Terms of Service｜NUKCLOUD Apple Silicon Bare-Metal Infrastructure

1. Acceptance and Definitions

These Terms of Service (“TOS” or “Terms”) are a binding agreement between you and NUKCLOUD. By registering, accessing, or using any NUKCLOUD infrastructure, console API, physical compute node, or related software, you unconditionally accept all Terms.

If you accept on behalf of an entity, you represent that you have authority to bind that entity. If you disagree with any part, NUKCLOUD declines to provide services and you must stop access immediately.

2. Service Provision, Suspension, and Termination

We provide high-standard Apple Silicon bare-metal environments, but you must understand this is highly dynamic infrastructure:

Unilateral service changes: NUKCLOUD may modify, suspend, or permanently terminate any service, instance type, or network topology at any time without liability to you or third parties.
Emergency shutdown: If we determine your instance threatens backbone stability, data center power, or other users, we may physically power off or block routing immediately without prior notice.
Data destruction: When service ends (non-payment, cancellation, or Terms violation), the system immediately triggers NVMe overwrite erasure. You have no right to recover destroyed data.

3. Account Security and User Responsibility

Because we deliver physical machines with 100% root access, you have maximum freedom and maximum responsibility for instance operations.

                    Security boundary: You are solely responsible for account credentials, SSH private keys, and VNC passwords. NUKCLOUD is not liable for resource theft, data loss, or large bills caused by credential leaks, software vulnerabilities, or firewall misconfiguration, and will not waive resulting charges.
                

4. Strict Acceptable Use Policy (AUP)

Unmetered ports support large-scale CI/CD builds and lawful network use. You must not use our infrastructure for any of the following:

Malicious network activity: DDoS attacks, port scanning, brute force, phishing, or malware distribution.
Illegal compute use: Cryptocurrency mining or unauthorized botnet clients.
Resource abuse: Continuous meaningless I/O stress testing intended to degrade physical hardware lifespan.

Violation handling: NUKCLOUD has sole discretion to determine violations. Upon detection, we may immediately and permanently ban your account, refuse any refund of paid amounts, and cooperate with law enforcement on digital forensics. We are not obligated to warn you or provide backup time before a ban.

5. Fees, Payment, and No-Refund Policy

You agree to pay infrastructure fees in full per published rates and billing cycles.

                    Absolute No-Refund Policy: NUKCLOUD bare-metal deployment consumes real physical resources and power. All paid subscription fees (including monthly and annual prepayment) are final and non-refundable. Even if you terminate early or are banned for TOS violations, you have no right to prorated refunds or account credit.
                

If payment fails due to card chargeback or insufficient balance, we may terminate your instance and erase data after a grace period (typically 12 hours).

6. Disclaimer and Limitation of Liability

These terms represent strict commercial risk allocation:

Provided as is: Services are provided strictly on an “as is” and “as available” basis. NUKCLOUD disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
Data backup disclaimer: We do not back up your business data. You must maintain off-site backups. We are not liable to repair or compensate for data loss for any reason.

                    Liability cap: To the maximum extent permitted by law, whether in contract, tort, or otherwise, NUKCLOUD and its officers and employees are not liable for indirect, incidental, punitive, or special damages (including lost profits or data). Our total cumulative liability shall not exceed fees you actually paid in the month before the claim event.
                