PetaCloud.AI Inc Platform Service Agreement

Very Important - Please Read Carefully: Your trial, purchase and use of the services and related software and products (collectively referred to as "Services") under this SaaS End User Agreement (this "Agreement") are subject to this Agreement. Please be sure to read the following agreement carefully.

If you confirm acceptance of this Agreement on behalf of your company, your employer or other type of entity or legal entity ("you" or "customer"), you represent and warrant that you have been fully authorized to do so. If you have not been authorized to enter into this Agreement, or if you do not agree to the terms of this Agreement, you may not use this Service. Your confirmation through the web page or any other express or implied acceptance of this Agreement, or your use of our products or services in any way, shall be deemed to have read and agreed to be bound by this Agreement, and this Agreement shall take legal effect between you and Beijing PetaCloud.AI Inc Co., Ltd. ("PetaCloud.AI Inc").

The software in this Service is protected by copyright laws, international copyright treaties and other intellectual property laws and treaties.

PetaCloud.AI Inc is a neutral technology service provider, providing you with various technical products and services as agreed; your websites, applications, software, platforms and any other products, services and related content, etc., are operated by you and you assume full responsibility.

You warrant that you have obtained legal business qualifications or government approvals in accordance with relevant national regulations and have the right to legally operate your products and services. You further warrant that you will continue to maintain the business qualifications or approval procedures required by relevant national regulations during the term of this Agreement.

Terms and Conditions

1. Definitions

Unless otherwise interpreted according to the context, the following terms used in this Agreement shall have the following meanings:

1.1. PetaCloud.AI Inc: refers to the entity or any of its affiliates that enters into this Agreement and/or purchase order with you.

1.2. Affiliate: means any entity that controls [Company], is controlled by [Company] or is under common control with [Company]. "Control" means an entity: (a) directly or indirectly owns more than fifty percent (50%) of the equity of another entity; or (b) has the ability to influence the decisions or affairs of another entity through other legally permissible means (e.g. contracts).

1.3. Authorized User: refers to you and your Affiliates' employees and quasi-employees (dispatched labor) who use the Services you subscribe to with your permission, or other entities (units or individuals) that access and use the Services you subscribe to as otherwise specified in the service list, provided that these entities agree to be bound by terms and conditions no less stringent than those of this Agreement, and that these entities shall be limited to performing duties on behalf of you or your Affiliates.

1.4. Authorized Use Restrictions: means the service levels and limitations determined in accordance with the standards set forth in the purchase order and/or service description.

1.5. Products or Services: refers to software/platform access and use ("Software and Services" or "SaaS") provided by PetaCloud.AI Inc as well as related products or services such as cloud servers and cloud data storage, including but not limited to IDP platform services, computing cloud services (including various products and services such as cloud servers and cloud data storage), model marketplace (including data and model upload and download) provided by PetaCloud.AI Inc to you (collectively "Products or Services"), subject to what PetaCloud.AI Inc actually provides. "Software as a Service" or "SaaS" refers to a software deployment model in which the service provider licenses a remotely deployed platform to customers for use as a service when needed.

1.6. Customer Data: means all information submitted, entered or otherwise provided by you in the course of using the Services.

1.7. Documentation: means any publicly released technical manuals related to the use of the Services, including any updates thereto, which will be provided by PetaCloud.AI Inc through its support site.

1.8. Deliverables: means materials provided by PetaCloud.AI Inc to you to support the Services or any service results obtained from the use of the Services.

1.9. License: means permission to access and use Products or Services.

1.10. Subscription: means obtaining access and use rights to Products or Services.

1.11. Derivative Works: means works generated based on or using this Product or Service and any part thereof, see Section 4.

1.12. Distribution: means providing the Services to any third party through resale, lease, time-sharing or other means.

1.13. Service Description: means a document published or provided by PetaCloud.AI Inc for a specific service plan, which will describe the functions, standards, features and applicable additional terms of the relevant service, including service terms, rules, instructions, standards, etc. (collectively referred to as "Service Rules") relating to specific service content, service levels, technical specifications, operation documents, billing standards, etc., subject to the content displayed on PetaCloud.AI Inc's official website or other relevant pages.

