TERMS OF SERVICE
Last updated June 11, 2024
These Terms of Service (“Terms”) set forth the legal agreement between Aedilic Inc, doing business as
GPUDeploy ("Company," "we," "us," "our"), a company registered in Delaware, United States at 1209 Orange
St , Wilmington, DE 19801, and the person or entity exercising the rights granted
by these Terms (“you,” “your”). These Terms govern your
use of the website https://www.gpudeploy.com (the "Site"), as well as any other related products and services of the Company that refer or link to these Terms
(collectively, the "Services").
The Company provides a platform that matches users of GPU computing resources (“GPU Users”) with
available servers with GPUs (“GPU Resources”) hosted by GPU owners who wish to rent out their GPU
Resources (“GPU Providers”), and that allocates these GPU Resources to GPU Users as instances and
facilitates the GPU Users' connection to such instances. The Company’s
platform also provides tools and software for GPU Providers to manage their hosted GPU Resources and rent them
out through the platform to earn money based on usage. GPU Providers that rent out their GPU Resources through
the Services additionally agree to be bound by the Supplemental Terms available at
https:// gpudeploy.com/supplement.html, and those Supplemental Terms are incorporated into these Terms by reference with respect to any GPU
Providers who provide GPU Resources.
You can contact us by phone at (US) +1 (925) 398-3448, by email at contact@gpudeploy.com, or by mail at 2261
Market St., Suite 5762, San Francisco, CA 94114, USA.
These Terms constitute a legally binding agreement made between you and the Company concerning your access to
and use of the Services. You agree that by accessing or using the Services, by clicking to accept these Terms,
or by signing an order that incorporates these Terms by reference, you have read, understood, and agree to be
bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS (OR IF YOU ARE NOT AUTHORIZED TO
ACCEPT AND AGREE TO THESE TERMS FOR YOURSELF AND FOR ANY ENTITY YOU REPRESENT), THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Company may amend these Terms at any time by posting the amended Terms on the Site, and the Company will
use commercially reasonable efforts to notify you of any such amendment. By continuing to use the Services
after the effective date of any changes, you agree to be bound by the modified terms. You are expected to check these Terms on the Site frequently so you are aware of any changes, as they are
binding on you. If you do not agree to the new terms, you are no longer authorized to use the Services and
must immediately cease all use. You may amend these Terms only through a writing signed by you and the
Company.
The Services intended only for access and use by individuals at least eighteen (18) years old. By accessing
or using the Services, you warrant and represent that you are at least eighteen (18) years of age and with the
full authority, right, and capacity to enter into these Terms and abide by all of the terms and conditions. If
you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the
Services.
We recommend that you print a copy of these Terms for your records.
During the term of these Terms and subject to your compliance with these Terms, including the payment of the
applicable fees, if you are a GPU User, you may purchase access to GPU Resources in Orders (defined below)
that reference these Terms, and You will have the right to use the Services as specified in, and subject to
any limitations in, each Order. “Order” means any written order or quote for the Services that You
accept online or You mutually execute with the Company. During the term of these Terms and subject to your
compliance with these Terms and the Supplemental Terms, if you are a GPU Provider, you may provide access to
GPU Resources that are requested by GPU Users.
The information provided when using the Services is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use the Services for those interactions. You may not
use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA) or any other applicable law or
regulation.
We will provide technical support, in our sole discretion, to GPU Users and GPU Providers in response to
support issues and question that arise with respect to the Services, and we will provide reasonable assistance
to GPU Providers with onboarding. You will have sole responsibility for the computers and networks you use to
access the Services.
Except to the extent of licenses expressly granted under these Terms, as between you and us, we and our
licensors own and retain all right, title and interest (including all intellectual property rights) in and to
our Services, including all source code, databases, functionality, software, know-how, methods, techniques,
methods, procedures, concepts, website designs, audio, video, text,
photographs, and graphics in the Services and any derivative works of the foregoing (collectively, the
"Content"), any the trademarks, service marks, and logos contained therein (the
"Marks"), and any aggregate or statistical data we collect regarding your use of the Services
(“Aggregate Data”).
Our Content, Aggregate Data and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United States and around the
world.
The Content and Marks are provided in or through the Services "AS IS" for your personal use or
internal business use only.
Subject to your compliance with these Terms, including Section 5, we grant you a non-exclusive,
non-sublicensable, non-transferable, revocable license to:
· access and use the Services for your personal or internal business use as permitted in the applicable Order,
subject to any usage limitations in the Order.
