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TERMS OF SERVICE

Last Updated: April 12, 2025

READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. THE TERMS GOVERN THE USE OF THE SERVICE AND APPLIES TO ALL USERS WHO VISIT OR THAT ACCESS THE SITE. YOUR AGREEMENT TO THESE TERMS ARE CONTINGENT ON YOUR ACCESS AND/OR USE OF THE SITE AND/OR THE SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU MAY NOT ACCESS AND/OR USE THE SITE AND/OR THE SERVICE.

This Terms of Service (also referred to as “Terms”) constitutes a legally binding agreement made between you, whether personally or on behalf of a legally formed business entity (both hereinafter referred to as “you”) and Alkers Solution Inc. d/b/a niceGPU (hereinafter referred to as “Company”, “we”, “us”, or “our”), regarding your use of and related access to the https://www.nicegpu.com web page and any related subdomain (hereinafter referred to as the "Site") as well as the content, services, and/or any other resource made available on or enabled through the Site, including, but without limitation to compute instances, storage, cloud based services, and/or software and SAAS products (collectively, the “Service”).
The Company reserves the right, in its sole discretion, to make changes or modifications to these Terms of Service from time to time. When changes are made, the Company will update the date of these Terms of Service. You must check the applicable Terms every time you use the Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and deemed to have accepted any and all changes in any and all revised Terms of Service by your continued use of the Site after the date such revised Terms are posted.

By using and/or accessing the Site and/or the Service in any way, and/or by accepting these Terms of Service by clicking on the “I Accept” button, and/or by completing the account registration process, and/or by browsing the Site, you represent: (A) that you have read, understood, and agree to be bound by all of these Terms of Service; (B) that you are of legal age to form a binding contract with Company; (C) that you are not barred from using the Service under the laws of the United States, your place of residence or any other applicable jurisdiction; and/or (D) that you have the authority to enter into these Terms of Service personally, or if you are accessing or using the Service on behalf of an entity identified the account registration process.

NOTE: THE ARBITRATION AGREEMENT SECTION BELOW CONTAINS A PROVISION THAT GOVERNS HOW TO RESOLVE ANY POTENTIAL DISPUTE BETWEEN YOU AND THE COMPANY. PLEASE READ THAT SECTION CAREFULLY. IT CONTAINS BOTH A CLASS-ACTION AND A JURY-TRIAL WAIVER. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AS DEFINED IN THE SECTION WITHIN THE TIME PROVIDED YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any and all legal requirements that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. The Company may also use your email address to send you other messages, including information about the Company and Site and special offers. You may opt out of such email by changing your account settings or sending an email to the contact information provided below.

