Elastic GPU Service Terms

1. Contract Status and Scope of Agreement

This Agreement is entered into between you ("an individual or organization registered on the platform and committed to complying with our various user agreements, privacy policies, and other service terms") and Beijing Silicon Flow Technology Co., Ltd. ("we", or "SiliconFlow", "Platform") on the basis of the "User Agreement" already signed by you, regarding your use of our Serverless GPU Service (hereinafter referred to as "This Service").

[Prudent Reading] Before agreeing to this Agreement, you should carefully read and fully understand the contents of all clauses, especially those concerning exemption or limitation of liability, applicable law, and dispute resolution. If you have any questions about this Agreement, you may contact us through the contact information disclosed in the "User Agreement".

[Contracting Action] When you click the "I have read and agree to the Serverless GPU Service Agreement, start using now" button (or accept this Agreement through other means provided by the platform), it means that you have fully read, understood, and accepted all contents of this Agreement, and commit to complying with the relevant provisions of this Agreement and assuming responsibility. This Agreement shall be established from the date of your acceptance. If you do not agree with this Agreement or any of its terms, please do not click the aforementioned button, perform the contracting action, or actually use This Service.

[Scope of Agreement] This Agreement includes the main text of the Agreement as well as all types of business rules that we have published or may publish in the future regarding This Service, including but not limited to system interface information, product documentation, notices and announcements, promotional activities, operation instructions or guides, and other agreements you have confirmed your agreement to. The business rules you have signed or confirmed constitute an integral part of this Agreement and have the same legal effect as the main text of this Agreement. Matters not covered in this Agreement (if any) shall be subject to other platform rules you have confirmed to comply with (including but not limited to the "User Agreement", "Privacy Policy", etc.) or other agreements between you and us.

2. Service and Usage Specifications

2.1 Service Description and Usage

This Service provides you with self-service deployment and invocation of GPU Cloud Functions and related auxiliary functions, including but not limited to Image Management, Object Storage, Template Management, etc. The specific service form, content, and functions shall be subject to the actual provision or interface display of the platform. Before using This Service, you should carefully read and comply with the corresponding function descriptions, technical specifications, usage procedures, operation documents, etc. displayed on the platform interface (specifically subject to platform display). You should operate in accordance with relevant operation guidelines. Any consequences arising from your violation of relevant operation guidelines shall be borne by you. You acknowledge, understand, and accept that we reserve the right to set usage qualifications, access thresholds, and scope of availability for This Service, and may conduct application screening and targeted access based on dimensions such as user qualifications, behavioral data, account security level, and participation status, and have the right to adjust rules at any time. The aforementioned circumstances do not constitute a breach of contract or infringement against you.

2.2 Service Restrictions

When using This Service, you must comply with relevant laws and regulations and the provisions of this Agreement, and shall not use This Service for any illegal purpose, or use it in any of the following ways:

2.2.1. Attack This Service, modify, adapt, or translate the software, technology, materials, etc. used by This Service, or disassemble, reverse engineer, decode, or decompile any part of This Service;

2.2.2. Copy, rent, sell, transfer, license, or intend to sublicense, resell, distribute, or modify This Service or any of our intellectual property rights;

2.2.3. Take any action that may impose an unreasonably huge load on our servers, infrastructure, etc.;

2.2.4. Use This Service in any way or for any purpose to generate, publish, transmit, disseminate, or store content that violates national laws and regulations, endangers national security, leaks state secrets, subverts state power, undermines national unity, disrupts social stability, undermines national unity, incites ethnic hatred or discrimination, promotes cults and feudal superstitions, spreads rumors, or contains obscenity, pornography, gambling, violence, murder, terror, or content that incites crime, insults or defames others, or infringes upon the legitimate rights and interests of others;

2.2.5. Circumvent any measures we may use to prevent or restrict access to the service;

2.2.6. Attempt to interfere with or compromise the security of servers or network systems running the service, or decrypt any transmissions;

2.2.7. Use This Service to send spam, chain letters, or other unsolicited electronic messages;

2.2.8. Transmit viruses, trojans, worms, or other malicious software through This Service;

2.2.9. Impersonate another person or entity, or otherwise use This Service for any intrusive or fraudulent purpose;

2.2.10. Collect or obtain any personal information of other users, including but not limited to names, from This Service;

2.2.11. Any other behavior not explicitly authorized by us or usage methods that may harm our interests.

If we discover that you have violated the above provisions, we have the right to take corresponding measures depending on the circumstances, including but not limited to immediately terminating the service, suspending the service, deleting corresponding information, or reporting to the competent authorities.

2.3 Service Changes and Termination

2.3.1. To improve user experience and refine service content, we have the right to upgrade, maintain, and optimize products, services, platforms, systems, and software on a regular or irregular basis. The aforementioned circumstances may lead to short-term interruption or suspension of This Service, and we will notify you within a reasonable time.

2.3.2. We reserve the right to modify or terminate This Service (or any part thereof) at any time, and will provide prior notice at least 30 days in advance through one or more methods such as website announcements, SMS, or email.

2.3.3. The service term will terminate early if any of the following circumstances occur: (1) Both parties agree to terminate early through mutual consultation; (2) If you seriously violate this Agreement (including serious violations of relevant laws and regulations, or serious violations of any commitment under this Agreement), we have the right to terminate the service early, cancel your account, and delete all your data; (3) The service becomes unavailable due to force majeure, hacker attacks, computer virus intrusion or outbreak, or other circumstances beyond our control.

3. Service Fees and Settlement

3.1 Fee Structure

Deploying GPU Cloud Functions using This Service may incur fees including but not limited to compute card-hour fees, inference acceleration service fees, image and object storage fees, network bandwidth fees, etc. You understand that the specific fee structure is related to our business model, and we have the right to adjust it based on our own circumstances and market changes.