1.14. Support: means any offline and online internet-based support, assistance or work provided by PetaCloud.AI Inc for access to or use of the Services, subject to PetaCloud.AI Inc's service policy and the purchase order agreed by both parties.

1.15. Service Level Availability: means the standards that PetaCloud.AI Inc's services should meet, including availability standards calculated based on continuous service operation time and commitments made to customers regarding response time to problem handling.

1.16. Feedback: means any comments, suggestions or other communications provided by you to PetaCloud.AI Inc orally or in writing regarding the Services.

1.17. Personal Data (Information): means any type of information owned by any individual, including information that can be used to identify personal identity and statistical information on users' use of products and services. Personal information also includes all lists, reports or other documents (in any format) created or derived from the above information.

1.18. Identifiers: means trade names, logos and other trademarks or service marks.

1.19. Website: means internet sites or online spaces related to the Services.

1.20. Purchase Order: means a subscription document specifying the term, category, quantity, level and related fees of the Services you order under this Agreement.

2. Rights Granted and Restrictions

2.1. Right to Use PetaCloud.AI Inc Products or Services. Upon your confirmation and submission (whichever is earlier) of a purchase order and acceptance by PetaCloud.AI Inc, PetaCloud.AI Inc will grant you a non-exclusive, non-transferable right under which you and your Authorized Users may access and use the Product or Service during the Subscription Term in accordance with the provisions of this Agreement, the purchase order and the Service Description. From the start date of the Subscription Term, PetaCloud.AI Inc will provide you with links and information to access the Product or Service. PetaCloud.AI Inc's provision of Products or Services to you shall be deemed acceptance of your purchase order. PetaCloud.AI Inc may need to decide whether to accept your purchase order based on a credit assessment of you. You may need to provide some additional information to PetaCloud.AI Inc to register and/or use specific services. You warrant that the information you provide in this registration process is true and accurate.

2.2. Service Level Availability. If PetaCloud.AI Inc provides service level support, the availability target levels and the remedies provided by PetaCloud.AI Inc to you for failure to meet the committed service level targets will be set forth in the relevant Service Description. In calculating Service Level Availability, the impact of the following events shall be excluded: (a) force majeure events; (b) operational interruptions due to planned downtime (as defined in Section 5 below); (c) operational interruptions due to your network, domain name server issues or failure to use in accordance with the Documentation; and (d) operational interruptions to address security vulnerabilities or comply with legal requirements.

3. Fees, Term and Payment

3.1. Billing Method.

3.1.1 For annual/monthly/daily services, billing will be based on the rates and service levels listed on PetaCloud.AI Inc's official website or PetaCloud.AI Inc's partner website at the time you decide to purchase/subscribe.

3.1.2 For pay-as-you-go services, billing will be based on the service level you use and the real-time rates at the time of your use (billed by second, settled by hour). Floating real-time rates can be referenced to the rates listed on PetaCloud.AI Inc's official website or PetaCloud.AI Inc's partner website for the same period, subject to the rates shown in the settlement details.

3.2 Consideration As a condition for obtaining the right to use the products or services, you agree to pay the following fees in accordance with the billing methods specified in Article 3 of this agreement:

Usage Fees The service usage fees you pay to PetaCloud.AI Inc are specified in the relevant order form. If your use of the service exceeds the licensed usage limits, PetaCloud.AI Inc reserves the right to charge additional usage fees for the excess usage. You agree that the purchase of any service does not depend on PetaCloud.AI Inc providing any future features or functions.

3.3 Settlement Method The settlement method for services may include prepaid and postpaid types. To ensure timely activation or continued provision of services, you must comply with this agreement and the rules of the services you use, and make payments promptly. For some services, even if you have not added new service items or resources, and have not performed any new operations, the service will still continue to occupy resources, leading to ongoing charges. You must renew the service promptly or close the service.