2. USER REGISTRATION

You may be required to register an account on the Site (hereinafter referred to as “Account”) in order to access the Service provided by the Site. By registering an Account on the Site, you both represent and warrant that: (A) all registration information that you submit will be accurate, current, true, and fully complete; (B) you will maintain the accuracy of such information provided and you will promptly update any such registration information as reasonably necessary to keep the information also accurate, current, true and fully complete. You further agree to keep your login credentials, including but not limited to your password, confidential and that you will be responsible for all use taken by your Account and related password, and you agree to immediately notify Company in writing of any breach of security including but not limited to any unauthorized use of your password. The Company reserves the right to reclaim, remove, and/or change a username you select if in the Company's sole discretion we determine that the username is, but not limited to, inappropriate, obscene, and/or objectionable. If you have been previously removed from the Site by the Company, or if you have been previously banned from any of the Service, you agree not to create an Account or use the Service. You need to be at least 18 years old to use the Site. You hereby affirm we have the right to terminate your account with or without prior notice or cause.
As part of the Site's functionality, you may be able to link your account with online accounts from third-party service providers (each such account, a “Third-Party Account”) by the following: (A) entering your Third-Party Account login details through the Site; or (B) granting us access to your Third-Party Account, as permitted under the relevant terms and conditions that govern your use of each Third-Party Account. In doing so, you affirm and guarantee that you have the right to disclose your Third-Party Account login details to us and/or allow us access to your Third-Party Account, without breaching any of the terms and conditions that govern your use of the applicable Third-Party Account, and without requiring us to pay any fees or subjecting us to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you acknowledge that (A) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is accessible on and through the Site via your account, including without limitation any friend lists and (B) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have configured in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be accessible on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be accessible on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. KINDLY NOTE THAT YOUR RELATIONSHIP WITH ANY THIRD-PARTY SERVICE PROVIDER THAT YOU CHOOSE TO ASSOCIATE WITH YOUR THIRD-PARTY ACCOUNTS IS SOLELY GOVERNED BY ANY AGREEMENT(S) YOU HAVE WITH THE AFOREMENTIONED THIRD-PARTY SERVICE PROVIDER(S). If and wherever relevant, we do not attempt to examine any Social Network Content for any reason, including but not limited to, verifying accuracy, legality, or non-infringement, and we disclaim responsibility for any Social Network Content. You recognize and consent that we may access your email address book linked to a Third-Party Account and your contacts list stored on your mobile device or tablet computer exclusively to identify and notify you of those contacts who have also signed up to use the Site. You have the option to disconnect the link between the Site and your Third-Party Account by reaching out to us using the contact details provided below or through your account settings (if and where applicable). We will endeavor to remove any data stored on our servers that was acquired through such Third-Party Account, with the exception of the username and profile picture that become linked to your account.

3. SERVICE USE AND CONTENT RESPONSIBILITY

The Service, along with the information and content accessible through it, is safeguarded by relevant intellectual property laws, including copyright. Unless governed by a distinct license agreement between you and Company, your entitlement to access and utilize the Service, whether in full or in part, is governed by these Terms of Use. Given that you meet the eligibility criteria to use the Site, we provide you with a restricted license solely for your personal access and use of the Site. Any unauthorized access, usage, or duplication is strictly forbidden. Facilitating such unauthorized access, usage, and duplication breaches these Terms of Use and exposes you to any remedies we may have under these terms and applicable law. You consent that we may, but are not obligated to, access, store, process, and utilize any of Your Content. Company bears no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating from or involving the use of the Service. You recognize that any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible, if and wherever relevant, through the Service (collectively referred to herein as: “Content”) are the sole responsibility of the party from whom such Content originated. This implies that you, and not Company, are fully accountable for all Content that you upload, post, email, transmit, or otherwise make available through the Service and that other users of the Service, and not Company, are likewise responsible for all Content that they make available through the Service (“User Content”).

4. SITE MANAGEMENT AND MONITORING

Although the Company is not obligated to monitor your access to or your use of the Site; and although the Company is not obligated to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to: (A) monitor the Site for violations of these Terms of Service; (B) take appropriate legal action against anyone who, in our sole discretion, violates the law and/or violates these Terms of Service, including and without limitation, reporting such user to relevant law enforcement or authority; (C) in our sole discretion and without limitation, restrict access to, refuse, disable, or limit the availability of (to the extent possible) any of your Contributions in full or in part; (D) in our sole discretion and without limitation, liability, or notice, to take down from the Site and/or disable any and all file(s) and content that are in any way burdensome to our systems; and (E) otherwise update, oversee, and manage the Site in a way that protects our rights and our property and to facilitate the intended and proper function and workability of the Site and of the Service. You understand and acknowledge that we are not obligated to perform any of the aforementioned tasks or take any action. There may be information on the Site that contains inaccuracies, omissions and/or errors which may or may not relate to the Service, including but not limited to pricing, descriptions, availability, and other information. The Company reserves the right to, in its sole discretion, correct, modify, update, and/or change any potential omissions, errors, and/or inaccuracies and the right to modify, correct, update, and/or change the information on the Site at any time, and without notice.

