Terms of service

These Terms of Service ("Terms") govern your access to and use of the websites, cloud console, APIs and services provided by GreenAIBox, Inc. ("GREENAIBOX", "we", "us"). By creating an account or using the Services you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind it. Enterprise customers with a signed Master Services Agreement are governed by that agreement where it conflicts with these Terms.

1. Accounts

You must provide accurate information, keep your credentials secure and notify us promptly of any unauthorized use. You are responsible for all activity under your account, including activity by users you invite.

2. Services

GPU Cloud provides on-demand compute instances billed per minute. GPU Clusters provides reserved multi-node capacity for a committed term as specified in an order form. Custom Clusters provides design, procurement, integration and operations services for hardware you own, under a statement of work. Managed Training provides machine learning engineering services under a statement of work. Order forms and statements of work are incorporated into these Terms.

3. Acceptable use

You may not use the Services to violate any law; to infringe intellectual property or privacy rights; to distribute malware or conduct attacks; to mine cryptocurrency without written permission; to attempt to access other customers' data or infrastructure; or to resell the Services without authorization. We may suspend accounts that violate this section.

4. Fees and payment

Fees are set out on our pricing page or in your order form. On-demand usage is billed per minute and charged to your payment method or invoiced monthly. Reserved and project fees are invoiced as specified in the order form. Invoices are due within 30 days. Late amounts accrue interest at 1.5 percent per month or the maximum permitted by law. Fees exclude taxes, which you are responsible for. Credits have no cash value, expire as stated and are non-transferable.

5. Customer Data and intellectual property

You retain all rights to Customer Data and to models, weights, code and other deliverables produced for you under a Managed Training statement of work, which are assigned to you upon payment. We retain all rights to the Services, GreenAI Stack and our pre-existing tools. You grant us a limited license to process Customer Data solely to provide the Services.

6. Confidentiality and security

Each party will protect the other's confidential information with at least reasonable care and use it only for purposes of the relationship. We maintain the security measures described on our Trust and security page and in our Data Processing Agreement.

7. Service levels

GPU Clusters and Custom Cluster operations are subject to the service level commitments in your order form, which provide service credits as the exclusive remedy for availability shortfalls. On-demand GPU Cloud is provided with a 99.9 percent monthly availability target for the control plane.

8. Term, suspension and termination

These Terms continue until terminated. You may close your account at any time; reserved terms remain payable. We may suspend or terminate for material breach, non-payment or legal risk, with notice where practicable. Upon termination we will make Customer Data available for retrieval for 30 days, after which it is deleted.

9. Warranties and disclaimers

We warrant that the Services will perform materially as described. Except as expressly stated, the Services are provided "as is" and we disclaim all other warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that machine learning outputs will be accurate or fit for any purpose.

10. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or data, and each party's total liability under these Terms is limited to the fees paid or payable in the 12 months before the claim. These limits do not apply to breaches of confidentiality, indemnification obligations, or a party's gross negligence or willful misconduct.

11. Indemnification

You will defend and indemnify us against claims arising from Customer Data or your use of the Services in violation of these Terms. We will defend and indemnify you against claims that the Services infringe a third party's intellectual property rights, subject to customary exclusions.

12. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. Disputes will be resolved in the state or federal courts located in San Francisco County, California, and the parties consent to their jurisdiction.

13. General

These Terms, together with any order forms, statements of work and the Data Processing Agreement, are the entire agreement between the parties. We may update these Terms with 30 days notice for material changes. If any provision is unenforceable, the remainder stays in effect. Neither party may assign these Terms without consent, except in connection with a merger or sale of substantially all assets.

14. Contact

GreenAIBox, Inc.
legal@greenaibox.com