General Terms and Conditions of the "Remote Session" service

Publication date: 5 October 2026

GENERAL INFORMATION

Owner and provider of the service

These General Terms and Conditions (the "Terms") govern the contracting and provision of the "Remote Session" service between NEXTBIT and the natural or legal person who contracts it through the NEXTBIT website (the "CUSTOMER"). NEXTBIT and the CUSTOMER are jointly referred to as the "Parties".

The CUSTOMER accepts these Terms by ticking the acceptance box and completing the ordering process. If the CUSTOMER does not agree with them, it must not contract the Service.

CLAUSES

FIRST. Purpose

1.1. The purpose of these Terms is the provision by NEXTBIT to the CUSTOMER of the "Remote Session" service (the "Service"), which consists of making available a virtual machine without a graphics processing unit (GPU) (the "Virtual Machine"), hosted on NEXTBIT infrastructure in the European Union, which the CUSTOMER accesses remotely via SSH, for the contracted period and in exchange for a monthly fee.

1.2. The configuration chosen by the CUSTOMER (vCPU, RAM, disk, bandwidth and contracted term) and the resulting price are set out in the Order, which is the summary of the purchase shown to the CUSTOMER before confirmation and then sent by email.

1.3. The configuration options, their limits and the prices of the Service are those published on the NEXTBIT website at any given time, at https://www.nextbit256.com/cloud. All published prices are stated excluding taxes.

1.4. The Agreement between the Parties (the "Agreement") consists of these Terms, their Annexes, the Order and the documents referred to in clause Seventeenth. In the event of conflict, the Order prevails as regards configuration, term and price, and these Terms prevail in everything else, except for data protection, which is governed by clause Seventeenth and Annex II.

SECOND. Who the Service is for

2.1. The Service is offered exclusively for commercial, business or professional use. It may be contracted by legal persons and by natural persons aged eighteen (18) or over. These Terms apply equally to all CUSTOMERS.

2.2. By contracting, the CUSTOMER, including a CUSTOMER who is a natural person, declares that it contracts the Service for purposes related to its commercial or business activity, trade or profession, and not as a consumer.

2.3. By contracting, the CUSTOMER declares that the information it provides is true. If the person contracting does so on behalf of a legal person, that person declares that they have sufficient authority to bind it.

THIRD. Ordering process

3.1. Steps. The Service is contracted through the NEXTBIT website by following these steps:

1. Registration or sign-in to the customer account, with the CUSTOMER's identification and tax details.
2. Choice of the Virtual Machine configuration and the contracted term.
3. Entry of the public SSH key.
4. Review of the Order, with the price, applicable taxes, contracted term and its end date.
5. Entry of the payment card details.
6. Acceptance of these Terms by ticking the corresponding box, and confirmation of the Order.

3.2. Correcting errors. Before confirming, the CUSTOMER may review the Order and change any information by going back to the previous steps.

3.3. Confirmation. NEXTBIT will send the CUSTOMER, within a maximum of twenty-four (24) hours of the Order being confirmed, a confirmation email with the Order and the accepted version of these Terms, in a format that allows it to be stored and reproduced.

3.4. Archiving and access. NEXTBIT will archive the Agreement electronically together with the record of acceptance (date, time, version of the Terms, customer account and IP address). The CUSTOMER may consult the Order and the accepted version of the Terms from its customer area.

3.5. Validity. Electronic acceptance of these Terms has the same validity as a handwritten signature, under Spanish Law 34/2002 on information society services and electronic commerce (LSSI).

FOURTH. Description and nature of the Service

4.1. Virtual machine. NEXTBIT makes available to the CUSTOMER a Virtual Machine with the resources stated in the Order. The resources are provided through virtualisation on NEXTBIT physical infrastructure, which may be shared with other customers. The Service does not include a GPU or dedicated hardware.

4.2. Access. Access is via SSH using the public key provided by the CUSTOMER. The CUSTOMER manages its private key, which NEXTBIT neither sees nor holds, and is solely responsible for its safekeeping, rotation and use. The CUSTOMER has administrator (root) privileges over the Virtual Machine's operating system.

