Terms of Service

Effective Date: x x, xxxx
Last Updated: x x, xxxx

TERMS OF SERVICE AGREEMENT

BY CREATING AN ACCOUNT, PLACING AN ORDER, ACCESSING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS TERMS OF SERVICE AGREEMENT AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ORDER, ACCESS, OR USE THE SERVICES.

This Terms of Service Agreement (“Agreement”) is entered into between SCALIBIT, LLC (“SCALIBIT”, “we”, “us”, or “our”) and the individual or legal entity that creates an Account, places an order, accesses, or uses the Services (“Customer”, “you”, or “your”). SCALIBIT and the Customer may each be referred to as a “Party” and collectively as the “Parties”.

SCALIBIT provides leased, unmanaged Dedicated Servers and GPU Servers, together with IPv4 and IPv6 addresses and other Network Resources assigned or routed in connection with those Services, and provides technical support within the scope described in this Agreement. The Customer administers and controls the Server Environment.

1. DEFINITIONS; SCOPE & SERVICE MODEL

1.1 Definitions

For purposes of this Agreement, the following terms have the meanings stated below. Defined terms may be used in the singular or plural as the context requires.

“Services” means the leased, unmanaged Dedicated Servers and GPU Servers provided by SCALIBIT under this Agreement, together with IPv4 and IPv6 addresses, other Network Resources, software licenses, options, or add-ons expressly provided in connection with those servers under an applicable Service Order. No reference in this Agreement to a technology, feature, resource, or capability creates an obligation for SCALIBIT to offer a product or Service that is not expressly made available by SCALIBIT.

“Dedicated Server” or “Dedicated Servers” means one or more physical, non-virtualized servers, including Bare Metal systems, provisioned for the exclusive use of the Customer and provided as a leased, unmanaged server Service.

“GPU Server” or “GPU Servers” means one or more dedicated physical servers equipped with one or more graphics processing units (GPUs), including single-GPU and multi-GPU configurations, and provided as a leased, unmanaged server Service.

“Network Resources” means IPv4 addresses, IPv6 addresses, IPv4 or IPv6 subnets or prefixes, gateways, routing, reverse DNS (rDNS/PTR), and other network resources assigned, routed, or otherwise provided in connection with a Dedicated Server or GPU Server.

“Service Order” means an order for a specific Service submitted by or on behalf of the Customer through the SCALIBIT website or Client Area, through a quotation accepted by the Customer, or through another ordering method made available by SCALIBIT. Submission of a Service Order does not, by itself, make the Service Order binding on SCALIBIT. A Service Order becomes binding upon acceptance by SCALIBIT in accordance with Section 4.1. A Service Order identifies the applicable server configuration, hardware specifications, selected options, Service Location, billing term, price, and other Service-specific characteristics applicable to the ordered Service.

“Service Location” means the geographic location identified for a particular Dedicated Server or GPU Server in the applicable Service Order or otherwise expressly confirmed by SCALIBIT for that Service.

“Upstream Provider” means a third party whose facilities, systems, connectivity, hardware, IP or Network Resources, colocation services, network services, or other technical or infrastructure resources are used by SCALIBIT in connection with the provision of the Services. Upstream Providers may include data center operators, network carriers, transit providers, IP resource providers, colocation providers, hardware suppliers, remote-hands providers, and other technical or infrastructure vendors.

“Server Environment” means the operating environment on or through a Dedicated Server or GPU Server provided to the Customer. The Server Environment includes the operating system, kernel, drivers, control panels, content-management systems (CMS), web server software, mail server software, billing and automation software, virtualization or hypervisor software, container and orchestration software, security software, monitoring software, backup software, applications, databases, websites, APIs, services, runtimes, toolkits, AI, machine-learning, training, inference, model-serving, or other GPU-computing software, frameworks, libraries, packages, dependencies, scripts, plugins, themes, extensions, modules, models, datasets, workloads, user accounts, service accounts, security configurations, access controls, Server Administrative Access Information, authentication methods, and any other software, application, system, component, configuration, code, data, or workload installed, deployed, configured, stored, processed, or operated by or on behalf of the Customer within or through the server.

“Customer Content” means any data, files, databases, communications, email and messaging content, website content, application data, software, source code, prompts, inputs, outputs, images, photographs, audio, music, video, audiovisual material, media, documents, datasets, models, workloads, logs, archives, and other content or data stored, uploaded, transmitted, processed, generated, hosted, or otherwise handled by or for the Customer on or through any Dedicated Server or GPU Server provided by SCALIBIT. Customer Content does not include SCALIBIT’s own Account, billing, support, security, Service-administration, or business records.

“Account” means the Customer account established with SCALIBIT for ordering, accessing, managing, renewing, cancelling, obtaining support for, and making payments relating to the Services.

“Account Information” means information supplied by or on behalf of the Customer to SCALIBIT in connection with Account registration, ordering, billing, payment, support, verification, Account administration, or use of the Services, including contact, business, billing, and Service-related information.

“Client Area” means SCALIBIT’s customer portal available at https://scalibit.com/login, or any successor customer portal designated by SCALIBIT.

“Client Area Access Information” means the information and authentication or recovery methods used to access the Customer’s Account through the Client Area, including, as applicable, the registered email address or other login information, password, multi-factor or two-factor authentication methods, recovery codes or recovery methods, and other Account-access methods made available by SCALIBIT. Client Area Access Information is separate from Server Administrative Access Information.

“Server Administrative Access Information” means information or access methods used by the Customer to obtain administrative or privileged access to a Dedicated Server or GPU Server, including, as applicable, root or Administrator usernames and passwords, SSH access information, SSH keys, SSH or RDP ports, authentication methods or tokens, and other privileged server-access information or methods. Server Administrative Access Information is separate from Client Area Access Information.

“Support Ticket” means a technical, billing, Account, or other support request submitted by the Customer through SCALIBIT’s support system after signing in to the Client Area. Unless this Agreement expressly states otherwise, ordinary email, telephone, live chat, messaging applications, social media, or other external communications do not constitute a Support Ticket.

“Authorized User” means a person to whom the Customer grants permission to access or use designated Account or Service functions on the Customer’s behalf.

“End User” means any customer, user, employee, contractor, visitor, tenant, or other third party of the Customer who accesses or uses any website, application, system, platform, network function, or other service operated by the Customer through the Services.

“Acceptable Use Policy” or “AUP” means SCALIBIT’s policy governing permitted, restricted, and prohibited use of the Services, available at https://scalibit.com/legal/acceptable-use-policy.

“Service Level Agreement” or “SLA” means a written service-level commitment expressly identified by SCALIBIT as an SLA and made applicable to a particular Service. No SLA applies merely because a website, product description, marketing material, or other communication refers to availability, network stability, expected performance, or another operational metric.

1.2 Unmanaged Services and Customer Responsibility for Server Administration

All Dedicated Servers and GPU Servers provided by SCALIBIT are unmanaged Services. During the ordering process, the Customer selects from the options available for the applicable Service, which may include the operating system, number of IPv4 or IPv6 addresses, memory, storage, network port speed, traffic allocation, and other available hardware, network, or software options. SCALIBIT provisions the Service in accordance with the accepted Service Order and, unless the Customer selects an available self-installation option, installs the operating system selected by the Customer. Where SCALIBIT installs the operating system, following provisioning SCALIBIT provides the Customer with the initial Server Administrative Access Information required to access the server.

Where the applicable server hardware, Service Location, and available management infrastructure support Customer self-installation, SCALIBIT may offer a “No Installation”, “Self-Install”, or comparable option. If the Customer selects such an option, SCALIBIT makes the server available without an operating system and provides the applicable out-of-band management-interface access information, such as IPMI, iDRAC, iLO, KVM, or another comparable management interface. The Customer is then responsible for installing and configuring the operating system and for establishing, securing, and managing all administrative access to the Server Environment.

Where offered for the applicable Service, the Customer may also select optional software for initial installation before provisioning is completed. Such options may include control panels, CloudLinux, LiteSpeed, drivers, utilities, or other third-party software made available by SCALIBIT. For GPU Servers, available options may also include GPU drivers, GPU computing toolkits, container or GPU-container tooling, AI or machine-learning frameworks, runtimes, development or inference environments, or other GPU-related software. SCALIBIT will install such software only where selected by the Customer and expressly included in the applicable Service Order.

Optional software may be included at no additional charge, subject to a one-time installation fee, subject to a recurring or third-party license fee, or otherwise priced as identified during the ordering process or in the applicable Service Order. Third-party software and licenses may also be subject to separate vendor or licensor terms, technical requirements, and charges. Any optional software installation performed by SCALIBIT is limited to the initial installation expressly included in the applicable Service Order and does not create an ongoing software-management, administration, maintenance, updating, optimization, development, debugging, workload-management, or monitoring obligation. Third-party software and licensing matters are additionally governed by Section 13.

Whether the operating system is installed by SCALIBIT at the Customer’s request or by or on behalf of the Customer through an available self-installation option does not change the Customer’s responsibility for administration of the Server Environment. After the Service has been provisioned and made available to the Customer, the Customer operates and administers the Server Environment and is solely responsible for its configuration, operation, administration, maintenance, updating, patching, hardening, monitoring, security, compatibility, backup, and lawful use. The Customer is responsible for all Customer-installed or Customer-controlled components of the Server Environment and for the management and security of Customer Content. Initial provisioning, operating-system installation or reinstallation, optional software installation, or a Customer-authorized Technical Support action does not transfer administration or management of the Server Environment to SCALIBIT.

Where SCALIBIT installs an operating system, the Customer is responsible for promptly changing any initial root or Administrator password provided by SCALIBIT and for securing and managing all Server Administrative Access Information thereafter. After an initial root or Administrator password created by SCALIBIT for provisioning has been delivered to the Customer, SCALIBIT does not retain or store that initial password as part of ordinary Service operation. Any root or Administrator password, private SSH key, authentication secret, or other secret Server Administrative Access Information subsequently changed, created, or configured by the Customer is not ordinarily known to or available to SCALIBIT. SCALIBIT does not require or obtain Server Administrative Access Information as a standard part of technical support and does not provide password storage, SSH-key management, or administrative-access management for the Customer’s Server Environment. In limited circumstances, where access to the Server Environment is reasonably necessary to diagnose or address a specific Service-related technical issue, SCALIBIT may request temporary Server Administrative Access Information through a Support Ticket. Any such access is provided voluntarily by the Customer with the Customer’s express authorization, is limited to the specific Support Ticket and technical issue for which it was provided, and is temporary in nature. The Customer’s provision of temporary Server Administrative Access Information does not transfer administration, control, custody, or security responsibility for the Server Environment or its administrative access to SCALIBIT and does not, solely because such access was provided, make SCALIBIT responsible for pre-existing conditions, unrelated activity, or subsequent activity within the Server Environment. The Customer remains responsible for revoking, changing, or otherwise disabling any temporary Server Administrative Access Information after the applicable support work is completed. The scope and use of any such temporary access are governed by Section 6.

1.3 Customer Responsibility and Lawful Use

The Customer is operationally and contractually responsible for all use of and all activity occurring through or in connection with the Services and all IPv4 addresses, IPv6 addresses, subnets, and other Network Resources assigned to or used with the Services. The Customer must ensure that all such use and activity complies with this Agreement, the applicable Service Order, SCALIBIT’s Acceptable Use Policy (AUP), SCALIBIT’s Anti-Spam Policy, and all other applicable incorporated policies.

The Customer is responsible for use of and activity through the Services by Authorized Users, End Users, customers, employees, contractors, administrators, applications, systems, automated processes, and any other persons or systems that the Customer authorizes, permits, enables, or allows to access or use the Services. The Customer may not avoid, reduce, assign, or transfer its contractual responsibility to SCALIBIT merely because access to or use of a Service is delegated, provided, resold, sublicensed, shared, or otherwise made available to another person or system.

The Customer also remains responsible for all activity occurring through or in connection with any Dedicated Server or GPU Server provided as part of the Services, the Server Environment, or any IPv4 address, IPv6 address, subnet, or other Network Resource assigned to or used with the Services. This responsibility applies regardless of whether such activity results from unauthorized access, system compromise, malware, malicious code, exploitation, a compromised account, stolen or misused Server Administrative Access Information, a Customer-controlled or unauthorized automated process, or other unauthorized third-party activity. It also applies where such activity results from a vulnerability, defect, insecure configuration, misconfiguration, outdated or unsupported software, or other security weakness in any Customer-installed or Customer-controlled component of the Server Environment, including an operating system, kernel, driver, control panel, content-management system, web server software, mail server software, billing or automation software, virtualization or hypervisor software, container or orchestration software, security software, application, database, API, service, runtime, toolkit, AI or machine-learning software, framework, library, package, dependency, script, plugin, theme, extension, module, user account, service account, authentication method, or other software, system, component, or configuration.

For purposes of the Customer’s contractual obligations to SCALIBIT, lack of knowledge, intent, authorization, participation, or awareness concerning such activity does not excuse, reduce, transfer, or eliminate the Customer’s responsibility for the activity or its contractual consequences under this Agreement. The Customer remains responsible for any violation of this Agreement, the Acceptable Use Policy (AUP), the Anti-Spam Policy, or another applicable incorporated policy resulting from activity occurring through or in connection with any Dedicated Server or GPU Server provided to the Customer, the Server Environment, or any IPv4 address, IPv6 address, subnet, or other Network Resource assigned to or used with the Services.

The Customer must not use, authorize, permit, enable, facilitate, or knowingly allow the Services, any Dedicated Server or GPU Server, the Server Environment, or any IPv4 address, IPv6 address, subnet, or other Network Resource assigned to or used with the Services to be used for any activity prohibited by this Agreement, the Acceptable Use Policy (AUP), the Anti-Spam Policy, another applicable incorporated policy, or applicable law. Prohibited activity may include, without limitation, spam or other prohibited messaging, phishing, fraud or deceptive activity, malware or malicious-code distribution, botnet or command-and-control activity, unauthorized relaying, abusive or malicious network traffic, brute-force attacks, unauthorized access or intrusion attempts, unauthorized scanning or exploitation, denial-of-service or distributed-denial-of-service attacks, copyright infringement or other infringement of intellectual-property rights, online gambling, online betting, virtual betting, online casinos, lotteries, sweepstakes, or other games-of-chance activities, prohibited pornographic or sexually explicit content or services, unlawful or prohibited content or services, and the use of VPNs, proxies, tunnels, relays, anonymization services, or similar technologies to conceal the identity or origin of activity, evade restrictions or enforcement measures, or facilitate any activity prohibited by this Agreement or applicable law. The detailed scope of prohibited, restricted, and conditionally permitted activity is governed by the Acceptable Use Policy (AUP), the Anti-Spam Policy, and any other applicable incorporated policy.

Where prohibited or harmful activity nevertheless occurs through or in connection with the Services, the Customer remains contractually responsible as provided in this Section regardless of whether the activity was initiated, authorized, intended, known, or performed by the Customer or instead resulted from an Authorized User, End User, another person or system, unauthorized access, system compromise, malware, exploitation, compromised software or account, a Customer-controlled or unauthorized automated process, a vulnerability, insecure configuration, misconfiguration, or other security weakness in any Customer-installed or Customer-controlled component of the Server Environment, or other unauthorized third-party activity. The Customer remains responsible for promptly securing the affected Service, investigating and containing the condition, stopping the activity, remediating the underlying cause, complying with applicable abuse-response and security-remediation requirements, restoring the affected Service to compliance, and taking all necessary remedial and preventive measures to prevent continued or recurring misuse.

Activity for which the Customer is responsible under this Section may result in filtering, blocking, rate limiting, null-routing, restriction or withdrawal of affected Network Resources, Service suspension, Service termination, or other protective or enforcement measures to the extent permitted by this Agreement and the applicable incorporated policies. Any applicable financial responsibility, pass-through charge, indemnification obligation, liability, refund treatment, or other financial consequence arising from such activity is governed by the applicable Billing, Abuse, Refund, Suspension, Termination, Limitation of Liability, and Indemnification provisions of this Agreement.

The Customer is responsible for determining whether the selected Service, configuration, Service Location, redundancy arrangements, backup arrangements, recovery capabilities, security controls, and other characteristics are appropriate for the nature, sensitivity, criticality, availability requirements, and intended use of the Customer’s workloads and Customer Content.

1.4 Customer Content and SCALIBIT’s Technical Role

SCALIBIT does not access, inspect, search, review, analyze, classify, moderate, or monitor Customer Content on or through any Dedicated Server or GPU Server provided to the Customer. Customer Content has the meaning set out in Section 1.1 and includes all content and data within that definition regardless of its type, format, purpose, or method of storage, transmission, processing, generation, hosting, or other use through the Service.

Where the Customer expressly authorizes temporary administrative access for a specific Support Ticket in accordance with Section 6, SCALIBIT may access only the portions of the Server Environment and technical configuration reasonably necessary to investigate or perform the authorized Service-related technical task. Such authorization does not authorize SCALIBIT to access, inspect, search, review, analyze, classify, moderate, or administer Customer Content.

SCALIBIT does not assume responsibility for the operation, administration, management, configuration, maintenance, updating, patching, security, debugging, optimization, or monitoring of the Server Environment or any Customer-installed or Customer-controlled component of it. The Customer determines and controls the software, applications, systems, services, workloads, models, datasets, data, and Customer Content installed, deployed, configured, stored, processed, or operated on or through the Dedicated Server or GPU Server provided to the Customer and the purposes for which they are used.

Service provisioning, physical hardware and power operations, network connectivity and routing, Network Resource assignment, reverse DNS, network-security measures, DDoS mitigation where available, operating-system installation or reinstallation requested by the Customer, server-reachability troubleshooting, Customer-authorized temporary support access and limited technical changes performed in accordance with Section 6, abuse or legal-notice handling relating to the Services or assigned Network Resources, and other Service-related technical or infrastructure actions do not, by themselves, constitute managed server administration or transfer administration or management of the Server Environment to SCALIBIT. Such actions also do not constitute access to, inspection, monitoring, moderation, administration, or management of Customer Content or Customer-operated applications, software, or workloads.

1.5 Contractual Documents and Order of Precedence

This Agreement governs the Customer’s Account, Service Orders, access to and use of the Services, technical support relating to the Services, and the contractual relationship between SCALIBIT and the Customer. The following contractual documents and policies also apply where relevant to their respective subject matter:

• the applicable Service Order;
• any service-specific term, addendum, or written SLA expressly made applicable to the affected Service;
• SCALIBIT’s Acceptable Use Policy (AUP);
• SCALIBIT’s Anti-Spam Policy;
• SCALIBIT’s GPU & Specialized Compute Usage Policy, for GPU Servers and any other Service expressly subject to that policy;
• SCALIBIT’s Refund Policy; and
• any other contractual policy or service-specific term expressly incorporated into this Agreement or expressly made applicable to the relevant Service.

SCALIBIT also publishes privacy, data-protection, copyright, abuse-reporting, legal-request, and regulatory-compliance documents that apply according to their respective terms, subject matter, the Customer’s jurisdiction, the nature of the Services, or applicable law. These documents include:

• SCALIBIT’s Privacy Notice;
• SCALIBIT’s California Privacy Notice (CCPA);
• SCALIBIT’s US States Privacy Notice;
• SCALIBIT’s GDPR Privacy Notice (EEA);
• SCALIBIT’s Cookies Policy;
• SCALIBIT’s DMCA Copyright Policy;
• SCALIBIT’s Report Abuse Policy;
• SCALIBIT’s Information Requests Policy; and
• SCALIBIT’s Digital Services Act (DSA) Compliance, where applicable.

Where applicable, the Data Processing Agreement (DPA) governs personal-data processing matters within its scope. Not every privacy, data-protection, copyright, abuse-reporting, legal-request, regulatory, or other procedural document applies to every Customer, Service, activity, or jurisdiction. A document applies only to the extent provided by its terms or required by applicable law.

In the event of an express conflict between applicable contractual documents, the following order of precedence applies to the extent of the conflict: an applicable Service Order controls the specific commercial and technical terms expressly stated for that Service; a service-specific term, addendum, or written SLA controls the specific subject matter it expressly governs; an applicable Data Processing Agreement controls personal-data processing matters within its scope; this Agreement controls the general contractual relationship between SCALIBIT and the Customer; and incorporated policies supplement this Agreement for the specific subject matter they govern unless an applicable document expressly provides otherwise. Where two incorporated policies expressly conflict, the policy that more specifically governs the affected subject matter controls to the extent of that conflict.

A privacy notice, legal notice, procedural document, informational document, guidance document, knowledge-base article, marketing statement, support communication, or other publication does not modify this Agreement or create an additional contractual commitment unless it is expressly incorporated into the contractual relationship or expressly identified by SCALIBIT as a binding Service term, Service Order, addendum, or SLA.

2. ELIGIBILITY; AUTHORITY & VERIFICATION

2.1 Eligibility and Legal Capacity

The Services may be ordered and used only by (i) natural persons who are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement, or (ii) legal entities acting through a duly authorized representative with authority to bind the applicable entity.

By creating an Account, placing a Service Order, accessing, or using the Services, the Customer represents and warrants that the Customer is legally permitted to enter into this Agreement and to receive and use the Services. Individuals under eighteen (18) years of age may not create an Account, place a Service Order, purchase, access, or use the Services.

The Customer is responsible for determining whether its receipt and use of the Services are lawful and appropriate for the Customer’s activities, location, users, workloads, and intended purposes. This includes compliance, where applicable, with United States federal, state, and local law, applicable foreign law, and applicable sanctions, export-control, end-user, end-use, licensing, and other legal restrictions. The Services may not be ordered, accessed, or used where doing so would violate applicable law or a binding legal restriction. SCALIBIT does not provide legal advice or make legal-compliance determinations on the Customer’s behalf.

2.2 Authority to Act for an Organization

If an Account is created, a Service Order is placed, or the Services are accessed or used on behalf of a corporation, company, partnership, organization, governmental body, or other legal entity, the person acting on behalf of that entity represents and warrants that the person has sufficient authority to act on behalf of and bind the entity to this Agreement and all applicable incorporated policies. If the person does not have such authority, the person must not create an Account, place a Service Order, access, or use the Services on behalf of that entity.

The Customer remains responsible for actions taken through its Account by any person acting with authority granted by the Customer, subject to the Account, Authorized User, and Account-security provisions of this Agreement.

2.3 Customer-Supplied Information

Information submitted by or on behalf of the Customer in connection with Account registration, ordering, billing, payment, support, verification, or administration of the Services must be accurate, current, complete, and not materially misleading. The Customer must promptly update material information that changes during the Service relationship.

The Customer must not knowingly provide false, inaccurate, misleading, fictitious, or unauthorized information in connection with the Account or Services. Where Customer-supplied information is materially false, inaccurate, misleading, fictitious, or unauthorized, or is not corrected following a reasonable request by SCALIBIT, SCALIBIT may decline or delay an Account action or Service Order, require verification under Section 2.4, or take action with respect to an affected Service in accordance with the applicable provisions of this Agreement.

SCALIBIT may rely on information supplied by the Customer for Account administration, order processing, billing, payment, fraud prevention, security, support, and legal or regulatory compliance. Unless SCALIBIT expressly confirms that particular information has been independently verified, Customer-supplied information remains information represented by the Customer and should not be understood as independently verified or certified by SCALIBIT.

2.4 Verification

SCALIBIT does not routinely require government-issued identification or continuous identity verification as a condition of every Account registration or Service Order. However, SCALIBIT may, before accepting a Service Order or at any time during the Service relationship, request reasonable information or documentation where verification is reasonably necessary for Account ownership or security, payment authorization, fraud prevention, business authority, legal or regulatory compliance, sanctions or export-control compliance, abuse investigation, or another legitimate risk-management purpose.

The type and extent of verification may vary according to the circumstances and may include information or documentation reasonably necessary to confirm the Customer, Account ownership, authority to act for an organization, payment authorization, billing information, or another matter relevant to the verification purpose. Such information or documentation may include, where reasonably appropriate, government-issued identification, business-registration records, proof of address, payment-related verification, authorization documents, or other reasonably relevant materials. SCALIBIT is not required to apply the same verification procedure to every Customer, Account, Service Order, or transaction.

Where SCALIBIT reasonably requires verification, the Customer must provide the requested information or documentation within the timeframe reasonably specified by SCALIBIT. SCALIBIT may decline or delay an Account action or Service Order, restrict sensitive Account functions, or, where an active Service is affected, restrict, suspend, or terminate the affected Service in accordance with the applicable Suspension and Termination provisions where required verification cannot reasonably be completed, the Customer refuses or fails to cooperate with a reasonable verification request, the requested information or documentation is not provided within the specified timeframe, or information supplied for verification is materially false, misleading, inconsistent, unauthorized, or unverifiable.

Suspension or termination resulting from failure to complete required verification is subject to Section 19. If an affected Service is terminated and deprovisioned, the Customer may permanently lose access to Customer Content remaining on that Service, and the treatment and recoverability of Customer Content are governed by Section 12.

2.5 Verification Does Not Constitute Approval of Customer Activity

Account, identity, authority, payment, fraud, sanctions, export-control, or other verification performed by SCALIBIT relates only to the purpose for which the verification is conducted. Completion of a verification process does not constitute approval, certification, monitoring, legal review, or endorsement of any Dedicated Server, GPU Server, other Service resource, Server Environment, Customer Content, application, workload, business activity, End User, or intended use of the Services.

Acceptance of an Account registration, completion of verification, or continued provision of a Service does not relieve the Customer of any responsibility imposed by this Agreement or applicable law.

2.6 Refusal or Restriction Where Service Cannot Lawfully or Reasonably Be Provided

SCALIBIT is not required to create an Account, accept a Service Order, process or facilitate a transaction, or provide or continue providing a Service where doing so is prohibited or restricted by applicable law, sanctions, export-control requirements, court order, governmental restriction, or another binding legal obligation. SCALIBIT may also delay, refuse, restrict, or condition an Account action, Service Order, transaction, or Service where reasonably necessary to determine whether providing or continuing the applicable Service would violate such requirements. Nothing in this Agreement requires SCALIBIT to enter into or facilitate a transaction, or to commence or continue providing a Service, where doing so is legally prohibited.

SCALIBIT may decline, limit, condition, or refrain from providing a Service where the Customer’s jurisdiction, billing or payment information, place of business or use, requested Service Location, intended transaction, or another relevant jurisdictional connection would cause or reasonably be expected to cause SCALIBIT to become subject to licensing, registration, tax-collection, tax-reporting, withholding, permanent-establishment or other taxable-presence, payment-processing, regulatory, compliance, or similar legal or operational requirements that SCALIBIT does not undertake for the applicable transaction or jurisdiction.

SCALIBIT may also decline a prospective Account registration or Service Order where reasonably justified by availability, capacity, payment risk, fraud risk, security risk, abuse risk, unresolved verification, or another legitimate business, technical, compliance, or operational reason. Acceptance of one Account or Service Order does not obligate SCALIBIT to accept any later Account registration, Service Order, upgrade, additional resource request, or other transaction.

The treatment of payments relating to an order that SCALIBIT does not accept or cannot provide is governed by the Orders, Billing, and Refund provisions of this Agreement. Suspension or termination of an active Service is governed by the applicable Suspension and Termination provisions and is not independently determined by this Section.

3. ACCOUNTS; CLIENT AREA & AUTHORIZED USERS

3.1 Account Information and Registered Email

The Customer must maintain accurate, current, complete, and non-misleading information associated with the Account and must promptly update material information when it changes.

The Customer must maintain a valid and accessible email address associated with the Account and is responsible for monitoring that email address for communications relating to the Account and Services, including billing, payment, renewal, security, support, Service, contractual, and other notices sent by SCALIBIT.

SCALIBIT may require verification of the email address associated with the Account before accepting or provisioning a Service Order or permitting certain Account actions. Where email verification is required, the Customer must complete the verification process using the method made available by SCALIBIT. SCALIBIT may delay review, acceptance, or provisioning of an affected Service Order, or the applicable Account action, until the required email verification has been completed.

The Customer is responsible for maintaining control and security of the registered email account and for configuring its email systems, filtering, spam controls, mailbox capacity, forwarding rules, and other Customer-controlled settings so that communications from SCALIBIT can reasonably be received and reviewed. Loss, compromise, unauthorized access, failure to monitor the registered email address, forwarding failure, spam filtering, mailbox limits, blocking, or another Customer-controlled email condition does not relieve the Customer of obligations arising from notices or communications properly sent by SCALIBIT, subject to applicable law and any specific notice requirement stated in this Agreement. Further provisions governing electronic communications and the effectiveness of notices are set out in Section 29.

SCALIBIT may require a material change to Account Information to be submitted through a Support Ticket or another Account-change procedure designated by SCALIBIT and may require confirmation or reasonable verification before making the requested change where reasonably necessary to protect Account ownership, payment authorization, security, or legal or regulatory compliance. Any such verification is governed by Section 2.

SCALIBIT may maintain reasonable records of material changes to Account Information, including, where applicable, the prior and updated information, date of change, requesting Customer or Authorized User, related Support Ticket, and verification or Account-security information associated with the change. Such records may be retained where reasonably necessary for Account security, fraud prevention, billing, dispute resolution, audit, legal or regulatory compliance, or another lawful administrative purpose, subject to the Privacy Notice and applicable law.

3.2 Client Area Access and Account Security

The Customer is responsible for maintaining the confidentiality and security of Client Area Access Information and for controlling access to the Account. The Customer must not disclose or make Client Area Access Information available to persons who are not authorized to access the Account.

Where multi-factor or two-factor authentication, recovery codes, recovery methods, API keys, tokens, or other Account-access methods are made available by SCALIBIT, the Customer is responsible for securing and maintaining the devices, information, and methods necessary to use or recover such access.

The Customer is also responsible for securing the devices, systems, browsers, email accounts, and networks used by the Customer to access the Client Area. SCALIBIT does not administer, monitor, secure, or recover the Customer’s external email accounts, computers, mobile devices, local networks, or other Customer-controlled systems used to access the Account.

Client Area Access Information is separate from Server Administrative Access Information. Access to the Client Area does not constitute root, Administrator, SSH, RDP, operating-system, or other administrative access to a Dedicated Server or GPU Server.

3.3 Account and Client Area Actions

The Client Area, accessible at https://scalibit.com/login, provides the Customer with access to Account and Service functions made available by SCALIBIT. Depending on the applicable Account and Service, such functions may include placing and reviewing Service Orders, viewing and paying invoices, reviewing Service information, managing Account Information and Authorized Users, submitting and reviewing Support Tickets, requesting Service changes, and submitting renewal, cancellation, or other Account or Service requests.

The availability of a function through the Client Area does not modify the substantive terms, conditions, deadlines, eligibility requirements, or consequences governing the applicable action under this Agreement. Where a particular action is governed by a specific Billing, Cancellation, Refund, Support, Security, Verification, Suspension, Termination, or other provision of this Agreement, that provision continues to apply.

SCALIBIT may reasonably rely on orders, instructions, approvals, Support Tickets, payment actions, Service changes, cancellation requests, configuration requests, and other Account or Service actions submitted through the Customer’s active Client Area session or another Account-access method made available by SCALIBIT.

Except to the extent an Account or Service action results from a demonstrable failure of a SCALIBIT-controlled authentication or Account-security mechanism, the Customer remains contractually responsible for actions submitted through Client Area Access Information, an active Client Area session, API key, token, recovery method, or other Account-access method associated with the Customer’s Account, including where such access results from compromise of a Customer-controlled email account, device, password, authentication method, recovery method, or other Customer-controlled system or access information. The Customer bears the contractual consequences of such actions under the provisions governing the affected action, including applicable ordering, billing, provisioning, configuration, renewal, cancellation, or Service consequences.

The Customer is responsible for reviewing the accuracy, scope, and intended effect of an Account or Service action before submitting or confirming it. SCALIBIT is not required to separately reconfirm every action submitted through the Account unless this Agreement expressly requires additional confirmation or SCALIBIT reasonably determines that further confirmation or verification is appropriate because of suspected error, fraud, compromise, conflicting instructions, or the sensitive or destructive nature of the requested action.

In connection with the administration, security, billing, support, provisioning, and operation of the Account and Services, SCALIBIT may maintain administrative and operational records generated by or associated with its own systems. Such records may include, as applicable, Account Information, Service Orders, invoices and payment records, Support Tickets and related communications, initial Service-provisioning records, assigned IP and Network Resource records, Client Area login and session records, authentication or access-control events, Account-security events, Authorized User information and permissions, Account-change history, and other records reasonably necessary to administer, secure, document, or protect the Account and Services.

SCALIBIT may use and review such records where reasonably necessary for Account administration, billing and payment processing, support, security, fraud prevention, verification, dispute resolution, abuse handling, legal or regulatory compliance, or another lawful purpose. Such records may also be preserved or disclosed where required or permitted in response to valid legal process in accordance with Section 20 and the Privacy Notice.

The administrative and operational records described in this Section are records generated, received, or maintained through SCALIBIT’s own Account, Client Area, billing, payment, support, security, provisioning, and Service-administration systems. Such records may include information supplied by or on behalf of the Customer as well as information generated by SCALIBIT’s own systems in connection with administration of the Account and Services. To the extent such records contain Customer-supplied information, the fact that the information appears in SCALIBIT’s systems does not mean that SCALIBIT has independently verified or certified its accuracy, except where SCALIBIT expressly confirms otherwise. The existence of Account, Client Area, billing, Support Ticket, provisioning, IP-assignment, login, session, access-control, or other administrative records does not mean that SCALIBIT monitors, records, or reconstructs activity occurring within the Customer’s Server Environment. Such administrative records are separate from Customer Content, server operating-system activity, application activity, network-traffic content, packet contents, browsing history, and other Customer-controlled activity within the Server Environment. Maintaining the administrative records described in this Section does not constitute monitoring or reconstruction of Customer activity within the Server Environment.

A later statement that the Customer did not personally submit or intend an Account or Service action does not, by itself, require SCALIBIT to reverse or disregard an action that was submitted through an Account-access method associated with the Customer’s Account. Where an action is disputed, SCALIBIT may consider Account, login, session, access-control, Account-security, Support Ticket, order, billing, payment, IP-assignment, and other relevant administrative or operational records reasonably available to SCALIBIT.

If the Customer believes that an Account or Service action was submitted without authorization, the Customer must notify SCALIBIT promptly and take reasonable steps to secure the affected Account and access methods. SCALIBIT may temporarily restrict sensitive Account functions or delay a disputed action where reasonably necessary to investigate or protect the Account.

To the extent permitted by applicable law, SCALIBIT is not responsible for consequences resulting solely from a Customer-authorized or Customer-originated instruction that SCALIBIT correctly performs as submitted, including an incorrect order, duplicate order, Customer-requested Service change, cancellation, operating-system installation or reinstallation, or another Customer-requested action.

3.4 Authorized Users

The Customer may add or invite additional users, administrators, billing contacts, technical contacts, employees, contractors, or other representatives as Authorized Users and may grant them the Account permissions made available through the Client Area.

The Customer is responsible for determining who may act as an Authorized User, assigning appropriate permissions, reviewing those permissions when responsibilities change, and promptly removing or restricting access that is no longer required.

An Authorized User acts on behalf of the Customer within the permissions and Account access made available to that Authorized User. The Customer remains contractually responsible to SCALIBIT for orders, instructions, Support Tickets, billing actions, Service changes, cancellation requests, and other Account or Service actions submitted by Authorized Users through access granted by the Customer.

If an Authorized User leaves the Customer’s organization, changes roles, loses authority, or is otherwise no longer authorized to act for the Customer, the Customer is responsible for promptly revoking or modifying that person’s Account access and any other Customer-controlled access methods associated with that person.

