Refund and Cancellation Policy

1. Scope and Precedence

This Refund and Cancellation Policy (the "Policy") is issued by EverXCloud Inc., a Delaware corporation, with its registered office at 8 The Green, Suite #19720, Dover, DE 19901, United States ("EverXCloud", "we", "us" or "our"), and forms part of the Terms of Service, available at everxcloud.ai/legal/terms. Capitalised terms not defined in this Policy have the meaning given in the Terms of Service.

This Policy prevails over the Terms of Service on its subject matter. If you are an Individual Customer, the Additional Terms for Consumers in the Terms of Service prevail over this Policy, and nothing in this Policy limits any right that you have under the mandatory consumer protection law of your country or state of residence. Service credits for unavailability are governed by the Service Level Agreement, available at everxcloud.ai/legal/sla.

All amounts are held and refunded in the currency in which they were paid. Each currency of your Prepaid Balance is kept separately and is never converted by us.

2. Top-Ups of the Prepaid Balance

You fund your Prepaid Balance by top-ups made by card through our payment service provider, by bank transfer, or by any other payment method shown in the Portal. A top-up is credited to your Prepaid Balance once the payment has been received.

You may cancel a top-up that is still pending, at no cost, from the billing page of the Portal, as long as no funds have been received for it. A pending bank transfer top-up for which a partial payment has already been received can no longer be cancelled: you may complete the transfer or contact us at [email protected] to have the amount received returned.

The Prepaid Balance does not expire and bears no interest. It is not a deposit account, a stored-value product or electronic money: it can only be used to pay for the Services or be refunded under this Policy. It cannot be transferred to another account.

3. Refund of Unused Prepaid Balance

You may request a refund of all or part of the unused, paid portion of your Prepaid Balance at any time, by writing to [email protected] from the e-mail address of an account administrator or through the support section of the Portal. Refunds are processed by our team; they cannot yet be triggered automatically from the Portal.

• Refundable amount. The refundable amount is the portion of your top-ups that has been received by us and not yet consumed, reserved or refunded. Funds held for open Spot Orders or committed Reservations become refundable once released. Promotional Credits are never refundable (Section 8). A refund can never exceed the refundable amount or make your Prepaid Balance negative.
• Method. Card top-ups are refunded to the card used for the top-up. Bank transfer top-ups are refunded by transfer to the account from which the funds were received, or to another account in your name where that account is closed. Where the original payment method cannot receive the refund, we will refund by bank transfer to an account in your name after verifying it.
• Fees. We do not charge a fee for refunds. Your bank or card issuer may charge its own fees, and currency conversion by your bank, if any, is outside our control.
• Timeframe. We process complete refund requests within 14 days of receipt. Card refunds usually appear on your statement within 5 to 10 business days after processing, depending on your card issuer.
• Verification. We may ask you to confirm your identity and the ownership of the receiving account, and we may delay a refund while a payment dispute, a fraud review, a sanctions review or an investigation under the Acceptable Use Policy is pending, or refuse it where the law requires us to do so.

When unused Prepaid Balance is refunded, we issue a refund receipt; no tax is involved, because no tax is charged on top-ups. Where a charge for Services on which tax was charged is refunded or reduced, we issue a credit note (Section 15).

4. Usage-Based Charges (On-Demand Instances)

On-demand Instances are charged for the time during which they run, at the price displayed when you launch them. You may stop or destroy an Instance at any time from the Portal or the API, without notice and without any cancellation fee; charges stop from that point.

Charges for usage already consumed are not refundable, except where the Service was not delivered or was defective as set out in Section 9. No usage is charged for an Instance whose launch fails.

If your available Prepaid Balance reaches zero, your running and stopped Instances are destroyed immediately and pending launches are cancelled, except an Instance paid from funds still held for a matched Spot Order or a Reservation, as described in the Terms of Service. Data stored on a destroyed Instance is deleted and cannot be recovered: EverXCloud does not provide persistent storage.

5. Spot Orders

When you place a Spot Order to buy compute hours on the EverXCloud market, the maximum amount of the order, including applicable taxes, is held on your Prepaid Balance. A hold is not a charge: the held funds are not available for other purchases but remain your property.

• Unless the Portal states otherwise, a Spot Order is filled as a whole and is never partially filled.
• You may cancel an open Spot Order at any time before it is matched. The held funds are released immediately and no fee applies.
• An unmatched Spot Order expires at the end of the validity period that you choose when you place it (up to 168 hours, from the options displayed in the Portal), and its held funds are then released.
• Once your order is matched, the corresponding Instance is delivered to you and its usage is charged against the held funds at the matched price, which never exceeds your limit price. When the Instance ends, any part of the hold that was not consumed is released.
• Usage consumed under a matched order is not refundable, except as set out in Section 9.

