NEXA CORE AI Computing Cloud Service Agreement

Publication Date: April 1, 2025

Effective Date: April 1, 2025

Preamble

Welcome to NEXA CORE AI Computing Cloud Service!

This Agreement is a contract between NEXA CORE AI Computing Cloud and you regarding your use of NEXA CORE AI Computing Cloud Services. To use NEXA CORE AI Computing Cloud Services, you should thoroughly read and understand this Agreement, in which limitation of liability clauses or other provisions involving your significant rights (such as breach penalties, jurisdiction of disputes, etc.) may be highlighted in bold, underlined, or otherwise emphasized for your attention.

Unless you have fully read, understood, and agreed to accept and abide by this Agreement, please do not use NEXA CORE AI Computing Cloud Services. Your confirmation through the website or any other explicit or implicit expression of acceptance, or your use of NEXA CORE AI Computing Cloud Services in any manner, shall be deemed as your acknowledgment of having read and agreed to be bound by this Agreement, and this Agreement shall become legally effective between you and NEXA CORE AI Computing Cloud.

Use of NEXA CORE AI Computing Cloud Services should comply with this Agreement and its service rules. Service rules are subject to the content displayed on the NEXA CORE AI Computing Cloud official website or other related pages, and you should familiarize yourself with these rules in advance and operate accordingly to ensure smooth usage.

Article 1: General Provisions

1.1 Service Definition

NEXA CORE AI Computing Cloud Services refer to various products and services provided by NEXA CORE AI Computing Cloud, including cloud servers, cloud data storage, and others (subject to what NEXA CORE AI Computing Cloud actually provides). You may choose to use one or more specific services according to your needs and comply with their service rules.

1.2 Service Rules

Service terms, rules, explanations, standards, etc. (collectively referred to as "Service Rules") regarding specific service content, service levels, technical specifications, operation documents, billing standards, etc., are subject to the content displayed on the NEXA CORE AI Computing Cloud official website or other related pages.

1.3 Neutrality Statement

NEXA CORE AI Computing Cloud is a neutral technology service provider, providing various technology products and services to you as agreed. You are solely responsible for the operation and all responsibilities of your websites, applications, software, platforms, and any other products, services, and related content.

1.4 Legal Qualification Guarantee

Both parties guarantee that they have obtained legal operating qualifications or government approvals in accordance with relevant national regulations and have the right to legally operate their products and services. Both parties further guarantee that they will continue to maintain the operating qualifications or approval procedures required by relevant national regulations throughout the validity period of this Agreement.

Article 2: Account

2.1 Registration Qualification

You should legally possess necessary and appropriate capacity for rights and conduct, complete registration according to NEXA CORE AI Computing Cloud's requirements, and obtain a NEXA CORE AI Computing Cloud service account (hereinafter referred to as "Account").

2.2 Account Security

To protect the security and independence of the account and avoid unclear account ownership and other adverse consequences, you should use a mobile phone number for which you have legal rights to register or log in. Otherwise, you may be unable to log in and use NEXA CORE AI Computing Cloud services normally.

2.3 Information Authenticity

You should fill in and submit true, legal, and valid information (collectively referred to as "Customer Information") according to the NEXA CORE AI Computing Cloud service process, including but not limited to company name, email address, contact phone number, etc. If Customer Information changes, you should promptly notify NEXA CORE AI Computing Cloud in writing or update it yourself according to NEXA CORE AI Computing Cloud's rules. We highly value the protection of your privacy. We will provide services according to our Privacy Policy, which can be viewed at the following link: Privacy Policy.

2.4 Account Responsibility

This Agreement applies to all accounts under your name and sub-accounts under the main account. The account will serve as the identification basis for your use of NEXA CORE AI Computing Cloud services. You should take necessary and effective confidentiality and security protection measures for information such as username and password (including but not limited to: managing usage permissions, setting strong passwords, and changing passwords regularly). Otherwise, the consequences shall be borne by you. Additionally, you are responsible for the actions under your account, and all operations under the account are considered as implemented by you and should bear all legal consequences.

