Terms of Service

1.1 These Terms form an agreement between you and Accelerated Komputing (AnK) (“AnK”, “we”, “us”) for access to and use of AnK, including its dashboard, APIs, compute instances, storage and related support (“Service”).

1.2 You accept these Terms by affirmatively clicking an acceptance control during registration or when otherwise presented with these Terms. We will maintain a record of the accepted version and acceptance event to the extent our systems support it. We will not rely solely on browsing as acceptance where an affirmative acceptance is legally required.

1.3 If you use the Service for a company, university, institution or other organisation, you represent that you are authorised to bind it. “You” includes that organisation where applicable.

1.4 The following documents may also apply if made available to you and accepted or incorporated into an Order: (a) Acceptable Use Policy (“AUP”); (b) Service Level Agreement (“SLA”); (c) Privacy Policy; (d) applicable order form, quotation, reservation schedule or service-specific terms (“Order”). Each document must be clearly identified and accessible before acceptance.

1.5 In case of conflict, the following order applies: (1) a signed Order, but only for the commercial or service-specific matters it expressly varies; (2) these Terms; (3) the SLA; (4) the AUP; and (5) the Privacy Policy for privacy notices and personal-data processing. A privacy notice does not reduce a person’s mandatory rights under applicable law. Any amendment to liability, indemnity or dispute terms must expressly identify the clause being amended and be signed by an authorised AnK representative.

1.6 If you do not agree, do not access or use the Service. If you believe an account was created or used without authority, notify AnK promptly.

“Customer Data” means data, code, datasets, prompts, model weights, checkpoints, outputs and files that you or your authorised users upload, store, process or generate through the Service, excluding AnK’s service telemetry and account/billing records.

“Instance” means a provisioned compute environment with the hardware, GPU, CPU, memory, network and disk configuration displayed at checkout.

“On-Demand Compute” means capacity billed according to the usage unit displayed in the catalog without a fixed reservation commitment.

“Reserved Compute” means capacity held for a stated period and billed according to the applicable Order or checkout terms, whether or not fully used.

“Spot Capacity” means discounted capacity that may be interrupted or reclaimed as described in these Terms and the applicable product description.

“Storage Volume” means persistent storage provisioned separately or attached to an Instance.

“Fees” means charges shown in the catalog or Order, applicable taxes and expressly disclosed third-party charges.

“Service Credit” means a non-cash credit applied to eligible future Service charges, unless applicable law requires otherwise.

3.1 AnK provides access to compute infrastructure and related platform features. Unless an Order expressly states otherwise, AnK does not manage your workloads, validate model outputs, provide professional engineering advice, guarantee research results, or provide managed backups, managed databases, managed security or regulatory certification.

3.2 Hardware, capacity, region, specifications and pricing are displayed in the catalog or Order. Capacity may change and may be unavailable. A commitment to hold specified capacity exists only where expressly confirmed in an Order or reservation confirmation.

3.3 We may maintain, repair, update or modify the Service. We will use reasonable efforts to provide advance notice of planned maintenance likely to materially affect paid reserved capacity, except where urgent maintenance is reasonably necessary. Any SLA commitments apply only as stated in the applicable SLA.

3.4 If AnK discontinues a paid feature or cannot provide confirmed reserved capacity, we will use reasonable efforts to offer comparable replacement capacity or a refund or credit for the materially affected unused portion, as appropriate and subject to applicable law.

3.5 Descriptions, benchmarks and performance figures are estimates unless expressly guaranteed in an Order. Actual performance may vary by workload, configuration, hardware condition and shared infrastructure.

4.1 You must have legal capacity to enter into a binding agreement under applicable law. An organisation or authorised adult may hold an account for users who cannot contract independently, and the account holder is responsible for administering that access.

4.2 You must provide accurate registration, billing and verification information and keep it reasonably current. AnK may request reasonable identity, organisation, payment or intended-use information where needed for security, fraud prevention, legal compliance or service provisioning.