5. REPRESENTATIONS OF THE USER

By using the Site or the Service, you represent and warrant that you will not: (A) frame or use framing techniques to enclose any logo or trademark located on the Service or any other part of the Service (including images, text, page layout, or form); (B) use any metatags or other “hidden text” utilizing Company’s name or trademarks; (C) modify, translate, adapt, merge, create derivative works from, disassemble, decompile, reverse compile, or reverse engineer any part of the Service except to the extent these restrictions are expressly prohibited by applicable law; (D) access or use the Site or the Service through automated or non-human means, whether through a bot, script, or otherwise; (E) use the Site for any illegal or unauthorized purpose; (F) use the Site or the Service in a manner that violates any applicable law or regulation, including, but not limited to, export control and sanctions laws and anti-corruption laws; or (G) remove or destroy any copyright notices or other proprietary markings contained on or within the Service. You further represent and warrant that you are not (A) listed on, owned or controlled (directly or indirectly) by, or acting on behalf of, any individual identified on any U.S. or other applicable sanctions or export control-related prohibited party list (including, without limitation, the Specially Designated Nationals and Blocked Persons List, Foreign Sanctions Evaders List, and Sectoral Sanctions Identifications List, which are maintained by the Office of Foreign Assets Control of the United States of America Treasury Department) (collectively, “Prohibited Parties”); (B) situated, organized, or residing in a country or territory that is, or becomes subject to, an embargo by the United States of America or other applicable jurisdictions (such embargoed jurisdictions currently being North Korea, Syria, Iran, Cuba, and the Crimea, so-called Donetsk People’s Republic, and so-called Luhansk People’s Republic regions of Ukraine) (collectively, “Embargoed Countries”); (C) owned or otherwise controlled (directly or indirectly) by, or acting on behalf of, any person located or resident in an Embargoed Country; or (D) the government of Venezuela, including any person or entity employed or owned or controlled, directly or indirectly, by any subdivision, agency, or instrumentality of the government of Venezuela. You are prohibited from using the Site or the Service in any way that causes danger and/or harm to our platforms or otherwise may degrade the experiences of any other user(s) on the platform. You acknowledge that such use is a violation of these terms of service and grounds for immediate termination under the relevant provisions located therein. If you submit any information that is false, incorrect, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any and all current or future access to the Site (or any part of it). You are prohibited from using the Site or the Service for any illegal or unauthorized activities, nor may you, while using the Service, breach any laws, regulations, ordinances, or court orders applicable in Delaware and the jurisdiction where you are located. Unauthorized Content submitted to the Service includes: intoxicants of any kind; alcoholic beverages; illegal drugs or other illegal products; games of chance; and pornography or graphic adult content, images, or other adult products. Posting any unauthorized products or content may result in the immediate termination of your account and a permanent ban from using the Site. The Service may not be utilized by or in, or exported or re-exported to, Prohibited Parties, Embargoed Countries, individuals owned or otherwise controlled (directly or indirectly) by, or acting on behalf of, any person located or residing in an Embargoed Country, or the Government of Venezuela. Company is the service provider and does not make any claims regarding the safety, effectiveness, adequacy, accuracy, availability, prices, reviews, ratings, or legality of any information found on the Site or the Service. You agree and understand that the Site's content does not contain or form representations that can be reasonably relied upon. You warrant that you understand and further that you bear all risks associated with using the Site and Service. We provide no warranty regarding their effectiveness.

