-
Hosted by us. Bring your own cloud, or tap into marketplace.
+
Hosted by us. Bring your own clouds, or tap into GPU marketplace.
diff --git a/mkdocs/terms.md b/mkdocs/terms.md
index 630079cd81..27188750e3 100644
--- a/mkdocs/terms.md
+++ b/mkdocs/terms.md
@@ -4,458 +4,191 @@ hide:
- footer
---
-# Terms of service
+# Terms of Service
-## Agreement to terms
+**Last updated:** May 14, 2026
-We are dstack GmbH ("**Company**," "**we**," "**us**," "**our**"), a company registered in Germany at Franz-Joseph-Straße, 11, Munich,
-Bayern 80801.
+## 1. About these Terms
-These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an
-entity ("**you**"), and dstack GmbH, concerning your access to and use of the Services. You agree that by accessing the
-Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF
-THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
+These Terms of Service ("**Terms**") form a binding agreement between you, whether on your own behalf or on behalf of an entity ("**you**" or "**Customer**"), and **dstack Inc.**, a Delaware corporation with offices at 8 The Green, #23725, Dover, DE 19901, United States ("**dstack**," "**we**," "**us**"). dstack Inc. is the contracting party under these Terms.
-Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly
-incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to
-these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these
-Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to
-periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have
-been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services
-after the date such revised Legal Terms are posted.
+By accessing or using the Service (defined below), you accept these Terms. If you do not accept them, do not use the Service.
-## 1. Our services
+## 2. What these Terms cover
-The information provided when using the Services is not intended for distribution to or use by any person or entity in
-any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject
-us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access
-the Services from other locations do so on their own initiative and are solely responsible for compliance with local
-laws, if and to the extent local laws are applicable.
+These Terms govern your access to and use of:
-The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and
-Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be
-subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the
-Gramm-Leach-Bliley Act (GLBA).
+- the dstack website at dstack.ai; and
+- the hosted service offered as **dstack Sky**, including its Bring Your Own Cloud (BYOC) and GPU Marketplace modes
-## 2. Intelliectual property rights
+(together, the "**Service**").
-**Our intellectual property**
+These Terms **do not** cover:
-We are the owner or the licensee of all intellectual property rights in our Services, including all source code,
-databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (
-collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
+- **dstack OSS** — the open-source dstack project is licensed under the Mozilla Public License 2.0. Your use of dstack OSS is governed solely by that license, which is included in the [project repository](https://github.com/dstackai/dstack).
+- **dstack Enterprise** — commercial deployments of dstack Enterprise are governed by a separate written enterprise agreement between you and dstack. These Terms do not apply to dstack Enterprise.
-Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and
-unfair competition laws) and treaties in the United States and around the world.
+## 3. The Service
-The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal
-business purpose only.
+dstack Sky is an orchestration service for GPU compute workloads. It is offered in two modes.
-**Your use of our Services**
+**BYOC (Bring Your Own Cloud).** You configure dstack Sky to provision and manage compute and storage on cloud accounts you own or control (for example AWS, GCP, Azure, or other supported providers). In BYOC mode, **dstack does not bill you for compute, storage, or other cloud resources** — those are billed by the upstream cloud provider directly to your cloud account, under your agreement with that provider. You are solely responsible for all charges, resources, and data on your cloud accounts, and your relationship with each underlying cloud provider is governed exclusively by your agreement with that provider.
-Subject to your compliance with these Legal Terms, including the "Prohibited activities" section below, we grant you a
-non-exclusive, non-transferable, revocable license to:
+**GPU Marketplace.** In the GPU Marketplace, dstack relies on third-party cloud providers integrated into the marketplace to supply compute and storage capacity, which dstack makes available to you through dstack Sky. Pricing is set dynamically per provider and is shown in the console at the time of provisioning. Charges are deducted from your prepaid credit balance (see Section 5).
- * access the Services; and
- * download or print a copy of any portion of the Content to which you have properly gained access.
-solely for your personal, non-commercial use or internal business purpose.
+## 4. Your account
-Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may
-be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,
-distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior
-written permission.