4.3. System image. The Virtual Machine is delivered with the "claude-tmux" image: the Debian 13 operating system with Claude Code and tmux preinstalled. Third-party software included in the image is governed by clause Sixth.

4.4. Role of NEXTBIT. NEXTBIT provides the Service as infrastructure operator. From delivery of the Virtual Machine, the CUSTOMER is solely responsible for the operating system, software, data, configurations and uses it deploys or operates on it, including their updates and security.

4.5. Best-effort basis. The Service is provided on a best-effort basis. NEXTBIT applies reasonable diligence in operating, maintaining and monitoring the infrastructure; however, it does not make any contractual commitment to minimum availability (uptime) or to specific performance levels, under the terms of clause Fourteenth.

4.6. Start of the Service. Provision of the Service begins immediately once the CUSTOMER accepts these Terms and the first payment is made: the Virtual Machine is deployed automatically and the Service is deemed started when it is active and accessible to the CUSTOMER (the "Activation Date").

4.7. Backups. The Service does not include backups of the Virtual Machine or of the CUSTOMER's data. The CUSTOMER is solely responsible for making and keeping its own copies.

FIFTH. Location, access by NEXTBIT and security

5.1. The Virtual Machine is hosted on NEXTBIT infrastructure located in the European Union. NEXTBIT does not transfer the data stored on the Virtual Machine outside the European Economic Area, without prejudice to clause 6.3 regarding third-party services used by the CUSTOMER.

5.2. NEXTBIT does not access the content of the Virtual Machine, except where strictly necessary to (i) handle an incident requested by the CUSTOMER, (ii) ensure the security or integrity of the infrastructure, or (iii) comply with a legal obligation or a request from a competent authority.

5.3. The CUSTOMER undertakes to use the Virtual Machine diligently and lawfully, to keep its system reasonably up to date and protected, and to comply with the Acceptable Use Policy in Annex I.

SIXTH. Preinstalled software and third-party services

6.1. The "claude-tmux" image includes third-party software, among others Claude Code (owned by Anthropic, PBC), Debian and tmux. That software is governed by the licences and terms of use of its respective owners, which the CUSTOMER undertakes to comply with. NEXTBIT grants no licence over that software and gives no warranty as to its operation.

6.2. The Service does not include any subscription, account, credits or access to the services of Anthropic or any other third party. To use Claude Code, the CUSTOMER must have its own account with Anthropic and accept its terms, and is solely responsible for the costs, use and compliance with those terms. NEXTBIT is not a party to that relationship.

6.3. Information that the CUSTOMER sends from the Virtual Machine to third-party services (including Anthropic's services when using Claude Code) leaves NEXTBIT's infrastructure and is processed under those third parties' terms, which may involve international data transfers. NEXTBIT is not responsible for that processing or for the transfers it involves.

6.4. NEXTBIT may update or replace the image offered for new orders. Virtual Machines already delivered will not be modified without the CUSTOMER's consent, except for security reasons.

SEVENTH. Configuration and changes

7.1. The available configuration options and their limits are those published on the website under clause 1.3.

7.2. Upgrades. The CUSTOMER may upgrade the resources of its Virtual Machine at any time from its customer area, within the published limits. The upgrade will be charged pro rata for the remaining days of the current month and will apply to subsequent fees, at the prices published on the website at the time of the request for the contracted term. Before confirming it, the CUSTOMER will see the new fee and the pro-rata amount. Each confirmed upgrade updates the Order without the need to accept these Terms again. An upgrade may require a restart of the Virtual Machine.

7.3. Downgrades. A reduction of resources may only be requested with effect from the start of a new renewal period. The disk may not be reduced below the space in use.

7.4. Upgrades do not change the contracted term or its end date.

EIGHTH. Price, invoicing and payment method

8.1. Price. The price of the Service is the monthly fee stated in the Order, calculated according to the prices published on the website at the time of purchase for the chosen configuration and term. Prices do not include taxes. For all CUSTOMERS, the taxes applicable under the regulations in force will be added to that price. Before the Order is confirmed, the CUSTOMER will be shown the amount of applicable taxes and the total price payable.

