Terms | Globa Supercomputing Network

Amaryllo Inc.

Version dated: 23 October 2024

Understanding these Terms

Welcome to Amaryllo GSN Terms of Service. These terms and information are laid out to cover the key information and terms of service for Amaryllo’s services.

1. Introduction

1.1 Acceptance of Terms: By accessing or using the services provided by Amaryllo Inc. (registered in the USA, trading address: 2372 Morse Ave., Ste. 523, Irvine, CA 92614, referred to as "Amaryllo," "GSN," "we," "us," or "our"), you confirm that you have read, understood, and agreed to these Terms and Conditions of Service (the "Terms"). Our platform facilitates the offering, selling, and purchasing of services and products, with Amaryllo providing additional support to ensure safety and quality.

1.2 Platform Services: Amaryllo offers an online portal where users can discover, reserve, and deploy computing infrastructure resources. Sellers are responsible for the accuracy and validity of the hardware, information, certifications, and service listings they provide.

1.3 Conditional Use: Your access to and use of our Services is subject to your acceptance of, and compliance with, these Terms.

1.4 Agreement to Terms: By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you are prohibited from using our Services.

1.5 Compliance Obligations: The use of your Amaryllo Account and our Services must comply with these Terms, all applicable laws, and any additional policies or standards provided by Amaryllo.

1.6 Eligibility Requirements: To utilize Amaryllo's services or create an Amaryllo Account, you must be at least 18 years of age or be a legally recognized entity capable of entering into binding contracts.

1.7 Access Conditions: Amaryllo may impose certain conditions on access to specific services or features, such as verification processes, customer identification, and performance requirements.

1.8 Modifications to Terms: Amaryllo reserves the right to revise these Terms at any time, with changes posted on our platform or website. If you do not agree with the updated Terms, you must discontinue using our Services. Continued use after the changes take effect signifies your acceptance of the updated Terms.

1.9 Service Changes: We reserve the right to modify or discontinue any part of our Services, including features, functionalities, and support, at any time, with or without notice, except where prohibited by law. Amaryllo is not liable for any consequences arising from such changes.

2. Definitions and Interpretation

Account: A personal account for Users to interact as Buyers or Sellers on the Amaryllo Network or Platform, accessible via Websites or the Amaryllo App.

Account Holder: A person agreeing to these Terms to use the Service.

Amaryllo Platform: The collective services, including customer portal, billing platform, API, network, and any services agreements.

Amaryllo Software: Software enabling computational tasks, resource transactions, data collection, and blockchain connectivity.

API: Application programming interface.

Buyers: Users purchasing services or Resources on the Amaryllo Platform.

Commitment Level: The minimum commitment for devices, units, resources, or spend.

Commitment Period: The agreed duration for the above commitment.

CPO: Commitment Period Option as defined in the commitment clause.

Confidential Information: Nonpublic information disclosed by or to us, subject to certain exclusions.

Customer Services: Contact details on the Websites or Amaryllo Platform.

End Users: Individuals or entities using Your Content or Services under your account.

GSN: The Global Supercomputing Network (GSN) is a high-performance computing platform that optimizes and connects distributed computing resources globally to tackle complex computational tasks. In addition to facilitating the connection of pre-owned GPU servers with individuals and organizations in need, the platform also offers a selection of GPUs for sale.

Hardware: Devices supplying resources to the network.

IP Address: Internet Protocol address assigned to network-connected devices.

Marketplace: Where buyers are purchasing the service from third-party sellers.

Network: The collective of nodes and servers powering computational and blockchain services.

Payment Method: Chosen method for transactions on the Amaryllo Platform.

Private Cloud: Where buyers are purchasing dedicated infrastructure for a term purely for their own use.

Resources: Hardware and software resources available on the Amaryllo Platform.

Service Offerings: Services provided under this agreement, excluding Third-Party Content.

Services: Various services offered by Amaryllo, including software provision, resource trading, and account maintenance.

Subscription: User commitment to access specific services or products.

Suppliers/Sellers: Users selling services or Resources on the Platform.

User: A person using Services under these Terms.

Workloads: Tasks run or utilizing computing resources.

Your Content: Content you or End Users transfer for processing or hosting in connection with your Amaryllo account, excluding Account Information.

3. Important Advisory Notice – Availability, Inadvertent Errors and Inaccuracies of the Service

3.1 Service Updates and Inaccuracies: We continuously update our product and service offerings. Occasionally, there may be inaccuracies in product descriptions, pricing, availability, or other information on our Services or related advertisements.

3.2 Service Usage Costs: When you use our Services, you will be informed about any applicable costs, rates, fees, or revenues and their calculation basis.

3.3 Information Accuracy: Despite our efforts, we cannot guarantee the complete accuracy of information on our Services, including but not limited to prices, commissions, product specifications, and availability. We reserve the right to correct any errors or inaccuracies and update information without prior notice.

3.4 US Law Compliance: This section does not affect any statutory or common law rights under US law arising from lawful use of the Services.

3.5 Liability for Non-contractual Reliance: We are not liable for any non-contractual reliance on information presented on our websites or any controlled digital or other content.

4. Commencement

4.1 Agreement to Terms: Your acceptance of these Terms becomes effective once you create an Account on our Websites or sign the associated order form or schedule.

4.2 Term Duration: These Terms remain in force for as long as you continue to use our Services.

4.3 Termination Without Commitment: If you are not bound by a Commitment Period or active subscriptions, you may terminate this agreement at any time by discontinuing your use of the Services, as specified in the termination clause.

4.4 Termination With Commitment: If you are within a Commitment Period or have active subscriptions, termination is only permitted after fulfilling the commitment, as detailed in the termination clause.