2.5 Account Security Incident Handling

If you discover that someone has stolen your account and password, or any other circumstances not legally authorized by you, you should immediately notify NEXA CORE AI Computing Cloud in an effective manner and provide necessary materials (such as Customer Information, situation description, supporting evidence, and requests, etc., to verify identity and the incident). After NEXA CORE AI Computing Cloud receives your valid notification and verifies your identity, it will handle the matter in accordance with laws, regulations, and service rules. Any related responsibilities and consequences arising from NEXA CORE AI Computing Cloud's handling based on this clause shall be borne by you.

If there are defects in the materials you provide, making it impossible for NEXA CORE AI Computing Cloud to verify your identity or determine your needs, etc., resulting in NEXA CORE AI Computing Cloud not being able to handle the matter promptly, the losses you incur shall be borne by you. At the same time, you understand that NEXA CORE AI Computing Cloud needs a reasonable time to process your request, and NEXA CORE AI Computing Cloud will not bear any responsibility for losses you have already incurred before measures are taken, nor for losses caused by reasons not attributable to NEXA CORE AI Computing Cloud after measures are taken.

Article 3: Service

3.1 Service Activation

3.1.1 Service Selection

You may select the services you need online through the NEXA CORE AI Computing Cloud official website based on your own needs. Before purchasing, you need to carefully read the service rules corresponding to the services you purchase and decide whether to purchase or use them based on your own needs. The parties may also sign separate agreements as needed for actual cooperation.

3.1.2 Service Agreement

The activation of some NEXA CORE AI Computing Cloud services may require both parties to sign separate service agreements. Separate service agreements may be presented in electronic document form or in independent paper document form, and you may decide whether to accept the service agreement and activate the service based on your own situation.

3.1.3 Timely Payment

You need to complete the payment promptly after submitting the order. Some services may have time limitations, inventory limitations, or activity quantity limitations. After submitting an order, if you fail to pay in time, or if there are insufficient quantities or the limit has been reached during the payment period, you may not be able to use the relevant services.

3.1.4 Preferential Measures

NEXA CORE AI Computing Cloud may introduce "Limited-Time Free," "Limited-Time Discount," "Limited-Quantity Discount," "Recharge Discount," and gift services, etc. (hereinafter collectively referred to as "Preferential Measures") during specific periods for various reasons such as marketing activities and product promotion. You understand and agree that these preferential measures may be temporary, phased, or quantity-limited, and may only apply to customers who meet specific conditions. You need to purchase and use the corresponding services according to the respective rules. Unless otherwise explicitly stated in writing, preferential measures cannot be applied simultaneously.

3.2 Service Fees

3.2.1 Settlement Method

The settlement methods for NEXA CORE AI Computing Cloud services may be divided into prepaid and postpaid types, etc. To ensure that services are activated or continuously provided in a timely manner, you should comply with this Agreement and the service rules of the services you use, and pay fees promptly. After some NEXA CORE AI Computing Cloud services are activated (such as cloud servers, cloud storage, etc.), even if you do not add new service items or resources, and do not perform new operations, since these services will continuously occupy resources, fees will continue to be charged. You should renew or close the service in a timely manner.

3.2.2 Preferential Conditions

Preferential measures are set based on specific conditions, such as preferential measures for products with specific configurations, or preferential measures that you need to use for a specific period or quantity of products at once to enjoy (such as monthly package discounts). If you ultimately do not meet the specific conditions, you cannot enjoy the corresponding preferential measures (including but not limited to discounts, voucher gifts, etc.), and both parties need to settle fees according to the original price of the corresponding service on the official website at the time of purchase.

3.2.3 Payment Method

You can pay or recharge online through your account. Or, after mutual agreement, you can pay fees to NEXA CORE AI Computing Cloud through online payment methods (to ensure service continuity, if you choose to pay fees offline, you should allow reasonable time for NEXA CORE AI Computing Cloud to verify the deposit and complete the recharge to your account).

