable U.S. Export Controls and Trade Sanctions. Accordingly, SCALIBIT Services – including network routing, data hosting, account registration, payment processing, remote access, BGP announcements, and IP allocations – are not provided, routed, licensed, hosted, or made available (directly or indirectly) in any sanctioned country, embargoed territory, or to any individual or entity listed on U.S. restricted-party lists.

You may not use the Services to export, re-export, or permit the export or re-export of software or technical data in violation of U.S. Export Laws. Users shall not collect, store, or transmit any technical information or data that is controlled under U.S. Export Laws.

None of Our Services may be downloaded or otherwise exported or re-exported:

• Into (or to a national or resident of) any country, region, or territory that is the target of comprehensive sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), including, but not limited to, Cuba, Iran, North Korea, Syria, Russia, Belarus, or the Crimea, Donetsk People’s Republic (DPR), or Luhansk People’s Republic (LPR) regions of Ukraine.

• To any individual, organization, or entity included on any U.S. government lists of prohibited or restricted parties, including but not limited to:

  • The U.S. Treasury Department's Specially Designated Nationals (“SDN”) List

  • The Sectoral Sanctions List (“SSI”)

  • The U.S. Commerce Department's Denied Persons List

Resellers, affiliates, and customers are strictly prohibited from re-exporting, reselling, routing, or indirectly making SCALIBIT Services available to prohibited users, embargoed territories, or restricted parties. Any such unauthorized access or facilitation constitutes a material breach of this Agreement and may result in immediate termination without refund, along with mandatory reporting to competent authorities.

By accessing this Site and Our Services, You agree to comply with these laws and regulations. Specifically, You represent and warrant that:

• You are not a national or resident of, located in, or under the control of any restricted country or region.

• You are not listed on any prohibited parties lists under U.S. Export Laws.

• You are not owned, controlled, or acting on behalf of any person or entity designated as a Specially Designated National or Blocked Person by OFAC.

• You are not engaged in nuclear, missile, chemical, or biological weapons activities that require a U.S. Government license.

• You will not—directly or indirectly—purchase, use, sell, export, re-export, transfer, divert, or otherwise dispose of any service received from SCALIBIT in violation of these laws and regulations, nor will you provide access to or resell such services to any person, entity, or country subject to U.S. sanctions.

Failure to comply with these laws and regulations may result in the suspension or termination of Your Account. If You access this Site or Our Services from other countries or jurisdictions, You do so on Your own initiative and are responsible for compliance with the local laws of that jurisdiction to the extent they do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, You shall not access this Site or Our Services.

The obligations under this section shall survive any termination or expiration of this Agreement or Your use of this Site or Our Services.

Mandatory Identity Verification (KYC): SCALIBIT reserves the right to perform Know Your Customer (KYC) screenings and identity verification at any time. We may request official government identification, proof of residency, or business registration documents to ensure compliance with U.S. Export Laws. Failure to provide requested documentation within 24 hours will result in immediate service suspension without refund.

42.2 Prohibited Persons (Countries, Regions, Entities, and Individuals)

The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations, or entities, including, without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC.

If you are located in a Sanctioned Country, a sanctioned region (such as Crimea, Donetsk People’s Republic, or Luhansk People’s Republic), or are listed as an SDN, you are prohibited from registering, signing up with, subscribing to, or using the Services. SCALIBIT does not register, host, support, or provide any Hosting or IP-related service in connection with any sanctioned or embargoed country or region — including, but not limited to, Cuba, Iran, North Korea, Syria, Russia, Belarus, or the Crimea, Donetsk People’s Republic (DPR), or Luhansk People’s Republic (LPR) regions of Ukraine. Such services may not be routed, masked, resolved, proxied, forwarded, redirected, or used in any manner through SCALIBIT infrastructure — regardless of reverse proxy, CDN, VPN, hosting partner, or reseller arrangements. No exceptions, overrides, or authorizations apply under any circumstances.

For more details on U.S. Export Laws, please refer to the following official sources:

Office of Foreign Assets Control (OFAC) — U.S. Department of the Treasury:
https://ofac.treasury.gov/

Bureau of Industry and Security (BIS) — Export Administration Regulations (EAR):
https://www.bis.doc.gov

U.S. Department of Commerce — Export Laws & Trade Regulations:
https://www.trade.gov/us-export-controls

For additional compliance details and usage restrictions under U.S. Export and Sanctions laws, please refer to AUP §22 (U.S. Export Laws and Sanctions Compliance).

42.3 Advanced Compliance Restrictions & Anti-Circumvention

In addition to the restrictions outlined above, SCALIBIT strictly complies with U.S. secondary sanctions, European Union (EU) restrictive measures, and United Kingdom (UK OFSI) sanctions regulations. SCALIBIT Services may not be used to evade, bypass, or indirectly violate such sanctions through intermediaries, resellers, proxy access, VPN usage, or other technical means.

Users, resellers, affiliates, and sub-account holders are expressly prohibited from:

• Providing SCALIBIT Services to any person or entity located in, or ordinarily resident in, a sanctioned country or region; or to any individual or entity listed on OFAC, BIS, SDN, SSI, Denied Persons, or other restricted-party lists.

• Using VPNs, proxies, tunneling, remote access systems, or hosting/reselling arrangements to indirectly make SCALIBIT Services available to sanctioned jurisdictions or prohibited parties.