6. PROHIBITED AND UNLAWFUL ACTIVITIES

You are prohibited from accessing or using the Site for any purpose other than the ones we provide. The Site cannot be utilized for any commercial activities unless they are explicitly endorsed or approved by us. You agree not to use the Site or otherwise act in any of the following ways: (1) You may not systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. (2) You may not trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. You may not attempt to impersonate another user or person or use the username of another user. (3) You may not circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. You may not attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. (4) You may not license, sell, transfer, or commercially exploit the Site. (5) You may not disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. (6) You may not use any information obtained from the Site in order to harass, abuse, or harm another person. (7) You may not make improper use of our support services or submit false reports of abuse or misconduct. (8) You may not use the Site in a manner inconsistent with any applicable laws or regulations. (9) You may not engage in unauthorized framing of or linking to the Site. (10) You may not upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service. You may not upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (gifs), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). (11) You may not engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. (12) You may not delete the copyright or other proprietary rights notice from any Content. (13) You may not interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. (14) You may not harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you. (15) You may not copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. (16) You may not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. (17) Except as may be the result of standard search engine or Internet browser usage, you may not use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. (18) You may not use a buying agent or purchasing agent to make purchases on the Site. (19) You may not make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. (20) You may not use the Service as part of any effort to compete with us. (21) You may not use the Site to advertise or offer to sell goods and services. (22) You may not sell or otherwise transfer your profile.

7. INTELLECTUAL PROPERTY RIGHTS

Except for Your Content, you acknowledge that Company and its suppliers or licensors hold all rights, title, and interest in the Service. You must not remove, modify, or obscure any copyright, trademark, service mark, or other proprietary rights notices embedded in or accompanying the Service. We do not claim any ownership over Your Content. You maintain complete ownership of all your Contributions and any intellectual property rights or other proprietary rights linked to your Contributions. We are not responsible for any statements or representations in Your Content provided in any section of the Site. You are entirely accountable for Your Content. You grant Company a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display, and derive revenue or other remuneration from Your Content (in whole or in part) for the purposes of operating and providing the Service to you and to our other users. You recognize and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Service ("Feedback") that you provide to us are non-confidential and will become our exclusive property. We will hold all exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and distribution of this Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral and legal rights to any such Feedback. You agree that there will be no recourse whatsoever against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback. By submitting Feedback, you agree that we can use and share such Feedback for any purpose without approval, communication, and/or any form of compensation to you.

NiceGPU, along with all associated service marks, trade names, logos, graphics, and stylizations utilized on or with the Service, are trademarks of Company and cannot be used without authorization in relation to your, or any third-party’s, products and/or services. Other trade names, trademarks, and service marks that may be visible on or within the Service are the property of their respective owners.

It is the Company's policy to revoke membership privileges of any user who repeatedly violates copyright, trademark, or other intellectual property rights upon prompt notification to the Company by the respective intellectual property owner or their legal representative. Without limiting the above, if you believe that your work has been copied and posted on the Service in a manner that constitutes intellectual property rights infringement, please provide our designated intellectual property agent with the following details: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (B) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (C) a description of the location on the Service of the material that you claim is infringing; (D) your address, telephone number, and email address; (E) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent, or the law; and (F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf. Contact information for the Company for notice of claims of infringement using the contact information contained herein.

8. USER CONTENT

You agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which the Company may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or process through use of the Services. You acknowledge that your Content may become observable by other users of the Site and possibly through the use of known or unknown third-party websites. Therefore, when you make available and/or create any Content, you understand, represent and warrant that:

  1. Your Content does not breach any applicable laws regarding child pornography or other regulations aimed at safeguarding the health or well-being of minors.
  2. Your Content does not mock, disparage, intimidate, or abuse anyone. Your Content is not used to abuse, harass, or threaten (in the legal sense of those terms) any other person and does not promote violence against a specific person or group of people.
  3. Your Content does not contravene any applicable laws, regulations, or rules. Your Content does not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
  4. Your Content does not involve commercial activities or sales, such as contests, sweepstakes, bartering, advertising, or pyramid schemes, without the Company’s prior written consent.
  5. Your Content does not contain offensive remarks related to race, national origin, gender, sexual orientation, or physical disability.
  6. Your Content does not infringe upon the privacy or publicity rights of any third party. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Content do not and will not infringe upon the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.
  7. Your Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  8. Your Content is not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, slanderous, or otherwise objectionable (as determined by us).
  9. Your Content is not false, inaccurate, or misleading.
  10. You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use Your Content in any manner contemplated by the Site and these Terms of Service.
  11. You have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Content in any manner contemplated by the Site and these Terms of Service.

