Terms and Conditions

Welcome to Aqaba AI. These Terms and Conditions ("Terms") govern your access to and use of Aqaba AI's website, services, and products (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.

• "Account" means a unique account created for you to access our Services.
• "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Aqaba AI.
• "Service(s)" refers to cloud GPU computing services, storage, and related offerings provided by Aqaba AI.
• "You" refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.
• "GPU Instance" refers to virtual machines equipped with GPUs made available to users.
• "Credits" refers to the prepaid balance used to pay for Aqaba AI's Services.
• "Storage Volume" refers to persistent data storage capacity that can be attached to instances.

3.1 Registration Requirements

To use our Services, you must create an account by providing accurate, complete, and up-to-date information. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

3.2 Age Restrictions

You must be at least 18 years of age to create an account and use our Services. By creating an account, you represent and warrant that you are at least 18 years old.

3.3 Account Security

You agree to:

• Keep your password secure and confidential
• Not share your account with anyone else
• Notify us immediately upon becoming aware of any breach of security or unauthorized use of your account

4.1 Cloud GPU Services

Aqaba AI provides cloud-based GPU computing resources for AI model training, machine learning, and related computational tasks. Our Services include GPU instances, storage solutions, and supporting infrastructure.

Each GPU instance is exclusively allocated to a single user, providing dedicated access to the hardware resources specified in the instance configuration.

4.2 Service Availability

While we strive to provide uninterrupted Services, we do not guarantee that the Services will be available at all times. We reserve the right to suspend or terminate the Services temporarily for maintenance, upgrades, or other operational reasons.

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time. We will make reasonable efforts to notify you of significant changes to the Services.

5.1 Credit System

Our Services operate on a prepaid credit system. You must purchase credits to use our GPU instances and other Services. Credits are non-refundable except as required by applicable law.

5.2 Pricing

Pricing for our Services is available on our website. We reserve the right to change our pricing at any time. Any price changes will be communicated to you and will apply to future credit purchases and Service usage.

5.3 Billing

You will be billed based on your usage of our Services, with costs deducted from your prepaid credits. When your credit balance reaches zero, your active GPU instances may be terminated unless you purchase additional credits.

5.4 Refunds

Refunds are generally not provided for purchased credits or used Services. In exceptional circumstances, refunds may be considered at the sole discretion of Aqaba AI.

6.1 Compliance with Laws

You agree to use our Services in compliance with all applicable laws and regulations. You are solely responsible for ensuring that your use of our Services does not violate any laws or regulations.

6.2 Prohibited Activities

You agree not to use our Services for:

• Illegal activities or to promote illegal activities
• Activities that infringe on the intellectual property rights of others
• Transmission of malware, viruses, or other harmful code
• Unauthorized access to or interference with any system or network
• Activities that may disrupt or damage our Services or infrastructure
• Generation of content that promotes hate speech, discrimination, or violence
• Mining or generating cryptocurrency

6.3 Resource Usage and Instance Management

Your GPU instances are fully dedicated to you and isolated from other users. Unlike shared services, we do not terminate instances due to idling or inactivity - you have complete control over the lifecycle of your instances. You're free to keep your instances running for as long as you have sufficient credits, regardless of usage patterns or activity levels.

You have full access to the computational resources you've purchased, and you may utilize them at any capacity level you choose. We do not impose restrictions on resource utilization intensity, as each instance is allocated exclusively to a single user, preventing any impact on other customers' experiences.

You are solely responsible for starting, stopping, and managing your instances. We will only terminate instances in extraordinary circumstances such as system maintenance, hardware failure, or violations of other terms specified in this agreement.

7.1 User Data

You retain ownership of any data you upload, create, or process using our Services. You grant us a limited license to host, process, and store your data as necessary to provide the Services.

7.2 Data Security

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You are responsible for backing up your important data.

7.3 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.1 Our Intellectual Property

The Services, including all content, features, and functionality, are owned by Aqaba AI and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use our intellectual property without our prior written consent.

8.2 Your Intellectual Property

You retain all rights to your data and content processed through our Services. You grant us a license to use your content solely for the purpose of providing and improving our Services.

9.1 Termination by You

You may terminate your account at any time by contacting us. Upon termination, any remaining credits in your account will be forfeited.

9.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach the Terms. Upon termination, your right to use the Services will cease immediately.

9.3 Effects of Termination

Upon termination of your account:

• All GPU instances associated with your account will be terminated
• Your data may be deleted from our systems after a grace period
• Any unused credits will be forfeited

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 Limitation of Liability

IN NO EVENT SHALL AQABA AI 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 YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

10.3 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to defend, indemnify, and hold harmless Aqaba AI and its 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.

These Terms shall be governed and construed in accordance with the laws applicable in the jurisdiction where Aqaba AI is incorporated, without regard to its conflict of law provisions.

12.1 Dispute Resolution

Any dispute arising from these Terms shall be resolved through arbitration in accordance with the applicable rules of the jurisdiction where Aqaba AI is incorporated.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

If you have any questions about these Terms, please contact us at:

Email: info@aqaba.ai

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.

These Terms constitute the entire agreement between you and Aqaba AI regarding your use of the Services and supersede all prior and contemporaneous written or oral agreements between you and Aqaba AI.

Last updated: March 18, 2025