• Engaging in any activity defined under U.S. “dual-use” export control regulations, including military, nuclear, missile, satellite, drone (UAV), cryptography, cyber-intelligence, weapons development, or other controlled end uses regulated under ITAR, EAR Part 744, or similar frameworks.

Military, Dual-Use, and Controlled Technology Prohibition: You may not use SCALIBIT Services to support the development, testing, deployment, or transfer of military, nuclear, chemical, biological, or dual-use items that require a license under U.S. Export Laws, including EAR §744, ITAR, or other similar international export control regulations. This includes, but is not limited to, weapons development, defense intelligence operations, missile guidance software, unmanned aerial vehicle (UAV) control systems, mass surveillance tools, or other restricted military or strategic technologies.

Dual-Use & Military End-Use Restrictions: SCALIBIT Services may not be used for the design, development, deployment, training, or operation of technologies related to weapons systems, mass surveillance, military infrastructure, or intelligence services, including but not limited to ballistic missile systems, drone warfare, cyber operations, nuclear technology, satellite weapons, or battlefield communication systems.

Re-Export and Indirect Service Provision: You may not resell, re-export, assign, sublicense, redistribute, or otherwise make SCALIBIT Services available — directly or indirectly — to any restricted user, entity, or jurisdiction. Limited exceptions may apply only for non-sanctioned regions or non-restricted parties, and solely subject to full export compliance screening and explicit written authorization by SCALIBIT.

Absolute Prohibition — No Exceptions for Comprehensively Sanctioned Jurisdictions: Under no circumstances does SCALIBIT authorize, permit, or enable the provision of Services — directly or indirectly — to any comprehensively sanctioned country, region, or territory, including, but not limited to, Cuba, Iran, North Korea, Syria, Russia, Belarus, and the Crimea, Donetsk (DPR), or Luhansk (LPR) regions of Ukraine, nor to any individual or entity designated on OFAC, BIS, SDN, SSI, ITAR, Denied Persons, Entity List, Unverified List, or similar restricted-party lists. No contractual approval, reseller agreement, third-party routing, VPN access, or customer request can override this absolute prohibition.

Any potential authorization (if legally permissible) may apply only to non-comprehensively sanctioned regions or non-restricted parties, and remains strictly subject to full compliance screening, export classification, end-use verification, and written approval under U.S. Export Laws — including OFAC, EAR §744, and ITAR.

SCALIBIT reserves the right to verify user identity, enforce IP geolocation restrictions, suspend or terminate access, or report suspected violations to competent authorities. Any breach of these provisions constitutes a material violation of this Agreement and may result in immediate termination without refund.

These obligations apply regardless of whether access occurs directly via SCALIBIT’s infrastructure or indirectly via sub-accounts, resellers, VPNs, proxies, or third-party networks. All compliance duties survive termination, cancellation, or expiration of Services.

In the event of any conflict between local laws and U.S. Federal Export Controls or Sanctions Regulations, the latter shall prevail. All users, resellers, and affiliates are responsible for ensuring that their use of SCALIBIT Services conforms to these overriding legal obligations, regardless of geographic location, operational jurisdiction, or applicable local legal frameworks.

Geo-Blocking and Network Filtering: SCALIBIT utilizes automated geolocation and IP filtering to prevent access from sanctioned jurisdictions. The use of VPNs or proxies to bypass these filters is a material breach of this Agreement. SCALIBIT is not liable for any service unavailability or "false positives" resulting from these mandatory legal compliance measures.

42.4 Illicit Finance, Cryptocurrency Mixers, Dark Web Services, and OFAC-Designated Platforms

In accordance with U.S. Federal Sanctions Programs, the Bank Secrecy Act (BSA), OFAC cyber-related sanctions, and anti–money laundering (AML) regulations, SCALIBIT strictly prohibits any use of its Services to operate, host, support, facilitate, or provide access to cryptocurrency tumblers, blockchain mixers, anonymization platforms, or any OFAC-designated or sanctioned crypto services — including, but not limited to, Tornado Cash, Blender.io, Sinbad.io, ChipMixer, Helix, or other similarly designated entities or wallets.

SCALIBIT Services may not be used to operate, host, support, or facilitate any cryptocurrency mixing, tumbling, anonymization, sanctions-evasion, or darknet-related service — including, but not limited to, Tornado Cash, Blender.io, Sinbad.io, ChipMixer, Helix, or any other virtual currency mixer, tumbling service, anonymization tool, or blockchain privacy platform that is designated or sanctioned by OFAC, BIS, FinCEN, the U.S. Department of Justice, the United Nations, the European Union, or the UK HM Treasury. This prohibition also extends to the use of privacy-enhancing cryptocurrencies (e.g., Monero/XMR, Zcash/ZEC), anonymity-enhanced wallets, DeFi exploit platforms, cross-chain bridge laundering services, chain-hopping, or any system designed to obscure or mask user identity, asset origin, or transactional traceability.

Hosting, storing, routing, reverse proxy use, tunneling, or facilitating access to any Dark Web–related service — including Tor exit nodes, I2P gateways, onion-routing services, darknet marketplaces, or privacy-enhancing technology intended to obscure user or transactional identity — is strictly prohibited on SCALIBIT infrastructure.

Use of SCALIBIT Services to enable, support, or route traffic for ransomware payment infrastructure, cryptocurrency obfuscation, sanctions evasion, money laundering, illicit finance, or any “mixing” or anonymizing activity for digital assets is strictly forbidden — regardless of user intent, proxy configuration, hosting partner, or reseller arrangements.