If the Customer fails to revoke or modify an Authorized User’s access after that person leaves the Customer’s organization, changes roles, loses authority, or otherwise should no longer have access, the Customer remains contractually responsible for Account or Service actions subsequently submitted through the access that the Customer left enabled. This includes orders, instructions, Support Tickets, billing actions, Service changes, cancellation requests, and other actions within the permissions remaining available to that Authorized User. SCALIBIT is not required to independently determine whether an Authorized User remains employed by, associated with, or authorized by the Customer, or to revoke or modify that person’s access. Nothing in this Section alters the provisions of Section 3.3 concerning a demonstrable failure of a SCALIBIT-controlled authentication or Account-security mechanism.

3.5 Account Compromise and Recovery

This Section governs compromise and recovery of the Customer’s Account and Client Area access and does not govern recovery of root, Administrator, SSH, RDP, operating-system, or other administrative access to a Dedicated Server or GPU Server. Server administrative-access and operating-system recovery matters are governed by the applicable Technical Support provisions of this Agreement.

The Customer must promptly notify SCALIBIT after becoming aware of actual or suspected unauthorized access to the Account, compromise of Client Area Access Information, unauthorized changes to Account Information, or another security incident that may affect control of the Account or Services.

The Customer must promptly take reasonable measures within the Customer’s control to secure the affected Account and access methods, including changing affected passwords, securing the registered email account, revoking compromised access methods, terminating unauthorized access where possible, and reconfiguring authentication or recovery methods as appropriate.

If SCALIBIT becomes aware of or reasonably suspects an actual or attempted compromise of the Account, SCALIBIT may take reasonable protective measures based on the information reasonably available to SCALIBIT, including temporarily restricting Account functions, invalidating active Client Area sessions or other Account-access mechanisms provided and controlled by SCALIBIT, requiring changes to Client Area Access Information or authentication methods, or requiring verification under Section 2 before restoring access or permitting sensitive Account actions.

If the Customer forgets or loses its Client Area password or is otherwise unable to access the Account using its usual Account-access information, ordinary Account recovery may be performed using the recovery methods made available by SCALIBIT, provided that the Customer retains control of the registered email address or another applicable recovery method. Ordinary Account recovery may be completed without additional documentation unless further verification is reasonably required. If the Customer has also lost access to the registered email address and cannot use another available Account-recovery method, SCALIBIT may require additional verification before changing material Account Information, disabling an Account-security control, or restoring access.

Verification required for Account recovery may include, where reasonably appropriate, government-issued identification, proof of address, billing or payment records, business-registration documents, evidence of authority to act for a legal entity, historical Account information, or other information or documentation reasonably necessary to establish Account ownership or authority. Any such verification remains subject to Section 2 and the Privacy Notice.

Where additional verification information or documentation is required because the Customer cannot use the registered email address or another available Account-recovery method, SCALIBIT may designate a recovery channel or submission method for that purpose. Sensitive Account-recovery information must be submitted only through the method designated by SCALIBIT for the applicable recovery request.

Account recovery is not guaranteed where SCALIBIT cannot reasonably establish Account ownership or authority or cannot complete security, fraud-prevention, legal, or compliance requirements applicable to the recovery request.

3.6 Account Ownership and Authority Disputes

SCALIBIT is not responsible for adjudicating private disputes concerning ownership, management, authority, or control of an Account or of the legal entity associated with an Account. Such disputes may include disagreements between shareholders, partners, directors, officers, employees, contractors, former representatives, successors, estates, or other persons claiming authority over the Account.

Where SCALIBIT reasonably becomes aware of a genuine dispute concerning Account ownership or authority, SCALIBIT may remain neutral and may temporarily restrict sensitive Account changes, Account transfers, recovery actions, cancellation requests, or other disputed actions where reasonably necessary to preserve Account security and avoid acting on conflicting claims.

In evaluating an Account ownership or authority dispute for Account-security and administrative purposes, SCALIBIT may consider reasonably available objective information, including Account history, verified contact information, billing and payment records, Support Ticket history, Account-access records, business-registration documents, authorization documents, government-issued identification, or other reasonably relevant evidence. No single factor, including control of a registered email address, payment of an invoice, possession of a payment method, possession of Server Administrative Access Information, or historical use of the Account, is necessarily determinative of legal ownership or authority.

SCALIBIT may require reasonable evidence of authority, a written agreement among the relevant claimants, appropriate organizational authorization, a binding court order, or another legally sufficient basis before acting on a disputed request. SCALIBIT’s consideration of information for Account-security or administrative purposes does not constitute a legal determination of ownership or superior rights between competing claimants.

An Account ownership or authority dispute does not suspend payment obligations for Services that remain active. Unless SCALIBIT expressly confirms otherwise, amounts due for active Services must continue to be paid in accordance with the Billing provisions of this Agreement.

3.7 Required Account Channels

For security, Account authentication, and Customer-verification purposes, requests concerning an existing Account or Service that require SCALIBIT to provide technical support, investigate or perform a Service-related action, make or process an Account change, or address a billing or payment matter must be submitted through a Support Ticket after the Customer signs in to the Client Area, unless this Agreement expressly provides another submission method. This includes, as applicable, server-access or reachability issues, network or routing issues, operating-system installation or reinstallation requests, hardware or Service troubleshooting, billing or invoice issues, payment-related requests or disputes, and other technical, Account, or Service matters requiring action by SCALIBIT.

Ordinary email, telephone, live chat, messaging applications, social media, or another external communication channel does not replace a required Support Ticket or other designated procedure and, by itself, does not authorize SCALIBIT to make a sensitive Account or Service change. SCALIBIT may direct a Customer who submits such a request through an external channel to resubmit the request through the Client Area or another procedure designated by SCALIBIT.

Prospective customers and persons who do not yet have an Account or Service may use the general inquiry or sales communication methods made available by SCALIBIT for pre-sales questions, quotations, availability inquiries, and other matters that do not require action on an existing Customer Account or Service. Abuse reports, copyright or intellectual-property notices, legal notices, and other submissions for which SCALIBIT provides a designated email address, form, or procedure may be submitted through the applicable designated method.

If a Customer cannot sign in to the Client Area and also cannot use the registered email address or another available Account-recovery method, the Customer may contact SCALIBIT at support@scalibit.com to initiate an Account-recovery request. Contact through that email address does not, by itself, establish Account ownership or authority and does not require SCALIBIT to make an Account change or restore Client Area access. SCALIBIT may require the Customer to complete the verification and recovery procedures described in Section 3.5 before taking any recovery-related action.

The availability of general sales, billing, support, email, or other communication channels does not alter or replace any specialized procedure or submission method expressly required by this Agreement. This includes procedures for cancellation, Account recovery, sensitive Account changes, legal notices, copyright or intellectual-property notices, abuse or security submissions, and any other action that must be submitted through a designated Client Area function, Support Ticket, email address, form, or other specified method.

3.8 Communications and Personnel Safety

The Customer and its Authorized Users must not make credible threats of violence, engage in unlawful harassment, or repeatedly engage in seriously abusive conduct directed at SCALIBIT personnel in a manner that materially threatens safety or substantially interferes with support, security, or ordinary business operations.

Where reasonably necessary to protect personnel or maintain safe and orderly operations, SCALIBIT may require communications to occur through designated written channels, limit direct contact with particular personnel, or take protective action permitted under Section 19 in serious or repeated circumstances.

Mere disagreement, criticism, negative feedback, complaints, escalation of a legitimate issue, or a good-faith billing, legal, or Service dispute does not, by itself, constitute prohibited harassment or abusive conduct under this Section.

4. ORDERS; SERVICE ORDERS & PROVISIONING

4.1 Order Submission and Acceptance

The Customer may select or request a Dedicated Server or GPU Server offered by SCALIBIT through the SCALIBIT website, Client Area, quotation process, or another ordering method made available by SCALIBIT and, where applicable, select or agree to the configuration, options, Service Location, billing term, and other characteristics applicable to the requested Service. Submission of an order constitutes a request by the Customer to order the selected Service and does not, by itself, constitute acceptance of the order by SCALIBIT.

Submission of a Service Order generates an invoice for the ordered Service, and the Customer must complete payment using an available payment method. Payment of the invoice, confirmation or authorization of the payment, or any automated acknowledgment that the order or payment has been received does not, by itself, constitute acceptance of the Service Order by SCALIBIT.

Before accepting a Service Order, SCALIBIT may review the order for availability of the requested server and configuration, capacity, payment authorization, fraud prevention, security, verification, legal or regulatory compliance, and other legitimate business or operational purposes. SCALIBIT may request verification in accordance with Section 2 and may decline an order before acceptance where the requested Service or configuration is unavailable or cannot reasonably be provided, or where SCALIBIT reasonably determines that the order should not be accepted for a legitimate business, technical, security, payment, fraud-prevention, legal, or compliance reason.

After completing its review, SCALIBIT may accept the Service Order and proceed with provisioning of the ordered Service. A Service Order becomes binding upon acceptance by SCALIBIT. Provisioning and delivery of the Service are governed by Section 4.3.

Acceptance of one Service Order does not obligate SCALIBIT to accept any future Service Order, upgrade, additional server, additional Network Resource, configuration change, or other request.

4.2 Service Availability and Requested Configuration

All Service Orders are subject to the availability of the hardware, GPU resources, storage, memory, network capacity, power capacity, Service Location, Network Resources, licenses, options, and other resources required to provide the requested Service.

Availability displayed on the SCALIBIT website, Client Area, an ordering interface, quotation, inventory listing, or other communication reflects availability when stated or displayed and does not guarantee that the requested server, configuration, or other resource will remain available until the Service Order is accepted.

The hardware configuration, Service Location, billing term, price, and other Service-specific characteristics applicable to an accepted Service Order are those identified in that Service Order, subject to the provisions of this Agreement governing hardware replacement, maintenance, Network Resources, Service changes, software or license availability, and other circumstances expressly addressed elsewhere in this Agreement.

If the exact configuration requested by the Customer is unavailable before acceptance, SCALIBIT may offer a different hardware configuration, component, model, generation, Service Location, or other alternative. The Customer is not required to accept any alternative. Any material difference in configuration, Service Location, price, or billing term will be communicated before the alternative Service Order becomes binding.

If the Customer accepts an alternative Service with a different configuration, price, or billing term, the revised configuration, price, and terms applicable to that alternative Service will apply. If the alternative Service has a higher price than the originally requested Service, the Customer must pay any additional amount required for the alternative Service before it is provisioned. The Customer is not entitled to receive the higher-priced alternative at the lower price of the originally requested Service unless SCALIBIT expressly agrees otherwise.

4.3 Provisioning

After a Service Order is accepted, SCALIBIT will prepare and provision the ordered Dedicated Server or GPU Server in accordance with the configuration, options, Service Location, and other Service-specific characteristics identified in the applicable Service Order. Where operating-system installation is selected by the Customer as part of the Service Order, SCALIBIT will install the selected operating system and complete the initial IP and network configuration necessary to make the server accessible to the Customer. Where a self-install or no-installation option is selected, the Customer is responsible for installing and configuring the operating system and Server Environment in accordance with the applicable provisions of this Agreement.

Provisioning may include preparation of the physical server, assignment of the applicable IPv4 and IPv6 addresses and other Network Resources, and other initial technical actions reasonably necessary to make the ordered Service available to the Customer.

A provisioning or delivery time stated on the SCALIBIT website, in a quotation, during the ordering process, or in another communication is an estimate unless SCALIBIT expressly identifies it as a binding delivery commitment in the applicable Service Order. Provisioning time may vary according to the requested configuration, Service Location, required technical work, verification requirements, and other circumstances reasonably affecting delivery of the Service.

A Service is considered provisioned when the ordered Dedicated Server or GPU Server has been prepared and made available for the Customer’s use and SCALIBIT has provided the Customer with the applicable initial Server Administrative Access Information and other information reasonably necessary to access the Service.

Provisioning of a Service does not constitute SCALIBIT’s approval, certification, review, or endorsement of the Customer’s intended use, Server Environment, software, applications, workloads, Customer Content, End Users, or business activities.

4.4 Additional Services, Upgrades and Changes

The Customer may request additional Dedicated Servers or GPU Servers, hardware components or configuration changes, additional IPv4 or IPv6 addresses and other Network Resources, network-port speed or bandwidth upgrades, software licenses, options, upgrades, or other available Service changes through the Client Area, Support Ticket, or another ordering method made available by SCALIBIT. A request for another Dedicated Server or GPU Server, whether at the same or a different Service Location, constitutes a separate Service Order and is subject to the applicable ordering, acceptance, payment, and provisioning provisions of this Agreement.

A request for an additional resource, upgrade, or change is subject to availability, technical feasibility, compatibility with the applicable Service, applicable pricing, and any other terms applicable to the requested change. SCALIBIT is not required to provide an additional resource, upgrade, option, or configuration that is unavailable, technically infeasible, or incompatible with the applicable Service.

Where technically feasible, a Customer-requested hardware upgrade or configuration change may be performed on the existing physical server, including the addition, replacement, or modification of memory, storage devices, or other available hardware components. If the requested change cannot reasonably be performed on the existing physical server, or if a different hardware platform is required to provide the requested configuration, SCALIBIT may offer an alternative server or configuration capable of supporting the requested resources or characteristics. The Customer is not required to accept an alternative server or configuration.

Where an accepted change modifies the price, billing term, hardware configuration, IPv4 or IPv6 address allocation, other Network Resources, network-port speed, bandwidth allocation, software license, option, or another material characteristic of the Service, the revised characteristics, price, and applicable terms will apply from the effective date of the change. Any additional one-time or recurring charges applicable to the requested change or alternative configuration will be communicated to the Customer before the change becomes binding and are governed by the applicable Service Order and the Billing provisions of this Agreement.

If a Customer-requested upgrade or change requires the existing physical server to be replaced with another server, the Customer is responsible for migrating, reinstalling, reconfiguring, or otherwise re-establishing Customer Content and any Customer-controlled software, applications, systems, services, databases, models, datasets, workloads, configurations, licenses, keys, data, and other materials required for the replacement Server Environment. Migration, reinstallation, or reconfiguration of Customer-controlled software, applications, systems, Customer Content, or other components between servers is not included as part of the unmanaged Service. The Customer is responsible for maintaining appropriate backups and for completing any required migration before the existing server is deprovisioned or otherwise becomes unavailable, subject to the applicable backup, data-loss, provisioning, and termination provisions of this Agreement.

4.5 Orders SCALIBIT Cannot Accept or Provision

If SCALIBIT declines an order before acceptance, or determines that an accepted Service Order cannot reasonably be provisioned as ordered, SCALIBIT may cancel the affected order or offer the Customer an available alternative.

Where SCALIBIT cannot provide an accepted Service and the Customer does not accept an available alternative, amounts paid to SCALIBIT specifically for the affected unprovided Service will be handled in accordance with the Billing and Refund provisions of this Agreement. SCALIBIT will not retain Service fees for a Service that SCALIBIT does not provide, except for any separate charge that was expressly identified as non-refundable and was properly incurred for a separately supplied product, license, procurement, or other item.

Once a Service has been provisioned, a Customer-requested cancellation, downgrade, termination, or refund is governed by the applicable Billing, Refund, Cancellation, and Termination provisions of this Agreement rather than this Section.

4.6 Errors, Omissions and Pricing Discrepancies

SCALIBIT may correct typographical, clerical, technical, specification, inventory, configuration, pricing, billing-term, discount, promotional, licensing, setup-charge, or other errors or omissions appearing on the SCALIBIT website, Client Area, product listings, quotations, invoices, ordering interfaces, or other Service-related materials.

A manifest or material error affecting the price, billing term, hardware or Service configuration, Network Resources, network capacity, software or third-party license, setup or installation charge, discount, promotion, availability statement, or other material Service characteristic does not create a right to receive the affected Service on the erroneous terms merely because an order was submitted, an invoice was generated, or payment was initiated or received.

If SCALIBIT discovers a material pricing, billing-term, configuration, licensing, charge, or other order error before the affected Service has been provisioned, SCALIBIT may correct the error and notify the Customer of the corrected terms. If the corrected amount is greater than the amount already paid, SCALIBIT may require payment of the difference before provisioning the affected Service. If the Customer does not accept the corrected terms or does not pay the required difference, the affected order may be cancelled and amounts paid to SCALIBIT specifically for the unprovided Service will be refunded or credited in accordance with Section 18.

If correction of an error results in the Customer having paid more than the corrected amount properly due for the affected Service, the excess amount will be applied as a credit to the Customer’s Account, unless a refund is required under applicable law or otherwise provided under Section 18.

If a material error is discovered after provisioning has begun or after the Service has been provisioned, SCALIBIT may notify the Customer and propose corrected commercial or technical terms, require payment of an applicable underpayment resulting from a manifest or material error, or offer another reasonable solution appropriate to the circumstances. SCALIBIT is not required to continue providing a Service indefinitely on terms resulting from a manifest pricing, billing-term, specification, configuration, licensing, charge, or other material error. Any resulting suspension, cancellation, termination, refund, credit, or other billing treatment remains subject to the applicable provisions of this Agreement.

Nothing in this Section permits SCALIBIT to characterize an ordinary change in market price, business judgment, increased supplier cost, or later commercial preference as a prior pricing error. Pricing changes that are not corrections of an actual error are governed by Section 17.

5. CUSTOMER ADMINISTRATION & SECURITY

5.1 Administration and Control of the Server Environment

All Dedicated Server and GPU Server Services are provided on an unmanaged basis. Except for provisioning and Technical Support expressly provided under this Agreement, the Customer is responsible for the administration, operation, configuration, maintenance, and security of the Server Environment and for all use of the Service through the Server Environment. This responsibility extends to the entire Server Environment, including all Customer-installed or Customer-controlled operating systems, software, applications, systems, services, databases, websites, configurations, accounts, access controls, models, datasets, workloads, and Customer Content installed, deployed, configured, stored, processed, or operated within or through the Server Environment.

The Customer has administrative control over the Server Environment and is responsible for operating and managing it in accordance with this Agreement. SCALIBIT does not act as the Customer’s system administrator, application administrator, security administrator, database administrator, website administrator, email administrator, or workload administrator.

The Customer is solely responsible for determining how the Server Environment is configured and used, which software, applications, systems, services, and other components are installed, deployed, configured, or enabled, which ports and network services are exposed, which persons or systems are permitted access, and which models, datasets, workloads, and Customer Content are stored, processed, operated, or otherwise used through the Service.

The Customer must not use the Server Environment in violation of this Agreement, the Acceptable Use Policy, applicable incorporated policies, or applicable law and must administer, maintain, and secure the Server Environment in accordance with the responsibilities established by this Section. The specific requirements concerning server security, Customer-selected software and configurations, updates and vulnerabilities, compromised systems, and third-party access are set out in Sections 5.2 through 5.6.

5.2 Server Security

Without limiting the responsibilities set out in Section 5.1, the Customer is responsible for protecting the Server Environment against unauthorized access, use, control, or compromise and for securing all Server Administrative Access Information and access methods under the Customer’s control. The Customer must implement and maintain the security measures necessary to restrict administrative and other privileged access to authorized persons and systems and to protect passwords, SSH keys and other private keys, authentication information, remote-access methods, and other security-sensitive access information against unauthorized use, disclosure, loss, or compromise. Passwords used for administrative or other privileged access must be appropriately strong and unique and must not be shared with unauthorized persons.

The Customer is responsible for securely configuring and controlling SSH, RDP, control-panel access, remote-management services, firewalls, network-access rules, and other administrative or remote-access methods within the Server Environment. The Customer must review and control ports and network services exposed through the Server Environment, restrict or disable unnecessary access and services, and configure firewall and access-control rules appropriate to the services that are intentionally made available. Administrative interfaces and control panels that support multi-factor authentication must have appropriate multi-factor authentication enabled for privileged access.

The Customer must securely configure and harden the operating system, kernel, drivers, control panels, content-management systems, web server software, mail server software, billing and automation software, virtualization or hypervisor software, container and orchestration software, security software, remote-access software, authentication components, applications, databases, APIs, services, runtimes, toolkits, AI or machine-learning software, frameworks, libraries, packages, dependencies, scripts, plugins, themes, extensions, modules, and all other Customer-installed or Customer-controlled software, systems, services, components, and configurations within the Server Environment, and must maintain them with applicable security updates and patches made available for them. Unsupported, end-of-life, vulnerable, or otherwise insecure software, systems, services, components, or configurations must be upgraded, replaced, removed, disabled, reconfigured, or otherwise secured where their continued use would create a material security risk.

The Customer is responsible for the security and authorization of user accounts, administrator accounts, applications, APIs, automated processes, SSH keys, remote-access methods, authentication systems, and other means under the Customer’s control through which the Server Environment may be accessed or operated. Access permissions and privileges must be limited to those required for their intended purpose and must be revoked, disabled, or changed when no longer required or when a person or system is no longer authorized to use them.

If Server Administrative Access Information, an SSH key, password, administrator account, authentication method, or another Customer-controlled access method is lost, disclosed, compromised, or reasonably suspected of compromise, the Customer must promptly change, revoke, replace, disable, or otherwise secure the affected access information, account, key, or access method and take the necessary steps to prevent further unauthorized access to or use of the Server Environment.

SCALIBIT does not monitor the Server Environment for vulnerabilities, insecure configurations, exposed ports or services, firewall configuration, missing security updates or patches, outdated or unsupported software, malware, unauthorized access, compromised accounts or access methods, or other security conditions within the Server Environment. SCALIBIT does not assume responsibility for identifying, monitoring, correcting, or notifying the Customer of such conditions on the Customer’s behalf.

5.3 Customer-Selected Operating Systems, Software, Applications and Configurations

Operating systems and other software, applications, systems, services, components, configurations, models, datasets, workloads, and all other elements of the Server Environment selected, requested, installed, deployed, configured, enabled, stored, processed, operated, or otherwise used by or on behalf of the Customer are under the Customer’s control and responsibility within the Server Environment.

These responsibilities apply whether an operating system or other software is initially installed by SCALIBIT at the Customer’s request as part of provisioning, independently installed by or on behalf of the Customer, or subsequently replaced, modified, upgraded, or reinstalled by the Customer. Except for a specific provisioning or Technical Support action expressly provided under this Agreement, SCALIBIT’s installation of an operating system or other software at the Customer’s request, or the availability of an operating system or other software as an installation option, does not transfer responsibility for its ongoing administration, configuration, maintenance, updating, patching, security, compatibility, or operation to SCALIBIT.

The Customer is responsible for determining whether Customer-selected software, applications, models, datasets, workloads, configurations, and other components are suitable for the Customer’s intended use, secure where applicable, compatible with the hardware, operating system, network configuration, software environment, and other characteristics of the applicable Service, and properly configured and maintained where such requirements apply.

The ability to install, deploy, execute, configure, host, store, process, transmit, or otherwise use particular software, applications, models, datasets, workloads, or other components through a Dedicated Server or GPU Server does not constitute approval, certification, testing, endorsement, or a representation by SCALIBIT that any such software, application, model, dataset, workload, or other component is secure, compatible, lawful, properly licensed or otherwise authorized, supported, or suitable for the Customer’s intended use.

Specific requirements concerning operating systems, third-party software and licenses, vendor support, end-of-life or unsupported software, optional software components, Customer-provided software and licenses, and related software-lifecycle and licensing matters are governed by Section 13.

5.4 Updates, Patches and Vulnerabilities

The Customer is responsible for monitoring and reviewing security, update, and lifecycle information made available by the applicable vendors, developers, maintainers, projects, or other authoritative sources for operating systems, kernels, drivers, control panels, content-management systems, web server software, mail server software, billing and automation software, virtualization or hypervisor software, container and orchestration software, security software, applications, databases, APIs, services, runtimes, toolkits, AI or machine-learning software, frameworks, libraries, packages, dependencies, scripts, plugins, themes, extensions, modules, and other Customer-installed or Customer-controlled software or components operated within the Server Environment. The Customer must promptly address known security vulnerabilities and other material security weaknesses by applying available security updates or patches, correcting affected configurations, upgrading, replacing, disabling, removing, or otherwise securing the affected software or component as appropriate.

Where the Customer installs or continues to operate an operating system, kernel, driver, control panel, content-management system, web server software, mail server software, billing or automation software, virtualization or hypervisor software, container or orchestration software, security software, application, database, API, service, runtime, toolkit, AI or machine-learning software, framework, library, package, dependency, script, plugin, theme, extension, module, or other Customer-installed or Customer-controlled software or component that is end-of-life, end-of-support, no longer receives security updates, or is otherwise unsupported by its vendor, developer, project, or maintainer, the Customer remains responsible for the security, compatibility, maintenance, and operational risks associated with its continued use and for taking any remediation required under this Agreement. Additional requirements concerning end-of-life and unsupported operating systems and software are governed by Section 13.

SCALIBIT does not provide vulnerability management, patch management, application-security monitoring, malware removal, software-update management, or ongoing security administration for the Server Environment. SCALIBIT is not required to monitor third-party security advisories, vulnerability databases, vendor notices, update channels, software repositories, or other sources on the Customer’s behalf and has no general obligation to notify the Customer of vulnerabilities, security advisories, software updates, vendor notices, end-of-life announcements, or other issues affecting Customer-controlled software or components.

Any security advisory, vulnerability notice, technical recommendation, or other information that SCALIBIT may provide in connection with a particular incident, Support Ticket, abuse report, or other circumstance does not create an ongoing monitoring, vulnerability-management, patch-management, software-update, or notification obligation for SCALIBIT.

Security conditions arising from Customer-selected or Customer-controlled software and configurations, including known or newly discovered vulnerabilities, insecure defaults, unsupported configurations, software defects, compromised packages or dependencies, missing updates, and other security weaknesses within the Server Environment, remain within the Customer’s operational responsibility.

5.5 Compromised Systems and Unauthorized Activity

If the Customer becomes aware of or reasonably suspects that a Service, Server Environment, application, account, access method, or other Customer-controlled system has been compromised or is being used without authorization, the Customer must promptly take the measures necessary to secure and contain the affected system, stop unauthorized or harmful activity, identify and remediate the underlying condition, and prevent continued or recurring unauthorized use.

Depending on the circumstances, such measures may include changing or revoking affected Server Administrative Access Information, passwords, SSH keys, authentication information, or other access methods; disabling compromised accounts, applications, or services; isolating affected systems; correcting vulnerable or insecure configurations; removing malicious software; applying security updates or patches; restricting network access; or reinstalling the operating system or reprovisioning the affected Service where necessary to restore the Server Environment to a secure condition.

The Customer’s contractual responsibility for activity resulting from unauthorized access, system compromise, malware, exploitation, compromised software or accounts, stolen or misused Server Administrative Access Information, or other unauthorized third-party activity is governed by Section 1.3.

If a compromise or security incident materially affects or threatens SCALIBIT systems or networks, assigned Network Resources, another Customer, or another third party, the Customer must promptly notify SCALIBIT through a Support Ticket or another security or abuse reporting method designated by SCALIBIT and cooperate with technical or operational measures necessary to contain or remediate the resulting impact. Any restriction, filtering, blocking, rate limiting, null-routing, suspension, termination, or other protective or enforcement action is governed by Sections 15 and 19.

5.6 Customer Responsibility for Third-Party Access

This Section concerns access to the Server Environment and does not govern Authorized User access to the Customer’s Account or Client Area, which is governed by Section 3.

The Customer is responsible for access to the Server Environment granted or otherwise made available by the Customer to employees, contractors, administrators, developers, End Users, customers, applications, automated systems, or other persons or systems. The Customer is responsible for determining the scope and duration of such access and for ensuring that administrative and other privileged access is limited to persons and systems that remain authorized to use it.

The Customer must promptly revoke, disable, restrict, or change Server Administrative Access Information, user accounts, administrator accounts, SSH keys, API access, authentication information, permissions, or other Customer-controlled access methods when the applicable access is no longer authorized or required. SCALIBIT does not administer, audit, approve, or revoke Customer-controlled access to the Server Environment on the Customer’s behalf and is not responsible for determining whether a person or system granted such access by the Customer remains authorized to use it.

The contractual responsibility established in Section 1.3 for use of and activity occurring through or in connection with the Services, the Server Environment, and any IPv4 address, IPv6 address, subnet, or other Network Resource assigned to or used with the Services applies to third-party and Customer-authorized access and use.

6. TECHNICAL SUPPORT

6.1 Technical Support Scope

SCALIBIT provides technical support for Service-related issues affecting Dedicated Servers and GPU Servers. The unmanaged nature of the Services does not limit the Customer to hardware-only support and does not mean that technical assistance is unavailable. SCALIBIT support is intended to assist with identifying, troubleshooting, and resolving technical issues relating to the delivery, connectivity, accessibility, and operation of the Service within SCALIBIT’s support scope.

Technical support may include matters involving Service provisioning, physical server hardware, power, storage-device or hardware availability, network connectivity, routing, gateways, IPv4 and IPv6 addresses and other Network Resources, reverse DNS, network-interface configuration, remote-console or out-of-band management access where available for the applicable Service, server reachability, SSH or RDP connectivity, boot or access conditions, operating-system accessibility, operating-system installation or reinstallation requested by the Customer, and technical conditions arising from hardware, network, or Service changes.

Where the cause of a reported issue is not immediately apparent, SCALIBIT may investigate the Service-related technical conditions reasonably necessary to determine whether the issue concerns physical hardware, server power, facility or utility power, network connectivity, routing, upstream network connectivity, carrier, transit, peering or interconnection services, Network Resources, server reachability, operating-system accessibility, or another technical component or infrastructure condition within SCALIBIT’s support scope. Where an issue involves facility systems, utility power, hardware, carrier or network infrastructure, upstream connectivity, routing, transit, peering, interconnection, or other infrastructure operated or provided by an Upstream Provider or another infrastructure provider, SCALIBIT may perform or coordinate the Service-related technical actions reasonably necessary to investigate, isolate, or address the issue.

6.2 Customer-Managed Software and Workloads

Depending on the applicable Service, Service Location, hardware capabilities, available installation methods, licensing availability, and the options offered in the applicable Service Order, the Customer may select or request installation of an available operating system and may also select or request installation of an available control panel, licensed software product, third-party software package, GPU software component, or other optional software or installation package offered by SCALIBIT. An installation option may be included with the Service, subject to a one-time setup or installation fee, subject to a separate license fee, or otherwise priced as stated in the applicable Service Order.

Where an installation is selected or requested by the Customer and accepted as part of the applicable Service Order, SCALIBIT may perform the initial installation of the identified operating system, control panel, software product, software package, GPU software component, or other installation package. Such installation is limited to installing the applicable software or component and, where expressly included with the applicable installation option, performing basic technical validation reasonably necessary to confirm that the installation was completed or that the installed component is technically available for its intended hardware environment.

Installation by SCALIBIT does not include Customer-specific configuration, completion of post-installation setup or configuration procedures, account creation or configuration within the installed software, application or workload configuration, administration, security configuration, hardening, updating, upgrading, patching, maintenance, troubleshooting, debugging, performance tuning, optimization, monitoring, backup configuration, data migration, integration with other Customer systems, or management of the installed operating system, control panel, software, component, or resulting Server Environment. The Customer is responsible for completing all configuration, setup, activation, account, security, application, workload, and other post-installation procedures required for the Customer’s intended use.

The Customer responsibilities described in this Section apply regardless of whether an operating system, control panel, licensed software product, third-party software package, driver, toolkit, framework, runtime, GPU software component, or other software or component was installed or made available by SCALIBIT at the Customer’s selection or request. Installation or availability of any such software or component through SCALIBIT does not transfer responsibility for its configuration, administration, security, maintenance, updating, upgrading, patching, troubleshooting, compatibility, licensing compliance, or operation from the Customer to SCALIBIT.

Following installation or provisioning, the Customer is responsible for the configuration, administration, security, maintenance, updating, troubleshooting, compatibility, and operation of the operating system and all Customer-installed or Customer-controlled elements of the Server Environment, including operating-system configurations, kernels, drivers, control panels, content-management systems, web server software, mail server software, database software, billing and automation software, virtualization or hypervisor software, container and orchestration software, applications, APIs, services, security software, monitoring software, backup software, scripts, plugins, themes, extensions, modules, packages, dependencies, frameworks, libraries, runtimes, toolkits, and other third-party or Customer-provided software and components.

SCALIBIT does not provide configuration, administration, maintenance, updating, upgrading, patching, troubleshooting, debugging, repair, security management, vulnerability management, malware removal or cleanup, performance engineering, optimization, monitoring, or technical support for Customer-installed or Customer-controlled software or components merely because SCALIBIT performed their initial installation or made them available with the Service.

Third-party software, including licensed control panels, operating-system extensions, web-server software, security software, and other third-party products, may be subject to separate license, support, maintenance, update, and end-of-life terms established by the applicable software publisher, vendor, licensor, or other third-party provider. Where technical support for such third-party software is available from its publisher, vendor, licensor, or other provider, the Customer is responsible for obtaining and using that support directly in accordance with the applicable third-party terms. SCALIBIT’s installation or provision of a license or software product does not make SCALIBIT the technical-support provider for that third-party software.

For GPU Servers, the Customer is responsible for the configuration, administration, security, maintenance, updating, troubleshooting, compatibility, and operation of GPU drivers, GPU-computing toolkits, container runtimes and toolkits, libraries, runtimes, AI or machine-learning software, training, inference or model-serving software, frameworks, packages, dependencies, models, datasets, workloads, applications, configurations, and other software, data, or components used for GPU-accelerated computing. These responsibilities apply regardless of whether a GPU driver, toolkit, container environment, AI or machine-learning environment, framework, runtime, or other GPU-related software component was installed or made available by SCALIBIT at the Customer’s selection or request. SCALIBIT’s installation or basic validation of such a component does not include or create an obligation to configure, administer, maintain, update, patch, secure, troubleshoot, debug, optimize, monitor, or otherwise manage the component, the Customer’s AI or machine-learning environment, models, datasets, applications, workloads, or resulting GPU software environment.

SCALIBIT may generate or provide initial Server Administrative Access Information as part of Service provisioning. The Customer must promptly change or replace any such initial Server Administrative Access Information after provisioning. Thereafter, the Customer is responsible for establishing, changing, replacing, preserving, securing, and managing all Server Administrative Access Information and administrative access methods within the Server Environment, including root or Administrator access, SSH and RDP services, administrative and service accounts, passwords, keys, tokens, authentication methods, access-control rules, and firewalls or firewall rules within the Server Environment. The Customer is responsible for the security and use of such access information and methods and for any subsequent administrative accounts or access methods established within the Server Environment. Limited access-recovery assistance or Customer-authorized technical changes expressly provided under Sections 6.4 through 6.8 do not transfer those responsibilities to SCALIBIT.

SCALIBIT is not responsible for correcting errors, defects, incompatibilities, failed updates, failed installations performed by the Customer or third parties, configuration problems, security weaknesses, application failures, or operational problems arising from Customer-installed or Customer-controlled software, applications, systems, services, components, configurations, models, datasets, or workloads. This includes problems involving Customer-controlled mail servers or mail systems, including email sending or receiving, message delivery or acceptance, mail queues, relay configuration, authentication, filtering, spam or malware filtering, mailbox configuration, mail-server configuration, or other email-related functionality arising from Customer-installed or Customer-controlled software, services, or configurations.

SCALIBIT is likewise not responsible for configuring, administering, maintaining, troubleshooting, repairing, migrating, backing up, restoring, or otherwise managing Customer-installed or Customer-controlled virtualization or hypervisor environments, virtual machines, guest operating systems, virtual disks, snapshots, templates, images, virtual networks, bridges, virtual switches, clusters, nodes, containers, or other virtualized systems or resources created or operated within the Server Environment. The Customer is responsible for provisioning, configuring, securing, operating, monitoring, updating, migrating, backing up, restoring, and troubleshooting any virtual machines, virtual servers, containers, or other downstream services that the Customer creates, provides, leases, resells, or makes available to its End Users.

