Terms_
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1.1 Service Definition. MACGPU (hereinafter referred to as "the Platform" or "we") provides native Apple Silicon-based (including but not limited to the M4 series) physical or virtualized compute node leasing services (hereinafter referred to as "the Service") to registered users. After creating an account, selecting a plan, and paying the corresponding fees, you obtain the right to access and use the designated compute nodes within the agreed billing cycle. The Service is provided on an "as-is" and "as-available" basis, and does not constitute a guarantee of any specific performance metrics, availability ratios, or business results.

1.2 Nature of Rights. You obtain a non-exclusive license to use the compute nodes for the agreed duration, rather than ownership, possession, or property rights to the hardware itself. The Platform retains full ownership and management rights over the infrastructure, network, software stack, and control plane. Without our written consent, you may not sublease, resell, subcontract, or use the Service to provide equivalent compute or hosting services to third parties.

1.3 Scope of Responsibility. We are only responsible for providing access and the running environment for the compute nodes as described. The Platform assumes no responsibility for any software, algorithms, models, data, or business logic deployed, developed, or run on the nodes by you or any third party, nor for any outputs, results, compliance issues, or third-party claims arising therefrom. You are solely responsible for ensuring your use complies with applicable laws and these Terms.

1.4 Service Changes and Availability. We reserve the right to update or adjust service features, the console, API, pricing, or policies provided they do not diminish your rights under purchased plans within the agreed cycle. We will provide notice for brief interruptions due to maintenance, upgrades, force majeure, or compliance requirements where reasonably feasible, but do not guarantee zero downtime; such interruptions do not constitute a breach of contract nor trigger refund or compensation obligations, unless otherwise provided by law.

2.1 Legal Compliance. When using this Service, you must comply with all applicable laws, regulations, rules, and industry standards in your jurisdiction as well as those involved in the provision of the Service (including but not limited to Hong Kong and Singapore), including laws related to data protection, export control, sanctions, anti-money laundering, intellectual property, and cybersecurity. You are solely responsible for understanding and fulfilling these obligations; any liability, penalty, or third-party claim arising from your violation of the law shall be borne entirely by you.

2.2 Prohibited Uses. It is strictly prohibited to use the Service or compute nodes for purposes including but not limited to:

• Sending bulk emails (spam) without recipient consent, phishing, fraud, or conducting network attacks such as DDoS and brute force;
• Mining any form of cryptocurrency or participating in distributed computing projects that consume massive compute resources (unless explicitly permitted in writing by your plan or the Platform);
• Hosting, storing, distributing, or disseminating materials that are obscene, pornographic, violent, hateful, infringing, or otherwise illegal, or materials that violate intellectual property, privacy, or other legitimate rights of others;
• Attempting to breach the systems, networks, or data of the Platform or third parties through exploit utilization, unauthorized access, social engineering, or other means;
• Running malware, botnets, cryptojacking, or other programs or activities that may compromise network security or the rights of others;
• Circumventing or damaging the Platform's technical measures, billing systems, or security mechanisms.

2.3 Accounts and Security. You are responsible for the confidentiality and security of account credentials, API keys, and instance access methods. Any unauthorized access, data leakage, or fee losses resulting from your failure to safeguard, disclose, or authorize others to use such info shall be borne by you; the Platform has the right to treat such use as your own action and bill or hold you accountable accordingly.

2.4 Consequences of Violation. If we reasonably believe you have violated these Terms, the Acceptable Use Policy, or applicable laws, we reserve the right to immediately suspend or terminate your account and all services without prior notice, and to refuse refunds or retention of remaining fees. In severe cases, we reserve the right to report to authorized authorities and pursue legal action. You agree to indemnify and hold us and indemnified parties harmless from any losses (including reasonable attorney fees and investigation costs) incurred due to your violation.

3.1 Performance and Availability. Although we provide compute nodes based on physical or virtualized hardware, actual performance and availability may be affected by ambient temperature, hardware aging, network conditions, upstream operators, power supply, and software configuration. We do notmake no guarantees regarding specific throughput, latency, availability ratios, or linear scalability; service descriptions, specifications, and examples are for reference only and do not constitute a contractual warranty. Performance fluctuations or brief unavailability due to the aforementioned factors do not constitute a breach, and we assume no liability for compensation.

3.2 Suitability and Compliance. You are responsible for assessing whether the Service meets your technical, compliance, and business needs. We make no express or implied warranties regarding the Service's suitability for a particular purpose, compatibility with third-party software or workflows, or results produced by your use. To the maximum extent permitted by law, we exclude all implied warranties (including warranties of merchantability, fitness for a particular purpose, and non-infringement).

3.3 Force Majeure and Third Parties. The Platform assumes no responsibility for any service interruption, data loss, or other damages caused by: telecommunications or network backbone failures, hacker attacks, distributed denial of service, government actions, war, civil unrest, natural disasters, pandemics, strikes, power outages, third-party service failures (e.g., payment, DNS, CDN), or other events beyond our reasonable control that we could not avoid despite reasonable measures. We will assist in restoring service where feasible but have no obligation to compensate for losses incurred.

