OpenGPU Terms of Use

These Terms of Use (these "Terms") are between you (also referred to herein as "user", "you" and "your") and OpenGPU Limited, a company incorporated in the British Virgin Islands ("OpenGPU", the "Company", "we", "us" and "our"). These Terms govern your use of the services provided by us as described below (the "Services"). By accessing the Services made available on https://opengpu.network/ (the "Website") you agree that you have read, understand, and accept all of the terms and conditions contained in these Terms. We may, from time to time, engage subcontractors to operate and/or maintain the Website.

We may make changes to these Terms from time to time. If we do this, we will post the revised Terms on the Website and will indicate at the top of this page the date the was last revised. You understand and agree that your continued use of the Service or the Website after we have made any such changes constitutes your acceptance of the new Terms.

INTRODUCTION

Eligibility

To be eligible to use the Website you must be at least eighteen (18) years of age or older. The Website, interface and Services (as defined below) is strictly NOT offered to persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in any Restricted Territory, as defined below (any such person or entity from a Restricted Territory shall be a "Restricted Person"). If you are a Restricted Person, then do not attempt to access or use the Website. The Company will implement technical measures such as "geoblocking" to ensure that the Website, interface and Services are not available to Restricted Persons. Use of a virtual private network (e.g., a VPN) or other means by Restricted Persons to access or use the Website, interface or Services is prohibited. For the purpose of these Terms, Restricted Territory shall mean the United States, People's Republic of China, Russia, Myanmar (Burma), Cote D'Ivoire (Ivory Coast), Cuba, Crimea and Sevastopol, Democratic Republic of Congo, Iran, Iraq, Libya, Mali, Nicaragua, Democratic People's Republic of Korea (North Korea), Somalia, Sudan, Syria, Yemen, Zimbabwe, or any other state, country or region that is subject to sanctions enforced by the United States, the United Kingdom or the European Union.

Terms

We reserve the right to disable access to the Website interface at any time in the event of any breach of the Terms, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy the eligibility requirements set forth in the Terms. Further, we reserve the right to limit or restrict access to the Website interface by any person or entity, or within any geographic area or legal jurisdiction, at any time and at our sole discretion. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Website interface being inaccessible to you at any time or for any reason.

Data and Information

Where requested to provide any information about yourself, you agree to (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website or otherwise requested by the Company ("Registration Data"); (ii) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; (iii) promptly notify the Company regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Website or Service or the terms on which you use the Website or Service; and (iv) be fully responsible for all your actions on the Website.

Legality

You are solely responsible for adhering to all laws and regulations applicable to you and your use or access to the Website and interface thereon. Your use of the Website and Services is prohibited by and otherwise violate or facilitate the violation of any applicable laws or regulations, or contribute to or facilitate any illegal activity. We make no representations or warranties that the information, products, or services provided through the Website, are appropriate for access or use in other jurisdictions. We reserve the right to limit the availability of our Website to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.

Access

You agree and understand that you are not allowed to enter any restricted area of any computer or network of the Company under any circumstances, or perform any functions that are not authorised by these Terms.

DATA PROTECTION AND SECURITY

Loss or Compromise

Any loss or compromise of your electronic device or your security details may result in unauthorised access to your digital assets by third parties and the loss or theft of such assets.

Shared Access

You should never allow remote access or share your computer screen with someone else when you are accessing the Services. The Company will never under any circumstances ask you for your private keys or passwords, or to screen share or otherwise seek to access your computer or digital assets. You should not provide your details to any third party for the purposes of remotely accessing your computer or digital assets.

Personal Data

You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with these Terms, or the Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy, which is available at [privacy policy], and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and (iii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.

Safety and Security of Your Computer and Devices

The Company is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attacks. We advise the regular use of a reputable and readily available virus screening and prevention software.

USER FEEDBACK, QUERIES, COMPLAINTS, DISPUTES

Contact

If you have feedback or general questions, please contact us via our User Support at info@opengpu.network. When you contact us please provide us with your name, email address, and any other information we may need to identify you, your transactions conducted, and digital assets held.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION SECTION AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. THIS SECTION REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Each party (i) waives all its respective right(s) to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising from or related to these Terms resolved in a court, and (ii) waive all its respective right(s) to have any Disputes heard before a court. Instead, each party shall arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

Any Dispute arising out of or related to these Terms is personal to you and will be resolved solely through individual arbitration, and in no circumstances shall be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an entity attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Any Dispute arising out of or in connection with these Terms (including without limitation the enforceability of this section 9 or any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this section 9. The seat of the arbitration shall be Singapore. The tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.

Each party will notify the other party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to the Company shall be sent by e-mail to the Company at info@opengpu.network . Notice to you shall be either posted on the Website or, if available, will be sent by email to your email on record. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a full and sufficient description of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and the Company cannot agree on how to resolve the Dispute within thirty (30) days after the date the notice is received by the applicable party, then either you or the Company may, as appropriate and in accordance with this section 9, commence an arbitration proceeding or, to the extent specifically provided for in this section 9, file a claim in court.

The arbitrator does not have the authority to conduct a class arbitration or a representative or class action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

If any term, clause or provision of this section 9 is held invalid or unenforceable, it will be held to the minimum extent applicable and required by law, and all other terms, clauses and provisions of this section 9 will remain valid and enforceable. Further, the waivers set forth in this section 9 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

You agree that this section 9 of these Terms has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section 9 shall be grounds for dismissal of any court action commenced by you with respect to a dispute arising out of such matters.

A printed version of these Terms shall be admissible in judicial or administrative proceedings.