1. Who this is between
These terms are an agreement between Obsidian Peaks Technologies AB, a Swedish limited company (“Obsidian Peaks”, “we”), and the person or organisation that opens an account (“you”). If you open the account for an organisation, you confirm that you are allowed to bind it. They apply to everything you rent from the Console.
2. What you get
On-demand compute: a container with exclusive use of one NVIDIA GPU on a machine we operate in Sweden, with the disk size you chose and root access inside the container. You start it, stop it and destroy it yourself.
On-demand capacity is let one term at a time. A term is seven days. In the last days of a term, as shown in the Console, you may renew it for another. We also let machines on long-term agreements, and a long-term booking takes priority: if the machine you are using is booked long-term, your term cannot be renewed and your instance ends when the term does. We tell you as soon as we know. An instance whose term has ended is stopped, and its disk is deleted after the grace period shown in the Console unless you renew.
On-demand capacity is offered as available. A box that is free now may be taken by the time you press Rent. We do not promise that a particular machine, or any machine, will be free at a particular time, and on-demand instances carry no uptime guarantee. If you need a guarantee, ask us for a dedicated node agreement.
We may interrupt an instance for urgent maintenance, a hardware fault or a security problem. We will give notice when we reasonably can. Time an instance is not running is not charged as GPU time.
3. Prices and payment
Prices are shown in the Console in Swedish kronor excluding VAT; VAT is added where it applies. You pay for three things, metered separately: GPU time while the instance is running, disk for as long as the instance exists (running or stopped), and network traffic in and out. On-demand GPU time follows the median price for the same GPU model on the open on-demand market, less the discount shown in the Console, and never goes below the machine’s own floor price; disk and traffic follow the open-market price for the same machine. Prices therefore differ between machines and change over time. The price that applies to a term is the price shown when you start it, and it holds until the term ends. A term renews automatically when it ends, at the price current then, unless you have turned automatic renewal off for the instance, the machine is booked long-term, or your balance or monthly limit does not allow it; we mail you before the term ends, and the new price when it has changed. A renewal you make yourself is priced when you renew.
Payment is prepaid. You keep a balance with us and usage is deducted from it. You must have a payment card on file before you can rent. By adding a card you authorise us to charge it: (a) the minimum deposit shown in the Console when you start an instance and your balance is below it, and (b) the top-up amount shown in the Console whenever your balance runs low while an instance is running. You can remove the card at any time when you have no instance.
If your balance runs out and the card cannot be charged, we stop the instance. A stopped instance keeps its disk, and disk is still charged. If the balance is still empty after the grace period shown in the Console, the instance and everything on its disk are deleted.
Usage you have consumed is not refundable. Unused balance is refunded to the original payment method on request, less any payment-processing fee we were charged. Statutory consumer rights are not affected.
4. What you may use it for
Machine-learning training and inference, rendering, simulation, scientific computing, software development and testing, and any other lawful workload.
5. What you may not do
- Anything unlawful in Sweden or where you are, including storing, producing or distributing child sexual abuse material, or content that infringes somebody else’s rights.
- Attack, scan, probe or disrupt anyone’s systems, including ours: no denial of service, no credential attacks, no malware, botnets or command-and-control, no scanning of networks you do not own.
- Send unsolicited bulk email or messages, or run open relays, open proxies, Tor exit nodes or public VPN endpoints.
- Try to break out of your container, reach the host, other customers’ instances or our management network, interfere with metering, or probe how the platform is built.
- Mine cryptocurrency, or resell, sublet or white-label the capacity, without our written agreement first.
- Share copyrighted material over peer-to-peer networks.
- Use the service where a failure could lead to death, injury or environmental damage, or in breach of export-control or sanctions law.
- Open an account with false details, or more than one account to get around a suspension or a limit.
You are responsible for everything that runs in your instances and for keeping your SSH keys and password safe, including anything done by people you give access to.
6. Your data
What you put in an instance is yours. We do not look inside your instances except where it is necessary to operate the service, to investigate a suspected breach of these terms, or where the law requires it.
The machines are in Sweden. We do not move your data out of the EU/EEA.
We do not back up instance disks. Destroying an instance, or letting it lapse unpaid past the grace period, deletes its disk permanently and we cannot recover it. Keep your own copies of anything you cannot afford to lose.
If you process personal data in an instance, you are the controller and we act as your processor for the limited purpose of hosting it. Ask us for a data processing agreement (our data processing agreement) before you process personal data; special categories of data require our written agreement first.
7. Operations access
We keep an operations SSH key on every machine and instance we run. It is not shown in your key list. We use it only:
- when you ask us for help;
- to restore a service that has stopped responding, or to apply urgent security maintenance;
- to investigate a security incident or a suspected breach of the acceptable use rules in section 5;
- when the law requires it.
Every use is logged with the time, the person and the reason. We tell you afterwards unless the law or an ongoing investigation prevents it. We do not access your data beyond what the case requires.
Our host software manages the machine your instance runs on: it starts, stops and deletes instances.
8. Suspension and closing the account
We may suspend an instance or an account at once, without notice, if we reasonably believe these terms are being broken, if there is a security risk to us or to others, or if a payment is reversed or disputed. We will tell you why unless the law prevents it.
You may close your account whenever you have no instance. We may close an account with 30 days’ notice, or immediately for a serious or repeated breach.
9. Liability
The service is provided as it is. To the extent the law allows, our total liability for any claim is limited to what you paid us in the three months before the event that gave rise to it, and we are not liable for lost profit, lost data, lost business or other indirect loss. Nothing here limits liability that cannot be limited by law, or the statutory rights of a consumer.
10. Changes
We may change these terms and our prices. A new version applies from the next time you start an instance, and the Console will ask you to accept it first. Instances already running keep the price they started at.
11. CPU servers
A CPU server is a virtual server that runs in a data centre in the country you choose in the Console — Germany, Finland, the United States or Singapore — operated by a hosting partner on our behalf. It runs Ubuntu with root access over SSH using the keys on your account. It is not in Sweden, and your data on it is stored where the server is.
Each plan includes the monthly network traffic shown in the Console. We do not offer traffic beyond it.
CPU servers are billed by the hour from your balance, never more per calendar month than the monthly cap shown when you order. The price shown when you order holds for as long as that server exists. A powered-off server is still billed while it exists; delete it to stop paying.
If your balance runs out and the card cannot be charged, the server is powered off. If the balance is still empty 48 hours later, the server and everything on its disk are deleted.
12. Law and disputes
Swedish law applies. Disputes are settled by the Swedish courts, with Stockholm District Court as the court of first instance. If you are a consumer you may also turn to the National Board for Consumer Disputes (ARN).
13. Extra IPs
You may order extra public IPv4 addresses for an instance or a dedicated box. An address is in the country you choose (Germany, Finland, the United States or Singapore), on a relay server we operate there with a hosting provider, and is exclusive to you for as long as you keep it. Every TCP and UDP port of the address is forwarded, unchanged, to the box you attached it to; you control which ports answer with the box’s own firewall. Traffic to an extra IP therefore passes through the relay in that country, and the box sees it as coming from the relay.
Two tiers: a shared relay, where your address is your own but the relay serves other customers’ addresses too, and an exclusive relay, a server used for your addresses only.
An extra IP is priced per hour in Swedish kronor, as shown in the Console before you order, with a monthly cap that is also shown there. It is billed from the moment the address is yours until you remove it, whether or not the box is connected, and never more than the monthly figure shown. It is deducted from your balance like other usage; if the balance runs out and cannot be refilled, the address is removed. A removed address cannot be recovered.
We may rotate or replace a relay, keeping your address, with notice when we reasonably can. The acceptable use rules in section 5 apply to everything reachable through an extra IP.