3.4 Payment and Notifications 3.4.1 You can make online payments or recharge your account through your account, or pay fees to PetaCloud.AI Inc via bank transfer (to ensure the continuity of services, if you choose offline payment, you should allow reasonable time for PetaCloud.AI Inc to verify the payment and complete your account recharge).

3.4.2 For annual/monthly/daily subscription services, a prepaid form of payment will be used. The service supports automatic renewal. After choosing automatic renewal, when your service expires, the system will automatically generate a new order and continue the service. If your account balance is insufficient to pay for the new order, the system will not generate the new order, and your service will be suspended until the balance is replenished. If the annual/monthly/daily service expires and is not renewed on time, PetaCloud.AI Inc will stop subsequent services, and account information and data will be retained in the system for 15 working days. You should ensure timely renewal to avoid unnecessary losses. If you permit (explicitly or implicitly), PetaCloud.AI Inc will send relevant reminder emails before the expiration of the annual/monthly/daily services.

3.4.3 For usage-based billing services, a pre-recharge system will be used. Your usage will be based on PetaCloud.AI Inc’s system data, and PetaCloud.AI Inc will settle based on real-time system data. When the account balance is exhausted, the corresponding service will stop. Account information and data will be retained in the system for 15 working days. You should ensure the account balance is sufficient to avoid unnecessary losses. If you permit (explicitly or implicitly), PetaCloud.AI Inc will send relevant reminder emails when the account balance is insufficient.

3.4.4 PetaCloud.AI Inc will issue invoices for the actual amount paid. Services with different service rules or other agreements will be subject to their specific terms.

3.5 Taxes Unless explicitly stated otherwise, the fees listed in the order form do not include any taxes. You agree to pay any applicable value-added tax, consumption tax, sales tax, or any other related taxes in addition to the agreed fees. You must pay the fees on time and in full in accordance with the service rules. If you fail to make timely and full payments, PetaCloud.AI Inc has the right to refuse service activation or suspend/terminate services without further notice, and may take one or more of the following actions:

1. Request that you pay a late fee of 1‰ of the outstanding amount for each day overdue until all fees are paid in full.

2. If you delay payment for more than 15 days, PetaCloud.AI Inc may terminate the agreement without further notice.

3. If you delay payment but have used prepaid services or have an unused account balance, PetaCloud.AI Inc may directly use the prepaid amount and account balance to offset the overdue fees and late payment penalties without further notice.

4. Delete part or all of the information and data stored or generated by you based on the use of the products or services.

3.6 Partners If you order PetaCloud.AI Inc services through an authorized partner or reseller, all the terms and conditions of this agreement will apply to your use of the services, except for Section 3 and the service level availability commitments.

3.7 Promotional Measures PetaCloud.AI Inc may, for marketing, product promotion, and other reasons, launch "limited-time free," "limited-time discounts," "limited quantity offers," "recharge discounts," and gift services (collectively referred to as "Promotions") during specific periods. You understand and agree that these promotions may be temporary, limited in duration, or have quantity restrictions, and may only apply to customers meeting specific conditions. You must follow the corresponding rules to purchase and use the services. Unless explicitly stated otherwise in writing, promotions cannot be combined.

