📃Terms of Use

Terms of use. Version 1.0. April 1, 2024

Please read these Terms of use carefully, as no action on your part within your relations with us is possible if you do not agree with these Terms of use in whole and in part. If you choose to proceed, it will result in some legal obligations in accordance with these Terms of use.

These Terms of use is entered into between DEKUBE PTE. LTD, referred to as the "Marketplace" in these Terms of use, and you (individual or company), referred to as “You” or the "Provider". If you use the software or web interface (referred to as “Tools”) provided to you by the Marketplace for these Terms of use execution, you are also binding by these Terms of use.

To enter these Terms of use, you must be at least 18 years old or a legally recognized entity.

You provide computing power to the Marketplace. In return, the Marketplace pays for this computing power and may use it or lease it to clients at its own discretion.

All rates and fees for your services and payment conditions are listed here: dekube.ai. The Marketplace reserves the right to modify the service rates, fees, and payment conditions at any time without your consent and prior consultation with you. It is your obligation to check the current rates, fees, and conditions using the link above. The new fees, rates, and conditions will become legally binding for you and Marketplace as soon as they are accessible via the aforementioned link.

You bear full responsibility for safeguarding the confidentiality of your password and account. Under no circumstances may you utilize another individual's/company’s account. Furthermore, you are accountable for all activities conducted under your account.

You must utilize the Tools solely for legitimate activities and provide computing power from lawful sources.

These Terms of use in no way provide you any intellectual property rights to the Tools except right to use Tools in terms of these Terms of use execution. You must not distribute, modify, create derivative works and/or use the Marketplace’s intellectual property in any similar way that varies from using it for these Terms of use execution.

If a dispute arises between you and any third party in connection to any activities under these Terms of use, you hereby release the Marketplace, its officers, employees, agents, and successors from any claims, demands, and damages (whether actual or consequential) of every nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or connected to such disputes and/or the Marketplace's services.

These Terms of use shall be governed by, and construed in accordance with, the laws of the British Virgin Islands. If a dispute arises between you and the Marketplace, the parties must first try to resolve it by mutual agreement. If such an agreement cannot be reached, the dispute must be resolved in an appropriate venue in the British Virgin Islands.

You understand the risks of services and using the Tools, including but not limited to those described below. All these risks are your own responsibility, and the Marketplace will in no way be responsible if any of these risks occur.

- Possible high operational costs like higher electricity, bandwidth costs and/or others

- Overclocking and its possible negative consequences

- Damage due to not enough cooling of hardware

- Cryptocurrency and/or fiat currency fluctuations

- Negligent or intentional misuse of hardware or Tools

- Issues with compatibility

To the maximum possible extent permitted by applicable law, you agree to release, defend, indemnify and hold free from all or any liability the Marketplace and its directors, officers, employees, its subsidiaries and their directors, officers and employees, contractors, agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all or any legal fees), resulting from or arising out of execution of these Terms of use and/or the Tools’ using.

You use the services and the Tools at your own risk. The Tools are provided as is. The Marketplace offers no express or implied warranties. The Marketplace, its directors, officers, and employees will not be liable to you for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, revenues, customers, opportunities, goodwill, use, or data), even if a party has been advised of the possibility of such damages. The Marketplace, its directors, officers, and employees will not be responsible for any compensation, reimbursement, or damages arising in connection with (a) your inability to use the services, including as a result of any (i) termination or suspension of these Terms of use or your use of or access to the service offerings, (ii) our discontinuation of any or all of the service offerings, or, (iii) without limiting any obligations under these Terms of use, any unanticipated or unscheduled downtime of all or a portion of the services for any reason; (b) the cost of procurement of substitute goods or services; (c) any investments, expenditures, or commitments by you in connection with these Terms of use or your use of or access to the service offerings; or (d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of your content or other data.

The Marketplace shall not be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or relating to these Terms of use, whether based on breach of contract, tort (including negligence), or otherwise. You agree that the limitations and exclusions of liability in these Terms of use are fair and reasonable in all the circumstances, having regard to the matters contemplated by these Terms of use, including not meeting your needs and expectations, service interruptions, errors, accuracy or reliability of information provided by the Tools.

The Marketplace reserves the right to modify these Terms of use at any time without your consent and prior consultation with you. The current version of these Terms of use can be found here: dekube.ai. It is your obligation to check the current version of these Terms of use before you proceed. If you proceed, this indicates acceptance of the new Terms of use. The latest version of the Terms of use becomes legally binding for you as soon as it is accessible via the aforementioned link.

The Marketplace reserves the right to terminate these Terms of use immediately and without providing any explanation. In this case, you may not seek compensation for damages, losses, unrealized profits and similar.