AI Platform Terms of Service (TOS)
Effective: 6 October 2025
Provider: Hyperfusion Computing Services FZE, a company organized under the laws of the United Arab Emirates, Jebel Ali Free Zone (“Provider”, “we”, “us” or “our”).
Customer: The person or entity creating an account or using the Services (“Customer”, “you”).
1) Definitions
“Services”: Provider’s AI platform services, including (a) LLM Inference (model APIs and endpoints); (b) GPUaaS (on‑demand or reserved GPU instances); and (c) Fine‑Tuning (training/adapter jobs, evaluation, hosting of tuned models).
“Customer Content”: Inputs, prompts, datasets, code, and configurations you provide; and “Output”: model responses generated from your inputs.
“Usage Data”: Telemetry and operational metrics about how the Services are accessed (e.g., request counts, error rates, latency).
“Fine‑Tuned Model”: A base or hosted model that has been adapted using Customer Content via our Fine‑Tuning Services.
“Credits”: Pre‑paid monetary value redeemable for Services.
“Subscription Plan”: A time‑based plan with included entitlements, limits, and overage pricing.
“AUP”: Acceptable Use Policy (Appendix A).
2) Account & Eligibility
You must provide accurate information, keep credentials confidential, and ensure your users comply with this TOS and the AUP. You are responsible for all activity under your account and any API keys issued to you.
3) Service Specific Terms
3.1 LLM Inference
Access. We provide REST endpoints and SDKs to call supported models (first‑party and third‑party).
Rate limits. We may enforce per‑key or per‑account limits to protect platform stability.
Caching. For performance, we may cache prompts or embeddings in encrypted form for short periods; see §8 (Data Protection) for retention.
Safety. We apply automated safety filters and abuse detection, which may block or modify requests/outputs to comply with the AUP and applicable law.
3.2 GPUaaS
Provisioning. Instances are provided as on‑demand or reserved; available GPU types vary by region. You remain responsible for OS/application hardening within your instance.
Usage measurement. Billed per second or minute, plus any storage/egress.
3.3 Fine‑Tuning
Your datasets. You must have all rights needed to use datasets for fine‑tuning and to instruct us to process any personal data in them.
Artifacts & weights. Unless a base model license forbids, you own the rights in your Fine‑Tuned Model weights as between you and us; we retain platform IP (tooling, pipelines, evaluators). If the base model license does not allow weight ownership or export, you receive a right to use the tuned model on our platform.
Hosting. We host your Fine‑Tuned Model for inference unless you export it and the base license allows export.
4) Acceptable Use (summary; full AUP in Appendix A)
Do not use the Services to violate law or rights, generate or disseminate malware, infringe IP, cause harm, or process content contrary to UAE public order/morality. We may suspend/terminate for violations and will act on lawful takedown requests.
5) Pricing, Credits & Subscriptions
5.1 Pricing & Taxes
Pricing is published in the dashboard or Order Form and may change on 10 days’ notice (except for committed/subscription terms already in effect). Fees exclude UAE VAT (currently 5%) and other applicable taxes, which you must pay.
5.2 Pre‑Paid Credits
Purchase & use. Credits may be purchased in your account and automatically applied to usage.
Expiration. Credits expire 9 months after purchase unless stated otherwise in an Order Form.
No refunds/transfer. Credits are non‑refundable and non‑transferable except where required by law.
Currency. Credits are denominated in [USD/AED]. Exchange rates and taxes may affect effective purchasing power.
5.3 Subscription Plans
Term & renewal. Plans are month‑to‑month or annual and auto‑renew unless you cancel in the console before the next term begins.
Included entitlements. If you exceed plan limits, overage rates apply.
Non‑refundability. Fees are billed in advance and are non‑refundable, including for partial periods, except where required by law.
5.4 Invoices; Late Payment
Invoices are due within 15 days of issue unless paid by card/credits at time of purchase. We may charge late fees/interest permitted by law, suspend Services for non‑payment, and recover collection costs (consistent with your template’s suspension and interest structure, but sized for SaaS).