Except as set out in this Section or elsewhere in these Terms, no part of the Services and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, rented, assigned, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this Section or
elsewhere in these Terms, please address your request to: contact@gpudeploy.com. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us
as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
You will be responsible for maintaining the security of your account, passwords and files, and for all uses
of your account with or without your knowledge or consent, to the extent that use was not due to our action or
inaction. You are responsible for the actions of anyone accessing the Services using your account
credentials.
Any breach of this Section 2.2 will constitute a material breach of our Terms and we will have the right to
suspend or terminate your use of the Services immediately.
Please review this Section and Section 5 carefully prior to using the Services to understand the (a) rights
you give us and (b) obligations you have when you post or upload any content through the Services.
You understand that Contributions may be viewable by other users of the Services and possibly through
third-party websites.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial images you provide.
· confirm that you have read and agree with the prohibitions set forth in Section 5 and will not post, send,
publish, upload, or transmit in connection with the Services any data or content that is illegal, harassing,
hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group,
sexually explicit, false, inaccurate, deceitful, or misleading;
· to the extent permissible by applicable law, waive any and all moral rights to any such data or content;
and
· warrant that any such data and/or content are original to you or that you have the necessary rights and
licenses to submit such data and/or content and that you have full authority to grant us the above-mentioned
rights in relation to that data and content.
You are solely responsible for Your Data, GPU Data and Contributions, and you expressly agree to reimburse us
for any and all losses that we may suffer because of your breach of (a) this Section, (b) any third party’s
intellectual property rights, or (c) applicable law.
By using the Services, you represent and warrant that: (1) all registration information you submit will be
true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the legal capacity to enter into, and you
agree to comply with, these Terms; (4) you are not under the age of 13; (5) you are not a minor in the
jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
(6) you will not access the Services through automated or non-human means, whether through a bot, script or
otherwise; (7) you will not use the Services in violation of any other contract or obligations to which you
are subject or for any illegal or unauthorized purpose; (8) your use of the Services will not violate any
applicable law or regulation; (9) you have all rights that are necessary to grant us the licensed rights in Your Data and Contributions under
these Terms; and (10) neither Your Data, GPU Data or Contributions, nor the use of Your Data, GPU Data or
Contributions, will violate applicable law or will infringe, misappropriate or violate a third party’s
intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable
law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use of the Services (or any portion
thereof).
Unless we specify an alternate payment method, you will pay all Fees and other charges via your payment card
through our third-party payment processor (“Payment Processor”), and you consent to our use of the
Payment Processor. You agree to provide the Payment Processor current,
complete, and accurate purchase and account information for all purchases made via the Services. You further
agree to promptly update account and payment information, including email address, payment method, and payment
card expiration date, so that the Payment Processor can complete your transactions and contact you as needed.
You will be responsible for any sales tax or similar taxes, which will be added to the price of purchases as
deemed required by us. We may change prices at any time. All payments shall be in US dollars.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit
or cancel quantities purchased per person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or orders that use the same billing
or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors.
All sales are final and no refund will be issued.
You may not access or use the Services for any purpose other than that for which we make the Services
available.
As a user of the Services, you agree not to:
· Systematically retrieve data or other content from the Services to create or compile, directly or indirectly,
a collection, compilation, database, or directory without written permission from us.
· Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
· Circumvent, disable, or otherwise interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the
Services.
· Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services or any GPU Resources.
· Use any information obtained from the Services in order to harass, abuse, or harm another person.
· Make improper use of our support services or submit false reports of abuse or misconduct.
· Use the Services or GPU Resources in a manner inconsistent with any applicable laws or regulations.
· Engage in unauthorized framing of or linking to the Services.
· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with
any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or maintenance of the Services or any GPU
Resources.
· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any
data mining, robots, or similar data gathering and extraction tools.
· Delete the copyright or other proprietary rights notice from any Content.
· Attempt to impersonate another user or person or use the username of another user.
· Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or "pcms").
· Interfere with, disrupt, or create an undue burden on the Services or GPU Resources or the networks or
services connected to the Services or GPU Resources.
· Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the
Services or GPU Resources to you.
· Attempt to bypass any measures designed to prevent or restrict access to the Services or GPU Resources, or
any portion of the Services or GPU Resources.
· Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other
code.
· Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Services.
· Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Services or GPU Resources, or use or launch any unauthorized script or other
software.
· Use a buying agent or purchasing agent to make purchases on the Services.