8.2. Fixed price for the contracted term. The Order price will remain unchanged for the whole contracted term, without prejudice to any upgrades requested by the CUSTOMER (clause 7.2) and to changes in applicable taxes. At each renewal, the prices published on the website at that time will apply, under clause Twelfth.

8.3. Monthly payment in advance. The first fee is charged on the day of purchase. Subsequent fees are charged in advance, on the same day of each following month, and each covers the month of service starting on that date. If that day does not exist in a given month, the charge is made on the last day of the month.

8.4. Invoicing. NEXTBIT will issue one monthly invoice for each fee charged, which will be available in the customer area.

8.5. Recurring card payment authorisation. By confirming the Order, the CUSTOMER expressly authorises NEXTBIT to charge the registered card, through its payment provider, the monthly fee every month while the Agreement is in force, as well as the amounts of any upgrades it requests and any other amounts accrued under the Agreement. The authorisation includes automatic retries in the event of a failed or declined charge until payment for the relevant period is obtained. The CUSTOMER undertakes to keep the card details up to date and to have sufficient funds or credit limit. Removing the card or revoking this authorisation does not extinguish the financial obligations already accrued or the contracted term.

NINTH. Non-payment

9.1. Immediate cessation of the Service. If a charge is unpaid, NEXTBIT will be entitled to cease providing the Service immediately, blocking access to the Virtual Machine, until the CUSTOMER pays all amounts owed in full. NEXTBIT will notify the CUSTOMER of the cessation by email. Cessation for non-payment does not give rise to any compensation for the CUSTOMER and does not release it from paying the fees.

9.2. Costs of non-payment. The CUSTOMER will pay NEXTBIT all costs NEXTBIT incurs as a result of non-payment, including bank or payment-provider fees and charges for returned, declined or failed charges, and collection costs (demands, registered notices, collection management and, where applicable, lawyer's and court representative's fees, in accordance with the law).

9.3. Late-payment interest. Any amount due and unpaid will accrue, from the day after its due date until full payment, late-payment interest under Spanish Law 3/2004 on measures to combat late payment in commercial transactions, at an annual rate equal to the twelve (12) month EURIBOR in force on the due date plus five (5) percentage points, in addition to the compensation for collection costs provided for in article 8 of that Law.

9.4. If non-payment continues, NEXTBIT may terminate the Agreement under clause 20.2.

TENTH. Contracted term

10.1. In the Order, the CUSTOMER chooses the term of the contract from the options published on the website. The fee depends on the chosen term.

10.2. The CUSTOMER undertakes to keep the Service for the whole contracted term, counted from the Activation Date. The contracted term is an essential condition of the Agreement and was taken into account in setting the price.

10.3. During the ordering process, the chosen term, its end date, automatic renewal and the consequences of early cancellation are shown prominently to the CUSTOMER in the Order, and the CUSTOMER expressly accepts them.

ELEVENTH. Early cancellation

11.1. If the CUSTOMER cancels the Service early during the contracted term, or during a renewal period, for reasons not attributable to NEXTBIT, it must pay, as a penalty clause, the amount of the remaining fees until the end of the current period, without prejudice to amounts already accrued and to clause Ninth.

11.2. That compensation will not be payable in the event of termination for breach by NEXTBIT, modification of the Terms (clause 23.3) or prolonged unavailability (clause 14.3).

TWELFTH. Renewal

12.1. At the end of the contracted term, the Agreement will renew automatically for a period of the same length, and each renewal period is equally binding under clause Eleventh.

12.2. At each renewal, the prices published on the website on the renewal date for the current configuration and term will apply, and will remain unchanged for the whole renewed period.

12.3. NEXTBIT will remind the CUSTOMER by email of the renewal date and the price that will apply at least thirty (30) days in advance.

12.4. The CUSTOMER may turn off automatic renewal at any time from its customer area or by notice under clause Thirteenth, at least fifteen (15) days before the end of the current period. NEXTBIT may object to renewal with the same notice. In both cases, the Agreement will end at the end of the current period, with the effects of clause 20.4.