SCALIBIT may provide general technical information or guidance where appropriate, but such assistance does not create an obligation to install, configure, administer, maintain, update, upgrade, patch, secure, repair, troubleshoot, debug, optimize, migrate, restore, or manage any Customer-installed or Customer-controlled element of the Server Environment, including software, applications, services, control panels, databases, websites, email systems, virtualization or hypervisor environments, virtual machines, containers, GPU software environments, models, datasets, workloads, or other Customer-controlled systems or components. The fact that an issue is reported in connection with a Customer-installed or Customer-controlled application, service, system, virtual machine, container, workload, or other element of the Server Environment does not, by itself, place the underlying issue outside SCALIBIT’s Technical Support scope. SCALIBIT may investigate whether the underlying condition arises from physical server hardware, power, network connectivity, routing, Network Resources, server reachability, operating-system accessibility, or another Service-related technical condition within SCALIBIT’s support scope.

SCALIBIT does not provide backup, restoration, data recovery, migration, cloning, replication, archival, transfer, or similar data-protection or data-movement services for the Server Environment or Customer Content. The Customer is solely responsible for creating, maintaining, testing, verifying, securing, and retaining all backups and other copies necessary to protect and recover the Server Environment and Customer Content and for ensuring that such backups are stored independently of the affected Service where appropriate. The Customer is also solely responsible for restoring, rebuilding, migrating, cloning, replicating, or transferring the Server Environment, Customer Content, software, applications, databases, websites, email systems and data, virtual machines, virtual disks, snapshots, containers, models, datasets, workloads, configurations, and any other Customer-installed or Customer-controlled systems, data, or environments. These responsibilities apply to the Server Environment and Customer Content as a whole and are not limited to the particular systems, software, data, or examples identified in this Section. Backup, restoration, recovery, migration, and data-loss responsibilities are further governed by Section 12.

The fact that a reported issue occurs while the Customer is using an operating system, control panel, application, website, database, GPU software environment, model, dataset, workload, or other Customer-controlled component does not, by itself, place the underlying issue outside SCALIBIT’s Technical Support scope. SCALIBIT may assist in determining whether the reported condition originates from the Service, physical hardware, network connectivity, routing, Network Resources, server accessibility, operating-system accessibility, or another Service-related technical condition within SCALIBIT’s support scope.

If the reported condition is determined to arise from a Customer-installed or Customer-controlled component of the Server Environment, the Customer remains responsible for correcting or managing that component. Unless SCALIBIT performs a limited Customer-authorized technical action expressly permitted under Section 6.7, the Customer remains responsible for determining whether and how to implement any general technical information or guidance provided by SCALIBIT within the Server Environment.

6.3 Customer Content and Support

Technical support is directed to the reported Service-related technical condition and does not include access to, inspection of, searching of, review of, analysis of, classification of, moderation of, or administration of Customer Content within the Server Environment. SCALIBIT does not troubleshoot, diagnose, or resolve a Service-related technical issue by examining the substance of Customer files, databases, communications, websites, application data, datasets, models, workloads, or other Customer Content within the Server Environment.

Service-level technical actions such as checking physical hardware, power status, network connectivity, routing, assigned Network Resources, reverse DNS, server reachability, remote-console or out-of-band management information, or performing a Customer-requested operating-system installation or reinstallation do not constitute access to or inspection of Customer Content.

Where the Customer expressly authorizes temporary administrative access for a specific Support Ticket under Sections 6.6 and 6.7, SCALIBIT may access only the portions of the Server Environment and technical configuration reasonably necessary to investigate or perform the authorized technical-support task. Such temporary access does not authorize SCALIBIT to access, inspect, search, review, copy, analyze, classify, moderate, or administer Customer Content.

Incidental visibility of operating-system messages, process names, service names, configuration paths, system-status information, error messages, command output, or similar technical information encountered while performing the authorized support task does not constitute inspection, review, analysis, moderation, or administration of Customer Content and does not create a right for SCALIBIT to examine Customer files, database contents, communications, application data, datasets, models, or workloads.

Nothing in this Section prevents the Customer from voluntarily including in a Support Ticket limited technical information or excerpts reasonably relevant to the reported issue, such as error messages, log excerpts, configuration excerpts, command output, diagnostic information, or screenshots. A copy or excerpt voluntarily submitted directly to SCALIBIT through a Support Ticket may be reviewed and used by SCALIBIT for the purpose of handling that Support Ticket and may form part of SCALIBIT’s support records in accordance with this Agreement and the Privacy Notice. Submission of such limited technical information or excerpts does not authorize SCALIBIT to access, inspect, search, review, analyze, or administer other Customer Content within the Server Environment. The Customer should limit such submissions to information reasonably necessary for the applicable support request and should not provide unrelated or unnecessary substantive Customer Content.

6.4 Operating-System Installation, Reinstallation and Access Recovery

The Customer may select or request installation or reinstallation by SCALIBIT of an operating system offered for the applicable Service. SCALIBIT may perform the requested installation or reinstallation using an installation method available for the applicable Service.

Where supported by the applicable server hardware and Service Location and where remote-console or out-of-band management access is available for the Service, the Customer may elect not to have SCALIBIT install an operating system and may instead perform the operating-system installation through the applicable remote-console or out-of-band management method. In that case, the Customer is responsible for selecting, obtaining where necessary, installing, configuring, securing, licensing, updating, maintaining, troubleshooting, and operating the operating system and any other software installed by the Customer. Remote-console or out-of-band management access and Customer-managed operating-system installation may not be available for every server, hardware platform, or Service Location.

At the Customer’s selection or request, SCALIBIT may install or reinstall an operating system for the applicable Service. Any operating-system installation or reinstallation performed by SCALIBIT is limited to installation or reinstallation of the operating system itself. It does not include post-installation setup or configuration, system administration, security configuration or hardening, software configuration, application installation or configuration, workload configuration, updating, upgrading, patching, maintenance, troubleshooting, debugging, monitoring, optimization, or management of the resulting Server Environment. Following installation or reinstallation, the Customer is responsible for configuring, administering, securing, maintaining, updating, troubleshooting, and operating the Server Environment as provided in Sections 1, 5, and 6.2.

At the Customer’s request or authorization, an operating-system reinstallation, reimaging, storage initialization, reprovisioning, or similar destructive procedure will erase, overwrite, or otherwise destroy existing data and configurations on the storage devices included in the procedure. The Customer must treat every such operation as destructive and must assume that existing Customer Content, software, configurations, accounts, applications, databases, virtual machines, and other data stored on the affected storage devices will not remain available or recoverable after the operation. The Customer is solely responsible for creating and verifying all required independent backups before requesting or authorizing any such operation. SCALIBIT does not preserve, back up, restore, or recover data or configurations as part of an operating-system reinstallation, reimaging, storage initialization, reprovisioning, or similar procedure. Backup, data-loss, and destructive-operation responsibilities are governed by Section 12.

Where a Customer reports that a server is unreachable or administrative access is unavailable, SCALIBIT may investigate Service-related causes such as power state, physical hardware, network connectivity, routing, assigned Network Resources, network restrictions, server reachability, operating-system accessibility, or other technical conditions within SCALIBIT’s support scope.

SCALIBIT cannot provide or reproduce a Customer-controlled password, private SSH key, encryption passphrase, authentication secret, or other secret Server Administrative Access Information that SCALIBIT does not possess. Depending on the operating system, configuration, encryption method, hardware platform, and recovery mechanisms available for the affected Service, SCALIBIT may provide or coordinate limited rescue, console, password-reset, boot-recovery, or other server-access assistance on a best-effort basis without recovering the original lost secret.

SCALIBIT may require reasonable Account, ownership, authority, or security verification under Section 2 before performing or coordinating an administrative-access reset or another sensitive recovery action. Availability of a particular recovery method is not guaranteed, and recovery assistance does not guarantee restoration of administrative access, preservation of the existing Server Environment, or preservation of Customer Content.

Where administrative access cannot reasonably be restored through an available non-destructive recovery method, recovery may require operating-system reinstallation, reimaging, reprovisioning, storage initialization, or another destructive procedure. SCALIBIT will not perform such a Customer-requested destructive recovery procedure without authorization sufficient under this Agreement. Such procedures may permanently delete, overwrite, destroy, or render Customer Content unrecoverable and are governed by Section 12.

6.5 Physical Hardware, Network and Facility-Level Support

SCALIBIT may perform or coordinate technical actions involving physical server hardware, power operations, hardware diagnostics or replacement, network ports, cabling, network connectivity, routing, Network Resources, remote-console or out-of-band management functions, and other physical, network, or facility-level components used to provide the Service. Such infrastructure-level actions do not, by themselves, require administrative access to the Customer’s Server Environment.

Hardware, power, network, routing, DDoS-mitigation, Network Resource, remote-console, out-of-band management, and other infrastructure-level issues may be investigated or addressed without obtaining the Customer’s current root password, Administrator password, private SSH key, or other current Server Administrative Access Information. The ability of SCALIBIT or an Upstream Provider to perform or coordinate physical-hardware, power, network, routing, remote-console, out-of-band management, remote-hands, or other infrastructure-level actions does not mean that SCALIBIT possesses or controls the Customer’s current operating-system administrative access information.

Where resolution of a technical issue requires physical intervention, replacement hardware, facility access, network-operator action, remote-hands work, or coordination with an Upstream Provider or other infrastructure provider, the time required to complete the applicable action may depend on technical availability, facility access, hardware or component availability, maintenance conditions, and the response or completion time of the party performing the required work. SCALIBIT will perform or coordinate Service-related technical work within its responsibility but does not control the internal operating schedules, procedures, resource availability, or completion times of facilities, network operators, Upstream Providers, or other infrastructure providers involved in the applicable technical action.

6.6 Customer-Authorized Temporary Access

SCALIBIT does not require or obtain Server Administrative Access Information as a standard part of technical support. In limited circumstances, where administrative access to the Server Environment is reasonably necessary to diagnose or address a specific Service-related technical issue, SCALIBIT may request temporary Server Administrative Access Information through the applicable Support Ticket. Any such access is provided voluntarily by the Customer with the Customer’s express authorization, is limited to the specific Support Ticket and technical issue for which it was provided, and is temporary in nature. SCALIBIT does not require or maintain ongoing administrative access to the Server Environment as part of ordinary Service operation.

Temporary root or Administrator access information, temporary SSH access information or keys, access ports, authentication tokens, temporary administrative-account information, or other privileged Server Administrative Access Information provided for technical support must be submitted only through a Support Ticket using SCALIBIT’s support system. The Customer must not provide such information through ordinary email, telephone, live chat, messaging applications, social media, or any other external communication channel.

Where reasonably practicable, the Customer should create temporary access information or a temporary administrative account specifically for the support request rather than provide long-term access information used for ordinary administration of the Server Environment. The Customer should provide only the temporary Server Administrative Access Information reasonably necessary for the specific Support Ticket and should not provide unrelated passwords, private SSH keys, tokens, or other access information. The Customer should not provide unrelated or unnecessary substantive Customer Content for SCALIBIT to inspect, review, troubleshoot, or administer. Any limited technical information or excerpts voluntarily submitted directly through a Support Ticket are governed by Section 6.3.

Providing temporary Server Administrative Access Information or otherwise expressly authorizing temporary access authorizes SCALIBIT to use that access only to the extent reasonably necessary to investigate or perform the technical-support activity identified in the applicable Support Ticket. Such authorization is limited to the particular support request and does not grant SCALIBIT ongoing administrative control over the Server Environment or transfer responsibility for its administration, operation, configuration, security, maintenance, backup, compliance, or lawful use from the Customer to SCALIBIT.

6.7 Scope of Temporary Support Access and Customer-Authorized Technical Changes

Customer-authorized temporary access is limited to the access reasonably necessary to diagnose or attempt to correct the reported operating-system-access, server-access, network-connectivity, network-configuration, boot, reachability, or other technical issue falling within SCALIBIT’s support scope.

Typical matters for which limited temporary access may be appropriate include assigned IPv4 or IPv6 address configuration, subnet or gateway configuration, network-interface configuration, routing or reachability problems, SSH or RDP connectivity, boot-related access conditions, operating-system accessibility following a hardware or network change, or similar issues reasonably connected to access to or delivery of the underlying Service.

Where reasonably necessary to perform the specific technical-support task requested or authorized by the Customer, SCALIBIT may make limited changes to network settings, network-interface configuration, subnet or gateway settings, routing settings, boot configuration, operating-system-access settings, or firewall or access settings directly relevant to restoring Service connectivity, reachability, boot, or administrative access, within the scope expressly stated or reasonably necessary to carry out the request submitted through the applicable Support Ticket. Such limited technical changes do not include general configuration or administration of Customer-installed or Customer-controlled applications, control panels, websites, databases, software, services, workloads, or other elements of the Server Environment outside the specific Service-access or connectivity issue being addressed.

Such technical changes may interact with Customer-installed or Customer-controlled software, systems, services, components, configurations, access controls, data, models, datasets, workloads, Customer Content, or other elements of the Server Environment and may result in unintended consequences, incompatibility, Service interruption, configuration loss, application or service failure, failure to boot, loss of access, or data loss.

Before requesting or authorizing technical work that may modify system files, operating-system configuration, network configuration, storage configuration, boot configuration, firewall or access configuration, or other Customer-controlled settings, the Customer must create, verify, and maintain all independent backups required to protect Customer Content and any configurations the Customer requires to restore or rebuild the Server Environment. Backup and data-loss responsibilities are governed by Section 12.

Customer-authorized technical changes performed within the Server Environment under this Section are undertaken on a best-effort basis. SCALIBIT does not guarantee that a requested or authorized change will resolve the reported issue, establish that the Customer’s existing configuration is otherwise correct, or remain compatible with every Customer-installed or Customer-controlled software, system, service, component, configuration, model, dataset, workload, or other element of the Server Environment. A Customer-authorized technical intervention does not transfer responsibility for the administration, configuration, maintenance, security, compatibility, backup, or continued operation of the Server Environment from the Customer to SCALIBIT.

6.8 Revocation of Temporary Access

When the support activity is completed, discontinued, or temporary access is no longer required, the Customer must promptly revoke, rotate, replace, disable, or delete the temporary Server Administrative Access Information, temporary administrative account, password, key, token, firewall rule, access rule, or other access method provided or enabled for the support request.

SCALIBIT may inform the Customer that temporary support access is no longer required, but closure, resolution, or discontinuation of a Support Ticket does not itself revoke, disable, rotate, replace, or delete an account, password, key, token, firewall rule, access rule, or other access method within the Server Environment. The Customer remains responsible for actually revoking, disabling, removing, rotating, or replacing the applicable access method.

The Customer must not assume that temporary access has ceased to function merely because the related Support Ticket has been closed or marked resolved. Temporary Server Administrative Access Information previously provided to SCALIBIT must not be relied upon by the Customer as a secure long-term administrative access method after the applicable support activity has ended. The Customer must promptly revoke, disable, delete, rotate, replace, or otherwise render unusable any temporary account, password, key, token, access rule, firewall rule, or other temporary access method that was provided, created, or enabled for the applicable support activity.

6.9 Support Requests and Customer Cooperation

Official support requests must be submitted through a Support Ticket using the Client Area. The Customer should provide sufficient information to identify the affected Service and reasonably describe the reported problem, including relevant Service-level, network, boot, or operating-system-access error messages, timestamps, affected IPv4 or IPv6 addresses, or other technical information reasonably available to the Customer where such information is relevant to the issue.

The Customer must reasonably cooperate with troubleshooting by providing accurate information concerning the reported condition and by performing reasonable Customer-side checks or configuration actions where those actions concern systems or settings under the Customer’s control. SCALIBIT may request clarification or additional technical information where reasonably necessary to identify or address the reported issue.

If the Customer does not provide information, cooperation, Customer-side testing, confirmation, or temporary access reasonably necessary to investigate the reported issue, or if information supplied by the Customer is materially incomplete or inaccurate, SCALIBIT may be unable to continue or complete the applicable troubleshooting activity. SCALIBIT may pause the affected support activity and request the information or cooperation reasonably necessary to proceed. A delay resulting from the absence of information, access, confirmation, or Customer-side action reasonably required for the applicable troubleshooting activity does not, by itself, constitute a failure by SCALIBIT to provide Technical Support.

While SCALIBIT is actively performing a Customer-authorized technical intervention, the Customer should avoid making material changes to the same configuration, access method, network settings, operating-system settings, or other technical condition being investigated unless the changes are coordinated through the applicable Support Ticket. If uncoordinated Customer-side changes materially interfere with diagnosis, create conflicting technical conditions, or create a material security or data-loss risk, SCALIBIT may pause the intervention until a reasonably stable troubleshooting state can be established.

SCALIBIT may require reasonable Account, ownership, authority, security, or other verification under Section 2 before performing a sensitive, privileged, or destructive technical action where reasonably necessary to protect the Customer, Account, Services, SCALIBIT systems or networks, or third parties.

The Customer should provide only the information reasonably necessary to investigate the applicable support request and should not submit unrelated or unnecessary substantive Customer Content or sensitive information. Limited technical information or excerpts voluntarily submitted directly through a Support Ticket are governed by Section 6.3. The Customer should not provide ordinary long-term root or Administrator passwords, private SSH keys, or other long-term Server Administrative Access Information for Service-related troubleshooting. Where temporary administrative access is reasonably necessary for a specific Support Ticket, the procedures in Sections 6.6 through 6.8 apply.

Unless an applicable Service Order or written SLA expressly provides a specific Technical Support response, action, or resolution commitment, no particular response time, completion time, or resolution time is guaranteed for a Support Ticket. The time required to investigate or address a support request may vary according to the nature and complexity of the issue, required Customer cooperation, hardware or component availability, Service Location, required physical or network intervention, and any action that must be coordinated with an Upstream Provider or other infrastructure provider.

6.10 Customer Devices and Local Networks

SCALIBIT technical support does not include administration, configuration, troubleshooting, or remote control of the Customer’s personal computers, workstations, mobile devices, office networks, local routers, local firewalls, browsers, local operating systems, or other Customer-controlled endpoints or local networks.

SCALIBIT does not remotely control Customer endpoints through remote-access software, remote-control software, screen-sharing software, or comparable endpoint-access tools as part of Technical Support. SCALIBIT may provide reasonable instructions for tests or configuration checks that the Customer can perform on its own devices or networks when such steps may help diagnose access to the Service.

The Customer remains responsible for the configuration, security, functionality, Internet connectivity, malware protection, authentication methods, access information, and other security of the Customer’s own devices and local networks used to access the Client Area or the Services.

6.11 Support Does Not Change the Unmanaged Service Model

Technical assistance, troubleshooting within SCALIBIT’s Technical Support scope, Customer-authorized temporary administrative access, limited technical changes under Section 6.7, operating-system installation or reinstallation, installation of software or components expressly selected in the applicable Service Order, access-recovery assistance, hardware intervention, network changes, routing assistance, reverse-DNS configuration, Service-access assistance, or other Technical Support expressly provided by SCALIBIT does not transfer configuration, administration, security, monitoring, maintenance, backup, compliance, or operational responsibility for the Server Environment from the Customer to SCALIBIT.

SCALIBIT does not provide managed server administration. Where the Customer selects or requests installation by SCALIBIT of an operating system or of a control panel, licensed software product, third-party software package, GPU software component, or other software or installation option expressly included in or selected through the applicable Service Order, SCALIBIT’s responsibility is limited to the initial installation described for that option. Following installation, the Customer is responsible for all post-installation setup and configuration, administration, account and access configuration, security configuration and hardening, licensing compliance, maintenance, updating, upgrading, patching, troubleshooting, debugging, compatibility, monitoring, performance tuning, optimization, backup, restoration, recovery, migration, and operation of the installed software or component and the resulting Server Environment.

Except for the specific provisioning, installation, hardware, network, access-recovery, or other technical actions expressly included within SCALIBIT’s Technical Support scope under this Agreement, Technical Support does not include configuration, administration, deployment, coding or development, application or software troubleshooting, debugging, maintenance, updating, upgrading, patching, security hardening, security management, vulnerability management, security monitoring, malware removal or cleanup, performance engineering, optimization, monitoring, backup, restoration, data recovery, migration, cloning, replication, transfer, or operation of Customer-installed or Customer-controlled software, systems, services, applications, control panels, databases, websites, email systems, virtualization or hypervisor environments, virtual machines, containers, GPU software environments, models, datasets, workloads, Customer Content, configurations, or other elements of the Server Environment.

The installation or availability through SCALIBIT of an operating system, control panel, licensed software product, third-party software package, GPU software component, or other software or installation option expressly included in or selected through the applicable Service Order does not convert the Service into a managed Service and does not make SCALIBIT responsible for configuring, administering, maintaining, updating, upgrading, patching, securing, troubleshooting, debugging, optimizing, monitoring, supporting, or otherwise managing the installed software or component or the resulting Server Environment. The fact that SCALIBIT performs the initial installation does not make SCALIBIT the technical-support provider for third-party software installed as part of the Service Order.

Providing a particular Service-related technical action, technical suggestion, temporary intervention, installation, access-recovery action, or a limited troubleshooting-related configuration change reasonably necessary under Section 6.7 to investigate or restore Service connectivity, network configuration, reachability, boot, or administrative access does not expand SCALIBIT’s Technical Support scope or transfer responsibility for the Server Environment to SCALIBIT. Such a limited troubleshooting-related change does not constitute general configuration or administration of the operating system, applications, control panels, software, services, workloads, or other Customer-installed or Customer-controlled elements of the Server Environment.

The availability of Technical Support described in this Section does not create an obligation for SCALIBIT to install software or components that are not included in or selected through the applicable Service Order. As part of initial Service provisioning and at the Customer’s selection or request, SCALIBIT may install the operating system and any control panel, licensed software product, third-party software package, GPU software component, or other installation option expressly included in or selected through the applicable Service Order. Any such installation performed by SCALIBIT is limited to the initial installation and does not transfer to SCALIBIT responsibility for post-installation setup or configuration, administration, security, hardening, maintenance, updating, upgrading, patching, troubleshooting, debugging, compatibility, monitoring, optimization, backup, restoration, recovery, migration, technical support, operation, or management of the installed software or component or the resulting Server Environment. Following provisioning, those responsibilities remain with the Customer regardless of whether the applicable operating system, software, or component was installed by SCALIBIT at the Customer’s selection or request or was installed by the Customer. The unmanaged Service model and the Customer responsibilities established in Sections 1, 5, 6.2, and 12 remain applicable notwithstanding any initial installation, reinstallation, assistance, troubleshooting, recovery, or limited technical intervention performed by SCALIBIT.

7. HARDWARE; MAINTENANCE & SERVICE LOCATION

7.1 Leased Hardware and Right of Use

Dedicated Servers and GPU Servers are provided to the Customer as leased Services. The Customer receives the contractual right to use the hardware assigned to the applicable Service during the active Service term but does not acquire ownership of the physical server, chassis, components, storage devices, GPUs, network devices, or other physical equipment used to provide the Service.

Unless SCALIBIT expressly agrees otherwise in writing, the Customer has no right to obtain physical possession of, remove, access, inspect, modify, repair, replace, or directly handle the physical equipment used to provide the Service. Physical hardware work is performed or arranged as part of SCALIBIT’s operation of the applicable Service.

Assignment of particular physical hardware to a Customer does not create ownership, purchase, bailment, or other property rights in that equipment and does not require SCALIBIT to preserve the same physical chassis, serial number, component manufacturer, model, or hardware generation for the entire Service term.

7.2 Hardware Maintenance and Failure

Physical hardware may require maintenance, repair, diagnostic work, component replacement, complete server replacement, or other technical intervention during the Service term. Such work may be required because of hardware failure, degradation, preventive maintenance, component availability, manufacturer lifecycle changes, compatibility requirements, security considerations, or other legitimate technical or operational reasons.

When SCALIBIT becomes aware of a physical hardware condition materially affecting an active Service, SCALIBIT will take reasonable technical action to diagnose the condition and, where appropriate, repair or replace the affected hardware or arrange the required physical intervention.

Physical hardware may fail without advance warning. Failure of a storage device, storage controller, memory module, processor, GPU, motherboard, power supply, network interface, or another physical component may result in Service interruption, degradation, loss of access, or loss or corruption of data stored on the affected hardware. Hardware repair or replacement does not itself restore Customer Content or guarantee that data affected by a hardware failure can be recovered.

The Customer’s obligations concerning independent backups and the consequences of storage failure, data loss, reinstallation, reimaging, reprovisioning, and other destructive procedures are governed by the Backups, Data Loss, Reinstallation and Deprovisioning provisions of this Agreement.

7.3 Hardware Replacement

SCALIBIT may replace a physical server or individual hardware component where reasonably necessary for repair, maintenance, availability, compatibility, lifecycle management, security, capacity management, or continued provision of the Service.

Replacement hardware may be manufactured by a different manufacturer or may use a different model, product generation, platform, revision, component family, firmware version, or other technical implementation from the hardware previously assigned to the Service. SCALIBIT is not required to provide an identical physical server or an identical replacement for every individual component characteristic.

Where a complete server or material component is replaced, SCALIBIT will use commercially reasonable efforts to provide hardware offering substantially equivalent or better overall functionality and capacity for the affected Service, taking into account the Service configuration as a whole. Reasonable differences or trade-offs between individual hardware characteristics do not, by themselves, mean that replacement hardware is materially inferior.

SCALIBIT will not intentionally make an undisclosed material reduction to an expressly purchased Service resource, including total RAM capacity, usable storage capacity, GPU quantity, or another material resource expressly identified in the applicable Service Order.

If available replacement hardware would materially change an expressly purchased Service resource, SCALIBIT may offer an alternative configuration, replacement resource, Service adjustment, upgrade, or other available solution. Where an offered alternative changes the applicable price or billing terms, the Customer will be informed of the applicable change before accepting the revised Service configuration.

If suitable replacement hardware is not reasonably available and the affected Service cannot reasonably be continued in its existing form, SCALIBIT may offer another available Service configuration. If the Customer does not accept an available materially different alternative, the affected Service may be discontinued in accordance with the applicable Billing, Refund, Suspension, Termination, and Service Discontinuation provisions of this Agreement.

7.4 Maintenance and Technical Changes

SCALIBIT may perform maintenance, repair, replacement, testing, upgrades, migrations, or other technical work reasonably necessary to maintain, restore, secure, or continue providing the physical systems used for an active Service. Such work may temporarily interrupt or restrict access to the affected Service.

Where reasonably practicable, SCALIBIT may provide advance notice of scheduled work expected to cause a material interruption to an active Service. Advance notice may not be possible where immediate action is reasonably required because of hardware failure, emergency maintenance, security conditions, power or facility conditions, or another urgent technical or operational requirement.

Maintenance or repair of physical hardware does not include administration, repair, restoration, or reconstruction of Customer-controlled software, configurations, applications, workloads, or Customer Content.

7.5 Service Location

The Service Location applicable to a Dedicated Server or GPU Server is the geographic location identified in the applicable Service Order or otherwise expressly confirmed by SCALIBIT for that Service.

The Service Location identifies the geographic Service offering and does not guarantee continued use of a particular building, room, rack, cabinet, network path, physical server, facility operator, or other underlying technical arrangement within that Service Location. SCALIBIT may change such underlying arrangements where reasonably necessary, provided that the geographic character of the ordered Service Location is not materially changed.

Hardware repair, replacement, maintenance, or a change in the underlying technical arrangement does not, by itself, authorize relocation of the Service to a materially different geographic Service Location.

7.6 Geographic Relocation

SCALIBIT will not ordinarily relocate an active Dedicated Server or GPU Server to a materially different geographic Service Location without notifying the Customer and, where reasonably practicable, obtaining the Customer’s agreement to the proposed replacement location.

A geographic relocation may become necessary where SCALIBIT can no longer reasonably continue providing the affected Service at the existing Service Location because of facility closure, mandatory migration, loss of required capacity, prolonged facility or technical failure, legal or regulatory requirements, loss of required hardware or connectivity, force majeure, or another circumstance materially affecting continued provision of the Service at that location.

In such circumstances, SCALIBIT may offer the Customer an available replacement Service Location or another reasonable Service alternative. A relocation to a materially different Service Location may require different hardware, Network Resources, routing, connectivity, or other technical characteristics. Any material Service or pricing difference will be communicated before the replacement Service is accepted by the Customer, except where immediate protective action is independently permitted by this Agreement or required by applicable law.

If the existing Service Location can no longer reasonably be provided and the Customer does not accept an available materially different replacement location or other Service alternative, SCALIBIT may discontinue the affected Service in accordance with the applicable Billing, Refund, Suspension, Termination, and Service Discontinuation provisions of this Agreement.

7.7 Location-Dependent Service Characteristics

Available hardware, GPU configurations, storage options, Network Resources, connectivity characteristics, DDoS protection, operating-system installation options, and other technical features may vary by Service Location. Availability of a feature or configuration at one Service Location does not require SCALIBIT to provide the same feature or configuration at every other Service Location.

The Customer is responsible for selecting a Service Location appropriate for the Customer’s technical, latency, business, legal, regulatory, and data-protection requirements. Selection of a Service Location does not exempt the Customer or the Service from this Agreement, applicable incorporated policies, or applicable law.

8. NETWORK; AVAILABILITY & DDoS PROTECTION

8.1 Network Connectivity and Port Speed

SCALIBIT provides network connectivity for Dedicated Servers and GPU Servers in accordance with the network characteristics applicable to the relevant Service and Service Location. The network port speed, bandwidth allocation, traffic allowance, connectivity options, and other network characteristics applicable to a particular Service are those identified in the applicable Service Order or product description.

A stated network port speed, including 1G, 10G, 25G, or another stated interface speed, describes the technical capability or configured capacity of the applicable network interface or Service. It does not constitute a representation that every connection, destination, route, protocol, application, or workload on the public Internet will continuously achieve that throughput.

Actual end-to-end throughput, latency, packet loss, and reachability may be affected by routing, network congestion, destination networks, Internet conditions, protocol behavior, Customer configuration, remote systems, traffic characteristics, Upstream Provider conditions, and other factors beyond the capability of the local network port itself.

8.2 Bandwidth and Traffic Allowances

Where a Service includes a stated bandwidth commitment, traffic allowance, transfer allowance, billing metric, burst capability, or other network entitlement, the applicable Service Order or product terms govern that entitlement.

If a Service is subject to a traffic or bandwidth limit, the Customer is responsible for managing use within the applicable allowance. Where supported for the affected Service, additional traffic, additional bandwidth, a higher port speed, or another network upgrade may be purchased subject to technical availability and applicable pricing.

If an applicable traffic or bandwidth allowance is exceeded or exhausted, SCALIBIT may apply the treatment specified for the Service, which may include additional usage charges, rate limiting, temporary restriction, suspension of affected network traffic, or another measure identified in the applicable Service Order or product terms. No usage-based or overage charge applies unless such charging is provided for by the applicable Service terms or otherwise accepted by the Customer.

8.3 Network Maintenance and Availability

Network connectivity and related systems may require scheduled or emergency maintenance, repair, replacement, upgrade, testing, routing changes, security work, migration, or other technical operations by SCALIBIT or an applicable Upstream Provider. Such work may temporarily affect connectivity, routing, latency, throughput, or availability of an affected Service.

Where reasonably practicable, SCALIBIT may provide advance notice of scheduled network work expected to cause a material interruption to an active Service. Advance notice may not be possible where immediate action is reasonably necessary to address a failure, security condition, attack, routing problem, network instability, emergency maintenance requirement, urgent Upstream Provider work, or another urgent technical or operational condition.

If a network condition materially affects an active Service, SCALIBIT may investigate and take or arrange the technical measures reasonably appropriate to restore or protect connectivity. The time required to resolve a network condition may depend on the nature and location of the fault, routing conditions, hardware availability, network-path conditions, and actions required on networks, facilities, or systems not directly operated by SCALIBIT.

8.4 DDoS Protection and Network-Security Measures

DDoS mitigation and other network-level protective capabilities are available only for Services and Service Locations where such protection is technically offered. The availability, capacity, filtering method, activation method, included protection level, and applicable pricing may vary by Service, network, Service Location, and Upstream Provider.

Where DDoS mitigation is included with or purchased for a Service, SCALIBIT or an applicable Upstream Provider may use traffic filtering, mitigation, scrubbing, rate limiting, routing changes, blocking, null-routing, network isolation, or other technically available network-level measures to detect, reduce, contain, or respond to malicious or harmful traffic.

No DDoS mitigation or network-security system can prevent, detect, absorb, or successfully mitigate every attack or guarantee uninterrupted Service availability during an attack. The effectiveness of mitigation may depend on the attack type, size, duration, destination, protocol, available capacity, routing conditions, and technical characteristics of the affected Service, network, and applicable Upstream Provider.

Protective measures may temporarily affect legitimate traffic, routing, latency, throughput, connectivity, or availability where reasonably necessary to protect the affected Service, SCALIBIT systems or networks, Upstream Providers, other customers, or third parties. Where mitigation is unavailable, insufficient, or technically impracticable for a particular event, SCALIBIT may use or coordinate other reasonable network-level protective measures, including temporary filtering, blocking, rate limiting, null-routing, isolation, or suspension of affected connectivity.

Network-level protective or mitigation measures do not require SCALIBIT to obtain administrative access to the Customer’s Server Environment and do not create an obligation for SCALIBIT to inspect, administer, monitor, or secure Customer Content, Customer-operated applications, workloads, operating systems, or other Customer-controlled components.

8.5 Internet, Upstream and External Network Dependencies

The Services connect to the public Internet and may depend on Upstream Providers, network paths, carriers, routing systems, peering relationships, transit networks, telecommunications systems, data-center networks, and other external networks or services that are not entirely under SCALIBIT’s control.

SCALIBIT does not control the continuous operation of the public Internet or independent third-party facilities, networks, carriers, systems, or services and does not guarantee that a particular external route, carrier, network path, peering relationship, latency level, destination, Internet endpoint, or Upstream Provider service will remain continuously available or unchanged.

Access to or reachability of a Service may be affected by governmental filtering, censorship, Internet shutdowns, national or regional network restrictions, telecommunications controls, local Internet service providers, routing policies, blocking orders, sanctions-related restrictions, or other legal, technical, governmental, or network conditions outside SCALIBIT’s reasonable control. SCALIBIT does not guarantee that a Service that is operational and reachable within SCALIBIT’s or an applicable Upstream Provider’s infrastructure will be accessible or reachable from every Customer location, Internet provider, network, country, territory, or jurisdiction.

A connectivity problem affecting a particular destination, route, geographic region, country, Internet provider, carrier, or remote network does not necessarily mean that the SCALIBIT network or the affected Service is unavailable as a whole. Where reasonably appropriate, SCALIBIT may investigate routing or connectivity conditions affecting the Service and take available technical action within its scope or coordinate with an applicable Upstream Provider.

8.6 No General SLA or Automatic Service-Credit Program

Unless a written SLA is expressly made applicable to a particular Service, SCALIBIT does not provide a general guaranteed uptime percentage or automatic service-credit program under this Agreement.

Statements concerning network stability, availability, historical availability, expected availability, target availability, typical performance, network capacity, or similar operational metrics do not constitute a binding SLA, guaranteed uptime commitment, or automatic entitlement to a refund, service credit, compensation, extension of the billing period, or other remedy unless SCALIBIT expressly identifies the applicable statement as a binding commitment in a written SLA or Service Order.

Where a written SLA applies, the SLA governs only the specific Service, availability commitment, measurement method, exclusions, eligibility requirements, and remedies expressly stated in that SLA. Any service credit or other contractual remedy available under an SLA is governed by the terms of that SLA.

Network maintenance, routing changes, Internet conditions, governmental or regional network restrictions, DDoS attacks or mitigation, temporary degradation, network failure, Upstream Provider disruption, or other availability events do not, by themselves, create a refund, service-credit, compensation, billing-period extension, or other entitlement except where expressly provided by an applicable written SLA, Service Order, another provision of this Agreement, or applicable law.

