GPUse Terms of Service

1. Introduction

These Terms of Service ("Terms") govern access to and use of the GPUse platform, websites, APIs, model context protocol ("MCP") tooling, and related services (collectively, the "Services") provided by GPUse, LLC, a Delaware limited liability company with registered address at 131 Continental Dr, Suite 305, Newark, DE 19713 ("GPUse," "we," or "us"). By visiting our sites, creating an account, installing or invoking our MCP tooling and API endpoints, or deploying workloads through GPUse, you agree to be bound by these Terms and the documents they reference, including the GPUse Privacy Policy and Email Policy (collectively, the "Policies"). If you are acting on behalf of an organization, you represent that you have authority to bind that organization and that acceptance binds both you and the organization. If you do not agree, do not use the Services.

These Terms incorporate the Acceptable Use rules in Section 4 and the Beta Program terms in Section 5. Section 5 applies only when you enable or access beta features. If there is a conflict between Section 5 and any other part of these Terms, Section 5 controls for beta use.

2. Eligibility and Account Responsibilities

The Services are intended for individuals at least 18 years old and entities legally able to contract. You must provide accurate registration, billing, and contact details and keep them current. You are responsible for safeguarding credentials, API keys, magic links, and any automation you authorize (including autonomous agents). All activity occurring under your account or via your agents is deemed authorized by you. Notify GPUse immediately at legal@gpuse.com if you suspect unauthorized access.

3. Service Overview

GPUse orchestrates GPU and accelerator workloads via managed infrastructure, currently leveraging third-party cloud providers. We may change providers, regions, or architectures without notice. Grace-period workloads may run without immediate billing, but once thresholds or time limits are exceeded, metered charges will begin to accrue. Features may evolve as the platform matures, and we do not guarantee availability of specific models, templates, or runtimes.

4. Acceptable Use

You must not:

• violate any laws or regulations;
• generate or distribute unlawful, defamatory, or hateful content;
• probe, scan, or disrupt GPUse infrastructure or networks;
• circumvent usage controls, rate limits, or billing mechanisms;
• introduce malware or harmful code;
• use the Services to infringe intellectual-property or privacy rights;
• create multiple accounts to evade billing or grace-period limits; or
• repackage or resell the Services without prior written consent.

GPUse may monitor compliance and suspend or terminate access immediately if misuse is suspected. Violations may result in legal action, including recovery of damages and reasonable attorneys’ fees.

5. Beta Program

Beta features and tooling are experimental and may be unstable or withdrawn without notice.

You are responsible for backing up data and outputs generated during beta use.

Where you enable beta features, you must disclose to any end users that outputs may be incomplete or inaccurate.

Feedback you provide may be used by GPUse without obligation or attribution.

GPUse may suspend or terminate beta access at any time.

All remedies and liabilities described in Section 15 apply equally to beta participation.

6. Billing, Credits, and Payments

Pricing and billing information are published in the dashboard or onboarding materials. Charges begin when workloads exceed the grace period or when you authorize immediate billing. Payments are processed through third-party payment providers, and you authorize GPUse and its payment partners to debit your chosen method for accrued fees, auto top-ups, taxes, duties, refunds, and chargebacks. Credits or prepaid balances may expire, are non-transferable, and are redeemable only for Services. GPUse may refuse or reverse credits issued in error. Unless prohibited by law, fees are non-refundable, and disputes must be raised within 30 days of billing.

7. Customer Data and Confidentiality

Customer Data remains your property. GPUse does not acquire ownership of Customer Data, and we treat it as confidential. We access Customer Data only as needed to provide, secure, support, or improve the Services, comply with law, or enforce these Terms. You are solely responsible for the accuracy, quality, legality, and maintenance of Customer Data. You agree not to submit data that you lack the right to use with the Services.

8. Data Handling and Security Responsibilities

GPUse maintains safeguards designed to protect Customer Data in transit and at rest, but no method is perfectly secure. You must configure your usage appropriately, maintain backups, and notify GPUse promptly of actual or suspected security incidents. GPUse is not liable for loss or corruption of data attributable to your acts or omissions or to third-party services outside of GPUse’s control.

9. Third-Party Services

The Services interoperate with third-party hosting providers, payment processors, email delivery services, analytics, and monitoring tools. GPUse may add or substitute these providers. GPUse is not responsible for disruptions or changes caused by third-party services and may suspend or limit access if third-party terms or policies require it. Your use of third-party services is governed by their respective agreements.

The Services may rely on upstream cloud and network providers. You must not use the Services in a manner that would cause GPUse to violate upstream terms. GPUse may take actions reasonably necessary to comply with upstream requirements including suspending or limiting your access to affected functionality. Nothing in these Terms makes you a customer of any upstream provider.

10. MCP, APIs, and Automation

When you install our MCP tooling, interact with well-known manifests, or invoke the GPUse API, those actions confirm your acceptance of the Terms and Policies. You must inform any users or downstream agents that you deploy via GPUse of the applicable Terms and ensure they comply. GPUse may include disclaimers in machine-readable responses, and your continued use constitutes agreement to those updated notices.

11. Intellectual Property

GPUse and its licensors retain all rights in the Services, including software, documentation, designs, and trademarks. Customer Data remains yours. You grant GPUse a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, and display Customer Data solely to deliver and support the Services, comply with law, and enforce the Terms. If you provide feedback, suggestions, or improvements, you grant GPUse the right to use that information without obligation.

12. Warranties and Disclaimers

The Services are provided “AS IS” and “AS AVAILABLE.” GPUse disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and error-free or uninterrupted operation. You bear sole responsibility for determining whether the Services meet your requirements.

13. Limitation of Liability

To the maximum extent permitted by law, GPUse, its affiliates, and their respective officers, directors, employees, agents, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, savings, goodwill, or data. GPUse’s aggregate liability for any claim relating to the Services is limited to the greater of (a) the amounts paid or payable by you to GPUse for the three months preceding the claim or (b) one hundred dollars (US $100). These limits apply even if a remedy fails of its essential purpose.

14. Indemnification

You agree to defend, indemnify, and hold harmless GPUse, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your use of the Services; (b) Customer Data; (c) violation of these Terms or the Policies; (d) misuse by your employees, contractors, or autonomous agents; or (e) alleged infringement or violation of rights of any third party caused by your conduct.

15. Suspension, Termination, and Remedies

Either party may terminate the Services for convenience with written notice. GPUse may suspend or terminate access, disable functionality, or block traffic immediately if you violate these Terms, exceed usage limits, jeopardize security, or create risk to GPUse, other users, or third parties. GPUse may pursue all lawful remedies, including injunctive relief, specific performance, and recovery of damages, costs, losses, and attorneys’ fees resulting from misuse or attempted compromise of the Services. Upon termination, you remain responsible for all fees incurred, and GPUse may retain Customer Data as required by law or permitted under the Privacy Policy.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules. The parties consent to the exclusive jurisdiction and venue of state and federal courts located in Delaware. Each party waives objections to personal jurisdiction and forum non conveniens.

17. Changes to the Terms

GPUse may modify these Terms or the Policies by posting an updated version on the GPUse website or sending notice to your account email. Changes take effect on the date indicated. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must cease using the Services.

18. Contact Information

Questions about these Terms or the Services may be directed to legal@gpuse.com or mailed to GPUse LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, USA.

Email: legal@gpuse.com

Corporate address: GPUse LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, USA

Mailing address: 1101 Hay Street, Suite 1082, West Perth WA 6005, Australia

These Terms incorporate by reference the Privacy Policy and the Email Communications Policy. Together these documents constitute the entire agreement between you and GPUse regarding the Services.