Terms of Service_

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Client") and Leviathan Systems, LLC, a Texas limited liability company with its principal place of business in Austin, Texas ("Leviathan Systems," "Company," "we," "us," or "our") concerning your access to and use of the website located at leviathansystems.co (the "Site") and all related content, resources, and services made available through the Site.

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must immediately discontinue use of the Site.

Leviathan Systems provides GPU infrastructure deployment services for AI-scale data centers across the United States. Our services include, but are not limited to:

• GPU rack assembly and integration, including DGX, HGX, GB200 NVL72, and GB300 NVL72 platform deployments
• Structured cabling and fiber installation, including OM4/OM5 multimode fiber, OS2 single-mode backbone, MPO/MTP trunking, DAC, AOC, and AEC interconnects
• Network testing and commissioning, including OTDR testing, insertion loss and return loss verification, copper certification, and full documentation with test reports and cable maps
• Liquid cooling integration, including CDU installation, rack-level manifold routing, quick-disconnect fittings, leak detection systems, and facility water loop coordination

All services are performed in accordance with applicable industry standards, including TIA-942 (Telecommunications Infrastructure Standard for Data Centers), BICSI (Building Industry Consulting Service International), and ANSI/TIA-568 (Commercial Building Telecommunications Cabling Standard).

Specific service terms, scope, deliverables, timelines, acceptance criteria, and pricing are defined exclusively in individual service agreements, statements of work ("SOW"), or master service agreements ("MSA") entered into with Clients. The Site provides general information about our capabilities and does not constitute a binding offer or commitment to perform services at any stated specification or price.

3.1 Permitted Use

You may access and use the Site solely for lawful purposes related to evaluating, engaging, or learning about our infrastructure deployment services. You agree not to:

• Use the Site in any way that violates applicable federal, state, or local laws or regulations
• Transmit any harmful, threatening, abusive, defamatory, or otherwise objectionable content
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Interfere with, disrupt, or attempt to gain unauthorized access to the Site, its servers, or any connected networks or systems
• Use automated systems, bots, scrapers, crawlers, or similar tools to extract, harvest, or index data from the Site without prior written authorization
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any portion of the Site
• Use the Site to compete with Leviathan Systems or to develop competing services or products
• Circumvent, disable, or otherwise interfere with any security-related features of the Site

3.2 Educational and Resource Content

The Site includes educational resources such as blog posts, glossary entries, GPU platform documentation, case studies, and technical guides ("Resource Content"). Resource Content is provided for general informational purposes only and does not constitute engineering advice, consulting services, or professional recommendations. You may reference Resource Content for personal, non-commercial educational purposes, provided that you attribute Leviathan Systems as the source and do not reproduce, republish, or distribute such content without prior written consent.

3.3 Information Accuracy

If you submit information through the Site, including but not limited to quote requests, contact forms, or project inquiries, you represent and warrant that all information provided is accurate, current, and complete. You agree to promptly update any information as necessary to maintain its accuracy.

All content on the Site, including but not limited to text, graphics, logos, images, diagrams, technical specifications, GPU platform documentation, glossary entries, case studies, blog posts, photographs, videos, and software, is the exclusive property of Leviathan Systems, LLC or its licensors and is protected by United States and international intellectual property laws, including copyright, trademark, and trade secret laws.

You may not:

• Copy, reproduce, modify, adapt, or distribute any Site content without prior written permission
• Use our trademarks, trade names, service marks, logos, or branding without express written authorization
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Create derivative works based on Site content
• Use Site content for competitive intelligence, benchmarking, or to develop competing services without authorization
• Frame, mirror, or systematically download any portion of the Site

"Leviathan Systems," the Leviathan Systems logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Leviathan Systems, LLC. You must not use such marks without our prior written permission. All other trademarks, including NVIDIA, DGX, HGX, NVLink, InfiniBand, and related product names, are the property of their respective owners and are used for identification purposes only.

These website Terms are separate from and do not govern any service agreements entered into for our professional infrastructure deployment services. Service engagements are governed exclusively by individual SOWs, MSAs, or other executed contracts that specify:

• Scope of services, project deliverables, and acceptance criteria
• Pricing, payment terms, invoicing schedules, and change order procedures
• Service levels, workmanship warranties, and performance standards
• Liability limitations, caps, and indemnification obligations
• Confidentiality, non-disclosure, and data handling requirements
• Insurance requirements, safety compliance, and site access protocols
• Termination provisions and dispute resolution procedures

Any warranties regarding workmanship quality, infrastructure performance, or service deliverables are provided solely through the applicable service agreement and not through these Terms or the Site. In the event of any conflict between these Terms and an executed service agreement, the service agreement shall control with respect to the services covered thereunder.

You acknowledge that in the course of engaging with Leviathan Systems, you may receive or have access to confidential and proprietary information relating to our business, methodologies, pricing structures, technical processes, deployment procedures, client relationships, or operational capabilities ("Confidential Information"). You agree to:

• Maintain the strict confidentiality of all Confidential Information
• Not disclose Confidential Information to any third party without our prior written consent
• Use Confidential Information solely for the purpose of evaluating or engaging our services
• Take reasonable measures to protect Confidential Information from unauthorized disclosure

This confidentiality obligation does not apply to information that: (a) is or becomes publicly available through no fault of yours; (b) was already known to you prior to disclosure, as demonstrated by written records; (c) is independently developed by you without reference to Confidential Information; or (d) is required to be disclosed by law, subpoena, or court order, provided you give prompt written notice to Leviathan Systems and cooperate in any effort to obtain protective treatment.

