These Terms of Service (“Terms”) are a legal agreement between you (“Customer”, “you”) and Vijay, trading as VijayCloud, a sole proprietorship established in India, registered at 5th Floor, Technopolis Knowledge Park, Chakala, Andheri East, Mumbai, Maharashtra 400093, India (“VijayCloud”, “we”, “us”). They govern your access to and use of the vijaycloud.com website and the GPU compute services we provide (together, the “Services”).

By creating an account, purchasing a plan, or using the Services, you agree to these Terms. If you do not agree, do not use the Services. If you are agreeing on behalf of a company or other organisation, you confirm you have authority to bind that organisation.

01Definitions

• Instance — a virtual or physical compute environment we provision for you, including its allocated GPU, vCPU, memory and storage.
• Customer Content — any data, code, models, datasets, container images or other material you or your users upload to, generate on, or transmit through an Instance.
• Plan — the subscription tier you purchase (for example Starter, Professional or Enterprise), including its stated resource allocation.
• Billing Period — the recurring interval for which your Plan is charged, being one calendar month unless your order states otherwise.

02Eligibility and accounts

You must be at least 18 years old and legally able to enter into a contract to use the Services. The Services are not offered to consumers for personal use and are intended for business, research and professional development purposes.

You are responsible for the accuracy of the registration information you provide, for keeping your credentials confidential, and for all activity that occurs under your account, whether or not you authorised it. Notify us immediately at security@vijaycloud.com if you believe your account has been compromised. We strongly recommend enabling multi-factor authentication where offered.

One account may not be shared across separate legal entities. You may create additional users under your account and remain responsible for their compliance with these Terms.

03The Services

We provide dedicated GPU compute Instances with root or administrative access, on which you may install and run your own software, including machine learning frameworks and containerised workloads. The specific GPU model, vCPU count, memory and storage allocated to you are those stated on your Plan at the time of purchase.

Resource allocations are per Instance and are not aggregated or transferable across Instances or Billing Periods. Where a Plan is described as dedicated, the stated GPU is allocated to your Instance for the duration of your subscription and is not time-shared with other customers.

We may modify, improve or discontinue features of the Services. Where a change would materially reduce the functionality or resources of a Plan you are actively paying for, we will give you at least 30 days’ notice by email, and you may cancel without penalty before the change takes effect and receive a pro-rata refund of any prepaid, unused fees.

3.1 Availability

Availability commitments apply only to Plans that expressly include them. Plans without a stated availability commitment, and all free trials, evaluation access and beta features, are provided on a reasonable-efforts basis with no uptime guarantee.

3.2 Free trials and evaluation access

We may offer a free trial or evaluation credit. Trials are for a single account, are limited to the resources and duration we specify at signup, and may be modified or withdrawn at any time. We may require a valid payment method to start a trial. Unless you cancel before the trial ends, your account will convert to the paid Plan you selected and the first charge will be taken on the conversion date. Trial resources carry no availability commitment and no support commitment beyond best effort.

04Fees, billing and automatic renewal

All fees are stated in USD and are exclusive of taxes unless stated otherwise. You are responsible for all applicable taxes, duties and levies, other than taxes on our net income.

Payments are processed by our payment provider, WooCommerce Payments (powered by Stripe). We do not receive or store your full card details. You authorise us and our payment provider to charge your payment method for all fees due.

Failed payments

If a charge fails, we will attempt to collect again and will notify you. If payment remains outstanding after 7 days we may suspend your Instances. If it remains outstanding after 30 days from the original due date we may terminate your account and permanently delete Customer Content. Suspended Instances continue to accrue no new charges, but reserved capacity is not held indefinitely.

Usage-based charges

Where a Plan includes metered components such as additional storage, egress bandwidth or on-demand GPU hours beyond the included allocation, these are billed in arrears at the rates set out on our pricing page or, where a rate is not published there, at a rate quoted to you in writing and approved by you before the charge is incurred. Metered charges are non-refundable once incurred.

Price changes

We may change our prices. Changes take effect at your next renewal and we will give you at least 30 days’ notice by email. If you do not accept the new price, cancel before the renewal date.

Disputed charges

If you believe you have been billed incorrectly, contact billing@vijaycloud.com within 60 days of the invoice date and we will investigate. Please contact us before initiating a card chargeback; chargebacks filed without first contacting us may result in account suspension while the dispute is resolved.

05Acceptable use

You are responsible for everything you run on your Instances. You must not use the Services to:

• Mine, farm or otherwise generate cryptocurrency or blockchain assets, or run distributed proof-of-work or proof-of-space workloads, whether for yourself or a third party.
• Break any applicable law, or infringe the intellectual property, privacy or other rights of any person.
• Send unsolicited bulk email, operate spam infrastructure, or host phishing, malware, botnet command-and-control or credential-harvesting systems.
• Launch denial-of-service attacks, port scans, brute-force attempts, or any unauthorised security testing against systems you do not own or have documented written permission to test.
• Attempt to access, interfere with or degrade other customers’ Instances, our management plane, our hypervisors, or the underlying host or network infrastructure; or attempt to escape the boundaries of your allocated Instance.
• Store or process child sexual abuse material, non-consensual intimate imagery, or content that incites violence or terrorism.
• Train, fine-tune or serve models whose primary purpose is to generate the material described above, to conduct unlawful surveillance, to impersonate real individuals for deception, or to produce weapons of mass destruction.
• Circumvent resource allocations, metering or billing, or resell or sublicense raw compute capacity as your own service without our prior written agreement.
• Run workloads that materially destabilise shared infrastructure, including sustained out-of-specification power or thermal draw, or storage I/O patterns that degrade the platform for others.

