Legal
Overview.

1. Jurisdictional Eligibility, Age of Majority, & Geographic Restrictions

Access to the Services is strictly predicated upon the Client's legal domicile. The Company restricts account provisioning exclusively to verified citizens and legally registered corporate entities residing within Canada and the United States of America.

By executing this Agreement, the Client formally warrants that they satisfy this geographic condition and possess the legal age of majority and requisite capacity in their respective jurisdiction to form a legally binding contract. The Company reserves the unilateral right to mandate cryptographic identity verification (KYC). The utilization of proxy networks, VPNs, or falsified billing instruments to obfuscate jurisdictional origin constitutes a material breach of this Agreement, resulting in immediate, uncompensated termination.

2. Unmanaged Infrastructure Architecture & Liability Extinguishment

The Company provisions strictly "unmanaged" bare-metal and virtualized compute environments. The Company explicitly disclaims any fiduciary or operational duty regarding the Client's deployed software stack.

• 2.1 Company Covenants: The Company is solely responsible for maintaining the physical hardware matrix, hypervisor stability, electrical redundancies, and Layer 2/3 network reachability to the node's external interface.
• 2.2 Client Liabilities: The Client assumes absolute and exclusive responsibility for the configuration, patching, firewall implementation, disaster recovery, and overall security posture of the operating system and application layers. The Company provides no software support and will not execute interventions to remediate application-level faults.

3. Subordination to Upstream Master Agreements

The Client acknowledges that the Company procures underlying datacenter footprint, power, and IP transit from specialized upstream providers ("Upstream Providers"). Consequently, this Agreement, and the Client's use of the Services, is strictly subordinate to the Acceptable Use Policies and General Terms imposed by said Upstream Providers.

• 3.1 OVHcloud Master Agreement (Canada): Incorporate by Reference
• 3.2 Cyberri Technologies Inc. Master Agreement: Incorporate by Reference

Actions by the Client that trigger sanctions, null-routes, or contractual penalties from Upstream Providers constitute an incurable material breach of this Agreement.

4. Remuneration, Taxation, & Refundability Covenants

• 4.1 Financial Obligations: All financial obligations are calculated, invoiced, and rendered exclusively in Canadian Dollars (CAD). Applicable federal and provincial taxes (e.g., GST/HST) are appended based on the Client's verified domicile.
• 4.2 Prepaid Model: The Services are provisioned strictly on a prepaid, flat-rate monthly cadence.
• 4.3 Initial 48-Hour Right of Rescission (Evaluation Period): Notwithstanding the general prohibition on refunds, newly registered Clients are granted a singular, strict forty-eight (48) hour evaluation window commencing at the precise cryptographic timestamp of their initial Service deployment. If the Client elects to terminate the Service within this exact 48-hour temporal boundary, they may formally request and receive a complete reimbursement of their initial remittance. This right of rescission is exclusively applicable to the Client's first provisioned node and is irrevocably voided if the Client engages in any Acceptable Use Policy (AUP) violations during the evaluation epoch.
• 4.4 Standard Non-Refundability Covenant: Upon the expiration of the 48-hour rescission window, and due to the immutable allocation of dedicated physical resources, all remittances become unconditionally final and non-refundable, to the maximum extent permitted by applicable consumer protection laws. The Company expressly disclaims any obligation or liability to issue prorated refunds for voluntary mid-cycle cancellations or for Services terminated pursuant to policy infractions.
• 4.5 Default and Asset Forfeiture: Failure to satisfy an invoice by the specified due date triggers automated suspension protocols. Following a brief grace period determined at the Company's sole discretion, the targeted compute nodes will undergo cryptographic destruction, resulting in the permanent forfeiture of all resident data.

5. Data Retention & Disaster Recovery Liabilities

The Client bears absolute and unilateral responsibility for the implementation of cryptographic backups. Any snapshot, automated backup, or archival tools provided by the Company are offered strictly "as-is" without warranty of utility, integrity, or restorability.

The Company shall not be held liable, under any legal theory (including negligence), for data corruption, deletion, or loss originating from hardware faults, network partitioning, malicious intrusions, or Client error.

6. DDoS Mitigation & Network Preservation Protocols

The Company provisions automated L3/L4 Distributed Denial of Service (DDoS) mitigation via Upstream Provider matrices. While volumetric scrubbing is provided without supplemental transit fees, it does not guarantee uninterrupted availability during extreme threshold events.

To preserve the integrity of the aggregate infrastructure, the Company retains the unilateral right to instantly "null-route" (blackhole) any Client IP address subjected to a volumetric attack that threatens collateral damage to adjacent tenants or core routing hardware.

7. Statutory Copyright Compliance

The Company strictly adheres to the Copyright Modernization Act and the statutory "Notice and Notice" framework. Upon receipt of a legally compliant infringement notice, the Company shall transmit said notice to the offending Client. Failure to execute prompt remediation, or the operation of services explicitly designed for mass infringement, shall trigger immediate suspension protocols.

8. Limitation of Liability

To the maximum extent permitted by applicable jurisprudence and consumer protection legislation, and except in instances of verified gross negligence or willful misconduct, in no event shall ColdHardSilicon Systems Inc., its officers, directors, employees, or upstream partners be liable for any indirect, incidental, special, consequential, or punitive damages. This exclusion applies explicitly to claims involving the loss of prospective profits, data destruction, business interruption, or reputational damage, regardless of whether the claim sounds in contract, tort, strict liability, or statutory mandate.

