Terms of Service

ClockingCloud provides on-demand GPU compute and an orchestration harness for running and serving open-weight generative models, including image and video models, with configuration declared in YAML and managed through our console, CLI and API.

We may add, change, suspend or discontinue features, models, regions, hardware types or pricing. Where a change is materially adverse and affects prepaid, unused credits, we will give notice by email or in the console.

Some features are labeled early access, beta or preview. They are provided as-is, may change or be withdrawn, and may not be covered by any availability commitment.

You must be at least 18 years old, or the age of majority where you live, and able to form a binding contract. The Services are not directed at children.

You agree to provide accurate and current registration information, including your name, email address, country and phone number, and to keep it up to date. We may use it to verify your identity, prevent fraud and meet legal obligations.

You are responsible for all activity under your account, for keeping your password, SSH keys and API credentials confidential, and for promptly telling us at the address below if you suspect unauthorized access. We are not liable for loss caused by credentials you failed to protect.

One person or organization may not maintain multiple accounts to evade limits, suspensions, or pricing.

The Services are prepaid. You add funds to your account in the amounts we offer or a custom amount within the limits shown at checkout. Funds are held as account credits denominated in U.S. dollars.

Usage is metered at the rates published in the console or in your order and is deducted from your credit balance as it accrues. Rates are expressed per second or per unit as stated and may differ by hardware type, model and region. You are responsible for all usage charged to your account, including instances left running.

Payments are processed by our payment provider, Stripe. By adding funds you authorize the charge to your selected payment method. We do not store full card numbers. Your use of Stripe is also subject to Stripe's terms.

No refunds. All purchases of credits are final. We do not refund credits purchased, whether used or unused, to your payment method or in cash, including when you stop using the Services or close your account, except where applicable law requires it. The only remedy for compute lost to a disruption on our side is a service credit under "Service credits for lost compute" below, and that credit is not a refund.

Credits are non-transferable, are not a deposit or stored-value account, do not earn interest, and cannot be redeemed for cash, except where applicable law requires otherwise or where we state otherwise in writing. Unless required by law, unused credits may expire after twelve months of account inactivity, and we will give you notice before any expiry.

If your balance reaches zero we may stop or pause running instances, and we may delete data stored on ephemeral resources. Data in persistent volumes may be retained for a limited period, after which it may be deleted. Keep your balance funded and keep your own backups.

Prices exclude taxes unless stated. You are responsible for any sales, use, value added, goods and services, or similar taxes, and we may collect them where required.

If you believe a charge is wrong, contact us within 60 days of the charge. We will investigate in good faith. Chargebacks filed without first contacting us may result in suspension.

You may use the Services only for lawful purposes and in line with this section. You agree not to, and not to allow anyone else to:

• generate, store, or distribute child sexual abuse material or any sexualized depiction of minors, in any form, whether real or synthetic;
• generate non-consensual intimate imagery, or create realistic depictions of a real person's likeness to deceive, defraud, harass, defame, or impersonate them without their consent;
• create or spread deceptive synthetic media intended to mislead the public about elections, public safety, or matters of fact;
• generate content that incites violence, promotes terrorism, or facilitates serious harm to people or animals;
• infringe or misappropriate the intellectual property, privacy, or publicity rights of others, including by training or tuning on data you have no right to use;
• use the Services to build or train a competing GPU cloud or model hosting service, or to benchmark or publish performance results for the purpose of misrepresenting us;
• mine cryptocurrency, run proxies, botnets, scanners, or denial-of-service tooling, or send spam or phishing;
• probe, scan, or test the vulnerability of the Services or break authentication or security measures, except under a written agreement with us;
• attempt to escape isolation between customers, access another customer's data, or interfere with the availability of the Services;
• resell or share access to the Services except as we expressly permit, or exceed the rate limits and quotas that apply to your account;
• use the Services in violation of export control, sanctions, or other applicable laws, or from, or on behalf of, a person or place subject to sanctions.

Models you run are licensed by their own authors. You are responsible for reading and complying with each model's license, including any restrictions on commercial use, attribution, and acceptable use. Links to model pages are provided for convenience and do not mean we are the licensor.

We may investigate suspected violations, remove content, suspend or terminate instances and accounts, and report unlawful activity to authorities. We may do this without prior notice where we believe it is necessary to protect people, the Services, or ourselves.

As between you and us, you retain all rights in the prompts, images, datasets, model weights, checkpoints, configuration files, code and other material you upload or generate through the Services ("Customer Content"), including outputs generated from your inputs, subject to the license terms of any third-party models you use and to applicable law.

You grant us a limited, worldwide, non-exclusive license to host, copy, process, transmit and display Customer Content only as needed to provide, secure, support and improve the reliability of the Services for you, and to comply with law.

