Terms and Conditions

IMPORTANT NOTICE

The Everest C1 is currently under active development. All marketing claims, performance specifications, feature descriptions, benchmarks, prices, and delivery timelines should be treated as preliminary and subject to change. No representations made in promotional materials, presentations, social media, or other communications constitute binding commitments until the Product reaches production and final specifications are confirmed. You acknowledge that actual performance, capabilities, and availability may differ materially from any projections or claims made during the development phase.

1.1 By placing a pre-order for the Everest C1 ARM64 server board (the "C1" or the "Product"), you enter into a binding agreement with Everest Computer Inc. ("Everest," "we," "us," or "our"). These Terms and Conditions (the "Terms") govern your pre-order and any subsequent purchase of the Product.

1.2 By completing the online pre-order process (for example, by clicking a button labeled "Pre-Order," "Place Order," or similar), you confirm that you have read, understood, and agree to be bound by these Terms.

1.3 If you are placing a pre-order on behalf of a company or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms and that all references to "you" and "customer" apply to that entity.

2.1 The C1 is an ARM64 server board currently planned to include, among other elements, the following key components:

• 2.1a NVIDIA RTX Spark N1 or N1x APU
• 2.1b Dual Ethernet, 1x10G for the C1 and 1x1G for its BMC
• 2.1c Between 32 and 128GB LPDDR5X-8533 unified memory
• 2.1d BMC Wi-Fi board
• 2.1e PCIe 5.0 x8 interconnect
• 2.1f Dual USB-C 3.1 for IO/data transfer up to 10Gbps
• 2.1g Dual redundant USB-C power inputs
• 2.1h IPMI 2.0-compliant BMC with REST API

2.2 The Product is in active development. Specifications may be updated for engineering reasons, performance improvements, or component availability, provided that the overall functionality for typical, intended use cases remains substantially in line with the Product's positioning.

2.3 If Everest implements a change that materially reduces core capabilities or fundamentally alters the intended use of the Product for typical workloads, Everest will notify affected pre-order customers and outline any options that may be made available at that time.

3.1 A 1% deposit of the total retail price (the "Purchase Price") is required to secure your pre-order. The Purchase Price is provided at the time of ordering and is subject to change. Orders placed before any price change are not affected by retroactive price adjustments.

3.2 Payment of Deposit: The deposit will be charged upon placing your pre-order. The remaining balance (99% of the Purchase Price) will be due prior to shipment. You will receive an invoice with the final balance amount and payment deadline.

3.3 Payment of Balance: We will notify you via email at least seventy-two (72) hours before the balance payment is due. Failure to pay the balance by the specified deadline may result in cancellation of your order and forfeiture of your deposit, subject to Section 5.

3.4 Refund of Deposit: Pre-order deposits are refundable. To request a refund, please email [email protected]. Deposits will be refunded in full if the request is made before the product is shipped. Once the product has shipped, the return policy in Section 5 applies.

3.5 Discounts and Invoicing: Any discounts offered (including volume/bulk order discounts) are conditional. If you do not pay the balance invoice within 30 days of the date of issue, all discounts applied to that order will be voided and the order will be charged at the standard Purchase Price without any discount.

3.6 International Taxes: For international orders, you are solely responsible for any import duties, taxes, customs fees, brokerage fees, and similar charges imposed by the destination jurisdiction.

3.7 Scope of Payment: The payment you are making is for the product and delivery only. Other fees may be incurred for additional services not explicitly included in the Purchase Price.

3.8 Sales Tax Determination: If your country or region applies varying sales taxes based on location and we cannot definitively determine your location from your address, you will be charged the highest applicable sales tax rate in the jurisdiction, and the difference will be refunded upon your request and verification of your specific tax jurisdiction.

4.1 Pre-orders placed on or before May 1, 2026 are estimated to be delivered by December 31, 2027. Pre-orders placed after May 1, 2026 may be delivered after December 31, 2027. All delivery dates are estimates and subject to change.

4.2 The delivery date is an estimate only and may be changed at any time due to supply chain conditions, manufacturing yields, shipping delays, or other factors. You acknowledge that the date may change, and while we will strive to meet this timeline, Everest is not liable for delays associated with development and manufacturing.

4.3 Everest will use commercially reasonable efforts to keep you informed about material updates to the production and delivery schedule, including by email and via community channels such as Everest's Discord server.

5.1 Cancellation by Customer: You may cancel your pre-order at any time prior to shipment. Pre-order deposits are refundable. To cancel and request a refund, email [email protected]. Your allocation will be released to the next customer in the queue.

5.2 180 Day Money Back Guarantee: The 180-day money-back guarantee will be honored if products are returned unused in their original packaging after delivery.

