User Agreement

Version dated 20 October 2026

1 Service Provider and Scope of the Service

1.1. Товарищество с ограниченной ответственностью «Колибри.Эксперт» (a limited liability partnership), Business Identification Number (BIN) 220740014218, Republic of Kazakhstan, 010000, Astana, Baikonyr District, 24 Almukhan Sembinov Street, Apt. 511 (the “Provider”), provides remote access to cloud computing resources with GPUs through xgpu.store. Support and complaints: support@xgpu.store. The User selects an available configuration, region and software image; the specifications and price of the particular service are determined by the order.

1.2. The service consists of providing computing capacity and agreed additional resources, rather than achieving a particular result in model training, generation, research or any other task. The User independently assesses the suitability of the resources for a particular project, software compatibility and economic feasibility. This does not remove the obligation to provide the agreed resource specifications.

1.3. The service is intended for adult individuals with legal capacity and for organisations. An organisation’s representative confirms their authority. A consumer is an individual using the service for personal needs unrelated to business activities; this status is determined by the actual purpose, not solely by the option selected.

2 Orders and Account Security

2.1. By placing a paid order after reviewing this Agreement and the pricing terms, the User accepts them. Before confirming the order, the User checks the selected resources and cost. Merely visiting the website does not create an obligation to pay.

2.2. The User provides accurate information, does not share passwords or private keys with unauthorised persons, and restricts access by their employees. In the event of a compromise, the User must immediately change the available access credentials and contact support. The Provider may temporarily restrict suspicious operations for investigation. Disputed actions are assessed on the basis of evidence and circumstances, rather than being automatically attributed to the User.

2.3. The User pays for resources properly provided pursuant to orders placed by the User or their authorised persons. The User is responsible for the consequences of their security breaches to the extent provided by law. Account protection measures do not release the Provider from its own security obligations.

3 Availability and Support

3.1. The catalogue does not reserve available capacity: creation depends on actual availability. If creation fails and no resource is provided, any erroneous charge must be corrected. The Provider may engage infrastructure suppliers while remaining responsible to the User to the extent established by law and this Agreement.

3.2. An SLA, a guaranteed availability percentage, recovery times and special backups apply only if separately agreed in writing. Support covers access, billing and operation of the service; administration of the User’s software, model debugging and recovery of deleted data are not included in the basic service. The absence of an SLA does not remove service quality requirements.

4 Price and Hourly Charges

4.1. The rate and specifications are displayed before launch. The balance is displayed in USD as an accounting measure of advance payments for services; it is not a bank account and does not earn a return. The final amount, actual payment currency, conversion, mandatory fees and taxes are disclosed before payment.

4.2. Launch requires a balance sufficient for at least one hour. The first hour is charged after successful creation; hourly charges apply thereafter. The unit of an order is each commenced hour of resource allocation; no voluntary adjustment is made for the unused portion of an hour properly provided. This does not exclude mandatory adjustments required by law.

4.3. Charges relate to the provision and reservation of the resource, not GPU utilisation. Logging out of the account, closing SSH, terminating a program or stopping an environment without deleting it does not stop billing. Successful deletion of the environment is required to end the rental. The User checks the final status and promptly contacts support in the event of an error.

4.4. Separate disks may remain and continue to incur charges after the environment is deleted. They must be deleted separately after downloading any required data. Other additional costs are permitted only if disclosed and agreed before ordering. If charges continue because of a confirmed deletion failure not attributable to the User, unjustified amounts are corrected; a technical error does not create an unconditional obligation to pay.

4.5. The User monitors the balance. If there are insufficient funds for the next charge, the system attempts to delete the environment; preservation of files is not guaranteed. No free storage period is provided after the balance is exhausted. A low-balance notification, if available, is supplementary and does not replace monitoring by the User. Automatic top-up requires a separate selection.

4.6. Paid advances remain accounted for until used or included in final settlement, without arbitrary forfeiture. A statement is provided on request to support. Free bonuses are not deposited money and cannot be exchanged for money; their usage rules and validity period are disclosed before the bonus is granted. Paid advances and bonuses are accounted for separately.

5 Changes to Prices and Terms

5.1. New orders are subject to the price displayed before launch. The rate for an environment already running is not increased retroactively or without the User’s consent. If a change of terms is necessary, the Provider offers a new order or lawful termination of the current order, allowing a reasonable opportunity to download data.

5.2. The Provider gives advance notice of material changes to the terms on the website and by email to the account address before applying them to new orders. New terms do not alter claims that have already arisen. Necessary urgent measures for security and compliance with the law may be applied immediately, with subsequent notice where permitted. Terms requiring consent are not accepted on the User’s behalf through their silence.

6 Cancellation of Services and Refunds

6.1. No voluntary money-back guarantee is offered for resources properly provided. Failure to use an available resource, unsatisfactory results from the User’s software, changes of plans or an error in selection do not, in themselves, entitle the User to demand a refund for a service already properly rendered. Mandatory statutory rights are preserved.