4.3 Do not share, sell, rent or transfer account credentials, or create multiple accounts to evade usage limits, suspensions, verification or promotional restrictions. You are responsible for activities performed through your account by users you authorise, subject to applicable law and any failure by AnK to apply agreed security controls.

4.4 Use strong authentication where available, restrict access on a least-privilege basis, protect API keys and SSH keys, and promptly revoke credentials that are no longer needed. Notify AnK promptly at [email protected] with “SECURITY” in the subject if you suspect unauthorised access.

4.5 You are responsible for stopping or terminating Instances when no longer required. Stopping an Instance may not terminate it or stop all related storage charges. The dashboard and product documentation should explain the distinction before use.

4.6 AnK may decline an application or request further verification for legitimate security, fraud, capacity or compliance reasons. Where reasonably practicable, AnK will explain the relevant issue and any steps available to resolve it, except where disclosure is prohibited or would compromise security.

5.1 You must comply with applicable law, these Terms and the AUP. You must not use the Service to:

conduct cyberattacks, unauthorised scanning, credential theft, botnet activity, DDoS attacks, spam or attempts to compromise systems you do not own or have written permission to test;

create, store or distribute unlawful content, including child sexual abuse material, or facilitate violence, fraud or other unlawful conduct;

infringe intellectual-property, privacy, confidentiality or other rights, including by using data for which you lack necessary rights or permissions;

circumvent metering, quotas, access controls, security boundaries, licensing or billing, or attempt to escape virtualisation or compromise AnK infrastructure;

disrupt the Service or other customers, misrepresent identity or intended use, or resell, sublicense, broker or operate a competing compute service using the Service without written authorisation;

violate applicable export-control, sanctions or other legal restrictions; or

mine cryptocurrency or other digital assets except where the specific capacity plan and a written Order expressly permit it.

5.2 AnK may investigate credible reports of abuse and take proportionate action. Where reasonably necessary to address imminent security threats, unlawful use, material harm to other customers or a binding legal order, AnK may restrict or suspend affected access immediately. Where immediate action is not necessary, AnK will give notice and a reasonable opportunity to remedy the issue.

5.3 AnK may preserve relevant records and disclose information where required or permitted by law. AnK will limit disclosure to what is legally required or reasonably necessary for the relevant purpose.

6.1 As between you and AnK, you retain your rights in Customer Data, including your code, datasets, models, model weights, checkpoints and outputs, subject to third-party rights and licences. These Terms do not transfer ownership of Customer Data to AnK.

6.2 You grant AnK a limited, non-exclusive licence to host, copy, transmit, process and display Customer Data only as reasonably necessary to provide, maintain, secure, troubleshoot and support the Service, comply with law, and enforce these Terms. This licence ends when the relevant data is deleted, except for limited copies retained under Section 7 or required by law.

6.3 AnK will not use Customer Data to train general-purpose AnK or third-party machine-learning models unless you separately and expressly agree to that use. AnK may use aggregated operational telemetry that does not reasonably identify you or disclose the substance of your Customer Data to maintain and improve the Service.

6.4 AnK and its licensors retain ownership of AnK, its software, platform, APIs, documentation, trademarks and service infrastructure. You receive a limited, non-transferable right to use the Service during the term of your account in accordance with these Terms.

6.5 You represent that you have the rights and permissions needed to submit and process Customer Data as contemplated by these Terms. You are responsible for your workloads, data and outputs, except to the extent a claim results from AnK’s own breach or unlawful conduct.

6.6 If you report a suspected infringement, send the relevant details and supporting information to [email protected] with “LEGAL” in the subject. AnK may remove or restrict access to material where reasonably necessary or legally required and may seek information from the parties concerned.

7.1 AnK will maintain reasonable administrative, technical and organisational safeguards appropriate to the Service and its actual risk profile. The specific controls available—including encryption, backups, isolation and access logging—must be described accurately in the Privacy Policy, product documentation or an applicable Order. Do not assume that every tier includes encryption at rest, managed key management or backups.

