We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website, following the posting of revised Terms of Use, means that you accept and agree to the changes. We expect you to check this page from time to time in order to be aware of any changes as they apply to you.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website, at our sole discretion without any notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, for any reason.

You are exclusively responsible for:

• Making all arrangements necessary for you to have access to the Website (i.e. ensuring your internet connection through a chosen internet service provider, ensuring your hardware works properly, etc.);
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them;
• Ensuring that the use of service offerings at the Website is adequate for your intended use from every standing point (time-wise, money-wise, purpose-wise, performance-wise, etc.) ;

The Website may offer you to sign-up for a newsletter that will inform you about the dates of launching a particular Services portfolio or about certain industry topics that we consider relevant. You agree that all information you provide in the process of subscribing to the newsletter of this Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We offer services of high-performance computing power as a resource (IaaS model).

In our offerings, you will find basic information about the types of services, i.e. a) Bare Metal Instances and b) Virtual Instances, and details of every service type.

Each configuration of one service type is created in accordance with the market trends and availability of infrastructure. You are solely responsible to explore which kind of service offered on our Website suits your case the most.

Our service offerings depend on the infrastructure available at the given point in time and on the maintenance schedule (announced and unannounced), as well as possible upgrades of the infrastructure that we may perform.

We will use our best efforts to ensure the maximum availability of the infrastructure for your use.

It is up to our sole discretion what types of services and what kind of solutions we can offer.

We use top-up and wire transfer models of payment for our services.

We do not support recurring payments.

You will deposit the desired amount of money to be used as a deposit balance for the service fee coverage.

Once your balance is insufficient to cover the fee for your ordered services, your instance will be terminated.

The minimum amount of usage calculation method is one (1) hour. Our Fees are due for every started hour of usage.

Within 5 days following the month in which you used our services, the invoice shall be issued for the previous month of services provided to you.

The invoice shall contain basic elements such as, but not exclusively:

• the invoice number,
• payment deadline,
• invoice issuer data,
• invoice recipient data,
• products/services info,
• tax, applied or exempt containing the clause for such treatment/exemption,
• other information as applicable.

In case you are closing your account earlier than the standard period for invoice issuing, the final invoice will be generated within 24 (twenty-four) hours and delivered to you at your e-mail address. It is solely your responsibility to inspect that invoice and file a complaint in case the data do not correspond with your usage of our services.

Please be advised that we are very cautious about the deposits and the refund process.

We will inspect every request for a refund and determine at our sole discretion whether is it justified or not.

In case you are closing your workspace as the only user, we will return the remaining amount on your account to your IBAN or originating bank account of the last transaction you made as soon as possible. The amounts of funds to be returned to you can only be calculated based on the funds you deposited, excluding our discounts, credits or amounts originating from promo codes. Deductions will be made for the anticipated cost of wire transfer or other banking fees.

Situations you caused, that require a refund procedure, shall remain situations at your sole responsibility.

From time to time, as we deem to be appropriate, we may award your workspace with credits to be spent on our services.

Awarded credits are not suitable to be converted into currency and withdrawn from your account.

From time to time, in accordance with our commercial activities, we may award you with discounts and/or promo codes to be spent on our services. p>

Discount and promo codes activation/usage may be limited by time. Once the discount or promo code limited by time is received, you will be provided with the information on when this discount and/or promo code will expire if not used in the meantime.

In case you have any questions, complaints, or suggestions, do not hesitate to contact us at the email address [email protected] .

We will reply to your inquiries as soon as possible.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and video and audio files, and the design, selection, and arrangement thereof, including the ones developed after this Terms of Use enter into the force), are owned by the Company, its licensors or other providers of such material and are protected by local and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal and commercial use.

It is strictly forbidden to

• Modify copies of any materials from this site for any purpose other than this Website enables you;
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site;
• Download materials or content from the Website and present it as your own to the third parties (altered versions included);
• Access or use for any criminal activity any part of the Website or any services or materials available through the Website.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Any and all other names, logos, products and services, designs or slogans used by the Company, and the look and feel of any of the foregoing, including all page headers, custom graphics, color palettes, button icons, and scripts, are trademarks or trade dress of the Company and may not be used in whole or in part in connection with any product or service that is not or does not belong to the Company or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company, without our prior written permission given by the Company explicitly.

