InstantGPU
Master customer terms for GPU Cloud, Serverless and Public Endpoints
Contracting Entity and Acceptance
These Terms of Service (the "Terms") are an agreement between Qmoniqs Software Private Limited, operating the InstantGPU service ("InstantGPU", "we", "us", "our"), and the person or legal entity using the Services ("Customer", "you", "your"). By creating an account, clicking acceptance, placing an order, purchasing credits, deploying resources or otherwise using the Services, you agree to these Terms.
Services
InstantGPU provides a technology platform through which Customers may access GPU computing, serverless workloads, public AI endpoints and related services. InstantGPU may provision resources through third-party infrastructure providers and may provision or migrate workloads in accordance with these Terms. InstantGPU does not automatically migrate a workload across countries or regions; a Customer must initiate a region change.
Third-Party Infrastructure
The Services may depend on infrastructure supplied by third-party GPU and cloud infrastructure providers selected or engaged by InstantGPU from time to time. InstantGPU may add, remove or replace such providers without notice, subject to any data-location or other commitments expressly stated in an order or DPA.
Accounts and Credentials
You must provide accurate registration information and maintain the confidentiality of account credentials, API keys and access tokens. You are responsible for activity conducted through your account unless caused by InstantGPU's breach of its security obligations. Notify us promptly of suspected unauthorized access.
Customer Data and Workloads
You retain ownership of Customer Data and content submitted to the Services, subject to the rights needed to operate the Services. You are responsible for having all rights, permissions and lawful bases required to upload, process, transmit or otherwise use Customer Data and workloads.
Acceptable Use
You must comply with the Acceptable Use Policy ("AUP"), which is incorporated into these Terms. We may suspend or terminate access where reasonably necessary to address security threats, unlawful activity, abuse, provider requirements or material violations of the AUP.
Fees, Billing and Credits
Fees are as displayed at the time of purchase or as stated in an order. Usage is measured by InstantGPU's billing systems. Prepaid credits represent a right to consume eligible Services and are generally non-refundable (see the Refund & Cancellation Policy). You authorize InstantGPU and its payment processors to charge the payment method on file for fees, taxes and auto-recharge amounts where enabled.
Taxes
Prices exclude applicable taxes unless stated otherwise. You are responsible for GST, VAT, sales tax, withholding tax and similar charges. InstantGPU will collect taxes where legally required.
Service Levels
Availability commitments, if any, are set out in the Service Level Agreement (SLA) and apply only to expressly SLA-eligible services. Community, marketplace, spot, beta and free services are provided on an "as available" basis.
Security
InstantGPU implements reasonable technical and organizational measures appropriate to the nature of the Services. Customers remain responsible for securing their own credentials, workloads, data and configurations. See the Security & Shared Responsibility Policy.
Data Protection
Where InstantGPU processes personal data on behalf of a Customer, the Data Processing Agreement (DPA) applies. InstantGPU acts as a processor (or equivalent) for Customer personal data processed to provide the Services, and as a controller for account, billing and operational data.
Intellectual Property
InstantGPU receives a limited, non-exclusive right to host, process, transmit, store and otherwise handle Customer Data solely as necessary to provide, secure, maintain and support the Services, and as otherwise expressly authorized by the Customer or permitted by applicable law. InstantGPU does not use Customer workload content to train foundation models or general-purpose AI models.
AI and Model Outputs
AI models and generative systems can produce inaccurate, incomplete, biased or unexpected results. InstantGPU does not guarantee the accuracy, legality or fitness of any model output. Customers are solely responsible for validating outputs and for compliance with model licenses and applicable law. See the AI & GPU Compute Disclaimer.
Confidentiality
Each party will protect the other party's confidential information with reasonable care and use it only for purposes of the relationship. Confidentiality obligations survive termination for three (3) years (or longer for trade secrets).
Suspension
InstantGPU may suspend access immediately where reasonably necessary to address security risks, AUP violations, non-payment, legal requirements or provider instructions. Where practicable, InstantGPU will provide notice and an opportunity to remediate.
Term and Termination
These Terms continue while you use the Services. Either party may terminate for convenience on reasonable notice where the relationship is not under a fixed-term order. InstantGPU may terminate for material breach after reasonable notice (or immediately for serious security, legal or AUP issues), insolvency where legally permitted, or discontinuation of the relevant service. Termination does not eliminate accrued payment obligations.
Data Deletion
After termination, Customer Data will be handled according to the Data Retention & Deletion Policy and applicable DPA. You are responsible for exporting data before termination where export is available.
Disclaimers
Except to the extent expressly stated in an SLA or mandatory law, the Services are provided on an "as available" basis. We do not guarantee that the Services will be uninterrupted, error-free, secure against every threat, or suitable for every workload. AI outputs, model performance and third-party infrastructure performance are not guaranteed.
Limitation of Liability
To the maximum extent permitted by applicable law, each party's aggregate liability arising from the Services will be limited to the fees paid or payable by Customer for the affected Services during the twelve (12) months preceding the event giving rise to the claim. Neither party will be liable for indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or business, except to the extent such limitation is prohibited by law.
Indemnification
Customer will defend and indemnify InstantGPU against third-party claims arising from Customer Data, Customer's unlawful use of the Services, violation of the AUP, infringement caused by Customer content, or breach of applicable law.
Export Controls and Sanctions
You must comply with applicable export-control, sanctions and trade laws and must not use the Services in prohibited jurisdictions, for prohibited parties or prohibited purposes. We may refuse, suspend or terminate access where required by applicable law or provider restrictions.
Dispute Resolution and Governing Law
These Terms are governed by the laws of India, excluding conflict-of-law principles. Courts and tribunals located in Gurgaon (Haryana), India will have exclusive jurisdiction, subject to any mandatory rights and any enterprise agreement providing for arbitration or another mechanism.
General
These Terms, together with incorporated policies and applicable orders, form the entire agreement between the parties. If there is a conflict, an order/MSA controls for its subject matter, followed by the DPA for data-processing matters, then these Terms and incorporated policies. Neither party may assign the agreement except as permitted. Notices must be sent to the designated contacts.
Documents Incorporated by Reference
- Privacy Policy
- Cookie Policy
- Acceptable Use Policy
- Refund & Cancellation Policy
- Billing & Payment Terms
- Service Level Agreement
- Third-Party Infrastructure & Provider Disclaimer
- AI & GPU Compute Disclaimer
- Security & Shared Responsibility Policy
- Data Processing Agreement (where applicable)
- Subprocessor & Third-Party Providers Policy
- Data Retention & Deletion Policy
- Data Residency & Transfers Policy
- Export Control & Sanctions Policy
- Copyright / DMCA Policy
- Applicable Service-Specific Terms (GPU Cloud, Serverless, Public Endpoints)
Qmoniqs Software Private Limited
C 2518, Sushant Lok 1, Sector 43, Gurgaon 122002 (Haryana), India
Email: [email protected]
Website: https://instantgpu.ai
