Terms of Services

Dear "HPC-AI.COM" user, welcome to the "HPC-AI.COM" product and related services! To ensure a seamless and enjoyable experience, we’ve outlined the following Terms and Conditions. Please read them carefully, as they detail essential information and limitations on using our services. These Terms form a binding agreement between HPC AI TECHNOLOGY PTE. LTD., a Singapore corporation (“HPC-AI.COM,” “we,” “us,” or “Company”), and you, whether as an individual or on behalf of a company or team (“User,” “Customer,” or “You”). By accessing or using our services at www.HPC-AI.com and related sites (the "Sites"), you agree to be bound by these Terms, along with any supplemental terms, notices, policies, or signed agreements between the parties (collectively, the “Terms” or “Agreement”). Please note, we may update these Terms periodically. Changes take effect 10 days after being posted on the Site. By continuing to use the Services after this period, you accept the updated Terms.

USE OF OUR SERVICES

When you create an account or use our Services, you confirm the following:

The information you provide is truthful and accurate.
Your use of the Services complies with all applicable laws and regulations.
You meet the legal age or capacity required to agree to these Terms.

We reserve the right to modify, suspend, or discontinue the Services, in whole or in part, at any time and without prior notice. HPC-AI.COM is not responsible for any consequences arising from such changes, including any impact on you or third parties.

ACCOUNT SECURITY

To ensure the security of your account:

Keep your account credentials confidential and secure.
Avoid sharing your credentials with third parties.
Notify us immediately if you suspect unauthorized access or a security breach.

You are solely responsible for any actions taken through your account.

YOUR CONTENT

As a user of our Services, you are responsible for the content you post or share, ensuring it is:

Truthful, accurate, and not misleading.
In compliance with all applicable laws and regulations.
Free from infringement on any third-party rights.
Rights Granted to HPC-AI.COM and Other Users

By sharing content through our Services:

HPC-AI.COM License: You grant us a worldwide, royalty-free, perpetual, sublicensable license to use, reproduce, display, distribute, and publish your content as permitted under these Terms and our Privacy Policy.
Public Demos: If your content is set as public, other users are granted a non-exclusive, royalty-free license to interact with and create derivative works from your content through our platform.
Unlisted Demos: Unlisted content will not appear in search results but can still be accessed and shared via the provided link.
Licensed Content: Content under open-source or similar licenses retains its licensing terms during redistribution or use.

USE AT YOUR OWN RISK

Downloading or interacting with content through our Services is at your own risk and subject to these Terms.

THIRD-PARTY LINKS AND TOOLS

Our platform may include third-party links or tools for your convenience. However:

We are not responsible for evaluating the content or accuracy of these third-party materials.
We do not guarantee the safety, quality, or reliability of third-party products or services.

USER RESPONSIBILITY

Review third-party policies before engaging in transactions, as we are not liable for damages arising from third-party interactions. Complaints should be directed to the respective third parties.

INTELLECTUAL PROPERTY RIGHTS

HPC-AI.COM retains ownership of all intellectual property related to our Services, including:

Site designs, code, graphics, interfaces, trademarks, and logos.
Improvements or feedback incorporated into our offerings. Users may not reproduce, modify, or distribute our materials without express permission.

SERVICES

a. Provision of Services: Subject to payment of all applicable fees, HPC-AI.COM grants the Customer a non-sublicensable, non-transferable, and non-exclusive right to access and use the Services under the terms of this Agreement and any Orders.

b. Orders: Each Order will specify any additional terms, including fees and other relevant conditions. Unless otherwise stated in the Order, the fees will be provided to the Customer prior to acceptance.

c. Platform Guidelines: The Customer agrees to comply with, and ensure that its Users comply with, the platform guidelines published above, incorporated by reference.

FEES AND PAYMENT TERMS

a. Fees: The Customer agrees to pay HPC-AI.COM all fees associated with an Order, as specified in the Agreement. Fees are quoted in US dollars, and payments are non-cancelable and non-refundable, except as expressly stated otherwise in this Agreement.

b. Invoices and Payment: Fixed fees are due at the time of the order or as per the payment interval specified. By providing a payment method, the Customer authorizes HPC-AI.COM to charge recurring fees for the Services. If HPC-AI.COM cannot collect payment at the time of purchase, the Customer will be invoiced. Payments must be made within 30 days, and late payments may incur a finance charge.

c. Taxes: The Customer is responsible for paying all applicable taxes, assessments, or other governmental fees related to the provision of the Services, except those related to HPC-AI.COM’s net income.

d. Credits: HPC-AI.COM may offer credits for the Services at its discretion. These credits are non-transferable, may only be used for future payments, and have no cash value. Credits may expire or be revoked at any time.

