Terms of Service.

These Terms govern use of the theai·cloud console at cloud.theai.com (the “Service”), operated by TheAI LTD, a company registered in the Dubai International Financial Centre (DIFC), Innovation One, DIFC, Dubai, UAE (“TheAI”, “we”). The Service provides rental of whole bare-metal GPU servers (“Nodes”) located in third-party data centers in the United States. By creating an account or using the Service you agree to these Terms on behalf of the organization you represent (“Customer”, “you”).

The Service is offered to businesses and professional users only. You must provide accurate organization and contact details and keep them current. Launching instances requires prior verification (know-your-customer and export-control screening). We may decline, suspend or revoke verification at our sole discretion, including where required by applicable law or sanctions regimes. You are responsible for all activity under your account and for safeguarding sign-in links, API tokens and SSH keys.

The compute capacity offered through the Service is of United States origin and subject to U.S. export laws, including the Export Administration Regulations (EAR) and OFAC sanctions programs, as well as applicable UAE and DIFC regulations. By using the Service you represent, warrant and undertake on a continuing basis that:

• you are not located, organized or resident in, and are not owned or controlled by, or acting for or on behalf of, any person in: the Russian Federation, Belarus, the People’s Republic of China (including Hong Kong and Macau), Iran, North Korea, Syria, Cuba, or the Crimea, Donetsk or Luhansk regions;
• you are not listed on, or majority-owned by parties listed on, any applicable restricted-party list (including OFAC SDN, BIS Entity List and Denied Persons List);
• you will not use the Service for any end-use prohibited by the EAR, including development or production of weapons of mass destruction, or military-intelligence end-uses of embargoed jurisdictions;
• you will not sublicense, resell or otherwise provide access to the Service to any third party in the above categories, and will not re-export or transfer access in violation of applicable law.

We may suspend or terminate the Service immediately and without refund where we reasonably believe continued provision would violate applicable export-control or sanctions law, and we may report information to competent authorities where required.

Nodes are rented as whole physical servers (8 GPUs per Node, one GPU model per instance). Provisioning installs your organization’s SSH public keys for root access. The Service is self-managed (unmanaged): we provide power, network and remote access; you are responsible for the operating environment, software, security and data of your instances. Capacity is subject to availability; listed “reserved” or “frees up” dates are estimates, not commitments.

• The Service is prepaid. Usage is charged against your balance; prices are shown in the console in USD and may change prospectively at any time (never retroactively for running prepaid terms).
• Pay-as-you-go instances are billed per minute of RUNNING state, with no minimum order size (launch requires balance covering at least one minute). Self-serve term contracts (1 month / 3 months / 6 months / 1 year) are prepaid in full at order time at the discounted rate. Reserved capacity booked before launch is secured with a 30% prepayment on a take-or-pay basis; the remaining schedule is agreed in the capacity agreement (monthly invoicing is standard).
• If your balance reaches zero, pay-as-you-go instances are terminated automatically and without a grace period: access is revoked and Nodes are returned to the pool. We send a low-balance warning in advance, but maintaining a sufficient balance is your responsibility.
• You are responsible for any applicable taxes, duties and bank or network fees. Fees for refunds are handled per our Refund Policy.

Instances use local storage on the Node. The Service is not a backup service: data on a Node is irrecoverable after termination (whether initiated by you, by auto-termination at zero balance, or at term end). You must keep independent backups of anything you cannot afford to lose. Storage is sanitized between tenancies before a Node is handed to another customer. You must encrypt data at rest to the extent required by the sensitivity of your workloads.

You must not use the Service to:

• violate any applicable law or third-party rights, or host unlawful content;
• conduct or facilitate attacks, unauthorized scanning, credential abuse, malware distribution, spam, or interference with our or third parties’ infrastructure;
• mine cryptocurrency without our prior written consent;
• circumvent verification, billing, metering or technical limits of the Service.

We may suspend or terminate instances that breach this section. You will indemnify TheAI against third-party claims arising from your workloads or your breach of these Terms.

We target 99.5% availability per instance per calendar month, measured on power and network reachability of the Node — not on the software you run on it. If availability of an instance falls below the target, you are entitled to service credits on the fees paid for that instance for that month, applied to your balance:

• below 99.5% — 10% credit
• below 99.0% — 25% credit
• below 95.0% — 50% credit

Credits are the sole and exclusive remedy for availability issues. Excluded from the measurement: scheduled maintenance announced at least 24 hours in advance; unavailability caused by your software, configuration or workloads; suspension or termination under these Terms (including at zero balance); and events outside our or our data-center providers’ reasonable control. Credit claims must reach capacity@theai.com within 30 days of the incident. We may perform maintenance and may modify or discontinue features with reasonable notice via the console or email. The Service is otherwise provided “as is” and “as available”, without warranties of any kind, express or implied.

To the maximum extent permitted by law: neither party is liable for indirect, incidental, special or consequential damages, loss of profits, revenue or data; and TheAI’s aggregate liability arising out of or relating to the Service is limited to the amounts you paid for the Service in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded by law.

You may terminate instances and close your account at any time in the console. We may suspend or terminate the Service for material breach of these Terms, sanctions or legal risk, non-payment, or security threats. Sections 3, 6, 7, 9 and 11 survive termination.

These Terms are governed by the laws of the Dubai International Financial Centre (DIFC). The DIFC Courts have exclusive jurisdiction over any dispute arising out of or in connection with the Service.

We may update these Terms; material changes will be notified via the console or email and apply prospectively from the stated effective date. Continued use after the effective date constitutes acceptance. Contact: cloud@theai.com · TheAI LTD, Innovation One, DIFC, Dubai, UAE.