These Terms of Service ("Terms") govern your use of the cloud computing services provided by Sesterce US Inc ("Company", "we", "us", or "our") through our platform. By accessing or using our services, you agree to be bound by these Terms. If you use the services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
- Definitions
- "User": Any person or entity accessing the customer's account on the services.
- "Services": The cloud computing services and platform provided by Sesterce US Inc.
- "Customer Property": All data provided by the customer to Sesterce US Inc, directly or indirectly.
- "Sesterce US Inc Property": (i) the Services, (ii) the Documentation, and (iii) all content, materials, and software provided by Sesterce US Inc in connection with the Services.
- "Platform": The Sesterce Cloud platform, allowing the User to rent an on-demand instance composed of GPUs.
- "Subscriptions": A service order accepted by the customer (online), related to the launch and management of a cloud GPU instance, and/or a storage volume.
- Use of Sesterce Cloud
You must not use the Services to violate applicable laws, rules, or regulations issued or promulgated by any competent governmental authority. Specifically, you must not use the Services for, or in connection with, the following activities:
- Theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property or proprietary information;
- Fraud, forgery, theft, or misappropriation of funds, credit cards, or personal information;
- Export, re-export, or transfer of restricted software, algorithms, or other data in violation of applicable export control laws;
- Deceptive practices such as posing as another service for phishing or pharming;
- Distribution of any threatening or harmful materials, including, but not limited to, threats of death or physical harm, or materials that are malicious, harassing, defamatory, damaging to Sesterce's reputation, or facilitating extortion;
- Distribution of any offensive materials, including, but not limited to, obscene materials, illegal pornography, indecent or hateful materials, and materials promoting illegal gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Security and Interference
You must not use the Services in a manner that compromises, attempts to compromise, or knowingly facilitates the compromise of the security or integrity of any network, electronic service, or other system accessible through or in connection with the Services. You must not use the Services in a way that interferes with another party's ability to use and enjoy the Services, disrupts Sesterce US Inc's ability to provide the Services, or otherwise creates legal liability for Sesterce US Inc at its sole discretion. You must not use the Services to violate the acceptable use policy or terms of service of any other service provider, including, but not limited to, Internet service providers or domain name registries. Specifically, you must not use the Services for, or in connection with, the following activities:
- Hacking, unauthorized access, or use of the non-public areas of the Services or any other system without authorization;
- Unauthorized probes or port scans for vulnerabilities;
- Unauthorized penetration tests, traffic circumventing authentication systems, or other unauthorized attempts to access any system;
- Distribution of unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code;
- Unauthorized network monitoring or packet capture;
- Forged or non-standard protocol headers, such as altering source addresses;
- Web crawling at a rate that disrupts the servers being crawled;
- Operating network services such as open proxies, open mail relays, or open recursive domain name servers;
- Network flooding;
- Denial of Service (DoS) attacks of any kind.
- Services
- Provision of Services: Subject to the payment of all applicable fees, Sesterce US Inc grants the customer a non-exclusive, non-transferable right to access and use the services in accordance with these Terms and any Orders.
- Third-party infrastructure. Certain on-demand compute services available through Sesterce Cloud are powered by Shadeform, which facilitates the provisioning and management of GPU resources from third-party infrastructure providers. Sesterce remains the customer’s point of contact for account management, billing and support.
- Orders: Each Order will describe the agreed-upon usage limitations, including applicable fees and other relevant terms and conditions.
- Subscriptions
- A subscription becomes effective upon the launch of an instance from cloud.sesterce.com. It is possible that between the selection of the Pod and the deployment launch, the selected elements (GPUs) may no longer be available due to rapidly changing availability. If this happens, the subscription will not be effective.
- Stopping the subscription: The customer can stop their subscription (instance and volume) at any time, which will immediately halt subscription fees. Sesterce US Inc reserves the right to stop an ongoing subscription if it jeopardizes the integrity of Sesterce US Inc or the user. The reasons for this stop may be at the sole discretion of Sesterce US Inc. Sesterce US Inc. reserves the right to stop a subscription if the user's credit balance is too low to guarantee the smooth running of the instance and the storage of any volume.
- Fees and Payment Terms
- Payment Terms: The use of Sesterce Cloud by the user is conditioned upon recharging their credit balance via the "Billing" tab. The user can choose the amount of credits to allocate to their instance and pay the corresponding amount by credit card through our Payment Service Provider.
- Sesterce US Inc will not refund unused credits.
- Fees: The customer will pay all fees specified in or incurred under a Subscription. Fees are quoted and payable in US dollars. Payment obligations are non-cancelable, and fees paid are non-refundable.
