Terms of Service
Last Updated: January 5, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Tree Diagram LLC, an Arizona limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the gpu.st cloud GPU instance service ("Service").
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
1. Eligibility
You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet these requirements. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Account Registration and Security
To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, including any SSH keys associated with your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
You are solely responsible for all activities that occur under your account, whether or not authorized by you. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.
3. Description of Service
The Service provides cloud-based GPU compute instances accessible primarily via SSH. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms and any applicable documentation.
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make commercially reasonable efforts to provide advance notice of material changes that may adversely affect your use of the Service.
4. Acceptable Use
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the Acceptable Use Policy may result in immediate suspension or termination of your account.
5. Fees and Payment
You agree to pay all fees associated with your use of the Service in accordance with the pricing and billing terms presented to you at the time of purchase or as otherwise specified in your account. All fees are quoted and payable in U.S. dollars unless otherwise specified.
Fees are non-refundable except in the following circumstances: (a) where required by applicable law; (b) for unused credits remaining in your account; or (c) in cases of fraud or account compromise affecting your account. Refunds, where permitted, may be prorated based on the applicable circumstances. We reserve the right to modify our pricing at any time upon reasonable notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
If you fail to pay any amounts when due, we may suspend or terminate your access to the Service and pursue any available legal remedies. You are responsible for any costs of collection, including reasonable attorneys' fees.
6. Resource Usage and Fair Use
GPU instances are provisioned based on availability. We do not guarantee the availability of specific GPU models or configurations at any given time. We reserve the right to implement fair use policies, usage limits, or resource allocation adjustments to ensure equitable access to the Service for all users.
You acknowledge that compute resources are shared among users and agree not to engage in activities that unreasonably burden the Service or degrade the experience of other users.
7. Data and Content
You retain ownership of any data, files, or content you upload, create, or store using the Service ("User Content"). You grant us a limited license to host, store, transfer, and process your User Content solely as necessary to provide the Service.
You are solely responsible for your User Content and for ensuring that it complies with all applicable laws and these Terms. We do not monitor or control User Content and assume no responsibility for it.
We do not guarantee the persistence or availability of data stored on instances. You are solely responsible for maintaining backups of your User Content. Instances may be terminated, and associated data may be permanently deleted, upon account termination, non-payment, policy violations, or at our discretion.
8. Intellectual Property
The Service, including all software, designs, text, graphics, and other materials, is owned by or licensed to the Company and is protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited license expressly granted herein.
You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of any software comprising the Service, except as permitted by law.
9. Privacy
Our collection and use of personal information in connection with the Service is described in our Privacy Policy. By using the Service, you consent to our collection and use of information as set forth in the Privacy Policy.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE AMOUNTS PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.
13. Term and Termination
These Terms remain in effect until terminated. You may terminate your account at any time by following the account closure procedures in the Service or by contacting us.
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of such courts.
15. Modifications to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes acceptance of the modified Terms.
16. General Provisions
Entire Agreement. These Terms, together with the Acceptable Use Policy, Privacy Policy, and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.
Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.
No Agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and the Company.
Notices. We may provide notices to you via email to the address associated with your account or by posting on the Service. You may provide notices to us at the contact information below.
17. Contact Information
If you have questions about these Terms, please contact us at:
Tree Diagram LLC
Email: legal@gpu.st
By using gpu.st, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.