Terms of Service

1. Acceptance of Terms

By accessing and using Capacity Connect ("Platform", "Service", "we", "us", or "our"), you ("User", "you", or "your") accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform.

We reserve the right to modify these Terms at any time. Your continued use of the Platform following any changes constitutes acceptance of those changes.

2. Description of Service

Capacity Connect is a marketplace platform that connects buyers, providers, and developers of data center capacity and GPU compute. Our services include:

• AI-powered capacity matching and market intelligence
• RFP creation, distribution, and response management
• Data center and GPU compute availability listings and search
• Deal room collaboration tools
• Contract management and documentation
• Market analytics and reporting

3. User Accounts and Registration

3.1 Account Creation

To use certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breaches

3.2 Account Types

When registering, you must accurately identify your role:

• Buyer: Organizations seeking data center capacity or GPU compute
• Provider: Data center operators offering capacity, and GPU compute providers (neoclouds) offering GPU clusters
• Developer: Companies developing new data center projects

3.3 Account Termination

We reserve the right to suspend or terminate your account for violations of these Terms, fraudulent activity, or for any other reason at our sole discretion.

4. User Conduct and Prohibited Activities

You agree NOT to:

• Provide false, misleading, or inaccurate information
• Impersonate any person or entity
• Use the Platform for fraudulent or illegal purposes
• Attempt to circumvent the Platform to conduct direct transactions
• Scrape, crawl, or extract data from the Platform without permission
• Interfere with or disrupt the Platform's functionality
• Upload malicious code, viruses, or harmful content
• Harass, threaten, or abuse other users
• Violate any applicable laws or regulations
• Infringe on intellectual property rights

5. Content and Intellectual Property

5.1 Your Content

You retain ownership of content you submit ("User Content"). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content for the purpose of operating and improving the Platform.

5.2 Our Intellectual Property

All Platform content, features, functionality, trademarks, logos, and software are owned by Capacity Connect and protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

5.3 Feedback

Any feedback, suggestions, or ideas you provide become our property, and we may use them without restriction or compensation.

6. Payments and Subscriptions

6.1 Subscription Plans

Paid subscriptions grant access to premium features. Subscription fees are charged in advance on a recurring basis (monthly or annually). Where you have signed an Early Access Agreement with Gridscope AS, that agreement sets your tier, fees, success fee and term and prevails over this section.

6.2 Payment Terms

• Fees are in the currency stated in your agreement or order; operator subscriptions are in euro (EUR) and Powered Land fees in Norwegian krone (NOK) unless otherwise specified
• Payments are non-refundable except as required by law
• We may change prices with 30 days' notice
• Failure to pay may result in account suspension or termination

6.3 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds will be provided for partial subscription periods.

7. Transactions Between Users

Capacity Connect facilitates connections between buyers, providers, and developers but is not a party to any transactions or agreements between users.

• We do not guarantee the quality, safety, or legality of services offered
• We are not responsible for user conduct or transaction outcomes
• All contracts and agreements are solely between the involved parties
• You must perform your own due diligence before entering agreements
• Disputes between users must be resolved directly between parties

8. AI and Data Usage

Our Platform uses artificial intelligence and machine learning to provide matching, recommendations, and market insights. By using the Platform, you consent to:

• Aggregated and anonymized usage of your data for AI training
• Automated decision-making for capacity matching
• Generation of market insights based on platform-wide data

AI-generated recommendations are provided "as is" without guarantees of accuracy or completeness. You should verify all information independently.

9. Disclaimers and Limitations of Liability

9.1 No Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPACITY CONNECT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Capacity Connect, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of Norway, without regard to conflict of law principles.

Any disputes arising from these Terms or the Platform shall be resolved through binding arbitration in Oslo, Norway, under the rules of the Norwegian Arbitration Act, except that either party may seek injunctive relief in court for intellectual property or confidentiality violations.

12. Privacy

Your use of the Platform is also governed by our Privacy Policy. Please review our Privacy Policy to understand our data collection and usage practices.

13. Miscellaneous

13.1 Entire Agreement

These Terms constitute the entire agreement between you and Capacity Connect regarding the Platform.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

13.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms without restriction.

14. Contact Information

For questions about these Terms, please contact us:

Email: privacy@capacityconnect.ai
Company: Gridscope AS (org. no. 937 330 324), Sigurd Hoels vei 9, 0655 Oslo, Norway
Registered in the Norwegian Register of Business Enterprises (Foretaksregisteret) and registered for VAT (937 330 324 MVA)