This prohibition applies regardless of technical use case, including but not limited to:

• Operating or hosting cryptocurrency mixing, tumbling, or anonymization platforms (including smart contracts, APIs, RPC nodes, or related infrastructure)

• Hosting Tor exit nodes, I2P routers, darknet gateways, or proxy services that facilitate anonymized or encrypted traffic for prohibited activities

• Providing compute, networking, VPN, hosting, CDN, storage, or IP services knowingly used for sanctions evasion, ransomware payments, or OFAC-listed wallets

• Reverse proxying, fronting, masking, or indirect routing of traffic to any sanctioned or designated location or entity through SCALIBIT Services

Any violation of this section constitutes a material breach of the Agreement and will result in immediate termination without refund, and may be reported to relevant authorities, including OFAC, FinCEN, BIS, or other cyber enforcement agencies.

No contractual approval, reseller agreement, VPN usage, domain masking, or customer request can override this prohibition.

42.5 AI Export Regulations, Dual-Use Controls, and Model Transfer Restrictions

In addition to traditional export controls and economic sanctions, advanced AI technologies — including GPU-based Compute, Machine Learning Models, Large Language Models (LLMs), Deepfake Generators, Biometric Processing Systems, and Synthetic Dataset Tools — are increasingly subject to U.S. and international dual-use export regulations.

SCALIBIT infrastructure (including GPU Compute, Cloud Compute, Optimized Compute, and Dedicated Servers) may not be used to develop, train, host, export, or re-export AI models, datasets, or software that are classified as “dual-use,” “military end-use,” or otherwise controlled under:

• U.S. Export Administration Regulations (EAR), including Category 3D001, 3A090, and 4A090 - AI and Supercomputing Controls

• EAR §744 “Military End-Use and Dual-Use AI Restrictions”

• U.S. Executive Order on Safe, Secure, and Trustworthy AI (Oct. 2023)

• EU Artificial Intelligence Act (EU AI Act) – High-Risk & Prohibited AI Systems

• Wassenaar Arrangement on Export Controls for Dual-Use Goods and Technologies

• United Kingdom’s Export Control Order on AI-Supported Surveillance and Weapon Guidance Systems

Prohibited AI Use Cases include, but are not limited to:

• Training, hosting, or exporting AI models used for weapons development, military targeting, automated drone control, missile guidance, battlefield communications, or cyber warfare systems

• AI systems used for biometric surveillance, mass face recognition, deepfake impersonation, or identity manipulation to evade sanctions or law enforcement

• Exporting or facilitating transfer of controlled AI model weights, fine-tuning data, or GPU access to sanctioned countries or restricted parties

• Providing AI training resources (GPU compute) to individuals or entities subject to U.S. export restrictions, or located in OFAC-sanctioned jurisdictions

High-Performance Compute (≥100 TFLOPS) and GPU clusters (including NVIDIA A100, H100, AMD MI300, and similar) are subject to additional reporting, licensing, and export restrictions under EAR §740.17 and U.S. Executive Orders. SCALIBIT does not provide such resources to any sanctioned destination, entity, or user without full export compliance verification.

Model Export, Weights Sharing, and Controlled Distribution: Customers are prohibited from using SCALIBIT Services to export, transmit, sell, or distribute AI model weights, inference engines, training pipelines, synthetic data generators, or software classified as controlled technical data under EAR or EU Dual-Use Regulations — including via API, cloud access, or encrypted data channels.

SCALIBIT may suspend or terminate any Service used to facilitate AI misuse, weaponizable model development, or export of controlled AI technologies, including but not limited to:

• AI-assisted cyber attacks, DDoS automation, exploit generation, ransomware facilitation

• Deepfake fabrication, identity spoofing, facial/voice impersonation, biometric manipulation

• Training LLMs or vision models on sensitive, unlawfully obtained, or medically regulated data (PHI, biometric, genetic, classified, or restricted datasets)

No contractual approval, reseller agreement, API tunneling, encryption, or VPN-based access may override these prohibitions. Any violation may result in immediate account termination, referral to relevant export authorities (OFAC, BIS, EAR, or MLAT-partnered agencies), and permanent service denial.

Export-Controlled AI Model Weights and Synthetic Dataset Transfers:
Under EAR, ITAR, and EU Dual-Use Regulations, certain AI model weights, fine-tuning datasets, restricted synthetic datasets, and inference systems — particularly those capable of national security, biometric surveillance, or autonomous weapons applications — may be classified as export-controlled technical data. Customers are expressly prohibited from transmitting, exporting, selling, sharing, licensing, publishing, mirroring, or providing remote access to any export-controlled AI model weights, fine-tuning datasets, synthetic data derivatives, or restricted AI technical capabilities through SCALIBIT infrastructure — including via API endpoints, git repositories, cloud storage, container registries, private links, AI agents, encrypted transfers, or any other direct or indirect distribution mechanism.

Classification and Responsibility Disclaimer:
SCALIBIT does not classify, audit, validate, or determine whether any AI model, dataset, synthetic data derivative, or model weight constitutes “export-controlled technical data” under EAR, ITAR, EU Dual-Use Regulations, or any other applicable export-control or national security framework. The sole responsibility for determining export-control status, obtaining necessary licenses, performing end-use certification, maintaining audit trails, and ensuring full legal compliance — including screening against OFAC, BIS, ITAR, or EAR §744 restrictions — rests entirely with the Customer. SCALIBIT assumes no liability for any misclassification, undeclared export-controlled material, or unauthorized transfer of controlled or restricted AI technologies.