All other names, logos, product and service names, designs, and slogans on this Website are the property of their respective owners, and any reference to such other property does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

ARTICLE IV

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Website (including its services):

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries or for violation of any of our policies);
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation;
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company, its infrastructure or users of the Website or expose them to liability.
• for any illegal or fraudulent activity;
• to violate the rights of others;
• to threaten, incite, promote, or actively encourage violence, terrorism, or other serious harm;
• for any content or activity that promotes child sexual exploitation or abuse;
• to violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device;
• to distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (or “spam”).

In addition, from a technical standing point, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or its supporting infrastructure, or interfere with any other party's use of the Website, including their ability to engage in activities through the Website;
• Use any robot, spider, or other automatic devices, process, or means to access the Website for malicious purposes and/or crime/felony commitment, including monitoring or copying any of the material on the Website;
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Website or the continuity of its services;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, or any infrastructure supporting the Website or connected to the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• In any other way attempt to interfere with the proper working of the Website;
• Attack, redirect the communication, or in other way disrupt the continuity of services offered at the Website or in connection with the Website;

Monitoring and Enforcement; Termination

Investigation and Enforcement

We may investigate any suspected violation of this Policy, and remove or disable access to any content or resource that violates this Policy. You agree to cooperate with us to remedy any violation.

When determining whether there has been a violation of this Policy, we may consider your ability and willingness to comply with this Policy, including the policies and processes you have in place to prevent or identify and remove any prohibited content or activity.

In connection with this Agreement, you will comply and will make your best efforts to cause your customers to comply, with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to a U.S. company, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. For clarity, you are solely responsible for compliance related to the manner in which you choose to use the Website. You represent and warrant that you will make best efforts to ensure that your customers are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.

We have the unlimited right to:

• Disclose your identity or other information about you, in order to comply with the order of the court or any government or international authority;
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website;
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use;
• Take all necessary actions to terminate your use of our Website and/or services without refunding your subscription/purchase;

YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

ARTICLE V

Reliance on the information and performance

We do not warrant the accuracy, completeness, or usefulness of information and services of the Website. Any reliance on such information and/or services is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.

It is your sole responsibility to create a backup copy of the data you inserted into our environment with the aim to use our services. You hereby accept the risk of unrecoverable and total loss for anything uploaded or inserted into the Website or its environment. The foregoing extends to, but is not limited to, all data, developers' code, scripts, commands, and similar pieces of digital information (not excluding any type) that reflect your desired outcome in combination with the resources we make available to you through our services.

Links from the Website

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only.

We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Possible Restrictions

We make no claims that the Website or any of its content is accessible or appropriate outside of North America and Europe. Access to the Website and its offerings may not be legal for certain persons or in certain countries. If you access the Website or its contents from outside North America and Europe, you do so on your own initiative and are responsible for compliance with local and/or international laws.

ARTICLE VI

Disclaimers

We are not giving any warranty that our Website and its offerings will fulfill your commercial or private intention as you see fit.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOAD OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

You are solely responsible for the security of your account/workspace. Please be advised that by using weak passwords you increase the chances of hijacking your account by an unauthorized user.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT (INCLUDING AVAILABLE FEATURES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE COMPANY WEBSITE, SYSTEMS AND/OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY WEBSITE SYSTEMS AND SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE COMPANY WEBSITE OR SYSTEMS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIABILITIES IMPOSSIBLE TO BE EXCLUDED UNDER THE APPLICABLE LAW SHALL BE LIMITED TO THE MAXIMUM AMOUNT PAID BY YOU FOR THE SERVICES THE WEBSITE PROVIDED TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website's content, services, and products, other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

ARTICLE VII

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of BERMUDA, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of BERMUDA, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE WEBSITE MUST BE COMMENCED WITHIN FOURTY FIVE DAYS (45) DAYS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

ARTICLE VIII

Waiver and Severability

No waiver, by the Company of any term or condition set forth in these Terms of Use, shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and any other documents incorporated herein constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and its service offerings.

Communication about Terms of Use

This website is operated by Barrage d.o.o., Zagrebačka 1, 31000 Osijek, Republic of Croatia (EU).

Requests for technical support and other communications relating to the Website should be directed to: [email protected] .