Any use by you of the Site or the Service that breaches the aforementioned conditions violates these Terms of Service and may lead to, among other consequences, the termination or suspension of your rights to access and use the Site and the Service.

9. PAYMENT TERMS

All Services are provided on a prepaid basis. Payment must be made in advance before services are activated. If payment is not received in advance, services will not be provided and may be suspended. The Company in its sole discretion may choose to use any number of third-party service providers for the purpose of payment and financial related services. This includes but is not limited to: merchant settlement, credit card acceptance, and other related services. (Collectively herein after referred to as: “Third-Party Service Provider”). You agree and understand that if you make any purchase on the Site regarding but not limited to the Service, you will therefore be required to offer and include your related payment information as well as potentially other additional information that may be reasonably required to finalize your order to a related Third-Party Service Provider. You agree to be bound by the Third-Party Service Provider's Privacy Policy, where relevant, accessible on their primary domain page, as well as any related Terms of Service of the Third-Party Service Provider, also found on their related domain page. You consent and you authorize the Company, and any related Third-Party Service Provider may share any of your information and payment instructions that you have provided with one or more Third-Party Service Provider(s) to the minimum extent required in order to finalize and complete your related purchase transactions. Online payment transactions may but are not required to be subject to validation checks by our Third-Party Service Provider and by your credit card issuer where relevant. The Company is not responsible if your credit card issuer, where relevant, declines to authorize and/or rejects payment for any reason. Third-Party Service Provider may use various fraud prevention protocols as well as potentially any industry standard verification systems for your protection, and in order to reduce fraud. You authorize Third-Party Service Provider to both authenticate and verify your information pertaining to payment. Where relevant, your credit card issuer may charge you a processing fee and/or online handling fee, which you understand and agree the Company is not responsible for. In some jurisdictions, our Third-Party Service Provider may choose to employ the use of additional third parties under strict confidentiality and data protection requirements for the limited purposes of services related to payment processing. You agree that you are responsible to pay all related charges and/or fees listed at the relevant prices in effect at the time of your purchase(s) in accordance with any billing terms also in effect at that time any fee is either payable and/or due. By providing Company and/or our Third-Party Service Provider with your payment information, you agree that Company and/or our Third-Party Service Provider is authorized to immediately place a charge to your chosen payment provider for any such amounts related to the purchase. If your purchase of Services is subject to a potential recurring charge, then you further consent to Company nad/or Third-Party Service Provider charging your payment method on a related recurring basis without again requiring your prior or case-specific approval or your consent for each recurring charge, until such time as you effectively cancel the applicable recurring Service. We reserve the right to correct any mistakes and/or errors in pricing, even if we have already requested or received payment from you. You agree to provide accurate, complete, current, and truthful purchase and account information for any and all purchases of the Service you make on the Site. You agree to immediately update your payment and account information including your payment method, payment credit-card expiration date, and email address so that we can verifcy and complete your transactions as well as contact you as may become needed. Any applicable sales tax will be added to the price of purchases as deemed required by us. You acknowledge that we may change any prices on the Site and at any time without notice. All payments shall be in the currency of United States dollars. All sales are final. No refund will be issued.

The Company reserves the right to refuse any order(s) placed through the Site. The Company may, in its sole discretion, limit or cancel quantities purchased by any person, household, or individual order. These restrictions may include orders placed by or under the same payment method, under the same Account, and/or orders that may use the same shipping and/or billing address. The Company reserves the right to prohibit and/or limit any order(s) that, in the Company's sole discretion and judgment, appears to have been placed by resellers, distributors, and/or dealers.