These compliance obligations apply to all users, resellers, sub-accounts, and indirect users, and remain binding after termination of Services.

43. COMPLIANCE WITH LOCAL LAWS

SCALIBIT makes no representation or warranty that the content, materials, or Services available on this Site are appropriate, lawful, or permitted for use in every country or jurisdiction. Access to this Site or any SCALIBIT Service from territories where such access or use is prohibited by law is strictly forbidden.

Users who choose to access this Site or utilize SCALIBIT Services from outside the United States do so on their own initiative and are solely responsible for compliance with all applicable local laws, regulations, and governmental requirements of their jurisdiction — including, without limitation, those relating to data protection, privacy, consumer protection, telecommunications, AI regulation, and export control regulations.

SCALIBIT does not provide legal advice, does not assess compliance with foreign laws, and does not guarantee that use of its Services will satisfy the laws of any non-U.S. jurisdiction. Nothing in this Agreement shall be construed as legal advice or as a representation that the Services comply with any specific foreign legal or regulatory framework. Users are solely responsible for seeking independent legal counsel to confirm local compliance requirements, including GDPR, LGPD, PIPEDA, PDPA, or similar international regulations.

No Liability for Local Restrictions: SCALIBIT is not responsible for any inability to use the Services resulting from local censorship, government firewalls, network filtering, or regional bans imposed by Your local jurisdiction. The Service is considered delivered once it is reachable from SCALIBIT’s backbone network, regardless of Your local ISP's restrictions.

SCALIBIT reserves the right, at its sole discretion, to restrict, suspend, or terminate access to the Site or Services in any country, region, or jurisdiction where such access is or may be deemed unlawful, restricted, or inconsistent with applicable regulatory obligations.

Failure by the User to comply with applicable local laws, sanctions, or regulatory restrictions may result in immediate termination of Services without refund, and where mandated, SCALIBIT may report such violations to appropriate authorities.

Local Tax and Regulatory Duties: The Customer is solely responsible for identifying, calculating, and paying any local taxes, digital service levies, withholding taxes, VAT, GST, or similar fiscal obligations required by the country from which they operate. SCALIBIT does not act as a tax representative for the Customer in any non-U.S. jurisdiction.

44. NO THIRD-PARTY BENEFICIARY RIGHTS

This Agreement, including all addenda, schedules, and incorporated policies, is made exclusively between SCALIBIT and the Customer. It is not intended to, and shall not be construed to, grant any rights, remedies, benefits, claims, or interests whatsoever to any third party — including, without limitation, any reseller, affiliate, end-user, sub-account holder, downstream client, payment processor (including card networks or PSPs), upstream data center provider, network infrastructure provider, or other external entity — whether as a third-party beneficiary or otherwise.

No past, present, or future customer of the Customer (including end-users, subscribers, clients, or hosted account holders) shall have any legal standing or privity of contract with SCALIBIT, nor any direct claim, right of action, or enforceable interest under this Agreement or any SCALIBIT policy.

No Direct Support or Liability: SCALIBIT provides technical support and account access exclusively to the registered Customer. We will not respond to, nor provide information to, any third party (including the Customer’s clients) regarding the status, content, or performance of the Services. The Customer is the sole interface for their own end-users.

Downstream Indemnification: If any third party, downstream client, or end-user attempts to bring a legal claim, cause of action, regulatory inquiry, or governmental request against SCALIBIT arising from the Customer's account, the Customer shall be responsible for all legal defense costs pursuant to Section 41 (Indemnification).

All provisions of this Agreement are intended solely for the benefit of the Parties hereto — SCALIBIT and the Customer — and their respective permitted successors and assigns, and shall not create any third-party beneficiary rights under any legal or equitable theory.

45. NOTICES

All contractual, billing, compliance, regulatory, or legal notices, claims, or communications under this Agreement must be submitted to SCALIBIT in writing through one of the following officially designated channels:

• General legal and compliance matters: legal@scalibit.com

• Subpoenas, court orders, or law enforcement requests: legalrequests@scalibit.com

• Billing and payment matters: billing@scalibit.com

• Official ticketing system (Client Portal): https://scalibit.com/login/

All notices sent to SCALIBIT must originate from the registered and verified email address associated with the Customer’s account or be submitted via the authenticated Client Portal. Notices to the Customer shall be delivered electronically to the primary contact email address on record or via the Client Portal.

Electronic Notice Validity: Electronic notices (including email and Client Portal communications) are deemed legally valid, binding, and enforceable, and shall be considered received on the date transmitted, regardless of whether such notice is actually opened or read. If transmitted on a non-business day, notice shall be deemed received on the next business day, in accordance with applicable electronic communications laws, including the U.S. ESIGN Act, UETA, and EU eIDAS Regulation.

Origin of Notice: SCALIBIT will only process and recognize notices sent from the Primary Email Address verified in the Customer’s profile or submitted via an authenticated Client Portal ticket with a valid case number. Any communication sent from an unverified, third-party, or non-associated email address shall be considered invalid and non-binding. It is the Customer’s sole responsibility to ensure that SCALIBIT’s domain (@scalibit.com) is whitelisted and that its email systems are properly configured to receive notices.