9. IPv4 & IPv6 ADDRESSES; ROUTING & REVERSE DNS

9.1 Assignment and Right of Use

SCALIBIT may assign or route IPv4 addresses, IPv6 addresses, subnets, prefixes, gateways, and other Network Resources for use with a Dedicated Server or GPU Server. The Network Resources included with a particular Service are determined by the applicable Service Order, product terms, Service Location, technical availability, and applicable network, Upstream Provider, address-resource-holder, or Regional Internet Registry requirements.

Network Resources provided by SCALIBIT are assigned to the Customer for use in connection with the applicable Service and remain subject to this Agreement. They are not sold or transferred to the Customer and do not become the Customer’s property merely because they are assigned to or used with a Service.

The Customer receives only a temporary contractual right to use SCALIBIT-provided Network Resources for the duration of the applicable assignment. The Customer acquires no ownership, registration, portability, transfer, or continuing-use right in a SCALIBIT-provided IPv4 address, IPv6 address, subnet, prefix, gateway, or other Network Resource except where SCALIBIT expressly agrees otherwise in writing.

Assignment of an IPv4 or IPv6 address to a Customer’s Service permits the Customer to use that resource with the applicable Service in accordance with this Agreement. It does not create any direct contractual or property right between the Customer and a Regional Internet Registry, network operator, Upstream Provider, address-resource holder, or other third party involved in the administration or routing of that resource.

9.2 Customer Use of Assigned Network Resources

The Customer may use assigned Network Resources only in connection with the Services for which they are provided and only for purposes permitted by this Agreement and the applicable incorporated policies. The Customer’s contractual responsibility for use of and activity occurring through or in connection with the Services and assigned Network Resources is established in Section 1.

Subject to this Agreement, the Customer may use assigned Network Resources within the applicable Service for Customer-operated applications, virtual machines, containers, virtualization environments, hosted services, End Users, customers, tenants, or other downstream uses permitted through the Service. Such internal or downstream use does not transfer ownership of the Network Resource, create an independent assignment by SCALIBIT to the downstream user, or reduce the Customer’s responsibility to SCALIBIT for the applicable Service and Network Resource.

The Customer must not announce, route, transfer, lease, sell, assign, or otherwise make SCALIBIT-provided Network Resources independently available outside the applicable Service except where SCALIBIT has expressly authorized the applicable technical or routing arrangement. Use of an assigned resource by virtual machines, containers, applications, End Users, customers, tenants, or other downstream users within the applicable Service does not, by itself, violate this restriction.

The Customer must not spoof source addresses, falsify routing information, interfere with routing integrity, announce unauthorized prefixes, cause unauthorized route announcements, route leaks, or route hijacking, or otherwise use Network Resources in a manner that creates an unauthorized, misleading, abusive, insecure, or technically harmful network condition.

9.3 IP Assignment and Downstream Records

SCALIBIT may create and maintain administrative records identifying IPv4 addresses, IPv6 addresses, subnets, prefixes, and other Network Resources assigned to a Customer Account and Service. Such records may include the assigned resource, associated Account and Service, Service Location, assignment or activation information, modification or reassignment information, release or termination information, and relevant dates, times, timestamps, or other administrative allocation information available within SCALIBIT’s systems.

SCALIBIT may retain historical Network Resource assignment and Service-allocation records after a resource has been released, reassigned, withdrawn, or the associated Service has ended where reasonably necessary for billing, fraud prevention, abuse handling, security, dispute resolution, legal or regulatory compliance, recordkeeping, or another lawful business purpose, subject to the Privacy Notice and applicable law.

Where an abuse report, security notification, complaint, intellectual-property notice, regulatory inquiry, or legal request identifies an IPv4 address, IPv6 address, subnet, prefix, or other Network Resource together with a relevant date or time, SCALIBIT may use available assignment records to determine the Customer Account and Service to which the identified resource was administratively assigned during the relevant period.

An IP-assignment or Network Resource assignment record establishes only the administrative association reflected in SCALIBIT’s records between the applicable Network Resource and the Customer Account or Service for the relevant period. Such a record does not, by itself, establish that the Customer personally performed, directed, authorized, knew of, approved, or intended any particular activity alleged to have originated from that resource. This limitation concerning personal attribution does not reduce or alter the Customer’s contractual responsibility for the Service and assigned Network Resources under Section 1 and the other applicable provisions of this Agreement.

Where the Customer assigns, maps, delegates, routes, or otherwise makes an assigned IPv4 address, IPv6 address, subnet, prefix, or other Network Resource available within the Service to an End User, customer, tenant, virtual machine, container, hosted account, application, or other downstream user or resource, the Customer must maintain records reasonably sufficient to identify the relevant downstream assignment or use where reasonably necessary for security, abuse response, dispute resolution, contractual compliance, or lawful compliance purposes.

SCALIBIT is not required to know, identify, maintain, monitor, or reconstruct the Customer’s internal allocation or mapping of Network Resources among End Users, customers, tenants, virtual machines, containers, hosted accounts, applications, workloads, systems, or other downstream resources unless the relevant information has been separately provided to and retained by SCALIBIT. SCALIBIT’s own assignment records ordinarily identify the Customer Account and Service to which the Network Resource was assigned rather than the Customer’s internal downstream allocation of that resource.

Account Information associated with an assignment may consist of Customer-supplied information that has not been independently verified by SCALIBIT. Unless SCALIBIT separately completed verification concerning particular information under Section 2, the appearance of that information in an assignment, Account, Service, billing, or other administrative record does not constitute independent verification or certification by SCALIBIT of the real-world identity, legal status, ownership, or authority represented by that information.

9.4 Additional IPv4 and IPv6 Resources

Additional IPv4 addresses, IPv6 addresses, subnets, prefixes, or other Network Resources may be available for certain Services subject to technical availability, applicable pricing, Service Location, and applicable network, Upstream Provider, address-resource-holder, or Regional Internet Registry requirements.

SCALIBIT may require reasonable technical or business justification, intended-use information, utilization information, projected utilization, network-configuration information, or other information reasonably necessary to evaluate a request for additional Network Resources or to satisfy applicable resource-allocation requirements.

The Customer must use additional allocations consistently with the basis on which they were approved and must provide updated information where reasonably required to maintain the applicable allocation. SCALIBIT may decline, reduce, decline to renew, or reclaim an unused, materially under-utilized, unjustified, unavailable, or non-compliant additional allocation where reasonably necessary to satisfy technical, resource-management, Upstream Provider, address-resource-holder, Regional Internet Registry, legal, security, or compliance requirements.

Approval of a previous request for additional Network Resources does not guarantee approval of a later request or continued availability of additional resources. SCALIBIT may decline or limit a request where the requested resources are unavailable, the stated use does not reasonably justify the requested allocation, required information is not provided, applicable allocation requirements are not satisfied, or another legitimate technical, security, compliance, or resource-management reason applies.

Where applicable resource-registration or reassignment requirements apply, SCALIBIT may require information reasonably necessary to satisfy those requirements and may provide or facilitate required registration information to the applicable Upstream Provider, address-resource holder, or Regional Internet Registry. Any processing of personal information for such purposes is subject to the Privacy Notice and applicable law.

9.5 IPv6 Availability

IPv6 availability, prefix size, routing method, gateway configuration, delegation options, and other IPv6 characteristics may vary by Service, network, Upstream Provider, and Service Location. The availability of IPv6 for one Service or Service Location does not require SCALIBIT to provide the same IPv6 configuration for every Service or location.

Where IPv6 is made available, the Customer is responsible for configuring and securing its use within the Server Environment and for ensuring that Customer-operated applications, firewalls, access controls, and other Customer-controlled systems are appropriately configured for IPv6.

Except where a provision by its nature applies only to IPv4 or the technical characteristics of IPv6 require different treatment, the Customer-responsibility, lawful-use, security, assignment-record, downstream-record, reassignment, reputation, abuse, and other Network Resource provisions of this Agreement apply equally to IPv6.

9.6 Reverse DNS (rDNS / PTR)

Where reverse-DNS management is supported for an assigned IPv4 or IPv6 address, the Customer may request creation, modification, or removal of an applicable PTR record through a Support Ticket or another method expressly made available by SCALIBIT.

SCALIBIT may require a requested PTR hostname to be technically valid and reasonably associated with the Customer’s Service. SCALIBIT may require appropriate forward DNS resolution where reasonably necessary for the requested configuration and may refuse, delay, modify, or remove a reverse-DNS entry that is technically invalid, deceptive, abusive, inconsistent with applicable technical requirements, cannot reasonably be maintained through an applicable Upstream Provider, or otherwise violates this Agreement or an applicable policy.

Reverse-DNS configuration does not constitute domain-name registration, forward-DNS hosting, email service, or a guarantee of email deliverability, sender reputation, authentication, acceptance by a third-party service, removal from a blocklist or reputation system, domain verification, or successful operation of any Customer application. The Customer remains responsible for configuring and maintaining any required A, AAAA, MX, SPF, DKIM, DMARC, or other Customer-controlled DNS or application-level records and configurations.

9.7 Reputation, Geolocation and Third-Party Classification

SCALIBIT does not guarantee that an IPv4 or IPv6 address assigned to a Service will have any particular reputation, geolocation result, classification, historical use profile, or treatment by a third-party network, security provider, email provider, search engine, content provider, payment provider, fraud-prevention system, geolocation database, reputation service, blocklist, allowlist, threat-intelligence service, or other third-party system.

Third parties may classify, geolocate, block, rate-limit, reject, distrust, score, filter, or otherwise treat an IPv4 or IPv6 address based on their own data, policies, algorithms, historical information, or independent decisions. SCALIBIT does not control such third-party systems or classifications.

The geographic location attributed to an assigned Network Resource by a third-party geolocation provider may differ from the physical Service Location. A third-party geolocation result does not constitute a representation or guarantee by SCALIBIT concerning the physical location of the applicable Dedicated Server or GPU Server.

An incorrect or outdated geolocation result, unfavorable reputation score, blocklist entry, email-delivery restriction, or other third-party classification does not, by itself, establish that the assigned Network Resource is defective or that the Customer is entitled to a replacement address, refund, credit, or other remedy.

SCALIBIT may, where reasonably appropriate and technically available, assist with information or procedures relating to an assigned Network Resource, but does not guarantee that a third party will modify, remove, correct, reclassify, delist, or otherwise change its independent classification or treatment of that resource. SCALIBIT is not required to replace an assigned Network Resource solely because of an unfavorable third-party classification or treatment.

9.8 Reassignment, Replacement and Reclamation

SCALIBIT may reassign, replace, renumber, withdraw, or reclaim SCALIBIT-provided Network Resources where reasonably necessary for network changes, routing changes, resource management, security, abuse prevention or remediation, technical requirements, Upstream Provider or address-resource-holder changes, mandatory renumbering, loss or unavailability of a resource, changes affecting the applicable Service or Service Location, legal or regulatory requirements, Regional Internet Registry requirements, or another legitimate operational reason.

If a Service is relocated or migrated to a different data center, Service Location, network, or Upstream Provider, Network Resources previously assigned to that Service may not be technically transferable to or available through the new environment. Different IPv4 addresses, IPv6 addresses, subnets, prefixes, gateways, or other Network Resources may therefore be required for the affected Service.

Where reasonably practicable, SCALIBIT will provide advance notice of a material change to Network Resources assigned to an active Service so that the Customer can make necessary Customer-controlled configuration changes. Advance notice may not be possible where immediate action is reasonably required because of abuse, security, legal requirements, routing failure, loss or withdrawal of the applicable resource, mandatory renumbering, emergency migration, or another urgent technical or operational condition.

The Customer is responsible for making required changes within the Server Environment and other Customer-controlled systems affected by a change to assigned Network Resources, including applications, DNS records, PTR-dependent configurations, firewalls, access controls, allowlists, application bindings, remote systems, monitoring systems, integrations, and other configurations or dependencies tied to the replaced resource.

A Network Resource change may result in temporary interruption, routing convergence, DNS or reverse-DNS propagation delay, third-party allowlist or access-control changes, geolocation or reputation-database delays, or other effects outside SCALIBIT’s reasonable control. Such effects do not, by themselves, create a refund, Account credit, service-credit, compensation, billing-period-extension, or other entitlement except where expressly provided by this Agreement, an applicable Service Order or SLA, or applicable law.

SCALIBIT is not required to preserve a particular IPv4 or IPv6 address indefinitely. However, SCALIBIT will not change an assigned Network Resource arbitrarily during an active Service where there is no legitimate technical, operational, security, compliance, resource-management, Upstream Provider, legal, or other Service-related reason for the change.

Upon cancellation, expiration, termination, or deprovisioning of the Service for which a SCALIBIT-provided Network Resource was assigned, the Customer’s right to use that resource ends and SCALIBIT may immediately reclaim, reroute, disable, reserve, return, or later reassign it. The Customer must not continue to announce, route, use, or represent that it controls such a resource after the applicable assignment ends. SCALIBIT does not guarantee that a previously assigned resource will remain available for later reactivation or a future Service Order.

9.9 Customer-Provided IPv4 and IPv6 Resources

Where SCALIBIT expressly supports Bring Your Own IP Address (“BYOIP”), BGP routing, or another arrangement involving IPv4 or IPv6 resources provided or controlled by the Customer, the arrangement is subject to technical availability, approval by SCALIBIT, applicable network and Upstream Provider requirements, and any additional terms communicated for the applicable Service. Nothing in this Agreement requires SCALIBIT to offer, accept, establish, maintain, or continue such an arrangement.

The Customer represents and warrants that it possesses and will maintain all rights, authority, registrations, authorizations, routing permissions, and other approvals required to use and authorize the routing or announcement of Customer-provided IPv4 or IPv6 resources.

The Customer is responsible for maintaining any required registration, authorization, routing object, Internet Routing Registry (“IRR”) information, Route Origin Authorization (“ROA”), RPKI information, Letter of Authorization (“LOA”), registry information, Autonomous System information, or other technical or administrative documentation required for continued routing of Customer-provided resources. SCALIBIT may require reasonable evidence of such authority before establishing or continuing the applicable routing arrangement.

The Customer must promptly notify SCALIBIT if its authority to use or announce Customer-provided Network Resources expires, is withdrawn, becomes disputed, changes materially, or otherwise becomes invalid.

SCALIBIT may refuse, modify, suspend, or discontinue routing of Customer-provided IPv4 or IPv6 resources where required authorization cannot reasonably be established or maintained, the requested routing is technically unavailable or unsafe, the resources are subject to conflicting claims or routing information, routing creates instability or security risk, an applicable Upstream Provider or network requirement prevents continued routing, routing would violate applicable law or regulatory requirements, applicable charges remain unpaid, or another legitimate security, compliance, technical, or operational reason applies.

Customer-provided IPv4 or IPv6 resources remain the responsibility and property of the Customer or other applicable resource holder and do not become property of SCALIBIT merely because SCALIBIT routes or announces them in connection with a Service. The Customer remains operationally and contractually responsible for use of and activity occurring through or in connection with Customer-provided Network Resources used with the Services.

Acceptance or routing of Customer-provided Network Resources does not guarantee continuous global reachability, propagation to every network, acceptance by every network operator, announcement through a particular Autonomous System or Upstream Provider, or continued availability of a particular routing path. Routing may be affected by network policy, RPKI or IRR validation, Upstream Provider requirements, security conditions, abuse, legal or regulatory requirements, technical limitations, or other external or operational conditions.

Termination of the underlying Service ends SCALIBIT’s obligation to continue the associated routing arrangement unless the Parties expressly agree otherwise. When an arrangement ends, SCALIBIT may withdraw routing or announcement functions under its control, and the Customer remains responsible for updating or removing Customer-controlled or third-party-controlled routing objects, RPKI or ROA authorizations, DNS records, allowlists, application settings, or other dependencies associated with the discontinued arrangement.

10. CUSTOMER CONTENT; END USERS & CUSTOMER DATA RESPONSIBILITIES

10.1 Customer Control of Customer Content

The Customer determines the Customer Content stored, transmitted, processed, generated, or otherwise handled through the Server Environment and determines the purposes for which the Customer uses the Services.

As between SCALIBIT and the Customer, the Customer retains the Customer’s rights in Customer Content and in Customer-provided software, applications, datasets, models, configurations, materials, and other Customer-controlled intellectual property. Provision of the Services does not transfer ownership of Customer Content to SCALIBIT.

SCALIBIT does not acquire ownership of Customer Content merely because Customer Content is stored, transmitted, processed, or generated through a Dedicated Server, GPU Server, Network Resource, or other component of the Service.

10.2 Customer Rights and Authority

The Customer represents and warrants that the Customer has all rights, permissions, licenses, authorizations, and other legal authority necessary to store, transmit, process, generate, make available, or otherwise use Customer Content and Customer-controlled materials through the Services.

The Customer is responsible for ensuring that Customer Content and the Customer’s use of it do not infringe, misappropriate, or unlawfully interfere with the intellectual-property, privacy, confidentiality, data-protection, publicity, contractual, or other rights of another person.

SCALIBIT’s provisioning or continued operation of a Service does not constitute verification that the Customer possesses the required rights or that particular Customer Content or activity is lawful.

10.3 No General License to Customer Content

The Customer does not grant SCALIBIT a general license to use, reproduce, publish, distribute, commercialize, analyze, develop from, or otherwise exploit Customer Content merely by using the Services.

Technical transmission, routing, storage, processing, or other automated handling that occurs as a necessary consequence of the Customer’s use of the physical server and network does not grant SCALIBIT ownership of Customer Content or an independent right to use Customer Content for SCALIBIT’s own purposes.

Nothing in this Agreement authorizes SCALIBIT to use Customer Content, Customer datasets, Customer models, Customer software, or other Customer-controlled materials for advertising, unrelated commercial purposes, or development of SCALIBIT products merely because those materials are used through the Services.

10.4 No Access, Inspection or Administration of Customer Content

SCALIBIT does not access, inspect, search, review, analyze, classify, moderate, or monitor Customer Content on or through the Dedicated Servers or GPU Servers provided to the Customer. SCALIBIT does not provide operation, administration, editing, modification, organization, restoration, debugging, management, or other administration of Customer Content or Customer-controlled applications on the Customer’s behalf.

The Customer remains responsible for the administration and control of the Server Environment and Customer Content. SCALIBIT’s provision of physical hardware, network connectivity, Network Resources, operating-system installation or reinstallation, technical support, or other Service-related technical functions does not transfer control or administration of Customer Content to SCALIBIT.

Where the Customer expressly authorizes temporary administrative access for a specific Support Ticket in accordance with Section 6, SCALIBIT may access only the portions of the Server Environment and technical configuration reasonably necessary to investigate or perform the authorized technical-support task. Such temporary access does not authorize access to, inspection of, searching of, review of, copying of, analysis of, classification of, moderation of, administration of, or other use of Customer Content.

Incidental visibility of operating-system messages, process names, service names, configuration paths, system-status information, error messages, command output, or similar technical information encountered while performing an authorized support task does not constitute inspection, review, analysis, moderation, or administration of Customer Content. The limited temporary-access and technical-support procedures described in this Section and Section 6 do not create a general right or obligation for SCALIBIT to access Customer Content and do not convert the Services into managed services.

Service provisioning, physical hardware work, power operations, network connectivity, routing, Network Resource assignment, reverse DNS, network-security measures, DDoS mitigation where available, remote-console or out-of-band infrastructure actions, operating-system installation or reinstallation requested by the Customer, server-reachability troubleshooting, and other Service-related technical actions performed without Customer-authorized administrative access do not constitute access to or administration of Customer Content.

10.5 SCALIBIT Is Not the Customer’s Publisher or Content Administrator

The Customer, and not SCALIBIT, selects, creates, uploads, installs, transmits, processes, distributes, makes available, or otherwise controls Customer Content and Customer-operated applications and workloads.

SCALIBIT does not act as the publisher, editor, developer, operator, moderator, administrator, or curator of Customer Content merely by providing the Services, Network Resources, or Service-related technical support.

Nothing in this Section prevents SCALIBIT from taking Service-level, network-level, Account-level, or other action expressly permitted by this Agreement or required by applicable law without assuming responsibility for the underlying Customer Content.

10.6 End Users and Downstream Data

Where the Customer permits End Users, customers, employees, contractors, visitors, tenants, applications, or other persons or systems to submit, store, transmit, process, or otherwise use data through the Services, the Customer remains responsible for the Customer’s relationship with those persons and for the Customer-controlled systems through which such use occurs.

The Customer is responsible for establishing any terms, privacy notices, permissions, consents, licenses, security measures, access controls, and other requirements legally necessary for the Customer’s collection and use of information relating to End Users.

SCALIBIT does not become a direct provider to an End User, assume the Customer’s contractual obligations to an End User, or become responsible for the Customer’s own service commitments merely because an End User’s information or activity passes through a Service.

10.7 Customer Data-Protection and Compliance Responsibilities

The Customer is responsible for determining and complying with legal requirements applicable to Customer Content and the Customer’s own data-processing activities, including requirements concerning lawful basis, notices, consents, confidentiality, security, retention, deletion, localization, international transfers, regulatory restrictions, and rights of individuals where applicable.

The Customer is responsible for configuring the Server Environment and Customer-controlled applications to implement the retention, deletion, access-control, security, and other data-management requirements applicable to the Customer’s use.

SCALIBIT does not determine the Customer’s retention periods, purposes of processing, categories of Customer Content, End User permissions, or other Customer-controlled data-management decisions.

Privacy and data-protection matters concerning personal information processed by SCALIBIT through its own Account, billing, payment, support, security, compliance, or Service-administration systems are governed by Section 11, the Privacy Notice, and, where applicable, the Data Processing Agreement. Nothing in this Section expands the scope of the Data Processing Agreement or assigns a legally inaccurate controller, processor, business, service-provider, or other data-protection role to either Party.

10.8 Prohibited or Unlawful Customer Content

Customer Content and activity conducted through the Services remain subject to this Agreement, the Acceptable Use Policy, the Anti-Spam Policy, applicable intellectual-property requirements, and other applicable incorporated policies and laws.

SCALIBIT’s lack of access to or review of Customer Content does not limit the Customer’s obligation to comply with those requirements and does not prevent SCALIBIT from acting on an abuse report, security event, legal notice, valid legal process, or other information that comes to SCALIBIT’s attention.

Where corrective action concerning Customer Content or a Customer-controlled application is required, the Customer is responsible for making the necessary change within the Server Environment. If the Customer fails to take required action, or if immediate action is reasonably necessary, SCALIBIT may take the Service-level or network-level measures permitted by Sections 15, 16, 19, 20, or other applicable provisions of this Agreement without accessing or modifying the Customer Content itself.

10.9 Customer Content Requests and Retrieval

The Customer is responsible for accessing, copying, exporting, migrating, downloading, or otherwise retrieving Customer Content through the Customer-controlled Server Environment while the Service remains available to the Customer.

SCALIBIT is not required to access the Server Environment, collect Customer files, prepare a Customer Content export, extract databases, migrate applications, reconstruct a Customer data set, or otherwise administer Customer Content on the Customer’s behalf.

Where the Customer requires migration, portability, backup, archival, or recovery capabilities, the Customer is responsible for implementing those capabilities or arranging them independently unless SCALIBIT expressly offers a separate applicable Service.

10.10 Suspension and Customer Content

Suspension of a Service does not, by itself, transfer control or ownership of Customer Content to SCALIBIT and does not require SCALIBIT to access or administer Customer Content.

The Customer may be unable to access Customer Content while the affected Service remains suspended. Suspension does not create an obligation for SCALIBIT to provide an alternative method of accessing or retrieving Customer Content while the suspension remains in effect.

The distinction between suspension, termination, and deprovisioning is governed by Sections 12 and 19.

10.11 End of Service and Customer Content

The Customer must retrieve and preserve all Customer Content that the Customer wishes to retain before cancellation, expiration, termination, or other end of the applicable Service becomes effective.

SCALIBIT does not provide continuing storage, archival, backup, export, retrieval, or preservation of Customer Content after the Customer’s right to use the affected Service ends.

Following deprovisioning, the treatment of storage devices, Server Environment data, recoverability, and resource recycling is governed exclusively by Section 12. The Customer must not assume that Customer Content remains retrievable after deprovisioning begins.

10.12 No Expansion of SCALIBIT’s Obligations

Nothing in this Section creates a backup, monitoring, content-review, content-moderation, data-recovery, application-management, data-migration, archival, or Customer Content administration obligation for SCALIBIT.

SCALIBIT’s receipt of an abuse report, copyright claim, privacy request, legal request, security notification, Support Ticket, or other communication concerning a Customer or Service does not create an obligation to obtain access to Customer Content or assume administration of the Customer’s Server Environment.

The rights and responsibilities concerning Customer Content established in this Section survive to the extent necessary to address claims, obligations, data-loss consequences, confidentiality, intellectual-property rights, legal requirements, or other matters arising from the Customer’s use of the Services.

11. PRIVACY & DATA PROTECTION

11.1 Privacy Notice

SCALIBIT processes personal information in connection with Accounts, Service Orders, billing, payments, support, security, fraud prevention, Service administration, legal compliance, and operation of its business as described in SCALIBIT’s Privacy Notice.

The Privacy Notice describes the categories of personal information SCALIBIT may process, the purposes and legal bases for processing where applicable, disclosures to service providers and other recipients, retention, international processing, security measures, and rights available under applicable data-protection law.

The Privacy Notice supplements this Agreement for privacy matters but does not expand SCALIBIT’s contractual access to the Customer’s Server Environment or Customer Content or create a monitoring obligation not otherwise established by this Agreement or applicable law.

11.2 Account and Service-Administration Information

SCALIBIT may process personal information reasonably necessary to create and administer an Account, process Service Orders and payments, issue invoices, communicate with the Customer, provide technical and billing support, maintain Account security, prevent fraud or abuse, administer the Services, maintain Network Resource assignment records, comply with legal obligations, and protect SCALIBIT, its customers, and other persons from security or operational risks.

Such processing may concern information supplied by the Customer or generated through the Customer’s interaction with SCALIBIT’s own Account, billing, support, security, or Service-administration systems. The existence, scope, and retention of particular information are governed by SCALIBIT’s actual systems, business needs, Privacy Notice, and applicable law and are not expanded by this Section.

Customer-supplied Account information is treated in accordance with Section 2. Unless SCALIBIT expressly confirms that particular information has been independently verified, the fact that information appears in SCALIBIT’s systems does not mean that SCALIBIT has independently verified or certified its accuracy.

11.3 International Processing and Transfers

SCALIBIT operates internationally and may process Account, contact, billing, payment, support, security, fraud-prevention, compliance, and Service-administration personal information in the United States and in other countries where SCALIBIT or service providers involved in the applicable business function operate.

Accordingly, personal information processed by SCALIBIT may be transferred to, accessed from, or processed in a country other than the country in which the Customer or applicable individual is located. Data-protection laws and governmental-access rules may differ between jurisdictions.

Where applicable data-protection law requires a legal mechanism or safeguard for an international transfer of personal information, SCALIBIT will use the transfer mechanism or safeguard applicable to the relevant processing, as described in the Privacy Notice or an applicable Data Processing Agreement.

This Section concerns personal information processed by SCALIBIT for Account, billing, support, security, compliance, and Service-administration purposes. It does not represent that SCALIBIT transfers, accesses, inspects, or otherwise processes Customer Content merely because an Account or Service is administered internationally.

11.4 Data Processing Agreement

Where applicable data-protection law and the nature of the Customer’s use of the Services require SCALIBIT to enter into a data processing agreement concerning personal data processed within the applicable scope, SCALIBIT’s Data Processing Agreement (“DPA”) applies according to its terms.

The DPA governs only the processing activities within its stated scope and does not convert every category of personal information processed by SCALIBIT into Customer-controlled processor data. SCALIBIT may process personal information for its own Account administration, billing, payment, security, fraud-prevention, legal-compliance, dispute, and other legitimate business purposes in the role determined by applicable law.

The respective roles of the Customer and SCALIBIT as controller, processor, business, service provider, or another legally defined role depend on the particular processing activity, applicable law, and, where applicable, the DPA. Nothing in this Agreement designates either Party as controller or processor for processing activities for which that designation would be legally or factually inaccurate.

11.5 Customer Data-Protection Responsibilities

The Customer is responsible for determining the data-protection, privacy, confidentiality, security, notice, consent, lawful-basis, data-subject-rights, retention, localization, transfer, and other legal requirements applicable to the Customer’s own collection and use of personal information through the Server Environment.

Where the Customer processes personal information relating to End Users, employees, customers, visitors, contractors, or other individuals through the Services, the Customer is responsible for providing legally required notices, obtaining legally required permissions or consents, establishing an appropriate lawful basis, and responding to rights requests for which the Customer is legally responsible.

SCALIBIT’s provision of the Services does not constitute legal advice concerning the Customer’s privacy obligations and does not represent that the Customer’s particular data-processing activity complies with any specific data-protection law or regulatory framework.

11.6 Service Providers and Payment Processing

SCALIBIT may use service providers and other third parties to perform functions such as payment processing, communications, fraud prevention, security, Account administration, support infrastructure, professional services, and other functions reasonably necessary to operate SCALIBIT’s business and Services.

Where a service provider processes personal information on SCALIBIT’s behalf, SCALIBIT will address the relationship in accordance with applicable data-protection law and the nature of the processing. Nothing in this Section requires SCALIBIT to publicly disclose confidential commercial terms, security arrangements, or non-public supplier relationships except where disclosure is required by applicable law or an applicable privacy obligation.

Where a Customer submits payment information directly through an independent payment provider’s interface, that provider may process payment information under its own privacy and security terms. SCALIBIT’s handling of payment information is also subject to Section 17 and the Privacy Notice.

11.7 Security of Personal Information

SCALIBIT uses reasonable administrative, technical, and organizational measures appropriate to the nature of personal information processed in SCALIBIT’s own systems and the risks associated with that processing.

No security system or method of transmission, storage, or processing can eliminate all risk of unauthorized access, loss, misuse, alteration, disclosure, or other security incident. Nothing in this Section creates a guarantee that a security incident can never occur.

The Customer remains separately responsible for security of the Customer-controlled Server Environment, Server Administrative Access Information, applications, workloads, and other Customer-controlled systems as provided in Sections 1 and 5.

11.8 Privacy Rights and Requests

Individuals may have rights concerning personal information under applicable data-protection law, including rights of access, correction, deletion, restriction, objection, portability, or appeal where and to the extent such rights apply.

Requests concerning personal information processed by SCALIBIT in its own capacity should be submitted using the privacy contact or procedure identified in the Privacy Notice. SCALIBIT may take reasonable steps to verify a requester’s identity, authority, or entitlement before acting on a privacy request.

Where a request concerns personal information controlled by the Customer within the Customer’s own Server Environment or business activities, the Customer remains responsible for responding to the request to the extent required by applicable law. An individual’s submission of a request to SCALIBIT does not require SCALIBIT to obtain access to Customer Content or administer the Customer’s Server Environment in order to respond on the Customer’s behalf.

11.9 Retention and Legal Requirements

SCALIBIT may retain personal information for periods reasonably necessary for the purposes described in the Privacy Notice, including Account and Service administration, billing and payment requirements, security, fraud prevention, dispute resolution, enforcement of contractual rights, legal compliance, and other legitimate business purposes.

Retention periods may vary according to the category of information, purpose of processing, applicable legal requirements, contractual needs, security considerations, and other relevant circumstances. This Agreement does not guarantee retention of any particular category of information for a specific period unless expressly stated otherwise.

Where information must be preserved or disclosed in response to legal process, the applicable requirements of Section 20 also apply.

11.10 Relationship to Customer Content

This Section governs privacy and data-protection matters concerning personal information processed in connection with the Parties’ relationship and does not expand SCALIBIT’s access to Customer Content or Customer-operated applications and workloads.

The ownership, control, permitted use, End User responsibility, and other contractual treatment of Customer Content are governed by the Customer Content provisions of this Agreement.

12. BACKUPS; DATA LOSS; REINSTALLATION & DEPROVISIONING

12.1 No Backup or Data-Recovery Service

SCALIBIT does not provide backup, snapshot, archival, replication, restore, disaster-recovery, or data-recovery services as part of the Dedicated Server or GPU Server Services provided under this Agreement. SCALIBIT does not create or maintain backup copies of the Server Environment or Customer Content for the Customer.

The Customer is solely responsible for creating, maintaining, verifying, protecting, and testing all backups and recovery procedures necessary for the Customer’s use of the Services. Backups should be maintained independently from the affected Service and in a manner appropriate to the importance, sensitivity, criticality, and recovery requirements of the Customer’s workloads and Customer Content.

The Customer must not rely on SCALIBIT, the physical server, an individual storage device, a storage array, RAID, redundant hardware, or continued availability of an active Service as the Customer’s sole means of preserving Customer Content.

12.2 Hardware and Storage Failure

Physical storage devices and other hardware components may fail, degrade, become corrupted, or become inaccessible without advance warning. A failure involving an SSD, NVMe device, hard drive, storage controller, RAID controller, motherboard, power system, memory, or other component may result in partial or complete loss, corruption, or unavailability of Customer Content.

Repair or replacement of failed hardware restores or replaces the affected physical component and does not require SCALIBIT to recover, reconstruct, recreate, or restore Customer Content that was stored on the failed or affected hardware.

SCALIBIT does not provide forensic, logical, or other data-recovery services for failed, corrupted, damaged, inaccessible, reformatted, overwritten, or otherwise affected storage devices. The availability of a technical method that might potentially recover some data does not create an obligation for SCALIBIT to perform or obtain such recovery.

12.3 RAID, Redundancy and High Availability Are Not Backups

RAID, mirrored storage, redundant storage devices, redundant power supplies, network redundancy, failover arrangements, or other redundancy or availability features are intended to reduce certain risks of interruption or hardware failure and do not constitute a backup of Customer Content.

RAID or another redundant configuration may fail, become degraded, experience multiple-device failure, suffer controller or configuration failure, propagate corruption or deletion, or otherwise fail to preserve Customer Content. The Customer remains responsible for maintaining independent backups regardless of any redundancy available with the Service.

12.4 Customer Responsibility Before Technical or Destructive Operations

Before requesting or authorizing an operating-system installation or reinstallation, reimaging, reprovisioning, storage initialization, RAID reconfiguration, storage-device replacement, partitioning change, filesystem change, or another operation that may affect existing data, the Customer must create and verify any backup required to preserve Customer Content and configurations the Customer wishes to retain.

SCALIBIT is not required to verify the existence, completeness, integrity, usability, or current status of the Customer’s backups before performing a Customer-requested technical operation. A statement by the Customer that required backups have been completed may be relied upon by SCALIBIT without independently validating those backups.

12.5 Operating-System Reinstallation, Reimaging and Reprovisioning

Operating-system installation or reinstallation, reimaging, reprovisioning, storage initialization, and similar procedures may overwrite, reformat, repartition, initialize, erase, or otherwise alter storage devices and may permanently delete or render existing Customer Content and configurations unrecoverable.

Unless SCALIBIT expressly states that a particular procedure is non-destructive, the Customer must treat a request for operating-system reinstallation, reimaging, reprovisioning, storage initialization, or similar rebuilding of a Service as a potentially destructive operation.

A Customer request or authorization for such an operation authorizes SCALIBIT to perform the technical steps reasonably necessary to complete the requested procedure, including actions that may overwrite or remove the existing operating system, partitions, filesystems, configurations, and data on affected storage devices.

Following a reinstallation, reimage, reprovisioning, or other rebuilding procedure, the Customer is responsible for restoring, reinstalling, reconfiguring, securing, and validating the Server Environment and Customer Content required for the Customer’s continued use of the Service.

12.6 Suspension and Customer Data

Suspension of a Service does not, by itself, constitute cancellation, termination, deprovisioning, or deletion of Customer Content. A suspended Service may remain allocated while access, connectivity, or other Service functions are restricted in accordance with this Agreement.

Suspension does not give the Customer a right to access or retrieve Customer Content while the Service remains suspended and does not suspend the Customer’s responsibility to maintain independent backups. The consequences of a suspension, including restoration of access and any continuing payment obligations, are governed by the applicable Billing, Abuse, Suspension, and Termination provisions of this Agreement.