3.4 Limitation of Liability. Except where explicitly prohibited by law, in no event shall the Platform and its affiliates, suppliers, directors, employees, and agents be liable for any direct, indirect, incidental, consequential, punitive, special, or loss of profits arising out of the Service or these Terms, whether based on contract, tort (including negligence), strict liability, or other legal theories, even if we have been advised of the possibility of such damages. To the maximum extent permitted by law, the Platform's total liability to you or any third party shall not exceed the total fees paid by you to the Platform for the relevant service assume no liability during the billing cycle in which the liability event occurred, or the minimum compensation limit prescribed by applicable law (whichever is higher). This limit remains effective after service termination and applies to any claims under these Terms or related to the Service.during the billing cycle in which the liability event occurred paid by you to the Platform for the relevant service during the billing cycle in which the liability event occurred, or the minimum compensation limit prescribed by applicable law (whichever is higher). This limit remains effective after service termination.

4.1 Backup Obligations. You understand and agree that periodically backing up and securely storing all data, code, configurations, and keys processed or generated on the compute nodes is entirely your sole responsibility. The Platform does not provide automated backups, snapshots, or data recovery services (unless explicitly included in your plan or a separate product); even where such features exist, you should still maintain independent copies. We are not responsible for any data loss resulting from your failure to backup or from incomplete or lost backups.

4.2 Erasure Policy. The Platform executes a 'Physical-Level Erase' policy: upon lease expiry without renewal, manual destruction of the instance, termination due to arrears or violation, or other termination events described in these Terms or the Privacy Policy, the system will perform irreversible overwriting on the associated storage. All data within the node will be permanently deleted and unrecoverable. You understand this process is by design and irreversible.

4.3 No Liability for Compensation. Regardless of whether data loss is due to expiry, destruction, arrears-induced shutdown, termination for violation, manual error, hardware failure, force majeure, third-party actions, or any other cause, the Platform assumes no responsibility or compensation obligation for your data loss, business interruption, or derivative damages. Your use of the Service constitutes acceptance of this risk and liability allocation.

5.1 Billing Model. This Service employs a prepaid model. Prices, billing cycles, and payment methods follow those displayed on the official website, console, or during checkout. We reserve the right to adjust prices based on market and cost changes; adjustments apply to new orders or renewals and do not retroactively affect your current paid cycle, unless otherwise agreed by law or contract. Unless stated otherwise, prices exclude taxes; you are responsible for VAT, GST, or other taxes prescribed by applicable law.

5.2 Payment and Arrears. You shall pay all due fees in full and on time. If payment is not received by the due date, we reserve the right to suspend your service after a reasonable grace period until arrears are cleared; billing may continue during suspension, and we are not responsible for data or business losses resulting from such suspension. Persistent or malicious arrears may lead to account termination and legal recovery.

5.3 Non-Refundable Principle. Given the real-time allocation and reservation nature of compute resources, once an instance has been created and delivered, the fees paid for that cycle are non-refundable in principle. We do not commit to refunds in cash or credit for unused portions resulting from manual destruction, downgrading, migration, or early termination; specific policies depend on current Platform announcements (if any). If the Service cannot be provided normally during the cycle due to Platform-side issues and cannot be restored within a reasonable period, we may provide partial refunds or credits on a case-by-case basis, without this constituting an obligation or precedent.

5.4 Early Termination and Liquidated Damages. If you purchase a fixed-term plan (e.g., annual or multi-year) and wish to terminate early, we reserve the right to require payment for the remaining unfulfilled portion of the agreed cycle or contractual liquidated damages (whichever is higher or per contract). Early termination does not exempt you from the obligation to pay for incurred costs.

6.1 Governing Law. These Service Terms and their interpretation and enforcement shall be governed by the laws of the Hong Kong Special Administrative Region, excluding its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

6.2 Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service (including its formation, validity, performance, or breach) shall first be resolved through good-faith negotiation between the parties; failing that, either party may submit the dispute to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in Hong Kong in accordance with the then-current HKIAC Administered Arbitration Rules. The arbitration language shall be Chinese or English (as determined by the tribunal). The arbitral award is final and binding on both parties. You agree to waive the right to litigate in court or participate in class actions, collective arbitrations, or representative lawsuits, except where such waiver is explicitly prohibited by law.

6.3 Severability. If any provision of these Terms is deemed invalid or unenforceable by a competent authority, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force.

7.1 Acceptance. By registering an account, ticking 'I agree', paying fees, or actually using the Service, you indicate that you have read, understood, and agreed to be bound by these Service Terms. If you represent a legal entity or other organization, you declare that you have the authority to bind that entity to these Terms.

7.2 Amendments. We may periodically amend these Terms. Amended terms will be published on this page with the effective date noted. If amendments involve material reduction of your rights, we will notify you via site notifications, email, or console announcements within reasonably feasible limits. Your continued use of the Service after amendments take effect constitutes acceptance of the revised terms; if you disagree, you should stop using the Service and may apply to cancel your account (without triggering refund obligations for incurred fees or unfulfilled cycles).

7.3 Entire Agreement. These Service Terms, together with our Privacy Policy, Acceptable Use Policy, order confirmations, and other applicable policies and rules published by the Platform, constitute the entire agreement between you and the Platform regarding the Service, superseding all prior or contemporaneous oral or written agreements on the same matter. Headings are for convenience only and do not affect interpretation.