The Customer may update its notice or contact information by submitting a written request through the Client Portal or by email to billing@scalibit.com. SCALIBIT shall not be liable for any failure of notice delivery resulting from outdated, inaccurate, or misconfigured contact information provided by the Customer.

Where required by applicable law, physical or statutory notices (including formal service of process, subpoenas, or regulatory correspondence) may also be delivered to SCALIBIT’s registered corporate address as listed on its Legal Notice page. Such physical delivery does not replace or waive the validity of electronic notice, which remains the primary and preferred method unless explicitly prohibited by law.

Exclusion of Informal Channels: For the avoidance of doubt, no legal, contractual, or termination notice shall be deemed valid if submitted via social media platforms (LinkedIn, X/Twitter, etc.), public forums, live chat systems (unless converted into an official support ticket), or third-party messaging applications (including WhatsApp, Telegram, Signal, or similar services). SCALIBIT does not monitor such channels for official legal service or contractual communications.

46. ELECTRONIC COMMUNICATIONS

Communications between You and SCALIBIT are primarily conducted through electronic means — including, without limitation, the SCALIBIT Client Portal (Support Ticket System), system-generated notifications, email, or notices posted on the SCALIBIT website. By using the Services, You (i) consent to receive all communications electronically, and (ii) agree that all terms, notices, disclosures, invoices, service alerts, suspension warnings, policy updates, and other communications delivered electronically satisfy any legal requirement that such communications be in writing, including under the U.S. ESIGN Act, UETA, and EU eIDAS Regulation.

Where SCALIBIT requires that You provide an email address, You are responsible for providing, maintaining, and regularly monitoring a valid, active, and functional email address. If the last email address provided to SCALIBIT is invalid, inactive, misconfigured, or incapable of receiving communications, SCALIBIT’s dispatch of an email or Client Portal notice to such address shall nonetheless constitute effective and legally sufficient notice.

Each Party agrees that (i) the sender identification, account metadata, or authentication credentials contained in an electronic communication are legally sufficient to verify the sender’s identity and authenticity; (ii) any electronic communication containing Your account credentials, digital signature, account identifier, or authenticated session shall establish You as its originator and has the same legal effect as a document bearing Your handwritten signature; and (iii) any email, system log, Client Portal message, or printout thereof constitutes valid, admissible, and legally enforceable evidence of the communication’s content, transmission, and timing.

Electronic communications — including messages delivered through the Support Ticket System, automated service alerts, suspension notices, billing updates, and website-posted notices — shall be deemed properly delivered once transmitted or published by SCALIBIT’s systems, regardless of whether You actually access, read, or otherwise acknowledge such communications.

Conclusive Evidence of Logs: In the event of a dispute, You agree that SCALIBIT’s internal system logs, mail server headers, audit trails, and database timestamps shall constitute definitive and conclusive evidence of the dispatch, content, and receipt of any electronic communication. You expressly waive any right to challenge the accuracy or admissibility of such records absent verifiable technical proof of a system-wide failure attributable solely to SCALIBIT.

Liability for Credential Misuse: Any electronic communication, request, or action initiated using Your account credentials — including support tickets, cancellations, configuration changes, or service instructions — is legally attributed to You. You are solely responsible for maintaining the confidentiality and security of Your access credentials, and SCALIBIT shall not be liable for any actions taken in reliance on communications originating from a compromised or misused account.

47. ENTIRE AGREEMENT; FINAL AND BINDING TERMS

This Agreement — together with all documents incorporated by reference, including the Acceptable Use Policy, Privacy Policy, Data Processing Addendum, Billing and Refund Policy, Service Level Agreements (SLA), and any service-specific terms — constitutes the entire, complete, and exclusive understanding between You and SCALIBIT. It supersedes all prior or contemporaneous proposals, negotiations, representations, or agreements, whether written or oral, relating to the subject matter hereof.

You acknowledge and agree that electronic acceptance of this Agreement — including through online registration, click-wrap acceptance, account activation, payment submission, or continued use of the Services — constitutes a valid, enforceable, and legally binding execution of this Agreement, with the same force and effect as a handwritten signature.

No statement, representation, marketing material, pricing quote, correspondence, support communication, or prior communication — whether made by SCALIBIT or any reseller, affiliate, contractor, technician, agent, or representative — shall amend, modify, supplement, or override the terms of this Agreement unless expressly set forth in a written amendment executed by an authorized corporate representative of SCALIBIT.

Any waiver, modification, or amendment to this Agreement shall be valid only if made in writing and executed by SCALIBIT through its duly authorized representative. No SCALIBIT employee, contractor, reseller, or support agent has authority to modify or waive any provision of this Agreement through verbal statements, informal communications, tickets, or email correspondence.

Order of Precedence: In the event of any direct conflict or inconsistency between this Agreement and any service-specific addendum, rider, Service Level Agreement (SLA), or billing-related policy, the service-specific or billing-specific terms shall prevail solely with respect to the applicable Service.

Language of Control: This Agreement is executed in the English language. Any translations are provided solely for convenience. In the event of any inconsistency, ambiguity, or conflict between the English version and any translated version, the English version shall control and be the sole legally binding document.

