Privacy Policy

These Terms and Conditions ("Terms") govern the use of cloud services ("Services") provided by GCX KCloud Co., Ltd. ("GCX KCloud," "we," "our," or "us"). By using our Services, you agree to be bound by these Terms, as well as any applicable Order Forms, Service Level Agreements (SLAs), and our Privacy Policy.

If you do not agree with these Terms, you must not use our Services.

• You must be at least 18 years old or otherwise legally able to enter into binding contracts under applicable law.
• You agree to provide accurate, complete, and current information when registering for our Services and to update such information as necessary.
• You are responsible for maintaining the confidentiality and security of your account credentials, including usernames, passwords, API keys, and any other authentication mechanisms.
• You are fully responsible for all activities that occur under your account. If you suspect unauthorized access or use of your account, you must notify GCX KCloud immediately.

You agree not to use GCX KCloud Services to:

• Violate any applicable law or regulation (including but not limited to data protection, copyright, export control, and telecommunications laws).
• Host, transmit, or store unlawful, harmful, defamatory, obscene, offensive, or otherwise objectionable content.
• Launch, facilitate, or participate in Distributed Denial of Service (DDoS) attacks or any activity aimed at disrupting, degrading, or impairing networks or systems.
• Mine cryptocurrency or perform other resource-intensive activities without prior written authorization from GCX KCloud.
• Infringe or misappropriate intellectual property rights, including copyright, trademarks, patents, and trade secrets.
• Distribute malware, viruses, worms, trojans, spyware, or other malicious code.
• Engage in phishing, fraud, spam, or any deceptive practices.
• Attempt to gain unauthorized access to any system, network, or data, whether belonging to GCX KCloud or any third party.

GCX KCloud reserves the right, at its sole discretion, to suspend or terminate accounts and Services for any violations of this AUP or suspected abusive behavior, with or without prior notice.

• If you provide GCX KCloud Services to third parties ("End Users"), whether as a reseller, service provider, or otherwise, you are solely responsible for their use of the Services and their compliance with these Terms and the AUP.
• You must not represent yourself as GCX KCloud or imply that you are an agent, partner, or affiliate of GCX KCloud without our prior written authorization.
• You must ensure that your End Users do not misuse the Services or violate any applicable laws or regulations.
• GCX KCloud is not responsible for any third-party access you authorize, including any damages or disputes arising between you and your End Users.
• Any violation of these Terms or applicable laws by your End Users will be deemed a violation by you.

GCX KCloud reserves the right, at its sole discretion, to suspend or terminate accounts and Services for any violations of this AUP or suspected abusive behavior, with or without prior notice.

• Services are billed monthly in Cambodian Riel (KHR) or United States Dollars (USD), as specified in your Order or invoice.
• Unless otherwise specified, payments are due within ten (10) days of the invoice date.
• You are responsible for all applicable taxes, duties, and governmental charges related to your purchase and use of the Services, excluding GCX KCloud’s income taxes.
• If you fail to pay any invoice by the due date, GCX KCloud reserves the right to:
  • Charge late fees or interest as permitted by applicable law.
  • Suspend or restrict access to the Services.
  • Terminate the Services and this Agreement for persistent non-payment.
• All fees are non-refundable unless expressly stated otherwise in a written agreement.

• GCX KCloud acts as a data processor (or equivalent term under applicable law) for personal data that you upload to or process through our Services, where you act as the data controller.
• GCX KCloud will:
  • Process personal data only on your documented instructions, unless otherwise required by law.
  • Implement appropriate technical and organizational security measures to protect personal data.
  • Notify you of any personal data breach without undue delay after becoming aware of it.

A separate Data Processing Agreement may be executed between you and GCX KCloud. Where applicable, such DPA is incorporated by reference into these Terms and will govern the processing of personal data.

7.1 Overview

GCX KCloud is committed to protecting the personal data of customers, users, and website visitors in accordance with applicable Cambodian laws and international best practices.

7.2 Information Collected

GCX KCloud may collect the following categories of personal data:

• Account and contact information (such as name, company name, email address, phone number).
• Billing and payment details (such as billing address and transaction information).
• Technical and usage data (including IP addresses, device identifiers, access logs, browser information, and usage statistics).
• Support communications and related information submitted via support tickets, email, or phone.

GCX KCloud does not access customer workload data (such as application data, customer databases, or file contents) except where required for support, security, troubleshooting, or legal compliance.

7.3 Purpose of Processing

Personal data is processed for the following purposes:

• Service provisioning, account setup, and account management.
• Billing, invoicing, and payment processing.
• Customer support, incident response, and troubleshooting.
• Security monitoring, threat detection, and fraud prevention.
• Service improvement, analytics, and performance optimization.
• Legal, regulatory, and compliance obligations.