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4. Intellectual Property and Confidentiality

4.1 Intellectual Property PetaCloud.AI Inc holds all intellectual property rights and related rights and interests in any software, documents, deliverables, and other intellectual works provided through the services or made available for your access or use. This ownership extends to all copies, parts, improvements, upgrades, modifications, and derivative works, including content such as text, images, audio, and video generated by you using the product’s models and functions. PetaCloud.AI Inc and legal rights holders own the rights and related interests. As a technology provider and legal rights holder, PetaCloud.AI Inc has the right to supervise and manage the use of these contents to ensure their lawful, compliant, and secure use. You are only authorized to use PetaCloud.AI Inc’s intellectual property and derivative works in ways that comply with the purposes of this agreement and may not transfer any ownership, rights, or interests. Except for the permissions explicitly granted in this agreement, no other rights are granted to you regarding PetaCloud.AI Inc’s intellectual property and derivative works. All rights not explicitly granted are reserved by PetaCloud.AI Inc and/or its licensors. You agree not to (and not allow any third party to) engage in activities such as renting, lending, selling, distributing, copying, modifying, reproducing, decompiling, reverse engineering, or otherwise discovering the original code without PetaCloud.AI Inc’s written authorization. The software provided in this service, if any, is licensed for use, not sold. This agreement does not grant you any rights to use PetaCloud.AI Inc’s or its affiliates’, partners’, or suppliers’ trademarks or service marks.

4.2 Customer Feedback Any feedback you provide regarding the services will be owned by PetaCloud.AI Inc. PetaCloud.AI Inc has the right to use such feedback in any way, without any obligation to pay you for it.

4.3 Customer Name and Logo You agree that PetaCloud.AI Inc may use your name and logo in connection with the services, such as setting up joint branding sites according to the order form or a separate agreement between the parties, or mentioning you as a customer of PetaCloud.AI Inc in marketing materials and on its website. This agreement does not imply that you transfer ownership of your logo or any other rights to PetaCloud.AI Inc.

4.4 Confidentiality You and PetaCloud.AI Inc agree that the confidential information provided by either party is to be used solely for purposes related to this agreement. Both parties will protect such information with at least the same degree of care as they protect their own confidential information, but no less than industry-standard measures. Confidential information includes customer data, intellectual property of either party, and any information that a reasonable person would consider confidential. The following are not considered confidential information unless prohibited by law: (a) Information authorized for unrestricted use in writing; (b) Information lawfully held by one party or known through legitimate means; (c) Information independently developed without using or referencing the other party’s confidential information.

5. Service Plans, Updates, Upgrades, and Support

5.1 Updates and Upgrades To provide you with more comprehensive services, PetaCloud.AI Inc has the right to regularly or irregularly perform maintenance, repair, upgrades, and optimizations on the service platform or related devices, systems, software, etc. (collectively referred to as "routine maintenance"). If the service is interrupted or suspended within a reasonable time due to routine maintenance, PetaCloud.AI Inc will not be held responsible for this. However, PetaCloud.AI Inc will notify you at least 24 hours in advance of any routine maintenance. If the interruption is caused by force majeure, fault by the basic operator, or other reasons beyond control, PetaCloud.AI Inc will notify you in a timely manner.

5.2 Support PetaCloud.AI Inc will provide service support in a timely and professional manner based on the relevant support policies published on its support site. Service support consists of the following parts:

1. You can access the support site (currently at https://petacloud.ai or use the contact information provided there to contact the relevant operational personnel for online support. You will also have access to service support documentation, descriptions of incidents of varying severity, response times, and problem resolution goals, global user communities, local user groups, FAQs, samples, network broadcasts and demos, usage tips, technical updates, and emergency notifications sent via network announcements or emails, if available.

2. Interactive remote diagnostic support allows PetaCloud.AI Inc’s support engineers to diagnose an event reliably through browser-based live remote control, offering assistance for potential issues in the interaction between your software or system and PetaCloud.AI Inc. For detailed definitions of service levels, responses, and problem resolution goals, please refer to the service support policies on PetaCloud.AI Inc’s support website.