48. NO AGENCY RELATIONSHIP

Nothing in this Agreement shall be interpreted as creating any agency, partnership, joint venture, franchise, fiduciary duty, employment, or other joint enterprise relationship between You and SCALIBIT. Each Party acts as an independent entity and is solely responsible for its own obligations, representations, conduct, and liabilities.

No reseller, referral partner, affiliate, managed service provider, consultant, or technical representative (whether disclosed or undisclosed) shall be deemed to be an agent or legal representative of SCALIBIT. Such parties have no authority to make commitments, warranties, representations, legal agreements, or obligations on behalf of SCALIBIT.

You may not represent yourself, directly or indirectly, as an employee, agent, partner, or legal associate of SCALIBIT unless expressly and formally authorized in writing by SCALIBIT. No actions, statements, or implied conduct of either Party shall create a binding agency relationship in the absence of a formally executed agreement.

No Binding Authority: No third party, including resellers or managed service providers, has the power or authority to incur any debt, obligation, or liability on behalf of SCALIBIT. Any attempt to bind SCALIBIT to a third-party contract, warranty, or commitment without SCALIBIT’s express written consent is null and void.

Intellectual Property and Branding: Use of the SCALIBIT name, logo, or trademarks for marketing or resale purposes is strictly governed by SCALIBIT’s Brand Policy. This Agreement does not grant any implied license to use SCALIBIT’s branding in a manner that suggests a partnership, official endorsement, or joint venture.

49. ENFORCEABILITY

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or authority of competent jurisdiction, such provision shall be deemed severed or modified only to the minimum extent required, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall automatically be replaced with a valid and enforceable provision that most closely reflects the original intent, purpose, and commercial effect—without changing the overall balance of rights and obligations set forth in this Agreement.

No failure or delay by SCALIBIT to exercise any right, remedy, or provision under this Agreement shall constitute a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude the further exercise of any other right or remedy. All terms of this Agreement remain enforceable to the fullest extent permitted by law in any jurisdiction.

Non-Waiver of Future Rights: Any waiver of a breach of any provision of this Agreement shall not be construed as a continuing waiver or a waiver of any subsequent breach of the same or any other provision. SCALIBIT’s silence or inaction in the face of a Customer’s violation does not grant the Customer any "acquired right" to continue such violation.

Judicial Reformation: If a court finds any part of this Agreement overbroad or unenforceable, the Parties agree that the court should limit or reform that part to the minimum extent necessary to make it enforceable while preserving the original risk allocation and commercial intent of SCALIBIT.

50. ASSIGNMENT, TRANSFER, AND RESALE RESTRICTIONS

Except as expressly permitted in writing by SCALIBIT, You may not assign, transfer, sublicense, delegate, rent, lease, share, resell, or otherwise convey, whether directly or indirectly, by contract, operation of law, or economic equivalent any of Your rights or obligations under this Agreement — including any service access, API credentials, hosting environment, IP allocation, or account-level privileges. Any attempt to do so without SCALIBIT’s prior written consent shall be null and void, and may result in immediate suspension or termination of Services without refund.

No Account Trading: You are strictly prohibited from selling, trading, or auctioning Your SCALIBIT account or any associated service identifiers on third-party forums, marketplaces, or darknet platforms. Any change in beneficial ownership of a corporate account must be reported to SCALIBIT within 48 hours.

Unauthorized Service Resale & White-Labeling: Except where expressly allowed under a separate written Reseller or Partner Agreement executed by SCALIBIT, You may not:

• Operate SCALIBIT Services as a white-label hosting platform, data center operator, cloud service provider, or mail hosting service;

• Sub-license or reallocate compute capacity, GPU access, bandwidth, IP addresses, VPS/VM instances, storage, or GPU nodes;

• Resell or repackage SCALIBIT Services as Your own infrastructure or brand without SCALIBIT’s formal written approval.

• Expose, monetize, or provide third-party access to SCALIBIT Services via APIs, automation layers, dashboards, or orchestration systems;

No Proxy or Shell Usage: You may not purchase Services as a proxy or "shell" on behalf of a prohibited person, entity, or jurisdiction. The Service is granted exclusively for Your internal business use or for the specific end-use declared at the time of purchase.

SCALIBIT Assignment Rights: SCALIBIT may assign, transfer, delegate, or subcontract any of its rights or obligations under this Agreement — in whole or in part — without prior notice to the Customer, including, without limitation, in connection with:

• any corporate restructuring, merger, acquisition, consolidation, or sale of assets;

• any transfer to SCALIBIT’s affiliates, upstream data center providers, or other service providers;

• compliance with regulatory, legal, or contractual obligations.

This Agreement shall be binding upon, and inure to the benefit of, SCALIBIT and its permitted successors and assigns. Any transfer, resale, or sublicensing of Services not expressly authorized by SCALIBIT is strictly prohibited.

51. FORCE MAJEURE

SCALIBIT shall not be liable for any failure or delay in the performance of its obligations under this Agreement where such failure or delay results, directly or indirectly, from events or circumstances beyond its reasonable control (each, a “Force Majeure Event”), whether foreseeable or unforeseeable.