3.2.4 Bill Confirmation

For services settled by calendar month, after NEXA CORE AI Computing Cloud provides you with the payment bill for the previous month, you must verify and confirm it or raise objections within 5 working days. If NEXA CORE AI Computing Cloud does not receive your confirmation or objection within 5 working days, it is considered that you have no objection. If you have an objection, it shall be resolved through friendly negotiation between both parties. If the negotiation fails, it shall be based on NEXA CORE AI Computing Cloud's system data.

3.2.5 Invoice Issuance

If there is a sales discount, sales return, or other situations requiring the issuance of red-letter invoices or reissuance of invoices according to national regulations for business under this Agreement, NEXA CORE AI Computing Cloud needs to issue red-letter invoices or reissue invoices to you in accordance with national tax regulations, and you need to return the invoices already issued by NEXA CORE AI Computing Cloud or submit valid proof to the tax bureau for NEXA CORE AI Computing Cloud to issue red-letter special invoices in accordance with national tax regulations.

3.2.6 Payment Processing

Payment is made on the website, which includes third-party payments (such as Alipay, WeChat) or corporate payments. The agreement with the payment processor or credit card company will govern your use of the designated account or credit card, and you must refer to that agreement rather than these terms to determine the rights and responsibilities related to that agreement, account, and activities. You agree to notify us immediately of any changes to your billing address or the account or credit card used for payment. All fees are non-refundable (for example, fees are still deducted even if content review does not pass), and do not include any applicable taxes, which are solely the responsibility of the customer to pay. Except for taxes related to our income, you will indemnify us for any taxes related to your purchase or use of the service. You have the right to request us to issue invoices, and we will have dedicated personnel to handle your relevant needs.

3.3 Service Support

3.3.1 After-Sales Service

NEXA CORE AI Computing Cloud provides you with after-sales service to help you answer and handle problems encountered during the use of NEXA CORE AI Computing Cloud services.

3.3.2 Security Protection

NEXA CORE AI Computing Cloud will take basic security protection measures for its systems, equipment, etc. in accordance with legal and regulatory requirements. If your requirements for security protection measures are higher than the aforementioned basic security protection measures standards, you have the right to purchase higher-configured security protection services or configure other security protection software, systems, etc. separately based on your own needs.

3.3.3 User Security Responsibility

You should take necessary and effective security protection measures for your computer information systems, equipment, etc. If your rights and interests are damaged due to your failure to take the aforementioned measures, you shall bear the responsibility yourself.

3.3.4 Availability Guarantee

NEXA CORE AI Computing Cloud provides availability guarantees within the service rules. If your availability requirements are higher than the service rules, you need to proactively set up high availability for your own system, and NEXA CORE AI Computing Cloud can provide necessary assistance. If design collaboration is required from NEXA CORE AI Computing Cloud, it shall be mutually agreed upon by both parties.

3.4 Service Suspension or Termination

3.4.1 Routine Maintenance

In order to provide you with more complete services, NEXA CORE AI Computing Cloud has the right to regularly or irregularly conduct inspections, maintenance, upgrades, and optimizations, etc. (collectively referred to as "Routine Maintenance") on the service platform or related equipment, systems, software, etc. If NEXA CORE AI Computing Cloud services are interrupted or suspended for a reasonable time due to routine maintenance, NEXA CORE AI Computing Cloud shall not be liable to you. However, NEXA CORE AI Computing Cloud should notify you of routine maintenance matters at least 24 hours in advance. In case of non-routine maintenance due to force majeure, errors of basic operators, etc., NEXA CORE AI Computing Cloud should notify you promptly.

3.4.2 Service Adjustment

To ensure the security and stability of services, NEXA CORE AI Computing Cloud may make major adjustments such as data center migration, equipment replacement, etc. These situations may cause NEXA CORE AI Computing Cloud services to be interrupted or suspended for a reasonable period, and NEXA CORE AI Computing Cloud shall not be liable to you. However, NEXA CORE AI Computing Cloud should notify you 3 days in advance, and you should cooperate; if you do not cooperate with the adjustment, or if NEXA CORE AI Computing Cloud is unable to contact you, the consequences arising therefrom shall be borne by you.

