Terms of services

Effective Date: [Insert Date]

Welcome to ClustAI.net, a premier marketplace for renting GPU (Graphics Processing Unit) computing power. These Terms of Service (TOS) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User”, “you”) and ClustAI.net (“Company”, “we”, “us”, or “our”), concerning your access to and use of the ClustAI.net website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”).

1. Agreement to Terms

By accessing or using the Website, you agree to be bound by these TOS and our Privacy Policy, found at [Insert Privacy Policy URL], incorporated herein by reference. If you do not agree to these TOS, do not access or use the Website.

2. Intellectual Property Rights

The Website and its original content, features, and functionality are and will remain the exclusive property of ClustAI.net and its licensors.

3. User Representations

By using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Website does not violate any applicable law or regulation.

4. User Registration

You may be required to register with the Website to access certain services. You agree to keep your password confidential and will be responsible for all use of your account and password.

5. Marketplace Offerings

ClustAI.net facilitates the rental of GPU computing power. The performance and availability of computing power may vary, and ClustAI.net acts only as an agent between GPU providers and users.

6. Purchases and Payment

ClustAI.net accepts payments globally through Stripe. You agree to provide current, complete, and accurate purchase and account information for all transactions at the Website.

7. Refunds Policy

All payments for computing power used are non-refundable. By confirming a transaction, you acknowledge that you have used the service and that any payment made is final and non-refundable.

8. Prohibited Activities

You are prohibited from using the Website for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, or to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

9. User Generated Contributions

The Website may allow you to create, post, publish, share, store, or manage ideas, opinions, recommendations, or advice in written, graphic, audiovisual, or other forms (“User Contributions”). You are solely responsible for your User Contributions and the consequences of posting or publishing them.

10. Contribution License

By posting your Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose.

11. Social Media

For users interacting with our social media managed pages, you are subject to the terms and conditions as well as privacy policies of those social media platforms.

12. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are non-confidential and shall become our sole property.

13. Third-Party Websites and Content

The Website may contain (or you may be sent through the Website) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we do not warrant the offerings of any of these entities/individuals or their websites.

14. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Website for violations of these TOS; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these TOS; (3) manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

15. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy [Insert URL]. By using the Website, you agree to be bound by our Privacy Policy, which is incorporated into these TOS.

16. Term and Termination

These TOS shall remain in full force and effect while you use the Website. We may terminate or suspend your account and bar access to the Website at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these TOS.

17. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Website without notice at any time.

18. Governing Law

These TOS and your use of the Website are governed by and construed in accordance with the laws of Singapore applicable to agreements made and to be entirely performed within Singapore, without regard to its conflict of law principles.

19. Dispute Resolution

Any disputes arising out of or related to these TOS and the Website shall be handled individually without any class action, and shall be governed by, construed, and enforced in accordance with the laws of Singapore. Mediation and arbitration shall be considered as first options before any other action. SIAC  (Singapore Arbitration International Court) shall be considered as Arbitration organization.

20. Corrections

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

21. Disclaimer

The Website is provided on an as-is and as-available basis. You agree that your use of the Website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Website and your use thereof.

22. Limitations of Liability

ClustAI.net shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from your use of, or inability to use, the Website.

23. Indemnification

You agree to defend, indemnify, and hold harmless ClustAI.net and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Website, or b) a breach of these Terms of Service

24. User Data Management and Compliance

Data Handling Compliance

Users agree to comply with all applicable laws and regulations regarding data manipulation, processing, and storage within their jurisdiction. This includes, but is not limited to, adhering to the General Data Protection Regulation (GDPR) for users within the European Union, the Personal Data Protection Act (PDPA) for users in Singapore, and similar data protection laws applicable in other jurisdictions.

Responsibility for Data

Users are solely responsible for ensuring that data processed or stored through the use of ClustAI.net’s services comply with all relevant laws and regulations. Users must ensure that data are handled in a secure manner, with appropriate measures taken to protect against unauthorized access, loss, destruction, or alteration.

Prohibited Use by Certain Countries

ClustAI.net reserves the right to restrict access to the Website and its services from certain countries that are on international watchlists or sanctions lists, including but not limited to countries subject to restrictions by the United Nations, the United States government, the European Union, or Singapore. Users located in, or citizens of, such countries are not permitted to use ClustAI.net’s services. It is the user’s responsibility to ensure that they are not accessing or using ClustAI.net’s services from any such restricted country.

25. Legal Compliance and Jurisdiction

Users must ensure that their use of ClustAI.net’s services, including the processing, storage, and transmission of data, complies with all applicable laws and regulations of their jurisdiction. This includes, but is not limited to, laws relating to data privacy, international communications, and the exportation of technical or personal data.

Governing Law

These TOS and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Singapore.

Jurisdiction

Any disputes arising out of or in connection with these TOS shall be submitted to the exclusive jurisdiction of the courts of Singapore.

26. Modification of Terms

ClustAI.net reserves the right, at our sole discretion, to modify or replace these TOS at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 

 

27. Contact Information

For any questions or comments regarding these TOS, please contact us at:

[+852 9456 6698]
By accessing or using ClustAI.net, you acknowledge that you have read, understood, and agree to be bound by these TOS, including any future modifications, and to comply with all applicable laws, regulations, and restrictions

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