PROPRIETARY RIGHTS

a. Customer Property. The Customer retains all rights, title, and interest in and to the Customer Property, including all intellectual property rights such as patents, copyrights, trade secrets, trademarks, or other rights associated with the Customer Property, as between the Customer and HPC-AI.COM. Except as expressly stated in this Agreement, no rights, title, or license to the Customer Property are granted to HPC-AI.COM, and no ownership rights are transferred in relation to any Customer Property that is licensed to HPC-AI.COM.

b. HPC-AI.COM Property. HPC-AI.COM retains all rights, title, and interest in and to its property, including all intellectual property rights such as patents, copyrights, trade secrets, trademarks, or other rights embodied in or related to the HPC-AI.COM Property, as between HPC-AI.COM and the Customer. Except as expressly provided in this Agreement, no rights, title, or license to any HPC-AI.COM Property are granted to the Customer, and no ownership rights are transferred with any license granted to the Customer for HPC-AI.COM Property.

c. Licenses to HPC-AI.COM. The Customer grants HPC-AI.COM a limited, non-exclusive, non-transferable (except in connection with the permitted assignment of this Agreement), and royalty-free license to access and use the Customer Property provided to HPC-AI.COM or its Affiliates solely as necessary to provide the Services to the Customer and exercise its rights under this Agreement. Unless otherwise specified in the Order Form, the Customer also grants HPC-AI.COM a non-exclusive, revocable license to use the Customer’s trademarks and logos to identify the Customer as a subscriber of the Services. By submitting unsolicited suggestions, enhancement requests, comments, feedback, or other input related to the Services ("Feedback"), the Customer and its Users grant HPC-AI.COM a perpetual, royalty-free, worldwide, transferable, sublicensable, irrevocable license to incorporate such Feedback into the Services.

DATA PRIVACY AND SECURITY

a. Hosting and Processing. By purchasing Services, the Customer consents to the hosting and transfer of Customer Property to the United States. Unless otherwise agreed in writing between the Parties in the Order Form, the Customer (i) agrees that HPC-AI.COM may transfer and store Customer Property in other regions or jurisdictions at its discretion and (ii) represents and warrants that such hosting and transfer are adequately consented to by the Customer and permitted under applicable laws, regulations, rules, and third-party rights.

b. Security. HPC-AI.COM will implement reasonable and appropriate measures to secure the Customer Property from accidental or unauthorized access, loss, transmission, or disclosure, provided the Customer complies with its obligations to configure and implement necessary security controls. HPC-AI.COM is not obligated to maintain, back up, or store Customer Property unless otherwise specified in the Order Form.

c. Data Processing Agreements. If a Data Processing Agreement ("DPA") is executed by the Parties, the DPA will be incorporated by reference and become part of this Agreement.

d. Subcontractors. The Customer acknowledges that HPC-AI.COM may use subcontractors to provide, secure, and improve the Services, and that these subcontractors may access Customer Property. HPC-AI.COM will be responsible for the acts and omissions of its subcontractors to the same extent as if HPC-AI.COM were directly performing the services.

e. In-Product Cookies. HPC-AI.COM may automatically collect information from the Customer’s or User’s device, such as an IP address, cookie data, and browser/device type, when interacting with the Services. This information is used to (i) provide the Services or (ii) in aggregate form, without identifying Users personally.

CONFIDENTIALITY

a. Confidentiality. Both Parties agree to protect the Confidential Information of the other Party during the term of this Agreement and for three (3) years thereafter, using the same care as they would to protect their own similar information. A Receiving Party may disclose Confidential Information only with the Disclosing Party’s consent or to its Affiliates, officers, directors, employees, subcontractors, or agents who need to know the information in connection with exercising rights or performing obligations under this Agreement, and who are bound by confidentiality agreements.

b. Compelled Disclosure. If the Receiving Party is compelled to disclose Confidential Information by law or legal authority, it shall notify the Disclosing Party in advance (if permitted). The Disclosing Party will reimburse HPC-AI.COM for excessive costs incurred in complying with the disclosure request, including legal fees for time spent preparing responsive documents.

WARRANTIES; DISCLAIMERS

a. Mutual Warranties. Each Party warrants that it has the legal authority to enter into this Agreement.

b. Customer Warranties. The Customer warrants that (a) it exclusively owns or has all necessary rights and authorizations to process or use Customer Property, and (b) will not use the Services for unlawful purposes or in a manner that violates any third-party rights.

c. Disclaimer. Except as expressly stated in this Agreement, (1) the Services are provided "AS-IS"; (2) HPC-AI.COM makes no additional warranties or guarantees, either express or implied; (3) HPC-AI.COM disclaims all implied warranties, including those regarding title, merchantability, non-infringement, or fitness for a particular purpose; and (4) HPC-AI.COM’s liability under any warranty or condition that cannot be legally excluded is limited to supplying the Services again or paying the cost of supplying the Services again. The Customer acknowledges that the Services are not intended for high-risk activities.

d. Beta Services. HPC-AI.COM may offer Beta Services at no charge for evaluation purposes. These services are not intended for production use, are not supported, and may be subject to additional terms. Beta Services are not considered "Services" under this Agreement and may be discontinued by HPC-AI.COM at its discretion. The trial period for Beta Services will end after one year or as otherwise specified in writing by HPC-AI.COM.

