Terms of Service
These Terms of Service ("Terms") govern your access to and use of the DEGIMA AI Computing Cloud platform ("Service") operated by DEGIMA AI, Inc., a Delaware corporation ("Company," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms.
1. Eligibility
You must be at least 18 years old and a resident of the United States to use the Service. By using the Service, you represent and warrant that you meet these requirements and have the legal capacity to enter into these Terms.
2. Account Registration
You register for the Service by signing in with your Google account through our authentication provider. You are responsible for maintaining the security of your account credentials, SSH keys, and any personal access tokens ("PATs") generated through the Service. You must immediately notify us of any unauthorized use of your account.
3. Service Description
DEGIMA AI Computing Cloud provides on-demand access to GPU computing resources ("Pods"). Each Pod is a dedicated container with SSH access. Usage is billed in one-hour increments (partial hours rounded up) against your prepaid credit balance, as described in Section 6. The Service is accessible through our web dashboard and command-line interface ("CLI").
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
4. Shared Responsibility
The Service is an infrastructure platform. Our responsibilities include the computing, networking, storage, and related platform components we operate to deliver Pods, the web dashboard, authentication integration, billing based on your usage, and the technical and organizational security measures we apply to that platform.
Your responsibilities include everything inside and connected to your Pods that you control: the container environment, operating system and security patches, software you install, credentials and SSH keys you manage, firewall and network configuration, data you store or transmit (including choices about encryption and backups), and compliance with applicable law in how you use the Service.
We do not monitor the contents of your workloads except as needed to operate the Service, enforce these Terms and the Acceptable Use Policy, or comply with law.
5. Export Controls and Sanctions
You represent and warrant that (a) you are not designated on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List; (b) you are not located in, ordinarily resident in, or using the Service on behalf of any person or entity located in or ordinarily resident in a country or region subject to comprehensive U.S. trade embargoes (including, without limitation, Cuba, Iran, North Korea, and Syria, and other jurisdictions or regions subject to comparable restrictions under applicable U.S. law); and (c) you will comply with all applicable export control, sanctions, and anti-corruption laws in your use of the Service, including the Export Administration Regulations and OFAC sanctions programs, as they may apply to high-performance computing services.
We may refuse service, suspend, or terminate access if we reasonably believe such action is required to comply with applicable law or to mitigate sanctions or export-control risk.
6. Credits and Payment
- Prepaid Credits. The Service operates on a prepaid credit model. You purchase credits in US dollars through Stripe, our payment processor. Credits are applied to your account balance and consumed while Pods are running according to the hourly billing rules below.
- Welcome Credit. New accounts receive a one-time welcome credit. This credit is non-transferable and subject to these Terms.
- Non-Refundable. All credit purchases are final and non-refundable, except as required by applicable law.
- Pricing. Hourly rates for Pods and the prices at which you may purchase credits are subject to change. Current rates are displayed on the Service.
- Billing. Pod usage is billed in one-hour increments, with partial hours rounded up.
- Balance and stoppage. While a Pod is running, we deduct charges from your prepaid balance according to these billing increments. If your balance reaches zero, or we reasonably expect it will reach zero before the next charge (for example, because projected usage would exceed your remaining credits), we may stop active Pods. You are responsible for monitoring your balance and for any loss of work or availability that results from such stoppage.
- Taxes. Fees are stated exclusive of applicable sales, use, value-added, or similar taxes unless otherwise indicated at checkout. You are responsible for any taxes imposed on your purchases, other than taxes based on our net income. If we are required to collect such taxes, they may be added to your charges. You will provide accurate tax information and cooperate with reasonable requests to establish tax status.
7. Acceptable Use
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations may result in immediate suspension or termination of your account.
8. Intellectual Property
You retain all rights to the data, code, and content you upload to or create on the Service. We claim no ownership over your content. However, you grant us a limited license to host and transmit your content solely as necessary to provide the Service.
The DEGIMA name, logo, and all related trademarks are the property of DEGIMA AI, Inc. You may not use our trademarks without prior written consent.
9. Data and Privacy
Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to the practices described therein.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or secure. We do not guarantee any specific level of uptime, performance, or availability. You use the Service at your own risk.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEGIMA AI, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless DEGIMA AI, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service or your violation of these Terms.
13. Termination
You may terminate your account at any time through the Settings page. We may suspend, restrict, or terminate your account or access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. Any remaining credit balance is non-refundable upon termination.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising out of or related to these Terms or the Service shall be resolved exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.
15. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the revised Terms on the Service with an updated effective date. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
16. General Provisions
- If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
- Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
- These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and DEGIMA AI, Inc. regarding the Service.
- Electronic communications. You consent to receive agreements, notices, disclosures, and other communications from us in electronic form (including by email or by posting on the Service). Such communications satisfy any legal requirement that they be in writing.
- Feedback. If you provide suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without obligation to you.
17. Publicity
Unless you notify us in writing at support@degima.ai that you opt out, we may identify you by name and logo (if applicable) as a customer of the Service on our website and in marketing materials. You grant us a non-exclusive license to use your name and logo solely for that purpose. If you opt out, we will cease new uses promptly; existing materials may be updated on a reasonable schedule.
18. California Consumer Notice
Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
19. Contact
If you have questions about these Terms, please contact us at support@degima.ai.