TERMS AND CONDITIONS

Last Updated: July 15, 2021

AI/ML is a service which provides YOU a platform for machine learning models developing, tracking and training (“Service”). AI/ML is provided by Quantum Cloud International Pte. Ltd. (“QCI”), but if YOU are in Taiwan, the service of AI/ML is provided by Unimax Electronics Inc (“UEI”) to YOU. By using and accessing AI/ML, including all associated features, functionalities and/or websites, YOU agree to be bound by this TERMS AND CONDITIONS (“Agreement”) and any new and updated versions hereof. YOU represent to us that YOU are lawfully able to enter into contracts. When YOU use this Service, YOU shall be an adult by the laws of the country where YOU reside in. If YOU are accepting this Agreement on behalf of a company or other legal entity, YOU represent that YOU have the authority to bind such entity, its affiliates and all users who access AI/ML through YOUR account, in which case the terms "YOU" or "YOUR" shall refer to such entity, its affiliates and users associated with it.

IF YOU DO NOT AGREE WITH THIS AGREEMENT, OR IF YOU DO NOT HAVE THE FORESAID AUTHORITY, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT ACCESS AI/ML AND USE THE SERVICES THEREOF.

1. DEFINITIONS

1.1

QCI means Quantum Cloud International Pte. Ltd., a company organized and existing under the laws of Singapore, with registered address at 6 Temasek Boulevard, #09-05 Suntec Tower Four Singapore 038986.

1.2

UEI means Unimax Electronics Inc. (宇碩電子股份有限公司), a company organized and existing under the laws of Taiwan, with its principal place of business at No.15, Lide Rd., Beitou Dist., Taipei 112, Taiwan.

1.3

Payment Processor means the third-party payment processor charges YOU for use of the Services. The payment processor would be Stripe (https://stripe.com/to) or ECPay (https://www.ecpay.com.tw/) based on YOUR location.

1.4

Force Majeure Event means any governmental or relevant regulatory regulations, acts of God, war, riot, civil commotion, fire, flood, or any disaster or an industrial dispute of workers which beyond the reasonable control of YOU or us. Any act, event, omission, happening or non-happening will only be considered Force Majeure Event if it is not attributable to the willful act, neglect or failure to take reasonable precautions of the affected party, its agents, employees, consultants, contractors and sub-contractors.

1.5

Services mean AI/ML, or any service and/or software providing to YOU by us in AI/ML website.

1.6

Account means an account created by completing the registration procedure in AI/ML’s website.

1.7

Downtime means loss of external connectivity or persistent disk access for all applicable running Instances

1.8

Downtime Period means a period of ten (10) or more consecutive minutes of Downtime. Partial minutes or intermittent Downtime for a period of less than ten (10) minutes will not be counted towards any Downtime Periods (for example, a 15 minutes Downtime will be counted as 15 minutes Downtime Periods, but a 9 minutes Downtime will not be counted to Downtime Periods).

1.9

Uptime Percentage means total number of minutes in 30 days, minus the number of minutes of Downtime suffered from all Downtime Periods in an applicable 30-day period, divided by the total number of minutes in 30 days.

1.10

Instance means a single container hosted as part of the Service.

1.11

Maintenance Time means a period of time we upgrade, maintain, or repair our Services.

2. PROVISION OF SERVICES

2.1

Creating an Account. YOU will need an Account to access the Services. When YOU create an Account, YOU agree to (i) provide us information that is accurate, complete, and current at all times, failure to do so may result in immediate termination of YOUR Account and YOUR use of the Services; (ii) create a strong password; (iii) implement appropriate measures to safeguard the password and to secure access to any device which has access to YOUR Account; (iv) maintain the security of YOUR Account by protecting YOUR password and by restricting access to YOUR Account, we cannot and will not be liable for any loss or damage from YOUR failure to comply with this security obligation; (v) promptly notify us if YOU are aware of any security breaches concerning YOUR Account so that we can take required measures to secure YOUR Account; (vi) take responsibility for all activities occurred under YOUR Account and accept all risks of any authorized or unauthorized access to YOUR Account, to the maximum extent permitted by law.

2.2

Account Safety. We will never ask YOU to disclose YOUR password. It is advisable to change YOUR password regularly in order to reduce the risk of security breach in relation to YOUR Account. YOU are also advised not to choose a password that is easily guessed from information someone might know or gather about YOU or a password that has a meaning. YOU must never allow anyone to access YOUR Account or watch YOU accessing YOUR Account. If we reasonably suspect that YOUR Account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), we may suspend YOUR Account until YOU can reclaim ownership. If YOU are having trouble accessing YOUR Account, contact our support team: contact_us@quantumcloudai.com.

2.3

Using the Services & Support. Subject to the terms of this Agreement, we hereby grant YOU a limited, personal, revocable, non-commercial and non-exclusive license to use the Services. YOU may not sublicense or transfer these rights without express written permission from us. We may provide YOU with reasonable technical support services.