6.2. The User may cancel further service by deleting paid resources or sending a clear termination request to support. Final settlement takes into account services rendered and documented actual expenses that the law permits to be charged to the customer. The same expenses are not recovered twice; an arbitrary penalty or the entire advance payment is not treated as actual expenses.

6.3. The balance of the paid advance after lawful deductions is refunded upon termination of the relevant obligations to the extent required by law. A refund is also made for an erroneous or duplicate payment and for a service not rendered if the Provider has no lawful basis to retain the amount. Service defects and damage are addressed under applicable law; a refund to the internal balance does not replace a mandatory monetary refund without the User’s consent.

6.4. A request must be sent to support@xgpu.store from the account email address and include the order or payment identifier, amount, period, description and requested remedy. Proportionate verification of the payer is permitted to prevent fraud. Passwords, private keys and full card details are not requested. The absence of an optional document is not an automatic ground for rejecting a lawful claim.

6.5. A response to a complaint is sent within 10 calendar days of receipt; if the claim is disputed, the response includes reasons and supporting documents. If the law sets a shorter period for satisfying the claim, that period applies. A payment due for refund is returned without unjustified delay within the mandatory statutory period. The Provider requests only the necessary correct payment details for the transfer; such a request does not remove statutory time limits or the User’s rights.

6.6. Where possible, refunds are made to the original payer using the original payment method. If this is technically or legally impossible, the parties agree on a permitted alternative method. The time for funds to be credited depends on the payment operator. Fees are deducted only where there is a lawful basis and a substantiated calculation; no unconditional fee is charged for every refund.

7 User Data and Licences

7.1. The User retains rights to their files, models and results. The Provider may process them only to the extent necessary for the service, pursuant to agreed instructions and in cases provided by law. This Agreement does not authorise the Provider to independently train its models on User data.

7.2. The User is responsible for licences, rights to source data and the lawfulness of tasks, checks results and maintains independent backups. Deletion of a resource may be irreversible. The service is not intended to hold the sole copy of critical data or to support systems whose failure threatens life or health, unless special requirements are separately agreed in writing.

7.3. Before uploading third parties’ personal data, the User ensures a lawful basis and agrees the necessary processing terms and regions with the Provider. Selecting a GPU region does not mean that all account data, logs and payment data are localised in that region.

8 Violations and Access Restrictions

8.1. Unlawful tasks, malicious code, attacks, unauthorised access, fraud, infringement of others’ rights, spam and circumvention of technical restrictions are prohibited. Mining, mass network scanning and resale of access are permitted only with prior written agreement. The User must not interfere with other customers or the infrastructure.

8.2. Where there are reasonable grounds to suspect a violation, the Provider may proportionately restrict the affected functions. Immediate blocking is permitted in the event of an imminent threat; in other cases, a reasonable opportunity to remedy the violation is provided. The reason and appeal procedure are communicated unless prohibited by law or doing so would disclose a vulnerability.

8.3. In the event of blocking, the status of paid resources, the need for deletion and applicable charges are explained separately. Charges may continue only for resources lawfully provided or retained by agreement, and not automatically for a service unavailable due to the Provider’s fault. Safe downloading of data is provided where technically possible and not legally prohibited; special storage is agreed separately.

8.4. A material or repeated violation may result in termination of the contract in accordance with the law. Blocking does not entail confiscation of the advance payment. Proven damage caused by the User’s culpable actions is recovered in accordance with the law, without a pre-established unlimited indemnity for any third-party claims.

9 Liability and Limits of Risk

9.1. The Provider is not liable for failure to achieve an expected business result where agreed resources have been properly provided, for errors in the User’s software or for other consequences to the extent caused by the User’s actions rather than the Provider’s breach. Use of infrastructure suppliers does not, in itself, release the Provider from liability; an ordinary supplier failure is not automatically declared force majeure.

9.2. Solely in dealings with organisations and entrepreneurs using the service for business, and to the extent permitted by law: lost profits and indirect losses are not recoverable; aggregate contractual liability for a single incident and related claims is limited to the fees for the affected resources for the 90 calendar days preceding the incident. If the period of use is shorter, that entire period is taken into account, including the fee for the day of the incident.

9.3. Clause 9.2 does not apply to consumers, intentional breaches, gross negligence, harm to life or health, mandatory monetary refunds and billing corrections, or any other liability that the law prohibits limiting. It does not reduce mandatory compensation where the Provider withdraws from the contract under Article 686 of the Civil Code of the Republic of Kazakhstan. Personal data rights are not restricted by this limit.

10 Claims and Termination of the Contract

10.1. The law of the Republic of Kazakhstan applies, with mandatory consumer protection preserved. The parties may first submit a claim using the contact details in Section 1. For B2B disputes, a 10-calendar-day pre-litigation claims period applies; thereafter, the dispute is heard by the competent court at the Provider’s location if the law permits such jurisdiction. Consumers retain their statutory choice of court and means of protection.

10.2. Requests to close an account are sent to support. Before closure, the parties agree on resource deletion, lawful final settlement and the disposition of data. The Provider terminates the contract on its own initiative only in compliance with the lawful grounds and consequences. Invalidity of an individual clause does not invalidate the remaining lawful terms. Effective date: 20 October 2026.