Where our services involve work at Client data center facilities or other physical locations:

• All access and conduct at such facilities shall be governed by the applicable service agreement and the facility operator's rules, policies, and security protocols
• Leviathan Systems personnel will comply with all applicable workplace safety regulations, including OSHA standards, and facility-specific safety requirements
• Leviathan Systems maintains commercially appropriate insurance coverage, including general liability and workers' compensation, as may be further specified in the applicable service agreement
• Nothing in these Terms grants any right to access any physical location operated by or on behalf of Leviathan Systems or its Clients

Clients are responsible for providing a safe working environment and timely access to facilities as specified in the applicable service agreement. Delays caused by facility access issues, security clearance processes, or environmental conditions beyond Leviathan Systems' reasonable control may affect project timelines.

GPU infrastructure, including certain NVIDIA hardware and related technologies, may be subject to U.S. export control laws and regulations, including the Export Administration Regulations ("EAR") administered by the Bureau of Industry and Security ("BIS") of the U.S. Department of Commerce. You represent and warrant that:

• You will comply with all applicable export control laws, sanctions, and regulations in connection with any services or information obtained through the Site or through engagement with Leviathan Systems
• You are not located in, organized under the laws of, or a resident of any country or territory subject to comprehensive U.S. sanctions
• You are not listed on any U.S. government restricted party list, including the Denied Persons List, Entity List, or Specially Designated Nationals List
• You will not use, export, re-export, or transfer any services, equipment, or technical information in violation of applicable export control laws

Leviathan Systems reserves the right to decline or terminate any engagement where compliance with export control laws cannot be reasonably assured.

The Site and all content, materials, information, and services provided through the Site are provided on an "as is" and "as available" basis without any warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, Leviathan Systems disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the security, accuracy, reliability, completeness, or timeliness of Site content
• Warranties that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components
• Warranties regarding the suitability of any GPU platform, infrastructure configuration, or technical specification described on the Site for your particular requirements

Technical specifications, GPU platform information, deployment metrics, case studies, and project descriptions provided on the Site are for general informational purposes only and do not constitute engineering recommendations, performance guarantees, or binding commitments. Actual performance, timelines, and outcomes depend on project-specific factors defined in the applicable service agreement.

To the maximum extent permitted by applicable law, Leviathan Systems, its officers, directors, members, managers, employees, agents, affiliates, successors, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings, arising out of or related to your use of or inability to use the Site, regardless of the theory of liability (including contract, tort, strict liability, or otherwise), even if Leviathan Systems has been advised of the possibility of such damages.

Our total aggregate liability for any and all claims arising from or related to your use of the Site shall not exceed the greater of: (a) the amount paid by you, if any, for accessing the Site during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred United States dollars ($100.00).

The limitations set forth in this section shall not apply to liability arising from gross negligence, willful misconduct, or fraud.

You agree to indemnify, defend, and hold harmless Leviathan Systems and its officers, directors, members, managers, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use of or access to the Site
• Your violation of these Terms or any applicable law, rule, or regulation
• Your violation of any third-party rights, including intellectual property rights
• Any content, information, or materials you submit through the Site
• Any misrepresentation made by you in connection with your use of the Site

The Site may contain links to third-party websites, including NVIDIA product pages, partner and vendor resources, social media platforms (such as LinkedIn, GitHub, and GitLab), industry publications, and other external sites. These links are provided for convenience and informational purposes only. Leviathan Systems does not endorse, control, or assume responsibility for the content, accuracy, privacy policies, or practices of any third-party sites. Your use of third-party websites is at your own risk and subject to those sites' respective terms and policies.

Leviathan Systems shall not be liable for any failure or delay in performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics or epidemics, government actions or orders, sanctions, trade restrictions, supply chain disruptions, semiconductor or hardware shortages, power outages, internet or telecommunications failures, cyberattacks, labor disputes, civil unrest, or acts of terrorism.

14.1 Informal Resolution

Before initiating any formal legal proceeding, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Site through good-faith negotiation for a period of thirty (30) days following written notice of the dispute sent to legal@leviathansystems.co.

14.2 Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiation, any unresolved dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Austin, Texas, before a single arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

You and Leviathan Systems agree that each party may bring claims against the other only in your or our individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or Confidential Information.

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. To the extent that any dispute is not subject to arbitration under Section 14, such dispute shall be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas.

We reserve the right to modify these Terms at any time at our sole discretion. Changes will be effective upon posting to the Site with an updated "Last Updated" date. It is your responsibility to review these Terms periodically. Your continued use of the Site following the posting of any changes constitutes your acceptance of the modified Terms. If you do not agree to any modified Terms, your sole remedy is to discontinue use of the Site.

If any provision of these Terms is found to be unenforceable, invalid, or illegal by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. The unenforceability of any provision shall not affect the enforceability of any other provision.

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between you and Leviathan Systems regarding your use of the Site and supersede all prior or contemporaneous agreements, communications, representations, and understandings regarding the same subject matter. No amendment or modification of these Terms shall be binding unless made in writing and signed by an authorized representative of Leviathan Systems, except as provided in Section 16.

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision of these Terms at any time shall not constitute a waiver of such right or provision.

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of Leviathan Systems. Leviathan Systems may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

For questions regarding these Terms of Service, please contact us at: