Terms of Use

1. Definitions

“GPU Cloud”, “we”, “us”: the operator of the gpucloud.ca platform. “Customer”, “you”: the person or business holding an account. “Platform”: the website, the console, the REST API, the MCP server and the related services.

“Server”: a virtual machine with one or more graphics processors (GPUs) that you launch on the Platform. “Credits”: the prepaid balance, in Canadian dollars, used to pay for hourly-billed usage. “Hibernation”: the state in which a server is shut down and its graphics processors released, without deleting its disk.

“Key”: a REST API key or an AI agent (MCP) access key. “Trusted device”: a browser you declared trusted after a two-step verification.

2. Acceptance and eligibility

You must be of the age of majority and able to enter into a contract. If you open an account for a business, you represent that you are authorized to bind it; the business is then the Customer. The information given at sign-up and in your billing profile must be accurate and kept up to date.

3. Account and security

Signing in requires a password and a mandatory two-step verification (one-time code generated by an authenticator app). You are responsible for keeping your credentials, your second factor and your keys confidential, and for every action made with them.

Every sign-in from a new device is reported to you by e-mail. Sensitive actions (adding a payment method, automatic reload, raising a budget limit, creating keys, changing the profile, deleting the account, etc.) require, on a device that is not trusted, a new sign-in with the second factor. You may then declare the device trusted; this trust lapses after 90 days without use and can be revoked at any time from the console, which also ends that device’s session.

Notify us without delay of any unauthorized use of your account. We may temporarily block an access that presents a risk to your account or to the Platform.

4. GPU services and usage-based billing

Every server launched is billed from its launch. There is no free trial period. An hourly-billed server is billed for every hour started for as long as its resources are reserved, including when it is stopped; only hibernation or deletion ends hourly billing.

A monthly or annual server is paid in advance for its period; the period paid is not refunded if you delete the server before its end, unless the law provides otherwise. Current prices are displayed before each order; a server’s hourly rate is set at its creation.

The availability of a GPU model or region is not guaranteed and may vary. Restoring a hibernated server depends on the capacity available at that time; its public IP address may change.

5. Prepaid credits, automatic reload, taxes and currency

Hourly servers are paid from your prepaid credit balance. Amounts are in Canadian dollars (CAD). Applicable taxes (GST, QST or HST) are calculated from the billing address of your profile and shown on your receipts and invoices. Credits are neither transferable nor convertible into cash and are not refundable, except where the law requires it.

Automatic reload is optional. It is only turned on with your explicit agreement, which states the amount, the trigger threshold ($20 by default) and the maximum frequency. Before each automatic charge, a notice is sent to you; it contains a “Cancel this reload” button that cancels only the next scheduled reload, without turning the option off, and a link to turn automatic reload off. A receipt is sent to you after each charge.

You can turn automatic reload off in one click, at any time. You may also waive the prior notices by typing the requested confirmation phrase; receipts are always sent.

6. Budget limits, balance alerts and automatic hibernation

You can set a monthly budget limit and, optionally, a daily limit, for your account and for each hourly server. An alert is sent to you as a limit approaches. When it is reached, your hourly-billed servers are hibernated automatically and any new spending (deployment, start, order, automatic reload) is refused until you raise the limit or a new period begins. Your prepaid servers are not affected.

As it decreases, your balance triggers notices: when it reaches 50% and then 25% of the last amount reloaded, then when the estimated autonomy at the current hourly cost falls below about 6 hours and 1 hour. Each notice is sent only once per reload cycle. These notices are informational: it is up to you to add credits in time.

When the balance no longer covers the next hour, hourly servers are hibernated automatically and you are notified by e-mail. Hibernation does not delete the server’s disk, but data in memory and running processes are lost; save your work regularly.

7. Acceptable use

You may not use the Platform to: engage in any illegal activity; attack, scan or attempt to compromise third-party systems (denial of service, intrusion, unauthorized port scanning); send spam or unsolicited communications; host or distribute malware; host, produce or distribute unlawful content, including any child sexual abuse material, hateful or defamatory content; infringe the intellectual property rights or the privacy of others.

It is also prohibited to circumvent or attempt to circumvent the security measures, budget limits, quotas or billing of the Platform; to mine cryptocurrencies without prior written authorization; to resell, sublet or make the service available to third parties as a competing service without a written agreement.