12.7 Cancellation, Expiration, Termination and Deprovisioning

The Customer is responsible for copying or otherwise securing all Customer Content that the Customer wishes to retain before the effective cancellation, expiration, termination, or other end of an applicable Service.

When a Dedicated Server or GPU Server is deprovisioned following cancellation, expiration, termination, Service discontinuation, or another event ending the Customer’s right to use the Service, SCALIBIT may release and recycle the physical server, storage devices, and other resources previously assigned to that Service.

As part of deprovisioning and recycling, storage devices may be erased, reformatted, reinitialized, repartitioned, reimaged, overwritten, reassigned, replaced, or otherwise prepared for subsequent operational use. Customer Content remaining on the affected Service may therefore be permanently deleted or rendered unrecoverable.

After deprovisioning begins, SCALIBIT does not guarantee that the prior Server Environment, storage configuration, or Customer Content can be restored, retrieved, reconstructed, or made available to the Customer. SCALIBIT has no obligation to retain a deprovisioned server or storage device for the purpose of allowing later Customer retrieval unless SCALIBIT expressly agrees otherwise in writing or applicable law requires otherwise.

Submission of a future-dated cancellation request does not, by itself, require immediate deletion of the Service before the cancellation becomes effective. The timing and effectiveness of Customer cancellation are governed by the Billing and Cancellation provisions of this Agreement.

12.8 No Assumption of Recoverability

The Customer must not assume that Customer Content can be recovered merely because a physical server or storage device previously existed, a Service was recently suspended or terminated, a replacement storage device has not yet been installed, or a particular deletion, reformatting, or recycling operation may not yet have been confirmed to the Customer.

The Customer’s protection against data loss is the Customer’s own independent backup and recovery system. No statement, technical possibility, temporary retention condition, troubleshooting activity, or other circumstance creates a backup or data-recovery obligation for SCALIBIT unless SCALIBIT expressly agrees to provide such a service in a separate written Service Order.

13. OPERATING SYSTEMS; THIRD-PARTY SOFTWARE & LICENSES

13.1 Operating-System and Software Availability

SCALIBIT may make available operating-system images, installation options, software licenses, control panels, drivers, utilities, repositories, or other third-party software or optional components for use with certain Dedicated Servers or GPU Servers. Availability may vary according to the Service, hardware configuration, Service Location, operating system, technical compatibility, licensing eligibility, and the requirements or availability of the applicable vendor or licensor.

The availability of an operating system, distribution, version, edition, architecture, installation image, software product, license, or other component at the time of an initial Service Order does not require SCALIBIT to continue offering the same item indefinitely or to make it available for every future installation, reinstallation, reprovisioning, hardware replacement, upgrade, or new Service.

Operating-system and software availability may change because of product discontinuation, End-of-Life status, removal or unavailability of installation media or repositories, licensing changes, security concerns, hardware or driver compatibility, vendor requirements, technical changes, or other circumstances affecting continued availability or use.

13.2 Operating-System Installation

As part of standard initial provisioning, SCALIBIT installs the operating system selected by the Customer from the installation options presented for the applicable Service, unless the Customer expressly selects an available self-installation option under Section 1.2.

For Services on which SCALIBIT expressly makes another installation method available, the Customer may instead select a supported self-installation method or, where offered, a Customer-provided installation image or ISO. The availability and operation of any self-installation or out-of-band management method are governed by Section 1.2 and the applicable Service Order.

Installation or provisioning of an operating system by SCALIBIT does not make SCALIBIT responsible for the administration, configuration, updating, patching, security, operation, maintenance, or management of that operating system after the Service is delivered. Those responsibilities are governed by Sections 1 and 5.

Operating-system installation, reinstallation, and reprovisioning may be destructive. The backup and data-loss consequences of such operations are governed by Section 12.

13.3 End-of-Life and Unsupported Operating Systems

An operating system or software version may reach End of Life (“EOL”), End of Support, or another lifecycle status under which its developer, vendor, project, or maintainers no longer provide security updates, bug fixes, repositories, drivers, compatibility updates, or technical support.

SCALIBIT is not required to continue offering, provisioning, reinstalling, storing installation media for, or maintaining installation methods for an operating system or software version that has reached EOL, has been discontinued, is no longer reasonably available, or is no longer reasonably compatible with the applicable Service.

The continued operation of an existing EOL, legacy, obsolete, or otherwise unsupported operating system is not, by itself, prohibited under this Agreement. However, the Customer assumes the security, compatibility, maintenance, availability, and operational risks associated with continuing to use unsupported software.

SCALIBIT may stop offering an EOL or obsolete operating system for new installations or reinstallations even if an existing Customer continues to operate that version on an already provisioned Service.

13.4 Hardware Changes and Operating-System Compatibility

Hardware repair, component replacement, complete server replacement, firmware changes, or other hardware changes permitted under Section 7 may result in different processors, storage controllers, network interfaces, chipsets, GPUs, firmware, drivers, or other hardware characteristics.

SCALIBIT does not guarantee that an EOL, legacy, obsolete, or otherwise unsupported operating system will remain compatible with repaired, replaced, or changed hardware.

Where an operating system can no longer reasonably operate on replacement or changed hardware, the Customer may be required to install or migrate to an available and reasonably compatible operating-system version. The inability of legacy or unsupported software to operate on replacement hardware does not, by itself, mean that the underlying physical Service has been materially reduced or improperly replaced.

13.5 Third-Party Software and License Terms

Operating systems, control panels, commercial software, open-source software, drivers, utilities, and other third-party software are owned, licensed, developed, or maintained by their respective vendors, licensors, authors, projects, or other rights holders. They may be subject to separate license agreements, subscription terms, acceptable-use requirements, technical restrictions, open-source licenses, eligibility requirements, or other terms established by the applicable rights holder.

The Customer is responsible for complying with all applicable third-party terms governing software installed, licensed, or used through the Service, whether the applicable software or license is obtained through SCALIBIT or independently by the Customer.

Where acceptance of a third-party license or other vendor term is required for activation or continued use, the Customer’s use of the applicable software is subject to those terms in addition to this Agreement. SCALIBIT’s installation, provisioning, billing, resale, or other facilitation of a third-party software license does not transfer ownership of that software to SCALIBIT or the Customer.

13.6 License Association and Service Changes

A software or operating-system license made available through SCALIBIT may be associated with a particular Service, physical server, IPv4 or IPv6 address, operating system, hardware configuration, processor or CPU-core count, GPU count, Service Location, Account, or another identifier or licensing condition required by the applicable vendor or licensing system.

A hardware replacement, Network Resource change, operating-system installation or reinstallation, reimaging, reprovisioning, Service Location change, hardware upgrade, or other material Service change may require reactivation, reassignment, reissuance, relicensing, replacement, or termination of an associated third-party license.

Where technically and contractually supported by the applicable licensing system, SCALIBIT may assist with provisioning or reassignment of a license supplied through SCALIBIT. The Customer has no right to require transfer of a license to a different server, Network Resource, operating system, hardware configuration, Service Location, edition, product tier, or licensing model where the applicable license does not permit or support that transfer.

13.7 Third-Party Pricing and Commercial Changes

The price and availability of third-party software and licenses may depend on vendor or licensor pricing, licensing models, product tiers, hardware classifications, processor or CPU-core counts, GPU counts, eligibility requirements, taxes, and other commercial or technical conditions established by the applicable third party.

If a third-party vendor or licensor changes the price, licensing model, product classification, eligibility requirements, technical requirements, or other material commercial terms applicable to a software product or license provided through SCALIBIT, SCALIBIT may adjust the future price, terms, or availability of the affected software or license. Any Customer-facing price change will be handled in accordance with the applicable Billing provisions and Service Order.

The Customer does not acquire a contractual right to the indefinite continuation of a particular third-party software product, edition, license type, licensing model, vendor program, or price merely because it was available or purchased during an earlier billing period.

13.8 Vendor Discontinuation and External Dependencies

A third-party vendor, licensor, software project, or other rights holder may independently discontinue or change a software product, operating-system version, edition, license type, repository, update channel, activation method, feature, support program, eligibility rule, or technical requirement.

Where continued provision of third-party software or a license becomes unavailable or commercially, legally, or technically impracticable because of such a change, SCALIBIT may discontinue the affected software or license. Where reasonably practicable, SCALIBIT may offer an available alternative, but is not required to provide a functionally identical replacement where no such replacement is reasonably available.

Discontinuation of optional or ancillary third-party software does not, by itself, require termination of the underlying Dedicated Server or GPU Server if the underlying Service can reasonably continue without that software or license.

Activation, validation, license verification, software updates, package repositories, downloads, vendor APIs, and similar functions may depend on systems operated by independent third parties. SCALIBIT does not control the continued operation or availability of those independent systems.

13.9 Customer-Provided Software and Licenses

Subject to this Agreement, applicable law, technical compatibility, and applicable third-party licensing terms, the Customer may install operating systems, software, and licenses independently obtained by the Customer.

The Customer is responsible for obtaining and maintaining all rights, licenses, subscriptions, activations, entitlements, and other permissions required for Customer-provided or independently licensed software. SCALIBIT is not responsible for purchasing, renewing, licensing, activating, maintaining, updating, or supporting software or licenses independently obtained by the Customer unless SCALIBIT expressly agrees to provide a specific function for the applicable item.

13.10 End of SCALIBIT-Provided Software Licenses

Unless the applicable Service Order or third-party license terms expressly provide otherwise, a software or operating-system license supplied through SCALIBIT for use with a particular Service is associated with that Service and does not create an independently transferable, assignable, or perpetual license right for the Customer.

Upon cancellation, expiration, termination, deprovisioning, or permanent discontinuation of the associated Service, SCALIBIT may terminate, release, deactivate, revoke, or discontinue the associated software license in accordance with the applicable licensing arrangement.

Termination or deactivation of a SCALIBIT-provided license does not create an obligation for SCALIBIT to preserve, export, convert, or restore Customer-controlled configurations or data associated with the affected software. The Customer must preserve any required information before deprovisioning in accordance with Section 12.

14. ACCEPTABLE USE; ANTI-SPAM & CUSTOMER COMPLIANCE

14.1 Lawful and Permitted Use

The Customer must use the Services in compliance with this Agreement, the Acceptable Use Policy, the Anti-Spam Policy, any other incorporated policy applicable to the affected Service or activity, and applicable law.

The Customer must not use, permit, enable, or knowingly allow the Services or assigned Network Resources to be used for activity prohibited by the applicable incorporated policies. Detailed categories of prohibited, restricted, and conditionally permitted activity are governed by the Acceptable Use Policy and other applicable service-specific policies rather than being restated in this Agreement.

The Customer must not use a technical configuration, proxy, relay, tunnel, virtual machine, container, VPN, alternate protocol, third-party service, automation, distributed system, or other method for the purpose of concealing, facilitating, continuing, or circumventing activity that would otherwise violate this Agreement or an applicable incorporated policy.

14.2 Authorized Users, End Users and Downstream Use

The Customer must take reasonable measures to ensure that Authorized Users, End Users, customers, employees, contractors, applications, automated systems, and other persons or systems permitted by the Customer to use the Services comply with this Agreement and the applicable incorporated policies.

The Customer may resell, sublicense access to, host for third parties on, or otherwise incorporate the Services into the Customer’s own products or services only where the applicable Service permits such use and only subject to this Agreement. The Customer remains SCALIBIT’s contractual counterparty and remains responsible to SCALIBIT for compliance relating to the Customer’s Service.

An End User or other downstream user does not become a customer of SCALIBIT merely because the Customer permits that person to use a system, website, application, platform, or other service operated through the Services. Unless SCALIBIT expressly agrees otherwise, SCALIBIT has no obligation to provide technical support, billing support, Account access, or other customer-service functions directly to the Customer’s End Users.

14.3 Customer-Operated Email and Messaging

SCALIBIT does not provide a managed or hosted email service as part of the Dedicated Server or GPU Server Services. The Customer may operate mail-transfer software, mail servers, messaging systems, or other communications applications through the Server Environment where permitted by the applicable Service and policies.

Any Customer-operated email or messaging activity is subject to the Anti-Spam Policy, the Acceptable Use Policy, applicable law, and applicable technical requirements. The Customer is responsible for the configuration, security, authentication, reputation management, mailing practices, recipient authorization, and operation of Customer-controlled mail and messaging systems.

Assignment of an IPv4 or IPv6 address, configuration of reverse DNS, availability of an SMTP port, or technical ability to transmit email does not constitute approval of a mailing practice and does not guarantee delivery, inbox placement, sender reputation, acceptance by a receiving provider, removal from a blocklist, or continued availability of a third-party messaging service.

14.4 Security Incidents and Compromised Services

If prohibited or harmful activity results from a compromised Server Environment, unauthorized access, malware, exploitation, stolen or misused Server Administrative Access Information, a compromised account or application, or another security incident affecting a Customer-controlled system, the Customer remains contractually responsible as provided in Sections 1 and 5.

The fact that the Customer did not personally initiate, authorize, intend, know of, participate in, or perform the activity does not excuse, reduce, transfer, or eliminate the Customer’s contractual responsibility or the Customer’s obligation to secure the affected Service, stop the activity, remediate the underlying condition, restore the Service to compliance, and prevent continued or recurring misuse.

SCALIBIT’s handling of abuse reports, security events, urgent network threats, remediation requirements, filtering, null-routing, suspension, and other protective or enforcement measures is governed by Section 15.

14.5 No Approval Through Availability or Non-Enforcement

The technical ability to perform an activity through the Services does not mean that SCALIBIT has approved, authorized, reviewed, or determined that activity to be lawful or compliant with this Agreement.

Provisioning or continuing a Service, assigning Network Resources, responding to a Support Ticket, or providing Service-related technical assistance does not constitute approval or endorsement of the Customer’s use, applications, workloads, business model, End Users, or activities.

SCALIBIT’s failure to detect, receive a report concerning, investigate, or take immediate action against a particular activity does not constitute permission for that activity, a waiver of the applicable contractual requirement, or an obligation to permit the activity to continue.

14.6 Customer Cooperation and Remediation

The Customer must reasonably cooperate with SCALIBIT when action is required to address a substantiated violation, security condition, network threat, or other issue affecting compliance with this Agreement or the applicable incorporated policies.

Where remediation requires action within the Customer-controlled Server Environment, the Customer is responsible for performing the required corrective action within a reasonable period appropriate to the nature and urgency of the issue. SCALIBIT is not required to administer or modify Customer-controlled applications, software, configurations, or Customer Content in order to cure the Customer’s violation.

Nothing in this Section requires SCALIBIT to monitor Customer Content or Customer activity for compliance. SCALIBIT may respond to reports, technical conditions, security events, or other information that comes to its attention in accordance with the Abuse and Enforcement provisions of this Agreement.

15. ABUSE REPORTS; SECURITY EVENTS & ENFORCEMENT

15.1 Abuse Reports and Security Events

SCALIBIT may receive abuse reports, security notifications, network complaints, legal notices, or other information concerning activity associated with a Service or assigned Network Resource. SCALIBIT may also become aware of technical conditions affecting the security, stability, integrity, or lawful operation of a Service or network.

Security notifications under this Section may include vulnerability, exposure, compromise, or remediation notices issued by a governmental or regulatory authority, a national or sectoral cybersecurity authority, a computer emergency response team (CERT), a computer security incident response team (CSIRT), or another competent security body, including a body exercising cybersecurity or network-security functions in the applicable Service Location. Such a notice may identify, without limitation, an exposed or unnecessarily accessible port, protocol, or network service, a known software vulnerability, insecure or unsupported software or service, an insecure configuration, malware infection, system compromise, or another technical condition associated with a Service or assigned Network Resource that may create or contribute to a material security, network, abuse, legal, or operational risk.

Receipt of an allegation or complaint does not, by itself, establish that the reported activity occurred or that a violation of this Agreement has been established. SCALIBIT may evaluate the information reasonably available to determine whether technical investigation, Customer response, remediation, protective action, or other action under this Agreement is appropriate.

SCALIBIT is not required to resolve private disputes between the Customer and a complainant or to determine civil or criminal liability between third parties. Where a matter requires determination by a court, governmental authority, rights holder, network operator, or other competent party, SCALIBIT may take reasonable interim measures necessary to protect the Services or comply with its own legal or contractual obligations without adjudicating the underlying dispute.

15.2 Customer Notification and Response

Where reasonably practicable and appropriate to the circumstances, SCALIBIT may notify the Customer of an abuse report, security notification, vulnerability, exposed service or port, security condition, or other compliance issue affecting the Customer’s Service and may request or require information, corrective action, remediation, or confirmation that the affected condition has been addressed. Where SCALIBIT reasonably determines from a substantiated security notification or other reasonably reliable technical information that corrective action is necessary to address a material vulnerability, exposure, compromise, or other security condition, the Customer must complete the required remediation within the period reasonably specified by SCALIBIT and must provide reasonable confirmation of completion where requested.

SCALIBIT may provide the Customer with information reasonably necessary to identify and remediate the reported issue, subject to applicable law, security considerations, confidentiality obligations, and any restriction applicable to the information received. SCALIBIT is not required to disclose the identity of a complainant, confidential information, privileged information, security-sensitive information, or information that SCALIBIT is prohibited or reasonably unable to disclose.

The Customer must respond within the period reasonably specified by SCALIBIT, taking into account the nature, severity, urgency, recurrence, and technical impact of the issue. A shorter response or remediation period may be required where continued activity presents an immediate or material security, legal, abuse, network, or operational risk.

15.3 Customer Remediation

Where corrective action is required within the Customer-controlled Server Environment, the Customer is responsible for identifying and correcting the underlying cause and for stopping, containing, and preventing continued or recurring prohibited or harmful activity.

Remediation may require the Customer to secure a compromised system, revoke unauthorized access, correct insecure configurations, close, disable, filter, block through firewall rules, or otherwise restrict an exposed port, protocol, or network service, disable or remove affected or vulnerable software or services, stop prohibited or harmful traffic, update or patch vulnerable software, remove malicious software, change access information, restrict access, upgrade or replace unsupported components, or take other reasonable corrective measures appropriate to the nature and severity of the affected condition.

SCALIBIT may require reasonable evidence or confirmation that material remediation has been completed before restoring a Service or Network Resource that was restricted because of the affected condition. SCALIBIT is not required to administer, inspect, modify, or repair Customer-controlled applications, software, configurations, or Customer Content in order to complete the Customer’s remediation obligations.

15.4 Immediate Protective Action

SCALIBIT may take immediate protective action without prior notice where reasonably necessary to address an active attack, material security threat, network disruption, prohibited traffic, ongoing abuse, risk to other customers or third parties, legal requirement, or other condition requiring prompt intervention.

Protective action may include traffic filtering, rate limiting, blocking or restricting an affected port, protocol, network service, or traffic flow, routing changes, null-routing an affected IPv4 address, IPv6 address, subnet, or other Network Resource, disabling or restricting affected Network Resources, isolating or disabling network connectivity to the affected Service, temporarily restricting access to the Service, suspending the affected Service, or taking another technically reasonable measure appropriate to the condition being addressed.

Where reasonably practicable, SCALIBIT will limit protective action to the affected Service, Network Resource, traffic, function, or condition. SCALIBIT may apply broader measures where narrower action would not reasonably contain the threat, prevent continued harm, satisfy a legal requirement, or protect the affected systems or networks.

15.5 Failure to Remediate; Repeated or Serious Violations

If the Customer fails to respond to or remediate a material issue within the period reasonably required by SCALIBIT, SCALIBIT may continue, expand, or impose reasonable restrictions on the affected Service or Network Resources until the issue has been adequately addressed.

Repeated violations, repeated security incidents resulting from materially inadequate remediation, intentional circumvention of protective measures, materially false or misleading responses concerning an abuse matter, or serious violations presenting substantial legal, security, network, or third-party risk may result in suspension or termination of the affected Service in accordance with the Suspension and Termination provisions of this Agreement.

SCALIBIT is not required to provide repeated cure opportunities for substantially similar violations where previous notices or remediation requirements have failed to prevent recurrence, or where the nature or severity of the conduct reasonably requires immediate suspension or termination.

15.6 Restoration Following Protective Action

Where a Service or Network Resource has been restricted or suspended for an abuse or security condition, SCALIBIT may restore the affected function after the underlying issue has been reasonably resolved and any required Customer remediation has been completed.

Restoration may require technical reconfiguration, routing changes, replacement or reassignment of a Network Resource, or other measures reasonably necessary to return the affected Service to operation. SCALIBIT is not required to restore the exact prior routing, IPv4 or IPv6 address, network condition, or technical configuration where continued use of that prior arrangement would recreate or materially increase the relevant risk.

Restoration of a Service does not waive a prior violation, prevent SCALIBIT from responding to a later recurrence, or require SCALIBIT to restore a Service that has already been validly terminated under this Agreement.

15.7 Abuse-Related and Extraordinary Remediation Costs

SCALIBIT does not impose a fixed contractual fine merely because an abuse report or security complaint is received.

However, where Customer activity or a condition within a Customer-controlled Service directly causes SCALIBIT to incur an actual third-party charge or extraordinary remediation cost beyond ordinary technical support and routine Service administration, SCALIBIT may charge the Customer the reasonable and documented amount directly attributable to the affected matter.

Such charges may include actual third-party abuse-processing, emergency technical, network-remediation, specialized intervention, or similar costs imposed on SCALIBIT because of the affected Service, but do not include arbitrary penalties or amounts unrelated to costs actually incurred.

SCALIBIT will not charge the Customer merely for receiving, reviewing, or forwarding an ordinary abuse report where no separately chargeable cost has actually been incurred. Any amount properly chargeable under this Section is treated as an amount due under the Billing provisions of this Agreement.

15.8 No General Monitoring Obligation

Nothing in this Section requires SCALIBIT to monitor Customer Content, Customer-operated applications, workloads, or Customer activity for possible violations. SCALIBIT may act on abuse reports, security notifications, network conditions, legal notices, technical events, or other information that comes to its attention without assuming a general duty to search for or prevent Customer violations.

SCALIBIT’s investigation of a Service-related network, security, or abuse condition does not create an obligation to inspect or administer Customer Content or Customer-controlled applications and does not convert the Service into a managed or monitored service.

16. COPYRIGHT, DMCA & OTHER INTELLECTUAL PROPERTY CLAIMS

16.1 Intellectual Property Compliance

The Customer must not use or permit the Services to be used to infringe, misappropriate, or unlawfully facilitate infringement of copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights.

The Customer is responsible for obtaining and maintaining the rights, licenses, permissions, and authorizations required for software, media, data, materials, applications, workloads, and other Customer-controlled items used through the Services.

The availability of a Service, Network Resource, software installation method, technical capability, or other SCALIBIT-provided function does not constitute a determination that the Customer’s use of any third-party material or technology is authorized or non-infringing.

16.2 Copyright and DMCA Procedures

SCALIBIT maintains procedures for addressing notifications of claimed copyright infringement under the Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. § 512, to the extent applicable to SCALIBIT, the affected Service, and the particular circumstances.

The current procedures and requirements for submitting a copyright notification or counter-notification, together with any applicable DMCA Designated Agent information, are published in SCALIBIT’s DMCA Copyright Policy. Those procedural details may be updated as necessary without requiring amendment of this Agreement.

Nothing in this Agreement represents or guarantees that SCALIBIT, a particular Service, or a particular activity qualifies for a specific statutory safe harbor, immunity, intermediary-liability limitation, or other legal protection in every circumstance. Any such protection depends on applicable law and the relevant facts.

16.3 Customer Response to Copyright Claims

Where SCALIBIT receives a copyright complaint or other intellectual-property claim reasonably associated with a Service provided to the Customer or an assigned Network Resource, SCALIBIT may provide the Customer with information reasonably necessary to identify and respond to the claim, subject to applicable law and any applicable confidentiality or disclosure restriction.

The Customer must reasonably cooperate with a valid remediation request and must take any action within the Customer-controlled Server Environment that is reasonably required to stop or address activity determined or reasonably established to violate this Agreement or applicable law.

Where the Customer disputes a copyright claim and an applicable counter-notification, objection, or other legal process is available, the Customer may use the applicable procedure described in SCALIBIT’s DMCA Copyright Policy or otherwise available under applicable law. SCALIBIT is not responsible for adjudicating ownership of intellectual-property rights or resolving the underlying legal dispute between the Customer and a claimant.

16.4 Service-Level Action

Because the Services are unmanaged and Customer Content remains under the Customer’s control, SCALIBIT does not administer or modify Customer Content on the Customer’s behalf in response to an intellectual-property complaint. Where removal, disablement, or another change within the Server Environment is required, the Customer is responsible for performing that action.

Where the Customer does not timely address a substantiated infringement matter, where repeated infringement occurs, or where immediate action is reasonably necessary to comply with applicable law or protect SCALIBIT from material legal or operational risk, SCALIBIT may restrict, suspend, null-route, or terminate the affected Service or Network Resource in accordance with this Agreement.

Such Service-level action does not require SCALIBIT to access, inspect, remove, alter, or otherwise administer the Customer Content alleged to be infringing.

16.5 Repeat Infringement

SCALIBIT may suspend or terminate Services of Customers associated with repeated copyright infringement or repeated material violations of intellectual-property rights where termination or other enforcement is appropriate in the circumstances.

In evaluating repeated infringement, SCALIBIT may consider substantiated notices, valid legal determinations, Customer responses, counter-notifications or other applicable objections, recurrence, the nature and severity of the reported conduct, and other reasonably relevant information available to SCALIBIT. Receipt of multiple unsupported or duplicative allegations does not automatically establish repeated infringement.

16.6 Claims Other Than Copyright

The DMCA applies to copyright claims and does not automatically govern trademark, patent, trade-secret, unfair-competition, contractual, or other non-copyright disputes. Such claims may be addressed under the Acceptable Use Policy, Section 15, applicable law, a binding legal order, or another procedure appropriate to the particular claim.

SCALIBIT is not required to determine the merits of a disputed non-copyright intellectual-property claim merely because a complaint is submitted. SCALIBIT may require the claimant or Customer to pursue an appropriate legal process where the asserted rights or requested remedy cannot reasonably be determined from the information available to SCALIBIT.

17. BILLING; PAYMENT; RENEWAL & CANCELLATION

17.1 Fees and Billing Currency

The Customer must pay all fees applicable to the Services in accordance with the applicable Service Order, invoice, and this Agreement. Unless SCALIBIT expressly states otherwise, Services are prepaid and fees are billed in advance of the applicable Service period.

Unless otherwise expressly stated in the applicable Service Order or invoice, fees are denominated and payable in United States Dollars (USD). The Customer is responsible for any currency-conversion cost, exchange-rate difference, or other charge imposed by the Customer’s bank, payment provider, or financial institution.

The price applicable to a Service may include recurring Service fees and separately identified one-time, setup, installation, license, upgrade, additional-resource, usage-based, or other charges applicable to the Service. A fee does not recur unless the applicable Service Order, invoice, product terms, or nature of the charge identifies it as recurring.

17.2 Invoices and Due Dates

SCALIBIT may issue invoices electronically through the Client Area and may send invoice or billing notifications to the registered email address associated with the Account. The Customer is responsible for reviewing the Client Area and registered email address for invoices, renewal notices, payment reminders, and other billing communications.

Each invoice identifies the applicable amount and payment due date. The Customer must ensure that the full amount due is received by SCALIBIT no later than the stated due date unless SCALIBIT expressly agrees in writing to a different payment arrangement.

Failure to receive, open, read, or act upon an invoice or billing notification does not extend the invoice due date or relieve the Customer of the obligation to pay amounts properly due, provided that the applicable invoice has been made available through the Client Area or otherwise properly issued in accordance with this Agreement.

17.3 Payment Methods and Third-Party Payment Processing

SCALIBIT may make one or more payment methods available from time to time. Available payment methods may vary according to the Customer, transaction, currency, jurisdiction, amount, risk assessment, payment provider, or other applicable circumstances. SCALIBIT is not required to maintain every payment method indefinitely.

Payments may be processed through independent banks, payment processors, card networks, financial institutions, or other payment-service providers and may be subject to their separate terms, security procedures, processing times, transaction limits, or availability.

Where payment-card or similar payment information is submitted directly to a third-party payment processor through its payment interface, SCALIBIT does not ordinarily receive or store the Customer’s complete payment-card number, card verification value (CVV/CVC), or password used to access the Customer’s external payment account. Information processed by SCALIBIT in connection with billing and payments is handled as described in the applicable Privacy Notice.

17.4 Bank Transfer, EFT and SWIFT Payments

For payment by bank transfer, EFT, wire transfer, or SWIFT, the full invoiced amount must be received and credited to SCALIBIT’s designated account. The Customer is responsible for all outgoing, intermediary, correspondent, SWIFT, transfer, conversion, and other banking charges associated with the payment. Such charges must not be deducted from the amount due to SCALIBIT.

For SWIFT payments, the Customer must select the OUR charge option, or another available charge arrangement having the same effect, so that transfer, intermediary, and correspondent-bank charges are borne by the sender and the full invoice amount is credited to SCALIBIT.

A payment instruction for the full invoice amount does not satisfy the invoice if bank or intermediary charges result in a lesser amount being credited to SCALIBIT. Any resulting difference remains outstanding and payable on the applicable invoice unless SCALIBIT expressly waives that difference in writing.

The Customer is responsible for using the correct payment instructions, account information, currency, payment reference, and other information identified by SCALIBIT for the applicable transfer. SCALIBIT is not responsible for delay, rejection, misdirection, conversion, or loss caused by incorrect payment instructions supplied by the Customer or by circumstances occurring within financial institutions before funds are credited to SCALIBIT.

17.5 When Payment Is Considered Received

A payment is considered received when the applicable funds have been successfully credited to SCALIBIT or confirmed as successfully settled through the applicable payment method, rather than merely when the Customer initiates or authorizes the payment.

A pending, processing, incomplete, rejected, reversed, disputed, recalled, cancelled, or otherwise unsettled transaction does not constitute completed payment. The Customer remains responsible for ensuring that amounts due are successfully received by SCALIBIT.

Where a payment method normally requires processing time, the Customer is responsible for initiating payment sufficiently in advance of the invoice due date to allow the payment to be received on time.

17.6 Taxes and Governmental Charges

Fees stated by SCALIBIT exclude applicable sales, use, value-added, withholding, transaction, excise, or similar taxes or governmental charges unless expressly stated otherwise. Where SCALIBIT is required to collect or charge an applicable tax, the amount may be added to the Customer’s invoice.

The Customer is responsible for taxes and governmental charges legally imposed on the Customer’s purchase or use of the Services, except for taxes based on SCALIBIT’s net income or other taxes that applicable law places solely on SCALIBIT.

If the Customer claims a valid tax exemption, the Customer must provide documentation reasonably required to establish the exemption before SCALIBIT is required to apply it.

17.7 Renewal

Unless the applicable Service Order expressly provides otherwise, a recurring Service renews for successive billing periods until cancelled or terminated in accordance with this Agreement.

SCALIBIT may generate a renewal invoice before the beginning of the next Service period. The Customer must pay the renewal invoice by its stated due date to maintain uninterrupted continuation of the Service.

Issuance of a renewal invoice does not prevent the Customer from submitting a valid cancellation request before the cancellation deadline applicable to the Service. The treatment of an invoice or payment where a timely cancellation request has been submitted is governed by this Section and the applicable Refund provisions.

The Customer must not rely solely on receipt of a renewal reminder to determine when a Service expires or payment becomes due. The current Service and billing information available through the Client Area and applicable invoices remains the Customer’s responsibility to review.

17.8 Pricing Changes

SCALIBIT may change the price of a recurring Service for a future renewal period because of changes in hardware, energy, network, IPv4 or IPv6 resource, software-license, vendor, regulatory, tax, currency, operational, market, or other costs or commercial conditions affecting the Service.

Unless a different pricing commitment is expressly stated in a Service Order, an accepted price applies to the prepaid Service period for which it was charged and does not guarantee the same renewal price indefinitely.

A pricing change for a future renewal will be communicated through the applicable invoice, Client Area, registered email address, or another reasonable electronic notice before the changed price becomes payable. If the Customer does not wish to renew at the changed price, the Customer may cancel the affected Service in accordance with Section 17.11 before the applicable cancellation deadline.

A Customer-requested upgrade, downgrade, additional resource, software license, billing-cycle change, or other accepted Service modification may result in a price change before the next ordinary renewal where the requested change becomes effective during the current Service period.

17.9 Promotional and Special Pricing

Promotional, introductory, negotiated, discounted, or other special pricing applies only for the period, Service, quantity, Customer, or conditions expressly stated when the pricing is offered. Unless expressly stated otherwise, special pricing does not create a right to the same pricing for future orders, additional Services, upgrades, or later renewal periods.

A promotion or discount may not be combined, transferred, duplicated, or used outside its stated conditions unless SCALIBIT expressly permits such use. SCALIBIT may correct or withdraw promotional pricing that was obtained through material misrepresentation, technical manipulation, duplicate use contrary to the offer terms, or another material circumvention of the stated promotion.

17.10 Late or Unpaid Amounts

An amount not fully received by its stated due date is overdue. SCALIBIT may issue payment reminders or provide a grace period, but doing so in one instance does not modify the original due date or create a contractual right to the same reminder, grace period, or delayed enforcement in another instance.

Failure to pay an amount when due may result in restriction, suspension, non-renewal, or termination of the affected Service as provided in the Suspension and Termination provisions of this Agreement.

Payment after suspension does not guarantee instantaneous restoration of the affected Service. Restoration may require confirmation of successful payment and reasonable technical or administrative processing. If the Service has already been validly terminated or deprovisioned, later payment does not require SCALIBIT to restore the former Service, hardware, Network Resources, Server Environment, or Customer Content.

17.11 Customer Cancellation

The Customer may cancel a Service by submitting a cancellation request through the designated Cancel Service function in the Client Area or by submitting a Support Ticket through the Client Area clearly identifying the Service to be cancelled and requesting cancellation.

A cancellation statement or request sent through ordinary email, telephone, live chat, messaging applications, social media, a sales inquiry, an external support channel, or another method not designated in the preceding paragraph does not constitute a valid cancellation request unless SCALIBIT expressly confirms in writing that the communication has been accepted as a cancellation request.

A discussion concerning possible cancellation, a request for pricing, a complaint, a statement that the Customer may discontinue a Service, failure to use the Service, non-payment of an invoice, or removal of Customer-controlled software does not constitute cancellation. The Customer remains responsible for submitting a valid cancellation request if the Customer wishes to prevent renewal.

The Customer is responsible for reviewing the Service identified in the cancellation request and the requested effective time before submission. A cancellation request applies only to the Service or Services reasonably identified by that request and does not automatically cancel other Services, Accounts, licenses, Network Resources, or add-ons unless they are expressly included or necessarily terminate with the cancelled Service.

17.12 Cancellation Effective Date and Renewal Prevention

Where the Client Area permits the Customer to select immediate cancellation or cancellation at the end of the current billing period, the cancellation becomes effective according to the option validly selected and accepted for the applicable Service.

To prevent renewal, the Customer must submit a valid cancellation request before any cancellation deadline expressly identified for the affected Service. Where no separate earlier cancellation deadline is expressly stated, the Customer must submit the cancellation request before the current Service period expires and before the next renewal becomes effective.

A cancellation request submitted after a Service has already renewed does not automatically reverse the completed renewal or create a right to a refund. Any refund or credit request relating to a renewed Service is governed by the Refund and Billing Dispute provisions of this Agreement.

Cancellation ends the Customer’s right to use the affected Service when the cancellation becomes effective. The Customer is responsible for securing any required Customer Content before that time in accordance with Section 12.

17.13 No Cancellation by Non-Payment

Failure to pay an invoice is not a valid method of cancelling a Service. An unpaid Service may be suspended, terminated, or deprovisioned under this Agreement, but the Customer remains responsible for amounts properly incurred before the effective termination of the Service.

