For Compliance with U.S. Export Administration Regulations (EAR)
Effective Date: 1st December 2025
The U.S. Government regulates the export, reexport, and transfer of certain advanced semiconductors, computing components, and associated technologies under the Export Administration Regulations (EAR). Certain advanced NVIDIA GPUs offered by Exoscale, including but not limited to B300 and RTX Pro 6000 Blackwell, are classified as controlled technologies (e.g., ECCN 3A090 or related categories). Classification is subject to the Commerce Control List and may vary; final classification determinations are made under 15 CFR Part 774, Supplement No.1, Category 3.
Providing remote access to such GPUs via cloud services constitutes an export under U.S. law, even when no physical product leaves the data center.
Acknowledgement by Client
By digitally accepting this document the Client acknowledges and agrees as follows:
1. Prohibited Destinations
Client shall not access or allow access to Exoscale GPU instances from, to, or within any country or territory listed under Country Group D:1, D:4, or D:5 of the EAR, or any successor list, as published by the U.S. Bureau of Industry and Security (BIS).
The current list is available here:
Client acknowledges that remote access from outside the United States, or by any foreign national, constitutes an “export” or “reexport” under EAR, even when no physical item leaves the data center.
Client further acknowledges that exports, reexports, transfers (in-country), and deemed exports are defined in 15 CFR Sections 734.13–734.15. Client shall not use VPNs, proxies, or other technical measures to circumvent geo-restrictions, and agrees that Exoscale may implement geo-blocking/IP controls to enforce these destination prohibitions.
2. Sanctioned Parties
Client shall not permit access to Exoscale GPU instances by any party:
- Listed on the U.S. Entity List, Denied Persons List, or any other export/sanctions list administered by the U.S. Government or EU authorities.
- Acting on behalf of, or majority-owned by, any such listed entity. Client shall conduct reasonable restricted-party screening of users, contractors, and beneficial owners and maintain auditable records of such screening.
3. Prohibited Uses
Client certifies that Exoscale GPU services will not be used:
- For the design, development, training, or operation of supercomputers, as regulated by EAR 15 CFR 734.9(h) in any restricted country.
- For military end-use or by military end-users, including armed forces, intelligence agencies, national security services, or police, without securing all necessary licenses.
- For any activities related to weapons of mass destruction, including nuclear, chemical, or biological weapons, or missile technology.
4. No Transfer Without Authorization
Client agrees not to transfer access credentials or resale rights for Exoscale GPU instances to any other party without prior written consent from Exoscale and compliance with EAR licensing requirements. No sublicensing, sharing, or indirect provisions of access are permitted without Exoscale’s written consent, and Client shall not facilitate any circumvention of these controls.
5. Compliance Obligation
Client is responsible for ensuring its own compliance and the compliance of its users, contractors, and affiliates with these requirements.
6. Right to audit and Suspend Access
Exoscale reserves the right to suspend or terminate service access immediately if it has reason to believe that Client or its affiliates are in violation of U.S. export controls and sanctions laws.
Exoscale may require additional certifications, conduct reasonable audits of compliance evidence, and suspend and deny service where a license appears required or where Exoscale in good faith, identifies elevated export/sanctions risk. Client agrees to cooperate with Exoscale’s compliance inquiries and to furnish the requested information promptly.
7. Digital Certification and Record Keeping
By clicking “Read and Accept” in the Exoscale Compliance Center, the Client certifies that:
- They have read and understood the restrictions set forth herein.
- They will fully comply with the U.S. EAR and other applicable export control laws, and
- They are authorized to make this certification on behalf of their organization.
Exoscale will maintain a digital acceptance record, including:
- Client organization/account ID
- Name and email of the accepting user
- Date and time of acceptance
- Version of the agreement accepted
This record serves as legally binding confirmation of acceptance. No handwritten or physical signature is required. Exoscale may require re-acceptance when these terms are updated.
8. Certification of Location
By accepting, the Client certifies that the company’s headquarters and its parent entities are not located in any country or territory listed under any Country Group D:1, D:4, or D:5 of the EAR, or any successor list, as published by the U.S. Bureau of Industry and Security (BIS).
The current list is available here:
Client further certifies that no ultimate beneficial owner with 50 percent or more aggregate ownership is located in any D:1, D:4, or D:5 country, and agrees to promptly notify Exoscale of any change to headquarters or ultimate parent location.
9. Indemnity
Client will indemnify and hold Exoscale harmless from fines, penalties, losses, and reasonable costs (including attorney’s fees) arising out of Client’s breach of the export-control and sanctions obligations in this End User Certificate or applicable law.
10. Miscellaneous
The compliance, audit, suspension, indemnity, and record‑keeping obligations survive termination or expiration of services. If any provision is found invalid, the remainder remains enforceable. Exoscale may update these EUC terms to reflect changes in law or policy and will notify Client; continued use or re‑acceptance constitutes agreement to the updated terms.
Important note: EUC provides general compliance obligations and is not legal advice.
Client should consult export‑controls counsel to confirm applicability to its specific use cases and jurisdictions. Advanced computing rules are evolving, and the citations herein reflect the current EAR structure.