6. Reservations

A Reservation is a commitment to use a specified Instance for a specified future period, at a price fixed at the time of booking. When you make a Reservation, the total price of the reserved period, including applicable taxes, is held on your Prepaid Balance.

• Free cancellation. You may cancel a Reservation free of charge at any time until 48 hours before the scheduled start time. The held funds are then released in full. The exact deadline is displayed in the Portal for each Reservation.
• Late cancellation. If you cancel less than 48 hours before the scheduled start time, or after the start time but before the Instance has been successfully delivered to you, a late cancellation fee equal to 50 percent (5,000 basis points) of the total price of the reserved period (excluding taxes), plus applicable taxes, is charged, and the balance of the hold is released. The fee is rounded down to the smallest currency unit and never exceeds 50 percent of the price of the reserved period. The fee compensates the capacity that was set aside for you and could not be offered to other customers.
• Use after delivery. Once the reserved Instance has been delivered, the full price of the reserved period is due, whether or not you use the Instance for the whole period ("take or pay"). If you terminate the Instance early, the unused reserved time is not refunded.
• Non-delivery. If we fail to deliver the reserved Instance within 15 minutes after the scheduled start time, you may cancel the Reservation without any fee, and you are charged nothing for the reserved period. If a reserved Instance fails during the period because of the host or the Provider, you are charged only for the time actually delivered and, where applicable, receive service credits under the Service Level Agreement.
• The free cancellation period and the late cancellation fee applicable to your Reservation are those displayed in the Portal at the time you book it. Any change that we make to these values applies only to Reservations booked after the change.

7. Hour Packs

An Hour Pack is a quantity of prepaid compute hours for a specified GPU model, purchased from your Prepaid Balance at a price displayed before purchase. Hour Pack hours are used automatically by your matching rentals before your Prepaid Balance.

• Validity. Each Hour Pack is valid for the period stated at the time of purchase (365 days unless otherwise stated). We notify you by e-mail 30 days and 7 days before the expiry of an Hour Pack that still has unused hours. Hours that remain unused at the end of the validity period expire and are not refunded.
• No refund. Hour Packs are non-refundable and non-transferable once purchased, except (a) where we discontinue the GPU model covered by the Hour Pack and cannot offer you an equivalent model at no additional cost, in which case we refund the unused hours pro rata to your Prepaid Balance, (b) as provided in Section 9, and (c) where a refund is required by applicable consumer law, including the right of withdrawal described in Section 13.
• Fraud. We may revoke an Hour Pack purchased with funds that are the subject of fraud or of a successful payment dispute.

8. Promotional Credits

Promotional Credits are amounts that we grant free of charge, including through credit codes, referral rewards, welcome credits or credits offered by our team. Promotional Credits:

• have no cash value, are non-refundable, cannot be withdrawn or transferred and are not converted into money in any circumstances, including on account closure;
• may only be used to pay for the Services covered by the relevant offer, and may be subject to an expiry date, a minimum spend or other conditions communicated with the offer;
• may be redeemed only once per account and per user for each credit code, and some codes are reserved for accounts created less than 30 days before redemption;
• may be withdrawn, in whole or in part, without notice if they were obtained in breach of the offer conditions, through multiple accounts, self-referral, fraud or any breach of the Acceptable Use Policy, and any Services paid with them may then be charged to your Prepaid Balance.

When you pay for the Services, Promotional Credits are used before funds you have paid, unless the offer states otherwise. Service credits granted under the Service Level Agreement are treated as Promotional Credits for the purposes of this Section.

9. Service Failures

If an Instance fails to launch, you are not charged for it. If the Service is unavailable or defective because of EverXCloud or a Provider, you are entitled to the remedies set out in the Service Level Agreement, including service credits and, for prolonged outages, a replacement Instance or a full refund of the charges for the affected period.

If we are unable to deliver a Service that you have paid for in advance, such as a Reservation or an Hour Pack, we will refund the amount paid for the part that we could not deliver to your Prepaid Balance. Amounts refunded under this Section are paid funds and may in turn be refunded to you under Section 3. Where you are an Individual Customer, you also retain any remedy available to you under applicable consumer law for services that are not supplied as agreed.

10. Suspension and Termination for Breach

If we suspend or terminate your account because of a breach of the Terms of Service or the Acceptable Use Policy, charges already incurred remain due and Promotional Credits are forfeited. The unused paid portion of your Prepaid Balance is refunded under Section 3, after deduction of any amounts you owe us, except to the extent provided in Section 19 of the Acceptable Use Policy for serious violations and only to the extent permitted by applicable law.