6. Customer Data and Security

6.1 Customer Data You will hold exclusive rights to all ownership rights and interests in your customer data and any related matters. Your customer data will be stored and processed in the data centers located in the regions specified in the service description. Unless it is necessary to support a service or resolve technical issues, and you have provided PetaCloud.AI Inc with the relevant credentials to access such data, PetaCloud.AI Inc will not access your account or use the customer data stored in your account. PetaCloud.AI Inc may collect, modify, and analyze metadata and/or operational data (such as log files and transaction processing counts) that do not contain customer data. PetaCloud.AI Inc will not be held responsible for any unauthorized access, modification, theft, or destruction of your customer data caused by your actions or the actions of users you authorize. In case of data loss due to an error on the part of PetaCloud.AI Inc, its responsibility will be limited to restoring the data based on the most recent backup.

6.2 Customer Data Transfer If you transmit any personal data related to the service to PetaCloud.AI Inc or allow PetaCloud.AI Inc to access any of your customer data within the service, you guarantee that: (a) You have obtained full authorization to provide such personal data, and you comply with all relevant legal regulations, ensuring that you have not infringed upon the legitimate rights of any individual or entity; (b) PetaCloud.AI Inc and its affiliates, or subcontractors acting on behalf of PetaCloud.AI Inc, may use such data solely for the purpose of fulfilling obligations under this agreement; and (c) PetaCloud.AI Inc may disclose such data to any of its entities and subcontractors for this purpose and transfer it to other countries or regions. PetaCloud.AI Inc and its affiliates commit to complying with all relevant data protection and privacy laws, and any transmission of personal data will be governed by PetaCloud.AI Inc's privacy policy and information security statements. You agree that you will not provide any sensitive personal information that requires specific data security obligations, including but not limited to health information, payment card data, or similar sensitive data, unless it is supported by the relevant service documentation.

6.3 Legal Liability You are solely responsible for all consequences and liabilities arising from any violations of laws and regulations related to the generation, collection, processing, use, or other matters concerning your data. PetaCloud.AI Inc has the right to terminate the provision of services to you, in whole or in part, at any time. Any losses or responsibilities incurred as a result will be borne solely by you.

6.4 Security PetaCloud.AI Inc will implement basic security protection measures for its systems, equipment, etc., as required by laws and regulations. If your security requirements exceed these basic security measures, you have the right to purchase higher configuration security services or implement other protective software and systems as needed. You are responsible for taking necessary and effective security protection measures for the computer information systems and devices you use. If you fail to do so and suffer a loss, you will bear the responsibility. If PetaCloud.AI Inc determines that a security vulnerability may harm you or an authorized user, PetaCloud.AI Inc will immediately notify you of the security vulnerability, but no later than five (5) business days. After the initial notice, PetaCloud.AI Inc will provide regular updates and a reasonably detailed incident report, including any actions taken to investigate the vulnerability and any measures you can take to minimize potential damage. Both parties understand and agree that relevant laws or PetaCloud.AI Inc’s agreements with third parties may prevent PetaCloud.AI Inc from providing such notifications and/or reports within this time frame.

6.5 Account Credentials If you discover any unauthorized access to or use of your account, you agree to immediately notify PetaCloud.AI Inc. You also agree to use industry-standard methods to protect your account name, password, and other login credentials to prevent unauthorized disclosure and use.

7. Your Responsibilities

7.1 You must comply with relevant laws, regulations, and service rules when using products or services provided by PetaCloud.AI Inc, and ensure that you possess the required legal qualifications and capabilities. You must not engage in, nor facilitate others in engaging in, the following actions, which violate laws and regulations: (a) Acts that oppose the fundamental principles set out in the Constitution. (b) Endanger national security, disclose state secrets, subvert state power, or destroy national unity. (c) Harm national honor and interests. (d) Incite ethnic hatred, ethnic discrimination, or disrupt national unity. (e) Violate national religious policies, promote cults or feudal superstitions. (f) Spread rumors, disturb social order, or destabilize society. (g) Spread obscene, pornographic, gambling, violence, murder, terrorism, or criminal incitement content. (h) Insult or defame others, infringe upon others’ legitimate rights. (i) Engage in any actions that violate "seven bottom-line principles." (j) Contain any other illegal content prohibited by laws or administrative regulations.