- All prepaid rendering credits may be revoked or subject to early expiration in cases of violations, such as abuse, misrepresentation of billing information, unauthorized transfer, or illegal conduct by the customer.
- Taxes: The customer is responsible for all taxes, assessments, tariffs, duties, or other fees imposed by any governmental authority arising from the provision of the services.
- For both prepaid rendering services and other batch compute services offered on the Sesterce US Inc Cloud Platform, Sesterce US Inc utilizes third-party payment service providers (referred to as "Payment Service Providers") to manage credits and billing through the payment account(s) associated with the Customer's account ("Settings"). The handling of credits or payments may be governed by the terms, conditions, and policies of these Payment Service Providers in addition to the Terms of Service. Sesterce US Inc is not liable for any actions or omissions by the Payment Service Providers. The Customer agrees to purchase credits or pay for all services used at the applicable rates as per the pricing and billing policies, and authorizes Sesterce US Inc and the Payment Service Providers to deduct or charge these amounts (including all applicable taxes) from the payment method(s) linked to the Customer's account ("Payment Methods").
- Billing
- Each credit addition by the user generates an invoice downloadable from the platform and sent by email.
- Proprietary Rights
- Customer Property: The customer retains all rights, titles, and interests in their data. No rights are granted to Sesterce US Inc except those expressly stated in these Terms.
- Sesterce US Inc Property: The company retains all rights, titles, and interests in the services, including all related intellectual property rights.
- Security and Privacy
- Hosting and Processing: By purchasing services, the customer consents to hosting and processing their data in the United States and Europe.
- In using the Sesterce US Inc Services, the Customer shall process Personal Data in accordance with and in compliance with all applicable laws, including, but not limited to, Data Protection Laws. The Customer shall be solely responsible for the accuracy, quality, and legality of Personal Data and the means by which the Customer acquired any Personal Data, including obtaining all necessary consents from each Data Subject and ensuring the accuracy of all Personal Data.
- Security: We implement reasonable measures to secure your data against unauthorized access, transmission, loss, or disclosure. Sensitive data provided by users, such as passwords, are encrypted in our database.
- The Customer acknowledges and agrees that Sesterce US Inc may occasionally utilize Sub-processors to handle Personal Data on behalf of the Customer or its Authorized Affiliates. The Customer consents to the current Sub-processors used by Sesterce US Inc.
- Confidentiality
- Confidentiality: Each Party agrees to protect the confidentiality of the other Party's confidential information using the same degree of care it uses to protect its own confidential information.
- Compelled Disclosure: If the law requires the receiving Party to disclose the disclosing Party's confidential information, it must inform the disclosing Party if the law permits.
- Warranties; Disclaimer
- Mutual Warranties: Each Party represents that it has the legal power to enter into these Terms.
- Customer Warranties: The customer represents that they have all necessary rights to use their data and that their use of the services will not violate any laws or third-party rights.
- Disclaimer: The services are provided "as-is," and Sesterce US Inc disclaims all warranties to the maximum extent permitted by law.
- Limitation of Liability
- Limitation of Liability: Sesterce US Inc shall not be responsible for any claims or damages resulting from any delays in performance or for non-performance due to unforeseen circumstances or causes beyond Sesterce US Inc's reasonable control.
- Exclusion of Consequential and Related Damages: Sesterce US Inc is not liable for any indirect, special, exemplary, incidental, or consequential damages.
- Term and Termination
- Term of Agreement: These Terms take effect on the date of the Order and remain in effect until terminated.
- Termination: Either Party may terminate these Terms for material breach or if the other Party ceases business operations or becomes insolvent.
- Effect of Termination: Upon termination, your right to use the services will immediately cease, and any outstanding fees will become due.
- Miscellaneous Provisions
- Relationship: These Terms do not create a partnership, joint venture, or agency relationship between the Parties.
- Assignment: Neither Party may assign its rights or obligations under these Terms without the prior written consent of the other Party.
- Notices: All notices under these Terms must be in writing and delivered to the addresses specified in the Order.
- Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
- Dispute Resolution: Any disputes arising out of these Terms will be resolved by arbitration in accordance with the rules of the American Arbitration Association.
- Support and Assistance
- Users who need assistance can contact the support team via support@sesterce.com on the platform. Our team will do their best to respond to users as quickly as possible.
- Modifications of the Terms
- These Terms may be updated at any time by Sesterce US Inc. Changes to the Terms will be sent by email to users.
- Force Majeure
- Sesterce US Inc shall not be responsible for any claims or damages resulting from any delays in performance or for non-performance due to unforeseen circumstances or causes beyond Sesterce US Inc's reasonable control.