3.4.3 Data Retention

If the specific service you purchase includes storage functionality, after the service expires or terminates, NEXA CORE AI Computing Cloud will retain any information you have stored in the service for the corresponding period according to the service rules of that service. You should bear the costs incurred during the retention period (if any), settle all fees on time, and complete all data migration. After the retention period expires, your aforementioned information will be deleted.

3.4.4 Service Termination

You can decide to cancel your account at any time (contact email: support@nexacoreteknologi.com). NEXA CORE AI Computing Cloud has the right to adjust or terminate part or all of its services at any time according to its own operational arrangements (including but not limited to taking services offline, iterating, integrating, etc.). However, NEXA CORE AI Computing Cloud should notify you at least 3 days in advance, so that you can make appropriate data transfers, backups, and business adjustments to protect your legitimate rights and interests.

3.4.5 Agreement Adjustment

Based on the timeliness, complexity, efficiency, and other characteristics of network services, as well as regulatory requirements, policy adjustments, and other reasons, you agree that NEXA CORE AI Computing Cloud may from time to time adjust this Agreement and related service rules of NEXA CORE AI Computing Cloud, and announce them through one or more methods such as website announcements, email notifications, SMS notifications, system messages, station messages, etc. If you continue to use NEXA CORE AI Computing Cloud services after the adjustment, it indicates that you have fully read, understood, and accepted the modified content, and will also follow the modified content.

3.4.6 Overseas Services

If you choose to use services outside of mainland China, you should ensure that you comply with the requirements of mainland China's laws, regulations, policies, etc. At the same time, you should also ensure that your qualifications, capabilities, and usage behaviors, etc. all comply with the requirements of local laws, regulations, policies, etc.

Article 4: Client Rights and Obligations

4.1 Rights

You have the right to use NEXA CORE AI Computing Cloud services in accordance with this Agreement and to receive technical support and after-sales service from NEXA CORE AI Computing Cloud.

4.2 Obligations

When using services on the NEXA CORE AI Computing Cloud platform, you must comply with relevant laws, regulations, and service rules, and ensure that you have the operational qualifications and capabilities required by laws and regulations. You must not engage in the following behaviors, nor provide convenience for any behavior that violates laws and regulations. Otherwise, NEXA CORE AI Computing Cloud has the right to block your account and pursue your legal liabilities for any damages caused to NEXA CORE AI Computing Cloud:

4.2.1 Opposing the basic principles established in the Constitution.

4.2.2 Using the provided services for virtual currency "mining".

4.2.3 Endangering national security, divulging state secrets, subverting state power, or undermining national unity.

4.2.4 Damaging national honor and interests.

4.2.5 Inciting ethnic hatred, ethnic discrimination, or undermining ethnic unity.

4.2.6 Undermining the state's religious policy or promoting cults and feudal superstitions.

4.2.7 Spreading rumors, disrupting social order, or undermining social stability.

4.2.8 Spreading obscenity, pornography, gambling, violence, murder, terror, or abetting crime.

4.2.9 Insulting or defaming others, or infringing upon the lawful rights and interests of others.

4.2.10 Conducting any behavior that violates the "Seven Bottom Lines".

4.2.11 Containing other content prohibited by laws and administrative regulations.

4.2.12 Exploiting the platform's invitation reward system for benefit scraping, malicious account registration, batch registration of false accounts, or any form of non-normal means to obtain platform resources/benefits.

4.3 Internet Order and Security

When using services on the NEXA CORE AI Computing Cloud platform, you must maintain internet order and security, not infringe upon the legitimate rights and interests of any entity, and not engage in the following behaviors, nor provide convenience for them:

4.3.1 Engaging in fraud, false or misleading behaviors, or infringing upon others' intellectual property rights or any other legitimate rights and interests, such as "private servers", "cheats", etc.