2.4

Using Third-Party Apps and Services. The Services may allow YOU to access or acquire products, services, websites, links, content, material, games, skills, integrations, bots or applications from independent third parties (companies or people who aren’t us) ("Third-Party Apps and Services"). You should review the third-party terms and privacy policies before acquiring, using, requesting, or accessing any Third-Party Apps and Services. Any third-party terms do not modify any terms of this Agreement. You are responsible for YOUR dealings with third parties. We do not license any intellectual property to YOU as part of any Third-Party Apps and Services and is not responsible or liable to YOU or others for information or services provided by any Third-Party Apps and Services.

2.5

Services Change. We may change, discontinue, or deprecate the Services, or change or remove features or functionality of the Services from time to time. If we make a material change to the Services, we will inform Customer via the email address associated with the Account. We shall not be liable to YOU or to any third party for any updates, change, suspension or discontinuance of the Services.

2.6

Services Maintenance. We may upgrade, maintain, or repair the Services at Maintenance Time. We will give YOU prior notice of the maintenance information and Maintenance Time. Maintenance Time will not be counted to Downtime Periods

2.7

Beta Services. We reserve the right to offer features or functionalities that we’re still testing and evaluating (“Beta Services”). Notwithstanding anything to the contrary in this Agreement, the following terms apply to all Beta Services: (a) YOU may use or decline to use any Beta Services at YOUR own discretion; (b) Beta Services may not be supported and may be changed at any time without notice to YOU; (c) Beta Services may not be as reliable or available as Services; and (d) we will have no liability arising from or in connection with the use of Beta Services.

2.8

New Services. We may: (i) make new applications, tools, features or functionality available from time to time through the Services and (ii) add new services to the "Services" definition from time to time, the use of which may be contingent upon YOUR agreement to additional terms.

3. USER CONTENT

3.1

Content YOU Generate. YOU may post, upload, store, or otherwise contribute contents YOU generated by using the Services to AI/ML (which may include, for example, source code, pictures, text, messages, information, descriptions and compilations, and/or other types of contents) (“User Content”). We do not claim ownership of User Content.

3.2

YOUR Responsibilities. YOU are solely responsible for all User Content that YOU post, upload, store or contribute to AI/ML. We are not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU represent and warrant that YOU own or have the right to post all User Content on AI/ML and that such User Content (i) does not violate the Agreements or any applicable law, nor infringe upon any intellectual property rights, publicity, personality, or other rights of any third party; (ii) does not include material that is violent, offensive, abusive, defamatory, pornographic, threatening, or obscene; (iii) does not include any personal data of any third parties for any purposes; (vi) does not include malicious content such as malware, Trojan horses, or viruses, or other content that may interfere with any user’s access to the Services or AI/ML; and (v) does not involve commercial or sales activities, including but not limited to advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by us.

3.3

Our Rights. We may, but has no obligation to, monitor, review, or edit User Content from time to time. If YOU violate this Agreement, we reserve the right, at our sole discretion, to remove or disable access to any or all User Content. We may take these actions without prior notification to YOU. Unless otherwise stated in this Agreement, the extent of the removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. When investigating alleged violations of this Agreement, we reserve the right to review YOUR User Content in order to resolve the issue.

4. USE TERMS

4.1

Restrictions. YOU MAY NOT AND WILL NOT ALLOW ANY THIRD PARTY TO:

(a)
Sell, resell, lease, loan, distribute, transfer or sublicense the Services or access credentials (including but not limited to YOUR Account) for any purposes including but not limited to direct or indirect commercial or monetary gain;

(b)
Modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Services;

(c)
Reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services; and

(d)
Use or access the Service:

(i) in any way prohibited by law, regulation, governmental order or decree; (ii) to engage activities that leads to or may lead to infringement of any rights of others or violation of the privacy of others; (iii) to gain or try to gain unauthorized access to, test the vulnerability of, or disrupt the Services or any other service, device, data, account or network; (iv) to spam or distribute malware; (v) in any way that could harm or impair the use of the Services; (vi) in any way intended to work around the Service’s technical limitations, recurring fees or usage limits; or (vii) in any application or situation where failure of the Services could lead to the death or serious bodily injury of any person.

4.2

Protection and Backup. YOU are solely responsible for the proper configuration and use of the Services. YOU are solely responsible for maintaining appropriate security, protection, archives, and backup of YOUR User Content, which may include, but is not limited to, the use of encryption technology and implementation of routine backups of User Content and changing Account passwords.

4.3

Abuse. Abuse or excessively frequent requests to the Services may result in the temporary or permanent suspension of access to YOUR Account. We, in our sole discretion, will determine abuse or excessive usage on a case-to-case basis.

4.4

Breach of the Agreement. All rights granted to YOU in this Agreement are conditional on YOUR continued compliance with this Agreement, if YOU do not comply with any term or condition of this Agreement, we may, at our sole discretion and determination, temporarily or permanently suspend YOUR use of Services, or immediately terminate this Agreement.

5. PAYMENT TERMS

5.1

Payment Options. The pricing and payment terms are available at our website. We support the following payment options:

(a)
Reserved Plan

(i) Service Fees. If YOU agree to purchase Reserved Plan Services, which will keep YOUR Service Fees remain unchanged for the duration of the payment term, YOU authorize recurring payments and will be charged the subscription fee in advance on a 30-days basis or another interval which you subscribe via Payment Processor.

