Terms of Service

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.

These cloud terms do not cover physical GB10 hardware purchases, which are governed by our Hardware Sales Terms, or participation in the owner-supplied node programme as an owner, which requires a separate written agreement. Managed hardware services require a separate written offer.

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 [email protected] 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 GPU machine in one of the tiers listed on the pricing page (currently NVIDIA DGX Spark, with further tiers listed as they become available). It is dedicated to you alone: for the duration of your rental no other customer runs on that physical machine, and you get root access inside your own container, not host-level root.
• Hardware sits in EU-Central, except the Partner tier, which runs at a partner's premises as described in section 18.
• SSH access is by public key only. Password authentication for SSH is disabled fleet-wide. We do not hold your private keys and cannot recover them. If you opt into VNC desktop access, that connection uses a separately generated password, shown once in the console.
• The optional in-browser terminal is a separate feature from the SSH access above. Opening it generates a fresh, single-use keypair in your browser for that session only; the private half is sent once, over TLS, to a short-lived server-side process that exists solely to relay that terminal session, holds the key in memory only for as long as the session runs, never writes it to disk or logs, and destroys it when the session ends or times out. It is never combined with, or a substitute for, your own SSH key.
• 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 our Article 28 data processing agreement.

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

4. Billing

Compute usage billing starts after SSH readiness checks pass and, for a preinstalled model, a small inference succeeds. Runtime preparation during deployment or restart is not charged. A startup that does not become ready within its preparation deadline is stopped and its workspace is retained or archived for recovery.

• Instances bill per minute against prepaid credit on your account.
• For an on-demand instance, a customer-requested stop keeps its DGX Spark reserved for you and bills 75% of its hourly rate, a 25% discount; only terminating an instance stops that charge. See the pricing page for the exact rate. This does not apply to instances on a reserved Spark, which are covered by section 16.
• Credit is drawn down as you use the service. When the balance runs out or the configured budget is reached, instances are stopped and released from their machines, and their workspaces are kept for 7 days and then deleted, as section 7 describes. We do not let the account go into overdraft, and we do not invoice you for usage beyond the credit you bought.
• Keep sufficient credit and budget available, and export any results you need before either is exhausted. Automatic top-up can fail and does not replace a backup.
• Committed reservations are charged monthly to a saved card and are covered in section 16.
• 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, the workspace stays where it is, on that instance's node: the container stops, the node and its /workspace volume stay reserved for you, and the SSH port and hostname do not change. Starting again uses the same physical machine. Model presets may need several minutes to warm up. A customer-requested stop bills 75% of its hourly rate for as long as it holds that reservation, a 25% discount off the running rate; to stop paying, terminate the instance instead.

When you terminate an instance, we delete the container and its workspace volume from the node. 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: termination deletes the workspace and its backup copy, so there is nothing left for us to restore.

If your account credit reaches zero or you hit your monthly budget, the instance is stopped and its machine is released: it is wiped and sanitised for the next customer. Before that, the workspace is copied to our backup server and kept there for 7 days. Top up and start the instance within that window and the workspace is restored onto whichever machine is free. After 7 days the copy is deleted and the instance is terminated. If the copy cannot be made, the instance is instead held on its machine for 24 hours and then terminated, with the workspace deleted and no copy kept. We warn you before this happens through low-balance email, and you can prevent it entirely with auto top-up.

We keep one backup copy of each workspace, on our own backup server in the Czech Republic, on the same network as the GPU nodes. No third party stores or accesses it. While an instance is running or stopped on its node, that copy is refreshed periodically, currently about every six hours, so it can be several hours behind, and it covers only /workspace, not the rest of the instance's filesystem. It exists so that we can recover an instance from a hardware failure. It is not a backup service: we do not guarantee that it is current or complete, and you remain responsible for your own backups. The copy is deleted when the instance is terminated or the account it belongs to is closed. For an instance released from its machine, as described above, it is kept for 7 days and then deleted. The same 7-day window applies if we have to move a stopped instance off its machine, for example after a failed start. Your data exists on our systems only for as long as you keep paying for it, plus that 7-day window.

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 refundable. Ask us at [email protected] within twelve months of closing the account and we refund the unused balance to the payment method it was bought with, within fourteen days of the request. We do not deduct a fee from it. Credit already consumed by usage is not refundable, because it has been spent.

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

Our liability is excluded as far as the law allows. What follows says exactly how far that is, because some of it cannot be excluded and we would rather tell you than have you find out.

What we remain liable for, without limit. Damage caused by intent or gross negligence; injury to life, body, or health; liability under mandatory product liability law; anything we have given an express guarantee for or a defect we have fraudulently concealed; and infringement of your rights as a natural person. Section 2898 of the Czech Civil Code makes a waiver of these ineffective, so nothing in these terms attempts one, and a clause elsewhere that appeared to do so would not bind you.

Everything else, for slight negligence, is excluded, except where the obligation breached is one whose fulfilment is essential to performing this contract and on whose observance you may reasonably rely. Where we are liable on that ground, liability is limited to the foreseeable damage typical for this kind of contract, and in any event to the total amount you paid us for the service in the twelve months before the event that caused the damage. Where you have been a customer for less than twelve months, the cap is what you paid in that shorter period.