4.3.2 Publishing or spreading spam or information containing content that endangers national order and security, feudal superstitions, obscenity, pornography, vulgarity, and other illegal content.

4.3.3 Violating the operational regulations of networks, devices, or services connected to NEXA CORE AI Computing Cloud's network; implementing unauthorized access, theft, interference, or monitoring.

4.3.4 Engaging in any behavior that destroys or attempts to destroy network security, including but not limited to using viruses, trojans, malicious code, phishing, etc., to maliciously scan websites, servers, illegally invade systems, illegally obtain data, etc.

4.3.5 Engaging in any behavior that changes or attempts to change the system configuration provided by NEXA CORE AI Computing Cloud services or destroys system security; using technology or other means to destroy or disturb the operation of NEXA CORE AI Computing Cloud services or others' use of NEXA CORE AI Computing Cloud services; interfering or attempting to interfere with the normal operation of any NEXA CORE AI Computing Cloud product or any part or function in any way, or producing, publishing, or spreading such tools, methods, etc.

4.3.6 Due to engaging in businesses including but not limited to "DNS resolution", "security services", "domain proxy", "reverse proxy", etc., causing yourself to frequently suffer attacks (including but not limited to DDoS attacks) and failing to correct the behavior in a timely manner, or failing to eliminate the impact according to NEXA CORE AI Computing Cloud's requirements, thereby affecting the NEXA CORE AI Computing Cloud service platform or others.

4.3.7 Engaging in other behaviors that disrupt internet order and security.

4.4 Fee Payment

You should pay fees promptly and in full according to the service rules. If you fail to pay fees promptly and in full, NEXA CORE AI Computing Cloud has the right to refuse to activate the service or to suspend or terminate the service without further notice, and may also take one or more of the following measures:

4.4.1 Requiring you to pay, in addition to the fees due, a late payment penalty at the rate of 1‰ of the amount owed for each day of delay, until all fees are paid in full.

4.4.2 If your payment is more than 15 days overdue, NEXA CORE AI Computing Cloud has the right to take measures including but not limited to early unilateral termination of the agreement without further notice to you.

4.4.3 If your payment is overdue but you have used prepaid services or your account has unconsumed cash balance, NEXA CORE AI Computing Cloud has the right, without further notice to you, to directly use the prepaid fees and cash balance to offset the overdue payments and penalties.

4.4.4 Deleting part or all of the information and data stored or generated by you based on your use of NEXA CORE AI Computing Cloud services.

Article 5: Rights and Obligations

5.1 NEXA CORE AI Computing Cloud's Obligations

NEXA CORE AI Computing Cloud should provide you with NEXA CORE AI Computing Cloud services and after-sales support in accordance with this Agreement.

5.2 NEXA CORE AI Computing Cloud's Guarantee

NEXA CORE AI Computing Cloud is only responsible for the operation and maintenance of NEXA CORE AI Computing Cloud services themselves. You should ensure the security and stability of your own network and equipment. If the following situations occur, you should promptly resolve them and avoid affecting NEXA CORE AI Computing Cloud services:

5.2.1 Problems with your internal network, including but not limited to overloading, etc.

5.2.2 Failures of your own equipment or third-party equipment that you use.

5.2.3 Network interruptions caused by your own removal of equipment or through other means.

5.2.4 Any other failures, network interruptions, etc., caused by your own reasons.

5.3 NEXA CORE AI Computing Cloud's Supervision

If NEXA CORE AI Computing Cloud discovers on its own or based on information from relevant departments, complaints from rights holders, etc., that you may be engaging in behavior that violates relevant laws and regulations or this Agreement, NEXA CORE AI Computing Cloud has the right to independently judge based on the understanding of a reasonable person, and unilaterally take one or more of the following measures at any time:

5.3.1 Request you to immediately delete or modify the relevant content.

5.3.2 Limit or suspend the provision of all or part of NEXA CORE AI Computing Cloud services to you (including but not limited to directly taking some of your services offline and reclaiming relevant resources, implementing operational restrictions on your account/freezing your account, etc.).