(ii) Upgrades. If YOU wish to upgrade to a higher level of subscription plan, YOU may apply the upgrade by clicking “Change” under “Current Plan” on YOUR ”Billing” page. If the upgrade is applicable to YOU, we will bill YOU for the upgraded plan immediately and the upgraded subscription period will take effect after YOU finish the payment. If the previous subscription period has not expired when the upgraded subscription take effect, we may convert the remaining period into a deduction for YOUR next payment subscription period.

(iii) Downgrades. If YOU wish to downgrade to a lower level of subscription plan, YOU may apply the downgrade by clicking “Change” under “Current Plan” on YOUR “Billing” page. We will provide YOU with the notice of whether the downgrade is applicable to YOU within three (3) days prior to the end of the current subscription period. If the downgrade is applicable to YOU, the downgrade will take effect the day after the last day of the current subscription period. YOU acknowledge that downgrading may cause the loss of features or storage capacity of YOUR Account, and we are not responsible or liable for such loss arising out of YOUR downgrades. In the event that the downgrade is not applicable to YOU, YOU may cancel YOUR subscription prior to the end of YOUR current applicable subscription period to avoid being charged for automatic renewal.

(iv) Renewal; Cancellation. YOU agree that the subscription will automatically renew at the end of YOUR current applicable subscription period, unless YOU cancel YOUR subscription before the end of the then-current subscription period by going into YOUR Account settings. When YOU cancel YOUR subscription, YOUR subscription will automatically terminate at the end of the then-current period, and YOU will not be able to use the Services after the expiration of the then-current period. YOU acknowledge that if YOU re-purchase any subscription after the cancellation, the new subscription period will take effect immediately after YOU finish the payment, regardless any remaining period of previous cancellation.

(v) User Content Deletion, YOU agree that after 168 hours (7 days) since your subscription cancellation takes effect, if YOU have not re-purchased any subscription, YOUR User Content will be deleted.

(b)
Pay As You Go

(i) Service Fees. This payment option applies to Pay As You Go and charges YOU for the time YOU use per GPU at the end of each day.

(ii) Usage. The records of YOUR usage are logged by our system and are the final conclusive evidence for calculating YOUR fees. YOU can change the number of GPU in YOUR Account settings.

(iii) Cancellation. YOU may cancel YOUR plan any time by going into YOUR Account settings and stop using all the Services.

(iv) User Content Deletion, YOU agree that if YOU do not use the GPU for 168 hours (7 days), YOUR User Content will be deleted.

(c)
Trial

From time to time, we may offer trials for a specified period without payment or at a reduced rate ("Trial"). We may determine YOUR eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. For some Trials, we'll require YOU to provide YOUR payment details to start the Trial. By providing such details YOU agree that we may automatically begin charging YOU for the Pay As You Go rates as you continue using GPUs. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CLOSE ALL RUNNING GPUs or CANCEL YOUR SUBSCRIPTION PLAN BEFORE THE END OF THE TRIAL BY GOING INTO YOUR ACCOUNT SETTINGS.

5.2

Payment Method. By authorizing payments, YOU are authorizing Payment Processor to store YOUR payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from YOUR designated account, or as charges to YOUR designated account (for credit card or similar payments) (collectively, "Electronic Payments"). If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, we reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment. YOU further agree that we may cease YOUR account and delete YOUR User Content if YOU cannot fulfill YOUR payment obligation within seven (7) days.

5.3

Tax. The price stated for the Services are exclusive of all taxes, levies, or duties imposed by taxing authorities. YOU shall be responsible for payment of all such taxes, levies, or duties, unless stated otherwise, and YOU shall pay us for Services without any reduction for taxes. If we are obligated to collect or pay taxes, taxes will be invoiced to YOU, unless YOU provide us with a timely and valid tax exemption certificate authorized by the appropriate taxing authority.

5.4

Price Changes. We may change the price for the subscription plans, subscription periods or the per-hour rate at any time. We will communicate any price changes to YOU at least fifteen (15) days before the price change and, if applicable, how to accept those changes. If YOU agree with a price change, the new price will take effect at the start of the next subscription period, or the next 30-day period if YOU choose Pay As You Go option, following the date of the price change. If YOU do not agree with a price change, YOUR subscription will deemed cancelled at the day after the last day of the current subscription period.

5.5

Non-Refundable. Unless otherwise provided by law or by a particular service offered by us, all purchases are final and non-refundable. We do not provide refunds or credits for any partial subscription periods.

6. SERVICE COMMITMENT

6.1

Service Level Objective. We will use commercially reasonable efforts to make the Services available with an Uptime Percentage of at least 99.5% during each 30-day period (“Service Level Objective” or “SLO”). If we do not meet the SLO, and if YOU meet YOUR obligations under this section, YOU will be eligible to receive the Service Credits described below.

6.2

Service Credits.Service Credits are calculated as a percentage of the total charges paid by YOU for the applicable 30-day period in which the Downtime Period occurred in accordance with the schedule below.