FEEDBACK

By submitting feedback, you grant us a royalty-free, irrevocable license to utilize and commercialize it.

DMCA POLICY

We comply with the Digital Millennium Copyright Act (DMCA). For copyright violation claims, email us at service@hpc-ai.com with "DMCA Notice" in the subject line, including detailed evidence of the violation.

TERMINATION

Both you and HPC-AI.COM have the right to terminate access to the Services at any time. Upon termination:

Your content and data may be deleted in accordance with our retention practices.
Certain provisions, including intellectual property rights and liability limitations, will survive termination.
Attempting to access the Services post-termination may result in liability.

ERRORS AND OMISSIONS

Our Services may occasionally include errors or inaccuracies. We reserve the right to:

Correct these errors without prior notice.
Cancel orders impacted by inaccurate pricing or information.

DISCLAIMER OF WARRANTIES

Our Services are provided "as is" and "as available," without warranties of any kind. We disclaim:

All implied warranties, including fitness for a particular purpose.
Responsibility for site interruptions, errors, or harmful components.

If you are dissatisfied with our Services, your sole remedy is to discontinue use.

MAAS/APIs

As part of the service, we may provide you with certain Application Programming Interfaces (APIs), API access tokens, or other related software (collectively referred to as “APIs” or "MAAS"). Your use of the APIs, including access to the service via third-party products, is subject to the following terms and conditions:

a. Model Licensing and Usage Restrictions

You may be granted access to, modification rights for, or use of AI models developed by third parties or based on third-party data. These models or data may come with their own terms and conditions. You are responsible for understanding and complying with the original terms of these models or data. In the event of any conflict between this agreement and such terms, the terms of the model or data will take precedence.

b. Obligations and Responsibilities

You bear full responsibility for any obligations or liabilities arising from your use of APIs or AI services accessed through the platform. We accept no liability for any losses incurred.

c. Third-Party Services and Integrations

If you use the platform to provide services to third parties, you are solely responsible for the associated rights, obligations, and liabilities, as well as any resulting losses. Additionally, certain third-party vendors may develop integrations between their services and ours. We are not liable for any third-party integrations.

d. API Misuse and Access Restrictions

We reserve the right to determine API misuse or excessive usage. Such actions may result in the temporary or permanent suspension of your account's API access. We will attempt to notify you in advance of any suspension. However, if your actions cause service disruptions, we may immediately revoke access without prior notice.

e. Characteristics of AI Service Outputs

You acknowledge and accept the inherent characteristics of AI-generated outputs. While we strive to provide high-quality services, we cannot guarantee the legality, authenticity, accuracy, or completeness of the content. You are responsible for evaluating and assuming any risks associated with user content or interactions within the service.

f. Nature of AI-Generated Content

Content generated by AI should not be regarded as news or reliable information. It cannot replace professional advice in fields such as medicine, finance, law, or education. Such content is for reference only and does not represent our views, opinions, or positions.

REFUND POLICY

All sales are final. HPC-AI.COM does not offer refunds for any services or products purchased. By making a purchase, you acknowledge and agree that you will not be eligible for a refund, regardless of usage, non-usage, or dissatisfaction.

If you encounter technical issues with our services, we encourage you to contact our support team at service@hpc-ai.com for assistance. We are committed to resolving any service-related issues promptly to ensure your satisfaction.

Service Level Agreement (SLA)

a. Availability Commitment

The Company guarantees a service availability of no less than 99% for the compute resources provided under this agreement. Availability is measured on a monthly basis, excluding scheduled maintenance and events beyond the Company’s reasonable control.

b. Compensation for Downtime

In the event of a service outage that results in availability falling below the agreed-upon threshold, the Company will compensate the Client by providing compute credits on a 1:1 basis, calculated against the duration of the outage. These credits can be applied towards future usage of the Company’s services.

c. Exclusions

The SLA does not apply to service interruptions caused by:

i) Client's misuse or unauthorized modifications to the service.

ii) Events outside of the Company’s reasonable control, including but not limited to force majeure events.

iii) Scheduled maintenance, provided the Client is informed at least 48 hours in advance.

d. Claim Procedure

To claim compensation, the Client must submit a formal request within 30 days of the outage, providing detailed information about the incident. The Company will review the claim and apply the compute credits, if applicable, within 15 business days.

e. Limitation of Liability

The compensation outlined in this SLA, specifically the provision of compute credits, is the Client’s sole and exclusive remedy for service outages or failures.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES THAT HPC-AI.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF HPC-AI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HPC-AI.COM’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SERVICE EXCEED THE AMOUNT PAID FOR THE SERVICE OR PRODUCT PROVIDED.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HPC-AI.COM, ITS AFFILIATES’, AGENTS’, LICENSORS’, AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNITY

You are solely and fully responsible for your use of the Services. You agree to defend, indemnify and hold HPC-AI.COM and its directors, officers, employees, agents, or service providers harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with our Services; or (iii) the Content or other information you provide to us through the Services. HPC-AI.COM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with HPC-AI.COM’s defense of such claim.