Terms of Service

Last updated: January 2025

Welcome to Hivex LLC's GPU cloud infrastructure services. By accessing or using our services, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.

1. Acceptance of Terms

By accessing, registering for, or using Hivex Lab's GPU cloud infrastructure services ("Services"), you ("Customer" or "you") agree to be bound by these Terms of Service. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Service Description

Hivex Lab provides access to high-performance GPU cloud infrastructure, including but not limited to NVIDIA Blackwell and Hopper architecture GPUs, for AI training, inference, and research workloads. Services are provided on an on-demand or reserved capacity basis as specified in your service agreement.

3. Account Registration and Responsibilities

3.1 Account Creation

To use our Services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Security

You are solely responsible for all activities that occur under your account. You must immediately notify Hivex Lab of any unauthorized access or security breach.

3.3 Eligibility

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

4. Acceptable Use Policy

4.1 Permitted Use

You may use our GPU infrastructure for lawful purposes including:

AI model training and inference
Machine learning research and development
Scientific computing and research
Data analysis and processing

4.2 Prohibited Activities

You may not use our Services to:

Violate any applicable laws or regulations
Infringe upon intellectual property rights of others
Engage in cryptocurrency mining without explicit written permission
Launch denial-of-service attacks or other malicious network activities
Access or attempt to access other customers' data or resources
Reverse engineer, decompile, or disassemble our infrastructure
Use Services to train models for illegal purposes
Engage in any activity that disrupts or interferes with our Services
Sublicense, resell, or redistribute access to our Services without authorization

4.3 Content Responsibility

You are solely responsible for all data, code, models, and content you upload, process, or store using our Services. You warrant that you have all necessary rights and permissions for such content.

5. Pricing and Payment

5.1 Fees

Pricing for GPU access is based on usage and published on our website or service agreement. Fees are subject to change with 30 days' notice.

5.2 Billing

On-Demand: Billed hourly based on actual GPU usage
Reserved Capacity: Billed according to your reservation agreement

5.3 Payment Terms

Payment is due according to the terms specified in your invoice. Late payments may result in service suspension and interest charges of 1.5% per month or the maximum allowed by law.

5.4 Taxes

You are responsible for all applicable taxes, excluding taxes based on Hivex Lab's net income.

5.5 No Refunds

All fees are non-refundable except as required by law or as expressly stated in these Terms.

6. Service Level and Availability

6.1 Service Availability

While we strive for high availability, Hivex Lab does not guarantee uninterrupted access to Services. Scheduled maintenance will be announced in advance when possible.

6.2 No Warranty

Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

6.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time with reasonable notice.

7. Data and Privacy

7.1 Data Ownership

You retain all rights to your data, models, and content. Hivex Lab does not claim ownership of Customer content.

7.2 Data Processing

We process your data solely to provide Services. Our data practices are governed by our Privacy Policy.

7.3 Data Security

We implement industry-standard security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

7.4 Data Backup

You are responsible for maintaining backups of your data. Hivex Lab is not responsible for data loss.

7.5 Data Deletion

Upon termination, we will delete your data according to our data retention policy, unless legally required to retain it.

8. Intellectual Property

8.1 Hivex Lab IP

All intellectual property rights in our Services, infrastructure, and platform remain the exclusive property of Hivex Lab.

8.2 Customer IP

You retain all rights to your applications, models, and data. By using our Services, you grant us a limited license to host, process, and transmit your content solely to provide Services.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about our Services become our property and may be used without compensation or attribution.

9. Confidentiality

Each party agrees to protect the other's confidential information with the same degree of care used to protect its own confidential information, but no less than reasonable care.

10. Term and Termination

10.1 Term

These Terms commence when you first access our Services and continue until terminated.

10.2 Termination by Customer

You may terminate your account at any time by providing written notice. You remain responsible for all charges incurred prior to termination.

10.3 Termination by Hivex Lab

We may suspend or terminate your access immediately if you:

Violate these Terms
Fail to pay fees when due
Engage in fraudulent or illegal activities
Pose a security risk to our infrastructure or other customers

10.4 Effect of Termination

Upon termination, your right to access Services ceases immediately. You must pay all outstanding fees. Data deletion will occur according to our retention policy.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIVEX LAB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR USE OF SERVICES.

11.2 Liability Cap

HIVEX LAB'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO HIVEX LAB IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11.3 Exceptions

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Hivex Lab, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

Your use of Services
Your violation of these Terms
Your violation of any rights of another party
Your content or data

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.

13.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in court.

13.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions.

13.4 Venue

Any litigation shall be conducted exclusively in the courts of Wyoming, United States.

14. Compliance and Export

14.1 Compliance

You agree to comply with all applicable laws and regulations in connection with your use of Services.

14.2 Export Control

Services may be subject to U.S. export control laws. You agree not to export, re-export, or transfer Services in violation of such laws.

15. Service-Specific Terms

15.1 GPU Allocation

GPU availability is subject to capacity. Reserved capacity takes priority over on-demand access.

15.2 Resource Limits

We may impose reasonable limits on GPU usage, storage, and network bandwidth. Excessive usage may result in additional charges or service limitations.

15.3 Support

Support is provided according to your service tier. Response times are targets, not guarantees.

16. Modifications to Terms

Hivex Lab reserves the right to modify these Terms at any time. Material changes will be communicated via email or service notifications at least 30 days before taking effect. Continued use of Services after changes constitutes acceptance of modified Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Hivex Lab.

17.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

17.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

17.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

17.5 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond their reasonable control.

17.6 Notices

Notices must be sent in writing to the addresses specified in your account or to contact@hivexlab.io.

18. Contact Information

For questions about these Terms of Service, please contact us:

Hivex LLC Email: contact@hivexlab.io Address: 1603 Capitol Ave Ste 413A, Cheyenne, WY 82001-4562

19. Acknowledgment

BY USING HIVEX LAB'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

Hivex LLC is a registered company in the United States. These Terms of Service are effective as of the date of your first use of our Services.