Terms of Use

1. Operator and Scope of Application

AXVIA operates this website and the related services. These Terms apply to the official website, customer console, network connection management and resource services specified in orders. Together with the Privacy Policy, Acceptable Use Policy and Cookie Policy, they set out the service arrangements.

2. Orders and Order of Precedence

The purchased items, service scope, resource locations, configurations, fees and service periods are governed by the order confirmed by the user and the subscription terms shown in the console. For enterprise services separately negotiated and expressly accepted, if the transaction documents conflict, the service order, the applicable dedicated SLA or product addendum, and these terms apply in that order; this order applies only within the service scope set out in each document. Enterprise terms do not automatically change the payment, renewal or exit methods of ordinary self-service subscriptions.

3. Accounts, Teams, and Authorization

Users must provide information that is truthful, accurate and that they are entitled to provide, and must promptly update contact and billing details. Team owners and administrators must assign member roles appropriately, safeguard login credentials, terminal configurations and proxy authentication information, and are responsible for their own use and the use by members they manage. If a device is lost, a member leaves or credentials are compromised, the relevant configurations must be promptly disabled, permissions revoked or credentials rotated. Access to target systems and their content requires the appropriate authorization; purchasing a network connection service does not itself grant that right.

4. Hosted Resources and Customer-Provided Infrastructure

AXVIA manages the Agent and node service configurations of hosted resources. For BYOG and BYOC, the customer maintains the servers, operating systems, SSH access and provider networks, while the platform manages Agents and node services that have been taken over; for BYOP, the customer maintains the proxies, authentication information, quotas and network, and no Agent is installed under BYOP. The connection capacity and availability of self-provided nodes depend on the customer's facilities and those of its providers.

5. Delivery and Acceptance

An order sets out the purchased items, amount, currency and period. Self-service services are created or delivered according to the console's payment and resource provisioning process; users can check progress on the order and resource pages and report issues through a support ticket. Separately negotiated enterprise services are accepted according to the standards and timeframes agreed in the service order; if the order does not specify an acceptance period, any delivery issue must be notified within two days of delivery, and the parties will then investigate and resolve it accordingly. This two-day arrangement applies only to separately negotiated enterprise services; it does not restrict ordinary self-service subscription users from reporting issues, nor does it exclude rights that cannot be waived under law.

6. Self-Service Subscriptions and Enterprise Billing

Ordinary self-service subscriptions use the prepaid and monthly arrangements set out in the order or the console, and account balances, payment channels and authorized payment methods are handled according to the actual transaction records. Separately negotiated enterprise orders must set out recurring fees, one-time fees and overage usage fees separately; enterprise bills payable after invoicing must be paid within thirty days of the invoice date. Disputes over an enterprise bill must be raised within ten days of receiving the bill, with the necessary explanation; the parties will review the disputed portion, and the undisputed portion must still be paid on schedule; this time limit does not exclude rights provided by law. Self-service subscriptions still require payment in advance as agreed in their order.

7. Taxes, Payment Fees, and Refunds

Unless the order expressly states that taxes are included, the customer bears the taxes lawfully applicable to its transactions, while AXVIA bears income tax on its own income. Each party bears the fees charged by its own bank; other payment channel fees are governed by the terms shown to and confirmed by the user at the time of the transaction. Refunds and final settlement are handled according to the applicable order, the terms expressly stated at the time of the transaction and applicable law. Refunds or other remedies to which users are entitled under law are not limited by these terms.

8. Traffic Metering and Resource Periods

Billable usage is calculated by adding the upload and download traffic newly generated from the Gateway to the first peer hop; both single-hop and double-hop connections count only once, and subsequent relay hops do not add further billable usage. Connector target access statistics are used for egress analysis. Gateway and Connector resource subscriptions each record their own service periods, while traffic plans separately record their period, quota and usage; Relay has no separate subscription. Monthly renewals continue the new period from the expiration time of the current period, and fees are governed by the corresponding order and console records.