+To use dstack Sky, you must register an account. You agree to:
-If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our
-Legal Terms, please address your request to: hello@dstack.ai. If we ever grant you the permission to post, reproduce, or
-publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services,
-Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or
-displaying our Content.
+- provide accurate registration information and keep it current;
+- keep your credentials confidential and be responsible for all activity under your account; and
+- meet the age of majority in your jurisdiction and, if registering on behalf of an entity, have authority to bind that entity to these Terms.
-We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
+We may suspend or terminate accounts that contain materially inaccurate information or that breach these Terms.
-Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to
-use our Services will terminate immediately.
+## 5. Pricing, credits, and payment (GPU Marketplace)
-**Your submissions**
+**Credits.** You pay for GPU Marketplace usage by adding funds to a prepaid balance on your dstack Sky account. We refer to this balance as "**credits**." Credits are deducted as you consume compute and storage resources at the then-current prices.
-Please review this section and the "Prohibited activities" section carefully prior to using our Services to understand
-the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
+**How marketplace pricing works.** In the GPU Marketplace, dstack relies on third-party cloud providers integrated into the marketplace to supply compute and storage capacity, which dstack makes available to you through dstack Sky. **dstack — not the upstream cloud provider — bills you for marketplace usage**, by deducting amounts from your credit balance. The price for each compute or storage resource is set per provider and reflects dstack's then-current commercial arrangements with that upstream provider, or, where dstack has no such arrangement with that provider, dstack's then-current pricing for that resource. Pricing for each resource is shown in the console before you provision it.
-**Submissions**: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the
-Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that
-we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose,
-commercial or otherwise, without acknowledgment or compensation to you.
+**Price changes.** dstack reserves the right to change marketplace prices at any time, without prior notice, including in response to: changes in an upstream provider's pricing or terms; changes in, or termination of, dstack's commercial arrangements with an upstream provider; the absence of an agreement between dstack and an upstream provider; changes in availability, supply, or demand for any resource; or any other reason at dstack's discretion. The applicable price is the price in effect at the time the resource is consumed.
-**You are responsible for what you post or upload**: By sending us Submissions through any part of the Services you:
-* confirm that you have read and agree with our "Prohibited activities" and will not post, send, publish, upload, or
-* transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene,
-* bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful,
- or misleading;
-* to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
-* warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such
- Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
-* warrant and represent that your Submissions do not constitute confidential information.
+**Payment.** We accept payment by major credit and debit cards through our third-party payment processor (currently Stripe). We may change accepted payment methods and payment processors at any time. By providing payment information, you authorize us and our payment processor to charge your selected method for credits you purchase. All amounts are in US dollars unless otherwise stated.
-You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we
-may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c)
-applicable law.
-
-## 3. User representations
-
-By using the Services, you represent and warrant that: (1) all registration information you submit will be true,
-accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such
-registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (
-4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated
-or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or
-unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
-
-If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or
-terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
-
-## 4. User registration
-
-You may be required to register to use the Services. You agree to keep your password confidential and will be
-responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you
-select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise
-objectionable.
-
-## 5. Purchases and payment
-
-We accept the following forms of payment:
-
-* Visa
-* Mastercard
-
-You agree to provide current, complete, and accurate purchase and account information for all purchases made via the
-Services. You further agree to promptly update account and payment information, including email address, payment method,
-and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be
-added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US
-dollars.
-
-You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you
-authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right
-to correct any errors or mistakes in pricing, even if we have already requested or received payment.
-
-We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel
-quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under
-the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We
-reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or
-distributors.
-
-## 6. Subscriptions
-
-**Billing and Renewal**
-
-e.g. by topping up their balance manually using their credit card.
-
-**Cancellation**
-
-You can cancel your subscription at any time by contacting us using the contact information provided below. Your
-cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our
-Services, please email us at hello@dstack.ai .
-
-**Fee Changes**
-
-We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in
-accordance with applicable law.
-
-## 7. Software
-
-We may include software for use in connection with our Services. If such software is accompanied by an end user license
-agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a
-EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software
-solely in connection with our services and in accordance with these Legal Terms. Any software and any related
-documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without
-limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept
-any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software
-except in accordance with the EULA or these Legal Terms.