Uptime Percentage	Service Credit Percentage
99.0% - < 99.5%	10%
95.0% - < 99.0%	25%
< 95.0%	50%

6.3

Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by us to YOU for any and all Downtime Periods that occur in the 30-day period will not exceed 50% of the amount due by YOU for such 30-day period. Service Credits will be made in the form of a monetary credit applied to future payment of the Service and will be issued by us within sixty (60) days after the Service Credit was requested. Service Credits will not entitle YOU to any refund or other payment from us. A Service Credit will be applicable and issued only if the credit amount for the applicable billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.

6.4

Service Credit Request. In order to receive any of the Service Credits described above, YOU must notify our support team (contact_us@quantumcloudai.com) within thirty (30) days from the time Downtime Period occurred and must provide evidence that showing loss of external connectivity errors and the date and time those errors occurred. YOUR failure to provide the request and other information as required above will disqualify YOU from receiving a Service Credit. Unless otherwise provided in the Agreement, this section sets forth your sole and exclusive remedies, and our sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide the Included Services.

6.5

Exclusions. The Service Commitment does not apply to any unavailability, suspension or termination of the Service, or any other Service performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the Service; (ii) that result from any actions or inactions of YOU or any third party, including failure to acknowledge a recovery volume; (iii) that result from YOUR equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (iv) arising from our suspension or termination of YOUR right to use the Service in accordance with the Agreement.

7. WARRANTIES AND LIABITITY

7.1

Disclaimers. YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED “AS IS”. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU, INCLUDING BUT NOT LIMITED TO RELATED COST OF ALL NECESSARY SERVICE AND REPAIR. TO THE EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SERVICES AND/OR SOFTWARE OR ANY OTHER INFORMATION OR DOCUMENTATION PROVIDED UNDER THESE TERMS AND CONDITIONS OR FOR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF USAGE OR OUT OF COURSE OF PERFORMANCE. WE ALSO MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. IF THE JURISDICTIONS YOU RESIDE DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

7.2

Limitation of Liability. THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. IN NO EVENT SHALL WE, OUR LICENSORS, SERVICE PROVIDERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, DATA LOSS, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES OR ANY PART THEREOF, EVEN IF WE HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE FEES PAID BY YOU REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES. IF THE JURISDICTIONS YOU RESIDE DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

8. INDEMNITY

YOU agree to defend, indemnify and hold harmless us and our affiliates, service providers, syndicators, distributors, licensors, officers, directors, and employees, from and against any and all losses, damages, liabilities, and expenses arising out of any claim or demand (including reasonable attorneys' fees and court costs), due to or in connection with YOUR User Content and YOUR usage of the Services in violation of this Agreement or any applicable law or regulation, or third-party rights.

9. CONFIDENTIALITY

YOU agree that YOU have a duty to protect and not to disclose or cause to be disclosed in whole or in part of any confidential information of the Services provided by us including but not limited to trade secrets, copyrighted material in any form to any third party. Termination of this Agreement does not relieve YOU of YOUR obligations to keep our confidential information in confidence. The obligation of confidentiality shall continue until the confidential information ceases to be confidential.

10. INTELLECTUAL PROPERTY RIGHTS

10.1

Our Rights. YOU acknowledge and agree that all patents, trademarks, service marks, copyrights, know how, software, text, design, graphics, logos, interactive features and all intellectual property rights related thereto (“IP Rights”), title, and interest to or arising from the Services are and shall remain the exclusive property of us or our licensor. Nothing in this Agreement intends to transfer any such IP Rights to YOU or provide YOU with any rights to use the IP Rights. Any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including but not limited to copyright laws and trademark laws.

10.2

Restrictions. YOU further acknowledge and agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any proprietary information or enforce limitations on use of the Services or such proprietary information therein.

10.3

YOUR Feedbacks. By sending any information, material, ideas, concepts or techniques except for personal information to us through the Services (“Feedbacks”), YOU acknowledge and agree that: (i) YOUR Feedbacks shall not contain any confidential or proprietary information of any third party and not infringe upon any intellectual property rights of any third party; (ii) we are under no obligation of any kind of confidentiality, whether express or implied, regarding the Feedbacks; (iii) YOU grant us a worldwide, perpetual and free license to use or disclose, at our sole discretion, the Feedbacks for any purpose; and (iv) YOU are not entitled to any compensation or reimbursement of any kind from the Feedbacks.

10.4

If YOU believe that any content of the Services infringes YOUR or any third party’s intellectual property rights, or an infringement notification is required in accordance with applicable laws or regulations, please submit the notification to us through contact_us@quantumcloudai.com, we will proceed with the corresponding procedure in accordance with applicable laws.

10.5

Upon receipt of an infringement notification from a copyright holder or its agent, we will remove, disable YOUR access to or may take other actions to alleged infringing content in accordance with applicable laws. If YOU believe that such content were not infringing, YOU may submit a counter notification to us, we will proceed with the corresponding procedure in accordance with applicable laws.

11. PRIVACY POLICY

Due to respect to personal information, we are committed to protecting and respecting YOUR privacy with Privacy Policy.