3.2 Pricing Description

The above fees will be listed in the system interface when creating or modifying cloud function deployments, or in other irregularly updated system functions; the prices of the above fees may change due to supplier price adjustments, market factors, etc., and the actual price shall be subject to the price at the time the fee is incurred.

3.3 Settlement Method

The above fees are typically in a "pay-as-you-go" model, meaning that corresponding fees are generated as you use the corresponding functions and are directly deducted from your account balance.

3.4 Benefit Deduction

If there are available discount coupons, vouchers (collectively referred to as "Coupons"), etc. in your account, the system will deduct them at the time of real-time fee settlement. Fees exceeding the scope of benefits will be deducted from the account balance. Please confirm the applicable scope and deductible amount of the aforementioned Coupons before confirming use. Once used, Coupons cannot be refunded under any circumstances. You understand that the issuance, retention, and use of the aforementioned Coupons are premised on your compliance with specific activity rules, service agreements, etc. If Coupons are recovered or invalidated due to your violation of the aforementioned activity rules or relevant service agreements and commitments, we have the right to require you to make up for the amount of service fees deducted by the Coupons.

3.5 Arrears Handling

When the account balance is insufficient to pay the payable fees, arrears will occur. In case of arrears, we have the right to stop corresponding deployments or reclaim and delete corresponding resources and data storage, etc. The use of other platform functions may also be blocked or affected to varying degrees. We have the right to terminate the provision of services or technical support to you when arrears occur, and you must bear the corresponding consequences caused by arrears.

4. Interactive Data and Intellectual Property

4.1 Interactive Data

4.1.1. This Service may allow you to input, upload, download, and distribute relevant data, information, or content during the use of the service (which may be in the form of model weights, images, program code, files, or any other form, hereinafter collectively referred to as "Interactive Data"). We hereby specifically remind you that you are responsible for your Interactive Data and must ensure that its source, purpose, and use are legal, do not violate the provisions of Clause 2.2.4, and do not infringe upon the rights and interests of any third party. If a third party files a claim, lawsuit, or dispute against us based on copyright infringement, infringement of third-party legitimate rights and interests, or violation of Chinese laws and regulations or other applicable laws, you shall compensate us for the costs or losses we incur as a result, including but not limited to compensation, liquidated damages, fines, attorney fees, appraisal fees, notarization fees, travel expenses, and other reasonable expenses. We have the right to deduct the aforementioned costs or losses from your account balance and reserve the right to continue to seek recovery from you.

4.1.2. If Interactive Data contains any violation of laws and regulations, infringement of our or third-party legitimate rights and interests, or other violations of this Agreement, we have the right to delete your Interactive Data, terminate technical services, and reserve the right to pursue your legal liability.

4.1.3. You understand and agree that we only act as a technical supporter of data processing and will not use or disclose your Interactive Data without authorization. At the same time, we remind you that to better protect your data security, you should make your own backup copies.

4.2 Generative Content and Deep Synthesis Algorithms

Using This Service to deploy generative artificial intelligence services or deep synthesis algorithm services must comply with the provisions of laws and regulations such as the "Interim Measures for the Administration of Generative Artificial Intelligence Services" and the "Provisions on the Administration of Deep Synthesis Internet Information Services", and independently fulfill obligations such as content review and labeling.

4.3 Complaints and Reports

You have the right to report or complain to us via email about content discovered on the platform that violates laws and regulations or infringes upon your intellectual property rights, but you should clearly state the reasons and provide preliminary evidence; after receiving your valid report or complaint, we will handle it in accordance with legal provisions. You commit not to maliciously slander, insult, or defame others, make false complaints, or abuse rights in any form. Otherwise, if losses are caused to us or third parties, we have the right to pursue your corresponding legal liability. To better identify your issue, please clearly state in the email subject whether the issue type is [Infringement Complaint] or [Illegal Content Report].

Report Email: contact@siliconflow.cn

5. Liability Limitations and Disclaimer

5.1 Liability Cap

You understand and agree that we will assume corresponding liability in accordance with applicable law. However, in any case, our total liability for compensation shall not exceed the total fees you have paid to us for using This Service in the preceding twelve (12) months.

5.2 Exemptions

To the extent permitted by law, we shall not be liable for the following circumstances:

5.2.1. Any loss or consequences resulting from your failure to comply with this Agreement or relevant operation guidelines;

5.2.2. Service interruption or data loss due to force majeure, hacker attacks, computer virus intrusion or outbreak, power supply failures, communication network failures, or other public service factors, third-party service failures, or other reasons beyond our control;

5.2.3. We assume no liability for any content, information, advertisements, or services published by any third party through This Service;

5.2.4. We shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from your use of This Service, even if we have been advised of the possibility of such damages.

6. Miscellaneous

6.1 Agreement Updates

We have the right to modify this Agreement from time to time based on changes in laws and regulations or business development needs. We will publish the updated Agreement through this platform. The updated Agreement shall take effect from the date of publication. If you continue to use This Service, it shall be deemed that you agree to accept the updated Agreement.

6.2 Governing Law and Dispute Resolution

The conclusion, execution, interpretation, and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China. Any dispute arising from or in connection with this Agreement shall be resolved through friendly consultation between both parties; if consultation fails, either party has the right to submit the dispute to the people's court with jurisdiction in Haidian District, Beijing for resolution through litigation.

6.3 Severability

If any provision of this Agreement is determined to be invalid or unenforceable by a court or competent authority with jurisdiction, the remaining provisions shall remain in full force and effect.

6.4 Contact Us

If you have any questions about this Agreement, or encounter any problems during use, you may contact us through the contact information provided by this platform.