These Website Terms of Use (these “Terms”) are provided by KONST Technology Co., Ltd. (康斯特科技股份有限公司) (“KONST,” the “Company,” “we,” “us,” or “our”) to protect the rights and interests of the Company and the users of our official website at https://www.konsttech.ai, including all of its subpages (the “Website”).
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and the KONST Privacy Policy, including any amendments made by the Company in accordance with these Terms. If you do not agree to all or any part of these Terms, please stop using the Website immediately. If you use the Website on behalf of a company or other organization, you represent and warrant that you are authorized to do so, and “user” and “you” in these Terms include that organization.
1. Nature of Website Information; Definitive Agreement Prevails
- All information on the Website, including without limitation GPU models, specifications, node and GPU counts, GPU memory, CPUs, memory, storage, network architecture (GPU fabric), cooling methods, data center locations, tier ratings, certifications, pricing (including prices marked “from” or “starting at” and reference per-GPU hourly rates converted from monthly fees), contract terms, payment structures, proof-of-concept (POC) arrangements and fee credits, estimated go-live or delivery timelines, service level agreements (SLAs), response times, warranties, and other commercial terms (collectively, “Website Information”), is provided for your preliminary evaluation and reference only.
- Website Information does not constitute an offer, commitment, representation, or warranty by the Company. Pursuant to the proviso of Article 154, Paragraph 1 of the Civil Code of Taiwan, the Company expressly declares in advance that it shall not be bound by any Website Information. Website Information constitutes an invitation to make an offer only, and no contract shall be formed by your submission of an inquiry or a request for quotation through the Website.
- All quotations, specifications, transaction terms, and other rights and obligations are subject to, and shall be governed solely by, a formal written quotation issued by the Company and a definitive written agreement executed by both parties (collectively, the “Definitive Agreement”). In the event of any inconsistency between the Definitive Agreement and Website Information, the Definitive Agreement shall prevail. Website Information does not form part of any Definitive Agreement unless expressly incorporated therein.
- The currency and pricing basis of any price shown on the Website, and whether such price includes business tax, customs duties, bank charges, exchange rate differences, or other taxes and fees, shall be as set forth in the Definitive Agreement. Actual pricing will vary depending on factors such as contract term, memory or other configuration, payment structure, volume, delivery location, and market conditions.
- Availability of data center capacity, deliverable quantities, and any designation such as “in stock” or “immediate delivery” may change at any time due to supply chain constraints, market demand, third-party data center operators, export controls, or other factors. The Company does not guarantee that any capacity will remain available at the time of your inquiry or contract execution. Actual quantities and delivery schedules are subject to the Company’s written confirmation and the Definitive Agreement.
- For certain data centers, the city, facility name, tier rating, and contracting entity remain under discussion and will be disclosed at the contracting stage as agreed. The actual contracting entity may be the Company or one of its affiliates, as specified in the Definitive Agreement.
- Specification comparisons on the Website, and any results generated by the AI Training Calculator or other estimation tools (including estimated VRAM usage, required number of GPUs, recommended GPU models, and training costs), are estimates based on general assumptions. Actual usage and costs will vary depending on the model, framework, implementation, and workload. Such results do not constitute a recommendation or guarantee by the Company, and you are solely responsible for your own judgment and any use of such results.
- The Company will use reasonable efforts to keep Website Information accurate and up to date, and may update, correct, or remove Website Information at any time without prior notice. If any Website Information contains a typographical or manifest error, the Company may correct it and shall not be bound by the erroneous information.
2. Your Obligations
- Accurate information: When you contact the Company through a form on the Website or by other means, you shall provide accurate, complete, and truthful information, and shall notify the Company of any subsequent changes. You shall be liable for any damage suffered by the Company or any third party as a result of false information or information of another person provided by you.
- Compliance with laws: You shall comply with the applicable laws and regulations of Taiwan (R.O.C.) and all applicable international internet rules and practices, including export control and economic sanctions laws and regulations that may apply to the Company’s services.
- You shall not use the Website to transmit or post any abusive, defamatory, indecent, obscene, or offensive text or images, or to advertise or sell any goods or services.
- You shall respect the intellectual property rights of the Company and others, and shall not post any text, images, or files in any form that infringe any intellectual property or other rights of others.
3. Acceptable Use
- To maintain a secure and fair environment for all users, you shall not:
- interfere with, disrupt, or attempt to gain unauthorized access to the Website or any of the Company’s servers, systems, or networks;
- upload or transmit any virus, malware, or other code or file that may impair the normal operation of the Website;
- use any crawler, robot, scraper, or other automated means to extract or copy, in bulk, any content or Website Information (including pricing and specification information) without the Company’s prior written consent;
- impersonate the Company or any other person, or submit forms, inquiries, or other requests in bulk or using false information; or
- engage in any other conduct that violates applicable law, these Terms, or public order or good morals.
- If the Company discovers or reasonably suspects any conduct described in the preceding subsection, the Company may restrict your access to all or any part of the Website and reserves the right to pursue civil or criminal remedies and to seek damages in accordance with law.
