Terms & Conditions

Last updated on January 31, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES OFFERED BY TENSORPOOL (“TENSORPOOL,” “WE,” OR “US”). BY EXECUTING AN ORDER FORM REFERENCING THESE TERMS (EACH, A “SERVICE ORDER”) OR BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU (“CUSTOMER” OR “YOU”) AGREE TO BE BOUND BY THESE TERMS (TOGETHER WITH ALL SERVICE DESCRIPTIONS AND SERVICE ORDERS, IF ANY, THE “AGREEMENT”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, “CUSTOMER” REFERS TO THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.

1. SCOPE OF SERVICE AND RESTRICTIONS

Access and Use

Subject to your compliance with this Agreement, TensorPool will make its distributed computing services (“Services”) available to you as described in the applicable Service Order. Your use of the Services is solely for your internal business purposes. You may use the Services with third-party data, which remains your responsibility.

Modifications

TensorPool reserves the right to modify, discontinue, or terminate the Services at any time. Changes will be communicated via our website or other appropriate means.

Trial Use

If you access the Services on a trial basis, the Services are provided “as is,” without warranties or guarantees. Trial usage may be subject to additional limitations outlined in the applicable Service Order.

Restrictions

You agree not to: (i) remove proprietary notices from the Services; (ii) reverse engineer or attempt to discover the underlying structure of the Services; (iii) rent, resell, or grant unauthorized access to third parties.

Ownership

TensorPool retains all intellectual property rights related to the Services. Any feedback you provide grants TensorPool a perpetual, royalty-free license to use that feedback for improvements.

2. CUSTOMER DATA

Responsibilities

You are responsible for all data uploaded to the Services, including compliance with applicable laws. Customer Data may be deleted upon termination of your account.

Use of Customer Data

You grant TensorPool a limited license to process your data as necessary to provide the Services. TensorPool will not sell or use personal data for marketing purposes.

Aggregated Data

TensorPool may use anonymized, aggregated data derived from Customer Data for service improvement and analytics.

3. FEES AND PAYMENT

Fees

You agree to pay fees as specified in your Service Order. Fees are non-refundable, and failure to pay may result in service suspension.

Billing & Taxes

TensorPool will invoice you based on the agreed billing cycle. You are responsible for any applicable taxes.

4. TERM AND TERMINATION

Term

This Agreement remains effective for the duration specified in the applicable Service Order.

Termination

Either party may terminate this Agreement in case of a material breach, insolvency, or failure to pay. Upon termination, you must cease using the Services and remove any confidential information obtained.

5. CONFIDENTIALITY

Each party may share confidential information under this Agreement. The receiving party must maintain confidentiality and not disclose or use the information beyond the scope of this Agreement.

6. INDEMNIFICATION

You agree to defend and indemnify TensorPool against any third-party claims related to your use of the Services, data, or violation of applicable laws.

7. WARRANTY DISCLAIMER

TensorPool provides Services on an “as-is” basis without warranties of any kind, including but not limited to merchantability or fitness for a particular purpose.

8. LIMITATION OF LIABILITY

In no event shall TensorPool be liable for indirect, incidental, or consequential damages. Liability for all claims under this Agreement shall not exceed the total fees paid by you in the last twelve (12) months.

9. MISCELLANEOUS

Compliance

You agree to comply with all applicable laws, including export controls and data privacy regulations.

Governing Law

This Agreement shall be governed by and construed under the laws of the State of California, with jurisdiction in California courts.

Assignment

You may not assign this Agreement without TensorPool’s prior written consent.

Publicity

You grant TensorPool permission to identify you as a customer in marketing materials unless you opt out in writing.

Entire Agreement

This Agreement constitutes the complete agreement between the parties and supersedes all prior discussions and agreements.

For any questions regarding these Terms of Service, please contact us at team@tensorpool.dev.