Terms of Service

1. Agreement

By creating an account or using any GPUlayer service you agree to these Terms, our Acceptable Use Policy, our Service Level Agreement and our Privacy Policy, which together form the agreement. If you accept on behalf of a company, you confirm you have authority to bind it.

2. Accounts

• You must be at least 18 years old and provide accurate, current information.
• You are responsible for everything done under your account and for keeping credentials and SSH keys secure.
• We may verify identity and decline or cancel orders that fail fraud screening. Declined orders are refunded in full.
• One person or company may hold several accounts only with our written approval.

3. Services

We provide GPU servers, virtual private servers, dedicated servers, IP addresses and related services as described on the order page at the time you order. Virtual servers are normally provisioned within minutes. In-stock dedicated servers are delivered within 4 hours and custom builds within 2 business days.

You have full administrative access and are solely responsible for the operating system, software, configuration, security patches and content on your servers. IP addresses remain our property and are assigned to you only for as long as your service is active.

Resources on shared plans are allocated fairly. If your usage materially degrades service for other customers, we may ask you to reduce it or move to a larger plan.

4. Billing

• Virtual and dedicated servers are prepaid monthly or yearly and renew automatically until cancelled.
• GPU servers are billed per minute from prepaid account credit. When the balance reaches zero, running GPU servers are stopped and their disks are kept for 72 hours.
• Invoices are issued 7 days before the due date. Prices are in US dollars and exclude applicable taxes.
• An unpaid service is suspended 5 days after the due date and terminated 14 days after the due date, at which point its data is erased.
• Transfer above your plan allowance is either rate-limited to 100 Mbps or billed in 1 TB blocks, as you choose in the control panel.
• We give at least 30 days' notice of any price increase on an existing service.
• Chargebacks filed without first contacting us result in suspension of the account until resolved.

5. Refunds

New virtual servers may be cancelled for a full refund within 7 days of your first order. Dedicated servers, custom hardware, additional IP addresses, software licenses and domain registrations are non-refundable once delivered. Account credit is non-transferable and is not redeemable for cash. Services terminated for breaching the Acceptable Use Policy are not refunded.

6. Your data

You own the data you store on our services. We access it only to provide support you request, to investigate abuse or security incidents, or when legally required. You are responsible for maintaining your own backups. Snapshots and backup add-ons are a convenience and are not a guarantee against data loss.

7. Suspension

We may suspend a service without notice when it is needed to protect our network or other customers, when it is the source or target of an attack that threatens shared infrastructure, when we receive credible evidence of a violation of the Acceptable Use Policy, or when required by law. We will tell you why and restore service once the issue is resolved, unless the violation is serious enough to justify termination.

8. Termination

You may cancel any service from the control panel at any time, effective at the end of the current billing period or immediately if you choose. We may terminate the agreement for material breach that is not cured within 7 days of notice, or immediately for serious violations such as child sexual abuse material, fraud or repeated abuse. After termination, data on the service is permanently erased.

9. Warranties

Except as stated in the Service Level Agreement, the services are provided "as is" and "as available". To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.

10. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim is limited to the fees you paid for the affected service in the 3 months before the event giving rise to the claim. SLA credits are your sole remedy for service availability.

11. Indemnity

You will defend and indemnify GPUlayer against third-party claims arising from your content, your use of the services or your breach of this agreement, including reasonable attorneys' fees.

12. Governing law and disputes

These Terms are governed by the laws of the State of Missouri and applicable US federal law, without regard to conflict-of-law rules. Before filing a claim, each party agrees to try to resolve the dispute informally for 30 days. Any unresolved dispute will be resolved in the state or federal courts located in Missouri, and both parties consent to that jurisdiction. Either party may bring an eligible claim in small claims court.

13. General

• Changes. We may update these Terms with 30 days' notice by email. Continuing to use the services after that date means you accept the update.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
• Assignment. You may not assign this agreement without our consent. We may assign it to a successor of our business.
• Severability. If any provision is unenforceable, the rest remains in effect.
• Notices. We send notices to your account email. You send notices to support@gpulayer.org or our registered address.
• Entire agreement. This agreement replaces any earlier understanding about its subject.