Terms of Service

1. Acceptance of Terms

Welcome to Podstack. These Terms of Service ("Terms") govern your access to and use of the Podstack platform, including our website at podstack.ai, GPU cloud computing services, APIs, and related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Podstack provides cloud-based GPU computing infrastructure and related services, including:

• GPU Compute: On-demand access to NVIDIA GPUs including H100, A100, L40S, RTX 4090, and other accelerators.
• ML Studio: Integrated development environment for machine learning workflows.
• Model Training & Finetuning: Infrastructure for training and fine-tuning ML models.
• Model Deployment: Serverless inference endpoints and deployment pipelines.
• Storage Services: Object storage, NFS volumes, and persistent storage solutions.
• Container Services: Docker-based pods, Jupyter notebooks, and custom environments.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with reasonable notice when practicable.

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.3 Account Security

• You are responsible for all activities that occur under your account.
• You must immediately notify us of any unauthorized use of your account.
• We recommend enabling multi-factor authentication (MFA).
• You may not share your account credentials with third parties.

4. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may NOT use our Services to:

• Violate any applicable laws, regulations, or third-party rights.
• Engage in cryptocurrency mining of any kind, or run blockchain, validator, staking, or other crypto network nodes.
• Distribute malware, viruses, or other harmful code.
• Conduct distributed denial-of-service (DDoS) attacks or network scanning.
• Send spam, phishing emails, or fraudulent communications.
• Generate, train, or distribute content involving child sexual abuse material (CSAM).
• Train AI models for autonomous weapons or mass surveillance systems.
• Circumvent security measures, access controls, or usage limits.
• Reverse engineer, decompile, or attempt to extract source code from our Services.
• Resell or redistribute the Services without authorization.

5. Payment and Billing

5.1 Pricing

All prices are displayed in Indian Rupees (INR) or US Dollars (USD) as applicable. Pricing is subject to change with 30 days' notice for existing customers.

5.2 Billing

• Pay-as-you-go: Usage is billed based on actual consumption (per-minute/per-hour/per-GB).
• Prepaid Credits: Purchase credits in advance at discounted rates.
• Subscriptions: Monthly or annual plans with committed usage.

5.3 Payment Methods

We accept credit cards, debit cards, UPI, net banking, and wire transfers (for enterprise customers). Payments are processed securely through Razorpay.

5.4 Taxes

All prices are exclusive of applicable taxes (GST, VAT, etc.) unless otherwise stated. You are responsible for paying all taxes associated with your use of the Services.

5.5 Refunds & Cancellation

Prepaid credits are non-refundable except as required by law or in cases of service defects. For subscription plans, refunds are prorated based on the unused portion of the current billing cycle. Eligible refunds are credited back to the original payment method within 5-7 business days.

You may cancel your subscription or services at any time from the customer portal or by emailing billing@podstack.ai. Your service remains active until the end of the current billing period. For full details, see our Refund & Cancellation Policy.

6. Service Level Agreement (SLA)

6.1 Uptime Commitment

We target 99.9% monthly uptime for our core GPU compute and API services. This excludes scheduled maintenance (announced 48 hours in advance) and events beyond our reasonable control.

6.2 Service Credits

6.3 Claiming Credits

To claim service credits, submit a request to support@podstack.ai within 30 days of the incident. Credits are applied to future invoices and cannot be exchanged for cash.

7. Intellectual Property

The Services, including all software, interfaces, documentation, logos, and trademarks, are owned by Podstack and protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable license to use the Services.

You retain all intellectual property rights in your content, including models, datasets, and code that you upload or create using our Services. We claim no ownership over your intellectual property.

If you provide feedback, suggestions, or ideas about the Services, you grant us a royalty-free, worldwide, perpetual license to use, modify, and incorporate such feedback into our Services.

8. User Content and Data

You are solely responsible for all data, code, models, and other content that you upload, store, or process using our Services ("User Content"). You represent that you have all necessary rights to use such content.

• We process User Content solely to provide the Services to you.
• We do not access, use, or share User Content except as necessary for service delivery.
• We do not use your data to train our own AI models without explicit consent.

Upon account termination or your request, we will delete your User Content within 30 days, except where retention is required by law or for legitimate business purposes.

9. Confidentiality

Both parties agree to maintain the confidentiality of any non-public information disclosed during the use of Services, including technical documentation, API specifications, pricing, business plans, and User Content.

This confidentiality obligation survives termination of these Terms for a period of three (3) years.

10. Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PODSTACK SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, OR SERVICE INTERRUPTIONS BEYOND OUR REASONABLE CONTROL.

Our total cumulative liability for any claims arising from or related to these Terms shall not exceed the greater of: (a) the fees paid by you in the twelve (12) months preceding the claim, or (b) INR 50,000.

11. Indemnification

You agree to indemnify, defend, and hold harmless Podstack, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Services.
• Your violation of these Terms.
• Your User Content or intellectual property infringement.
• Your violation of any applicable laws or third-party rights.

12. Termination

12.1 Termination by You

You may terminate your account at any time through the account settings or by contacting support. You remain responsible for any outstanding charges.

12.2 Termination by Us

We may suspend or terminate your account if you violate these Terms or the Acceptable Use Policy, your account has been inactive for 12+ months, we are required to do so by law, or we discontinue the Services.

12.3 Effect of Termination

Upon termination, your right to access the Services ceases immediately. You may request a copy of your data within 30 days of termination. Sections that by their nature should survive (including Confidentiality, Limitation of Liability, Indemnification) will survive termination.

13. Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Before initiating formal proceedings, both parties agree to attempt good-faith negotiations for at least 30 days by contacting legal@podstack.ai.

Any disputes that cannot be resolved informally shall be settled by binding arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Bangalore, Karnataka, India. The language of arbitration shall be English.

For claims not subject to arbitration, the courts of Bangalore, Karnataka, India shall have exclusive jurisdiction.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Podstack regarding the Services.
• Modifications: We may modify these Terms from time to time. Material changes will be communicated via email or prominent notice on our website at least 30 days in advance.
• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• No Waiver: Failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Force Majeure: Neither party shall be liable for delays or failures in performance resulting from events beyond reasonable control.

15. Contact Information