Terms of Service

Draft for review. This document is a working draft prepared for internal review. It has not yet been reviewed by qualified legal counsel and must be before anyone relies on it.

1. Parties and scope

These terms govern use of the GPUwerk cloud service and the console at console.gpuwerk.com, provided by PRINT IT! SE, Altajská 1568/2, Vršovice, 100 00 Praha 10, Czech Republic, registered at Municipal Court in Prague (Městský soud v Praze) under Section H, Insert 2104, Company ID (IČO) 069 60 090 ("GPUwerk", "we"). The person or company that registers an account is the customer ("you").

They apply to the rental of cloud instances only. Your own terms of purchase or business do not apply unless we agree to them in writing.

Two things these terms do not cover: the sale of on-premise DGX Spark hardware with a managed service, and participation in the owner-supplied node programme as an owner. Each is governed by its own separate written agreement.

2. Account and eligibility

The service is aimed at businesses, public bodies, and other professional users. You must be legally able to enter into a contract, and whoever registers on behalf of a company must be authorised to bind it. Registration data must be accurate and kept current.

You are responsible for everything that happens under your account, for your console credentials, and for the SSH keys you upload. Tell us promptly at support@gpuwerk.com if you suspect an account has been compromised.

Where you are a consumer within the meaning of applicable law, mandatory consumer protection rules apply and take precedence over anything in these terms that would give you less.

3. The service

• You rent a whole dedicated NVIDIA DGX Spark machine. It is single-tenant bare metal: for the duration of your rental no other customer runs on that physical machine.
• Hardware sits in EU-Central.
• Access is by SSH public key only. Password authentication is disabled fleet-wide. We do not hold your private keys and cannot recover them.
• You have root on your instance and choose what runs on it.
• We do not access the content of your workloads. See our Privacy Policy and the Article 28 data processing agreement, available on request.

We may improve the service and change technical details, provided the agreed characteristics of what you rent are not materially reduced.

4. Billing

• Instances bill per minute against prepaid credit on your account.
• A stopped instance does not bill compute time.
• Credit is drawn down as you use the service. When the balance runs out, running instances are stopped. We do not let the account go into overdraft, and we do not invoice you for usage beyond the credit you bought.
• Because balance exhaustion stops instances, keeping enough credit on the account is your responsibility. Watch your balance if uninterrupted running matters to you.
• Any storage, reservation, or other charges that continue while an instance is stopped are shown in the console and on the pricing page before you incur them.

5. Prices, VAT, and payment

Published prices are exclusive of value added tax. VAT is applied on top according to your status and location, based on the country and VAT identification number in your billing details. If you give us a valid VAT identification number in another EU member state, the reverse charge procedure may apply. You are responsible for the accuracy of the tax details you provide, and for any assessment that follows from incorrect details.

Payment is by the methods offered in the console. Credit is purchased in advance. We may change prices for future purchases of credit; a price change does not retroactively affect credit already bought.

6. Acceptable use

You must not use the service to:

• store, process, or distribute unlawful content, including content that is criminal to possess or distribute in the jurisdictions involved
• infringe intellectual property or other rights of third parties
• attack, scan, overload, or gain unauthorised access to third-party systems, our infrastructure, our management network, or any other tenant's hardware
• send unsolicited bulk email or operate services used for phishing, malware distribution, or fraud
• circumvent the tenancy boundary of the machine you rented, or attempt to reach firmware, management interfaces, or hardware outside your instance
• mine cryptocurrency or run comparable proof-of-work workloads, which are not permitted on the platform
• breach export control or sanctions law, including EU and, where applicable, US export controls covering the hardware, or make the service available to a sanctioned party

You are also responsible for anything you expose from your instance to the public internet. If you open a port, that endpoint and its security are yours to manage.

7. Your data, models, and backups

You are responsible for the data, models, and software you put on your instance, for having the rights to use them, and for your own backups. Instance storage is not a backup service. Keep copies of anything you cannot afford to lose somewhere outside the instance.

When you stop an instance, we copy its /workspace to our storage, delete the container and its workspace volume from the node, and return the node to the pool. Starting the instance again places it on whichever node is free and restores /workspace onto that node, so it may not be the same physical machine. Anything you wrote outside /workspace does not survive a stop.