The Customer should submit a valid cancellation request rather than allowing a Service to become overdue if the Customer does not wish the Service to renew.

17.14 Billing Communications and Customer Responsibility

SCALIBIT may communicate invoices, renewal information, payment reminders, pricing changes, and other billing matters electronically through the Client Area and the registered email address. The Customer is responsible for maintaining the registered email address and Account access as required by Section 3.

A billing reminder or courtesy notice does not replace the Customer’s responsibility to track active Services, billing periods, invoices, due dates, cancellation requests, and renewal status through the Client Area.

17.15 Collection of Unpaid Amounts

SCALIBIT may pursue overdue amounts through lawful internal collection procedures, third-party collection services, arbitration, litigation, or other remedies available under this Agreement or applicable law.

To the extent permitted by applicable law and the dispute-resolution provisions of this Agreement, the Customer is responsible for reasonable and documented third-party collection costs actually incurred by SCALIBIT in collecting an undisputed amount, or an amount finally determined to be due, that remains unpaid after its applicable due date. Any recovery of attorneys’ fees, court costs, or arbitration costs is governed by applicable law, Section 31, and any applicable final award or court order.

18. REFUNDS; CREDITS & BILLING DISPUTES

18.1 No General Money-Back Guarantee

Unless an applicable Service Order, promotional term, or SCALIBIT Refund Policy expressly provides otherwise, Dedicated Servers, GPU Servers, Network Resources, software licenses, setup or provisioning work, and other Services are not subject to a general trial period or money-back guarantee.

Because Services are prepaid and resources may be reserved, assigned, licensed, provisioned, configured, or otherwise committed for the Customer, fees properly charged for a Service that has been provisioned are not refundable merely because the Customer later decides not to use the Service, uses it only partially, changes its business plans, obtains replacement service elsewhere, or submits an early cancellation request.

Nothing in this Section limits a refund, credit, or other remedy that SCALIBIT expressly grants under an applicable Service Order, written SLA, Refund Policy, promotion, or mandatory applicable law.

18.2 Services SCALIBIT Does Not Provide

If SCALIBIT accepts payment for a Service Order but cannot provide the ordered Service and the Customer does not accept an available materially different alternative, SCALIBIT will refund amounts paid to SCALIBIT specifically for the unprovided Service, subject to any non-refundable third-party, licensing, procurement, transaction, or other cost properly incurred in connection with that order and subject to Section 18.4. Any approved monetary refund under this paragraph will be processed in accordance with Section 18.9.

If the Customer accepts an alternative Service because the originally requested Service or configuration is unavailable, the revised Service Order and its applicable price and terms will govern the affected Service. If the accepted alternative has a higher price, the Customer must pay the applicable additional amount before provisioning unless SCALIBIT expressly agrees otherwise. If the Customer has already paid for the originally requested Service and accepts a lower-priced alternative, the applicable price difference will ordinarily be applied to the Customer’s Account as Account credit for future eligible charges rather than processed as a partial monetary refund, unless SCALIBIT determines that another billing adjustment is appropriate or applicable law requires otherwise.

If only part of an accepted order cannot be provided and the remaining portion can reasonably be delivered independently, any refund, Account credit, or other billing adjustment may be limited to the portion that SCALIBIT does not provide.

Refunds or credits arising from discontinuation of an active Service by SCALIBIT without Customer breach are governed by the applicable Service Discontinuation provisions of this Agreement.

18.3 Duplicate Payments, Overpayments and Billing Errors

If the Customer makes a duplicate payment, pays more than the amount properly due, or is incorrectly charged because of a demonstrable SCALIBIT billing error, the resulting excess amount may be corrected by refund, Account credit, invoice adjustment, or another reasonable billing correction.

The Customer should notify SCALIBIT through a Support Ticket after discovering a suspected duplicate payment, overpayment, or billing error and should identify the applicable invoice, transaction, amount, and other information reasonably necessary to investigate the matter.

A billing correction does not require SCALIBIT to refund an amount that was properly due for another outstanding invoice or obligation where the Customer agrees or applicable law permits the amount to be applied against that obligation.

18.4 Third-Party, License, Setup and Procurement Costs

A charge may be non-refundable to the extent SCALIBIT has already incurred a non-recoverable third-party, licensing, registration, setup, procurement, customization, or other separately identified cost specifically for the Customer’s order.

Examples may include software or operating-system license charges, third-party activation or registration fees, specially procured hardware or components, or another item that cannot reasonably be cancelled, returned, reassigned, or refunded after SCALIBIT has committed the applicable cost.

SCALIBIT will not characterize an ordinary recurring Service fee as a non-refundable third-party cost merely because SCALIBIT itself incurs general operating expenses in providing the Service.

18.5 Customer Cancellation and Renewal Payments

A valid cancellation request stops or ends a Service in accordance with Section 17 but does not, by itself, create a right to refund prepaid fees for a Service period that has already begun or for resources already provisioned or committed for the Customer.

Where a Customer submits a valid cancellation request before a future renewal has become effective but a renewal payment has already been collected or credited to SCALIBIT for that uncommenced renewal period, the payment will be handled in accordance with the applicable Refund Policy and any non-refundable costs properly incurred for the renewal.

A cancellation request submitted after a renewal period has begun does not automatically reverse that renewal. Any refund or credit for the renewed period exists only where expressly provided by the applicable Refund Policy, Service Order, another provision of this Agreement, or applicable law.

18.6 Account Credits

SCALIBIT may issue Account credit instead of or in addition to a monetary refund where the Customer agrees, where the applicable Service terms provide for credit, or where a credit is otherwise an appropriate billing adjustment.

Unless SCALIBIT expressly states otherwise, Account credit may be used only for eligible charges billed through the same Customer Account, has no independent cash value, may not be sold or transferred to another person or Account, and is not redeemable for cash merely because it remains unused.

Promotional, goodwill, SLA, or other non-cash credits may be subject to additional limitations, expiration conditions, or eligible-use requirements stated when the credit is issued.

18.7 Billing Disputes

If the Customer reasonably believes that an invoice or charge is incorrect, the Customer should submit a billing dispute through a Support Ticket promptly after becoming aware of the disputed charge and provide sufficient information to identify the invoice, transaction, disputed amount, and basis of the dispute.

SCALIBIT will review a bona fide billing dispute using information reasonably available concerning the Account, Service Order, invoice, payment, Service status, and disputed transaction. SCALIBIT may request additional information reasonably necessary to evaluate the dispute.

A billing dispute concerning one charge does not suspend the Customer’s obligation to timely pay other undisputed amounts properly due. The Customer should not withhold payment of unrelated invoices or Services merely because another charge is disputed.

Submitting a billing dispute does not automatically suspend a due date, prevent expiration or suspension for an independently unpaid amount, or create a right to continued Service without payment unless SCALIBIT expressly confirms otherwise or applicable law requires otherwise.

18.8 Chargebacks, Payment Reversals and Payment Disputes

The Customer may exercise any legitimate payment-dispute or chargeback right available under applicable law and the rules of the applicable payment provider. However, initiating a chargeback, payment reversal, bank recall, payment-provider dispute, or similar process does not itself determine the underlying contractual rights of the Parties or cancel the affected Service.

If a payment previously credited to the Customer’s Account is reversed, recalled, charged back, or otherwise removed from SCALIBIT, the corresponding amount is treated as unpaid unless and until the payment is restored, replaced, or the underlying billing dispute is resolved in the Customer’s favor.

Where a payment reversal results in an unpaid balance for an active Service, SCALIBIT may restrict, suspend, or terminate the affected Service in accordance with the applicable Billing, Suspension, and Termination provisions of this Agreement.

If SCALIBIT incurs an actual chargeback, payment-reversal, arbitration, retrieval, bank, or payment-processor fee directly attributable to the Customer’s disputed transaction, SCALIBIT may charge the reasonable and documented amount of that actual fee to the Customer to the extent permitted by applicable law. SCALIBIT does not impose a fixed chargeback penalty merely because a payment dispute is initiated.

18.9 Refund Method and Currency

Where reasonably practicable, an approved monetary refund will be returned through the original payment method. If the original method is unavailable, expired, technically incapable of receiving the refund, or otherwise impracticable, SCALIBIT may use another reasonable refund method after obtaining any information reasonably necessary to process the refund.

Refunds are calculated in the billing currency and amount determined to be refundable under this Agreement. A refund will not exceed the amount actually received by SCALIBIT for the refundable portion of the affected transaction. SCALIBIT is not responsible for transaction charges, payment-processing charges, exchange-rate changes, currency-conversion differences, bank or intermediary charges, card-network charges, or other third-party financial costs that are independently imposed, retained, or non-refundable in connection with the affected transaction and are not received by or recoverable by SCALIBIT, except to the extent applicable law requires otherwise.

SCALIBIT will not request the Customer’s payment-account password, complete payment-card number, CVV/CVC, or other unnecessary secret financial access information merely to process a refund.

18.10 Refund Processing

An approved refund may require reasonable administrative and payment-processing time after eligibility and the refund amount have been confirmed. The time at which refunded funds become available to the Customer may also depend on the Customer’s bank, card issuer, payment processor, or other financial institution.

A refund is considered issued by SCALIBIT when SCALIBIT has successfully submitted or released the approved amount through the applicable refund method. SCALIBIT does not control additional posting or settlement time imposed by an independent financial institution after the refund has been issued.

18.11 No Double Recovery

The Customer is not entitled to receive more than one recovery for the same charge or loss. An amount already refunded, credited, reversed in the Customer’s favor, or otherwise returned must be taken into account when determining any additional billing adjustment relating to the same transaction.

If the Customer receives both a SCALIBIT refund or credit and a separate payment reversal or chargeback for the same amount, SCALIBIT may correct the resulting duplicate recovery by reversing the applicable credit, invoicing the duplicate amount, or taking another reasonable billing action.

19. SUSPENSION; TERMINATION & SERVICE DISCONTINUATION

19.1 Suspension

SCALIBIT may temporarily restrict or suspend an affected Service where permitted by this Agreement, including for non-payment, material breach, abuse, security risk, failure to complete required remediation, fraud or payment risk, legal or regulatory requirements, or another condition that reasonably requires temporary restriction of the Service.

Suspension may include restricting network connectivity, disabling or limiting affected Network Resources, blocking or null-routing traffic, restricting access to Service functions, or taking another temporary technical measure appropriate to the reason for suspension.

Where reasonably practicable and appropriate to the circumstances, SCALIBIT may provide notice before suspension and an opportunity to correct the underlying issue. Prior notice or a cure period is not required where immediate action is reasonably necessary because of non-payment following the applicable due date and billing process, an active attack, material security threat, ongoing abuse, fraud, legal requirement, risk of significant harm, repeated violation, or another urgent condition.

19.2 Suspension Does Not Terminate the Service

Suspension does not, by itself, cancel or terminate the affected Service, end the applicable Service term, or constitute deprovisioning. The physical server and other resources associated with a suspended Service may remain allocated while access or connectivity is restricted.

Unless SCALIBIT expressly states otherwise or applicable law requires otherwise, suspension does not stop recurring fees or other charges for a Service that remains allocated and available for restoration. The Customer remains responsible for amounts properly due during a period in which the Service remains active but suspended.

Suspension does not create a right to a refund, credit, extension of the Service term, or compensation merely because the Customer cannot use the Service during the suspension, except where such a remedy is expressly provided by an applicable written SLA, Service Order, Refund Policy, this Agreement, or applicable law.

19.3 Restoration of a Suspended Service

SCALIBIT may restore a suspended Service after the condition giving rise to the suspension has been reasonably resolved, including receipt of required payment, completion of required remediation, completion of verification, correction of a material breach, or satisfaction of another applicable restoration condition.

Restoration may require reasonable administrative or technical processing and is not necessarily immediate after the Customer performs the required action. Where restoration requires routing changes, Network Resource reassignment, hardware intervention, verification, or another technical or administrative step, SCALIBIT may complete those steps before restoring full Service functionality.

SCALIBIT is not required to restore a suspended Service where the circumstances have progressed to valid termination, where continued provision would violate applicable law, where the underlying risk cannot reasonably be resolved, or where the Service has already been deprovisioned in accordance with this Agreement.

19.4 Termination for Non-Payment

SCALIBIT may terminate an affected Service where amounts properly due for that Service remain unpaid after the applicable due date and any payment period or grace period actually provided by SCALIBIT has expired.

SCALIBIT is not required to provide the same reminder schedule, grace period, suspension period, or delayed termination period for every overdue invoice. A prior instance in which SCALIBIT allowed additional time for payment does not modify future invoice due dates or create a continuing right to delayed enforcement.

Payment made after a Service has been validly terminated does not require SCALIBIT to restore the former physical server, Server Environment, Network Resources, configuration, Service Location, or Customer Content. If SCALIBIT agrees to provide a new or replacement Service, that Service may be subject to current availability, pricing, configuration, Network Resources, and other applicable terms.

19.5 Termination for Breach, Abuse or Security Reasons

SCALIBIT may terminate an affected Service where the Customer materially breaches this Agreement or an applicable incorporated policy and fails to cure the breach within a reasonable period specified by SCALIBIT where a cure opportunity is appropriate.

SCALIBIT may terminate without an additional cure period where the breach is incapable of reasonable cure, involves serious or intentional prohibited activity, creates material legal, security, network, operational, or third-party risk, involves intentional circumvention of protective measures, follows repeated substantially similar violations, or otherwise reasonably requires immediate termination.

Termination under this Section does not require SCALIBIT to determine that the Customer personally committed, knew of, or intended every activity occurring through the affected Service. The Customer’s contractual security, remediation, and compliance responsibilities are governed by Sections 1, 5, 14, and 15.

19.6 Termination or Restriction Required by Law

SCALIBIT may restrict, suspend, or terminate an Account, Service, transaction, Network Resource, or other affected function where required by applicable law, a binding legal order, sanctions or export-control requirements, or another legally binding restriction applicable to SCALIBIT or the affected Service.

SCALIBIT may be unable to provide advance notice or disclose the reason, source, timing, or full scope of such action where disclosure is prohibited or restricted by applicable law or a binding legal requirement.

Where a legal restriction is temporary and later ceases to apply, restoration remains subject to the Service still being technically and commercially available and to any other requirements applicable under this Agreement.

19.7 Service Discontinuation Without Customer Breach

SCALIBIT may discontinue an individual Service or Service offering where continued provision becomes commercially, technically, operationally, legally, or practically unreasonable, including because of hardware or facility changes, loss of required capacity or connectivity, product retirement, material vendor or licensing changes, legal or regulatory requirements, resource unavailability, or another legitimate reason affecting continued provision of the Service.

Where reasonably practicable, SCALIBIT will provide advance notice of a Service discontinuation that is not caused by Customer breach and may offer an available replacement configuration, Service Location, migration option, or other reasonable alternative. The Customer is not required to accept a materially different replacement Service.

If SCALIBIT permanently discontinues an active prepaid Service without Customer breach and does not provide or the Customer does not accept a reasonably available equivalent continuation of that Service, SCALIBIT will refund the unused prepaid recurring Service fees attributable to the period after the effective discontinuation date or, if the Customer agrees, apply the refundable amount as Account credit.

Any refund or credit under this Section may exclude non-refundable third-party, licensing, procurement, setup, or other separately identified costs that were properly incurred and cannot reasonably be recovered, subject to Section 18.

19.8 Account-Level Action

Where a matter affects only one Service, SCALIBIT will generally seek to limit suspension or termination to the affected Service where reasonably practicable.

SCALIBIT may take broader Account-level action where multiple Services are materially involved, where the same material breach or risk affects the Account as a whole, where repeated violations occur across Services, where payment or fraud conditions affect multiple transactions, where Account ownership or security cannot reasonably be established, or where broader action is required by applicable law.

Termination of one Service does not automatically terminate every other Service on the Account unless SCALIBIT expressly identifies broader termination or the other Services necessarily depend on the terminated Service.

19.9 Effect of Termination

When termination of a Service becomes effective, the Customer’s contractual right to access and use that Service ends. SCALIBIT may disable connectivity, reclaim assigned Network Resources, deactivate associated SCALIBIT-provided software licenses, release assigned hardware and other resources, and begin deprovisioning the affected Service.

Termination does not require SCALIBIT to preserve the previous hardware assignment, Network Resources, Server Environment, routing, licenses, or other technical characteristics for possible future restoration.

The Customer is responsible for securing Customer Content before a Service ends. The treatment of storage devices, Customer Content, and recoverability after deprovisioning is governed by Section 12.

19.10 Amounts Due Following Termination

Termination does not eliminate payment obligations that properly accrued before the effective termination date or other amounts properly chargeable under this Agreement.

Where termination results from Customer breach, non-payment, abuse, or another condition attributable to the Customer, prepaid fees are refundable only to the extent expressly required by the applicable Refund Policy, Service Order, this Agreement, or applicable law.

SCALIBIT does not impose an automatic early-termination penalty merely because a Service ends before an expected future period, unless a specific minimum term, committed term, early-termination charge, or similar obligation was expressly included in the applicable Service Order and accepted by the Customer.

19.11 No Waiver Through Delayed Enforcement

SCALIBIT’s decision to delay, limit, or refrain from suspension or termination in a particular instance does not waive the applicable breach or prevent SCALIBIT from taking action if the condition continues, recurs, or arises again.

A courtesy extension, payment arrangement, remediation period, temporary restoration, or other accommodation granted in one instance does not create a continuing right to the same accommodation for another invoice, violation, incident, or Service.

19.12 Survival

Termination or expiration of a Service or this Agreement does not affect provisions that by their nature are intended to survive, including accrued payment obligations, confidentiality obligations, intellectual-property protections, disclaimers, limitations of liability, indemnification obligations, dispute-resolution provisions, and other rights or obligations relating to events occurring before termination.

20. LEGAL REQUESTS & INFORMATION DISCLOSURE

20.1 Legal Process and Governmental Requests

SCALIBIT may receive subpoenas, court orders, warrants, preservation requests, governmental or law-enforcement requests, regulatory demands, emergency requests, civil legal process, or other legal process seeking information relating to a Customer, Account, Service, transaction, Network Resource, or activity associated with the Services.

SCALIBIT may require a requesting party to provide legal process that is valid, properly issued, appropriately directed, sufficiently specific, legally sufficient, and binding on SCALIBIT before preserving or disclosing information, except where preservation or disclosure is otherwise required or permitted by applicable law.

SCALIBIT may evaluate a request for apparent authenticity, issuing authority, jurisdiction, legal basis, scope, specificity, service, requested time period, identification of the affected Customer, Account, Service, transaction, or Network Resource, and other procedural or substantive requirements reasonably relevant to compliance. SCALIBIT may reject, return, object to, seek clarification or narrowing of, request modification or withdrawal of, move to quash or modify, or otherwise challenge a request where reasonably appropriate under applicable law.

A request, complaint, inquiry, attorney communication, informal demand, or communication from a private party or governmental entity does not automatically require SCALIBIT to preserve or disclose Customer information merely because the request has been received.

Procedural information for submitting legal, governmental, regulatory, and law-enforcement requests to SCALIBIT is described in SCALIBIT’s Information Requests Policy. That policy does not expand SCALIBIT’s disclosure, preservation, monitoring, record-maintenance, technical-assistance, or other legal-request obligations beyond this Agreement and applicable law.

20.2 Information Available to SCALIBIT

SCALIBIT responds to valid legal requests on the basis of information actually available in SCALIBIT’s own systems and records and within SCALIBIT’s possession, custody, or control. The existence of a Customer, Account, Service, Dedicated Server, GPU Server, transaction, IPv4 or IPv6 address, or other Network Resource does not establish that SCALIBIT possesses or maintains any particular category of information concerning the Customer or the Customer’s use of the Service.

Depending on the applicable systems, Service, transaction, retention period, and circumstances, information actually available to SCALIBIT may include, where generated or retained:

• Account Information supplied by or on behalf of the Customer, including applicable contact, business, billing, and Service-related information;
• Service Order, quotation, provisioning, activation, Service-change, suspension, cancellation, termination, deprovisioning, and other Service-administration records;
• invoice, billing, payment-status, transaction-reference, payment-provider, and other payment-related information actually made available to SCALIBIT;
• IPv4 and IPv6 assignment records and other Network Resource records, including the administrative association of an assigned resource with an Account or Service during a particular period;
• Support Tickets and related support or administrative communications;
• Client Area login, session, authentication, access-control, Account-security, Authorized User, Account-change, verification, fraud-prevention, abuse-handling, and other administrative records actually generated or retained by SCALIBIT’s systems; and
• limited infrastructure, routing, network, security, DDoS-mitigation, or other technical metadata where such information is actually generated and retained by systems within SCALIBIT’s possession, custody, or control.

For clarity, limited infrastructure, routing, network-security, or DDoS-mitigation metadata does not, merely by existing, constitute Customer Content, packet contents, browsing history, Customer application content, or Customer operating-system content. SCALIBIT does not maintain packet-content or content-level traffic records in its own systems. Records independently generated or maintained by an Upstream Provider are governed by Section 20.8.

The identification of a category in this Section does not represent or guarantee that SCALIBIT creates, collects, possesses, or retains that category for every Customer, Account, Service, transaction, or Network Resource or for any particular period. Actual availability depends on SCALIBIT’s systems, the applicable Service and transaction, ordinary retention practices, the Privacy Notice, applicable law, and the circumstances of the particular request.

Account Information and other information supplied by or on behalf of a Customer may consist of Customer representations that have not been independently verified. Unless SCALIBIT separately completed verification concerning particular information under Section 2, the existence or disclosure of such information does not represent that SCALIBIT has independently authenticated or certified the real-world identity, legal status, ownership, authority, or other facts represented by that information.

20.3 IP Address and Network Resource Identification

Where a legal, governmental, regulatory, law-enforcement, security, or other authorized request concerns activity associated with an IPv4 address, IPv6 address, subnet, prefix, or other Network Resource, SCALIBIT may use available assignment history and Service records to identify the Account or Service administratively associated with the identified resource during the relevant period.

A requesting party should provide information reasonably sufficient to identify the applicable assignment, which may include the complete IPv4 or IPv6 address or other Network Resource, the relevant date and time, the applicable time zone or UTC offset, and other technical information reasonably necessary to identify the relevant period and resource.

An IP-assignment or Network Resource assignment record establishes only the administrative association reflected in SCALIBIT’s records between the applicable Network Resource and the Account or Service for the identified period. It does not, by itself, establish that the Customer personally performed, directed, authorized, knew of, approved, or intended any particular activity alleged to have originated from that resource.

This limitation concerning factual attribution does not reduce, transfer, or alter the Customer’s contractual responsibility for the affected Service, Server Environment, or assigned Network Resources under Section 1.

SCALIBIT’s assignment records ordinarily identify the Customer Account and Service to which a Network Resource was assigned and do not necessarily identify an End User, customer, tenant, virtual machine, container, hosted account, application, or other downstream user or resource to which the Customer may have internally allocated or made that resource available. The Customer’s downstream-record responsibilities are governed by Section 9.

20.4 No Obligation to Create or Reconstruct Information

SCALIBIT is not required to create or reconstruct information or records that do not exist in or are not maintained by SCALIBIT merely because a preservation request, subpoena, warrant, court order, governmental request, law-enforcement request, regulatory demand, civil request, or other legal process is received.

SCALIBIT is not required by this Agreement to reconstruct historical Customer activity, recreate historical traffic that was not recorded, recreate unavailable or deleted records, recover information from wiped or recycled storage, generate Customer-controlled logs, reverse-engineer Customer applications, reconstruct Customer Content or AI or machine-learning activity, derive information from unavailable records, or develop forensic, monitoring, logging, decryption, or other technical capabilities that SCALIBIT does not otherwise possess.

Nothing in this Agreement requires SCALIBIT to obtain administrative access to a Customer’s Server Environment, obtain or request Server Administrative Access Information, access or inspect Customer Content, or create packet-level, flow-level, connection-level, application-level, content-level, or other technical records that SCALIBIT does not otherwise maintain in order to respond to a legal request.

Nothing in this Section represents that a particular form of assistance can or cannot be compelled under applicable law. Any legally binding demand for assistance will be evaluated according to its specific legal authority, scope, jurisdiction, technical circumstances, and any applicable rights, limitations, objections, or protections.

20.5 Preservation Requests

Where SCALIBIT receives a legally valid preservation request or becomes subject to another legally binding preservation obligation, SCALIBIT may preserve specifically identified information then existing and within SCALIBIT’s possession, custody, or control to the extent and for the period required by applicable law or valid legal process.

A preservation request may cause specifically identified existing information that would otherwise be subject to ordinary deletion or expiration to be preserved for the legally required period.

A preservation request does not require SCALIBIT to create information that did not previously exist, reconstruct unavailable historical information, begin collecting categories of information that SCALIBIT did not previously maintain, recover previously deleted information, access Customer Content for the purpose of creating responsive records, or convert SCALIBIT into a backup or archival provider, except where applicable law expressly requires otherwise.

Preservation of existing information does not, by itself, authorize or require disclosure of that information. Disclosure remains subject to the legal process, authority, consent, or other legal basis applicable to the requested information.

20.6 Customer Notice

Where legally permitted and reasonably appropriate, SCALIBIT may notify the affected Customer of legal process seeking Customer information and may, where appropriate, provide the Customer an opportunity to seek available legal relief. SCALIBIT does not guarantee that notice will be provided before or after preservation, disclosure, or other compliance action.

SCALIBIT may delay, limit, or omit Customer notice where notice is prohibited or restricted by applicable law, court order, nondisclosure obligation, confidentiality requirement, legal process, governmental or national-security requirement, or another binding restriction; where notice is not legally required; where emergency circumstances make notice inappropriate or impracticable; where notice could reasonably compromise the lawful purpose of the request; or where SCALIBIT otherwise lawfully determines that notice should not be provided.

The absence of Customer notice does not invalidate a preservation, disclosure, Service restriction, or other action that SCALIBIT is legally required or otherwise lawfully permitted to take and does not, by itself, constitute a breach of this Agreement.

20.7 Emergency Requests and Lawfully Permitted Disclosures

Applicable law may permit disclosure of certain information without ordinary legal process in limited emergency or other circumstances expressly recognized by law.

Where SCALIBIT, in good faith, determines that applicable law permits disclosure because an emergency involving danger of death or serious physical injury requires disclosure without delay, SCALIBIT may disclose information reasonably related to the emergency to an appropriate governmental, law-enforcement, or emergency authority.

SCALIBIT may require a requesting authority to provide information reasonably sufficient to identify the asserted emergency, the person or persons at risk where known, the information requested, the relationship between the requested information and the emergency, and the asserted legal basis for disclosure. Characterizing or labeling a request as an emergency does not, by itself, require SCALIBIT to grant the request.

Nothing in this Section limits any preservation, reporting, disclosure, or other obligation imposed directly on SCALIBIT by applicable law. The existence of such an obligation does not create a contractual duty for SCALIBIT to proactively monitor, search, inspect, or screen Customer Content unless such a duty is independently imposed by applicable law.

20.8 Upstream Providers and Independently Held Information

An Upstream Provider used in connection with physical facilities, hardware, power, network connectivity, routing, DDoS mitigation, Network Resources, remote hands, or other infrastructure functions may independently generate, receive, possess, retain, or control records or information that SCALIBIT does not possess, maintain, or control.

SCALIBIT does not guarantee the existence, contents, accuracy, completeness, retention period, accessibility, preservation, or legal availability of records independently generated or maintained by an Upstream Provider or another independent third party.

Where information sought by a requesting party is held solely by an Upstream Provider or another third party and is not within SCALIBIT’s possession, custody, or control, the requesting party may need to direct appropriate legal process or another request to the entity that possesses or controls the information.

Where legally required or reasonably necessary to respond to applicable legal process or another binding legal obligation, SCALIBIT may coordinate with an Upstream Provider concerning an affected Service, Network Resource, or infrastructure resource. Such coordination does not represent that SCALIBIT possesses, controls, or can obtain every category of information independently maintained by that Upstream Provider.

20.9 Private, Civil and Informal Requests

A complaint, attorney letter, demand letter, private investigation request, rights-holder request, civil dispute, identification request, or other informal private request does not, by itself, entitle the requesting party to Customer information.

Where a private party seeks Customer information through a subpoena, court order, discovery request, or other civil legal process, SCALIBIT may evaluate the request under applicable law and may require additional process, consent, domestication, judicial authorization, proper service, or another legally sufficient basis before disclosure.

SCALIBIT may object to, seek modification of, or challenge private-party legal process where appropriate and is not required to disclose Customer information merely to assist a private party in identifying a Customer, investigating a potential civil claim, locating a potential defendant, or pursuing private litigation where a legally sufficient basis for disclosure has not been established.

Copyright and other intellectual-property notices are governed by Section 16 and SCALIBIT’s applicable copyright and intellectual-property procedures. Abuse or security complaints are governed by the applicable Acceptable Use, Abuse, Security, and Enforcement provisions. Submission of such a complaint or notice does not, by itself, constitute legal authority requiring disclosure of Customer information.

20.10 Scope, Minimization and Legal Protections

Where reasonably practicable and consistent with applicable law, SCALIBIT may limit a disclosure to information reasonably responsive to the valid legal request and may object to, seek clarification of, seek narrowing or modification of, or challenge a request that is materially overbroad, legally defective, improperly served, unduly burdensome, directed to the wrong entity, or otherwise subject to a valid objection.

Nothing in this Agreement requires SCALIBIT to waive an applicable privilege, confidentiality protection, trade-secret protection, jurisdictional defense, statutory protection, procedural protection, legal objection, or other right available to SCALIBIT in connection with a legal request.

SCALIBIT is not required to disclose unrelated, non-responsive, proprietary, confidential, security-sensitive, or trade-secret information merely because such information may be located within systems or records that also contain responsive information, except to the extent disclosure is legally required.

20.11 Requests Directed to the Customer and Customer-Directed Disclosure

The Customer remains responsible for responding to legal requests, regulatory obligations, discovery requirements, preservation duties, privacy requests, or other legal obligations directed to the Customer concerning the Customer’s Server Environment, Customer Content, applications, workloads, End Users, downstream users, or business activities.

SCALIBIT’s receipt of a request concerning a Customer does not transfer the Customer’s independent legal obligations to SCALIBIT and does not make SCALIBIT responsible for producing Customer-controlled information that is not within SCALIBIT’s possession, custody, or control.

Where permitted by applicable law, SCALIBIT may disclose information with the authenticated and lawful consent or direction of the Customer or another person legally authorized to direct disclosure of the applicable information. SCALIBIT may require reasonable verification of the requesting person’s identity, Account authority, and legal authority before relying on such consent or direction.

Customer consent or direction does not require SCALIBIT to disclose information that SCALIBIT does not possess, create new records, obtain access to Customer Content, disclose information concerning another Customer, violate applicable law or legal restrictions, or disclose information beyond the scope of the consenting person’s lawful authority.

20.12 Service Restrictions and Infrastructure-Level Legal Compliance

Where valid legal process or another binding legal requirement requires action affecting an Account, Service, Network Resource, or other infrastructure resource, SCALIBIT may take or coordinate the administrative, network-level, or infrastructure-level action reasonably necessary to comply with that requirement.

Depending on the lawful requirement and technical circumstances, such action may include preservation of available records, restriction of sensitive Account functions, restriction or suspension of a Service, preservation of an existing infrastructure state where technically and legally appropriate, restriction or disabling of network connectivity or a Network Resource, or coordination with an applicable Upstream Provider.

Any suspension or termination of an active Service under this Section is governed by Section 19 and the applicable binding legal requirement. SCALIBIT may be unable to disclose the existence, source, timing, scope, technical details, or reason for an action where disclosure is prohibited or restricted by applicable law or binding legal process.

The ability to perform an Account-level, network-level, infrastructure-level, or Service-level compliance action does not create or imply a contractual right, general practice, or ongoing duty for SCALIBIT to access, monitor, administer, or control Customer Content or the Customer’s Server Environment.

20.13 No Expansion of SCALIBIT’s Technical or Recordkeeping Role

Compliance with legal process does not convert SCALIBIT into an administrator, custodian, controller, publisher, editor, moderator, or monitor of the Customer’s Server Environment, Customer Content, applications, workloads, End Users, or downstream activities beyond the role and responsibilities otherwise established by this Agreement and applicable law.

SCALIBIT’s receipt of, or compliance with, a legal, governmental, law-enforcement, regulatory, preservation, emergency, civil, or other request does not create a contractual duty to monitor Customer activity, inspect Customer Content, maintain information that SCALIBIT would not otherwise maintain, alter ordinary technical architecture or logging practices, or develop additional monitoring, forensic, logging, access, decryption, or other technical capabilities for the purpose of responding to current or possible future requests.

Nothing in this Section creates a contractual right for SCALIBIT to access Customer Content or expands the temporary administrative access expressly authorized by the Customer under Section 6. Any access or technical assistance independently compelled by applicable law is governed solely by the applicable legal requirement and does not create an ongoing monitoring, administration, or access obligation for SCALIBIT.

21. EXPORT CONTROLS; SANCTIONS & APPLICABLE LAW

21.1 Compliance With Applicable Law

The Customer must order, access, use, and permit use of the Services only in compliance with laws and regulations applicable to the Customer, SCALIBIT, the affected Service, the Service Location, and the Customer’s use of the Services and Network Resources.

The Customer is responsible for determining the legal requirements applicable to the Customer’s activities, business, users, workloads, software, data, end uses, and use of the Services. SCALIBIT’s provision of a Service does not constitute legal advice or a representation that the Customer’s particular use is lawful in every jurisdiction or circumstance.

21.2 U.S. Export Controls and Economic Sanctions

The Services may be subject to United States export-control, sanctions, trade-restriction, and related laws and regulations, including, where applicable, the Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”), and economic sanctions administered by the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”).

The Customer must not order, access, receive, use, export, reexport, transfer, make available, or permit use of the Services in a manner prohibited by applicable export-control or sanctions laws.

Applicable restrictions may depend on the Customer, End User, beneficial owner, destination, location, nationality, end use, end user, technology, hardware, software, workload, transaction, or other facts relevant under the applicable law. The absence of a jurisdiction or activity from this Agreement does not mean that no legal restriction applies.

21.3 Restricted Persons, Destinations and Transactions

The Customer must not use or make the Services available in connection with a person, entity, organization, destination, transaction, or activity where such provision or use is prohibited by sanctions, export controls, embargoes, blocking requirements, denied-party restrictions, or other applicable trade restrictions.

The Customer represents that neither the Customer nor any person acting on the Customer’s behalf will knowingly use the Services to conduct or facilitate a transaction that SCALIBIT is legally prohibited from providing or supporting.

Where applicable law requires authorization, a license, exemption, license exception, or other governmental approval for the Customer’s use, transfer, access, end use, or end user, the Customer is responsible for obtaining and maintaining that authorization before engaging in the regulated activity.

21.4 End Use, End Users and Specialized Compute

The Customer is responsible for the end uses and End Users for which the Customer makes the Services available and for complying with export-control or sanctions restrictions applicable to those uses and users.

This responsibility applies to Dedicated Servers and GPU Servers, including high-performance, accelerated, artificial-intelligence, machine-learning, scientific-computing, cryptographic, simulation, data-processing, or other specialized workloads where applicable law imposes restrictions based on computing capability, technology, destination, end use, end user, or other relevant criteria.

The Customer must not use a Service to provide, transfer, release, facilitate access to, or otherwise make controlled technology, software, computing capability, or another regulated item or service available where applicable law prohibits the activity or requires authorization that has not been obtained.

21.5 No Evasion or Circumvention

The Customer must not structure an Account, order, payment, Service configuration, routing arrangement, intermediary relationship, reseller arrangement, End User relationship, remote-access method, or other transaction for the purpose of evading, concealing, circumventing, or causing SCALIBIT to violate an applicable sanctions, export-control, trade, or other legal restriction.