7.4 Data Storage and Location

Data is stored in secure facilities located within the Kingdom of Cambodia, unless otherwise agreed in writing or required by law. GCX KCloud uses physical, technical, and administrative safeguards to protect data stored in our infrastructure.

7.5 Data Sharing

Personal data may be shared with:

• Authorized GCX KCloud employees and contractors who need access to such data to perform their duties and are bound by confidentiality obligations.
• Third-party payment processors and service providers who assist in delivering the Services, subject to appropriate data protection and confidentiality obligations.
• Government authorities, regulators, or law enforcement agencies where disclosure is required by applicable law, regulation, or legal process.

GCX KCloud does not sell personal data.

7.6 Data Retention

Personal data is retained only for as long as necessary to fulfill the operational purposes outlined above or to comply with legal, regulatory, or contractual obligations. After the applicable retention period, personal data will be deleted or anonymized.

7.7 Data Subject Rights

Subject to applicable law, individuals may have the right to request:

• Access to their personal data.
• Correction or updating of inaccurate personal data.
• Deletion of personal data ("right to be forgotten").
• Restriction or objection to certain types of processing.
• Data portability, where technically feasible.

Requests can be submitted by contacting:

• Email: kcloud@gcxasia.com.kh
• Phone: +855 93 222 367

7.8 Security Measures

GCX KCloud implements administrative, technical, and physical safeguards designed to protect personal data from unauthorized access, alteration, disclosure, or destruction. These measures may include access controls, encryption, network security controls, monitoring, and regular security assessments.

7.9 Cookies

GCX KCloud websites use cookies and similar technologies to:

• Enable core website functionality.
• Improve user experience and personalization.
• Analyze usage patterns and website performance.

Users may manage cookie preferences through their browser settings. Disabling certain cookies may affect website functionality.

The Customer is solely responsible for:

• Configuration, management, and security of cloud resources (such as virtual machines, storage, networks, and applications) provisioned in their account.
• Maintaining access controls, credentials, authentication methods, and encryption keys.
• Implementing appropriate backup, disaster recovery, and data retention strategies consistent with their business and compliance requirements.
• Ensuring that operating systems, applications, and third-party software are securely configured, patched, and updated.
• Ensuring that any data uploaded, processed, or stored in the Services is lawfully obtained and processed.

GCX KCloud does not guarantee data integrity, availability, or recovery unless expressly agreed in a separate written agreement (such as a specific Backup or Disaster Recovery service).

GCX KCloud shall not be liable for data loss, unauthorized access, or service disruption caused by Customer misconfiguration, negligence, or failure to follow security best practices or GCX KCloud guidance.

All data, content, and applications uploaded, stored, or transmitted through the Services ("Customer Content") remain the sole responsibility and property of the Customer (or its licensors).

• GCX KCloud does not monitor Customer Content and does not assume any responsibility or liability arising from such content.
• You represent and warrant that you have all necessary rights, licenses, and permissions to use, store, and process Customer Content through the Services.
• GCX KCloud may, at its sole discretion, suspend or terminate Services if Customer Content is found or alleged to:
  • Violate applicable law or regulation.
  • Infringe or misappropriate third-party rights (Breach these Terms or the AUP.)

• GCX KCloud retains all rights, title, and interest in and to the Services, including all related software, hardware, documentation, designs, trademarks, logos, and other intellectual property, whether registered or unregistered.
• You are granted a limited, non-exclusive, non-transferable, revocable right to access and use the Services in accordance with these Terms and any applicable Order Forms, solely for your internal business purposes.
• You may not copy, modify, translate, adapt, create derivative works of, reverse-engineer, decompile, disassemble, or attempt to derive the source code of any part of the Services, except as expressly permitted by applicable law that cannot be waived or by GCX KCloud in writing.
• Any suggestions, feedback, or recommendations you provide regarding the Services ("Feedback") may be used by GCX KCloud without restriction, obligation, or compensation. You hereby grant GCX KCloud a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such Feedback into our Services

The Services are provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, GCX KCloud disclaims all warranties, express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Without limiting the foregoing, GCX KCloud does not warrant that:

• The Services will be uninterrupted, error-free, secure, or free from vulnerabilities.
• The Services will meet your specific requirements, performance needs, or expectations.
• Any data stored or processed using the Services will be free from loss, corruption, or unauthorized access, except as expressly stated in a separate written agreement.

No information or advice obtained from GCX or through the Services shall create any warranty not expressly stated in these Terms.