We do not use your Customer Content to train our own generative models, and we do not sell it. We may use aggregated, de-identified operational metrics, such as GPU utilization, latency and error rates, to run and improve the Services.

You are solely responsible for Customer Content, for having all rights and permissions needed to submit it, and for how outputs are used. Outputs may be inaccurate, may resemble existing works, and may not be protectable by copyright in some jurisdictions. You should review outputs before relying on or publishing them.

Where you connect external storage such as Amazon S3, Microsoft Azure or Google Cloud, you authorize us to access it on your behalf with the credentials you provide, only as needed to run your jobs. You are responsible for those credentials, their permissions, and any fees charged by those providers.

The Services, including the console, CLI, APIs, harness, documentation, branding and underlying software, are owned by ClockingCloud and its licensors and are protected by intellectual property laws. Except for the limited right to use the Services under these Terms, we grant no rights to you.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for your internal business purposes. You may not copy, modify, reverse engineer, decompile, or create derivative works of the Services, except where law expressly permits.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

Third-party and open-source components are covered by their own licenses, which control as to those components.

We use administrative, technical and physical safeguards designed to protect the Services and Customer Content. No system is perfectly secure, and we cannot guarantee that unauthorized access will never occur.

You are responsible for the security of your own code, configuration, models, containers, startup scripts, SSH keys, API tokens, and storage credentials, and for the software you choose to run on instances. Do not place regulated or especially sensitive personal data in the Services unless we have agreed in writing that we may process it.

Instances are billed while they run. Debug your setup scripts on small or low-cost resources and stop instances you are not using. We are not responsible for charges from instances you leave running.

We aim to keep the Services available but do not guarantee uninterrupted or error-free operation. GPU capacity is finite and may be unavailable in a region or for a hardware type when you request it. Maintenance, upstream outages, model-provider changes, and events outside our control may affect availability.

Support is provided by email at the contact address below on a commercially reasonable basis. Apart from the service credits described in "Service credits for lost compute", any service level commitments or credits apply only if stated in a written agreement signed by us.

If a disruption on our side stops compute you were charged for, you may be eligible for a service credit equal to that lost compute. This section sets out the only circumstances in which we issue such credits. A service credit is added to your credit balance. It is never paid to your payment method or in cash.

An "Eligible Disruption" is a failure of the Services, caused by ClockingCloud or the infrastructure we operate or contract for, that limits, blocks, throttles, interrupts or terminates a running instance, deployment or job while it is being billed to your account. Examples include a host, GPU or network failure on our side, an unscheduled outage of the console or API that prevents you from stopping or using a billed resource, an unannounced termination of your instance, or a suspension or restriction that we applied in error.

The following are not Eligible Disruptions:

• failures caused by your code, containers, configuration, startup scripts, models, model weights, dependencies or data, including crashes, out-of-memory errors and misconfigured ports;
• time during which GPU capacity was unavailable when you tried to launch, since unlaunched resources are not billed;
• scheduled maintenance announced at least 24 hours in advance by email or in the console;
• suspension, throttling or termination applied because you breached these Terms, exceeded your quotas or rate limits, or let your balance reach zero;
• third-party services you rely on, such as Hugging Face downloads, your own cloud storage, DNS or internet connectivity on your side;
• slower performance, output quality, latency or throughput that differs from what you expected, where compute was still delivered;
• features labeled early access, beta or preview;
• events beyond our reasonable control, such as natural disasters, acts of government, power or carrier failures outside our facilities, or attacks we could not reasonably prevent.

"Lost Compute" means the usage charges actually deducted from your balance for an affected resource during an Eligible Disruption, calculated at the rates you were billed and measured from our metering records. Our metering records, as shown in your billing audit trail, are the authoritative record of what ran and what was charged. Time that was not billed is not Lost Compute.

Minimum claim. A claim is eligible only if the Lost Compute from a single Incident is at least US$10.00. An "Incident" is one continuous Eligible Disruption arising from a single root cause. Resources affected by the same Incident are combined. Separate Incidents may not be added together to reach the minimum, and one Incident may not be split into several claims. If an Incident results in less than US$10.00 of Lost Compute, no service credit is owed.

How to claim. Email help@clockingcloud.com within 14 days of the Incident, from the email address on your account, with the subject "Service credit claim". Include the affected instance or deployment IDs, the start and end time of the disruption in UTC, and a description of what happened. Claims made after 14 days, or missing this information, are not eligible.

Verification. We will review each claim against our metering records, system logs and incident records. We decide in good faith whether an Eligible Disruption occurred and the amount of Lost Compute, and that decision is final to the extent permitted by law. If we approve a claim, we will add a service credit equal to the verified Lost Compute to your balance, usually within 30 days.