7.2 You must not: (a) Provide the service to any unauthorized third party or for purposes not anticipated by this agreement. (b) Send or store any code that could harm or damage the service (including but not limited to malicious code or malware). (c) Intentionally disrupt or damage the integrity of the service or the data it contains. (d) Attempt to gain unauthorized access to or use the service or its associated systems or networks. (e) Use the service to provide services to third parties, unless explicitly permitted in this agreement. (f) Use the service to cause harm, such as overloading or creating multiple proxies for the purpose of interfering with third-party operations. (g) Delete or modify any program identifiers or any proprietary rights notices of PetaCloud.AI Inc or its licensors. (h) Conduct any benchmarking or performance testing of the service or disclose the results of such tests. (i) Conduct any security testing on the service environment or associated infrastructure, including but not limited to network discovery, port/service identification, vulnerability scanning, password cracking, remote access testing, penetration testing, or any other unauthorized tests or similar actions.

Violating any of these obligations will be considered a material breach of this agreement.

8. Term and Termination

8.1 Term This agreement will remain effective until terminated in accordance with the provisions of this section. Either party may terminate the agreement in the event of a material breach by the other party, provided that for each alleged breach: (a) The non-breaching party must notify the breaching party in writing within thirty (30) days of the breach; (b) The breach is not effectively corrected within thirty (30) days after the notice is received.

8.2 Effect of Termination If the agreement is terminated under Section 8.1, all unpaid fees will become due immediately, and all payments must be made before the termination takes effect. Upon termination of this agreement, all rights granted under this agreement will immediately terminate, and each party must return, delete, or destroy all confidential information of the other party in its possession.

8.3 PetaCloud.AI Inc reserves the right to adjust, suspend, or terminate part or all of the services (including but not limited to taking services offline, iteration, integration, etc.) based on its operational arrangements. However, PetaCloud.AI Inc must notify you at least 30 days in advance to allow you to back up data and adjust your business as necessary to protect your legitimate rights and interests.

8.4 Due to the timeliness, complexity, and efficiency of online services, as well as regulatory requirements and policy adjustments, you agree that PetaCloud.AI Inc may periodically adjust this agreement and the relevant service rules. Any such adjustments will be announced through one or more of the following channels: website announcements, email notifications, SMS, system messages, or internal messages. If you continue using PetaCloud.AI Inc’s products or services after such adjustments, it will indicate that you have fully read, understood, and accepted the modified content and will comply with it.

8.5 If you choose to use services outside Mainland China, you must ensure that you comply with the laws, regulations, and policies of Mainland China, and also ensure that your qualifications, capabilities, and actions comply with local laws, regulations, and policies.

8.6 Continuing Effectiveness The following sections of this agreement will remain in effect and continue to apply after the termination of the agreement: "Definitions," "Granted Rights and Restrictions," "Ownership and Confidentiality," "Fees and Payments," "Term and Termination," "Warranties," "Defenses and Indemnities," "Limitation of Liability," and "General Terms."

9. Warranties and Disclaimers

9.1 PetaCloud.AI Inc warrants that: (a) The services will be provided in a professional and skillful manner in accordance with industry standards and will materially conform to the relevant service documentation during the subscription period; (b) The deliverables will materially conform to the service documentation, and no material, manufacturing, or process errors will exist within thirty (30) days from the date of delivery.

9.2 If it is confirmed that PetaCloud.AI Inc has breached any of the above warranties, PetaCloud.AI Inc will, at its discretion: (a) Make reasonable efforts to correct the non-conformity; (b) Replace the non-conforming service or deliverable with one that substantially conforms to the specifications in the documentation, if applicable; (c) If PetaCloud.AI Inc has made commercially reasonable efforts but failed to achieve the remedies specified in (a) or (b), PetaCloud.AI Inc may terminate your subscription to the service and refund any prepaid, unused service fees, prorated for the remaining subscription period from the effective date of termination.

