Terms of Use

1. Introduction and Acceptance of Terms
1.1. Welcome to GX Flex AI. These Terms of Use ("Terms") govern your access to and use of GX Flex's cloud computing services, specifically our GPU server rental offerings for AI and machine learning, including our website, APIs, and any software provided as part of the services (collectively, the "Services").
1.2. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
1.3. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such case, "you" and "your" will refer to that organization.
1.4. GX Flex may modify these Terms at any time by posting a revised version on our website. We will provide notice of material changes to these Terms by email or through our Services. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms.

2. Services Description
2.1. GX Flex provides cloud-based GPU computing services, allowing customers to rent and utilize GPU resources for various computational needs, including but not limited to machine learning, artificial intelligence, scientific computing, and rendering.
2.2. Our services include: Private AI Cloud Infrastructure, AI/ML Endpoints (APIs) and Open Source AI/ML Templates (Models).
2.3. The specific Services available to you will be those outlined on our website at the time you access the Services or in a separate agreement between you and GX Flex.
2.4. GX Flex reserves the right to modify, improve, update, or discontinue any aspect of the Services at any time with reasonable notice.

3. Account Registration and Security
3.1. To access our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2. You are responsible for safeguarding your account credentials and for all activities that occur under your account, regardless of whether such activities are undertaken by you or a third party.
3.3. You must immediately notify GX Flex of any unauthorized use of your account or any other breach of security. GX Flex will not be liable for any loss or damage arising from your failure to comply with this section.
3.4. GX Flex reserves the right to refuse registration of, or cancel, accounts that it deems inappropriate or in violation of these Terms.

4. Use of the Website and Services
4.1. Acceptable Use: You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services: a) In any way that violates any applicable European Union, Swiss, or international law or regulation. b) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation. c) To impersonate or attempt to impersonate GX Flex, a GX Flex employee, another user, or any other person or entity. d) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by GX Flex, may harm GX Flex or users of the Services or expose them to liability.
4.2. Usage Limitations: GX Flex may impose reasonable usage limitations on the Services, which may include restrictions on computational resources, storage, bandwidth, or other metrics. These limitations will be communicated to you through our website, user interface, or direct communication.
4.3. Monitoring and Enforcement: GX Flex reserves the right to: a) Monitor use of the Services for compliance with these Terms. b) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. c) Terminate or suspend your access to all or part of the Services for any violation of these Terms.
4.4. Service Level Agreement: If applicable, the availability and performance of the Services will be governed by our Service Level Agreement, which is incorporated by reference into these Terms.
4.5. You agree to use the Website only for lawful purposes and in accordance with these Terms.

5. Payment and Billing
5.1. Fees: You agree to pay all fees associated with your use of the Services as per the pricing outlined on our website or in a separate agreement. All fees are in Swiss Francs (CHF) unless otherwise specified.
5.2. Billing: We will bill you through an online account for your use of the Services. You agree to provide us with accurate and complete billing information and to keep this information up to date.
5.3. Payment Method: You will provide us with a valid payment method as a condition to signing up for the Services.
5.4. Recurring Billing: If you select a recurring payment plan, you agree that we may charge your payment method on a recurring basis without obtaining your prior consent for each recurring charge, until such time as you cancel the applicable recurring payment plan.
5.5. Free Trials: We may offer free trials of our Services. At the end of the free trial period, we will begin billing your payment method for the Services unless you cancel prior to the end of the free trial period.
5.6. Fee Changes: We may change our fees upon reasonable notice. Your continued use of the Services after a fee change constitutes your acceptance of the new fees.
5.7. Taxes: Our fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
5.8. Refunds: Fees are non-refundable except as required by law or as explicitly stated in a separate refund policy.
5.9. Late Payments: If your payment is overdue, we may impose a late fee and/or suspend your access to the Services until payment is made, in accordance with applicable laws.

6. Data Protection and Privacy
6.1. Privacy Policy: GX Flex will process personal data in accordance with our Privacy Policy and applicable data protection laws, including the EU General Data Protection Regulation (GDPR) and the Swiss Federal Act on Data Protection (FADP).
6.2. Data Controller: For the purposes of the GDPR and FADP, GX Flex acts as a data controller for account and billing information, and as a data processor for any personal data processed through our Services on behalf of our customers.
6.3. Your Data: You retain all rights to your data. You grant GX Flex a limited license to host, copy, transmit, and display your data as necessary to provide the Services.
6.4. Data Security: GX Flex will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, in compliance with Article 32 of the GDPR and Article 8 of the FADP.
6.5. Data Processing Agreement: If required by applicable law, GX Flex will enter into a separate Data Processing Agreement with you, setting out the terms of GX Flex's processing of personal data on your behalf.
6.6. Data Subject Rights: GX Flex will assist you in responding to requests from data subjects to exercise their rights under the GDPR and FADP, to the extent applicable to the Services.
6.7. Data Retention and Deletion: Upon termination of your account, we will delete your personal data from our systems within a reasonable period of time, unless retention is required by law.