Limits. Service credits are capped at the total usage charges deducted from your account in the calendar month of the Incident. Service credits cannot be refunded, transferred, exchanged for cash or applied to another account, and they are forfeited if your account is closed or terminated for breach.

Misuse. We may deny any claim, and may suspend or close the account, if we reasonably believe a claim is false or exaggerated, or a disruption was deliberately triggered or prolonged.

Exclusive remedy. To the fullest extent permitted by law, service credits under this section are your sole and exclusive remedy for any unavailability, interruption or failure of the Services.

The Services interoperate with third-party services such as Hugging Face, cloud storage providers, payment and identity providers. Those services are not under our control, and your use of them is governed by their terms and privacy policies. We are not responsible for them.

Model names and marks belong to their owners and appear for identification only. Their appearance does not imply endorsement or affiliation.

Non-public information that one party discloses to the other and that is marked confidential or would reasonably be understood to be confidential, including pricing, roadmaps, and non-public technical details, is "Confidential Information". The receiving party will use it only to exercise rights under these Terms, protect it with reasonable care, and not disclose it except to people who need to know and are bound by similar duties, or as required by law after notice where permitted.

Confidential Information does not include information that is public through no fault of the recipient, was known to the recipient before disclosure, is independently developed, or is rightfully received from a third party.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE.

WE DO NOT WARRANT THAT THE SERVICES OR ANY OUTPUT WILL BE ACCURATE, RELIABLE, SECURE, UNINTERRUPTED, FREE OF ERRORS, OR NON-INFRINGING, OR THAT ANY DEFECT WILL BE CORRECTED. PERFORMANCE FIGURES AND TIMINGS SHOWN ON OUR SITE ARE ILLUSTRATIVE AND VARY WITH MODEL, HARDWARE, AND LOAD.

TO THE FULLEST EXTENT PERMITTED BY LAW, CLOCKINGCLOUD AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS.

Some jurisdictions do not allow certain exclusions or limits, so some of the above may not apply to you. In that case our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited by law.

You will defend, indemnify and hold harmless ClockingCloud, its affiliates and their personnel from and against claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of or related to: (a) Customer Content; (b) your use of the Services in violation of these Terms or applicable law; (c) your violation of any third party's rights, including a model license; or (d) a dispute between you and your own users or customers.

We will tell you promptly of any claim, give you reasonable cooperation at your expense, and let you control the defense, provided that you may not settle a claim that admits fault on our behalf without our written consent.

These Terms apply from when you first accept them until terminated. You may stop using the Services and close your account at any time from the console or by email. Closing your account does not entitle you to a refund of unused credits or service credits, except as required by law.

We may suspend or terminate your access immediately if you breach these Terms, if we reasonably believe your use creates risk or legal exposure, if payment fails or is disputed, if required by law, or if we discontinue the Services. Where practical and lawful, we will give you notice and a chance to export your data first.

On termination your right to use the Services ends, running instances stop, and we may delete Customer Content after a reasonable retention window. Sections that by their nature should survive, including those on payment obligations, intellectual property, confidentiality, disclaimers, liability, indemnification and disputes, will survive.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing a claim, each party agrees to try to resolve the dispute informally by written notice to the other and thirty days of good-faith negotiation.

If a dispute is not resolved informally, it will be resolved exclusively by binding arbitration on an individual basis, and not as a class, collective or representative action, except that either party may bring an individual claim in small claims court and either party may seek injunctive relief in court to protect its intellectual property or Confidential Information. Where arbitration is not enforceable under applicable law, the state and federal courts located in Delaware will have exclusive jurisdiction and you consent to personal jurisdiction there.

Consumers in the European Economic Area, the United Kingdom, and other places with mandatory consumer protections keep any rights that cannot be waived by contract.

We may update these Terms from time to time. If a change is material we will notify you by email or in the console before it takes effect and may ask you to accept the new version. Continuing to use the Services after the effective date means you accept the updated Terms. If you do not agree, stop using the Services and close your account.

• Entire agreement: these Terms, the Privacy Policy and any order or written agreement signed by us are the entire agreement on their subject and supersede earlier discussions.
• Severability: if a provision is unenforceable it will be limited to the minimum extent needed and the rest will remain in effect.
• No waiver: failing to enforce a provision is not a waiver of it.
• Assignment: you may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure: neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.
• Notices: we may notify you at your account email or in the console. You may notify us at the legal address below.
• Export and sanctions: you are responsible for complying with export, re-export and sanctions laws that apply to your use of the Services.
• Independent parties: nothing in these Terms creates a partnership, agency, or employment relationship.