These Terms of Service (“ToS”) govern your use of the Oblivus Cloud platform and related services provided by Oblivus Limited. By accessing or using Oblivus Cloud, you agree to be bound by these ToS, as well as Oblivus Limited's Privacy Policy, which is incorporated into these ToS by reference.
Oblivus Cloud provides scalable, resilient, and cost-effective GPU cloud computing services to its customers. The services offered by Oblivus Cloud include, but are not limited to:
a) Virtual Machine Instances: Oblivus Cloud provides virtual machine instances (“VMs”) that are optimized for GPU/CPU computing, which allow customers to run their workloads on powerful NVIDIA GPUs or state-of-the-art CPUs.
b) Storage: Oblivus Cloud provides persistent block and network storage for VMs, which allows customers to store and access data.
c) Networking: Oblivus Cloud provides a high-speed, low-latency network that enables customers to communicate with their VMs and transfer data between VMs.
d) Monitoring: Oblivus Cloud provides tools for monitoring the performance and health of VMs.
a) Compliance: Customers are responsible for ensuring that their use of Oblivus Cloud complies with all applicable laws, regulations, and third-party rights.
b) Security: Customers are responsible for securing their VMs, data, and user accounts, and for taking appropriate measures to prevent unauthorized access or use of Oblivus Cloud.
c) User Content: Customers are solely responsible for any content, data, or materials (“User Content”) that they upload or store on Oblivus Cloud. Oblivus Limited does not monitor or control User Content, and is not responsible for its accuracy, completeness, or legality.
d) Backup: Customers are responsible for backing up their data, as Oblivus Limited does not guarantee the availability, durability, or integrity of data stored on Oblivus Cloud.
e) Prohibited Conduct: Customers must not engage in any activity that interferes with or disrupts Oblivus Cloud or its networks, or that damages or impairs the performance of Oblivus Cloud, including but not limited to:
a) Fees: Customers must pay the fees associated with their use of Oblivus Cloud as set forth in the pricing schedule on the Oblivus Cloud website.
b) Payment: Customers must provide Oblivus Limited with a valid payment method, and authorize Oblivus Limited to charge the fees associated with their use of Oblivus Cloud to the payment method.
c) Taxes: Customers are responsible for paying any applicable taxes, including but not limited to sales tax, use tax, or value-added tax, that may be imposed on their use of Oblivus Cloud.
d) Changes to Fees: Oblivus Limited reserves the right to change the fees associated with Oblivus Cloud at any time, but will provide customers with notice of any such changes.
a) Oblivus Limited Ownership: Oblivus Cloud and all related software, trademarks, logos, and other intellectual property are owned by Oblivus Limited or its licensors, and are protected by copyright, trademark, and other intellectual property laws.
b) User Content Ownership: Customers retain ownership of all User Content uploaded or stored on Oblivus Cloud.
c) Feedback: If a customer provides Oblivus Limited with any feedback or suggestions regarding Oblivus Cloud, Oblivus Limited may use such feedback or suggestions for any purpose, without any obligation to the customer.
d) By registering for Oblivus services, customers grant permission for us to use the logo of their company, institution, or entity (if it exists) on our website. If a customer or the related company, institution, or entity wishes to revoke this permission, they may request the removal of the logo by contacting us at [email protected]. We will promptly comply with such requests.
a) Termination by Customer: Customers may terminate their use of Oblivus Cloud at any time by deleting their VMs and terminating their accounts.
b) Termination by Oblivus Limited: Oblivus Limited may terminate a customer’s use of Oblivus Cloud at any time for any reason, including but not limited to violation of these ToS or any applicable law.
c) Effect of Termination: Upon termination of a customer’s use of Oblivus Cloud, all VMs and User Content associated with the customer’s account will be deleted, and Oblivus Limited will have no obligation to provide any further services to the customer.
OBLIVUS CLOUD IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OBLIVUS LIMITED DOES NOT WARRANT THAT THE USE OF OBLIVUS CLOUD WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. OBLIVUS LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF ANY PRODUCTS OR SERVICES OBTAINED THROUGH OBLIVUS CLOUD.
a) Exclusion of Damages: IN NO EVENT WILL OBLIVUS LIMITED BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TOS OR THE USE OF OBLIVUS CLOUD, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF OBLIVUS LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b) Liability Cap: OBLIVUS LIMITED’S LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TOS OR THE USE OF OBLIVUS CLOUD WILL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER TO OBLIVUS LIMITED DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Customers agree to indemnify, defend, and hold harmless Oblivus Limited, its officers, directors, employees, and agents, from and against any claims, actions, suits, or proceedings, as well as any damages, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the customer’s use of Oblivus Cloud, any User Content uploaded or stored on Oblivus Cloud by the customer, or any violation by the customer of these ToS or any applicable law.
These ToS will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law. The parties agree that any disputes arising out of or in connection with these ToS will be resolved exclusively by arbitration in London, England, under the rules of the International Chamber of Commerce. The award rendered by the arbitrator(s) will be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction.
Oblivus Limited reserves the right to modify these ToS at any time, without prior notice to customers. Customers are responsible for regularly reviewing the ToS to be aware of any changes. The continued use of Oblivus Cloud after any such changes constitutes the customer’s acceptance of the revised ToS.
a) Entire Agreement: These ToS constitute the entire agreement between Oblivus Limited and customers regarding the use of Oblivus Cloud and supersede all prior agreements and understandings, whether written or oral.
b) Assignment: Customers may not assign or transfer their rights or obligations under these ToS without the prior written consent of Oblivus Limited.
c) Notices: Any notices required or permitted to be given under these ToS must be in writing and will be deemed to have been given upon receipt.
d) Waiver: The failure of Oblivus Limited to exercise or enforce any right or provision of these ToS will not constitute a waiver of such right or provision.
e) Severability: If any provision of these ToS is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
f) Force Majeure: Oblivus Limited will not be liable for any failure or delay in performance due to any cause beyond its reasonable control, including but not limited to war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, or accidents.
By using Oblivus Cloud, customers agree to be bound by these ToS. If a customer does not agree to these ToS, the customer should not use Oblivus Cloud.
a) Dispute Resolution: In the event of any dispute arising out of or relating to these ToS or Oblivus Cloud, the parties will first attempt to resolve the dispute through informal negotiations. If the parties are unable to resolve the dispute through informal negotiations, the dispute will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in the state of New York, USA.
b) Governing Law: These ToS will be governed by and construed in accordance with the laws of the state of New York, USA, without giving effect to any principles of conflicts of law.
If you have any questions or concerns about these ToS, please contact us at [email protected].