12. MODIFICATIONS AND AMENDMENTS

We reserve the right to amend or modify any portion of this Agreement at any time by publishing the revised version of this Agreement on our website. The changes will become effective and shall be deemed accepted by YOU when YOU continue to use the Services after the publishing of the revised Agreement and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that YOU do not agree with any such modification, YOUR sole and exclusive remedy is to cease the use of the Services and request us to cancel YOUR Account. YOU agree that we shall not be liable to YOU or any third party for any losses suffered by any modification or amendment of this Agreement.

13. TERM AND TERMINATION

13.1

This Agreement will be effective as of the date YOU access AI/ML.

13.2

YOU may request us to cancel YOUR Account at any time and cease the use of the Services at any time. When YOUR Account is cancelled, YOU will not be able to use or access YOUR Account anymore. YOUR request of cancellation of YOUR Account, or YOUR cessation of use of any subscription will not entitle YOU to any refund, including of any subscription fees. We reserve the right to collect fees, surcharges or costs incurred prior to the request of cancellation of YOUR Account or termination of YOUR subscription.

13.3

We may cancel YOUR Account or any subscription at any time in the event that (a) we reasonably determine YOU fail to comply with or breach any provision of this Agreement, or (b) we cease providing the Services to similarly situated subscribers generally. In the event that YOUR Account or a subscription is cancelled by us for a violation of this Agreement or improper or illegal activity, no refund, including of any subscription fees will be granted.

14. NOTICES AND COMMUNICATION

14.1

We reserve the right to send notices to, and communicate with YOU by any means of communication available to us, with the contact details provided by YOU. If YOU would like to receive our eDMs or newsletters to keep YOU up to date with our latest news, promotions and upcoming events, we will send the eDMs or newsletters if YOU opt-in for the subscription in the Account registration process.

14.2

YOU agree to the acceptance of notices by means of electronic delivery.

14.3

YOU may contact us through support located at contact_us@quantumcloudai.com.

15. GOVERING LAW AND DISPUTE RESOLUTION

15.1

Unless otherwise state in 15.2, this Agreement is governed by the laws of Singapore and any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, against QCI shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English.

15.2

If YOU are in Taiwan, the governing law of the Agreement shall be the substantive law of Taiwan and any dispute arising out of or in connection with this Agreement against UEI shall be submitted to Taiwan Taipei district court.

16. FORCE MAJEURE

If we are unable to perform obligations set forth in this Agreement due to the Force Majeure Event, we will not have any responsibility or liability to YOU with respect to any failure or delay in the performance of the Services or any other obligations stipulated under this Agreement.

17. LINKS TO THIRD-PARTY WEBSITES

The Services may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the performance, content, terms and conditions, privacy policies of any third-party website. By using the Services, YOU expressly release us from any and all liability arising from YOUR use of any third-party website.

18. ASSIGNMENT

YOU may not assign any of YOUR rights or obligations in this Agreement or transfer any rights to use the Services, but this Agreement may be assigned, in whole or in part, by us without restriction and any prior notices to YOU. Any attempt by YOU to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.

19. WAIVER

Any failure or delay of us to exercise any right under this Agreement shall not be deemed to be a waiver of such right.

20. HEADINGS

The headings contained in this Agreement are for convenience of reference only and shall not constitute a part hereof or define, limit or otherwise affect the meaning of any of the terms or provisions hereof.

21. PREVAILING LANGUAGE

The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

22. CONTACT US

If YOU have any questions relating to this Agreement, YOUR right and obligations arising from this Agreement and/or YOUR use of the Services, and/or YOUR Account or any other matters, please contact us through support located at contact_us@quantumcloudai.com.

Privacy Policy

Quantum Cloud International Pte. Ltd. and its affiliated entities companies (hereinafter referred to as “QCI”, “QuantumCloud” and/or “we/our/us”) are committed to protecting and respecting your privacy. We endeavor to comply with all applicable laws on privacy protection and personal data security. QCI Privacy Policy, together with any privacy-related notices or statements that contain supplementary information in connection with particular QCI products and services you are using (hereinafter referred to as “Privacy Policy”), outline our privacy practices regarding the collection, use and safeguard of your personal data through QCI products and services, both online and offline we provide. In Privacy Policy, we also outline whom we may share or disclose the collected personal data.

If you are a child, you shall access or use QCI products and services only after your parents (or your guardian) read and agree our Privacy Policy and agree to provide your personal data to QCI.

1. Data collected by QCI and how QCI uses such data

This paragraph introduces what of your data may be collected by QCI and how QCI may use such data collected through QCI products and services.

When you use QCI products and services (for example, QCI software, official websites and customer support services), we may need to collect certain personal data from you when you use or interact with QCI products and services.

The following is an overview of the personal data QCI may collect and how QCI may use such collected personal data. Please be noted that we will only collect certain items of your personal data for particular purposes based on the QCI products and services you actually use. Please also be noted that what items of the personal data will be collected vary according to the nature of the products and services. Moreover, in some countries, in order to avoid wrongfully collecting and using children’s personal data, you may need to additionally provide your age or the contact data of your parents (or guardian) so that we could obtain the consent from your parents (or guardian). Furthermore, when you use QCI products and services, we may collect the following anonymous data which could not directly or indirectly identify you.