We may investigate suspected violations and may suspend an Instance immediately and without notice where we reasonably believe there is an ongoing threat to the platform, to other customers or to third parties, or where required by law or by our own upstream providers. Where the circumstances allow, we will notify you first and give you an opportunity to remediate. Report suspected abuse of our network to abuse@vijaycloud.com.

06Export control and sanctions

Advanced GPU compute is subject to export control and sanctions law. You represent that you are not located in, ordinarily resident in, or acting on behalf of any person in a country or territory subject to comprehensive trade sanctions, and that you are not a person named on any applicable restricted-party or denied-party list. You must not provide access to the Services, or export or re-export any output of the Services, in breach of applicable export control or sanctions law. We may refuse, suspend or terminate service to comply with these laws, and may do so without prior notice where notice would itself be unlawful.

07Customer Content and your responsibilities

You retain all rights in Customer Content. We claim no ownership of your data, code, models or outputs. You grant us only the limited licence needed to host, transmit and process Customer Content in order to operate the Services and provide support you request.

You represent that you have all rights and permissions necessary for the Customer Content you process, including any rights required for datasets used to train or fine-tune models, and that doing so on our platform does not breach any law or third-party right.

Root access

Plans with root or administrative access give you full control of the operating system and installed software on your Instance. You are solely responsible for patching, hardening, firewall configuration, access management and the security of anything you install. We do not monitor the contents of your Instance and do not manage guest-level security unless you have purchased a managed service that expressly says otherwise.

08Our intellectual property

We and our licensors own the Services, the website, our management and provisioning software, documentation, and all related intellectual property. Nothing in these Terms transfers any of it to you. You receive a non-exclusive, non-transferable right to access and use the Services during your subscription, subject to these Terms. You may not copy, reverse engineer or create derivative works of our platform software, or use our trademarks without written permission.

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

09Confidentiality

Each party may receive non-public information from the other. The receiving party will protect it with at least reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and contractors who need it and are bound by similar obligations. This does not apply to information that is public, independently developed, or lawfully obtained elsewhere, or that must be disclosed by law — in which case the receiving party will, where legally permitted, give notice first.

10Data protection

Our handling of personal data is described in our Privacy Policy. Where you use the Services to process personal data of third parties, you act as controller and we act as processor on your instructions. If you require a data processing agreement, contact privacy@vijaycloud.com.

11Suspension and termination

You may terminate at any time by cancelling your subscription. We may suspend or terminate your account: for non-payment; for breach of these Terms, including section 5; where required by law or by an upstream provider; or on 30 days’ written notice for convenience, in which case we will refund any prepaid, unused fees on a pro-rata basis.

On termination, your right to use the Services ends immediately. We will make Customer Content available for export for 14 days after termination, except where termination is for a serious breach of section 5 or is required by law, after which we will permanently delete it. Deletion is irreversible. Sections 7, 8, 9, 12, 13, 14 and 16 survive termination.

12Disclaimers

Except as expressly stated in these Terms, the Services are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the Services will be uninterrupted or error-free, that any workload will achieve a particular performance, throughput or training result, or that Customer Content will not be lost. Benchmark figures, throughput estimates and cost comparisons published on our website are indicative only and do not form part of these Terms.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

13Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost business, or loss or corruption of data, however caused and regardless of the theory of liability, even if advised of the possibility.

Our total aggregate liability arising out of or relating to these Terms is limited to the greater of USD 100 or the total fees you paid us in the 12 months immediately before the event giving rise to the claim.

14Indemnity

You will defend and indemnify us against third-party claims, and any resulting losses, damages and reasonable legal costs, arising from Customer Content, from your use of the Services in breach of these Terms or applicable law, or from your breach of section 5 or section 6.

15Changes to these Terms

We may update these Terms. We will post the revised version here with a new effective date, and where the changes are material we will notify you by email at least 30 days before they take effect. Continued use of the Services after the effective date constitutes acceptance. If you do not accept the revised Terms, cancel before they take effect.

16Governing law and disputes

These Terms are governed by the laws of India, without regard to its conflict-of-laws rules. The courts of Mumbai, Maharashtra have exclusive jurisdiction, and both parties submit to that jurisdiction. Before filing a claim, the parties will attempt in good faith to resolve the dispute by discussion for at least 30 days after written notice.

17General

These Terms, together with your order, our Privacy Policy and our Refund Policy, are the entire agreement between us and supersede any prior discussions. If any provision is held unenforceable, the rest remains in force. Neither party is liable for delay or failure caused by events beyond its reasonable control, including power or network failure at an upstream provider, natural disaster or governmental action. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. A failure to enforce a provision is not a waiver of it. There are no third-party beneficiaries.

18Contact

Vijay, trading as VijayCloud
5th Floor, Technopolis Knowledge Park, Chakala, Andheri East, Mumbai, Maharashtra 400093, India