7.2 Shared infrastructure may involve shared physical hardware. AnK will implement reasonable isolation controls but cannot guarantee that any system is entirely free of vulnerabilities. Customers with heightened security or regulatory requirements should obtain written confirmation of applicable controls before uploading sensitive data.

7.3 You are responsible for maintaining independent backups of important Customer Data unless a paid backup service is expressly included in an Order. AnK does not guarantee that a workload, Instance or Storage Volume will be uninterrupted or that data can always be recovered.

7.4 Unless otherwise stated in an Order or the Privacy Policy, when an Instance or Storage Volume is terminated, its data will be made available for export for 14 calendar days where technically and legally practicable. After that period, AnK may delete the data from active systems. Backup copies may remain until overwritten or deleted through the documented backup cycle, ordinarily no longer than 90 additional days, unless retention is required by law, security investigation or a bona fide dispute. If a security or legal emergency requires earlier restriction or deletion, AnK will act as required and notify you where legally permitted.

7.5 You are responsible for exporting Customer Data before the applicable deadline. AnK will not charge a data-egress fee unless the catalog or Order expressly discloses a different charge before use. Export tools, formats and throughput depend on the features available in the Service.

7.6 You must not upload personal, health, financial, biometric, government-identification, children’s or other regulated or highly sensitive data unless you have assessed the suitability of the Service and obtained any required written agreement from AnK. Where AnK processes personal data on your behalf, the parties must comply with applicable law and execute a data-processing addendum where required.

7.7 AnK may retain account, security, usage, invoicing and transaction records for legitimate operational, security, accounting, legal and dispute-resolution purposes for the periods described in its Privacy Policy and applicable law.

8.1 The price shown in the catalog or confirmed in an Order at the time of provisioning applies to that usage, subject to disclosed pricing rules. Before you provision, AnK should display the relevant unit price, billing increment, minimum charge if any, reservation commitment, storage charge and applicable taxes.

8.2 Usage is measured using AnK’s metering systems. Billing starts when an Instance is successfully provisioned and made available for use, and stops when it is terminated or otherwise ceases to be available due to a confirmed AnK-side failure. An idle Instance that remains running is billable. A stopped Instance may continue to incur storage or reservation charges as disclosed at checkout.

8.3 Reserved capacity is billed for the period and amount confirmed in the reservation. Unless the Order states otherwise, unused reservation time is not refundable merely because you do not use the capacity. If AnK cannot supply confirmed reserved capacity for a material portion of the period, Section 3.4 applies.

8.4 Storage is billed according to the displayed capacity and billing period and may continue while compute is stopped. You must delete a Storage Volume to stop charges that accrue solely from its continued provision.

8.5 AnK will provide invoices or transaction records appropriate to the payment method and applicable law. Any billing dispute must be raised with reasonable detail within 30 days after the invoice or transaction record becomes available. AnK will investigate in good faith. You must pay undisputed charges while a dispute is investigated.

8.6 Payments may be made through the methods displayed at checkout. You are responsible for charges lawfully imposed by your bank or payment provider and for providing any tax documentation required for the transaction.

8.7 Applicable VAT and other taxes will be charged as required by law and shown on the invoice. Tax rates and the treatment of domestic and cross-border services depend on applicable law and the transaction. AnK will not state a fixed tax treatment in these Terms where the law requires transaction-specific assessment.

8.8 AnK may change prices for future On-Demand or Spot usage after at least 30 days’ notice. A price change will not alter the price of an already-paid reservation during its confirmed period. The renewal price must be disclosed before renewal.

8.9 If payment is overdue, AnK may notify you and restrict new provisioning. Unless a shorter period is reasonably necessary for security or legal reasons, AnK will give at least three calendar days to remedy a missed payment before suspending running Instances, and a further reasonable opportunity before account termination. Charges properly accrued before suspension remain payable.