You are responsible for the content, software and models you run, and for the licences they require.

8. Suspension and termination

We may suspend or hibernate a server, or suspend an account, in case of breach of these terms, non-payment, payment dispute, risk to the security of the Platform or of third parties, or at the request of a competent authority. Where reasonable, we notify you beforehand and give you the opportunity to remedy the situation.

You may end the contract at any time by deleting your account (section 17). We may end it with reasonable notice, or without notice in case of serious breach.

9. Customer data and backups

Your data belongs to you. We do not access it, except to provide the service, at your request (support) or where the law requires it.

You are solely responsible for backing up your data. Deleting a server permanently erases its disk: its data cannot be recovered. We recommend keeping up-to-date copies outside the Platform.

“Backup” option ($9.99 per month per server): Daily backup of the system disk (100 GB: operating system, software and configuration), kept 7 days. The work disk (high-capacity local storage) is not included: back up your important data elsewhere. The server is briefly interrupted during the backup, at the time you choose. Only a running server is backed up; a failed backup is retried once, then you are notified. Restoring a backup creates a new server, billed normally. The backups of a server are deleted with it, or when the option is turned off. The option does not replace your own backup copies and does not guarantee data recovery.

10. Availability and maintenance

We make reasonable efforts to keep the Platform available, without guarantee of continuous or error-free availability. Scheduled maintenance may take place; we announce it in advance when possible. Emergency maintenance may be performed without notice to protect the security or integrity of the service.

11. Limitation of liability

To the extent permitted by law, we are not liable for indirect damages, including loss of profits, data, goodwill or business opportunities. Our total liability, for all causes combined, is limited to the amounts you paid us in the three months preceding the event concerned.

If you are a consumer within the meaning of the Quebec Consumer Protection Act, these limitations apply only to the extent that Act allows; your rights under that Act remain intact.

12. Indemnification

You agree to indemnify us against third-party claims arising from your use of the Platform in breach of these terms or of the law, including reasonable legal fees, except where the law applicable to consumers prohibits it.

13. Intellectual property

The Platform, its code, its brand and its documentation belong to us or are licensed to us. We grant you a limited, non-exclusive and non-transferable right of use for the term of the contract. Your content remains your property; you only grant us the right to host and process it to the extent necessary to provide the service.

14. Protection of personal information

The processing of your personal information is described in our Privacy Policy (gpucloud.ca/legal/privacy), which forms part of these terms.

15. API, MCP keys and AI agents

You can create API keys and AI agent access keys. You are responsible for every action made with your keys, including those decided autonomously by an AI agent, and for the resulting spending, within the limits and caps you set. It is up to you to set appropriate caps and to monitor the activity of your keys, which is logged.

You can revoke a key at any time. We may revoke or restrict a key that is misused or compromised, and rate-limit requests.

16. Payment disputes

Before disputing a payment with your financial institution, contact us: most situations are resolved quickly.

We keep evidence of your authorizations and of the use of the service (consents, IP address, device, prior notices, receipts, server usage logs) and may provide it to the payment processor in case of dispute. During a dispute, the account may be suspended.

17. Account deletion

You can request the deletion of your account from the console. You must first delete your servers. The deletion takes place after a 7-day withdrawal period, during which you can cancel it; an e-mail confirms it to you.

Before the deletion, a full export of the account’s data is archived in a restricted internal location, for the legal retention period. Your keys, sessions, devices and saved payment methods are revoked; your operational data is deleted and the records the law requires us to keep (invoices, payments, consents, audit trail) are anonymized. Remaining credits are forfeited, unless the law provides otherwise.

18. Changes to the terms

We may change these terms. Any new version is shown at your next console visit and must be accepted to keep using it. If you refuse it, you may delete your account; amounts already paid for a current period remain governed by the previous version.

19. Governing law and courts

These terms are governed by the laws of Quebec and the federal laws of Canada applicable therein. Any dispute falls under the courts of the judicial district of Montréal, subject to a consumer’s right to bring proceedings before the court of their domicile.

If a provision is held invalid, the others remain in force. The French and English versions are equally authoritative.

20. Contact us

For any question about these terms: hboivin@hdce.ca, or support in the console.