11. Account Closure

You may close your account at any time by writing to [email protected] or through the Portal where this option is available. Before closure, you should destroy your Instances and download any data you wish to keep; we will cancel any open Spot Orders and release their holds. Reservations are cancelled under the rules of Section 6.

On closure, we refund the unused paid portion of your Prepaid Balance under Section 3. Unused Hour Pack hours and Promotional Credits are forfeited and not refunded, except as provided in Section 7 or required by law. If you do not request a refund on closure, the unused paid balance remains owed to you and we will attempt to return it to you; amounts that we are unable to return are handled in accordance with applicable unclaimed property laws.

12. Chargebacks and Payment Disputes

If you have a problem with a payment, please contact us at [email protected] before contacting your bank or card issuer: most issues can be resolved quickly and a refund under this Policy is faster than a chargeback.

If a payment dispute or chargeback is opened on a top-up, your account is frozen immediately pending its resolution, and we may stop your Instances and cancel your open Spot Orders and Reservations. The disputed amount is deducted from your Prepaid Balance and, to cover our processing costs, a dispute fee of 15.00 in the currency of the disputed top-up (for example, USD 15.00) is also charged, to the extent permitted by applicable law. If the dispute is resolved in your favour or withdrawn, the disputed amount and the dispute fee are credited back. The suspension is lifted after review by our team. If the deduction leaves your Prepaid Balance negative, you must pay the amount owed before you can use the Services again.

Opening an unjustified chargeback for Services that were delivered is a breach of the Terms of Service and may lead to termination of your account.

13. Individual Customers in the European Union and the United Kingdom

If you are an Individual Customer residing in the European Union, the European Economic Area or the United Kingdom, you have the statutory right to withdraw from a contract concluded online with us within 14 days of its conclusion, without giving any reason, as described in the Additional Terms for Consumers in the Terms of Service. In summary:

• Top-ups. You may withdraw from a top-up within 14 days; we refund the unused amount of that top-up in accordance with Section 3. Because a refund of unused balance is available at any time, this right is preserved in all cases.
• Services started at your request. Before your first top-up, launch, Spot Order, Reservation or Hour Pack purchase, you request, by ticking a separate box in the Portal that is not pre-ticked and is distinct from your acceptance of the Terms of Service, that we start providing the Services immediately, during the withdrawal period; we confirm that request by email. Until you make it, we do not accept your top-ups or Orders. If you withdraw from a Service before it has been fully performed, you pay for the Services supplied up to the time you informed us of your withdrawal, in proportion to the total agreed price, and the remainder is refunded.
• Loss of the right. Because of that express request and of your acknowledgement, you lose the right of withdrawal for a Service only once it has been fully performed; until then, you may still withdraw and pay only for the part already provided. For an Hour Pack, this means that the right of withdrawal ends once all the hours of the pack have been used.
• Exercise. You may exercise the right by sending us a clear statement, for example by e-mail to [email protected], or by using the model withdrawal form in the Additional Terms for Consumers. We refund the amount due within 14 days of receiving your statement, using the same means of payment as you used, at no cost to you.

If the Additional Terms for Consumers and this Section differ, the Additional Terms for Consumers prevail.

14. Individual Customers in the United States and Other Countries

Federal law of the United States does not provide a general cooling-off period for online purchases of services. If you are an Individual Customer in the United States, the refund rights set out in this Policy apply, together with any non-waivable right granted to you by the consumer protection law of your state of residence, which this Policy does not limit. The same applies to Individual Customers in other countries under their mandatory local law.

15. Taxes on Refunds

Where a refund relates to an amount on which sales tax, value added tax or a similar tax was charged, the corresponding tax is refunded with it and a credit note is issued, in accordance with the Tax Policy available at everxcloud.ai/legal/taxes. A refund of unused Prepaid Balance involves no tax, because no tax is charged on top-ups. Where tax rules require the tax to be reported in another currency, the credit note may also state the tax amount in that currency.

16. How to Request a Refund or Cancellation

Cancellations of top-ups, Spot Orders, Reservations and Instances are made directly in the Portal or through the API. Refunds, withdrawals and any other request under this Policy are made by writing to [email protected] or through the support section of the Portal, stating your account e-mail, the organisation concerned, the amount or purchase concerned and, for a refund, the preferred receiving account where the original payment method cannot be used. We acknowledge receipt and inform you of our decision and of the expected date of payment.

17. Changes to this Policy

We may update this Policy from time to time. The version that applies to a purchase is the version in force at the time of that purchase. We will publish the updated Policy at everxcloud.ai/legal/refunds with its effective date and notify account holders of material changes by e-mail or in the Portal at least 15 days before they take effect.

Effective date: 19 October 2026. Version 2026-10-19.