5.3.3 Terminate the provision of NEXA CORE AI Computing Cloud services to you, terminate the Agreement (including but not limited to directly taking all of your services offline and reclaiming relevant resources, etc.).

5.3.4 If NEXA CORE AI Computing Cloud terminates the provision of services to you or terminates the Agreement in accordance with this Agreement, your prepaid fees will be treated as liquidated damages and belong to NEXA CORE AI Computing Cloud.

5.3.5 Pursue your other responsibilities in accordance with the law.

NEXA CORE AI Computing Cloud taking corresponding measures in accordance with this Agreement (including but not limited to suspending services, deducting fees, terminating the Agreement, etc.) is not considered a breach of contract by NEXA CORE AI Computing Cloud. If this causes you losses (including but not limited to business suspension, data clearance, etc.), they shall all be borne by you. Responsibilities and consequences arising from your violation of this Agreement shall be borne by you. If losses are caused to NEXA CORE AI Computing Cloud or third parties, you should provide compensation.

5.4 NEXA CORE AI Computing Cloud's Supervision

To reasonably protect the interests of you, your users, rights holders, and other parties, NEXA CORE AI Computing Cloud has the right to establish special infringement and complaint process systems, and you should comply with them. If NEXA CORE AI Computing Cloud receives a third party's complaint or report about you, NEXA CORE AI Computing Cloud has the right to disclose your relevant information to the third party (such as your entity information and the counter-notification, relevant evidence, and all other materials you submit regarding the complaint or report), and require you to negotiate with the complainant (including but not limited to establishing a three-party email group including you, NEXA CORE AI Computing Cloud, and the complainant, for you and the complainant to communicate directly, exchange evidence, etc., similarly hereinafter). If you complain or report other NEXA CORE AI Computing Cloud customers, NEXA CORE AI Computing Cloud also has the right to disclose your relevant information to the reported party (such as your entity information and the notification, relevant evidence, and all other materials you submit regarding the complaint or report), and require you to negotiate with the reported party, in order to promptly resolve complaints and disputes, and protect the legitimate rights and interests of all parties. You should cooperate; otherwise, it may affect your continued use of NEXA CORE AI Computing Cloud services. Any losses caused to you or others as a result shall be borne by you.

Article 6: Client Data

6.1 Data Legality

You guarantee that the data you store, upload to NEXA CORE AI Computing Cloud services, or process in any way such as analysis, distribution, etc., using NEXA CORE AI Computing Cloud services, is data that you have legally collected, obtained, or generated, and you have not and will not infringe upon the legitimate rights of any individual or entity in any way.

6.2 Data Usage Authorization

You guarantee that you have the right to use NEXA CORE AI Computing Cloud services to store, upload, analyze, distribute, and otherwise process the aforementioned data, and all such processing activities comply with the requirements of relevant laws and regulations, and there are no instances of illegality, infringement, or violation of your contracts with third parties, and you will not use the data for illegal purposes.

6.3 Data Processing Permissions

You have the right to use NEXA CORE AI Computing Cloud services to upload, analyze, delete, modify, and otherwise process data (subject to the service rules of the services you use). Regarding the deletion, modification, and other processing of data, you should operate with caution and bear the consequences arising from such operations.

6.4 Data Access Limitation

Except as required for your use of NEXA CORE AI Computing Cloud services and as otherwise provided by laws and regulations, without your consent, NEXA CORE AI Computing Cloud will not access or use your data.

6.5 Data Backup Obligation

You should back up data according to your own needs. NEXA CORE AI Computing Cloud only provides data backup services as required by relevant laws and regulations or as agreed in service rules. NEXA CORE AI Computing Cloud is only responsible within the scope of legally required or agreed data backup services.