When you use QCI products and services, you do not have to provide your personal data based on our request. However, if you choose not to provide your personal data to QCI, we may not be able to provide the corresponding QCI products and services or respond to your inquires.

1.1 The personal data collected by QCI

Personal data means any data which could directly or indirectly identify you, such as your name, email address and IP address. QCI may collect your following personal data based on your prior consent:

1
Your true, accurate, current and complete registration data, such as your e-mail address when you sign up for a QuantumCloud Account. If you use your social media account (for example, your Facebook or Google account) to sign up for a QuantumCloud Account, such social media provider (for example, Facebook Inc. or Google Inc.) may share your personal data under your social media account (for example, name, email address and profile picture) based on your consent. Moreover, when you log in your QuantumCloud Account, you can provide additional personal data to edit your account profile (for example, your name), and to enjoy QCI products and services associated with your QuantumCloud Account.

2
Your third party payment account information such as PayPal, LinePay and/ or WeChat Pay account ID when you would like to redeem your Q-coins. Moreover, if you are located in certain countries, you may need to additionally provide your personal data for tax declaration (for example, your citizen ID number).

3
Your company tax ID number (if you are a business user) and physical address for the issuance and delivery of invoice when you purchase our paid services.

4
Your product data, such as your IP address when you use QCI products and services

5
Your contact information such as name and email address when you contact QCI (for example, by filling out an online contact form on QCI official website) and/or request for eDM subscription.

1.2 How QCI uses your personal data

We may use your personal data for the purposes below:

1
To assess and improve QCI products and services.

2
To obtain customer feedback and to analyze user experience for the purpose of development and evaluation of new products and services.

3
To fulfill the sign-up process of QuantumCloud Account and to experience QCI products and services associated with QuantumCloud Account.

4
To provide money, virtual points and/or commodities (if applicable) converted from your Q-coins to your third party payment account.

5
To provide you with necessary functions of QCI products and services.

6
To issue invoice and deliver it to you if you subscribe to our paid services.

7
To process and fulfill any subscriptions you have signed up for, including QCI eDMs or newsletters to keep you up to date with the latest QCI news, promotions and upcoming events. You may unsubscribe it at any time with no charge.

8
To send you important notifications, such as communications about changes to our terms, conditions and policies. Because of the importance of such communications, you may not opt out of receiving these communications.

9
To provide you with customer support services (for example, to respond to your questions) and our customer care.

10
To provide you with personalized marketing services, for example, using third party advertising cookies to offer marketing communications and advertising that we believe may be of interest to you, or recommendations about services you may be interested in based on your use of QCI products and services.

11
Any other purposes with your prior consent.

1.3 The anonymous data collected by QCI and how QCI uses such anonymous data

Anonymous data means any data which could not directly or indirectly identify you, such as your product model name and the amount of your Q-coins. When you use QCI products and services, we may collect the following anonymous data from you, and use such collected anonymous data for any purposes. Moreover, when the following anonymous data is connected with your personal data listed above, under such circumstances, we will also treat such anonymous data as personal data and protect such anonymous data at the same level of protection for personal data.

1
Your log data associated with QCI products and services, such as the model name and number of your GPUs, the amount of your hashing power and Q-coins, the duration of your GPU processing, your purchased pricing plans, open and close time of certain functions and your usage time of QCI products and services.

2
Your AI training information associated with QCI products and services, such as name and notes of AI projects, checkpoints, loss and learning rate when using QCI AI-related services.

2. Retention of your personal data

This paragraph introduces how long QCI retains your personal data.

We will retain your personal data for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is permitted by law or required to fulfill other necessary purposes. For example, for customer relationship management purpose, we may retain your personal data within adequate and reasonable period; to comply with tax law or other laws and regulations, we may retain your personal data within the period requested by such laws and regulations; to follow requests from governments or judiciary for purposes such as investigation or lawsuit, we may retain your personal data for longer retention period. Moreover, if you wish to withdraw your previous consent to collect your personal data from QCI, we will stop collecting your personal data by your request and will only retain your personal data collected before such request for withdrawal.

3. To whom QCI discloses your personal data

This paragraph introduces QCI may share your personal data to third parties under limited circumstances and purposes.
Your personal data will not be disclosed to any third parties without one of the following exceptions:

3.1 Your Consent

We will only disclose or share your personal data to other third parties with your prior consent.

3.2 Business Partners

We may disclose hashed and anonymized data to our business partners, for example, business partners who provide data analytics services or advertising and marketing communications based on the hashed and anonymized data through third party advertising cookies.

3.3 Service Providers

We may disclose and share necessary items of your personal data to our service providers that provide services for or on behalf of us, for instance, third party payment providers processing your billing. These service providers shall only use your personal data in compliance with our instruction and with the scope of the purposes hereof; QCI ensures that all of our service providers strictly comply with the Privacy Policy.