9.3 The above constitutes PetaCloud.AI Inc’s sole warranty and your exclusive remedy for any breach of such warranties. To the extent permitted by law, PetaCloud.AI Inc makes no other warranties or conditions, express or implied, including but not limited to third-party warranties, implied warranties of merchantability or fitness for a particular purpose. PetaCloud.AI Inc does not warrant that the services will meet your requirements, nor that the use of the services will be uninterrupted or error-free.

10. Indemnification

10.1 PetaCloud.AI Inc's Defense and dIndemnification: If the service, when used correctly in accordance with the documentation, is claimed by any third party to infringe or misuse any valid patent, copyright, or trademark of that third party, or to illegally misuse any third party’s trade secrets, and you are using the service within a jurisdiction authorized by PetaCloud.AI Inc, then PetaCloud.AI Inc will defend and indemnify you, or at its discretion, resolve such claims. PetaCloud.AI Inc may, at its own expense: (a) Obtain the right for you to continue using the relevant PetaCloud.AI Inc service; (b) Repair, modify, or replace the service to make it non-infringing; or (c) Terminate the relevant service subscription with thirty (30) days' prior written notice, and refund you any prepaid but unused portion of the service fees for the subscription period. If the terminated service involves consulting or training, PetaCloud.AI Inc will refund the fees you prepaid for the consulting, training, or deliverables in proportion to the remaining subscription period.

10.2 Customer’s Defense and Indemnification: Except as prohibited by law, if any claim is made against PetaCloud.AI Inc by any third party arising from your customer data or your use of the service in violation of this agreement, or the infringement or misuse of any third-party intellectual property rights or any violation of applicable laws within your jurisdiction, you will indemnify and defend PetaCloud.AI Inc and/or settle such third-party claims at PetaCloud.AI Inc’s discretion.

10.3 Conditions for Defense and Indemnification: The right to indemnification requires: (a) The indemnified party promptly notifies the indemnifying party of the claim; (b) Except as prohibited by law, the indemnifying party has full control over the defense and settlement, provided that any settlement made by the indemnifying party shall release the indemnified party from all liability; and (c) The indemnified party reasonably assists in defending and indemnifying such claims.

10.4 The above provisions set forth the exclusive obligations and liabilities of the parties for infringement claims, and the exclusive remedies available for any actual or alleged infringement or misuse of intellectual property or other proprietary rights.

11. Limitation of Liability

11.1 You understand and agree that during your use of the products or services provided by PetaCloud.AI Inc, there may be interruptions. PetaCloud.AI Inc will cooperate with relevant parties to fix any issues, but will not be liable for any losses you incur.

11.2 Force Majeure: This refers to events beyond a party's reasonable control, including but not limited to war, civil unrest, natural disasters, strikes, or other labor disputes (whether partial or total), changes in laws and their implementation, judgments by relevant courts or arbitration bodies, regulations or orders from government agencies, or delays or interruptions caused by network service providers or independent third parties (excluding a party’s subcontractors).

11.3 Reasons related to basic operators, including but not limited to technical adjustments by telecommunications departments, damage to telecommunications or power lines, installation, transformation, or maintenance of telecommunication networks or power resources by telecommunications or power departments.

11.4 Cybersecurity incidents, such as computer viruses, Trojans, or other malicious programs, and hacker attacks.

11.5 Your use of the product or service in an unauthorized manner by PetaCloud.AI Inc, improper operation, or issues with your computer software, systems, hardware, or communication lines.

11.6 Other circumstances beyond PetaCloud.AI Inc’s control or reasonable foreseeability.

11.7 If the performance of this agreement is delayed or any party breaches due to force majeure, basic operator issues, cybersecurity incidents, or other events beyond control, neither party shall be liable for breach of contract. However, the affected party should notify the other party as soon as possible. If such events prevent performance for more than 30 days, either party may terminate the agreement by giving the other party 15 days' prior written notice. No party shall be liable for breach of contract in the case of termination under this provision.