6) Intellectual Property & Feedback
Your rights. You retain all rights in Customer Content and, as between you and us, in Outputs, subject to third‑party model licenses and applicable law.
Our IP. We own the platform, branding, models we create, APIs, documentation, and usage analytics.
Feedback. You grant us a royalty‑free license to use feedback to improve the Services.
7) Third‑Party Models & Services
Some models are provided under third‑party licenses (open‑source or commercial). Your use of those models via our platform is subject to those licenses; where a third‑party license conflicts with this TOS, the license terms for that model control your model‑specific rights and restrictions. We are not responsible for third‑party services outside our reasonable control.
8) Data Protection, Privacy & Security
Roles. For Hosted Services we act as processor of Customer Content, and you are the controller. (Same allocation used in your template.)
No training on Customer Content by default. We do not use your inputs, outputs, or datasets to train or improve our or others’ models unless you opt‑in in writing or in the dashboard.
Operational logs. Minimal request metadata is retained for up to 30 days for fraud/abuse, support, billing, and safety (longer if required by law or to resolve open tickets). You may request log minimization where technically feasible.
Fine‑tuning storage. Datasets and intermediate artifacts are stored encrypted at rest and deleted within 30 days after you delete the project or upon written request (unless longer retention is required by law or for dispute resolution).
Data localization. Customer Content is processed in the UAE unless you configure a multi‑region or consent to cross‑border transfers consistent with UAE PDPL/DIFC/ADGM rules preserved from your template.
Security. We maintain administrative, technical, and physical safeguards consistent with UAE national information security requirements (e.g., UAE IAS) and a shared‑responsibility model (we secure the infrastructure and control plane; you secure your datasets, configurations, and identities).
Sub‑processors. We may use vetted sub‑processors; we remain responsible for their performance and will provide a current list upon request.
9) High‑Risk Use; Output Caution
You must not rely on Outputs as a substitute for professional advice or for autonomous decisionmaking in safety‑critical contexts (e.g., medical diagnosis, legal decisions, aviation, nuclear). Use humans‑in‑the‑loop and evaluate outputs for accuracy and bias before use.
10) Service Changes; Beta/Preview
We may improve, add, or remove features. Beta or preview features are provided “as is” and may be suspended at any time.
11) Term; Suspension; Termination
By you. Cancel renewals in the console at any time; your plan remains active until the end of the current term.
By us. We may suspend or terminate for material breach (including AUP violations or non‑payment) after notice and an opportunity to cure where feasible; immediate action may be taken to protect the platform or comply with law.
Effect. On termination, your access ends. You have 10 days to export Customer Content and Outputs unless legally restricted; thereafter we delete content per §8.
12) Warranties; Disclaimers
Except for the SLA below, the Services are provided “as is” and “as available.” We disclaim implied warranties (merchantability, fitness, non‑infringement) to the maximum extent permitted by law.
13) Indemnities
By you. You will defend and indemnify us against claims arising from (a) your Customer Content or your use of Outputs; (b) your breach of this TOS or AUP; or (c) your violation of law or third‑party rights.
By us. We will defend and indemnify you against third‑party claims alleging that our platform (excluding models you select, Customer Content, or third‑party components) directly infringes IP rights, with standard exclusions (combinations, modifications, non‑current versions, AUP violations).
14) Liability
Limitation. Each party’s aggregate liability in any 12‑month period is capped at the greater of (i) fees paid by you to us in that period for the affected Services or (ii) one month of fees.
Exclusions. No liability for indirect, special, incidental, consequential, punitive, or lost profits, subject to non‑excludable law.
15) Governing Law; Dispute Resolution
This TOS is governed by DIFC law; the DIFC Courts have exclusive jurisdiction. We may seek enforcement or injunctive relief in any competent court if needed.