5. Acceptable Use

5.1 Adherence to AUG: Use of Amaryllo’s services requires compliance with our Acceptable Use Guidelines (AUG). Breaching these policies may result in service termination. These policies are subject to amendment.

5.2 Workload Management: You agree to run workloads responsibly, ensuring that you do not intentionally overload, disrupt, or damage Amaryllo’s platforms and network.

5.3 Performance Scoring: For marketplace buyers, Amaryllo may assess and rate your workload performance and payment reliability.

5.4 Content and Review Policy: Users must not post malicious, defamatory, obscene, discriminatory, or inappropriate content. This includes avoiding hate speech, personal attacks, and manipulation of our review system through multiple accounts or other means. Violations may lead to account suspension or termination.

5.5 Reporting Violations: Users are encouraged to report any violations of these terms to Amaryllo immediately. Prompt reporting helps us maintain a safe and compliant environment for all users.

6. Non-Circumvention for Marketplace Buyers

6.1 By using Amaryllo’s services, you agree to adhere to our terms and policies, including the Terms of Service. We reserve the right to enforce these guidelines at our discretion, and severe or repeated violations may result in account suspension or termination. Prohibited actions that violate these terms include, but are not limited to:

(i) Engaging with Sellers or Buyers off-platform for new or existing resources.

(ii) Contacting potential Sellers or Buyers to negotiate directly outside the Amaryllo platform.

(iii) Requesting off-platform contact through non-Amaryllo channels.

(iv) Cancelling and rebooking resources with the same Sellers outside the Amaryllo platform.

(v) Encouraging off-platform collaboration for current or future resources.

(vi) Sharing direct contact details within Amaryllo platform communications.

(vii) Requesting direct contact information from Sellers or Buyers.

(viii) Soliciting contact information for external communication or payments.

Exceptions: Legal or compliance requirements may necessitate additional contact or identity information.

7. Pricing Updates

7.1 Fee Modification: Amaryllo reserves the right to modify service fees at any time, except where limited by any existing commitment period agreements.

7.2 Subscription Fees: Fees for subscription-based services or resources will be clearly communicated prior to subscription. Any fee changes will take effect at the end of the current billing cycle or within the specified fee period.

7.3 Acceptance of Changes: Continued use of Amaryllo services after a fee change indicates acceptance of the updated fee structure.

8. Subscriptions and Renewals

8.1 Subscription Start and Term: Your subscription begins on the order date through the Amaryllo platform, with the initial term selected during subscription. Unless otherwise specified, the subscription will automatically renew for the same term unless canceled by either party under the terms. To cancel, you must provide notice within the period specified on the Amaryllo platform. By subscribing, you authorize Amaryllo to charge the applicable renewal fees to your payment method. If payment fails, auto-renewal may be suspended.

8.2 Pricing Changes: Amaryllo reserves the right to adjust subscription prices anytime. Any new pricing will apply after the current term ends, with no refunds. It is your responsibility to stay informed of any price changes on the Amaryllo platform. Adjustments to your subscription may result in additional fees.

8.3 Change Notifications: For paid subscriptions, Amaryllo will notify you of any major changes to service or pricing. These changes will only take effect after your current subscription term. If you do not accept the new terms, you can choose not to renew.

8.4 Access Post-Cancellation: Upon cancellation and after your subscription term ends, access to Amaryllo services and any associated data will be discontinued.

8.5 Data Recovery After Cancellation: Retrieving data post-cancellation may not be possible. If recovery is requested, an administrative fee may apply.

8.6 Cancellation Policy: You may cancel your subscription at any time by contacting us via email at support.ai@amaryllo.com or through the Amaryllo portal. The cancellation will be effective at the end of the current subscription term. Charges will apply until the term concludes, with no pro-rata refunds for unused periods.

9. User Restrictions

(i) knowingly misrepresent their identity or affiliation with any other person or organization;

(ii) use our websites or services to send junk email, spam, or any form of unsolicited communication to recipients who have not consented or do not wish to receive them;

(iii) attempt to access, decompile, reverse engineer, decipher, decrypt, decode, create derivative works from, disassemble, convert into human-readable form, or otherwise interfere with Amaryllo and/or partner's software;

(iv) use the Amaryllo software outside of the Amaryllo platform and service without authorization;

(v) attempt to bypass or avoid any fees due for using the Amaryllo platform;

(vi) share, rent, or lease your right to use Amaryllo software without prior approval.

9.2 Amaryllo reserves the right to terminate your account, delete any pages or profiles, or take any other action it deems appropriate in the event of a breach of these terms or any other unlawful conduct.

9.3 Multiple user accounts controlled by a single person or entity may be considered a botnet. Access to these accounts may be suspended, and an investigation will be initiated. If found to violate these terms, such accounts may be terminated.

9.4 Suspecison Acces: We may temporarily suspend your or any end user’s right to access or use any portion or all of the service offerings, effective immediately upon notice, if we determine that:

(i) Your or an end user’s use of the service offerings:

(a) Poses a security threat to the service offerings, our systems, or any third party;

(b) Could negatively impact the performance or integrity of our systems, the service offerings, or the content and systems of other Amaryllo customers;

(d) Appears to be fraudulent or otherwise suspicious.

(ii) You or any end user has breached this agreement;

(iii) You are in default of your payment obligations;

(iv) You have ceased normal business operations, made an assignment for the benefit of creditors, or become subject to any bankruptcy, reorganization, liquidation, dissolution, or similar legal proceedings.

9.5 Responsibilities During Suspension: If your access to the service offerings is temporarily suspended:

(i) You remain liable for all applicable fees and charges incurred during the suspension period; and

(ii) You will not be eligible for any service credits outlined in the service level agreements during the period of suspension.