6.6 Data Responsibility

All results and responsibilities arising from any issues related to the generation, collection, processing, use, etc., of your data that violate laws and regulations shall be borne by you. Additionally, NEXA CORE AI Computing Cloud has the right to terminate the provision of NEXA CORE AI Computing Cloud services to you in whole or in part at any time. All losses you suffer or all responsibilities and costs you bear as a result shall be borne by you.

Article 7: Export Control and Sanctions Law Compliance

All parties undertake to comply with all applicable economic and trade sanctions and export control laws and regulations, including all sanctions resolutions, laws and regulations, and export control laws and regulations formulated and implemented by the United Nations Security Council, China, the United States, and any other country (to the extent that the aforementioned documents apply to that party) (hereinafter referred to as "Applicable Export Control Laws"). You undertake not to use the products or services provided by NEXA CORE AI Computing Cloud for purposes prohibited by Applicable Export Control Laws. Without the permission of the relevant authorities, you and individuals or entities you authorize to use the products or services provided by NEXA CORE AI Computing Cloud will not provide controlled technology, software, or services to individuals or entities sanctioned or designated by Applicable Export Control Laws through the products or services provided by NEXA CORE AI Computing Cloud, or cause NEXA CORE AI Computing Cloud to violate Applicable Export Control Laws in any way.

Article 8: Limitation of Liability

8.1 Service Interruption

You understand and agree that during the use of NEXA CORE AI Computing Cloud services, you may encounter the following situations that cause service interruptions. When these situations occur, NEXA CORE AI Computing Cloud should promptly cooperate with relevant units to make repairs, but NEXA CORE AI Computing Cloud shall be exempted from liability for losses caused to you.

8.1.1 Force majeure, including but not limited to natural disasters, government actions, promulgation or adjustment of laws and regulations, strikes (except for internal labor disputes of either party), riots, and other unforeseeable, unavoidable, and insurmountable objective circumstances.

8.1.2 Reasons attributable to basic operators, including but not limited to technical adjustments by telecommunications departments, damage to telecommunications/power lines by others, installation, transformation, or maintenance of telecommunications networks/power resources by telecommunications/power departments.

8.1.3 Network security incidents, such as destruction by computer viruses, trojans, or other malicious programs, hacker attacks.

8.1.4 Your use of NEXA CORE AI Computing Cloud services through means not authorized by NEXA CORE AI Computing Cloud, your improper operations, or failures of your computer software, systems, hardware, and communication lines.

8.1.5 Other circumstances not attributable to NEXA CORE AI Computing Cloud's fault, beyond NEXA CORE AI Computing Cloud's control, or that NEXA CORE AI Computing Cloud could not reasonably foresee.

8.2 Agreement Delay

Due to force majeure, reasons attributable to basic operators, network security incidents, or other events beyond the reasonable control of the parties, causing delay in the performance of this Agreement or breach of contract by either party, neither party shall bear liability for breach of contract. However, the affected party should notify the other party as promptly as possible. If the aforementioned events hinder the performance of the Agreement for more than 30 days, either party may terminate the Agreement by giving 15 days' written notice to the other party. Neither party shall bear liability for breach of contract for terminating the Agreement under this clause.

8.3 Service Defects

You understand and agree that NEXA CORE AI Computing Cloud's services are provided based on current technology and conditions. NEXA CORE AI Computing Cloud will make its best effort to ensure the continuity and security of services, but NEXA CORE AI Computing Cloud cannot guarantee that the services it provides are flawless. Therefore, even if there are defects in the services provided by NEXA CORE AI Computing Cloud, if such defects are unavoidable given the current state of industry technology, it will not be considered a breach of contract by NEXA CORE AI Computing Cloud, and NEXA CORE AI Computing Cloud shall not bear any responsibility. Both parties should cooperate in a friendly manner to solve the problem.

8.4 Damages

Under no circumstances shall either party be liable to the other party for any indirect, incidental, special, or punitive damages or losses (such as loss of profits, loss of opportunities, fees paid to third parties, loss or damage to reputation/goodwill, etc.), regardless of whether based on contract, warranty, tort, or any other theory of liability, and regardless of whether either party knew or should have known the possibility of such losses or damages.

