Terms of Service for Tensor Fusion
1. Introduction
These Terms of Service ("Terms") govern your use of Tensor Fusion's GPU Management as a Service (GPUMaaS) solution ("Service"). By using our Service, you ("Customer") agree to these Terms. If you disagree with any part of the Terms, you may not use our Service.
2. Service Description
Tensor Fusion provides a cloud and hybrid-cloud GPU management solution, offering:
- Remote GPU pooling and virtualization
- Intelligent workload scheduling
- Performance monitoring and analytics
- API access for integration
3. Account Registration and Security
3.1. To use Tensor Fusion, you must create an account. You agree to provide accurate, current, and complete information during registration.
3.2. You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account.
3.3. You may not use another user's account without permission.
4. Customer Obligations
4.1. You agree to use the Service in compliance with all applicable laws and regulations.
4.2. You will not: a) Use the Service for any illegal purpose or in violation of any laws b) Attempt to gain unauthorized access to the Service or its related systems c) Interfere with or disrupt the integrity or performance of the Service d) Reverse engineer, decompile, or disassemble any part of the Service
4.3. You are responsible for all activities that occur under your account.
5. Payments and Billing
5.1. Paid plans are billed in advance on a recurring basis. You agree to pay Tensor Fusion the fees as set forth on our pricing page.
5.2. All fees are exclusive of taxes, which you are responsible for paying.
5.3. Tensor Fusion reserves the right to change its fees upon 30 days' notice.
6. Intellectual Property Rights
6.1. Tensor Fusion retains all right, title, and interest in and to the Service, including all related intellectual property rights.
6.2. You retain all rights to your data. You grant Tensor Fusion a license to host, copy, transmit, and display your data as necessary for us to provide the Service.
7. Confidentiality
7.1. Each party agrees to protect the other's confidential information with the same standard of care it uses to protect its own confidential information.
7.2. Confidential information does not include information that: a) Is or becomes publicly available b) Was known to the receiving party prior to its disclosure c) Is independently developed by the receiving party without use of the disclosing party's confidential information
8. Data Protection and Security
8.1. Tensor Fusion will process personal data in accordance with its Privacy Policy.
8.2. Tensor Fusion implements industry-standard security measures to protect Customer's data and GPU resources.
8.3. In the event of a data breach, Tensor Fusion will notify affected customers as required by applicable law.
9. Service Level Agreement (SLA)
9.1. Tensor Fusion will use commercially reasonable efforts to make the Service available with a Monthly Uptime Percentage of at least 99.9% during any monthly billing cycle.
9.2. If we fail to meet the SLA, you may be eligible for a service credit as detailed in our SLA policy.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TENSOR FUSION DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11. Limitation of Liability
IN NO EVENT SHALL TENSOR FUSION'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER FOR THE SERVICE GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.
12. Indemnification
You agree to indemnify and hold harmless Tensor Fusion from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the Service.
13. Term and Termination
13.1. This agreement will remain in effect until terminated by either party.
13.2. Either party may terminate this agreement for any reason upon 30 days' written notice.
13.3. Upon termination, you will immediately cease all use of the Service and Tensor Fusion will delete your data within 30 days.
14. Modifications to the Service and Terms
14.1. Tensor Fusion reserves the right to modify or discontinue the Service at any time.
14.2. We may modify these Terms from time to time. We will notify you of any material changes and give you the opportunity to review the revised Terms before they become effective.
15. Governing Law and Dispute Resolution
15.1. These Terms are governed by the laws of the State of California, without regard to its conflict of law principles.
15.2. Any dispute arising from or relating to these Terms shall be resolved through binding arbitration in San Francisco, California.
16. Export Compliance
You agree to comply with all applicable export and re-export control laws and regulations in your use of the Service.
17. Entire Agreement
These Terms constitute the entire agreement between you and Tensor Fusion regarding the Service and supersede all prior agreements and understandings.
By using Tensor Fusion's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
