Terms of Services

For orion cloud platform and nbai.io

-- Last updated, 2018 Nov 11

Overview

This Terms of Use Agreement (“Agreement”) applied between user(“user” or “you”) and Nebula AI Inc. and its affiliated companies(“Company” or “we” or “us” or “our”), concerning your access to and use of https://nbai.io/ , including website contents, services on orion platform(“Platform”), as well as other media form, mobile website or applications related or connected thereto (collectively, the “Website” or “Services”). The website provides the following services: purchase cloud computing service types for AI computing, and register to host a device from independent computing resource providers. Additional services and supplemental Terms&Conditions may be posted on the Website from time to time, and will be expressly indicated by reference.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

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Purchases; Payment

For payment, Company bills you through an online billing account for purchases of services related with the platform. You agree to pay Company all charges at the prices in effect for the product, and you authorize Company to charge your chosen payment method. If you have ordered a product or service that is subject to recurring charges, then you consent to our charging your payment method on a recurring basis, without requiring you prior approval until such time as you cancel the applicable service or product.

Company reserves the rights to correct any errors or mistakes in pricing that it makes even if payment is already proceeded.

User Representations

By using the Company Services, you represent and warrant that:

  1. All information you fill in during registration is truthful and accurate;
  2. You agree to maintain and promptly update your information to keep it accurate;
  3. You will keep your password confidential and will be responsible for all use of your account and password;
  4. Your use of the Company Services does not violate any applicable laws or regulations.

You acknowledge that any comments, suggestions, ideas, feedback and other information about the Website and/or Services provided by you are non-confidential, and Company is entitled to copy, reproduce, publish, transmit, distribute, modify, create derivative works from these submissions for any purpose, without acknowledgement or compensation to you. Personally-identifiable information that you submit for the purpose of receiving products or services will be handled in accordance with our privacy policies.

Social Media or Third Party Service Providers

As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Website; or (ii) allowing Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Company and/or grant Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers. By granting Company access to any Third Party Accounts, you understand that (i) Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Company’s access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Website.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any Social Network Content.

Prohibited Activities

You may not use the website with any commercial endeavors except those that are specifically endorsed or approved by Company. The following activities are prohibited:

  1. Use or bypass any measures of the Website designed to prevent or restrict access;
  2. Impersonate another user for the usage of website and/or services;
  3. Criminal activity;
  4. Deciphering, decompiling any of the software or in any way making up a part of the Website;
  5. Disrupt or interrupt the networks or services connect to the Website;
  6. Unauthorized use of Company Services;
  7. Using any information obtained from the website to provide services, without approval by the Company;
  8. Access or use the Website not in compliance with laws and regulations.

Intellectual Property Rights and Website management

All contents on the Website, trademarks, service marks, logos are owned by or licensed to Company, and are subject to copyright under Canada and foreign laws and international conventions. Company Content, includes but not limited to, all source code, databases, features, applications, software, website designs, audio, video, text, photographs and graphics. Company's service marks may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks.

Third Party websites

The Website may contain links to other websites("Third Party Websites") in the format as figures, text, video, sound, information, application, software and other items belonging to the third party websites. Company will not investigate, monitor or check the accuracy or viability of such information, and does not imply approval or endorsement thereof by us. If you decide to leave the Website and navigate to third-party website, you will be at your own risk. Applicable terms and policies may change on these websites and you should review on the website which you navigate to. Company takes no responsibility for actions including downloading contents like software, or purchasing for products/services.

User Data

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform backups and apply security measures on the data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.

Modifications to services

Company reserves the right any any time to add, modify, update, discontinue temporarily or permanently on the Company Services, or the Website contents with or without notice. Company takes no liability for any modification, suspension or discontinuance of the Company Services.

Disclaimers and Limitations of Liabilities

By operating the Website, Company does not represent or imply that Company endorses any blogs, social media ads, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services.

You agree that your use of the website and company services will be at your sole risk. To the fullest extent permitted by law, company, its officers, employees and agents disclaim all warranties, express or implied, in connection with the website and the company services and your use thereof.

Occasionally, the Website may contain technical inaccuracies or typographical errors that may relate to service descriptions, advertisement, pricing, availability, and various other information. We do not warrant the accuracy of any posted information or website content, and assume no liability or responsibilities for any errors, mistakes, or inaccuracy of contents. Company reserves the right to correct any errors, inaccuracies and update the information at any time, without prior notice.

Also, Company assumes no liability for (1) any unauthorized access to our server and all personal information and/or financial information stored therein; (2) interruption or deletion of transmission to or from the website or company services; (3) bugs, virus, which may be transmitted through the website by any third party; (4) any errors in content or materials for loss or damage of any kind. Company does not warrant, endorse, guarantee or assume responsibilities for any product or service advertised or offered by a third party through the website or any hyperlinked website.

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

Risk Statements

For additional risks regarding utility of platform and digital tokens/coins, please ensure you have read and agree with “RISK STATEMENT” in our whitepaper (https://nebula-ai.com/whitepaper/NBAI_whitepaper_EN.pdf) .

Notices and communications

Unless otherwise stated, any notices given to Company shall be given by email(or phone, if there is) to the address provided on the Website. Any notice shall be given to the email address you registered with, or such other address as each party may specify.

Changes to this Agreement

Any changes to this Agreement will be reflected on this page, with the date updated at the top of this page. Each time you use this website and its content, current version will apply. Accordingly, it is important for you to check the “last updated” date of this Agreement and review any changes since the last time you used the Website.

Contact us

For questions or more information regarding use of the Company services, please contact us at:

Email:

contact@nbai.io

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