9. Automatic Renewal and Cancellation

Automatic renewal of Gateway and Connector uses the account balance linked to the relevant subscription or an authorized and available Stripe payment method. Renewal attempts begin sixteen hours before expiry, and renewal records show progress and results. Insufficient balance or payment authorization problems may cause renewal to fail. After automatic renewal is turned off, the current paid period remains valid and nodes are not destroyed immediately; to continue using the service, you can turn it back on and resolve the payment issue. Standard self-service subscriptions are provided per confirmed service period, with no separately agreed long-term minimum usage term or early termination fee.

10. Fee Adjustments

The current paid self-service subscription period is billed at the confirmed price. If the price changes for a subsequent period, AXVIA will provide reasonable advance notice of the new price before the first automatic renewal charge attempt, leaving time to understand the change and turn off automatic renewal. Users who wish to avoid the next automatic charge should turn off automatic renewal before that charge attempt; because renewal attempts begin sixteen hours before the current period expires, turning it off only just before expiry may not prevent a charge that has already been completed. Periods that have been renewed and paid for, and the corresponding refund requests, are handled according to the transaction agreement and applicable law. Separately negotiated enterprise services are billed at the order price for the current agreed term; any price adjustment after the term must be notified sixty days in advance and, unless the order expressly provides otherwise, may occur at most once per year and by no more than five percent. Enterprise pricing arrangements do not change the monthly cycle of self-service subscriptions.

11. Service Operation and Maintenance

AXVIA will provide and maintain the service with reasonable professional care. Operation depends on devices, nodes, supplier networks, and target services, and firmware upgrades, purpose changes, and recovery may interrupt related connections. Planned maintenance will be reasonably notified in advance where feasible; emergency maintenance may be carried out immediately, with supplementary explanation where feasible. Locked node versions or existing maintenance tasks may restrict certain operations. If the egress specified by node rules, the default Relay of a Gateway in direct mode, or the Cloud Pulse bound to a terminal is unavailable, the related access will be blocked.

12. Service Conditions and SLA

To the extent permitted by applicable law, the service is provided in its actual available state. AXVIA does not warrant unconditional, uninterrupted availability or fitness for all specific purposes. Service availability metrics, service compensation, and measurement methods apply only when expressly agreed in an applicable order or dedicated SLA; these terms themselves do not promise any availability percentage. Warranties, obligations, and remedies that cannot be excluded by law continue to apply.

13. Confidentiality and Necessary Processing

Each party shall take reasonable protective measures for the other party's materials learned through the service that are marked confidential or that should reasonably be considered confidential by their nature, use them only to perform the agreement, and limit access to personnel and service providers who genuinely need it and are subject to corresponding confidentiality obligations. Materials that are lawfully public, lawfully known before receipt, independently developed, or lawfully obtained from a third party are not subject to this restriction. In the event of legally required disclosure, the other party shall be notified promptly to the extent permitted by law and the disclosure limited to what is necessary. Confidentiality obligations continue for three years after service termination; personal data, credentials, and materials that must continue to be protected under applicable law are handled according to their applicable requirements and are not automatically permitted to be disclosed when that three-year period ends.

14. Data Protection and Security Incidents

The purposes, scope, recipients, and request methods for personal data processing are set out in the Privacy Policy. AXVIA may have necessary service providers process the data required to provide the service according to their responsibilities and will take protective measures appropriate to the nature of the data and the risks. After confirming a security incident involving service or customer data, affected customers will be notified in accordance with applicable law and agreed requirements, and necessary information that may be disclosed and assistance will be provided. Support attachments should have passwords, private keys, and personal data unrelated to the problem removed. Network security, connection, and traffic records do not amount to continuous review of all communication content.

15. Security Restrictions and Reviews

For ongoing abuse, network damage, serious security risks, or legally enforceable orders, AXVIA may immediately take necessary restrictions proportionate to the risk, targeting the affected accounts, sources, or resources first. Where legal and security conditions permit, the reasons and the measures users can take will be explained; users may request review through Help and Support in the customer console. Restrictions, investigations, and related record handling also follow the Acceptable Use Policy and Privacy Policy.

16. Breach and Service Termination

If either party commits a material breach, the other party may give written notice and allow a thirty-day cure period; if the breach is not cured within that period, the affected services may be terminated. Ongoing harm, legal orders and urgent security restrictions remain subject to the provisions set out above. Standard self-service subscriptions may be cancelled through the console to disable automatic renewal and will terminate after the end of the paid period. Minimum terms and early termination fees for enterprise services apply only when expressly agreed in a separately accepted order, and fees already incurred and amounts lawfully refundable after termination are settled in accordance with the relevant transaction terms.