To the maximum extent permitted by law:

• GCX KCloud shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business interruption, whether based on contract, tort (including negligence), strict liability, or any other theory, even if GCX KCloud has been advised of the possibility of such damages.
• GCX KCloud’s total aggregate liability arising out of or relating to the Services or these Terms shall be limited to the total amount paid by you to GCX KCloud for the Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms shall limit or exclude liability for death or personal injury caused by gross negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

GCX KCloud may suspend or terminate your access to the Services, in whole or in part, with or without prior notice, if:

• You violate these Terms, the AUP, or any applicable law or regulation.
• You fail to pay amounts due within the specified payment period.
• Your use of the Services poses a security risk, may cause harm to GCX KCloud’s systems or reputation, or may subject GCX KCloud to legal liability.
• GCX KCloud is required to do so by law, regulation, or governmental authority.

You may terminate your use of the Services by following the cancellation procedures communicated by GCX KCloud or as specified in your Order.

13.1 Data Post-Termination

Upon termination or expiration of this Agreement for any reason:

• Your right to access or use the Services immediately ceases.
• You are solely responsible for retrieving Your Data and Customer Content prior to termination.
• GCX KCloud may, but is not obligated to, retain Your Data and Customer Content for a grace period of thirty (30) days following termination (the "Retention Period") for purposes such as account recovery or settlement of outstanding amounts.
• After the Retention Period, GCX KCloud will have no obligation to maintain, store, or provide any of Your Data or Customer Content and will delete such data from our systems or otherwise in our possession or control, unless retention is legally required.

GCX KCloud shall not be liable for any loss of data or content arising from termination or deletion in accordance with this Section.

You represent, warrant, and agree that:

• You will comply with all applicable export control, re-export, and sanctions laws and regulations of Cambodia and any other relevant jurisdiction.
• You will not use the Services for any purpose prohibited under such laws and regulations, including but not limited to the development, design, manufacture, or production of nuclear, missile, or chemical/biological weapons.
• You are not, and will not provide access to the Services to, any individual or entity that is the subject of applicable sanctions or located in a country or region subject to comprehensive sanctions, embargoes, or trade restrictions, unless expressly permitted by law and GCX KCloud.

GCX KCloud may suspend or terminate the Services where required to comply with applicable export control or sanctions laws.

GCX KCloud shall not be liable for any failure or delay in performance of its obligations under these Terms caused by circumstances beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather events.
• War, terrorism, civil unrest, or armed conflict.
• Labor disputes, strikes, or industrial actions.
• Epidemics, pandemics, or public health emergencies.
• Government actions, regulations, or restrictions.
• Power failures, telecommunications or internet service interruptions, or failures of third-party hosting providers.

In such events, GCX KCloud’s obligations will be suspended for the duration of the force majeure event and for a reasonable period thereafter to allow for recovery.

• These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Cambodia, without regard to its conflict of law principles.
• Any disputes, controversies, or claims arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in Phnom Penh, Cambodia, in accordance with the applicable arbitration rules then in effect.
• The language of arbitration shall be English, unless otherwise agreed by the parties.
• Each party shall bear its own costs and expenses of arbitration, unless the arbitral tribunal decides otherwise.

• GCX KCloud will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week.
• Unless explicitly stated in a separate Service Level Agreement ("SLA") subscribed to by you, GCX KCloud does not guarantee specific uptime percentages or response times.
• If you have entered a separate SLA with GCX KCloud, the terms of that SLA will define the applicable service levels, credits, and remedies in case of service interruptions.

Maintenance

GCX KCloud reserves the right to suspend or limit access to the Services for scheduled or emergency maintenance, upgrades, or security updates. GCX KCloud will endeavor to provide reasonable advance notice of scheduled maintenance that may materially affect service availability.

Scope of Support

• Basic support is provided for issues related to the availability and functioning of the GCX KCloud infrastructure, including power, cooling, physical hardware, and core network connectivity.
• Unless you have purchased a specific Managed Services or premium support package, GCX KCloud support does not include:
  • Configuration, management, or troubleshooting of your operating systems, applications, databases, or custom code.
  • Performance tuning or optimization of your workloads.
  • Support for third-party software not provided by GCX KCloud.

Additional or enhanced support services may be available under separate agreements.

18.1 Definition

"Confidential Information" means all non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party"), whether orally, in writing, or in any other form, that is designated as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

• GCX KCloud will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week.
• Unless explicitly stated in a separate Service Level Agreement ("SLA") subscribed to by you, GCX KCloud does not guarantee specific uptime percentages or response times.
• If you have entered a separate SLA with GCX KCloud, the terms of that SLA will define the applicable service levels, credits, and remedies in case of service interruptions.

Confidential Information includes, without limitation:

• Business and marketing plans, financial information, pricing, product roadmaps.
• Technical information, system designs, architectures, configurations, APIs, and documentation.
• Customer lists, vendor information, and internal processes.
• Any information relating to security practices or incident reports.

Confidential Information does not include information that:

• Becomes generally known to the public without breach of any obligation owed to the Disclosing Party.
• Was lawfully known to the Receiving Party before disclosure by the Disclosing Party.
• Is received by the Receiving Party from a third party without breach of any confidentiality obligation.
• Is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.