Unless strictly mandated by overriding consumer protection laws, under no circumstances shall the Company's aggregate, cumulative liability arising out of this Agreement exceed the total remuneration actually paid by the Client for the specific Service giving rise to the claim during the three (3) month period immediately preceding the triggering event.

9. Indemnification

The Client agrees to completely defend, indemnify, and hold harmless ColdHardSilicon Systems Inc. from any demands, claims, judgments, liabilities, or encumbrances (including reasonable legal counsel fees) initiated by any third party arising out of: (a) the Client's breach of this Agreement; (b) the Client-Hosted Content; or (c) any unlawful actions executed through the Client's provisioned infrastructure.

10. Modifications & Right to Terminate

To the maximum extent permitted by applicable consumer protection laws, the Company reserves the right to amend, modify, or append provisions to this Agreement at any time. Material alterations will be transmitted via electronic notice to the Client's registered email address no less than thirty (30) days prior to their effective date. If the Client fundamentally objects to the amended terms, their sole and exclusive remedy is to execute a formal termination of Services prior to the effective date. The Client's continued utilization of the Services subsequent to the effective date constitutes binding, irrevocable ratification of the modified terms.

11. Governing Law, Jurisdiction, & Dispute Resolution

• 11.1 Governing Law: This Agreement shall be construed and enforced exclusively in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, completely excluding conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods is explicitly rejected.
• 11.2 Exclusive Venue: Subject to overriding consumer protection laws that may mandate a local venue, the Client irrevocably consents to the exclusive personal jurisdiction of the provincial and federal courts situated in Windsor, Ontario, Canada, for the adjudication of any dispute arising from this Agreement. The defense of forum non conveniens is expressly waived.
• 11.3 Class Action Waiver: To the maximum extent permitted by applicable consumer protection laws, all adjudicatory proceedings shall be executed strictly on an individual basis. The Client expressly waives any right to participate in consolidated, representative, or class-action litigation against the Company.

12. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable—specifically including provisions restricted by applicable provincial consumer protection legislation—such provision shall be modified to the minimum extent necessary to render it enforceable, or severed entirely if modification is impossible. The invalidity or unenforceability of any single provision shall not impair, invalidate, or otherwise affect the remaining provisions of this Agreement, which shall remain in full force and effect.

1. Data Residency & Hybrid Sovereignty Processing

The Company is a federally incorporated Canadian entity operating under a "Hybrid Sovereignty" processing model. To balance stringent data residency requirements with operational efficiency, the Company enforces the following jurisdictional processing standards:

• 1.1 Primary Infrastructure: All core Client infrastructure—including virtual machines, shared hosting containers, and associated application data—is provisioned and maintained exclusively on physical hardware located within secure datacenter facilities geographically situated within Canada. Furthermore, the Company's primary administrative database is self-hosted entirely on Canadian infrastructure.
• 1.2 Administrative Sub-Processing: To facilitate essential business operations, including secure payment processing and high-availability transactional communications, the Company retains specialized, legally compliant third-party service providers (Sub-processors) located primarily in the United States.

Express Consent to Cross-Border Transfer: By executing an agreement for Services, the Client expressly acknowledges and consents to this bifurcated processing model.

2. Categories of Information Collected

In the course of providing our unmanaged infrastructure Services, the Company collects and processes the following distinct categories of data:

• 2.1 Account and Identity Data: Names, physical billing addresses, email addresses, telephone numbers, and corporate entity information.
• 2.2 Financial and Transactional Data: Requisite billing information to facilitate remuneration for Services rendered via PCI-DSS compliant third-party gateways.
• 2.3 Telemetry and Operational Data: Network access events, IP addresses, user-agent strings, and session data.
• 2.4 Client-Hosted Content (Disclaimer of Knowledge): The Company acts strictly as a neutral infrastructure provider. We do not monitor, index, or inspect Client-Hosted Content unless legally compelled.

1. Binding Incorporation of Upstream Policies

The logical footprint provisioned to the Client utilizes physical transport networks governed by strictly enforced Upstream Provider agreements. The Client is prohibited from executing any action that infringes upon the acceptable use parameters mandated by these entities.

2. Prohibition of Malicious Network Interference

The Client is strictly prohibited from utilizing the provisioned infrastructure to orchestrate, participate in, or obfuscate any form of malicious network interference, including but not limited to volumetric exploitation, unauthorized probing, header falsification, intrusion operations, and unsecured reflection vectors.

3. Absolute Prohibition of Unsolicited Commercial Email (UCE)

The Company actively defends the cryptographic reputation of its ASN and associated IP blocks. The transmission of Unsolicited Commercial Email (Spam) constitutes an incurable breach resulting in immediate account annihilation.

1. Infrastructural Availability Covenant (99.9%)

The Company formally covenants to maintain 99.9% monthly infrastructural availability concerning the physical network layer and core hardware nodes underpinning Compute Instances, Shared Capacity, and Reseller Blocks.

2. Calculation & Issuance of Service Credits

Should the Company’s tabulated metrics verify a failure to satisfy the 99.9% availability covenant within a specific calendar month, the Client shall be entitled to request a Service Credit. Service Credits are strictly calculated as a fixed percentage of the base recurring subscription fee attributed solely to the degraded node.