16) Export & Sanctions
You represent that you are not subject to sanctions and will not use the Services in violation of UAE or applicable international export/sanctions controls.
17) Changes to this TOS
We may update this TOS with 30 days’ notice. Continued use after the effective date constitutes acceptance.
Service Level Agreement (SLA)
Summary of Commitments (monthly, per region, excluding maintenance & exclusions in §4):
| Service | Availability Target | Key SLOs |
|---|---|---|
| LLM Inference API (control & data plane) | 99.6% (Standard) / 99.9% (Premium Support add‑on) | p95 latency objectives published per model family; request acceptance within 5 minutes during autoscaling |
| GPUaaS | 99.5% | Provisioning SLO: 90% of instance requests fulfilled within 15 minutes when possible for in‑stock SKUs; Instance MTTR: 4 hours for host failures |
| Fine‑Tuning Jobs | 99.0% scheduling availability | Job start SLO: 95% start within 60 minutes of entering “queued” (subject to quota & capacity); Artifact retention: per §8 |
1) How Availability is Measured
LLM Inference “Downtime”: 5xx error rate >5% or request timeouts >5% over a rolling 5‑minute window, measured from Provider‑side monitoring in the relevant region.
GPUaaS “Unavailability”: (a) API cannot create/attach/boot instances; or (b) >10% of running instances in a region crash due to Provider fault and are not auto‑recovered in 180 minutes.
Fine‑Tuning “Unavailability”: Platform cannot accept new jobs, or job queue halts for >30 consecutive minutes due to Provider fault.
2) Scheduled & Emergency Maintenance
Scheduled: at least 72 hours’ advance notice; windows are excluded from SLA calculations.
Emergency: performed as needed to address critical security/stability risks; excluded from SLA.
3) Response & Resolution Targets (Support)
Critical (sev‑1): response within 1 hour, target restore 4 hours.
High (sev‑2): response 2 hours, target restore 8 hours.
Medium (sev‑3): response 4 hours, target restore 24 hours.
Low (sev‑4): response 8 business hours, target restore 48 business hours. (Matches your response matrix while contextualizing to AI workloads.)
4) Exclusions
Force majeure, your code/configurations, quota exhaustion due to misuse, third‑party services you control, your network/ISP, DDoS or abuse you trigger, and any use outside the AUP or rate limits.
5) Service Credits
Service credits apply to the affected service in the region for the month:
| Monthly Availability | Credit |
|---|---|
| < Target by up to 1.0% | 5% of the monthly fee for the affected service |
| Target – 2.0% | 10% |
| Target – 5.0% | 25% |
| More than 5.0% below target | 50% (cap: 100% of that month’s fees for the affected service) |
Request credits via support within 15 days of month‑end with incident details. Credits are applied to future invoices and are the exclusive remedy for SLA failures.
Appendix A — Acceptable Use Policy (AUP)
You must not use the Services to:
- Violate law or rights; process or generate content contrary to UAE public order/morality; or store/process illegal content.
- Infringe IP, privacy, or publicity rights; scrape or de‑identify datasets unlawfully; or re‑identify individuals.
- Generate malware, exploits, or facilitate harm (e.g., phishing, deepfakes to defraud, instructions for violent/illegal acts).
- Circumvent safety systems, rate limits, or access controls; probe or stress the platform except under an approved test plan.
- Train models on third‑party content without rights or required consents; upload special‑category personal data without a lawful basis.
Enforcement: We may warn, filter, throttle, suspend, or terminate; in urgent cases we may take immediate action to protect the platform and comply with law.
Appendix B — Shared Responsibility & Security Snapshot
Provider: secures the core infrastructure, control plane, and managed runtime; implements monitoring, logging, incident response, and data‑at‑rest/in‑transit encryption consistent with UAE IAS; manages platform patches.
Customer: secures account identities, API keys, datasets, prompts, outputs, and GPUaaS guest OS/applications; configures access control and retention; promptly reports incidents.