THIRTEENTH. Communications

13.1. Communications from NEXTBIT to the CUSTOMER will be sent by email to the address associated with its customer account or through the customer area. The CUSTOMER undertakes to keep that address up to date.

13.2. Communications from the CUSTOMER to NEXTBIT (cancellation, turning off renewal, termination, complaints and any other relevant matters) will be made through the customer area, where the function is available, or by email to [email protected] from the address associated with its account. NEXTBIT will acknowledge receipt of cancellation and renewal-deactivation notices.

FOURTEENTH. Service level and support

14.1. No availability guarantee. NEXTBIT provides the Service on a best-effort basis under clause 4.5, and grants no service credits or automatic compensation of any kind for outages, interruptions or degradation.

14.2. Support. NEXTBIT will provide support by email at [email protected], limited to the availability of and access to the Virtual Machine and the infrastructure. Support does not include administration of the operating system, nor the CUSTOMER's software, configurations or data, nor third-party software (including Claude Code).

FIFTEENTH. Acceptable use and CUSTOMER warranties

15.1. Acceptable use. The CUSTOMER undertakes to comply with the Acceptable Use Policy in Annex I.

15.2. CUSTOMER representations and warranties. The CUSTOMER represents and warrants that:

(a) the information it provided when ordering is true;

(b) it complies with applicable law (including, where relevant, the GDPR, the Spanish LOPDGDD and Regulation (EU) 2024/1689) regarding the data it processes and the uses it makes of the Virtual Machine, including the use of artificial intelligence tools;

(c) it holds all licences and authorisations needed for the software and content it installs or uses;

(d) it will not use the Service for unlawful or fraudulent purposes or purposes that infringe third-party rights.

15.3. Indemnity. The CUSTOMER will hold NEXTBIT harmless against any claim arising from breach of the above representations and warranties or of the Acceptable Use Policy.

SIXTEENTH. Intellectual property

16.1. The data, software and content that the CUSTOMER stores, generates or runs on the Virtual Machine belong exclusively to it or to its licensors. NEXTBIT claims no rights over them, does not reuse them and does not use them to train, fine-tune or adapt any model, except for the basic technical telemetry on resource usage (consumption, availability, errors and billing) needed to provide the Service.

16.2. The infrastructure, operating software and other elements contributed by NEXTBIT belong to NEXTBIT. Any IP addresses assigned to the Virtual Machine belong to NEXTBIT and are not transferred to the CUSTOMER. The Agreement does not transfer to the CUSTOMER any right over those elements beyond the right to use them while it is in force.

SEVENTEENTH. Personal data protection

17.1. CUSTOMER data as contracting party. NEXTBIT processes the contact, billing and payment data of the CUSTOMER and its representatives, as well as the data in the record of acceptance of these Terms, as data controller, in accordance with its Privacy Policy, available at https://www.nextbit256.com/docs/privacy-policy.

17.2. Data hosted on the Virtual Machine. To the extent that NEXTBIT processes personal data on behalf of the CUSTOMER by hosting the Virtual Machine, NEXTBIT acts as data processor and the CUSTOMER as data controller, under the terms of NEXTBIT's Data Processing Agreement (DPA), available at https://www.nextbit256.com/docs/dpa, which the CUSTOMER accepts together with these Terms.

17.3. The Privacy Policy and the DPA apply in the version published on the website at any given time, with the adaptations for this Service set out in Annex II. In the event of conflict, Annex II prevails.

EIGHTEENTH. Confidentiality

18.1. Each Party undertakes to keep confidential the non-public technical, commercial or financial information of the other Party to which it has access in connection with the Agreement, and will not disclose it to third parties or use it for purposes other than performing the Agreement without the other Party's prior written authorisation.

18.2. This obligation will remain in force during the term of the Agreement and for three (3) years after its termination, and indefinitely as regards trade secrets and the technical elements of NEXTBIT's infrastructure.

18.3. The obligation is not breached where disclosure is legally required by a competent authority or is necessary towards advisers or subprocessors bound by equivalent confidentiality obligations. Information that is in the public domain other than through a breach, and information lawfully known to the receiving Party beforehand, are excluded.

