Terms of Service

1. Service description

CloudGPU (the "Service", accessible at cloudgpu.app) provides on-demand GPU compute instances for machine learning, AI inference, scientific computing and general-purpose workloads. Instances can be deployed via 1-click AI templates (Ollama, Stable Diffusion, etc.) or as raw GPU rentals.

The actual GPU hardware and underlying virtualisation are provided by our infrastructure partner, 共绩算力 (Gongjiyun, https://gongjiyun.com), operating data centres in mainland China and adjacent regions. CloudGPU acts as a reseller and operator of the user-facing platform; we do not own the physical hardware.

The Service is provided on an "as is" and "as available" basis. We may modify, suspend, or discontinue any feature at any time. We will give 30 days notice for material changes that affect existing paid users where reasonably practicable.

2. Eligibility & account

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By registering, you confirm you have the legal capacity to enter into this agreement.

You are responsible for all activity that occurs under your account, including all GPU instances created and all costs incurred. Keep your account credentials confidential. Notify us immediately at support@cloudgpu.app if you suspect unauthorized access.

Each user may register only one account. We reserve the right to merge or close duplicate accounts and reclaim free credits issued to them.

3. Acceptable use

You agree NOT to use the Service for any of the following:

• Cryptocurrency mining or any proof-of-work computation
• Distributed denial-of-service (DDoS), credential stuffing, port scanning or other network abuse
• Distribution of malware, ransomware, viruses, exploit kits or command-and-control infrastructure
• Generating, hosting, or distributing child sexual abuse material (CSAM) — we report this to relevant authorities and ban without notice
• Non-consensual intimate imagery, deepfakes used for harassment, or impersonation of real persons without consent
• Mass production of misleading or fraudulent content (spam, phishing, fake reviews, election interference)
• Generating personal information (names, addresses, phone numbers, ID numbers) belonging to real individuals without their consent
• Activities that infringe intellectual property rights, including training models on copyrighted datasets you do not have rights to
• Circumvention of export controls or sanctions, including providing compute to sanctioned entities
• Any activity prohibited by the laws of the jurisdiction where the underlying GPU hardware is located (mainland China / Hong Kong) or the laws of your own jurisdiction

We may suspend or terminate accounts engaged in prohibited activities without notice and without refund. In serious cases we will preserve evidence and cooperate with law enforcement.

4. Billing, credits & refunds

• GPU instances are billed per hour with a 1-hour minimum charge. After the first hour, additional usage is billed in 1-second increments.
• You must maintain a positive wallet balance to keep instances running. Instances are automatically destroyed when your balance reaches zero. We are not liable for any loss of work caused by automatic destruction.
• All prices are listed in US dollars (USD).
• New users receive a one-time free credit (currently $5) for evaluation. Free credits are non-transferable, non-withdrawable, and we may revoke them if abused.
• Prepaid credits are non-refundable except where required by applicable consumer protection law.
• Pricing is dynamically synced from supplier rates; published prices may change without notice. We do not retroactively bill at higher rates for already-running instances within their current hour window.
• Disputes about charges must be raised within 30 days of the relevant transaction by emailing support@cloudgpu.app.

5. Your data & instance content

You retain ownership of any data, models, code or output you create on or upload to a CloudGPU instance. You grant us only the limited technical permissions necessary to operate the Service (for example, allocating storage and routing network traffic).

We do not access, inspect, copy or back up the contents of your instance, except (a) where necessary to investigate a credible report of a Section 3 violation, (b) where compelled by valid legal process, or (c) to protect the safety of users or third parties.

When an instance is destroyed, all data on local instance storage is permanently deleted by the supplier. You are solely responsible for backing up any data you wish to keep before destroying an instance. We are not liable for data loss following instance destruction.

6. Instance access URLs & API keys

Each running instance is given a public service URL (e.g. https://deployment-xxxxx.550w.link). These URLs are hard to guess but they are not authenticated by default. You should treat them as a credential and not share them publicly. If you need authentication, configure it inside your instance (e.g. an API key on your Ollama deployment).

We are not liable for unauthorized use that occurs because a service URL was leaked.

7. Service availability

We aim for high availability but make no specific uptime SLA at this time. The Service depends on third-party GPU suppliers, network operators, and cloud infrastructure providers; outages of those underlying systems will affect availability.

If the Service is unavailable for an extended period due to our fault, we may at our discretion credit affected users for the affected time. Such credits are the sole and exclusive remedy.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOUDGPU AND ITS OPERATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

Our total cumulative liability for any claim arising from or related to the Service shall not exceed the greater of (a) the amount you paid CloudGPU in the 12 months preceding the claim, or (b) USD 100.

9. Indemnification

You agree to indemnify and hold harmless CloudGPU and its operators from any third-party claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

10. Termination

You may close your account at any time by destroying all running instances and emailing us. Running instances will be terminated and billed for usage up to that point. Unused prepaid credit is not refundable on voluntary closure.

We may suspend or terminate your account if we reasonably believe you have violated these Terms. For serious violations (Section 3 prohibited use, fraud, abuse) termination may be immediate and without refund.

11. Governing law & disputes

These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or the Service shall be resolved by binding arbitration in Hong Kong, except that either party may seek injunctive relief in any court of competent jurisdiction.

12. Changes to these terms

We may update these Terms from time to time. The "Last updated" date at the top of this page indicates when the most recent change was made. Material changes will be announced by email to registered users with at least 14 days notice. Continued use of the Service after the effective date constitutes acceptance.

13. Contact

For questions about these Terms or to report a violation, contact us at support@cloudgpu.app.