7. Intellectual Property Rights
7.1. GX Flex Property: The Services, including all related software, APIs, user interfaces, and documentation, are protected by copyright, trademark, patent, and other intellectual property laws. GX Flex or its licensors own all right, title, and interest in and to the Services and all related intellectual property rights.
7.2. License to Use Services: GX Flex grants you a limited, non-exclusive, non-transferable, revocable license to use the Services solely in accordance with these Terms.
7.3. Restrictions: You may not: a) Copy, modify, create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or any part thereof, unless expressly permitted by applicable law. b) Use any robots, spiders, or other automatic devices, processes, or means to access the Services for any purpose. c) Access or use the Services in order to build a similar or competitive product or service.
7.4. Feedback: If you provide any feedback to GX Flex concerning the functionality and performance of the Services, you hereby grant to GX Flex a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license to use, reproduce, modify, and distribute such feedback for any purpose.

8. Third-Party Services and Content
8.1. The Services may contain links to third-party websites or services that are not owned or controlled by GX Flex. GX Flex has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
8.2. You acknowledge and agree that GX Flex shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

9. Disclaimer of Warranties
9.1. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
9.2. GX Flex does not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any errors will be corrected.

10. Limitation of Liability
10.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GX FLEX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; c) ANY CONTENT OBTAINED FROM THE SERVICES; AND d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
10.2. IN NO EVENT SHALL GX FLEX'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
10.3. THE LIMITATIONS OF LIABILITY IN THIS SECTION DO NOT APPLY TO LIABILITY RESULTING FROM GX FLEX'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

11. Indemnificatio
You agree to indemnify and hold harmless GX Flex, its affiliates, officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

12. Term and Termination
12.1. Term: These Terms will remain in full force and effect while you use the Services.
12.2. Termination by You: You may terminate your account and these Terms at any time by contacting customer support and ceasing all use of the Services.
12.3. Termination by GX Flex: GX Flex may terminate or suspend your account and these Terms at any time, with reasonable notice and in accordance with applicable laws, if you breach any of the terms or conditions of these Terms.
12.4. Effect of Termination: Upon termination, your right to use the Services will immediately cease.
12.5. Survival: All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Export Control and Sanctions Compliance
13.1. The Services may be subject to export control laws and regulations of Switzerland, the European Union, and other jurisdictions. You agree to comply with all such laws and regulations.
13.2. You represent and warrant that you are not located in a country that is subject to a Swiss, EU, or U.S. Government embargo, or that has been designated as a "terrorist supporting" country, and you are not listed on any Swiss, EU, or U.S. Government list of prohibited or restricted parties.

14. Governing Law and Dispute Resolution
14.1. These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.
14.2. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules.
14.3. The seat of the arbitration shall be Zurich, Switzerland. The arbitral proceedings shall be conducted in English.
14.4. Nothing in this section will prevent either party from seeking injunctive relief in any court of competent jurisdiction.

15. Environmental, Social, and Governance (ESG) Commitment
15.1. GX Flex is committed to operating in an environmentally sustainable manner. We strive to power our data centers with renewable energy sources and implement energy-efficient technologies to minimize our environmental impact.
15.2. We are dedicated to promoting diversity, equity, and inclusion within our organization and in our business practices. We aim to create a workplace that respects and values all individuals regardless of their background, gender, race, or beliefs.
15.3. GX Flex adheres to strong corporate governance practices, including transparency in our operations, ethical business conduct, and responsible management of resources.

16. Intellectual Property and Patents
16.1. GX Flex respects intellectual property rights and expects our users to do the same. We have applied for patents related to our blockchain and artificial intelligence-based management system for data centers, as well as our hybrid data center design with alternative UPS systems.
16.2. Users agree not to infringe upon any patents, copyrights, trademarks, or other intellectual property rights in their use of our Services.

17. Special Provisions for Academic and Research Users
17.1. GX Flex offers special pricing and resources for academic institutions and research organizations. These users may be eligible for discounted rates or additional support for their projects.
17.2. Academic and research users agree to acknowledge GX Flex in any publications or presentations resulting from work performed using our Services.

18. AI Model Usage
18.1. Users who access pre-trained AI models or templates through our Services agree to use them in compliance with all applicable laws and regulations.

19. Templates Accuracy
19.1  GX Flex does not guarantee the accuracy or performance of these models and templates. Users are responsible for validating and verifying the results for their specific use cases.

20. Miscellaneous
20.1. Entire Agreement: These Terms constitute the entire agreement between you and GX Flex regarding the Services and supersede all prior agreements and understandings.
20.2. Waiver: The failure of GX Flex to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
20.3. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
20.4. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without GX Flex's prior written consent. GX Flex may assign or transfer these Terms, at its sole discretion, without restriction.
20.5. Notices: Any notices or other communications permitted or required hereunder will be in writing and given

21. Contact Information
If you have any questions about these Terms, please contact us at: legal@gxflex.com

By using this Website, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them.