Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by Brightnode Cloud ("Brightnode", "we", "us", or "our"), including the website at https://brightnode.cloud, the console at https://console.brightnode.cloud, and any related GPU cloud computing services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity and its affiliates.

1. Accounts and Registration

You must create an account to use the Services. You agree to provide accurate, current, and complete information during registration and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use or security breach.

2. Services Description

The Services provide on-demand access to virtual machines, GPUs, storage, networking, and related compute resources optimized for AI/ML workloads, training, inference, rendering, and other GPU-accelerated tasks. Resources are generally available on a pay-as-you-go basis with no long-term commitments unless otherwise specified. We may provide pre-configured templates for frameworks such as PyTorch, TensorFlow, ComfyUI, and others.

Certain features or resources may be offered in beta, preview, or early access status ("Beta Services"). Beta Services are provided "AS IS" with no warranties, support obligations, service level agreements (SLAs), or uptime guarantees. We may modify, suspend, or discontinue Beta Services at any time without notice or liability. Your use of Beta Services is at your own risk, and data loss or interruptions may occur.

We do not guarantee uninterrupted access, specific performance levels, minimum uptime, or availability of any particular GPU type or region. Instances may be subject to interruptions, especially for spot/on-demand resources.

3. Acceptable Use and Prohibited Activities

You agree to comply with our Acceptable Use Policy (available at https://brightnode.cloud/acceptable-use or linked within the Services). You will not, and will not allow others to:

• Use the Services for any illegal, harmful, or fraudulent activity, including child exploitation, terrorism, distribution of malware, spam, phishing, or infringement of intellectual property rights.
• Engage in cryptocurrency mining, blockchain validation, proof-of-work activities, operating a coin service/exchange, or any cryptocurrency-related activities unless expressly permitted in writing by us.
• Host or distribute obscene, defamatory, or adult content that violates applicable laws.
• Conduct unauthorized security testing, vulnerability scanning, or denial-of-service attacks against third parties.
• Overburden the Services, interfere with other users, or attempt to circumvent usage limits, quotas, or billing.
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services or any software provided therein (except as permitted by law).
• Use the Services in support of high-risk activities where failure could cause death, injury, or environmental damage (e.g., nuclear facilities, air traffic control).

We reserve the right to investigate violations, suspend or terminate access, and report to authorities as required.

4. Export Controls and Sanctions Compliance

You represent and warrant that your use of the Services complies with all applicable export control laws, trade sanctions, and regulations, including but not limited to those administered by the United States (Export Administration Regulations (EAR), Office of Foreign Assets Control (OFAC) sanctions, International Traffic in Arms Regulations (ITAR)), Thailand, and other relevant jurisdictions.

You will not:

• Access or use the Services from, or provide access to, any country, territory, or person subject to comprehensive U.S. or applicable embargoes/sanctions.
• Use the Services for prohibited end-uses, including the design, development, production, or use of nuclear, chemical, biological weapons, missiles, or military applications restricted under applicable laws.
• Provide access to any individual or entity on restricted parties lists (e.g., OFAC SDN List, Denied Persons List).

Violation of this section may result in immediate termination and reporting to authorities.

5. User Content and Responsibilities

You retain ownership of any data, models, code, datasets, files, or other content you upload, store, process, or generate using the Services ("User Content" or "Customer Data"). You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and use User Content solely as necessary to provide, maintain, secure, and improve the Services (including for abuse detection and legal compliance).

You are solely responsible for:

• The legality, accuracy, and non-infringement of User Content.
• Backing up your data, we provide no guarantee against loss, and snapshots/backups (if any) are your responsibility.
• Complying with all applicable laws, including export controls.

6. Third-Party Materials

The Services may include or allow use of third-party software, templates, images, models, or components ("Third-Party Materials"). You are responsible for complying with any applicable third-party licenses or terms. We disclaim all liability for Third-Party Materials and do not endorse them.

7. Feedback

Any suggestions, ideas, improvements, or feedback you provide regarding the Services ("Feedback") is non-confidential. We may use, modify, and incorporate Feedback without restriction, obligation, or compensation to you.

8. Billing and Payment

Pricing is usage-based (e.g., per second/hour of GPU/CPU/storage) as displayed in the console or pricing page. You authorize automatic charges to your designated payment method. New accounts may receive promotional credits (e.g., $100 free credit during beta), which expire and have no cash value.

We may change pricing or introduce new fees with reasonable notice (via email or console). You are responsible for all taxes unless explicitly stated otherwise. Disputes regarding charges must be raised in writing within 30 days of the invoice date. No refunds for usage except as required by law or our discretion.

9. Intellectual Property

The Services, software, interfaces, and underlying technology are owned by Brightnode or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services during active usage/subscription solely for your internal purposes in accordance with these Terms.

10. Termination and Suspension

We may suspend or terminate your account or access immediately and without liability if:

• You breach these Terms (including Acceptable Use or Export Controls).
• You fail to pay any amounts due.
• Continued provision would violate applicable law.
• At our discretion, including during beta phases.

Upon termination, access ceases immediately. We may delete User Content after a reasonable grace period (typically 30 days), subject to legal obligations. Sections surviving termination include payment obligations, indemnification, limitations of liability, governing law, and export controls.

11. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED/AVAILABLE PERFORMANCE. WE DISCLAIM LIABILITY FOR ANY THIRD-PARTY MATERIALS OR USER CONTENT.

IN NO EVENT WILL BRIGHTNODE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES), EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM (OR $100 USD IF NO PAYMENTS WERE MADE).

12. Indemnification

You agree to indemnify, defend, and hold harmless Brightnode, its affiliates, officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to: your use of the Services, your User Content, your violation of these Terms (including export controls), or infringement of third-party rights.

13. Force Majeure

Neither party is liable for any delay or failure to perform (except payment obligations) due to causes beyond reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government actions, strikes, or internet/power outages.

14. Assignment

You may not assign or transfer these Terms or your rights/obligations without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or similar transaction.

15. Copyright / DMCA Policy

We respect intellectual property rights and respond to valid copyright infringement notices under applicable laws (e.g., DMCA). If you believe your copyrighted work has been infringed via the Services, contact our designated agent at legal@brightnode.cloud with required details. We may terminate accounts of repeat infringers.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of Thailand, without regard to conflict of laws principles. Any disputes arising from or relating to these Terms shall be resolved exclusively in the courts located in Phuket, Thailand. You waive any objection to venue or inconvenient forum.

17. Changes to Terms

We may update these Terms at any time. We will post the revised version with an updated "Last Updated" date. Continued use after changes constitutes acceptance. For material changes, we may provide additional notice via email or console.

18. Miscellaneous

These Terms constitute the entire agreement and supersede prior agreements. If any provision is held invalid or unenforceable, the remaining provisions remain in full effect. No waiver of any breach constitutes a waiver of subsequent breaches. Headings are for convenience only. No third-party beneficiaries.