· Make any unauthorized use of the Services or GPU Resources, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
· Use the Services as part of any effort to compete with us, including to create a competing service, or
otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
· Sell or otherwise transfer your profile.
· Use the Services to advertise or offer to sell goods and services.
· Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any
portion of the Site.
· Criminal, amoral or tortious activity.
· Attempting to impersonate another user or person or using the Account of another user.
· Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way
making up a part of the Site.
· Making any unauthorized use of the Site, Software, Services or GPU Resources, including collecting any user
data by electronic or other means for the purpose of sending unsolicited email, or creating a user account by
automated means or under false pretenses.
· Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected
to the website.
· Accessing or using the Services
or GPU Resources
in a way that circumvents any contractual usage limit.
· Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a
collection, compilation, database or directory without written permission from Company.
· Tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive
account information.
· Using any information obtained from the Site in order to harass, abuse, or harm another person.
· Using the Site, Software or Services r to provide services as a service bureau.
· Circumventing, disabling, or otherwise interfering with security-related features of the Site, including
features that prevent or restrict the use or copying of any content or enforce limitations on the use of the
Site and/or the content contained therein.
· Using the Services or GPU Resources in connection with any high risk or strict liability activity (including, without
limitation, space travel, firefighting, police operations, power plant operation, military operations, rescue
operations, hospital and medical operations or the like).
· Uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
· Violate any law, rule, or regulation.
· Using any Compute Instance for Cryptocurrency Mining of any form.
· Posing as a Compute Instance to gain undue access to website and user data.
· Violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media
platform terms.
· Interfere with any third party’s ability to use or enjoy, or our ability to provide, the Site or any
services.
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on,
available through, or installed from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to
leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so
at your own risk, and you Third-Party Websites or to use or install any Third-Party Content, you do so at your
own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any website to which you navigate from the
Services or relating to any applications you use or install from the Services. Any purchases you make through
Third-Party Websites will be through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you
shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you
shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any
way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Services,
such as sidebar advertisements or banner advertisements. We simply provide the space to place such
advertisements, and we have no other relationship with advertisers.
We reserve the right, but not the obligation, to: (a) monitor the Services for violations of these Terms; (b)
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms,
including without limitation, reporting such user to law enforcement authorities; (c) in our sole discretion
and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) use of the Services or any portion thereof; (d) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems; and (e) otherwise manage the Services in a
manner designed to protect our rights and property and to facilitate the proper functioning of the
Services.
We care about data privacy and security. Please review our Privacy Policy:
https://gpudeploy.com/ privacy.html. By using the Services, you agree to be bound by our Privacy Policy. Please be advised the Services are
hosted in the United States. If you access the
Services from any other region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in the United States, then through your
continued use of the Services, you are transferring your data to the United States, and you expressly consent
to have your data transferred to and processed in the United States. Further, we do not knowingly accept,
request, or solicit information from children or knowingly market to children. Therefore, in accordance with
the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of
13 has provided personal information to us without the requisite and verifiable parental consent, we will
delete that information from the Services as quickly as is reasonably practical.
We respect the intellectual property rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or control, please immediately notify us using the
contact information provided below (a "Notification"). We will respond to notices of alleged
infringement in compliance with the Digital Millennium Copyright Act. Please be advised that you may be in
violation of applicable law if you make material misrepresentations in a Notification. Thus, if you are not
sure that material located on or linked to by the Services infringes your copyright, you should consider first
contacting an attorney.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason
at our sole discretion without notice. However, we have no obligation to update any information on our
Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any
time. We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or
errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in
these Terms will be construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
These Terms and your use of the Services are governed by and construed in accordance with the laws of the
State of California applicable to agreements made and to be entirely performed within the State of
California, without regard to its conflict of law principles.
If the parties are unable to resolve a dispute or claim (“Dispute”) through informal negotiations, the
Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the
American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available
at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through
the submission of documents, by phone, or online video conference. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Santa
Clara County, California. Except as otherwise provided herein, the parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the
award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in Santa Clara County, California, and the
parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens
with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction
Act (UCITA) are excluded from these Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more
than one (1) years after the cause of action arose. If any provision of this Section is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To
the full extent permitted by law, (a) no arbitration shall be joined with, or brought in coordination with,
any other arbitration or other proceeding; (b) there is no right or authority for any Dispute to be arbitrated
on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the general public or any other
persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief; or (d) claims that
qualify for small claims court.
