1. Introduction

These Terms and Conditions ("Terms", "T&C") govern the use of all services provided by Bobardt Enterprises Inc. ("Bobardt", "Company", "we", "us", or "our"), including but not limited to AI Hosting, Cloud Infrastructure, Server Hosting, and IT-related services.

By accessing or using our website, platforms, or services, you agree to be bound by these Terms. If you do not agree, you must not use our services.

Company Information:
Bobardt Enterprises Inc.
4321 W. College Avenue, Suite 200
Appleton, Wisconsin 54914, United States
Email: info@bobardt-enterprises.com
Phone: +1-920-806-0263

These Terms apply to customers located in the United States, Canada, and the European Union, with jurisdiction-specific provisions as outlined below.

2. Scope of Services

Bobardt Enterprises Inc. provides, but is not limited to, the following services:

• AI Hosting & GPU-based computing infrastructure
• Cloud hosting, hybrid & multi-cloud solutions
• Dedicated servers, VPS & containerized environments
• AI workload deployment, scaling & optimization
• Data backup, redundancy & disaster recovery
• Cybersecurity, firewall & monitoring solutions
• Domain registration & DNS management
• IT consulting, automation & system integration
• Website hosting, infrastructure management & support

Specific service details, limitations, and pricing are defined in the respective service agreements, order forms, or SLA documents.

3. Contract Formation

A binding contract is formed when:

• The customer submits an order or subscription request, and
• Bobardt Enterprises Inc. confirms the order electronically or in writing.

EU Consumers

Consumers located in the EU may have a 14-day right of withdrawal, unless services begin immediately with explicit consent.

Business Customers

The right of withdrawal does not apply to business customers (B2B), unless explicitly agreed in writing.

4. Pricing, Billing & Payments

• Prices are listed in USD or EUR, depending on customer location.
• Taxes are applied where legally required.
• Invoices must be paid within the stated payment period.
• Recurring subscriptions renew automatically unless canceled before the billing cycle.

Late payments may result in:

• Service suspension
• Additional fees
• Termination after reasonable notice

Bobardt reserves the right to adjust pricing with prior notice.

5. Customer Responsibilities

Customers agree to:

• Keep login credentials secure and confidential
• Use services in compliance with all applicable laws
• Ensure content hosted does not violate third-party rights

Not engage in:

• Illegal activities
• Malware distribution
• Unauthorized access attempts
• Abuse, fraud, or data exploitation

Customers are solely responsible for all data, code, AI models, and workloads deployed on their infrastructure.

Customers must comply with all Digital Millennium Copyright Act (DMCA) obligations.

6. Data Protection & Privacy

Bobardt complies with applicable privacy regulations, including:

• CCPA / CPRA (California)
• GDPR (European Union)
• FTC consumer protection standards

Personal data is processed solely in accordance with our Privacy Policy, which forms an integral part of these Terms.

We do not sell customer data.

Third-party providers (e.g. AWS, Google Cloud, Microsoft, networking partners) may be used to deliver services. Bobardt is not liable for breaches caused solely by third-party infrastructure beyond reasonable control.

7. AI Services & Data Usage

• AI workloads remain the sole property of the customer.
• Bobardt does not access, train, or reuse customer AI data without explicit consent.
• Aggregated, anonymized system metrics may be used to improve service stability and performance.
• Customers are responsible for compliance with AI-related laws and regulations applicable to their use case.

8. Service Availability & SLA

Bobardt targets 99.9% uptime, excluding:

• Scheduled maintenance
• Force majeure events
• Customer-caused incidents
• External provider outages

Service credits may apply as defined in the Service Level Agreement (SLA).

No system can be guaranteed to be completely uninterrupted.

9. Limitation of Liability & Disclaimer

No Warranty

All services are provided "AS IS" and "AS AVAILABLE", without warranties of any kind.

Bobardt is not liable for:

• Indirect or consequential damages
• Loss of profits, business, or data
• AI model inaccuracies or outcomes

Liability Cap

To the maximum extent permitted by law, liability is limited to the amount paid by the customer for the affected service within the previous 12 months.

Bobardt is not responsible for force majeure events, including natural disasters, cyber warfare, infrastructure failures, or government actions.

Bobardt is protected under CDA Section 230 for third-party hosted content.

10. Termination

Contracts may be terminated with 30 days\' notice, unless otherwise agreed.

Immediate termination may occur in cases of:

• Legal violations
• Abuse or security risks
• Repeated DMCA violations

No refunds are issued for terminations caused by customer breach.

11. Governing Law & Dispute Resolution

United States

Governing law: State of Wisconsin, USA

European Union

EU consumer protections remain applicable under mandatory law.

Arbitration

Disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA), unless prohibited by local law.

Mediation will be attempted prior to litigation where feasible.

12. Final Provisions

• Invalid provisions do not affect the validity of remaining sections.
• Amendments may be made with reasonable notice.
• Continued use of services constitutes acceptance of updated Terms.

SECTION 13 – STARTUP INFRASTRUCTURE & DATA RETENTION POLICY

13. Startup Infrastructure Services

13.1 Bobardt Enterprises Inc. offers specialized infrastructure services designed for startup companies (“Startup Infrastructure Services”). These services may include flexible payment handling, temporary service suspension, and optional data retention features not available under standard service plans.

13.2 Startup Infrastructure Services are provided exclusively to eligible customers at the sole discretion of Bobardt Enterprises Inc. and may be subject to additional terms, conditions, and limitations.

13. Service Suspension Due to Non-Payment

13.3 In the event of non-payment, overdue invoices, or billing failure, Bobardt Enterprises Inc. reserves the right to suspend the affected services without prior notice.

13.4 Suspension of services does not constitute termination of the agreement unless explicitly stated. During suspension, access to the infrastructure, systems, and hosted services may be restricted or disabled.

13. Data Retention (Startup Protection Feature)

13.5 As part of the Startup Infrastructure Services, customers may be eligible for temporary data retention after service suspension (“Data Retention Period”), depending on their selected plan or purchased add-on.

13.6 Available Data Retention Periods may include:

• Up to 30 days
• Up to 60 days
• Up to 90 days

13.7 Data Retention is provided as a best-effort service and is not guaranteed under all circumstances.

13. No Guarantee of Data Preservation

13.8 Bobardt Enterprises Inc. does not guarantee the integrity, availability, or recoverability of any data stored during the Data Retention Period.

13.9 Customers acknowledge and agree that:

• Data may be partially or completely lost
• Restoration may not be possible
• System limitations, failures, or operational constraints may affect data availability

13. Data Deletion

13.10 Upon expiration of the applicable Data Retention Period, all customer data, files, configurations, and system environments may be permanently deleted without further notice.

13.11 Bobardt Enterprises Inc. shall not be held liable for any loss of data after the expiration of the retention period.

13. Service Reactivation

13.12 Customers may request reactivation of suspended services within the Data Retention Period, subject to:

• Full payment of outstanding balances
• System availability
• Technical feasibility

13.13 Reactivation is not guaranteed and is provided on a commercially reasonable effort basis.

13. Limitation of Liability

13.14 Bobardt Enterprises Inc. shall not be liable for:

• Data loss
• Business interruption
• Revenue loss
• System downtime

arising from service suspension, retention limitations, or data deletion.

13. Domains and External Services

13.15 Domain names registered by customers remain their responsibility and are not subject to automatic deletion under this policy.

13.16 Failure to renew domain services may result in domain loss independent of infrastructure services.

13. Scope of Application

13.17 This Section applies exclusively to Startup Infrastructure Services and does not apply to standard hosting, dedicated servers, or other services unless explicitly stated.