5.3 If a return is accepted by Everest under this guarantee:

• 5.3a Everest will refund the Purchase Price actually paid for the returned unit(s).
• 5.3b Buyer covers shipping costs for the return.
• 5.3c You are responsible for any risk of loss or damage during transit for returned items.

6.1 Each C1 unit includes the following coverage:

• 6.1a Five Year Warranty: A limited hardware warranty of five (5) years from the date of delivery. This warranty covers defects in materials and workmanship under normal use. This does not affect your statutory rights under applicable consumer laws.
• 6.1b Any applicable component-level warranties provided by third-party manufacturers are passed through to you where possible.
• 6.1c Access to community-based technical support (e.g., via Everest's Discord server).
• 6.1d Access to BMC and boot firmware updates made generally available by Everest during the warranty period.

6.2 To the extent permitted by law, Everest's exclusive obligation under the limited hardware warranty is, at Everest's sole discretion, to repair the unit, replace it with a new or refurbished unit, or refund the Purchase Price actually paid for that unit.

7.1 The operating system pre-installed or included with the C1 will be determined at a later date. The Product is designed to work with any ARM64-compatible operating systems.

7.2 You are solely responsible for complying with any software licenses required for your chosen operating systems and applications. Everest makes no warranty regarding the compatibility of specific software titles.

7.3 Software License Acknowledgement: You acknowledge that you do not own any license to use, distribute, copy, or exploit any software, firmware, or related materials on or used with the C1 unless explicitly granted by Everest or the relevant third-party licensor. You agree not to use the C1 to run or distribute software in violation of any license agreement or applicable law.

8.1 You acknowledge that the C1 is not for use in any unlawful activity, including but not limited to terrorism, cybercrime, hacking, or any act that threatens national security or public safety.

8.2 Pre-Order Risks: By placing a pre-order, you acknowledge that you are supporting a product that is still in development and that certain risks are inherent in that process, including Development Risk, Delivery Risk, and Performance Risk. You agree that Everest shall not be liable for any incidental or consequential damages arising from delays in delivery or changes in specifications required by engineering constraints.

9.1 Upon delivery and full payment of the applicable Purchase Price, you acquire ownership of the physical C1 hardware unit.

9.2 All intellectual property rights, including but not limited to firmware, software, designs, schematics, trademarks, and documentation, remain the sole property of Everest and/or its licensors. You agree not to reverse engineer, decompile, or disassemble any software or firmware provided with the Product, except to the extent such restriction is expressly prohibited by applicable law.

10.1 The Product, related technology, and software may be subject to United States export control laws and regulations, as well as the laws of the country where it is delivered or used.

10.2 By placing a pre-order, you represent and warrant that you are not located in a sanctioned country, are not on a restricted party list, and will not use the Product for any prohibited end-use (including but not limited to nuclear, chemical, or biological weapons proliferation, or any use that supports terrorism or other unlawful activities).

11.1 To the fullest extent permitted by applicable law, in no event will Everest be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages (including loss of use, data, business, or profits) regardless of legal theory, even if Everest has been advised of the possibility of such damages.

11.2 Everest's total aggregate liability for any claim arising out of or relating to these Terms or the Product shall not exceed the total amounts actually paid by you to Everest for the specific Product giving rise to the claim.

12.1 Pre-Action Requirement: Except where prohibited by law, before bringing any legal action or proceeding in court, you must first submit any dispute to Everest in writing and allow Everest a reasonable period of 30 days to attempt to resolve the dispute through negotiation or informal arbitration.

12.2 Arbitration: Except where prohibited by applicable law, any dispute arising out of or relating to these Terms or the Product shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, rather than in court.

13.1 These Terms are governed by the laws of the State of Delaware, the United States of America.

14.1 Everest shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, or interruption or failure of electricity or telephone service.

15.1 Everest may update these Terms from time to time to reflect changes in our business, legal requirements, or product specifications. The "Last updated" date at the top of this page indicates when these Terms were last revised.

15.2 Binding Agreement: Modifications to these Terms will become effective upon posting. If you placed an order prior to a modification, you will remain bound by the Terms in effect at the time your order was placed, unless the updated Terms provide otherwise or are required by law. Continued use of our products and services after changes are posted constitutes your acceptance of the revised Terms.

16.1 If you have questions about your pre-order, technical specifications, or these Terms, Everest's team is available to assist:

• 16.1a Discord Community: https://discord.com/invite/qCwFd33r99
• 16.1b Email Support: [email protected]
• 16.1c Everest for Business: [email protected]
• 16.1d Everest for Education: [email protected]

17.1 By submitting your pre-order, you acknowledge that you have carefully reviewed these Terms, understand the risks associated with development-stage hardware, and agree to be bound by the obligations herein.