When you terminate an instance, we delete the container and its workspace volume from the node and delete the stored copy of the workspace. Before a node is offered to another customer it is sanitised: every tenant container and volume on it is removed, and the node fails its readiness check and is not allocated while any of them remain. This is deletion at the filesystem level. We do not operate self-encrypting drives or full-disk encryption, so we make no cryptographic-erase claim. Termination is irreversible on our side: once the workspace copy is deleted, there is nothing left for us to restore.

8. Intellectual property

You keep all rights to your data, your models, your outputs, and anything else you bring to the service. We claim no licence to your workload content. We do not use it to train models, and we do not share, sell, or analyse it.

We keep all rights to the GPUwerk platform, the console, our documentation, and our trademarks. Nothing here grants you rights in them beyond using the service as intended. NVIDIA and DGX Spark are trademarks of their respective owners; GPUwerk is an independent operator and is not affiliated with, endorsed by, or sponsored by NVIDIA Corporation.

9. Availability and maintenance

We aim to keep the service running and to operate it with professional care. We carry out maintenance and may need planned downtime; we announce planned maintenance in advance in the console or at status.gpuwerk.com where notice is practical. Urgent security work may have to happen without advance notice.

These terms do not promise any availability figure, response time, or service credit. Where an uptime or support commitment is agreed, it is set out in a separate written service level agreement, and only that document governs it. Without such an agreement, no availability guarantee applies.

10. Suspension and termination

You can terminate an instance at any time in the console, and close your account at any time. Unless separately agreed in writing, there is no minimum term for on-demand instances.

We may suspend an instance or an account where there is a serious breach of section 6, where a legal obligation or authority order requires it, or where continued operation threatens the integrity or security of the platform or other tenants. We give notice first and a chance to remedy, unless immediate action is necessary to prevent damage or comply with the law.

Either party may terminate for good cause. On termination of an instance or an account, instance data is destroyed as described in section 7. Export anything you need before you terminate. Unused prepaid credit is handled as set out in [CREDIT REFUND / EXPIRY TERMS ON ACCOUNT CLOSURE], subject to mandatory law.

11. Warranties

We provide the service with professional care and in the condition described in section 3. Statutory warranty rights remain unaffected. Beyond what statute requires, we do not warrant that the service will be uninterrupted, error free, or fit for any particular purpose you have not agreed with us in writing, and we do not warrant results obtained from workloads you run.

12. Liability

We are liable without limitation for damage caused by intent or gross negligence, for injury to life, body, or health, under mandatory statutory product liability law, and to the extent we have given a guarantee or fraudulently concealed a defect. Liability that cannot lawfully be excluded or limited is not excluded or limited here.

For slight negligence, we are liable only where an obligation is breached whose fulfilment is essential to performing the contract and on whose observance you may reasonably rely. In that case liability is limited to the foreseeable damage typical for this kind of contract. Any other liability for slight negligence is excluded.

We are not liable for loss of data where the loss would have been avoided by backups you were responsible for keeping under section 7.

[MONETARY LIABILITY CAP, IF ONE IS TO BE AGREED, AND ITS REFERENCE PERIOD] to be settled with counsel; any cap must respect the categories above, which cannot be capped.

13. Indemnity

If a third party brings a claim against us because of content you stored or processed on your instance, or because of how you used the service in breach of section 6, you will indemnify us against that claim and against the reasonable costs of legal defence. We will tell you about the claim promptly, not settle it without your agreement, and give you the chance to defend it. This does not apply where the claim is caused by our own breach.

14. Changes to these terms

We may change these terms where there is a valid reason, for example a change in the service, in our vendors, or in the law. We will give account holders notice by email at least [NOTICE PERIOD FOR TERMS CHANGES, e.g. 30 DAYS] before a change takes effect. If you object before the effective date, you may terminate the contract with effect from that date; continued use after it counts as acceptance. The notice will say so.

15. Other provisions

• You may not assign the contract without our written consent, except to a successor in a merger or a sale of the business.
• If a provision is invalid, the rest stays in force.
• Changes and additions must be in writing, including this requirement.
• The contract language is English. Where a translation exists, the English version governs unless mandatory law says otherwise.

16. Governing law and venue

These terms are governed by the laws of the Czech Republic, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The courts competent for the registered office of PRINT IT! SE in Prague have exclusive jurisdiction for disputes with business customers; mandatory consumer jurisdiction rules are unaffected. Where you are a consumer, the mandatory law and courts of your country of residence remain available to you regardless of this clause.

Company details are in our Imprint. Data protection information is in our Privacy Policy.