17. Node Removal and Customer Infrastructure

Deleting a hosted Gateway destroys its cloud instance and associated Relay. Before deleting a hosted Connector, you should first remove the associated Relay. Before deleting a BYOG or BYOC node, you should also remove the associated Relay; the platform revokes the Agent credentials and releases management, while the customer's server is retained and will not be deleted or reinstalled by the platform's removal operation. Disabling automatic renewal and deleting a node are two different operations. Users should save any configuration and materials they need before removal or exit; the handling of transaction, audit and support records is described in the Privacy Policy.

18. Intellectual Property

Rights relating to the AXVIA name, logo, website content and software are held by the respective rights holders, and third-party components are used under their licenses. Customer materials and their pre-existing intellectual property remain the property of the respective rights holders; processing required to provide the services does not transfer ownership. These terms do not grant any right to misuse the logo, make unauthorized copies or disrupt the services.

19. Limitation of Liability and Reservation of Rights

To the extent permitted by applicable law, neither party is liable for indirect or consequential loss, loss of profit or loss of goodwill; the aggregate liability of either party in respect of the affected services is capped at the fees paid or payable for that service in the twelve months preceding the event giving rise to the claim. This exclusion and cap do not apply to liability that cannot be limited by law, fraud, wilful misconduct, gross negligence or indemnity obligations expressly applicable under the transaction documents. Payment obligations and consumer or other statutory rights that cannot lawfully be waived are not excluded or limited by these terms.

20. Third-Party Claims and Indemnification Procedure

Indemnity obligations arise only where required by applicable law or specifically agreed in the transaction documents expressly accepted by both parties. Where an indemnity arrangement applies, the indemnified party shall promptly notify the third-party claim, provide assistance to a reasonable extent, and allow the indemnifying party to assume responsibility for the defence as agreed; delayed notice affects liability only to the extent it causes actual prejudice. No settlement may be made that requires the indemnified party to admit liability, assume an unindemnified obligation or affect its rights without the indemnified party's written consent.

21. Force Majeure

For events beyond reasonable control that cannot be avoided by reasonable measures, each party shall, to the extent affected, discharge its performance obligations in accordance with applicable law and the transaction terms, and shall promptly explain the impact, take reasonable mitigation measures and resume performance. Force majeure does not automatically release payment obligations already incurred before the event, nor does it remove any right of exit or remedy available under law.

22. Assignment, Notices and Agreed Form

Neither party may assign its rights and obligations under these terms without the other party's consent, except that it may assign to an affiliate or to an entity that succeeds to the business as a result of a merger or reorganization, provided it notifies the other party and the assignee assumes the relevant obligations; rights protected by law must not be diminished as a result. Contractual and legal notices shall be sent in a retainable written form to the contact channels confirmed by both parties; AXVIA's legal contact email is [email protected]. Electronic signatures and retainable electronic confirmations may serve as agreed records. If any individual provision is invalid, the remaining provisions remain effective to the extent they can continue to apply under law.

23. Updates to the Terms

AXVIA will publish the updated content and the applicable date, and will provide reasonable notice of material changes through the confirmed account contact channels or the console, and obtain acceptance or consent where required by applicable law or the transaction arrangement. Changes do not retroactively alter the fees of completed transactions; separately negotiated enterprise orders must be amended in writing in accordance with their amendment procedure. Users may raise questions via the legal email and decide whether to renew in accordance with the applicable subscription arrangement.

24. Governing Law and Disputes

These terms are governed by the laws of Hong Kong, without affecting mandatory protections provided by law. Disputes may first be submitted through customer console support or to [email protected], and the parties will cooperate reasonably in review and negotiation; if unresolved, either party may seek relief from a court of competent jurisdiction in accordance with law. Where a separately negotiated enterprise order expressly provides for a dispute procedure, it applies to the extent valid under law.

Additional notes

Exit implementation arrangements

The data export process, post-termination handling procedures and related execution timelines will be supplemented after verification; the Privacy Policy also applies to personal data processing.