The Customer must not provide materially false, misleading, incomplete, or concealed information concerning a Customer, beneficial owner, End User, destination, intended use, transaction, or other matter where the information is reasonably relevant to SCALIBIT’s legal or compliance obligations.

21.6 Compliance Information and Verification

Where reasonably necessary to evaluate compliance with applicable sanctions, export controls, trade restrictions, or other legal requirements, SCALIBIT may request information or documentation concerning the Customer, Account ownership, business authority, beneficial ownership, destination, End User, intended use, transaction, or other matter reasonably relevant to the applicable compliance concern.

The Customer must provide materially accurate and complete information reasonably requested for such a compliance review. Verification and related Account procedures are also subject to Section 2.

SCALIBIT is not required to complete or approve a transaction, Service Order, transfer, change, or continued Service while information reasonably required for a material compliance review remains unresolved.

21.7 Restriction, Refusal and Suspension for Compliance Reasons

SCALIBIT may decline an Account registration, Service Order, transaction, payment, Service change, Network Resource request, or other action where providing or completing the requested action would violate applicable law or where SCALIBIT reasonably determines that unresolved sanctions, export-control, fraud, ownership, destination, end-use, or end-user concerns prevent lawful completion of the action.

SCALIBIT may restrict, suspend, or terminate an affected Service or Account where required by applicable sanctions, export controls, trade restrictions, binding legal requirements, or other applicable law, or where continued provision would create a material and unresolved risk that SCALIBIT would violate such requirements.

Where legally permitted and reasonably practicable, SCALIBIT may provide information concerning the compliance issue or request information that could resolve it. SCALIBIT is not required to disclose confidential screening methods, security procedures, privileged information, governmental communications, or other information that SCALIBIT is prohibited or reasonably unable to disclose.

Suspension or termination under this Section is governed by Section 19. SCALIBIT may be unable to provide advance notice where immediate action is required by law or necessary to prevent a prohibited transaction or continued legal violation.

21.8 Changes in Law and Regulatory Status

Sanctions programs, restricted-party designations, export-control classifications, licensing requirements, end-use restrictions, end-user restrictions, destination controls, and other legal requirements may change during the Service relationship.

A Service or transaction that was lawfully available when originally ordered may later become restricted, require authorization, or become prohibited because of a change in law, regulation, designation, governmental action, licensing status, or other legally relevant circumstance.

SCALIBIT may make changes reasonably necessary to comply with newly applicable legal requirements, including declining renewal, restricting a transaction or Service, requiring additional compliance information, or suspending or terminating an affected Service where required or reasonably necessary for lawful compliance.

Nothing in this Agreement requires SCALIBIT to continue providing a Service where continued provision would be unlawful. Where an active prepaid Service must be permanently discontinued solely because of a newly applicable legal prohibition and not because of Customer breach or prohibited conduct, the treatment of unused prepaid Service fees is governed by Sections 18 and 19, subject to any restriction on refunding or transferring funds imposed by applicable sanctions or other law.

21.9 Customer Responsibility for Independent Compliance

SCALIBIT’s screening, verification, acceptance of an order, continued provision of a Service, or failure to identify a legal restriction does not transfer the Customer’s independent compliance responsibilities to SCALIBIT.

The Customer remains responsible for determining whether its own activities require a governmental authorization, license, filing, registration, consent, restriction, or other compliance measure and for obtaining and maintaining any such requirement applicable to the Customer.

SCALIBIT’s request for compliance information or decision to permit a Service to continue does not constitute a legal opinion, export classification, sanctions determination, governmental authorization, or approval of the Customer’s particular activity.

22. REGULATED & HIGH-RISK USES

22.1 Customer Responsibility for Regulated Uses

The Customer is responsible for determining whether the Customer’s intended use of the Services is subject to industry-specific, sector-specific, data-protection, security, confidentiality, recordkeeping, localization, licensing, certification, or other legal or regulatory requirements.

If the Customer uses the Services for a regulated activity or to process information subject to a particular legal or industry framework, the Customer is responsible for selecting, configuring, operating, and securing the Server Environment in a manner that satisfies the requirements applicable to the Customer.

SCALIBIT’s provision of an unmanaged Dedicated Server or GPU Server does not, by itself, constitute a representation that the Customer’s complete Server Environment, application, workload, business process, or use of the Service complies with any particular regulatory or industry framework.

22.2 HIPAA-Prohibited Use; No Business Associate Agreement

SCALIBIT does not offer the Services as HIPAA-compliant services and does not enter into Business Associate Agreements (“BAAs”) in connection with the Services. The Services are not designed, represented, certified, validated, or offered for use where SCALIBIT would be required to act as a “business associate” under the U.S. Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”), or their implementing regulations.

The Customer must not use, and must not permit any Authorized User, End User, customer, tenant, contractor, or other person to use, the Services to create, receive, maintain, transmit, store, or process protected health information or electronic protected health information (“PHI” or “ePHI”) where the applicable use is subject to HIPAA, would require a BAA between SCALIBIT and the Customer or another person, or would otherwise require SCALIBIT to qualify or act as a HIPAA business associate.

The Customer is solely responsible for determining whether the Customer, an End User, Customer Content, application, workload, activity, or proposed use of the Services is subject to HIPAA or would require a BAA or other HIPAA-related obligation involving SCALIBIT. The technical ability of a Dedicated Server or GPU Server to store, transmit, process, or otherwise handle health-related information does not constitute authorization, approval, certification, validation, or representation that the Service may be used for HIPAA-regulated PHI or ePHI.

The Customer must not represent or imply to any person that SCALIBIT has executed a BAA, accepted the obligations of a HIPAA business associate, certified or validated the Services for HIPAA-regulated use, or authorized the Customer to use the Services for a purpose requiring SCALIBIT to comply with HIPAA as a business associate. SCALIBIT does not enter into BAAs in connection with the Services, and a Service Order, Account registration, Support Ticket, quotation, sales communication, technical discussion, payment, provisioning, continued provision of a Service, or other communication or action does not create an obligation for SCALIBIT to enter into a BAA or support a HIPAA-regulated use.

If SCALIBIT reasonably becomes aware that a Service is being used in violation of this Section, SCALIBIT may require the Customer to promptly discontinue the prohibited use and remove, migrate, or otherwise cease processing the affected PHI or ePHI through the Service. Where the prohibited use is not promptly discontinued, or where immediate action is reasonably necessary because of legal, regulatory, security, compliance, or other material risk, SCALIBIT may restrict, suspend, or terminate the affected Service in accordance with Section 19.

Nothing in this Section requires SCALIBIT to monitor, inspect, search, identify, classify, review, or determine whether Customer Content constitutes PHI or ePHI or whether a Customer activity is subject to HIPAA. SCALIBIT’s failure to detect, identify, receive notice of, or take earlier action concerning a prohibited HIPAA-regulated use does not constitute authorization or approval of that use, acceptance of a BAA, acceptance of business-associate status, or a representation that the Service is HIPAA compliant.

22.3 Other Regulatory and Industry Frameworks

Unless expressly agreed by SCALIBIT in an applicable Service Order, addendum, or other written agreement, the Services are not represented as certified, validated, approved, or specifically designed to satisfy a particular Customer-specific regulatory, security, audit, financial, payment-card, governmental, industry, or compliance framework.

The availability of a physical server, dedicated hardware, GPU resources, encryption capability, network feature, Service Location, or other technical characteristic does not constitute a compliance certification or legal determination for the Customer’s particular use.

Where a Customer requires a particular certification, contractual commitment, technical control, audit right, data-processing arrangement, or other compliance requirement from SCALIBIT, the requirement applies only if SCALIBIT has expressly accepted it in a written agreement applicable to the affected Service. For avoidance of doubt, this paragraph does not permit any HIPAA-regulated use prohibited by Section 22.2 and does not permit or require SCALIBIT to enter into a BAA.

22.4 High-Risk and Safety-Critical Uses

The Customer is responsible for evaluating whether the Services are appropriate for any use in which interruption, delay, degradation, incorrect operation, loss of connectivity, hardware failure, data loss, or other Service failure could reasonably result in death, personal injury, significant physical damage, or another material safety consequence.

Unless SCALIBIT expressly agrees otherwise in a written Service Order or other applicable agreement, the Services are not offered as fail-safe systems and are not represented as suitable as the sole control, safety, emergency, or availability mechanism for life-support systems, medical-device control, emergency-response systems, safety-critical industrial control, transportation-control systems, nuclear-facility operations, or other applications requiring fail-safe or uninterrupted operation.

If the Customer elects to use the Services in connection with a high-risk or safety-critical application, the Customer is responsible for implementing appropriate independent safeguards, redundancy, failover, backup, monitoring, human oversight, emergency procedures, and other risk controls appropriate to the particular application.

Nothing in this Section authorizes a use prohibited by Section 22.2. A high-risk or safety-critical use that would involve HIPAA-regulated PHI or ePHI or otherwise require SCALIBIT to enter into a BAA remains prohibited.

22.5 No Reliance on a Single Service for Critical Operations

Where the Customer’s business, application, workload, or operation requires continuous availability, rapid recovery, geographic redundancy, fault tolerance, disaster recovery, or another heightened resilience requirement, the Customer is responsible for designing and maintaining the architecture necessary to satisfy that requirement.

A Dedicated Server or GPU Server, including a Service using redundant components, RAID, multiple network paths, or other availability features, does not eliminate the possibility of hardware failure, network interruption, maintenance, data loss, or other Service disruption. The Customer must not rely on a single Service as the sole mechanism for satisfying a critical availability or recovery requirement unless the Customer accepts the resulting risk.

22.6 Additional Requirements for Regulated Services

Except for HIPAA-regulated uses prohibited by Section 22.2, SCALIBIT may require additional contractual terms, technical conditions, information, documentation, pricing, or compliance measures before agreeing to support a particular regulated or high-risk use where such additional requirements are reasonably necessary for SCALIBIT to provide the Service lawfully and appropriately.

SCALIBIT may decline a proposed regulated or high-risk use where SCALIBIT does not offer the contractual, technical, operational, security, or compliance requirements reasonably necessary for that use.

HIPAA-regulated use requiring SCALIBIT to act as a business associate or enter into a BAA is not available as an exception, special arrangement, enterprise option, custom Service Order, or separately negotiated compliance arrangement under this Agreement. SCALIBIT does not enter into BAAs in connection with the Services.

Acceptance of an ordinary or customized Service Order does not require SCALIBIT to enter into a regulated-industry addendum, certification commitment, audit arrangement, specialized compliance agreement, or other contractual commitment that SCALIBIT has not expressly accepted. Nothing in a Service Order or other ordinary commercial communication overrides the HIPAA prohibition established in Section 22.2.

23. CONFIDENTIALITY

23.1 Confidential Information

“Confidential Information” means non-public commercial, financial, technical, operational, security, contractual, or business information disclosed by or on behalf of one Party (“Disclosing Party”) to the other Party (“Receiving Party”) in connection with the Account, Services, a Service Order, support, negotiations, or the Parties’ business relationship, where the information is identified as confidential or where its confidential nature should reasonably be understood from the circumstances or nature of the information.

Confidential Information of SCALIBIT may include non-public quotations and pricing arrangements, commercial terms, supplier or service-provider arrangements, network or security information, technical architecture, internal procedures, operational methods, non-public reports or documentation, security findings, business plans, and trade secrets.

Confidential Information of the Customer may include non-public business, commercial, financial, technical, security, operational, or other information disclosed to SCALIBIT in connection with the Customer’s Account, Service Orders, support requests, or business relationship with SCALIBIT.

23.2 Confidentiality Obligations

The Receiving Party must use the Disclosing Party’s Confidential Information only as reasonably necessary to perform, receive, administer, support, enforce, or exercise rights or obligations relating to this Agreement and the Parties’ business relationship, or for another purpose authorized by the Disclosing Party.

The Receiving Party must protect Confidential Information using reasonable safeguards appropriate to the nature and sensitivity of the information and must not disclose it to another person except as permitted by this Section.

The Receiving Party may disclose Confidential Information to its employees, officers, contractors, professional advisers, service providers, or other representatives who reasonably need the information for a permitted purpose and who are subject to confidentiality obligations or professional duties appropriate to the information disclosed.

The Receiving Party remains responsible for its own compliance with this Section and for disclosures it authorizes in violation of this Section.

23.3 Exclusions

Confidential Information does not include information that the Receiving Party can reasonably demonstrate:

• is or becomes publicly available without breach of this Agreement or another confidentiality obligation;
• was lawfully known to the Receiving Party without a confidentiality obligation before receiving it from the Disclosing Party;
• is lawfully received from a third party that is not known by the Receiving Party to be prohibited from disclosing it;
• is independently developed by the Receiving Party without use of or reliance on the Disclosing Party’s Confidential Information; or
• is expressly authorized for disclosure by the Disclosing Party.

23.4 Required Disclosure

The Receiving Party may disclose Confidential Information to the extent required by applicable law, valid legal process, a binding court order, or a legally binding governmental or regulatory requirement.

Where legally permitted and reasonably practicable, the Receiving Party may provide the Disclosing Party with notice of a compelled disclosure and may take reasonable steps to limit the disclosure to information legally required to be disclosed.

Nothing in this Section requires a Party to waive an applicable privilege, trade-secret protection, confidentiality protection, legal objection, or procedural right. Legal requests directed to SCALIBIT are also subject to Section 20.

23.5 Security and Operational Information

The Customer must not use or disclose non-public information concerning SCALIBIT’s security controls, network architecture, technical configurations, internal procedures, vulnerability information, access methods, supplier arrangements, or other Confidential Information in a manner that could reasonably compromise the security, integrity, availability, or operation of SCALIBIT systems, networks, Services, or third-party systems used in connection with the Services.

Nothing in this Section prevents the Customer from making a good-faith security report to SCALIBIT, obtaining professional legal or technical advice subject to appropriate confidentiality obligations, or making a disclosure protected or required by applicable law.

23.6 Ownership and No Implied License

Disclosure of Confidential Information does not transfer ownership of that information or grant the Receiving Party any intellectual-property, license, commercial-use, publication, distribution, or other right except the limited right to use the information for the purposes permitted by this Agreement.

Each Party retains its rights in its own Confidential Information, intellectual property, trade secrets, documentation, technology, business information, and other proprietary materials.

23.7 Return, Destruction and Retention

Upon the Disclosing Party’s reasonable written request following the end of the applicable business purpose, the Receiving Party must return or destroy Confidential Information of the Disclosing Party that is reasonably capable of being returned or destroyed, subject to applicable law, legitimate record-retention requirements, backup or archival systems, security requirements, legal holds, and information reasonably necessary to establish or enforce contractual or legal rights.

A Party is not required to alter ordinary backup or archival systems solely to remove Confidential Information where such information is not readily accessible in the ordinary course, provided that any retained Confidential Information remains subject to the confidentiality obligations of this Agreement for as long as it is retained.

23.8 Duration and Survival

The confidentiality obligations in this Section continue after expiration or termination of the applicable Service or this Agreement for as long as the applicable information remains confidential and protected under the circumstances.

Trade secrets remain protected for as long as they qualify for protection as trade secrets under applicable law.

23.9 Relationship to Privacy and Customer Information

This Section governs contractual confidentiality between the Parties and does not replace or limit obligations concerning personal information under SCALIBIT’s Privacy Notice, an applicable Data Processing Agreement, applicable data-protection law, or the other privacy and data-protection provisions of this Agreement.

This Section does not expand SCALIBIT’s access to Customer Content, create an obligation to inspect or monitor Customer Content, or alter the technical roles established elsewhere in this Agreement.

24. SCALIBIT INTELLECTUAL PROPERTY; BRAND & FEEDBACK

24.1 SCALIBIT Materials

SCALIBIT and its licensors retain all right, title, and interest in and to SCALIBIT’s websites, Client Area, branding, trademarks, service marks, trade names, logos, designs, documentation, specifications, written materials, software, scripts, tools, interfaces, systems, technology, know-how, processes, and other materials created, owned, licensed, or provided by SCALIBIT in connection with the Services (“SCALIBIT Materials”).

Except for the limited rights expressly granted under this Agreement, no intellectual-property, ownership, license, or other proprietary right in SCALIBIT Materials is transferred to the Customer by creation of an Account, placement of a Service Order, payment of fees, access to the Client Area, or use of the Services.

24.2 Limited Right to Use SCALIBIT Materials

During the applicable Service relationship, SCALIBIT grants the Customer a limited, non-exclusive, non-transferable, and revocable right to access and use SCALIBIT Materials made available to the Customer solely as reasonably necessary to order, access, administer, support, and use the Services in accordance with this Agreement.

The Customer must not copy, reproduce, publish, distribute, sell, sublicense, commercially exploit, modify, create derivative works from, or otherwise use SCALIBIT Materials beyond the scope reasonably necessary for use of the Services, except where such activity is expressly authorized by SCALIBIT or permitted by applicable law.

Nothing in this Section restricts rights that cannot lawfully be restricted under applicable law, including any rights arising under an applicable open-source or third-party license governing a specific component.

24.3 Trademarks and Brand Use

SCALIBIT, the SCALIBIT name, SCALIBIT logos, product names, service names, trade dress, and associated marks are trademarks, service marks, trade names, or other brand identifiers of SCALIBIT or its licensors.

The Customer may not use SCALIBIT’s name, logos, trademarks, service marks, or other brand identifiers in advertising, domain names, social-media identifiers, product names, company names, promotional materials, endorsements, press releases, or other public communications in a manner that states or implies sponsorship, partnership, certification, affiliation, approval, or endorsement by SCALIBIT unless SCALIBIT has expressly authorized such use.

Nothing in this Agreement prohibits truthful, nominative reference to SCALIBIT where reasonably necessary to identify SCALIBIT as the provider of a Service, provided that the reference is not misleading and does not imply a relationship beyond the actual contractual relationship.

24.4 No Misrepresentation of SCALIBIT Services

The Customer must not represent SCALIBIT as providing a managed service, certification, compliance commitment, endorsement, warranty, support function, feature, Service Location, network capability, or other characteristic that SCALIBIT does not actually provide or has not expressly authorized.

Where the Customer resells, incorporates, or references a SCALIBIT Service as part of the Customer’s own service offering, the Customer remains responsible for the Customer’s own marketing statements, customer commitments, warranties, representations, and service descriptions. SCALIBIT is not bound by additional commitments made by the Customer to an End User or other third party unless SCALIBIT expressly accepts those commitments in writing.

24.5 Documentation and Technical Information

Documentation, technical instructions, configuration information, specifications, diagrams, procedures, knowledge-base materials, or other technical information supplied by SCALIBIT may be used by the Customer for the Customer’s legitimate use and administration of the Services.

Non-public documentation and technical information may also constitute Confidential Information under Section 23. The Customer must not publish or distribute non-public security-sensitive, operational, or proprietary technical information except as permitted by this Agreement or applicable law.

SCALIBIT may update or replace documentation and technical information to reflect changes in Services, hardware, software, network configurations, procedures, or other technical conditions. Documentation does not modify a Service Order or create a binding SLA or other contractual commitment unless expressly identified as such.

24.6 Customer Feedback

The Customer may voluntarily provide comments, suggestions, ideas, recommendations, feature requests, error reports, or other feedback concerning SCALIBIT, the Services, or SCALIBIT Materials (“Feedback”). The Customer is not required to provide Feedback.

If the Customer provides Feedback, the Customer grants SCALIBIT a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use, reproduce, modify, develop, incorporate, commercialize, and otherwise use the Feedback for SCALIBIT’s business, products, Services, and operations without payment or attribution to the Customer.

The Feedback license applies only to the Feedback voluntarily provided to SCALIBIT and does not grant SCALIBIT rights in Customer Content, Customer software, Customer datasets, Customer models, Customer confidential materials, or other Customer-owned intellectual property merely because those items are used through the Services.

The Customer should not include Confidential Information, trade secrets, Customer Content, or third-party proprietary information in Feedback unless the Customer is authorized to disclose that information and intends it to be considered as part of the Feedback.

24.7 Third-Party Intellectual Property

Third-party names, logos, trademarks, software, documentation, and other intellectual property made available or referenced in connection with the Services remain the property of their respective owners and may be subject to separate terms.

Reference to a third-party product, vendor, technology, operating system, hardware manufacturer, software provider, or other third party does not imply sponsorship, endorsement, affiliation, or ownership by SCALIBIT unless expressly stated.

24.8 Reservation of Rights

All rights not expressly granted to the Customer under this Agreement are reserved by SCALIBIT and its licensors.

Nothing in this Section transfers ownership of the Customer’s own intellectual property to SCALIBIT. Rights concerning Customer Content and Customer-controlled materials are governed by the applicable Customer Content provisions of this Agreement.

25. DISCLAIMER OF WARRANTIES

25.1 General Disclaimer

To the maximum extent permitted by applicable law, and except for an express commitment stated in an applicable Service Order, written SLA, or other written agreement expressly accepted by SCALIBIT, the Services are provided on an “as is” and “as available” basis.

SCALIBIT disclaims warranties and conditions not expressly stated in this Agreement, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, satisfactory quality, and warranties arising from course of dealing, course of performance, usage, or trade practice, to the extent such warranties or conditions may lawfully be disclaimed.

No statement by SCALIBIT personnel, sales representative, support representative, website, knowledge-base article, quotation, product description, marketing material, or other communication creates a warranty, guarantee, SLA, or other contractual commitment unless the statement is expressly incorporated into an applicable Service Order, written SLA, or other binding written agreement.

25.2 Availability and Uninterrupted Operation

SCALIBIT does not warrant that the Services will operate without interruption, degradation, latency, packet loss, hardware failure, maintenance, network disruption, software incompatibility, security event, or other technical condition.

No general uptime percentage, continuous-availability commitment, restoration-time commitment, or automatic service-credit entitlement applies unless expressly stated in a written SLA or applicable Service Order. Availability and SLA matters are further governed by Section 8.

25.3 Server Environment, Software and Workloads

SCALIBIT does not warrant that a particular operating system, application, database, control panel, website, software package, driver, container, virtualization platform, model, dataset, workload, configuration, security control, or other Customer-controlled component will operate correctly, continuously, securely, or compatibly with the Services.

SCALIBIT does not warrant that the Services will produce a particular business, financial, computational, scientific, technical, performance, security, availability, or operational result for the Customer.

The Customer is responsible for evaluating whether the selected Service, hardware configuration, software environment, redundancy, backup arrangements, recovery capabilities, security controls, and Service Location are appropriate for the Customer’s intended use and requirements.

25.4 Hardware and Data

Physical hardware and storage devices may fail, degrade, require replacement, or become unavailable. SCALIBIT does not warrant that any individual physical server, component, storage device, GPU, hardware model, serial-numbered unit, or other physical item will remain unchanged or failure-free throughout the Service term.

SCALIBIT does not warrant that Customer Content can be recovered following hardware failure, storage failure, corruption, deletion, reinstallation, reimaging, reprovisioning, deprovisioning, or another destructive or data-loss event. The Customer’s backup and data-protection responsibilities are governed by Section 12.

25.5 Network Resources and Internet Conditions

SCALIBIT does not warrant that any IPv4 or IPv6 address, subnet, prefix, route, reverse-DNS configuration, Internet path, latency level, throughput level, third-party network, or external destination will remain continuously available, unchanged, reachable, or acceptable to every third-party system.

SCALIBIT does not warrant any particular reputation, geolocation result, blocklist status, email-delivery result, fraud score, classification, trust status, or other treatment of an IPv4 or IPv6 address by an independent third party.

25.6 DDoS, Security and Threat Protection

Where DDoS mitigation or another network-security capability is available, SCALIBIT does not warrant that the capability will detect, prevent, absorb, block, or successfully mitigate every attack, intrusion attempt, malicious traffic pattern, vulnerability, exploit, or other security event.

No security control can eliminate all risk. The availability of network-level protection does not transfer responsibility for the security of the Customer-controlled Server Environment to SCALIBIT.

25.7 Third-Party Products and Services

Third-party software, operating systems, licenses, payment services, telecommunications services, network services, repositories, activation systems, vendor APIs, and other third-party products or services may be subject to independent availability, functionality, security, licensing, and support conditions.

SCALIBIT does not make warranties on behalf of an independent third party and is not responsible for a third party’s modification, discontinuation, failure, incompatibility, security condition, licensing decision, classification, or other action beyond SCALIBIT’s reasonable control.

25.8 Information and Technical Assistance

Technical information, troubleshooting assistance, recommendations, configuration guidance, documentation, and other assistance provided by SCALIBIT are intended to assist the Customer with Service-related matters and do not constitute a guarantee that a Customer-controlled configuration, application, workload, or technical objective will operate successfully or remain compatible after future changes.

Technical support provided by SCALIBIT does not create a warranty concerning Customer-controlled software or convert the Services into managed services.

25.9 Mandatory Rights

Nothing in this Section excludes or limits a warranty, condition, right, or remedy that cannot lawfully be excluded or limited under applicable law. Where an applicable warranty or condition cannot be fully disclaimed, it applies only to the minimum extent required by applicable law.

26. LIMITATION OF LIABILITY

26.1 Scope of Limitation

To the maximum extent permitted by applicable law, the limitations and exclusions in this Section apply to claims arising out of or relating to this Agreement, an Account, a Service Order, the Services, Network Resources, technical support, or the Parties’ relationship, regardless of whether the claim is based in contract, tort, negligence, strict liability, statute, misrepresentation, restitution, or another legal theory.

These limitations apply even if a Party was advised that a particular type of loss or damage was possible or foreseeable, except to the extent applicable law prohibits the relevant limitation.

26.2 Exclusion of Indirect and Consequential Damages

To the maximum extent permitted by applicable law, SCALIBIT will not be liable for any indirect, incidental, special, exemplary, punitive, consequential, or similar damages arising out of or relating to the Services or this Agreement.

Without limiting the preceding paragraph, SCALIBIT will not be liable for lost profits, lost revenue, lost sales, lost business opportunities, loss of goodwill, loss of anticipated savings, loss of business, loss of use, business interruption, loss of contracts, loss of customers, loss of reputation, or the cost of obtaining substitute services, except to the extent such exclusion is prohibited by applicable law.

26.3 Customer Content and Data Loss

To the maximum extent permitted by applicable law, SCALIBIT will not be liable for loss, deletion, corruption, alteration, unavailability, destruction, disclosure, or inability to recover Customer Content resulting from hardware failure, storage-device failure, Customer action, Customer-requested reinstallation or reprovisioning, Customer-controlled software or configuration, security compromise of the Server Environment, deprovisioning, or another condition for which the Customer bears responsibility under this Agreement.

The Customer’s independent backup obligations and the absence of a SCALIBIT backup or data-recovery service are established in Section 12. The Customer is responsible for maintaining backups and recovery arrangements appropriate to the value, sensitivity, criticality, and recoverability requirements of Customer Content.

26.4 Customer-Controlled Systems and Activities

SCALIBIT is not liable for loss or damage caused by or resulting from Customer-controlled software, applications, websites, databases, operating systems, workloads, configurations, security settings, firewall rules, access controls, passwords, SSH keys, administrator accounts, End Users, Authorized Users, automated processes, or other components or activities under the Customer’s control.

SCALIBIT is not liable for unauthorized access, malware, exploitation, misuse, or other third-party activity occurring through a Customer-controlled Server Environment to the extent the loss results from a condition for which the Customer is responsible under Sections 1 and 5.

26.5 External and Third-Party Conditions

To the maximum extent permitted by applicable law, SCALIBIT is not liable for loss or damage caused by events or systems beyond SCALIBIT’s reasonable control, including failures, interruptions, restrictions, routing conditions, or actions involving the public Internet, independent networks, telecommunications systems, payment providers, software vendors, licensing systems, external repositories, third-party APIs, geolocation or reputation services, or other independent third-party systems.

SCALIBIT is not liable for a third party’s decision to block, reject, classify, geolocate, rate-limit, distrust, refuse, discontinue, or otherwise treat an IPv4 or IPv6 address, Customer communication, software product, license, transaction, or other Customer activity in a particular manner.

26.6 Aggregate Liability Cap

To the maximum extent permitted by applicable law, SCALIBIT’s total aggregate liability for all claims arising out of or relating to a particular affected Service, event, or series of related events will not exceed the recurring Service fees actually paid to SCALIBIT for the affected Service during the three (3) months immediately preceding the event giving rise to the first claim.

If the affected Service had been active for less than three (3) months when the event occurred, the applicable cap will not exceed the recurring Service fees actually paid to SCALIBIT for that Service during the period from initial provisioning through the date of the event.

One-time fees, taxes, pass-through charges, third-party license fees, setup charges, procurement costs, usage-based charges, credits, promotional amounts, and fees attributable to Services not affected by the event are excluded when calculating the liability cap unless applicable law requires otherwise.

Multiple claims arising from the same event, condition, failure, interruption, course of conduct, or series of related events do not create separate liability caps. The cap applies in the aggregate to all such related claims.

26.7 Multiple Services

Where a claim materially affects more than one separately billed Service and the affected Services can reasonably be identified, the applicable liability cap will be calculated using the recurring fees paid for those affected Services during the applicable period stated in Section 26.6.

Fees paid for unrelated or unaffected Services do not increase the liability cap merely because those Services are billed through the same Account, invoice, Customer relationship, or payment method.

26.8 Credits, Refunds and Other Recoveries

Any refund, SLA credit, Service credit, billing adjustment, insurance recovery paid or provided by SCALIBIT for the same loss or event will be taken into account when determining any additional amount recoverable from SCALIBIT for that same loss or event.

The Customer is not entitled to duplicate recovery for the same loss under an SLA, Refund Policy, billing adjustment, damages claim, or other contractual or legal remedy.

26.9 Customer Payment and Indemnification Obligations

The limitations applicable to SCALIBIT’s liability under this Section do not limit the Customer’s obligation to pay fees and other amounts properly due under this Agreement.

Unless applicable law requires otherwise, the liability cap in Section 26.6 does not limit the Customer’s indemnification obligations under this Agreement, amounts arising from the Customer’s unauthorized use of SCALIBIT intellectual property or Confidential Information, or amounts properly chargeable because of the Customer’s fraud or intentional misconduct.

26.10 Matters That Cannot Lawfully Be Limited

Nothing in this Agreement excludes or limits liability to the extent that applicable law prohibits the applicable exclusion or limitation.

Where applicable law does not permit a particular exclusion but permits liability to be limited, the liability will be limited to the maximum extent permitted by applicable law.

Any legally required exception to a limitation in this Section applies only to the extent required by applicable law and does not invalidate or expand any other limitation or exclusion that remains legally enforceable.

26.11 Allocation of Risk

The fees charged for the Services reflect the allocation of responsibilities and risks established by this Agreement, including the unmanaged nature of the Services, the Customer’s responsibility for Server Environment administration and backups, and the limitations of liability stated in this Section.

The limitations and exclusions in this Section are an essential part of the Parties’ contractual allocation of risk and apply independently of any remedy that may fail of its essential purpose, to the maximum extent permitted by applicable law.

27. INDEMNIFICATION

27.1 Customer Indemnification Obligation

To the maximum extent permitted by applicable law, the Customer will defend, indemnify, and hold harmless SCALIBIT and its officers, directors, employees, and agents from and against third-party claims, demands, actions, proceedings, investigations, liabilities, judgments, settlements, damages, penalties, fines, costs, and reasonable attorneys’ fees and other reasonable professional expenses arising out of or relating to a matter described in this Section.

The Customer’s indemnification obligation applies only to the extent the applicable claim arises from or relates to the Customer, the Customer’s Account, Services, Server Environment, Network Resources, Authorized Users, End Users, Customer-controlled systems, or activities for which the Customer is responsible under this Agreement.

27.2 Customer Use and Contractual Violations

The Customer will indemnify SCALIBIT against third-party claims arising from:

• the Customer’s or an End User’s use of the Services or assigned Network Resources in violation of this Agreement, the Acceptable Use Policy, another applicable incorporated policy, or applicable law;
• a material breach by the Customer of a representation, warranty, obligation, or responsibility established by this Agreement;
• prohibited, abusive, fraudulent, deceptive, harmful, or unlawful activity conducted through or in connection with a Customer-controlled Service;
• the Customer’s failure to perform required security, remediation, compliance, or access-control obligations concerning the Server Environment; or
• materially false, misleading, unauthorized, or concealed information supplied by or on behalf of the Customer where the information gives rise to the applicable claim.

27.3 Customer Content and Third-Party Rights

The Customer will indemnify SCALIBIT against third-party claims alleging that Customer Content, Customer-provided software, data, materials, instructions, applications, workloads, business activities, or other Customer-controlled use of the Services infringes, misappropriates, violates, or unlawfully interferes with a third party’s copyright, trademark, patent, trade secret, privacy, publicity, confidentiality, contractual, data-protection, or other legal or proprietary right.

This obligation does not grant SCALIBIT any additional right to access, inspect, monitor, administer, or use Customer Content and does not alter the technical roles established elsewhere in this Agreement.

27.4 Authorized Users, End Users and Downstream Services

The Customer will indemnify SCALIBIT against third-party claims arising from persons or systems to which the Customer provides, resells, sublicenses, delegates, or otherwise permits access to or use of the Services, to the extent the claim results from activity or obligations for which the Customer is responsible under this Agreement.

The Customer is responsible for claims arising from additional warranties, service levels, representations, refund promises, compliance commitments, support commitments, or other obligations that the Customer independently makes to an End User or other third party concerning the Customer’s own service offering. SCALIBIT is not required to satisfy a Customer-created commitment that SCALIBIT did not expressly accept in writing.

27.5 Security Incidents and Customer-Controlled Systems

The Customer will indemnify SCALIBIT against third-party claims arising from a security incident, unauthorized access, malware, exploitation, compromised application, exposed service, stolen Server Administrative Access Information, insecure Customer configuration, or other security condition within a Customer-controlled Server Environment to the extent the applicable condition results from a matter for which the Customer bears responsibility under Sections 1 and 5.

The Customer’s lack of personal knowledge, intent, authorization, or participation in unauthorized third-party conduct does not reduce an indemnification obligation that otherwise arises under this Section. The occurrence of such conduct through a compromised Service does not, by itself, constitute a factual determination that the Customer personally committed or intended the conduct.

27.6 Customer-Provided Network Resources and Authorizations

Where the Customer provides IPv4 or IPv6 resources, routing authority, software, licenses, data, instructions, authorization documents, or other rights for use in connection with a Service, the Customer will indemnify SCALIBIT against third-party claims arising from the Customer’s lack of the rights or authority represented to SCALIBIT.

This includes claims arising from unauthorized routing or announcement of Customer-provided IPv4 or IPv6 resources, conflicting resource claims, invalid authorization, or infringement of third-party rights in Customer-provided materials or technology.

27.7 Defense of Indemnified Claims

SCALIBIT will provide the Customer with reasonably prompt notice of a third-party claim for which SCALIBIT seeks indemnification under this Section, provided that delay in notice will reduce the Customer’s obligations only to the extent the Customer is materially prejudiced by the delay.

Subject to this Section, the Customer may assume and control the defense of an indemnified third-party claim using legal counsel reasonably acceptable to SCALIBIT. SCALIBIT may participate in the defense through separate counsel at its own expense.

The Customer must conduct the defense in a commercially reasonable manner and keep SCALIBIT reasonably informed of material developments affecting SCALIBIT. SCALIBIT will provide reasonable cooperation concerning the defense, and the Customer will reimburse reasonable out-of-pocket costs directly incurred by SCALIBIT in providing cooperation required for the indemnified matter.

27.8 SCALIBIT Control in Certain Proceedings

SCALIBIT may assume control of its own defense where the Customer fails to timely undertake an indemnified defense, where a material conflict of interest exists between the Parties, or where the proceeding involves criminal allegations, governmental or regulatory enforcement, injunctive relief, material restrictions on SCALIBIT’s business or Services, or another circumstance in which separate control of SCALIBIT’s defense is reasonably necessary.