-
-## 8. Prohibited activities
-
-You may not access or use the Services for any purpose other than that for which we make the Services available. The
-Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or
-approved by us.
-
-As a user of the Services, you agree not to:
-
-* Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a
- collection, compilation, database, or directory without written permission from us.
-* Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such
- as user passwords.
-* Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that
- prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the
- Content contained therein.
-* Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
-* Use any information obtained from the Services in order to harass, abuse, or harm another person.
-* Make improper use of our support services or submit false reports of abuse or misconduct.
-* Use the Services in a manner inconsistent with any applicable laws or regulations.
-* Engage in unauthorized framing of or linking to the Services.
-* Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including
- excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any
- party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the
- use, features, functions, operation, or maintenance of the Services.
-* Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data
- mining, robots, or similar data gathering and extraction tools.
-* Delete the copyright or other proprietary rights notice from any Content.
-* Attempt to impersonate another user or person or use the username of another user.
-* Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information
- collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1
- pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection
- mechanisms" or "pcms").
-* Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the
- Services.
-* Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services
- to you.
-* Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion
- of the Services.
-* Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
-* Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software
- comprising or in any way making up a part of the Services.
-* Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute
- any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that
- accesses the Services, or use or launch any unauthorized script or other software.
-* Use a buying agent or purchasing agent to make purchases on the Services.
-* Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by
- electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means
- or under false pretenses.
-* Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any
- revenue-generating endeavor or commercial enterprise.
-
-## 9. User generated contributions
-
-The Services does not offer users to submit or post content.
-
-## 10. Contribution license
-
-You and Services agree that we may access, store, process, and use any information and personal data that you provide
-following the terms of the Privacy Policy and your choices (including settings).
-
-By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback
-for any purpose without compensation to you.
-
-## 11. Social media
-
-As part of the functionality of the Services, you may link your account with online accounts you have with third-party
-service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login
-information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the
-applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are
-entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party
-Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party
-Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the
-third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you
-understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and
-stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services
-via your account, including without limitation any friend lists and (2) we may submit to and receive from your
-Third-Party Account additional information to the extent you are notified when you link your account with the
-Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have
-set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be
-available on and through your account on the Services. Please note that if a Third-Party Account or associated service
-becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then
-Social Network Content may no longer be available on and through the Services. You will have the ability to disable the
-connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
-RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
-AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any
-purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any
-Social Network Content. You acknowledge and agree that we may access your email address book associated with a
-Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of
-identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the
-connection between the Services and your Third-Party Account by contacting us using the contact information below or
-through your account settings (if applicable). We will attempt to delete any information stored on our servers that was
-obtained through such Third-Party Account, except the username and profile picture that become associated with your
-account.
-
-## 12. Third-party websites and content
-
-The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as
-articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and
-other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites
-and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by
-us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content
-posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions,
-reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party
-Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party
-Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the
-Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware
-these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data
-gathering practices, of any website to which you navigate from the Services or relating to any applications you use or
-install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from
-other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between
-you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on
-Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services.
-Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or
-resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
-
-## 13. Services management
-
-We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
-appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including
-without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
-limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible)
-any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
-liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in
-any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and
-property and to facilitate the proper functioning of the Services.
-
-## 14. Privacy policy
-
-We care about data privacy and security. Please review our [Privacy Policy](https://dstack.ai/privacy/). By using the
-Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised
-the Services are hosted in Germany and United States. If you access the Services from any other region of the world with
-laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in
-Germany and United States, then through your continued use of the Services, you are transferring your data to Germany
-and United States, and you expressly consent to have your data transferred to and processed in Germany and United
-States.
-
-## 15. Term and termination
-
-These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
-
-If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
-
-## 16. Modifications and interruptions
-
-We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole
-discretion without notice. However, we have no obligation to update any information on our Services. We will not be
-liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
-
-We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems
-or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the
-right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
-without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by
-your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these
-Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates,
-or releases in connection therewith.
-
-## 17. Governing law
-
-These Legal Terms are governed by and interpreted following the laws of Germany, and the use of the United Nations
-Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the
-EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law
-in your country to residence. dstack GmbH and yourself both agree to submit to the non-exclusive jurisdiction of the
-courts of Bayern, which means that you may make a claim to defend your consumer protection rights in regards to these
-Legal Terms in Germany, or in the EU country in which you reside.