11.8 Except for violations of the “Granted Rights and Restrictions” and “Ownership” provisions, or any party's breach of the “Confidentiality” provisions, or the indemnification obligations of either party, neither party shall be liable for any incidental, indirect, punitive, special, consequential, or unforeseeable loss, damages, or costs, including loss of profits, loss of opportunity, or data loss or damage, regardless of the cause of such loss or damage, whether based on contract, warranty, tort, or any other legal theory, even if the party knew or should have known of the possibility of such losses or damages.

11.9 In any event, the total liability of PetaCloud.AI Inc under this agreement and related orders for the products or services provided to you will not exceed the total amount paid by you for the products or services causing the loss during the service period. If the service period exceeds 12 months, PetaCloud.AI Inc's maximum liability will be limited to the amount paid by you for the products or services during the 12 months preceding the damage. For the avoidance of doubt, "fees" refers to the amount actually paid for the service, excluding vouchers or prepaid but unused amounts. This limitation of liability will not limit any obligations you have to pay in any way.

12. General Terms

12.1 Notifications: PetaCloud.AI Inc may send notifications regarding the services via one or more of the following methods: website announcements, system notifications, internal messaging, emails, text messages, instant messaging tools, letters, etc. Unless otherwise specified in this agreement, documentation, or order forms, notifications from you to us should be sent to the contact details specified on PetaCloud.AI Inc's "Contact Us" page on its official website.

12.2 Assignment: You may not assign this agreement without PetaCloud.AI Inc's prior written consent.

12.3 Export and Import Requirements: You acknowledge that PetaCloud.AI Inc services may contain certain technologies or materials subject to export and import restrictions under the laws of your jurisdiction, international treaties, or other laws governing the export of materials or services from specific countries or regions. You agree not to export, re-export, or provide the service to any restricted countries or regions, nor use the service for any restricted purposes, or transfer or resell the service to any third party knowing that it will be used for such purposes.

12.4 Relationship of the Parties: The relationship between PetaCloud.AI Inc and you is that of independent contracting parties. The parties do not intend to establish any employment, joint venture, partnership, agency, or other similar relationship under this agreement.

12.5 Interpretation, Waivers, Entire Agreement: If any provision of this agreement is found to be inconsistent with the law, the remaining provisions will remain in effect. Any delay or failure by either party to exercise their rights under this agreement will not be deemed a waiver of those rights. This agreement, order forms, and other documents incorporated by reference constitute the entire agreement between the parties with respect to the services provided under this agreement and supersede any inconsistent or additional terms.

12.6 Agreement Updates: PetaCloud.AI Inc may update the terms of this agreement from time to time. Any updates will be posted on the service support site or otherwise communicated to you. If the updated terms materially reduce the rights you have under your current service period, such updates will not apply to you during the remaining service period. If you renew the service period or purchase new services after the update, it will be considered that you have read, understood, and accepted the updated terms.

12.7 Governing Law and Dispute Resolution: This agreement is governed by the laws of the State of California, USA, and any disputes arising under or related to this agreement will be resolved exclusively by the courts or arbitration bodies located in Santa Clara, California, USA.

12.8 Third-Party Products and Services: In some cases, when using the services under this agreement, you may use or purchase third-party products or services (including software). Your use of such third-party products or services may be subject to separate legal terms between you and the third party. PetaCloud.AI Inc makes no warranties or commitments regarding third-party products or services, and will not provide support or assume any other obligations or liabilities for them.

12.9. News Announcements: Unless otherwise expressly agreed in this agreement, if either party intends to release any news or announcement related to this agreement, it must obtain prior written approval from the other party.

12.10. Language: This agreement is drafted in English. If there are versions in other languages, the English version shall take precedence.

12.11. Order of Precedence: In the event of any conflict between this agreement and the service description or order form, the order of precedence among the documents shall be as follows (from highest to lowest): (a) Order Form; (b) Service Description; (c) This Agreement.