Force Majeure Events include, without limitation:

• Natural disasters or acts of God, including fire, flood, earthquake, storm, lightning, landslide, or similar events;

• Epidemics, pandemics, public health emergencies, governmental lockdowns, or quarantine restrictions;

• War (declared or undeclared), armed conflict, civil unrest, riots, insurrection, terrorism, embargoes, or geopolitical sanctions;

• Failure, outage, or disruption of upstream data center facilities, power supply, cooling systems, telecommunications infrastructure, backbone carriers, or upstream Internet networks beyond SCALIBIT’s reasonable control;

• Widespread shortages, delays, or unavailability of energy, telecommunications services, hardware components, raw materials, or critical transportation services;

• Acts, orders, legislation, regulations, or restrictions imposed by governmental, regulatory, or judicial authorities that materially affect the Services or SCALIBIT’s ability to operate;

• Large-scale cyber warfare, state-sponsored cyberattacks, coordinated infrastructure sabotage, or widespread zero-day exploits that render commercially reasonable protection measures ineffective;

• Global semiconductor shortages, supply chain disruptions, or manufacturing delays affecting the availability or replacement of CPUs, GPUs, networking equipment, or other specialized hardware components.

During the continuance of a Force Majeure Event, SCALIBIT’s affected obligations shall be suspended to the extent and for the duration of the impact, and SCALIBIT shall be granted a reasonable extension of time to resume performance. SCALIBIT will use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and to restore affected Services as soon as practicable.

The Customer expressly acknowledges and agrees that certain obligations — including, without limitation, payment obligations, compliance with the Acceptable Use Policy, indemnification duties, export control obligations, and restrictions relating to unlawful, prohibited, or high-risk use — shall remain in full force and effect and are not excused, suspended, or delayed by any Force Majeure Event.

Where commercially feasible, SCALIBIT may provide notice of a Force Majeure Event via email, the Client Portal, or the official Service Status Page. Any delay or failure to provide such notice shall not affect the applicability or enforceability of this Section.

No Financial Excuse: For the avoidance of doubt, economic hardship, insolvency, business interruption, market conditions, or lack of funds on the part of the Customer shall not constitute a Force Majeure Event and shall not relieve the Customer of its obligation to pay for Services already rendered, provisioned, or contractually committed.

52. GOVERNING LAW & JURISDICTION

This Agreement and any dispute or claim arising out of or in connection with it, its subject matter, or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

In case of any conflict between local laws and U.S. Federal Export Controls, Sanctions Regulations, or National Security Laws, the applicable U.S. Federal laws shall prevail and have priority over any local laws — and shall apply to all SCALIBIT Services, regardless of customer location, hosting jurisdiction, or contractual interpretation.

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the Services provided by SCALIBIT, the Parties shall first attempt to resolve the matter amicably through good faith negotiation. If no resolution is reached within thirty (30) days, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

The arbitration shall take place in Cheyenne, Wyoming, United States, before a single arbitrator appointed in accordance with the AAA Rules. The language of arbitration shall be English, and each Party shall bear its own costs and expenses, including legal fees, unless otherwise determined by the arbitrator in the final award.

Exclusive Venue: For any legal action that is not subject to arbitration, the Parties irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Cheyenne, Wyoming, United States, and waive any objection to venue or forum non conveniens.

Class Action Waiver: To the fullest extent permitted by law, You and SCALIBIT agree that any dispute resolution proceedings — whether in arbitration or court — shall be conducted only on an individual basis, and not in a class, consolidated, collective, or representative action. You hereby waive any right to participate in any class, group, or mass claim against SCALIBIT.

Costs of Arbitration: In any arbitration proceeding, the arbitrator may, in accordance with applicable law and the AAA Rules, award the prevailing Party its reasonable attorneys’ fees, expert witness fees, and arbitration costs. The Customer acknowledges that arbitration is a mandatory condition precedent to any other legal remedy, except as expressly stated herein.

Enforcement of Foreign Judgments: To the maximum extent permitted by applicable law, the Customer waives any right to challenge the enforcement of a Wyoming arbitral award or court judgment in their local jurisdiction. You agree that a judgment entered in Wyoming shall be final and enforceable worldwide without further review of the merits.

The arbitral award shall be final and binding upon the Parties, and judgment upon the award may be entered in any court of competent jurisdiction. You further agree that any claim or cause of action arising out of or related to the use of SCALIBIT’s Services must be filed within one (1) year after such claim or cause of action arose; otherwise, it shall be permanently barred.

Notwithstanding the foregoing, SCALIBIT reserves the right to seek injunctive, equitable, or emergency relief in any court of competent jurisdiction, without the requirement to initiate arbitration, where necessary to protect its intellectual property, confidential information, network integrity, or to prevent unauthorized access, abuse, or misuse of its infrastructure.

53. HEADINGS

The section and subsection headings contained in this Agreement are for convenience and reference purposes only. They do not define, limit, interpret, or describe the scope, intent, or legal effect of any provision of this Agreement and shall not affect its construction or interpretation in any way. In the event of a conflict between a heading and the actual language of the provision, the language of the provision shall prevail.

54. CHANGES TO THIS AGREEMENT

SCALIBIT reserves the right, at its sole discretion, to revise, modify, or update this Terms of Service (TOS) and any related policies (including but not limited to the Acceptable Use Policy, Privacy Policy, and Refund Policy) at any time, with or without prior notice. Unless otherwise stated, such revisions become effective immediately upon being published on the SCALIBIT website.

In the event of material changes — including modifications affecting billing terms, refund eligibility, data protection obligations, or security and compliance requirements — SCALIBIT may (but is not obligated to) provide advance notice via email, Client Portal announcement, or service notification banners. However, SCALIBIT is under no legal or contractual obligation to obtain user consent prior to implementing such updates.