-
-## 18. Dispute resolution
-
-**Informal Negotiations**
-
-To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "
-Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "
-Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below)
-informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written
-notice from one Party to the other Party.
-
-**Binding Arbitration**
-
-Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one
-arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration
-being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the
-application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of
-arbitration shall be Munich , Germany . The language of the proceedings shall be German . Applicable rules of
-substantive law shall be the law of Germany .
-
-**Restrictions**
-
-The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
-extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
-authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there
-is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general
-public or any other persons.
-
-**Exceptions to Informal Negotiations and Arbitration**
-
-The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations
-binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the
-intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
-invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be
-illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this
-provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction
-within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
-court.
-
-## 19. Corrections
-
-There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including
-descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
-inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
-
-## 20. Disclaimer
-
-THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR
-SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
-THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
-A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
-OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME
-NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
-INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
-UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
-STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
-HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
-OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
-CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
-ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
-HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT
-BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
-PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
-USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
-
-## 21. Limitations of liability
-
-IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
-CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
-OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
-OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING
-THE zero (0) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $0.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL
-LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
-APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
-RIGHTS.
-
-## 22. Indemnification
-
-You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
-
-## 23. User data
-
-We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the
-Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you
-are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the
-Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby
-waive any right of action against us arising from any such loss or corruption of such data.
-
-## 24. Electronic communications, transactions, and signatures
-
-Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent
-to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications
-we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication
-be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
-ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
-You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any
-jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or
-the granting of credits by any means other than electronic means.
-
-## 25. California users and residents
-
-If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division
-of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
-112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
-
-## 26. Miscellaneous
-
-These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services
-constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or
-provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to
-the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We
-shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
-reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or
-unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect
-the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or
-agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that
-these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all
-defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to
-execute these Legal Terms.
-
-## 27. Contact us
-
-In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services,
-please contact us at **hello@dstack.ai**.
+**Taxes.** Prices are exclusive of taxes. You are responsible for any sales, use, value-added, or similar taxes, other than taxes on dstack's net income, and we may add such taxes to invoices where required by law.
+
+**No refunds.** Credits and any other amounts you pay to dstack are **non-refundable**, are not redeemable for cash, and have no monetary value outside the Service. We do not refund credits for any reason, including unused balances at account closure, marketplace price changes, service interruptions, or any act, omission, outage, or other issue caused by or attributable to an upstream cloud provider. Unused credits are forfeited upon account closure or termination (see Section 8).
+
+**BYOC.** dstack does not currently charge for use of dstack Sky in BYOC mode.
+
+## 6. Customer content and intellectual property
+
+**Your content remains yours.** You retain all rights, title, and interest in the code, configurations, model artifacts, datasets, logs, outputs, and other content that you upload to, generate through, or process using the Service ("**Customer Content**"). You grant dstack a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Content solely to provide and operate the Service and to comply with applicable law.
+
+**Your responsibility for Customer Content.** You are solely responsible for Customer Content, including its lawfulness, accuracy, and the rights you have in it. You represent and warrant that Customer Content does not infringe any third party's rights and that you have all necessary rights, consents, and authorizations to use it through the Service.
+
+**Feedback.** If you provide us with suggestions, ideas, bug reports, or other feedback about the Service ("**Feedback**"), you grant dstack a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate the Feedback into our products and services without compensation. Feedback **does not include** Customer Content, code you author, configurations you create, datasets you upload, or model artifacts; dstack does not claim any right to any of these.
+
+**Our IP.** Except for dstack OSS (which is governed by its open-source license), the dstack Sky platform, the dstack website, the dstack name and logos, and all related software and documentation are owned by dstack or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms; no other rights are granted, whether by implication, estoppel, or otherwise.