We are not liable for indirect or consequential loss, lost profit, lost revenue, lost business, or lost goodwill, to the extent that exclusion is lawful.

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. This matters here more than it would elsewhere: instance storage is not a backup service and section 7 says so.

Where you are a consumer, the mandatory rules that protect you take precedence over this section wherever they give you more.

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 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. Committed reservations

A reservation is a fixed term of 1, 3, 6, 12, or 24 months for one or more dedicated DGX Sparks at the committed monthly price quoted to you when you request it. The 1-month term carries no discount on the on-demand hourly rate; the longer terms are discounted. The reservation page describes the product. A request alone is not a booking. A reservation exists once you have paid for, or placed the hold on, your first month, as described below.

• First-month hold. When the Sparks for your configuration are available in our fleet, we place an authorisation hold on your card, through our payment provider Stripe, for the full quoted first month; nothing is charged yet. When we provision your dedicated Spark, the hold is captured and that becomes the charge for your first month, so nothing further is charged for it. Stripe releases an uncaptured hold on its own after 7 days if it is not captured by then; if that happens before provisioning, you place the hold again to keep the reservation moving.
• Configurations we have to build. When your configuration needs more Sparks than we currently have in service, we buy and set up the additional hardware for you. In that case no hold is placed: your card is charged the full quoted first month when you pay, and nothing further is charged for that month. The reservation page and our confirmation email show this before and after you pay, together with the delivery date.
• Delivery date. For a hold, the provisioning deadline is one business day after you place it. For a configuration we have to build, the delivery date is 14 days after you pay. If you asked for a later start month, the date is the first business day of that month whenever that is later. The date is shown in the confirmation email.
• Release and refund. If we miss the delivery date, or if you cancel before your Spark is provisioned, we release the hold and you are not charged; if the first month was already charged, we refund it in full. Nothing in this section limits your rights under mandatory law.
• Card authorisation. By placing the hold or paying the first month you authorise us to save your card and charge it automatically for each following monthly charge: the first month is settled by the hold's capture at provisioning, or by the charge you paid, then one charge for each further month of the term, about every 30 days, until the term ends. Each of those later charges is a Stripe invoice, and a receipt is emailed to you. You can update the saved card in the console.
• Failed charges. If a charge fails, we email you and retry, and we may ask you to authorise a new card. An amount that remains unpaid stays due.
• Binding term. Once your dedicated Spark is provisioned, the term is binding for its full length.
• Prices and tax. Committed prices are in USD and exclude applicable tax, which is added as described in section 5.
• Flat monthly price. The monthly charge covers unrestricted use of your dedicated Spark for that month, running or stopped, with no hourly charge and no draw on the prepaid credit in section 4. Instances you deploy beyond your reserved Spark, for example on a second on-demand machine, are billed per minute from prepaid credit as usual.
• Fixed for the term, no pause. The monthly price is the same for every month of the term and is charged whether your instance is running, stopped, or not deployed at all. A reservation cannot be paused or suspended, and there is no discount or credit for time you do not use. The 75% stopped rate in section 4 applies to on-demand instances only and never to an instance on your reserved Spark.

17. 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.

18. Partner-hosted DGX Spark ("DGX Spark 1× (Partner)")

The Partner tier, shown in the console as DGX Spark 1× (Partner), is the same machine type as our own DGX Spark, hosted by an independent partner. It only runs your instance if you choose it when you deploy. Where this section differs from the rest of these terms, this section applies to instances on the Partner tier.

The notice shown in the console when you choose the Partner tier, which applies to every Partner rental:

Offered while GPUwerk's own DGX Sparks are all in use. Runs on a DGX Spark owned and hosted by a vetted GPUwerk partner at their own premises, which may be outside the EU, not on GPUwerk's own hardware. GPUwerk operates it remotely with a locked OS and wipes it between rentals, but the partner has physical access to the machine. Use public or synthetic data only. No SLA. If the machine is withdrawn, or offline for more than 15 minutes, during your rental, billing stops and the whole rental is credited back to you. After a withdrawal or an outage the workspace is kept for 24 hours so you can copy data off if the machine is reachable, then wiped.

• Location. The machine is at the partner's own premises, which may be outside the EU, not in EU-Central as section 3 states for our own hardware.
• Physical access. We operate the machine remotely with a locked operating system and wipe it between rentals, but the partner has physical access to the machine. What a partner can and cannot access is described in our Privacy Policy, section 5a, clause 9 of the data processing agreement, and our list of sub-processors.
• Data. Use the Partner tier for public or synthetic data only.
• No SLA. No service level agreement is available for the Partner tier.
• Withdrawal or outage. If the machine is withdrawn, or offline for more than 15 minutes, during your rental, billing stops and the whole rental is credited back to you. After a withdrawal or an outage the workspace is kept for 24 hours so you can copy data off if the machine is reachable, then wiped.