18.2 Obligations

The Receiving Party agrees to:

• Use the Disclosing Party’s Confidential Information solely for the purpose of performing its obligations or exercising its rights under these Terms;
• Take reasonable measures to protect the confidentiality of such information, which shall be at least as protective as the measures it uses to protect its own similar confidential information;
• Not disclose Confidential Information to any third party, except to employees, contractors, or professional advisors who need to know such information for the purposes of these Terms and who are bound by confidentiality obligations no less protective than those set forth herein.

18.3 Compelled Disclosure

The Receiving Party may disclose Confidential Information to the extent required by law, regulation, or court order, provided that (where legally permitted) it gives the Disclosing Party prompt notice of the request and cooperates reasonably (at the Disclosing Party's expense) with any efforts to contest or limit the disclosure.

The obligations of confidentiality will survive termination or expiration of these Terms for a period of at least three (3) years, or for such longer period as required by applicable law with respect to certain categories of information.

19.1 Term

The initial term of this Agreement shall commence on the date you first sign up for or start using the Services (or the date specified in your Order Form) and will continue for the period specified in your Order (e.g., one (1) month, one (1) year), unless terminated earlier in accordance with these Terms.

19.2 Auto-Renewal

Unless otherwise specified in your Order Form or agreed in writing:

• The Services will automatically renew for successive periods equal to the initial term (each, a "Renewal Term").
• Either party may choose not to renew by providing written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

19.3 Rate change

GCX KCloud reserves the right to change the fees for the Services effective at the beginning of any Renewal Term, provided that:

• GCX KCloud gives you at least thirty (30) days’ prior notice of the new fees; and
• You may choose not to renew if you do not agree with the updated pricing.

Continued use of the Services into the Renewal Term after the effective date of any fee change constitutes your acceptance of the new fees.

20.1 Assignment

You may not assign, transfer, or delegate this Agreement, in whole or in part, or any of your rights or obligations hereunder, without the prior written consent of GCX KCloud. Any attempted assignment in violation of this Section shall be null and void.

GCX KCloud may assign or transfer this Agreement, in whole or in part:

• To any affiliate.
• In connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets; or
• As part of a financing or similar transaction.

This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

20.2 severability

If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

20.3 Waiver

No failure or delay by GCX KCloud in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy. Any waiver must be in writing and signed by an authorized representative of GCX KCloud to be effective.

Continued use of the Services into the Renewal Term after the effective date of any fee change constitutes your acceptance of the new fees.

20.4 Entire Agreement

These Terms, together with any applicable Order Forms, SLAs, the Privacy Policy, DPA, and any other referenced documents, constitute the entire agreement between you and GCX KCloud regarding the Services and supersede all prior or contemporaneous agreements, proposals, understandings, and communications, whether written or oral, relating to the subject matter here of.

20.5 Relationship of the Parties

The parties are independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and GCX KCloud. Neither party has authority to bind the other in any way.

20.6 Notices

Notices required or permitted under these Terms shall be in writing and shall be deemed given:

• When delivered personally.
• When sent by confirmed email to the addresses provided by each party; or
• Three (3) business days after being sent by registered or certified mail, postage prepaid, to the registered address of the party.

You are responsible for ensuring that your contact details and email address are current and accurate.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless GCX KCloud, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees and costs) arising from or relating to:

GCX KCloud may assign or transfer this Agreement, in whole or in part:

• Your use of the Services in violation of these Terms, the AUP, or applicable law.
• Any Customer Content, data, or materials you upload, store, or transmit via the Services, including claims that such content infringes, misappropriates, or otherwise violates any third-party intellectual property rights, privacy rights, or other proprietary rights.
• Your gross negligence, willful misconduct, or fraud.
• Any claims by your End Users or other third parties arising out of or related to your provision of the Services to them.

GCX KCloud will provide you with prompt written notice of any such claim and will reasonably cooperate (at your expense) in the defense and settlement of the claim. You shall have sole control over the defense and settlement of the claim, if you may not settle any claim that imposes any obligation, admission of liability, or restriction on GCX KCloud without GCX KCloud’s prior written consent.

GCX KCloud may update or modify these Terms from time to time. When we make material changes, we will:

• Update the "Last updated" date at the top of these Terms; and
• Provide notice by email, through the Services, or by other reasonable means.

Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using the Services.

For questions, concerns, or requests related to these Terms or the Services, please contact:

Global Cloud Exchange Co., Ltd.

Email: kcloud@gcx.com.kh

Phone Number: +855 93 222 637

Address: No. 19, Street 90, Sangkat Sras Chork, Khan Daun Penh, Phnom Penh, Cambodia