It is your responsibility to review this Agreement periodically to remain informed of any updates or modifications. Your continued use of the Services after the effective date of any change constitutes your binding acceptance of the revised Terms. If you do not agree with the updated Terms, you must immediately discontinue use of the Services.

Except where required by law, amendments shall not apply retroactively to fees already paid or services already consumed.

The most current and authoritative version of this Agreement is always available at:
https://scalibit.com/legal/terms-of-service

SCALIBIT may, from time to time, introduce additional legal terms or usage restrictions specifically applicable to AI Services, Specialized Compute, GPU Processing, Synthetic Data Generation, Facial/Biometric Recognition, Automated Decision-Making, Deepfake/Model Hosting, or Dataset Handling. These updates may be issued as addendums, policy schedules, or modifications to the existing Terms, including but not limited to the AI Usage & Specialized Compute Policy, Acceptable Use Policy (AUP), Data Processing Agreement (DPA), and Export Control & Sanctions Policy. Such additions or revisions — once published on the SCALIBIT website — form an integral part of this Agreement and shall be deemed effective and binding upon publication, unless a later effective date is specified.

In the event of any conflict between a revised provision and a previously accepted version, the revised provision shall prevail from its effective date forward.

Exclusive Remedy for Disagreement: If You do not agree to the revised Terms, Your sole and exclusive remedy is to terminate the Services in accordance with the cancellation procedures set forth in this Agreement.

Notice of Material Change: While SCALIBIT is not obligated to provide individual notice, it may choose to highlight significant changes by updating the "Last Updated" date at the top of this document. It is the Customer's affirmative duty to check this date regularly.

55. ERRORS, OMISSIONS, AND PRICING DISCLAIMER

While SCALIBIT makes every reasonable effort to ensure the accuracy and completeness of all information published on its website, product listings, and client portal, occasional typographical errors, inaccuracies, or outdated details may occur. This may include, without limitation, errors in service descriptions, technical specifications, or pricing information.

SCALIBIT reserves the right to correct any such errors, inaccuracies, or omissions at any time — including after an order has been submitted — and to modify, cancel, or adjust any order affected by such discrepancies without prior notice. If a pricing or specification error impacts an existing order, the Customer will be notified and provided the option to either proceed at the corrected price or cancel the order for a full refund (if payment has already been received).

No Right to Enforcement of Errors: The Customer acknowledges that a clear typographical or pricing error does not constitute a binding offer or a valid contract. SCALIBIT’s acceptance of an order based on a manifest error is not enforceable against SCALIBIT, and SCALIBIT may rescind such transactions without penalty.

All prices, discounts, promotions, and offers displayed on the SCALIBIT website are subject to change at any time and without prior notice. SCALIBIT shall not be liable for any losses, misunderstandings, or damages resulting from outdated, inaccurate, or incorrectly displayed information on its website or related materials.

In addition to the foregoing, SCALIBIT makes no representation or warranty regarding the accuracy, reliability, legality, or completeness of any content, output, or information that may be generated, automated, or produced through AI-based, machine-learning, or algorithmic tools — including any text, code, logs, instructions, reports, or analytics. AI-generated information (including but not limited to chatbot responses, automated notifications, support guidance, API outputs, or model-assisted security reports) may contain errors, hallucinations, omissions, or misleading results and must not be solely relied upon for legal, financial, medical, security, or compliance-related decisions, and should not be considered professional advice.

Human-in-the-loop Requirement: You are strictly advised to verify any AI-generated technical instructions or compliance advice with a qualified professional or a SCALIBIT human representative before implementation. Any automated server adjustment or configuration change suggested by an AI tool is performed at Your own risk.

SCALIBIT disclaims all liability for any damages, losses, or decisions arising from the use, interpretation, or reliance on AI-generated content, whether provided through the Customer Portal, SOC platform, Abuse Center, ticket responses, automation tools, or any other communication channels. Customers using such outputs do so entirely at their own risk and remain solely responsible for verifying the accuracy, legality, and applicability of any such content before use.

AI-based recommendations, automation, server adjustment suggestions, compliance alerts, or policy explanations are provided strictly on an “as-is” and “for informational purposes only” basis, without warranty of accuracy or fitness for a particular purpose. They do not constitute legal, regulatory, security, contractual, or professional advice. SCALIBIT is not responsible for any outcome arising from such reliance.

All liability limitations, warranty disclaimers, and indemnification provisions — including but not limited to Sections 19 through 29, Section 39, Section 40, and any other applicable parts of this Agreement — apply equally to any AI-assisted, automated, or algorithmically generated content or output.

56. CONTACT INFORMATION

If you have any questions regarding this Agreement, or require clarification about its interpretation or application, please contact us through one of the following channels:

SCALIBIT.COM
Email (General Inquiries): info@scalibit.com
Email (Customer Support): support@scalibit.com
Email (Legal & Compliance): legal@scalibit.com

Please note that contacting SCALIBIT does not create any contractual obligation, legal partnership, or professional advisory relationship unless explicitly confirmed in writing by an authorized representative.

Official Communication Language: Please be advised that all official legal, compliance, and contractual inquiries must be submitted in the English language to ensure timely processing and legal clarity. Communications in other languages may experience significant delays or may not be processed if a certified translation is required.

SCALIBIT shall not be deemed to have waived any right, defense, or contractual provision by responding to inquiries or communications submitted through the above channels.