10. THIRD-PARTY WEBSITES AND CONTENT

The Site may include links to other websites ("Third-Party Websites") or you may be directed to them via the Site or the Service. These Third-Party Websites, along with text, photographs, articles, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items from third parties ("Third-Party Content"), are not reviewed, monitored, or checked by us for accuracy, appropriateness, or completeness. We are not liable for any Third-Party Websites accessed via the Site or any Third-Party Content that is posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or Third-Party Content. The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement. If you choose to leave the Site and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and these Terms of Service will no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate to from the Site or any applications you use or install from the Site. Any purchases made through Third-Party Websites will be conducted through other websites and companies, and we are not responsible for such transactions, which are solely between you and the third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites.

11. TERM AND TERMINATION

These Terms of Service will remain effective as long as you continue to use the Site. If you significantly violate any part of these Terms of Service, or if the Company is legally obligated to do so (for instance, if providing the Service becomes illegal), the Company has the authority to suspend or terminate any Service provided to you immediately and without prior notice. The Company reserves the right to end these Terms of Service or your access to the Service at any time, without reason, upon notifying you. If you wish to terminate these Terms of Service, you can do so by (A) informing the Company at any time and (B) closing your Account for the Service. Your written notice should be sent to the Company's address provided herein.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, REFUSE ACCESS TO AND USE OF THE SITE AND THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES). THIS APPLIES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR VIOLATION OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION. If we deactivate or suspend your account for any reason, you are not allowed to register and create a new account under your name, a false or borrowed name, or the name of any third party, even if you are acting on behalf of that third party. Besides deactivating or suspending your account, we reserve the right to take suitable legal action, including but not limited to pursuing criminal, civil, and injunctive remedies.

12. GOVERNING LAW, CHOICE OF VENUE, AND DISPUTE RESOLUTION

This section affects your rights with the Company and contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. These Terms of Service, along with your use of the Site and the Service, are governed by and interpreted according to the laws of the State of Delaware, applicable to agreements made and fully performed within Delaware, without considering its conflict of law principles. If the parties are allowed under these Terms of Service to initiate a litigation proceeding in a court of competent jurisdiction, both you and the Company agree that all claims and disputes arising from or related to these Terms of Service will be litigated exclusively in the state or federal courts located in Delaware. You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

A) ARBITRATION AGREEMENT

You agree to resolve any claims relating to these Terms or the Site through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in Delaware, with electronic appearance permissible. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may award declaratory and/or injunctive relief only in favor of the individual party seeking relief and only to the extent reasonably necessary to provide relief of the individual claim. Notwithstanding anything to the contrary, if a court decides by means of a final decision to not subject any further appeal or recourse, and that the limitations of this section are invalid or otherwise unenforceable as to a particular claim or a particular request for relief (such as a request for public injunctive relief), it is agreed by both you and Company that that particular claim or request for relief and only that particular claim or request for relief shall be severed from the arbitration, and subject to the governing law and dispute resolution terms above. All other Disputes shall be arbitrated or initiated for proceeding in small claims court. This section does not prevent you or Company from participating in a class-wide settlement of claims.

B) ATTORNEYS FEES

Each party will cover their own attorneys' fees and costs in arbitration unless the arbitrator determines that the Dispute or the relief requested was frivolous or brought for an improper purpose, as defined by Federal Rule of Civil Procedure 11(b). If either you or the Company must seek the authority of a court to compel arbitration, the party that secures an order compelling arbitration will be entitled to recover reasonable costs, necessary disbursements, and reasonable attorneys' fees from the other party. The party that prevails in any court action regarding whether either party has met any condition precedent to arbitration, including the Informal Dispute Resolution process, will be entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs. If you attempt to bring any legal action against the Company based in any way on the Site you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.