3.4 For legal, protection, security purposes

We may disclose or share necessary items of your personal data with third parties for one of the following legal or security purposes:
To the extent it is required by applicable laws or regulations or competent governmental or judicial authorities, necessary to establish or preserve a legal claim or defense, or necessary to prevent fraud or other illegal activities.
To protect the rights, property or safety of QCI, our service providers, customers or the public, as required or permitted by law.

4. Cross-border processing of your personal data

This paragraph introduces QCI may transfer your personal data to different countries under the premises that QCI should comply with privacy-related laws and regulation in such countries.

You understand and consent that when you agree to provide your personal data to QCI, your personal data may be transferred, stored, used or processed at QCI and any of its affiliated entities, service providers who may be located in a different country to you. All said transfer, storage, or process of your personal data, shall be subject to the Privacy Policy and applicable laws on privacy protection and personal data security in such country.

5. Cookies and similar technologies

This paragraph introduces how QCI and third parties use cookies and similar technologies on QCI products and services, and how you can manage cookies settings.

QCI and our third party partners use cookies (cookies are small text files placed on your products to personalize your user experience with QCI products and services) and similar technologies such as web beacons to provide our products and services to you. When you visit one of our websites under QCI’s website domain (including microsites and versions of particular country/region), such QCI website may use some or all of the following cookies and similar technologies.

5.1 How we use Cookies

1
In order to enrich and perfect your online experiences, we use the following cookies which are essential to QCI products and services:

(A) Sign-up and authentication: We use cookies to store your unique sign-up ID number and authentication data on your products. Cookies allow you to visit and move from page to page within QCI products and services without having to log in again on subsequent visits.

2
For analytics purpose and to provide you with personalized advertising services and other functions, we use the following cookies to optimize your experiences in using QCI products and services:

(A) Analytics : We use cookies to count the number and length of your visits in QCI products and services as well as which part or features you visit the most. This data helps us analyze the performance and operation of QCI products and services to improve performance and develop new features, functions and services, such as Google Tag Manager cookies and Google Analytics cookies provided by Google Inc. For the above purposes, when you browse our websites, we may store your personal data such as IP address and your QuantumCloud Account ID in QCI through the above cookies.

(B) Targeting and advertising : We use cookies to collect data about your use in QCI products and services and identify your interests, such as the advertisings you have viewed. Such cookies are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns. QCI places cookies by using advertising campaign services, such as Google AdWords cookies and Google Double Click cookies provided by Google Inc. The data cookies collect are only used between QCI and advertising campaign service providers.

5.2 How to manage cookies settings

1
Please note that you can configure cookies settings by accessing the browser you installed to accept, block or delete some or all of cookies (for example, third party cookies).

2
In some countries, for the first time you browse QCI websites, we may put a brief introduction on how we use cookies in a banner placed on the top side of such QCI websites. You may freely choose to accept or block the above third party cookies through such banner.

3
If you choose to block cookies, you may not be able to use all of the features of QCI products and services.

4
The functions of cookies settings may vary depending on the type and version of browser you installed. We try to list common and widely-used types of browsers as following. You may refer to the following linkage to understand how to control your cookies settings through such browsers (The content in the following linkage is English. For your easier reading, please find the language option in the following linkage to select your preferred language). Also, if you do not use anyone of the following browsers, or the content in the following linkage is removed or not accessible, please visit those browsers’ privacy-related statements or support pages for further information. You may also refer to https://www.aboutcookies.org/ (the content in this linkage is English) which introduces how to manage your cookies settings through various browsers.

How to control your cookies settings through Google Chrome browser:
https://support.google.com/chrome/answer/95647?hl=en/li
How to control your cookies settings through Microsoft Internet Explorer browser:
https://support.microsoft.com/en-us/help/278835/how-to-delete-cookie-files-in-internet-explorer
How to control your cookies settings through Mozilla Firefox browser:
https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
How to control your cookies settings through Apple Safari browser:
https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac

6. Third-party links in QCI products and services

This paragraph introduces when you visit any links or use any services provided by third parties, please always refer to privacy-related statements issued by third parties.

QCI products and services may contain links to third-party websites. Please be aware that QCI is not responsible for the security, the privacy practices and the materials of those third-party websites. We encourage you to be aware of when you leave our websites, and to read the privacy statements of those third-party websites carefully. This Privacy Policy applies to QCI products and services only.

7. Security

This paragraph introduces how QCI protects your personal data and provide some suggestions on how to protect your personal data at your end.

We take precautions to protect your personal data against unauthorized access, alteration, disclosure or destruction. We conduct internal reviews of our data collection, storage and processing practices and technical and organizational security measures, as well as physical security measures to guard against unauthorized access to systems where we store your personal data. When you submit your personal data to us, your personal data is protected both online and offline. However, QCI cannot guarantee perfect security on the internet. To protect your personal data from unauthorized access, we recommend that you:

7.1 To appropriately protect your QuantumCloud Account, for example:

1
To use alphanumerical passwords when signing up QuantumCloud Account.

2
To use your own account name and password to log in QuantumCloud Account. Also, you are solely and entirely responsible for securing the confidentiality of your account name and password and for any and all activities that occur under your QuantumCloud Account.

