These Terms of Service (“Terms”) govern your use of the GPU rental services offered under the Eigenflops brand (the “Services”). The Services are provided by Terarium j.d.o.o., Sokolgradska ulica 84, 10000 Zagreb, Croatia, OIB 96284727269, MBS 081626527 (“we”, “us”). By creating an account or using the Services, you (“Customer”, “you”) agree to these Terms.
1. The Services
We provide access to containers running on GPU servers that we own and operate, with root access inside the container, a public IP address and storage. Hardware specifications are described on our website. A “Rental” is a single container with the number of GPUs, storage and period you order.
We offer two types of Rental: Reserved (a fixed period of at least one month, paid upfront) and On-demand (billed per hour). On-demand is offered only when capacity is available.
2. Account and verification
- To use the Services you must create an account and complete our identity verification (“KYC”), which is usually within 24 hours.
- During verification we may ask for your full name, email, country, company name, address and VAT number, an identity document or a verification through a third-party KYC provider, a card check, the intended use of the Services and the identity of the end user.
- You confirm that all information you provide is true and complete, and you will keep it up to date. You are responsible for all activity under your account and for keeping your credentials secure.
- We may refuse an application, or suspend or close an account, if verification fails, if information is false, or if providing the Services would breach applicable law, including EU sanctions and export control rules.
- You confirm that neither you nor the end user is subject to EU, UN or other applicable sanctions, and that you will not let any sanctioned person use or benefit from the Services.
3. Orders and reservations
- A Reserved Rental starts on the date stated in your order and lasts for the period you selected.
- The fee for the full reserved period is paid upfront. The Rental is provisioned after payment is received.
- Reserved Rentals cannot be cancelled, and fees are not refunded, whether or not you use the Services during the period, except as stated in our Service Level Agreement or required by mandatory law.
- You may extend a Rental before it ends at the prices valid at the time of extension.
4. Prices, payment and invoices
- Current prices are published on our pricing page. Prices are in euro and exclude VAT, which is added where applicable. For business customers in other EU member states with a valid VAT number, the reverse-charge rules apply.
- We charge for three things: GPU time, disk storage (€0.15 per GB per month) and network traffic (€4 per TB, counting both upload and download). On-demand GPU time is €1.30 per GPU-hour.
- GPU time for Reserved Rentals is paid upfront. Disk and traffic are charged based on actual usage.
- Payment is by card. We issue an invoice for every payment, including R1 invoices for Croatian companies.
- If a payment fails or is reversed, we may suspend the affected Rental until the amount is paid.
- We may change prices for future orders. Price changes do not affect Reserved Rentals that are already paid.
5. Your data and backups
- You keep all rights to the data, code and models you store or process with the Services (“Customer Data”).
- When a Rental ends, its Customer Data is permanently deleted. We do not keep copies. You are responsible for downloading anything you need before the Rental ends.
- You are responsible for backing up your Customer Data. We do not provide backups as part of the Services.
- We access Customer Data only as needed to provide the Services, to resolve technical issues you report, to investigate a suspected breach of these Terms, or when required by law. Where Customer Data contains personal data, our Data Processing Agreement applies.
6. Acceptable use
You must follow our Acceptable Use Policy. In particular, illegal content and activity are prohibited, and cryptocurrency mining is not allowed. If you breach the Acceptable Use Policy, we may suspend or terminate the affected Rental or your account immediately, without refund.
7. Availability and support
- Our uptime commitment and the credit you receive if we miss it are set out in the Service Level Agreement.
- We may perform maintenance on our infrastructure. We will try to schedule it so that it affects you as little as possible.
- Support is provided through the contact form on our website and by email at info@terarium.xyz, in English. We usually reply within 24 hours.
8. Suspension and termination
- We may suspend a Rental or your account immediately if you breach these Terms or the Acceptable Use Policy, if your use puts our infrastructure or other customers at risk, if payment fails, or if required by law or a competent authority.
- You may close your account at any time. Closing your account does not cancel or refund a paid Reserved Rental.
- On termination, Customer Data is deleted as described in section 5.
9. Warranties and liability
- We provide the Services with reasonable care and skill. Apart from the commitments in these Terms and the Service Level Agreement, the Services are provided “as is”, to the extent permitted by law.
- To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, or loss or corruption of data.
- To the extent permitted by law, our total liability arising from or related to the Services in any 12-month period is limited to the fees you paid us in that period.
- Nothing in these Terms limits liability for damage caused intentionally or through gross negligence, or any liability that cannot be limited under applicable law.
- You will compensate us for claims by third parties arising from your Customer Data or from your breach of these Terms or the Acceptable Use Policy.
10. Consumers
If you use the Services as a consumer, the mandatory consumer protection rules of the country where you live apply in addition to these Terms, and nothing in these Terms limits your rights under those rules. When you order a Reserved Rental, you ask us to start providing the Services immediately. You acknowledge that, under Croatian and EU consumer law, you lose your right of withdrawal once the Services have been fully provided, and that if you withdraw within 14 days after the Services have started, you must pay for the part of the Services provided until withdrawal.
11. Changes to these Terms
We may update these Terms. We will notify you of material changes by email at least 30 days before they take effect. Changes do not affect Reserved Rentals already paid, which stay under the Terms valid when they were ordered.
12. Governing law and disputes
These Terms are governed by the laws of the Republic of Croatia. Disputes are decided by the competent court in Zagreb, Croatia. If you are a consumer, you may also bring proceedings in the courts of the country where you live, and the mandatory rules of that country continue to apply.
13. Contact
Questions about these Terms: info@terarium.xyz.