THE SERVICES (INCLUDING ANY GPU RESOURCES) ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES AND GPU RESOURCES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND GPU RESOURCES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE TIMELINESS, RELIABILITY,
ACCURACY OR COMPLETENESS OF THE SERVICES AND GPU RESOURCES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND DATA, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR GPU RESOURCES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, THE GPU RESOURCES AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES AND GPU RESOURCES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES AND GPU RESOURCES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA OR CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES AND GPU RESOURCES. WE DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES REGARDING, AND WILL HAVE NO LIABILITY FOR, THE QUALITY, RELIABILITY, SECURITY
OR AVAILABILITY OF ANY GPU RESOURCES OR ANY ACTS OR OMISSIONS OF ANY GPU PROVIDER. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES; OR (B) LOST PROFITS,
LOST REVENUE, LOSS OR CORRUPTION OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR UNAUTHORIZED USE OF
OR ACCESS TO DATA, WHETHER SUCH DAMAGES ARE DETERMINED TO BE DIRECT, INDIRECT OR OTHER. THE FOREGOING EXCLUSIONS OF LIABILITY APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU UNDER THIS
AGREEMENT, WILL AT ALL TIMES BE LIMITED TO THE FEES PAID OR PAYABLE BY YOU TO US HEREUNDER IN THE ONE-YEAR
PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
You will defend, indemnify and hold harmless the Company, its affiliated companies and its and their
respective directors, officers, employees, subcontractors and agents (each a “Company Indemnitee”) from
and against any claims, demands, suits, causes of action, regulatory actions or investigations
(“Claims”), including any associated losses, liabilities, damages, judgments, fines, penalties, costs
or expenses (including court costs and reasonable attorneys' fees), brought by a third party against any
Company Indemnitee to the extent based on or arising out of:: (a) Your Data, your GPU Data and/or your
Contributions; (b) your use of the Services; (c) breach of these Terms; (d) your violation of applicable
laws or your violation or infringement of the rights of a third party, including but not limited to
intellectual property rights; or (e)your fraud, gross negligence or willful misconduct. The Company must
provide you with prompt notice of, and reasonable cooperation and sole control over the defense and/or
settlement of, the applicable Claim; provided, however, that you will not settle any Claim without the prior
written consent of the Company. Subject to the foregoing, the Company may participate in the defense and/or
settlement of any applicable Claim with counsel of its choosing at its own
expense.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
By creating a customer account, you agree to subscribe to newsletters, marketing or promotional materials and
other information that the Company may send. However, you may opt out of receiving any, or all, of these
communications from the Company by following the unsubscribe link or by emailing contact@gpudeploy.com.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect
and enforceable. These Terms are not assignable, transferable or sublicensable by you without the Company’s
prior written consent. These Terms will be binding on, and will inure to the benefit of, the authorized
successors and assigns of the parties. Any attempt to assign in
violation of this Section will be null and void. These Terms do not,
and are not intended to, confer any benefit on, or create any right exercisable or enforceable by, any third
party. Both parties agree that these Terms are the complete and
exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written
and oral discussions, negotiations, agreements, communications and other understandings relating to the
subject matter of these Terms, and that all waivers must be in a writing signed or otherwise agreed to by each
party, except as otherwise provided in these Terms. The waiver by either party of a breach or default of any
of the provisions of these Terms by the other party will not be construed as a waiver of any succeeding breach
of the same or other provisions nor will any delay or omission on the part of either party to exercise or
avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any
breach or default by the other party. Each party is an independent contractor, no agency, partnership, joint
venture, or employment is created as a result of these Terms and neither party has any authority of any kind
to bind the other in any respect whatsoever. The Company will not be liable to You for any default or delay in
the performance of any of its obligations under these Terms if the default or delay is caused, directly or
indirectly, by any cause beyond the Company’s reasonable control. All
notices under these Terms will be in writing and will be deemed to have been duly given when received, if
personally delivered; when sent, if transmitted by facsimile or e-mail; and upon receipt, if sent by overnight
courier or certified or registered mail (return receipt requested), postage prepaid; provided, however, that
any notice of breach or termination of these Terms or any Order, or notice of non-renewal of any subscription
term, sent by e-mail must also be sent by one of the other methods described above.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the
Services, please contact us at:
Aedilic Inc.
2261 Market St.
Suite 5762
San Francisco, CA 94114
United States
Phone: (US) +1 (925) 398-3448
contact@gpudeploy.com