NINETEENTH. Liability and indemnification

19.1. CUSTOMER indemnity. The CUSTOMER will hold NEXTBIT (and its directors, employees and collaborators) harmless and compensate it without limit of amount against any claim, penalty, fine, damage or expense (including legal defence costs) brought by a third party, authority or public administration arising from improper, unlawful or negligent use of the Service by the CUSTOMER, or from breach of clause Fifteenth or Annex I.

19.2. NEXTBIT liability (limited). NEXTBIT's total aggregate liability to the CUSTOMER for any matter arising from the Agreement is limited to the amount actually invoiced to the CUSTOMER in the six (6) months before the event giving rise to the claim.

19.3. Data loss and indirect damages. Since the Service does not include backups (clause 4.7), NEXTBIT will not be liable for loss or corruption of the CUSTOMER's data, nor for indirect damages or loss of profit, except in cases of gross negligence or wilful misconduct.

19.4. The limitations in this clause are without prejudice to liabilities that cannot be excluded by law.

TWENTIETH. Suspension and termination

20.1. Suspension. NEXTBIT may suspend the Service, with prior notice, in the event of breach of clause Fifteenth or Annex I, or of an objective risk of fraud or unlawful use. Where the use of the Virtual Machine immediately compromises the security or integrity of the infrastructure or of third parties (e.g. an outbound attack or a system compromise), NEXTBIT may suspend it without prior notice, informing the CUSTOMER as soon as possible. Suspension for these reasons does not give rise to any compensation for the CUSTOMER and does not release it from paying the fees. Cessation of the Service for non-payment is governed by clause Ninth.

20.2. Termination for non-payment. If non-payment continues for more than fifteen (15) calendar days from the due date, NEXTBIT may terminate the Agreement, with application of clause Eleventh.

20.3. Termination for breach. Either Party may terminate the Agreement for a serious breach by the other that is not remedied within fifteen (15) days of written notice.

20.4. Effects of termination. On termination of the Agreement for any reason, including non-renewal, access to the Virtual Machine will end and NEXTBIT will delete the Virtual Machine and all its data irreversibly within a maximum of seven (7) calendar days, unless there is a legal obligation to retain it. NEXTBIT is not obliged to keep or return the CUSTOMER's data after termination, so the CUSTOMER must download it before that date.

TWENTY-FIRST. Force majeure

Neither Party will be liable for failure to perform due to force majeure or unforeseeable circumstances beyond its reasonable control (including power, network or supplier outages). The affected Party will notify the other as soon as possible.

TWENTY-SECOND. Assignment

The CUSTOMER may not assign its contractual position or resell or sublicense the Service to third parties without NEXTBIT's written consent. NEXTBIT may assign the Agreement to companies in its group.

TWENTY-THIRD. Changes to the Terms

23.1. NEXTBIT may change these Terms to adapt them to legal, technical or commercial changes. Each version will state its number and publication date.

23.2. Changes will apply to Agreements in force from the start of the next renewal period, provided NEXTBIT has notified the CUSTOMER at least thirty (30) days in advance. Changes required by law or for security reasons may apply earlier, on the date that is necessary.

23.3. If a change substantially harms the CUSTOMER, the CUSTOMER may terminate the Agreement without penalty by notice sent before the date the change takes effect.

23.4. New orders will be governed by the version in force at the time of acceptance.

TWENTY-FOURTH. Miscellaneous

24.1. The Agreement constitutes the entire agreement between the Parties on its subject matter and supersedes any prior agreements. The CUSTOMER's general purchasing conditions do not apply.

24.2. The invalidity of any clause will not affect the validity of the rest, which will be interpreted in the way that best preserves the common purpose.

24.3. Failure by a Party to exercise any right under the Agreement does not constitute a waiver of it.

TWENTY-FIFTH. Governing law and jurisdiction

25.1. The Agreement is governed by Spanish law.

25.2. For any matter arising from its interpretation or performance, the Parties, waiving any other jurisdiction, submit to the Courts and Tribunals of the city of Valencia (Spain).

