Terms of Service
These Terms of Service ("Terms") govern your access to and use of Clearly's services, including our website, APIs, and GPU orchestration platform (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.
2. Description of Services
Clearly provides a unified gateway to GPU cloud infrastructure. Our Services include:
- Access to GPU compute resources from multiple third-party providers
- Job routing and orchestration across providers
- Unified billing and credit management
- APIs and tools for managing GPU workloads
We act as a broker and orchestration layer between you and third-party GPU cloud providers. We do not own or operate the underlying GPU infrastructure.
3. Account Registration
To use our Services, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
4. Acceptable Use
You agree not to use our Services to:
- Violate any applicable laws or regulations
- Infringe upon the intellectual property rights of others
- Transmit malware, viruses, or other harmful code
- Engage in cryptocurrency mining without explicit authorization
- Conduct activities that could harm minors
- Generate, distribute, or store illegal content
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the integrity or performance of our Services
- Circumvent any usage limits or access controls
5. Payment and Billing
5.1 Credits System
Our Services operate on a prepaid credits system. You must maintain a positive credit balance to use compute resources. Credits are non-refundable except as required by law.
5.2 Pricing
Pricing for compute resources is displayed in your dashboard before job submission. Prices may vary based on provider, GPU type, and availability. We charge the underlying provider cost plus a transparent margin.
5.3 Billing
Credits are deducted from your account based on actual compute usage. You can view detailed billing information in your dashboard at any time.
6. Service Level and Availability
We strive to provide reliable Services but do not guarantee uninterrupted availability. Our Services depend on third-party providers, and we are not responsible for their availability or performance.
We may suspend or limit access to Services for maintenance, security concerns, or violations of these Terms.
7. Data and Privacy
Your use of our Services is subject to our Privacy Policy. You retain ownership of any data you upload or process through our Services.
You are responsible for ensuring that your use of the Services complies with applicable data protection laws, including GDPR where applicable.
8. Intellectual Property
All intellectual property rights in our Services, including our platform, APIs, documentation, and branding, remain with Clearly B.V. or our licensors.
We grant you a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms.
9. Third-Party Providers
Our Services integrate with third-party GPU cloud providers. Your use of resources from these providers may be subject to their own terms of service. We are not responsible for the actions, content, or practices of third-party providers.
10. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEARLY B.V. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
- Your use or inability to use our Services
- Any unauthorized access to or use of our servers or data
- Any interruption or cessation of transmission to or from our Services
- Any bugs, viruses, or other harmful code transmitted through our Services
Our total liability shall not exceed the amount you paid to us in the 12 months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless Clearly B.V., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our Services or violation of these Terms.
13. Termination
You may terminate your account at any time by contacting us. We may suspend or terminate your access to our Services at any time for violation of these Terms or for any other reason with notice.
Upon termination, your right to use our Services will immediately cease. Any unused credits may be forfeited except as required by law.
14. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by email or through our Services. Your continued use of our Services after such notification constitutes acceptance of the modified Terms.
15. Governing Law
These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our Services shall be subject to the exclusive jurisdiction of the courts in Amsterdam, Netherlands.
16. Contact Information
If you have questions about these Terms, please contact us:
Clearly B.V.
Keizersgracht 520
1017 EK Amsterdam
Netherlands
Email: legal@clearly.eu