8.5 Liability for Compensation

Under no circumstances shall the total liability for compensation (regardless of whether based on contract, tort, or any other theory of liability) borne by NEXA CORE AI Computing Cloud to you based on this Agreement and related orders and NEXA CORE AI Computing Cloud services exceed the total amount of fees you have already paid to NEXA CORE AI Computing Cloud for the NEXA CORE AI Computing Cloud services that caused your losses. If the service period of the corresponding NEXA CORE AI Computing Cloud services that caused your losses exceeds 12 months, then NEXA CORE AI Computing Cloud's maximum liability for compensation shall not exceed the total amount of fees you have already paid to NEXA CORE AI Computing Cloud for the NEXA CORE AI Computing Cloud services that caused your losses in the 12 months before the damage occurred (for the avoidance of doubt, "fees" here refers to the cash you have actually paid for the actual usage duration/quantity of that service, and does not include vouchers, prepaid but not actually consumed fees, etc.). If this clause conflicts with or is inconsistent with other agreements between the parties or NEXA CORE AI Computing Cloud service rules, this clause shall prevail.

Article 9: Notice and Delivery

9.1 Validity of Client Information

You should ensure and maintain the validity of client information (including but not limited to phone numbers, email addresses, and other contact methods). If there are false, invalid, or any other issues with client information that may prevent you from promptly receiving business notices, service prompts, customer service, technical support, dispute coordination, violation penalties, and other information, you shall bear the corresponding responsibility.

9.2 Sending Notices

You should send notices to NEXA CORE AI Computing Cloud using the contact methods published on the NEXA CORE AI Computing Cloud official website, unless otherwise agreed by both parties.

9.3 Business Notices

NEXA CORE AI Computing Cloud may send you various information related to NEXA CORE AI Computing Cloud services (including but not limited to updated service rules, service upgrades, data center decommissioning, advertisements, etc.) through one or more methods such as webpage announcements, system notifications, station messages, emails, SMS, instant messaging tools, letters, etc. Such information shall be deemed as delivered in the following situations:

9.3.1 When delivered by hand, it shall be deemed as delivered upon the recipient's signature.

9.3.2 When published in the form of webpage announcements, etc., it shall take effect once published (unless otherwise stated).

9.3.3 When sent in electronic form (including system notifications, station messages, emails, SMS, instant messaging tools, etc.), it shall be deemed as delivered upon successful sending.

9.3.4 When delivered by prepaid courier company or registered mail, it shall be deemed as delivered on the 3rd natural day after mailing. If the delivery date falls on a statutory holiday, the delivery date shall be the first working day after delivery.

Article 10: Applicable Law and Dispute Resolution

10.1 Applicable Law

The formation, effectiveness, performance, interpretation, and dispute resolution of this Agreement shall be governed by the laws and regulations of mainland China (excluding conflict of laws).

10.2 Dispute Resolution

Disputes arising from this Agreement shall be first resolved through negotiation between the parties; if the parties fail to resolve the dispute through negotiation, either party shall submit the dispute to the people's court with jurisdiction at the place where this Agreement is signed. The undisputed portions of the Agreement shall continue to be performed.

Article 11: Miscellaneous

11.1 Settlement Currency

Unless otherwise stated, all "days" in the text of this Agreement and its attachments refer to calendar days, and the settlement currency is Renminbi.

11.2 Language

The drafting and interpretation of this Agreement shall be in Chinese. Unless otherwise agreed by the parties, any translation of this Agreement shall not be used as a basis for interpreting this Agreement or determining the intent of the parties.

11.3 Service Rules

Service rules are an important component of this Agreement and have the same legal effect as the text of this Agreement. You should comply with them.

11.4 Feedback Channel

If you have any questions about this User Agreement while using this product, you can contact us by sending an email to contact@nexacoreteknologi.com or through the feedback channel in this product or other contact methods published on the website. We will review the issues involved as soon as possible and provide feedback within 10 working days of receiving your request.