ANNEX I. ACCEPTABLE USE POLICY

The CUSTOMER will not use the Virtual Machine, directly or through third parties, to:

1. Send unsolicited bulk email (spam) or host services that facilitate it.
2. Carry out denial-of-service attacks, scans of third-party ports or networks, intrusion attempts or any activity that compromises other people's systems, except authorised tests on its own systems.
3. Mine cryptocurrencies.
4. Host or distribute malware, botnets, phishing or command-and-control servers.
5. Operate open proxies, exit nodes of anonymisation networks or similar services that hide the origin of third-party traffic.
6. Store or distribute unlawful content, including content that infringes intellectual or industrial property rights, or child sexual abuse material.
7. Resell, sublicense or share access to the Virtual Machine with third parties outside its organisation without NEXTBIT's authorisation.
8. Use resources in a way that, on a sustained basis, harms the service of other customers of the shared infrastructure.

NEXTBIT may block specific ports or traffic (e.g. outbound port 25) for security or abuse-prevention reasons. If a third party files an abuse complaint, NEXTBIT will forward it to the CUSTOMER, who must respond within forty-eight (48) hours, without prejudice to the immediate suspension provided for in clause 20.1.

ANNEX II. ADAPTATIONS OF THE PRIVACY POLICY AND THE DPA TO THIS SERVICE

The Privacy Policy and the DPA published on the website apply to the Service, with the following adaptations. Anything not covered by this Annex is governed by those documents.

A. Privacy Policy

1. Ordering data. In addition to account data, NEXTBIT processes as controller the data relating to the purchase of the Service:

• The CUSTOMER's identification and tax details.
• The contracted configuration and term.
• The public SSH key.
• The record of acceptance: date, time, IP address, browser, version of the Terms and boxes ticked.

2. Purposes and legal bases. Performance of the contract (art. 6.1.b GDPR), compliance with legal accounting and tax obligations (art. 6.1.c GDPR) and evidence of the purchase and defence of NEXTBIT's rights (legitimate interest, art. 6.1.f GDPR).

3. Retention. Ordering data and the record of acceptance are kept for six (6) years from termination of the Agreement.

4. Data that the CUSTOMER stores on the Virtual Machine is not governed by the Privacy Policy but by the DPA and part B of this Annex.

B. Data Processing Agreement (DPA)

1. Scope. References in the DPA to the "Services" include the "Remote Session" Service. References to the "Terms of Service" are to be read as references to these Terms.

2. Data processed. The DPA applies to the personal data that the CUSTOMER stores or processes on the Virtual Machine (the "Virtual Machine Content"). Unlike the API's "Request Content", the Virtual Machine Content is stored persistently on the Virtual Machine's disk while the Agreement is in force, under the CUSTOMER's exclusive control. The DPA provisions on non-retention of "Request Content" do not apply to the Virtual Machine Content.

3. Nature and purpose. Hosting and compute on a virtual machine administered by the CUSTOMER. NEXTBIT does not access the Virtual Machine Content except in the cases set out in clause 5.2 of these Terms.

4. Location and transfers. The Virtual Machine is hosted on NEXTBIT infrastructure in the European Union, and NEXTBIT does not transfer the Virtual Machine Content outside the EEA. The DPA provisions on the "Global Endpoint" and the "API gateway" do not apply to the Service. Data that the CUSTOMER sends from the Virtual Machine to third-party services (clause 6.3) is processing by the CUSTOMER and falls outside the DPA.

5. Security. NEXTBIT is responsible for the security of the physical infrastructure and the virtualisation layer. The CUSTOMER is responsible for the security of the operating system, software and access keys of the Virtual Machine.

6. Data subject rights. As the CUSTOMER has direct and exclusive access to the Virtual Machine Content, it will handle data subjects' requests directly. NEXTBIT will assist it under the DPA to the extent technically possible.

7. Deletion. The Virtual Machine Content is deleted within a maximum of seven (7) calendar days of termination of the Agreement, under clause 20.4 of these Terms. Ordering data and the record of acceptance are kept under part A.3 of this Annex.