4. Intellectual Property
- You acknowledge that all intellectual property rights and ownership in and to the materials on the Website (including without limitation text, specification sheets, charts, logos, images, user interfaces, audiovisual content, estimation tools, and website code and software) belong to the Company or its licensors.
- Without the Company’s prior authorization, you may not reproduce, transmit, modify, sell, publicly transmit, or otherwise use any content on the Website, and you shall be solely liable for any violation. Notwithstanding the foregoing, you may print or save pages of the Website to a reasonable extent for your internal use in evaluating a potential transaction with the Company.
- NVIDIA, Intel, AMD, and other third-party trademarks, product names, and logos referenced on the Website are the property of their respective owners. Such references are for identification and descriptive purposes only and do not imply any partnership, license, sponsorship, or endorsement between the Company and such owners.
- You agree that the Company may use any requirements, comments, or suggestions you submit through the Website or otherwise for the purposes of responding to your inquiry, improving its services, and other reasonable business purposes. Please do not submit confidential information of you or your organization through the Website forms; the parties may enter into a separate non-disclosure agreement where appropriate.
5. Privacy
Personal data you provide through the Website, and the Website’s use of cookies, are collected, processed, used, and protected in accordance with the KONST Privacy Policy. By using the Website, you consent to the processing of your personal data by the Company in accordance with the KONST Privacy Policy.
6. Third-Party Websites and Content
- The Website may contain links to third-party websites, including social media platforms, media coverage, and websites of partners and affiliates (such as Horizon AI and Glows.ai). Such websites are operated independently by third parties, which are solely responsible for their content and privacy policies. These links are provided for convenience only, and the Company does not warrant the accuracy, legality, or security of such websites.
- Media coverage, press releases, and case studies cited or linked on the Website reflect information as of their respective publication dates. The Company undertakes no obligation to update them, and their inclusion does not constitute an endorsement by the Company.
7. Changes to and Discontinuation of the Website
- The Company may modify, suspend, or discontinue all or any part of the Website at any time based on its business development and service planning, including by removing any data center, GPU model, or Website Information.
- Any modification or discontinuation of the Website shall not affect the validity of any Definitive Agreement executed between the Company and you. The rights and obligations of the parties shall continue to be governed by the Definitive Agreement.
8. Disclaimers and Limitation of Liability
- DISCLAIMER OF WARRANTIES. THE WEBSITE, ALL WEBSITE INFORMATION, AND ALL CONTENT, ESTIMATION TOOLS, AND OTHER MATERIALS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE “KONST PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND COMPLETENESS, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
- WITHOUT LIMITING THE FOREGOING, THE KONST PARTIES DO NOT WARRANT THAT: (I) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) ANY DEFECTS WILL BE CORRECTED; (III) THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) ANY WEBSITE INFORMATION, INCLUDING PRICING, SPECIFICATIONS, AVAILABILITY, AND DELIVERY TIMELINES, OR ANY RESULTS GENERATED BY ANY ESTIMATION TOOL, IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT.
- YOUR USE OF AND RELIANCE ON THE WEBSITE AND ANY WEBSITE INFORMATION IS AT YOUR SOLE RISK. ANY DECISION YOU MAKE (INCLUDING ANY PROCUREMENT, INVESTMENT, BUDGETING, OR DEPLOYMENT DECISION) BASED ON WEBSITE INFORMATION OR THE RESULTS OF ANY ESTIMATION TOOL SHALL BE SUBJECT TO YOUR OWN INDEPENDENT EVALUATION AND TO THE DEFINITIVE AGREEMENT, AND THE KONST PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH DECISION.
- No Investment Advice. Content on the Website relating to “Investment & Owner Partnerships,” compute investment programs, return models, and the Company’s shareholders or business developments is provided for general information only. Such content does not constitute investment advice, nor an offer or solicitation to subscribe for, issue, purchase, or sell any securities.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE KONST PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR ANY WEBSITE INFORMATION, OR YOUR USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE KONST PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, AND THE LIABILITY OF THE KONST PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Changes to These Terms
The Company may amend these Terms at any time. The amended Terms will be posted on the Website and will take effect on the date of posting. If an amendment involves a material change, the Company will provide prominent notice on the Website. Your continued use of the Website after any amendment constitutes your acknowledgment and acceptance of the amended Terms. We encourage you to review the latest version of these Terms on the Website from time to time.
10. Governing Law and Jurisdiction
These Terms, and any dispute with the Company arising out of the use of the Website, shall be governed by and construed in accordance with the laws of Taiwan (R.O.C.). The Taiwan Taipei District Court shall be the court of first instance with jurisdiction, unless otherwise provided in a Definitive Agreement.
11. Miscellaneous
- Headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
- If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- In the event of any inconsistency between these Terms and a Definitive Agreement, the Definitive Agreement shall prevail. Matters not addressed in these Terms shall be governed by the relevant rules and notices posted by the Company on the Website and the applicable laws of Taiwan (R.O.C.).
- These Terms are available in Chinese and English. In the event of any inconsistency between the two versions, the Chinese version shall prevail.
- If you have any questions about these Terms, please contact the Company through the “Contact Sales” page of the Website or by email at service@konsttech.ai.
Last updated: October 5, 2026