8.10 If a payment is reversed or disputed through a chargeback, AnK may investigate and restrict new provisioning while the issue is resolved. Account closure should be proportionate to the facts and applicable payment rules.

9.1 Trial credits and promotional credits are subject to the conditions shown when offered, including expiry, eligible products, usage limits and restrictions on transfer. AnK may withdraw or limit a promotion in cases of fraud, abuse or material error, and will not retroactively change earned paid balances except where required by law or to correct a genuine error.

9.2 Charges for compute already consumed and properly supplied are generally non-refundable. This does not exclude refunds or other remedies required by law, for billing errors, duplicate charges, AnK’s failure to provide paid capacity, or other circumstances expressly stated in an Order.

9.3 If AnK confirms a billing error, it will correct the invoice, return the overcharge or apply a credit as appropriate. Where AnK cannot provide paid reserved capacity, AnK will offer replacement capacity, a reasonable credit or a refund for the affected unused portion, taking into account the circumstances and applicable law.

9.4 On account closure, AnK will return an unspent prepaid cash balance, less properly accrued and undisputed Fees, where required by law or where the applicable payment method supports a refund. Any non-refundable treatment of wallet balances must be clearly disclosed before purchase and must be reviewed for compliance with applicable law. AnK must not represent a credit as a cash refund.

9.5 Service Credits may be used against eligible future charges, are not cash and are not transferable unless AnK states otherwise. Credits do not remove any mandatory statutory remedy. Any expiry or forfeiture condition must be disclosed when the credit is issued.

10.1 AnK’s Privacy Policy explains how it collects, uses, shares, secures and retains personal data and how individuals may exercise applicable rights. The Privacy Policy must be accessible before account registration.

10.2 Each party must comply with the privacy and data-protection laws applicable to its activities. You are responsible for having a lawful basis to upload personal data and for providing any notices or obtaining any consents required from data subjects.

10.3 If AnK processes personal data on your behalf as a service provider or processor, the parties will document the subject matter, duration, purpose, data types, security measures, subprocessors and assistance obligations in a data-processing addendum where required.

10.4 AnK may disclose information in response to a valid legal demand or where disclosure is otherwise permitted or required by law. Where legally permitted and reasonably practicable, AnK will notify the affected customer before disclosure.

11.1 Support channels, hours, response targets, availability commitments, exclusions and service-credit procedures are set out in the SLA or applicable Order. A response target is not a promise of resolution within that period unless expressly stated.

11.2 Spot Capacity may be reclaimed, interrupted or unavailable at any time where the product description says so. You are responsible for checkpointing and designing workloads to tolerate interruption. Charges will be calculated according to the disclosed metering rules and actual availability.

11.3 AnK may perform urgent maintenance without advance notice when reasonably necessary to protect security, safety, infrastructure or legal compliance. AnK will use reasonable efforts to minimise disruption and communicate material incidents when appropriate.

11.4 If the SLA provides service credits for a defined service-level failure, the credit procedure applies to that failure. It does not exclude remedies that cannot lawfully be excluded or claims arising from matters outside the SLA’s defined scope.

12.1 To the fullest extent permitted by applicable law, the Service is provided on an “as available” basis. AnK does not guarantee that every workload will complete, that results will be accurate or reproducible, that a particular GPU will always be available, or that the Service will be uninterrupted or error-free.

12.2 AnK does not warrant that third-party images, drivers, containers, libraries or software will operate correctly. You are responsible for validating workload correctness, licensing, security and suitability for your purpose.

12.3 Nothing in these Terms excludes an express written commitment in an Order or any warranty, duty or liability that cannot legally be excluded. The parties should not rely on this section as a substitute for clear service descriptions and accurate advertising.

13.1 Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, wilful misconduct, death or personal injury where such limitation is prohibited, or any other liability that cannot be excluded or limited under applicable law.