3
To change your passwords of QuantumCloud Account on a regular basis.

4
To immediately contact us when you find that the account name/password of your QuantumCloud Account had been misappropriated. QuantumCloud Account may suspend or terminate the permission to login your QuantumCloud Account with such account name/password (or any part thereof), and remove your personal data related to your QuantumCloud Account.

7.2 To keep your products up to date by applying the latest available security updates for your software and use such tools as virus/spyware scanners.

7.3 If you become aware of a technical vulnerability affecting QCI products and services, please do not hesitate to contact us via the following email addresses:
QuantumCloud Computing Platform - support@quantumcloudai.com
QuantumCloud AI/ML - contact_us@quantumcloudai.com

8. How to manage your personal data

This paragraph introduces that if you may have any inquiries or requests on your personal data collected by QCI.

8.1 Cookies settings (Please refer to “How to manage cookies settings”->“Cookies and similar technologies” in this Privacy Policy.)

1
You can manage cookies settings through the browser you installed to accept, block or delete some or all of cookies (for example, third party cookies) or adopt other settings at all times.

8.2 Contact QCI to manage your personal data

If you have any requests and inquiries about your personal data under your QuantumCloud Account or other personal data collected by QCI, such as request for access, correction, download, block, deletion, withdrawing consent, objecting QCI from using some or all of your personal data (for example, you may contact us if you consider QCI may wrongfully collect and use your personal data) and restricting QCI from using your personal data under some certain circumstances (for example, you may contact us if you do not wish your personal data to be analyzed) at all times, you may contact us through the following email addresses:
QuantumCloud Computing Platform - support@quantumcloudai.com
QuantumCloud AI/ML - contact_us@quantumcloudai.com

8.3 Whenever you use QCI products and services, we strive to maintain the accuracy of your personal data and protect your personal data against any accidental or malicious destruction. We will accommodate your requests regarding your personal data; however, we may not be able to fulfill your above requests in one of the following circumstances:

1
As required or permitted under applicable laws;

2
For legitimate business purposes;

3
Unreasonably repetitive requests that require disproportionate technical efforts and resources, for example, developing a new system or fundamentally changing the current practices;

4
Potentially risks on the privacy of others;

9. Children’s Privacy

This paragraph introduces that in order to protect children’s privacy, if you are a child, please seek your parents (or guardian)’s consent before you provide your personal data to QCI. Also, if your parents (or guardian) would like to manage your personal data, he/she may contact us through the following email addresses:
QuantumCloud Computing Platform - support@quantumcloudai.com
QuantumCloud AI/ML - contact_us@quantumcloudai.com

We do not knowingly collect personal data from a child below the age of sixteen (16), or equivalent minimum age in the relevant jurisdiction, without parental consent. We encourage parents (or guardian) to take an active role in a child’s online activities and interests while using QCI products and services.

If you are a child, please seek parental consent before your use of QCI products and services. You may only submit your personal data with parental (or guardian’s) consent to us. Your parents (or guardian) can contact us through our email addresses to revoke or withdraw any consent previously given, request for access, correction, download, block, deletion, objecting QCI from using some or all of your personal data (for example, your parents (or guardian) may contact us if he/she considers QCI may wrongfully collect and use your personal data) and restricting QCI from using your personal data under certain circumstances (for example, your parents (or guardian) may contact us if he/she does not wish your personal data to be analyzed) at all times. Our email addresses are the following:
QuantumCloud Computing Platform - support@quantumcloudai.com
QuantumCloud AI/ML - contact_us@quantumcloudai.com

10. Sensitive Personal Data

QCI will never ask you to provide sensitive personal data such as data about your medical or health records, political, religious or philosophical beliefs, criminal offences (alleged, or committed), criminal conviction background, racial or ethnic origin, trade union membership, sexual orientation, sexual history, behavior or genetic data. Please refrain from providing us with such sensitive personal data.

11. Changes to QCI Privacy Policy

We may change the Privacy Policy from time to time, we highly recommend you periodically review the Privacy Policy posted on our websites. By accessing or using our products and services after the Privacy Policy has been updated, QCI will deem that you consent to the Privacy Policy, including any updates. The most current version of the Privacy Policy will always be available on this page; a prominent notice such as email notification will be delivered to you about any significant changes. You can always check the “updated time” at the bottom for the most current version of Privacy Policy.

12. Contacting Us

If you have any inquiries, questions, comments or complaints about the Privacy Policy, or if you believe that QCI did not comply with the Privacy Policy, please feel free to contact us. If you consider we may not appropriately deal with any issues related to your personal data collected by QCI, please be noted that it is your right to lodge a complaint with government authorities handling personal data protection in your country.

Quantum Cloud International Pte. Ltd.
Address: 6 Temasek Boulevard, #09-05 Suntec Tower Four Singapore 038986
Email:
QuantumCloud Computing Platform - support@quantumcloudai.com
QuantumCloud AI/ML - contact_us@quantumcloudai.com

Updated 12, April 2021 by Quantum Cloud International Pte. Ltd.