Website Terms of Use

1. About these terms

These terms govern your use of www.aigpudatacenter.co.za (the "website"), operated by AI GPU Data Center (Pty) Ltd, registration number 2021/462125/07, a private company registered in the Republic of South Africa with its registered office at 5 Rhodes Street, Kensington B, Randburg, 2195 ("we", "us", "our").

By using the website you agree to these terms. If you do not agree with them, please do not use the website.

These terms govern the website only. They do not govern the supply of any service by us. Any supply of compute capacity, infrastructure, managed services or any other service is governed exclusively by a separate written agreement signed by both parties. Nothing on this website, and nothing in these terms, creates any obligation on us to supply anything.

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2. Changes

We may change these terms from time to time. The version and effective date at the top of the page identify the current version. Changes take effect when published. Please check periodically.

We may also change, suspend or discontinue any part of the website at any time, without notice.

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3. Using the website

You may view, download and print material from this website for your own information and internal business purposes.

You may not:

• use the website for any unlawful purpose, or in a way that breaches any applicable law
• attempt to gain unauthorised access to the website, its server, or any system or network connected to it
• probe, scan or test the vulnerability of the website or any connected system, or breach or attempt to breach any security or authentication measure, except as expressly permitted under our Responsible Disclosure Policy
• introduce any virus, worm, malicious code or other harmful material
• interfere with or disrupt the website, or impose an unreasonable load on it
• use any automated system, robot, scraper or similar means to access, extract or copy content, except that a search engine may index the site in the ordinary way
• collect or harvest information about other users
• reproduce, duplicate, copy, resell or exploit any part of the website for a commercial purpose, other than as these terms permit
• remove, obscure or alter any copyright, trade mark or other proprietary notice
• misrepresent your identity or your affiliation with any person or organisation
• use the website in a way that could damage, disable or impair it, or interfere with anyone else's use of it

Unauthorised access to a computer system is an offence under the Cybercrimes Act 19 of 2020, and we will report suspected offences.

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4. Enquiries submitted through the website

4.1 Accuracy

If you submit an enquiry, you agree that the information you give us is accurate and that you are entitled to provide it. If you provide personal information about anyone other than yourself, you confirm that you are permitted to do so.

4.2 No confidentiality

Information you submit through the public enquiry form is not treated as confidential and does not create any confidentiality obligation on us. A public website form is not a secure channel and we do not want commercially sensitive information sent through it.

Please do not submit through this website any confidential, proprietary, security-sensitive or export-controlled information — including detailed architecture, network designs, security requirements, customer information, pricing, deployment plans or financial information. If a discussion needs to go into that territory, tell us and we will move it to an appropriate channel and, where necessary, put a non-disclosure agreement in place first.

If you do send us confidential information through the website despite this, we will handle it responsibly, but we cannot accept an obligation of confidentiality in respect of it.

4.3 We do not acquire your information

We do not claim ownership of anything you submit through the website. Your information remains yours. We use it to respond to your enquiry, as described in our Privacy Notice. If you send us an unsolicited idea, suggestion or proposal, we are free to consider it without obligation, and without that creating any relationship between us — but we do not thereby become the owner of it.

4.4 No obligation to respond

We are not obliged to respond to any enquiry, and receiving an enquiry does not create any relationship between us.

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5. Content on this website

5.1 It is general information only

The content of this website is provided for general information about our business and our planned infrastructure. It does not constitute advice of any kind, an offer, or a commitment to supply anything.

Please read our Disclaimer, which forms part of these terms and which sets out important limits on the forward-looking information published here.

5.2 Accuracy

We take reasonable care to make sure the content is accurate and current when published, but we do not warrant that it is complete, accurate or up to date, and we may change it at any time without notice.

5.3 Availability

We do not warrant that the website will be available uninterrupted or error-free. Access may be suspended for maintenance, or interrupted by factors outside our control.

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6. Intellectual property

All content on this website — including text, graphics, logos, photographs, illustrations, diagrams, page layouts, design elements, branding and software — is owned by or licensed to AI GPU Data Center (Pty) Ltd and is protected by South African and international intellectual property law.

The name AI GPU Data Center, our logo and our branding are our trade marks. You may not use them without our prior written permission.

Except as section 3 permits, you may not reproduce, distribute, modify, publish, transmit, display, create derivative works from, or otherwise exploit any content on this website without our prior written consent.

Third-party marks. Product, company and technology names referred to on this website — including NVIDIA and NVIDIA product designations — are the trade marks of their respective owners. Any such reference is descriptive, made for the purpose of identifying technology, and does not indicate any partnership, sponsorship, endorsement or affiliation between those owners and us.

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7. Links to other websites

This website may contain links to websites operated by others. We provide them for convenience. We do not control those websites, we do not endorse them, and we are not responsible for their content, their availability or their handling of your information. Visiting them is at your own risk and subject to their terms.

You may link to our home page provided you do so in a way that is fair and lawful, does not damage our reputation or take advantage of it, and does not suggest any association, approval or endorsement that does not exist. We may withdraw permission to link at any time. You may not frame our website on another site without our written consent.

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8. Limitation of liability

To the fullest extent permitted by law:

• The website and its content are provided "as is" and "as available", without warranty of any kind, whether express or implied.
• We are not liable for any loss or damage arising from your use of, or inability to use, the website, or from reliance on any content published on it.
• We are not liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profit, revenue, business, goodwill, anticipated saving or data, however arising.
• We are not liable for any loss or damage caused by a virus, distributed denial-of-service attack or other harmful material that may infect your equipment as a result of using the website.

Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud. Nothing in these terms limits any right you may have under the Consumer Protection Act 68 of 2008 to the extent that it applies to you.

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9. Indemnity

You indemnify us against any claim, loss, liability, cost or expense arising from your breach of these terms, your misuse of the website, or your infringement of the rights of any other person through your use of the website.

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10. Privacy and data protection

Our handling of personal information is governed by our Privacy Notice and our Cookie Policy. Our records and access-to-information procedures are set out in our PAIA and POPIA Manual.

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11. Export control and lawful use

The infrastructure and technology we plan to deploy may be subject to export control, sanctions and trade restrictions in one or more jurisdictions.

You may not use this website to make an enquiry, or to seek to procure anything from us, in contravention of any applicable export control, sanctions or trade restriction. We reserve the right to decline any enquiry, and to decline to enter into any relationship, where we consider that doing so may be inconsistent with such a restriction or with our internal policies. We are not obliged to give reasons.

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12. General

Severability. If any provision of these terms is found to be unenforceable, the remaining provisions continue in full force.

No waiver. If we do not enforce a right under these terms, that is not a waiver of it.

Entire agreement. These terms, together with our Disclaimer, Privacy Notice, Cookie Policy and PAIA and POPIA Manual, constitute the entire agreement between you and us in respect of your use of the website.

Governing law. These terms are governed by the law of the Republic of South Africa.

Jurisdiction. You consent to the jurisdiction of the South African courts in respect of any dispute arising from these terms or from your use of the website.

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13. Contact

AI GPU Data Center (Pty) Ltd Registration number 2021/462125/07 · VAT number 4390297689 5 Rhodes Street, Kensington B, Randburg, 2195, South Africa Telephone: 082 465 1328 Email: chris.mostert@aigpudatacenter.co.za

Full statutory disclosures appear on our Legal Information page.