C) WAIVER OF JURY TRIAL. WAIVER OF COSTS. ADDITIONAL RELIEF

BOTH THE COMPANY AND YOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Both You and Company agree that all Disputes shall be resolved by arbitration as set forth under this Arbitration Agreement, except as specified in the “Applicability of Arbitration Agreement.” There is no presiding judge and no jury in an arbitration proceeding. Court review of an arbitration award is subject to limited review. BOTH YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. THE PARTIES WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, ADMINISTERED, RESOLVED, HEARD, OR ARBITRATED ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

D) RIGHT TO OPT-OUT

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice to the contact information of the Company located herein. Your notice must be sent within thirty (30) days after becoming subject to this Arbitration Agreement. Your notice must include your name and address, and the email address associated with your Account (if one exists). Your notice must also include an unequivocal statement that you are exercising your right to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service remain in full force and effect between you and the Company. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter, with the Company.

13. DISCLAIMER

THE SITE AND SERVICE ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OR INABILITY TO USE THE SITE. WE DO NOT STATE OR WARRANT THAT THE SITE, POINTS RESULTS AND POTENTIAL REWARDS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.FOR THE AVOIDANCE OF DOUBT: THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

When utilizing the Platform, charges for consumed Internet bandwidth, cellular data, and other associated services may be imposed on users of specific Internet service providers. The Company assumes no liability for shared traffic-related or any supplementary expenses you might incur in line with your Internet service (or other services) provider’s contract under any conditions. The use of the Platform may be forbidden or limited by your service provider. The Platform might also not comply with all service providers’ regulations and policies. You should verify the capability to use our Platform with your service provider.

14. LIMITATIONS OF LIABILITY

THE LIMITATIONS OF DAMAGES SET FORTH BELOW ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. SOME US STATE LAWS AND INTERNATIONAL LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SITE OR THE SERVICE, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION OF LIABILITY DOES NOT APPLY TO THE LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. THE COMPANY TAKES NO RESPONSIBILITY FOR THE TIMELINESS, FAILURE TO STORE, DELETION, OR MIS-DELIVERY OF ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND YOUR CONTENT), PERSONALIZATION SETTINGS, OR USER COMMUNICATIONS. DESPITE ANYTHING TO THE CONTRARY STATED HEREIN, TO THE MAXIMUM EXTENT ALLOWED BY LAW, OUR LIABILITY TO YOU FOR ANY REASON AND REGARDLESS OF THE TYPE OF ACTION, WILL ALWAYS BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD BEFORE ANY CAUSE OF ACTION AROSE OR $100.00. THE ABOVE LIMITATION ON LIABILITY DOES NOT APPLY TO THE LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Site and/or Services; or (b) your violation of any law or rights of any third party.

16. MISCELLANEOUS

These Terms of Service, along with any policies or operational rules we post on the Site or related to the Service, represent the complete agreement and understanding between you and us. You agree that your purchases and/or use of the Site and/or Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by the Company or any of its affiliates regarding future functionality or features. If you have entered into an order form or other separate written agreement with the Company for use of the Services, the terms and conditions of such order form or other agreement shall prevail over any conflicting terms or conditions in these Terms with respect to the Services specified in such agreement. Our decision not to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision. These Terms of Service are effective to the maximum extent allowed by law. We reserve the right to transfer any or all of our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. If any provision or part of a provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision or part is considered separable from these Terms of Service and does not impact the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is established between you and us as a result of these Terms of Service or your use of the Service. You agree that these Terms of Service will not be interpreted against us because we drafted them. You waive any defenses you may have based on the electronic format of these Terms of Service and the absence of physical signatures by the parties involved.

17. CONTACT INFORMATION

For all questions, claims, inquiries, and other related information regarding the Service, please contact us at:
Alkers Solution Inc. D/B/A niceGPU
21688 Gateway Center Dr #300, Diamond Bar, CA 91765/ support@nicegpu.com

FOR CALIFORNIA RESIDENTS AND/OR USERS: If your complaint with us fails to be resolved to your satisfaction, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by phone at (800) 952-5210.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE ABOVE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE COMPANY AND YOU AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE COMPANY AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.