13.2 To the fullest extent permitted by law, neither party is liable to the other for indirect or consequential loss, or for loss of profits, revenue, anticipated savings, goodwill or business opportunity, arising from these Terms. This exclusion does not apply where prohibited by law and does not automatically exclude reasonable direct costs of restoring data or obtaining replacement services where recoverable under law.

13.3 Subject to Section 13.1, each party’s aggregate liability arising out of or relating to the Service in any rolling 12-month period will not exceed the greater of (a) the Fees paid or payable by you for the affected Service during the 12 months before the event giving rise to the claim, or (b) NPR [INSERT CAP AFTER COUNSEL REVIEW]. A different cap may be agreed in a signed Order. The cap and excluded-loss provisions must be reviewed for enforceability under Nepal law and must not be applied to liabilities that cannot lawfully be limited.

13.4 The cap in Section 13.3 does not automatically apply to your payment obligations for properly supplied Services, or to an indemnity obligation, unless the Order expressly says otherwise. Any indemnity remains subject to Section 14 and applicable law.

13.5 The parties acknowledge that these limitations are part of the commercial allocation of risk. If any limitation is unenforceable, it will apply only to the maximum extent permitted by law.

14.1 You will indemnify AnK against a third-party claim to the extent the claim arises from (a) Customer Data that you had no right to submit or use; (b) your unlawful use of the Service; (c) your infringement of a third party’s intellectual-property or privacy rights; or (d) your material breach of the AUP or these Terms. This obligation does not apply to the extent a claim is caused by AnK’s breach, negligence, wilful misconduct or unlawful conduct.

14.2 AnK will promptly notify you of a claim for which it seeks indemnity, provide reasonable cooperation at your expense where appropriate, and allow you to control the defence and settlement, provided that no settlement may admit liability by AnK, impose obligations on AnK or affect AnK’s rights without AnK’s prior written consent, not to be unreasonably withheld.

14.3 AnK will defend you against a third-party claim alleging that the AnK platform software, as supplied by AnK and used in accordance with these Terms, infringes that third party’s intellectual-property rights in Nepal, and will pay damages finally awarded or settlements approved by AnK. This obligation does not apply to claims arising from Customer Data, third-party software, modifications not made by AnK, combinations not supplied by AnK or use outside these Terms. AnK may procure continued use, modify or replace the affected component, or terminate the affected Service and refund prepaid Fees for the unused period. The scope and cap of this indemnity must be confirmed in a signed Order or by counsel.

15.1 You may stop using the Service and close your account through the available dashboard controls or by written notice to [email protected]. You remain responsible for charges properly incurred before termination and for any active reservation commitment stated in an Order.

15.2 Either party may terminate for a material breach if the breach is not remedied within 15 calendar days after written notice describing the breach, unless the breach cannot reasonably be cured or immediate action is permitted under Section 15.4.

15.3 For non-payment, AnK may block new provisioning after notice, suspend running Instances after at least three calendar days’ notice if the amount remains unpaid, and terminate the account after a further reasonable notice period. AnK may use a shorter process where necessary to address fraud, chargeback risk, legal obligations or a material security threat. Storage and reservation charges during suspension must be disclosed and applied consistently with the relevant plan.

15.4 AnK may immediately restrict or suspend affected access where reasonably necessary to address an imminent security threat, serious abuse, unlawful activity, a binding legal order, confirmed infrastructure compromise or material risk to other customers. AnK will limit the action to what is reasonably necessary, notify you where legally permitted, and review the suspension when appropriate.

15.5 On termination, Instances may be stopped and access to the Service may end. AnK will provide the data-export period described in Section 7 unless earlier deletion, preservation or restriction is reasonably required by law or urgent security needs. AnK will not delete data earlier solely for convenience where a reasonable alternative is available.

15.6 Accrued payment obligations, intellectual-property provisions, data-retention provisions, disclaimers, liability, indemnity, dispute resolution and provisions that by their nature should survive termination will continue to apply.

16.1 You must comply with applicable laws and regulations, including laws governing intellectual property, privacy, export controls, sanctions and the use of computing systems. You must not use the Service for a prohibited end use or in a manner that would cause AnK to violate applicable law.