Where SCALIBIT reasonably assumes control because the Customer failed to perform an applicable indemnification obligation, reasonable defense costs and other amounts within the Customer’s indemnification obligation remain recoverable from the Customer.

27.9 Settlement

The Customer may not settle an indemnified claim without SCALIBIT’s prior written consent if the settlement:

• requires SCALIBIT to admit wrongdoing, fault, liability, or unlawful conduct;
• imposes a non-monetary obligation, injunction, operational restriction, continuing duty, or material business limitation on SCALIBIT;
• requires SCALIBIT to disclose Confidential Information, proprietary information, trade secrets, or security-sensitive information;
• affects SCALIBIT’s rights concerning another Customer, Service, Network Resource, supplier, or third party; or
• does not provide SCALIBIT with a complete release from the settled claim.

SCALIBIT will not unreasonably withhold consent to a settlement that fully resolves the indemnified claim, requires only payment by the Customer, imposes no admission or continuing obligation on SCALIBIT, and provides SCALIBIT with a complete release.

27.10 Exclusion for SCALIBIT-Caused Matters

The Customer is not required to indemnify SCALIBIT to the extent a final judgment or binding settlement determines that the applicable third-party claim was caused by SCALIBIT’s fraud, gross negligence, or willful misconduct.

Where a claim results from both an indemnified Customer-related matter and conduct attributable to SCALIBIT for which indemnification is not permitted under the preceding paragraph, the Customer’s indemnification obligation applies only to the portion of the claim properly attributable to the indemnified Customer-related matter.

27.11 Relationship to Liability Limitations

The Customer’s indemnification obligations under this Section are separate from claims by the Customer against SCALIBIT and, to the extent permitted by applicable law, are not limited by the liability cap applicable to SCALIBIT under Section 26.

Nothing in this Section permits double recovery of the same amount or requires the Customer to indemnify SCALIBIT for an amount that SCALIBIT has already recovered from another person for the same indemnified loss.

27.12 Survival

The obligations in this Section survive cancellation, expiration, termination, or deprovisioning of the affected Service and termination of this Agreement with respect to acts, omissions, circumstances, claims, and liabilities arising from events occurring during or relating to the applicable Service relationship.

28. FORCE MAJEURE

28.1 Force Majeure Events

Neither Party will be liable for delay or failure to perform an obligation under this Agreement to the extent the delay or failure results from an event or circumstance beyond that Party’s reasonable control and that could not reasonably have been avoided or overcome through commercially reasonable measures (“Force Majeure Event”).

Force Majeure Events may include natural disasters, earthquakes, floods, fires, severe weather, acts of war, terrorism, civil unrest, riots, governmental actions, embargoes, sanctions, legal prohibitions, acts or orders of public authorities, labor disputes or strikes not limited to the affected Party’s own workforce, epidemics or pandemics, widespread utility failures, power-grid failures, telecommunications failures, Internet or network disruptions, facility outages, cable or fiber cuts, major hardware or supply-chain disruptions, shortages of critical components, transportation disruptions, and significant cyberattacks or other malicious events that materially affect the ability to provide or receive the Services.

An event is not a Force Majeure Event merely because performance becomes more expensive, less profitable, commercially inconvenient, or more difficult. Lack of funds, inability to obtain financing, failure to maintain a valid payment method, or inability to pay amounts due is not a Force Majeure Event excusing the Customer’s payment obligations.

28.2 Effect on Performance

The affected Party’s obligation to perform will be excused only to the extent and for the period that performance is actually prevented or materially delayed by the Force Majeure Event. Obligations not affected by the Force Majeure Event remain enforceable.

A Force Majeure Event does not permanently excuse an obligation that can reasonably be performed after the event or its material effects have ended.

Where a Force Majeure Event affects only a particular Service, Service Location, function, or obligation, the effect of this Section is limited to the affected portion to the extent reasonably practicable.

28.3 Mitigation and Restoration

A Party relying on a Force Majeure Event must take commercially reasonable measures within its control to reduce the material effect of the event and resume affected performance when reasonably practicable.

SCALIBIT may use reasonable technical or operational measures to protect, restore, reroute, repair, replace, migrate, suspend, or otherwise maintain an affected Service during or following a Force Majeure Event, subject to the other provisions of this Agreement.

Nothing in this Section requires SCALIBIT to obtain replacement facilities, network capacity, hardware, power, connectivity, components, or other resources at any cost or on commercially unreasonable terms solely to avoid the effect of a Force Majeure Event.

28.4 Notice

Where reasonably practicable, a Party materially affected by a Force Majeure Event will provide reasonable notice to the other Party concerning the event and its material effect on performance.

Failure to provide advance notice does not prevent application of this Section where advance notice was not reasonably practicable because of the nature, timing, urgency, or continuing development of the Force Majeure Event.

28.5 Service Availability During a Force Majeure Event

A Force Majeure Event may result in temporary Service interruption, reduced capacity, degraded connectivity, routing changes, emergency maintenance, temporary relocation or replacement of technical resources, or other measures reasonably necessary to respond to the event.

Nothing in this Section creates a Service credit, refund, uptime commitment, restoration-time commitment, or other remedy beyond any remedy expressly provided by an applicable written SLA, Service Order, another provision of this Agreement, or mandatory applicable law.

28.6 Prolonged Force Majeure

If a Force Majeure Event prevents SCALIBIT from reasonably continuing an affected Service for a prolonged period or makes restoration of that Service commercially, technically, operationally, or legally impracticable, SCALIBIT may discontinue the affected Service in accordance with Section 19.

Where an active prepaid Service is permanently discontinued because of a Force Majeure Event and the discontinuation is not caused by Customer breach or prohibited conduct, the treatment of unused prepaid recurring Service fees is governed by Sections 18 and 19.

SCALIBIT is not required to maintain an indefinitely unavailable physical server, Service Location, network arrangement, hardware configuration, Network Resource, or other technical arrangement solely because it existed before the Force Majeure Event.

28.7 Payment Obligations

Amounts properly due for Services already provided, fees accrued before the Force Majeure Event, and other payment obligations not directly prevented by applicable law remain payable.

Where applicable sanctions, governmental restrictions, banking restrictions, or other binding legal requirements temporarily prohibit a payment or refund, the affected amount will be handled as permitted by applicable law and this Agreement when lawful processing becomes available.

29. NOTICES & ELECTRONIC COMMUNICATIONS

29.1 Electronic Communications

The Customer agrees that SCALIBIT may communicate electronically in connection with the Account, Service Orders, Services, billing, payments, renewals, support, security, maintenance, abuse matters, contractual matters, legal or compliance matters, and other aspects of the Parties’ relationship.

Electronic communications may be delivered through the Client Area, the Customer’s registered email address, Support Tickets, or another electronic method made available by SCALIBIT for the applicable purpose.

To the extent permitted by applicable law, an electronic communication, record, confirmation, notice, or agreement satisfies any requirement that the applicable communication or record be provided in writing, unless this Agreement or applicable law expressly requires a different form.

29.2 Registered Email Address

The registered email address associated with the Customer’s Account is an official communication address for notices and other communications relating to the Account and Services.

The Customer must maintain a valid, accurate, secure, and accessible registered email address and must promptly update that address through the Client Area when it changes.

The Customer is responsible for configuring its email systems, filtering, spam controls, mailbox capacity, forwarding rules, and other Customer-controlled settings so that communications from SCALIBIT can reasonably be received and reviewed.

Loss of access to the registered email address, failure to monitor it, forwarding failure, spam filtering, mailbox limits, blocking, domain or mailbox unavailability, or another Customer-controlled email condition does not relieve the Customer of obligations arising from a notice properly sent by SCALIBIT in accordance with this Agreement.

29.3 Client Area Communications

SCALIBIT may make invoices, Service information, billing records, Support Tickets, security notices, Account notices, renewal information, cancellation information, Service-status information, contractual communications, and other Account-related information available through the Client Area.

The Customer is responsible for maintaining access to the Client Area and for reasonably reviewing information made available there in connection with active Services and the Account.

Where SCALIBIT makes a communication available through the Client Area and also sends an email notification concerning that communication, failure of the email notification does not invalidate information that remains properly available through the Client Area, except where applicable law expressly requires delivery by another method.

29.4 Customer Communications to SCALIBIT

Where this Agreement requires the Customer to submit a request, instruction, dispute, cancellation, support request, Account-recovery request, sensitive technical information, legal notice, copyright or intellectual-property notice, abuse or security submission, or other action through a particular Client Area function, Support Ticket, email address, form, or other designated procedure, the Customer must use the applicable designated method.

A communication sent through ordinary email, telephone, live chat, messaging applications, social media, or another external or informal communication channel does not satisfy a specific contractual procedure requiring another designated method unless SCALIBIT expressly confirms that the alternative communication has been accepted for that particular purpose. SCALIBIT’s awareness of, response to, or discussion of an improperly submitted communication does not, by itself, convert that communication into a valid contractual submission.

Legal, governmental, regulatory, and law-enforcement requests directed to SCALIBIT are governed by Section 20 and the applicable Information Requests Policy. Other formal legal notices directed to SCALIBIT must be sent using the contact method designated for that purpose in this Agreement, the applicable Legal Center information, or applicable law.

29.5 Formal Service of Process and Statutory Notices

Nothing in this Agreement designates an email address, the Client Area, Support Ticket system, employee, officer, contractor, sales representative, billing contact, support contact, legal contact, or other electronic communication channel or person as SCALIBIT’s agent or authorized recipient for formal service of process unless SCALIBIT expressly accepts such service for the particular matter or applicable law provides otherwise.

Summonses, complaints, court documents, regulatory process, statutory notices, or other documents for which applicable law requires formal service must be delivered in the manner required by applicable law to SCALIBIT’s registered agent, registered office, or other legally authorized recipient, as applicable.

SCALIBIT may voluntarily acknowledge, receive, review, or accept a particular legal communication electronically without thereby agreeing that electronic service is legally sufficient for that or another matter and without waiving any objection or protection concerning jurisdiction, service, process, authority, scope, timing, form, or legal sufficiency.

Nothing in this Section alters any mandatory rule concerning formal service of process, statutory notice, consumer disclosure, governmental process, court notice, regulatory communication, or another communication for which applicable law prescribes a particular method, recipient, timing, consent, acknowledgment, or proof of delivery.

29.6 Effectiveness of Notices

Unless this Agreement, an applicable Service Order, or applicable law expressly provides otherwise, a notice sent by SCALIBIT to the Customer is effective when it is sent to the registered email address, made available through the Client Area, or otherwise delivered through the communication method designated for the applicable notice.

SCALIBIT is not required to establish that the Customer personally opened, read, downloaded, or acknowledged a properly delivered notice unless applicable law or the applicable contractual provision expressly requires actual receipt, acknowledgment, confirmation, or another form of delivery.

Where SCALIBIT receives an automated delivery-failure notification indicating that a registered email address is invalid or unavailable, SCALIBIT may use another available Account communication method but is not required to independently locate an alternative address that the Customer has not provided.

A Customer communication requiring receipt by SCALIBIT is effective when received through the contractual channel designated for that communication, rather than merely when the Customer attempts to send or submit it through an unauthorized, incorrect, incomplete, or non-designated method.

29.7 Electronic Orders, Acceptance and Records

The Customer agrees that Service Orders, contractual acceptances, Account actions, confirmations, authorizations, and other transactions may be created, submitted, accepted, and recorded electronically.

Acceptance through a checkbox, button, Client Area action, electronic order process, electronic confirmation, or another electronic method made available by SCALIBIT may constitute the Customer’s valid acceptance or authorization to the same extent as a handwritten signature, to the extent permitted by applicable law.

SCALIBIT may maintain electronic records of Service Orders, Account actions, invoices, payments, Support Tickets, contractual acceptances, and other transactions as part of its ordinary business records. Nothing in this paragraph represents that SCALIBIT maintains any particular category of record for a specific period beyond applicable legal, contractual, security, or operational requirements.

29.8 Customer Copies and Recordkeeping

The Customer should independently retain copies of Service Orders, invoices, contractual notices, applicable policies and terms, Support Tickets, billing records, payment records, cancellation confirmations, and other Account or Service records that the Customer reasonably requires for business, tax, accounting, legal, regulatory, compliance, dispute-resolution, or operational purposes.

The fact that a communication, invoice, Support Ticket, notice, record, or other information was made available through the Client Area or another SCALIBIT system does not constitute a representation that the information will remain accessible to the Customer indefinitely. SCALIBIT does not warrant indefinite Client Area availability of every historical communication, invoice, notice, Support Ticket, transaction record, or other record merely because the record was previously accessible electronically.

Nothing in this Section limits or alters any record-retention, preservation, or disclosure obligation imposed directly on SCALIBIT by applicable law, valid legal process, or another binding legal requirement.

29.9 Changes to Contact Information

The Customer must promptly update material Account contact information when it changes, including the registered email address and other contact information reasonably necessary for administration of the Account and Services.

A change to the Customer’s personnel, business name, internal responsibility, Authorized Users, billing personnel, technical personnel, ownership, management, or other organizational circumstances does not automatically update the information maintained through the Account. The Customer remains responsible for making the required Account changes and, where applicable, completing any verification or Account-transfer procedure required by this Agreement.

SCALIBIT may rely on the most current contact information properly associated with the Account unless and until that information is validly updated.

29.10 Urgent and Service-Related Communications

SCALIBIT may use reasonable electronic communication methods to provide urgent information concerning security incidents, abuse matters, maintenance, Service interruptions, payment conditions, Network Resource changes, legal or compliance requirements, or other matters requiring timely Customer attention.

Where immediate technical, security, legal, abuse-prevention, or other protective action is permitted or required under this Agreement or applicable law, SCALIBIT is not required to delay that action solely because the Customer has not yet opened, acknowledged, or responded to an electronic notice.

29.11 No Expansion of Communication Requirements

A communication practice used by SCALIBIT in one instance does not create a continuing obligation to use the same communication method, number of reminders, notice sequence, timing, format, or level of follow-up in another instance unless this Agreement, an applicable Service Order, or applicable law expressly requires it.

Courtesy reminders, duplicate notices, telephone calls, follow-up emails, manual follow-up, or other additional communications do not modify the underlying due date, deadline, contractual procedure, notice requirement, or Customer obligation to which they relate.

30. GENERAL CONTRACT TERMS

30.1 Independent Parties

The Parties are independent contracting parties. Nothing in this Agreement creates a partnership, joint venture, franchise, fiduciary relationship, employment relationship, agency, or other relationship that authorizes either Party to bind or incur obligations on behalf of the other Party except where expressly agreed in writing.

The Customer has no authority to make representations, warranties, commitments, agreements, Service Level Agreements, refund commitments, certifications, or other obligations on behalf of SCALIBIT or to represent that the Customer is an agent, partner, employee, affiliate, distributor, representative, or authorized reseller of SCALIBIT unless SCALIBIT has expressly granted the applicable authority or status in writing.

30.2 No Third-Party Beneficiaries

Except where this Agreement expressly provides otherwise, this Agreement is entered into solely for the benefit of SCALIBIT and the Customer and does not create enforceable contractual rights in any End User, Authorized User, Customer affiliate, reseller customer, downstream customer, employee, contractor, supplier, claimant, or other third party.

A person’s use of a system, application, website, workload, Network Resource, or other service operated, hosted, resold, or otherwise made available by the Customer through the Services does not make that person a third-party beneficiary of this Agreement or create a direct contractual relationship between that person and SCALIBIT.

30.3 Assignment of the Agreement

Except as expressly permitted by this Agreement, required by applicable law, or approved in advance by SCALIBIT, the Customer may not assign, transfer, delegate, novate, sublicense, or otherwise convey this Agreement, an Account, a Service Order, or material contractual rights or obligations under this Agreement to another person or legal entity without SCALIBIT’s prior written consent.

This restriction includes an attempted transfer of the contracting Customer, Account ownership, or contractual responsibility for an active Service to a different natural person or legal entity, whether by agreement, sale, reorganization, acquisition, asset transfer, succession, or another transaction, except to the extent applicable law requires SCALIBIT to recognize the transfer notwithstanding this restriction.

A change in shareholders, members, investors, directors, managers, officers, or beneficial owners does not automatically constitute an assignment where the contracting legal entity remains unchanged. However, a material ownership, control, organizational, or authority change may require updated Account, authority, ownership, payment, security, sanctions, export-control, or other verification where reasonably necessary under Section 2 or another applicable provision of this Agreement.

Where a merger, conversion, reorganization, acquisition, dissolution, asset transfer, succession, or other transaction changes the legal person responsible for the Account or Services, the Customer must reasonably cooperate with any Account-transition, verification, contractual-acceptance, or transfer procedure necessary to establish the successor contracting party.

SCALIBIT may require a proposed transferee or successor to create or verify an Account, establish authority, accept the then-applicable contractual terms, satisfy outstanding payment obligations, satisfy applicable fraud, abuse, sanctions, export-control, licensing, security, and compliance requirements, and complete other reasonable risk-based verification before SCALIBIT approves a transfer.

SCALIBIT is not required to approve or facilitate a proposed assignment or successor arrangement where continued provision of the affected Services would violate applicable law, sanctions, export-control requirements, licensing restrictions, Upstream Provider requirements, technical limitations, payment requirements, security requirements, or another material contractual, compliance, or operational restriction.

SCALIBIT may assign or transfer this Agreement, in whole or in relevant part, to an affiliate or to a successor in connection with a merger, reorganization, financing, acquisition, sale of business or assets, corporate restructuring, or other transaction involving the business or Services to which this Agreement relates.

Any permitted assignment remains subject to applicable law and does not, by itself, expand the Customer’s payment obligations or materially reduce an expressly purchased Service resource during an existing prepaid Service period.

30.4 No Account Trading

The Customer must not sell, auction, trade, broker, pledge, rent, lease, or otherwise transfer or make available a SCALIBIT Account, Account identity, Client Area access, or Account-level privileges to another person or entity as though the Account itself were a freely transferable asset.

The Customer must not sell, transfer, disclose, provide, or permit use of Client Area Access Information, authentication devices, passwords, multi-factor or two-factor authentication methods, recovery codes, recovery methods, or other Account-security mechanisms for the purpose of circumventing the Authorized User, Account-security, verification, ownership-dispute, or Account-transfer procedures established by this Agreement.

This Section does not prohibit the Customer from granting properly authorized Account access to an Authorized User in accordance with Section 3. An Authorized User does not become the owner of the Account, the contracting Customer, or an independent party to this Agreement merely because the Customer authorizes that person to perform Account functions.

Permitted downstream use, hosting, resale, delegation of technical administration, or operation of a Customer-controlled Service by another person does not constitute a permitted transfer of the Customer’s Account or contractual position and does not relieve the Customer of responsibility to SCALIBIT under this Agreement.

30.5 Transfer of Individual Services and Resources

An individual Dedicated Server, GPU Server, Service Order, assigned Network Resource, third-party software license, or other Service-related resource may not be independently transferred from one SCALIBIT Account or contracting Customer to another Account or contracting party unless SCALIBIT expressly approves the transfer and the transfer is technically, contractually, legally, and operationally permitted.

Approval of a Service or resource transfer may depend on factors including Account ownership and authority, payment status, outstanding balances, fraud or abuse risk, Account security, sanctions and export-control requirements, applicable software or license restrictions, Upstream Provider requirements, Service Location, resource availability, technical feasibility, verification of the proposed recipient, and other matters reasonably relevant to the proposed transfer.

SCALIBIT does not guarantee that an IPv4 address, IPv6 address, subnet, prefix, other Network Resource, third-party software license, promotional price, discounted term, legacy price, geographic allocation, historical configuration, hardware allocation, or other Service-specific attribute can or will be transferred together with an affected Service.

Where SCALIBIT approves a transfer, SCALIBIT may require the receiving Account or Customer to accept then-current pricing, contractual terms, Service configuration, licensing requirements, verification requirements, or other terms applicable to the transferred Service or resource. Any such requirements will apply as stated or accepted in connection with the approved transfer.

Nothing in this Section requires SCALIBIT to separate, migrate, copy, export, transfer, or recover Customer Content as part of an Account or Service transfer. The Customer remains responsible for Customer Content, backups, migration, and Server Environment administration in accordance with the applicable provisions of this Agreement.

30.6 Use of Service Providers and Contractors

SCALIBIT may use affiliates, contractors, professional advisers, suppliers, payment providers, Upstream Providers, network providers, facility operators, licensors, and other service providers where reasonably necessary to operate its business or provide, support, secure, maintain, or administer the Services.

Use of another person or entity in providing a function does not, by itself, create a contractual relationship between that person or entity and the Customer or make that person or entity a party to this Agreement. SCALIBIT remains the Customer’s contracting party except where an applicable Service Order or separate written agreement expressly states otherwise.

Nothing in this Section requires SCALIBIT to disclose non-public supplier relationships, commercial arrangements, technical architecture, infrastructure arrangements, or other Confidential Information except where disclosure is required by applicable law.

30.7 Entire Agreement

This Agreement, together with the applicable Service Order, any applicable service-specific term, addendum, or written SLA, the incorporated contractual policies, and any other written agreement expressly made part of the contractual relationship, constitutes the entire agreement between SCALIBIT and the Customer concerning its subject matter and supersedes prior or contemporaneous proposals, discussions, representations, negotiations, understandings, and agreements concerning the same subject matter.

The order of precedence among applicable contractual documents is governed by Section 1.

A sales discussion, Support Ticket, ordinary email, live-chat conversation, telephone call, marketing statement, knowledge-base article, technical recommendation, courtesy assistance, or other communication does not modify this Agreement or an applicable Service Order unless the communication expressly constitutes an authorized contractual amendment or other binding written commitment by SCALIBIT.

30.8 Waiver

A Party’s failure or delay in exercising a right, remedy, power, or privilege under this Agreement does not waive that right, remedy, power, or privilege.

A waiver is effective only for the specific matter for which it is given and does not constitute a continuing waiver or waiver of another or later breach unless expressly stated.

A courtesy, accommodation, extension, exception, delayed enforcement decision, partial enforcement action, technical assistance, billing accommodation, or other discretionary action by SCALIBIT in one instance does not amend this Agreement or require SCALIBIT to provide the same or similar treatment in another instance.

30.9 Severability and Reformation

If a provision of this Agreement is held invalid, illegal, or unenforceable by a court or tribunal with jurisdiction, the remaining provisions will remain in effect to the maximum extent permitted by applicable law.

Where legally permissible, an invalid or unenforceable provision will be interpreted, limited, or reformed only to the minimum extent necessary to make it enforceable while preserving the Parties’ original contractual intent as closely as reasonably possible.

If a provision cannot lawfully be reformed, it will be severed only to the extent necessary and the remainder of this Agreement will continue in effect.

30.10 Cumulative Rights and Remedies

Except where this Agreement expressly provides that a particular remedy is exclusive, rights and remedies available under this Agreement are cumulative and may be exercised together with other rights or remedies available under applicable law.

Exercise of one contractual right or remedy does not prevent exercise of another available right or remedy relating to the same or a different matter, subject to any applicable prohibition against double recovery for the same loss.

30.11 Headings, References and Interpretation

Section headings and titles are provided for convenience and do not limit or control the meaning of the substantive provisions of this Agreement.

References to a “Section” mean a section of this Agreement unless the context clearly indicates otherwise. Words such as “including”, “includes”, and “include” are illustrative and do not limit the preceding term to the listed examples.

Words used in the singular include the plural where appropriate, and words used in the plural include the singular where appropriate. References to laws or regulations include applicable amendments, replacements, successor provisions, and implementing rules unless the context requires otherwise.

The word “may” is not intended to create a mandatory obligation unless the context expressly provides otherwise. The words “must”, “will”, and “shall”, where used as an obligation, indicate a contractual requirement subject to any qualification stated in the applicable provision.

30.12 Electronic Execution and Counterparts

This Agreement, a Service Order, addendum, or other agreement between the Parties may be accepted or executed electronically to the extent permitted by applicable law.

Where a separate written agreement is executed in counterparts, each counterpart is deemed an original and all counterparts together constitute one instrument. Electronic signatures, electronic acceptances, and electronically transmitted copies may be treated as originals to the extent permitted by applicable law.

30.13 Language

The authoritative language of this Agreement is English. SCALIBIT may provide translations for convenience, accessibility, or informational purposes.

Unless applicable law requires otherwise, if a translated version differs from or is inconsistent with the English version, the English version controls to the extent of the inconsistency.

A translation does not independently modify, expand, or reduce the rights or obligations stated in the authoritative English version.

30.14 No Construction Against Drafter

To the extent permitted by applicable law, this Agreement will not be interpreted against a Party solely because that Party or its representative drafted or proposed a provision. The Agreement will be interpreted according to its text, context, contractual structure, and applicable law.

30.15 Conflicts With Mandatory Law

Where a mandatory provision of applicable law conflicts with a provision of this Agreement and cannot lawfully be varied by contract, the mandatory legal requirement controls only to the extent of the conflict.

Application of a mandatory legal requirement in one jurisdiction or circumstance does not modify the Agreement for another jurisdiction or circumstance where that legal requirement does not apply.

30.16 Statutory Parental-Control Notice

To the extent applicable to SCALIBIT as a provider of an interactive computer service under 47 U.S.C. § 230(d), the Customer is notified that parental-control protections, including computer hardware, software, operating-system or device controls, and filtering services, are commercially available and may assist in limiting access by minors to material that may be harmful to them.

Current providers of parental-control protections include Apple, including Screen Time and related parental-control features; Google, including Family Link; and Microsoft, including Family Safety. These examples are not exhaustive, and the availability, names, features, compatibility, pricing, and terms of third-party parental-control products and services may change over time.

SCALIBIT does not provide, administer, select, endorse, certify, warrant, monitor, or assume responsibility for any particular parental-control product or service.

31. GOVERNING LAW; DISPUTE RESOLUTION & ARBITRATION

31.1 Governing Law

Except to the extent mandatory applicable law requires otherwise, this Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement, an Account, Service Order, Service, Network Resource, or the Parties’ relationship will be governed by the laws of the State of Wyoming, United States, without regard to conflict-of-laws rules that would require application of the laws of another jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Application of Wyoming law does not eliminate any non-waivable right or protection that applicable law requires to apply to a Customer notwithstanding a contractual choice of law.

31.2 Informal Dispute Resolution

Except where immediate relief is reasonably necessary to prevent material and irreparable harm or applicable law requires otherwise, before commencing arbitration or litigation concerning a dispute arising out of or relating to this Agreement, the Party asserting the dispute must provide the other Party with written notice describing the nature of the dispute, the material facts supporting the claim, and the relief requested.

The Parties will attempt in good faith to resolve the dispute informally for thirty (30) days after receipt of a sufficiently detailed dispute notice before commencing arbitration or litigation, unless immediate relief is reasonably necessary to prevent material and irreparable harm or applicable law requires a shorter period.

A Customer dispute notice must be submitted through a Support Ticket and must clearly state that it is a formal dispute notice under this Section. If a separate legal-notice address is designated by SCALIBIT in the Legal Center, the Customer should also send the notice using that designated method.

Informal dispute resolution does not suspend payment of undisputed amounts, extend a Service term, prevent expiration of an unpaid Service, or require continued provision of a Service that SCALIBIT is otherwise entitled or required to restrict, suspend, or terminate under this Agreement.

31.3 Agreement to Arbitrate

Except for disputes expressly excluded from arbitration under this Section and except where applicable law provides a non-waivable right to proceed in another forum, the Parties agree that any dispute, claim, or controversy arising out of or relating to this Agreement, an Account, a Service Order, the Services, Network Resources, billing, suspension, termination, or the Parties’ relationship will be resolved by binding arbitration rather than by a judge or jury in court.

This arbitration agreement is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, to the extent applicable. The arbitrator, and not a court, will have authority to resolve disputes concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court of competent jurisdiction may determine the enforceability of the class-action waiver in Section 31.8 where applicable law requires judicial determination of that issue.

31.4 Arbitration Administrator and Rules

Arbitration will be administered by the American Arbitration Association (“AAA”) under the arbitration rules applicable to the dispute at the time the arbitration is commenced.

Where the Customer qualifies as a consumer and applicable law or AAA requirements make the AAA Consumer Arbitration Rules applicable, the arbitration will proceed under those rules. In other cases, the AAA Commercial Arbitration Rules will apply unless the Parties agree in writing to another applicable arbitration procedure.

If AAA is unavailable or declines to administer a dispute and the Parties cannot agree on a substitute administrator, either Party may request that a court of competent jurisdiction appoint a neutral arbitration administrator or arbitrator consistent with the FAA and the substantive requirements of this Section.

31.5 Arbitration Location and Manner

Unless applicable consumer law or the applicable AAA rules require otherwise, the legal seat of arbitration will be in Cheyenne, Wyoming, United States.

The arbitrator may permit hearings to be conducted by video conference, telephone, written submissions, or another reasonably efficient method consistent with the applicable arbitration rules and the circumstances of the dispute. The Parties may agree to conduct the arbitration entirely remotely.

The language of the arbitration will be English unless the Parties agree otherwise or applicable law requires another arrangement.

31.6 Arbitration Fees and Costs

Arbitration filing fees, administrative fees, arbitrator compensation, and other arbitration costs will be allocated in accordance with the applicable AAA rules and applicable law.

Each Party will initially bear its own attorneys’ fees and other professional expenses unless the applicable law, arbitration rules, this Agreement, or the arbitrator’s final award permits or requires a different allocation.

Nothing in this Section requires a consumer to pay arbitration costs that applicable law or the applicable consumer-arbitration rules require SCALIBIT to bear.

31.7 Arbitration Award and Remedies

The arbitrator may award any individual remedy or relief that would be available to the applicable Party under this Agreement and applicable law, subject to the contractual limitations, exclusions, and liability provisions that are legally enforceable.

The arbitrator must issue a written award stating the material basis for the decision where required by the applicable arbitration rules or reasonably requested by a Party. Judgment on the arbitration award may be entered and enforced in any court having jurisdiction.

The arbitrator may not award relief prohibited by this Agreement or applicable law and may not modify the material terms of this Agreement except to the extent necessary to apply a mandatory legal requirement.

31.8 Individual Proceedings; Class and Representative Action Waiver

To the maximum extent permitted by applicable law, disputes subject to arbitration must be brought and resolved only on an individual basis. Neither Party may bring or participate in a class action, collective action, consolidated action, representative action, private-attorney-general action, or another proceeding seeking relief on behalf of persons other than the individual Party asserting the claim.

Unless the Parties expressly agree otherwise in writing, the arbitrator may not consolidate claims of different customers or parties and may not preside over any form of class, collective, consolidated, or representative proceeding.

If a final judicial determination holds that a particular claim or requested remedy cannot lawfully be subject to the individual-proceeding requirement in this Section, only that claim or remedy will proceed in the forum required by applicable law, while the remaining arbitrable claims will remain subject to arbitration to the maximum extent legally permitted.

31.9 Jury Trial Waiver

For any dispute that is permitted or required to proceed in court rather than arbitration, each Party knowingly and voluntarily waives trial by jury to the maximum extent permitted by applicable law.

Where a jury-trial waiver is not legally enforceable for a particular dispute, that limitation does not affect the enforceability of the remaining provisions of this Agreement.

31.10 Small Claims Court

Either Party may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies for that court and remains within its jurisdictional limits.

A small claims proceeding must remain individual and may not be used to pursue a class, collective, consolidated, or representative claim to the extent such limitation is permitted by applicable law.

31.11 Injunctive and Protective Relief

Nothing in this Section prevents either Party from seeking temporary, preliminary, or emergency injunctive or protective relief from a court of competent jurisdiction where such relief is reasonably necessary to prevent imminent misuse of Confidential Information, infringement or misappropriation of intellectual property, unauthorized access, security compromise, or other material and irreparable harm pending resolution of the underlying dispute.

Seeking such interim relief does not waive arbitration of claims that are otherwise subject to this Section.

31.12 Court Proceedings and Venue

Where a dispute is not subject to arbitration, or where court proceedings are permitted under this Section, the Parties consent to the personal jurisdiction of the state or federal courts located in or having jurisdiction over Laramie County, Wyoming, United States, except where mandatory applicable law requires another forum.

To the maximum extent permitted by applicable law, the Parties agree that such courts will be the exclusive venue for disputes that may properly be litigated in court under this Agreement.

Nothing in this paragraph prevents a Party from seeking recognition or enforcement of an arbitration award or final judgment in another jurisdiction where assets, persons, or other legally relevant interests are located.

31.13 Time Limit for Claims

To the maximum extent permitted by applicable law, a claim arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the claimant knew or reasonably should have known of the facts giving rise to the claim.

This contractual limitation period does not apply where applicable law prohibits shortening the otherwise applicable limitation period or requires a longer non-waivable period.

The informal dispute-resolution period required by Section 31.2 will not cause an otherwise timely claim to become untimely if the claim is commenced promptly after completion of that required informal process.

31.14 Confidentiality of Dispute Proceedings

To the extent permitted by applicable law and the applicable arbitration rules, the Parties will treat non-public materials, evidence, Confidential Information, trade secrets, security-sensitive information, and non-public submissions exchanged in connection with a dispute as confidential and use them only for purposes reasonably necessary to resolve or enforce the dispute.

Nothing in this paragraph prohibits disclosure reasonably necessary to legal counsel, professional advisers, witnesses, experts, the arbitrator, arbitration administrator, a court, governmental authority, insurer, or another person where disclosure is legally required or reasonably necessary to pursue or defend the proceeding.

31.15 Survival

This Section survives cancellation, expiration, termination, or deprovisioning of a Service and termination of this Agreement with respect to disputes arising from or relating to the Parties’ relationship.

32. CONTACT INFORMATION & CHANGES TO THIS AGREEMENT

32.1 Contact Information

Customer support requests must be submitted through the Client Area at https://scalibit.com/login using the applicable Support Ticket or other designated Client Area function.

General corporate, legal, and compliance contact information may be published or updated in SCALIBIT’s Legal Center at https://scalibit.com/legal. Legal and governmental requests are subject to Section 20 and SCALIBIT’s Information Requests Policy.

SCALIBIT’s registered or principal business address, where required for formal notice or publication, will be identified in the applicable Legal Center contact information or other official corporate information. [CONFIRM LEGAL ENTITY NAME AND REGISTERED/BUSINESS ADDRESS BEFORE PUBLICATION.]

32.2 Changes to this Agreement

SCALIBIT may amend this Agreement from time to time to reflect changes in the Services, law, regulation, security requirements, technology, business operations, commercial practices, contractual structure, or other legitimate circumstances affecting the Services or the Parties’ relationship.

An amendment will become effective on the effective date identified in the revised Agreement. Where reasonably practicable, SCALIBIT will provide notice of a material change affecting active Services through the registered email address, the Client Area, or another reasonable electronic method before the change becomes effective, and may also publish the change on its website. Where advance notice is not reasonably practicable because of applicable law, a material security or abuse risk, or another urgent circumstance requiring prompt implementation, notice may be provided when the change becomes effective.

Continued use of an affected Service after an amendment becomes effective constitutes acceptance of the revised Agreement to the extent permitted by applicable law. If applicable law requires a different form of consent for a particular amendment, SCALIBIT will use the legally required method for that amendment.

An amendment to this Agreement does not retroactively alter rights or liabilities that fully accrued before the amendment became effective and does not modify a specific commercial or technical commitment expressly stated in an existing Service Order for its then-current prepaid Service period unless the Service Order permits the change, the Parties agree to the change, or the change is required by applicable law.

Pricing changes are governed by Section 17. Changes to an incorporated policy apply according to the subject matter of that policy and this Agreement and do not override an express Service Order term except as permitted by the contractual order of precedence established in Section 1.

The current version of this Agreement will be made available through SCALIBIT’s Legal Center with the applicable Effective Date and Last Updated date. The Customer should review the then-current Agreement and applicable incorporated policies from time to time while using the Services.