16.2 AnK may conduct reasonable compliance screening and request information needed to assess legal restrictions. AnK may refuse, restrict or terminate access where reasonably necessary to comply with law or a binding authority request.

16.3 AnK does not represent that the Service is suitable or available for every jurisdiction, regulated workload or export-controlled use. Customers requiring such use must obtain written confirmation from AnK before provisioning.

17.1 AnK may update these Terms from time to time. The current version and effective date will be published on the AnK website or dashboard, and prior versions will be retained for reference.

17.2 For material changes that adversely affect customer rights, pricing, data handling, liability or dispute resolution, AnK will provide at least 30 days’ notice where reasonably practicable. If you do not agree, you may stop using the affected Service and close the account before the change takes effect, subject to payment of accrued Fees and the applicable refund provisions.

17.3 Changes will not alter the price or core terms of an already-paid reservation during its confirmed period unless required by law or reasonably necessary to address a material security risk. Where a change materially prevents AnK from providing the reserved Service, AnK will offer an appropriate replacement or refund for the affected unused portion.

17.4 Non-material changes, including corrections and clarifications that do not materially reduce customer rights, may take effect upon publication. Where the law requires fresh affirmative consent, AnK will obtain it.

18.1 Before starting ordinary court proceedings, each party will give written notice describing the dispute and attempt in good faith to resolve it for 30 days through representatives authorised to settle. Either party may seek urgent interim or injunctive relief where necessary.

18.2 These Terms are governed by the laws of Nepal, subject to any mandatory law that applies to a particular customer or transaction.

18.3 Subject to mandatory jurisdictional rights under applicable law, the competent courts in Bhaktapur, Nepal will have jurisdiction over disputes arising from these Terms. Nothing in this clause removes a right that cannot legally be waived.

18.4 No contractual deadline in these Terms shortens a mandatory statutory limitation period. Any shorter contractual claim period must be expressly agreed in a signed Order after legal review and will apply only to the extent enforceable.

18.5 English is the working language of these Terms. If a translation is provided, the governing language and treatment of inconsistencies should be specified clearly, subject to applicable law.

19.1 Notices to AnK must be sent to [email protected] with the relevant subject (LEGAL, SECURITY, PRIVACY, ABUSE, BILLING or SUPPORT), and where formal notice is required, a copy may also be delivered to AnK’s registered office. Notices to you may be sent to your registered email address or dashboard. You must keep your contact details current.

19.2 You may not assign this agreement without AnK’s written consent, not to be unreasonably withheld for a legitimate corporate reorganisation. AnK may assign this agreement to an affiliate or successor in connection with a merger, reorganisation or sale of substantially all relevant assets, provided the assignment does not remove mandatory customer rights.

19.3 Neither party is the agent, partner, employee or joint venturer of the other.

19.4 Neither party is liable for delay caused by an event beyond its reasonable control, such as a natural disaster, widespread power or telecommunications failure, government action, civil unrest or a major cyber incident not caused by the affected party’s failure to take reasonable precautions. The affected party must notify the other where practicable and take reasonable steps to mitigate the impact. This section does not excuse payment for Service already supplied.

19.5 These Terms, the documents incorporated under Section 1 and any applicable Order form the entire agreement regarding the Service and replace prior discussions on the same subject. A marketing statement does not amend these Terms unless expressly incorporated into an Order.

19.6 If a provision is held invalid or unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue to apply, subject to applicable law.

19.7 Failure to enforce a provision is not a waiver of the right to enforce it later. Any waiver must be in writing by an authorised representative.

19.8 Nothing in these Terms authorises unlawful conduct or overrides mandatory rights under applicable law.

Accelerated Komputing (AnK)

Registered office: Sipadole-08, Suryabinayak-08, Bhaktapur, Nepal

Email: [email protected]

Website: www.ank-world.com

Telephone: +977-9841807653