+
+## 7. Acceptable use
+
+You may not, and may not permit or enable others to:
+
+- use the Service in violation of any applicable law or regulation;
+- infringe the intellectual property, privacy, publicity, or other rights of any third party;
+- mine, generate, or otherwise produce cryptocurrency or perform any cryptocurrency-related proof-of-work workloads — **cryptocurrency mining is expressly prohibited**;
+- generate, store, transmit, or facilitate child sexual abuse material (CSAM) or any content that sexualizes minors, content that promotes terrorism or violent extremism, or content depicting non-consenting individuals;
+- interfere with or disrupt the Service or attempt to gain unauthorized access to the Service, to other customers' workloads, or to any underlying systems or cloud-provider resources;
+- probe, scan, or test the vulnerability of the Service except as expressly authorized by us in writing;
+- circumvent rate limits, security controls, quotas, or other technical limitations of the Service;
+- abuse, exhaust, or unreasonably burden the resources of dstack or any upstream cloud provider, including by triggering provider throttling or bans that affect other customers;
+- impersonate any person or entity or misrepresent your affiliation;
+- resell or commercially exploit the Service except as expressly permitted by us in writing; or
+- scrape, crawl, or systematically extract content from the Service other than through documented APIs and within their published limits.
+
+**Enforcement.** If we reasonably believe you are violating this Section, we may, in our discretion and with or without notice, suspend or terminate your access to the Service, remove or quarantine Customer Content, throttle workloads, or take other reasonable steps. For clearly unlawful activity, we will act immediately.
+
+## 8. Suspension and termination
+
+**By you.** You may stop using the Service and close your account at any time through the console or by contacting hello@dstack.ai.
+
+**By us.** We may suspend or terminate your account, with or without notice, if: (a) you breach, or we reasonably suspect you have breached, these Terms; (b) we reasonably believe your use poses a security, legal, or operational risk to dstack, to other customers, or to any upstream provider; (c) your credit balance is insufficient to cover usage; (d) required by law; or (e) we discontinue the Service or any material part of it.
+
+We may suspend your access to the Service while we investigate any suspected breach of these Terms, and we are not obligated to share the results of any such investigation.
+
+**Effect of termination.** On termination of your account:
+
+- your right to use the Service ends immediately;
+- any active workloads may be stopped;
+- Customer Content stored within dstack Sky may be deleted in accordance with our standard retention practices, typically within 30 days of account closure (longer where required by law or legal hold);
+- unused credits are forfeited, unless otherwise required by applicable law; and
+- accrued payment obligations, together with Sections 5 (taxes and no refunds), 6 (Customer content and intellectual property), 8 (this section), 9 (disclaimers), 10 (limitation of liability), 11 (indemnification), 12 (export control), 13 (privacy), 15 (governing law and dispute resolution), and 16 (miscellaneous), survive any termination or expiration of these Terms.
+
+We will use commercially reasonable efforts to allow you to export Customer Content before deletion, except where termination is due to your material breach or to unlawful activity.
+
+## 9. Disclaimers
+
+THE SERVICE IS PROVIDED **"AS IS" AND "AS AVAILABLE."** TO THE MAXIMUM EXTENT PERMITTED BY LAW, DSTACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
+
+WITHOUT LIMITING THE ABOVE, DSTACK DOES NOT WARRANT THAT:
+
+- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
+- ANY DATA STORED OR PROCESSED THROUGH THE SERVICE WILL BE PRESERVED, AVAILABLE, OR RECOVERABLE;
+- ANY PARTICULAR COMPUTE CAPACITY, GPU TYPE, REGION, OR PRICE WILL BE AVAILABLE FROM ANY UPSTREAM CLOUD PROVIDER; OR
+- WORKLOADS WILL PRODUCE ANY PARTICULAR RESULT, INCLUDING WITH RESPECT TO MACHINE-LEARNING TRAINING OR INFERENCE OUTPUTS.
+
+DSTACK DOES NOT OFFER A SERVICE-LEVEL AGREEMENT OR UPTIME COMMITMENT UNDER THESE TERMS. ANY SLA OR SERVICE COMMITMENT MUST BE SEPARATELY AGREED IN WRITING (FOR EXAMPLE, UNDER A DSTACK ENTERPRISE AGREEMENT).
+
+**Not tailored to industry-specific regulations.** The Service is not designed or tailored to comply with industry-specific laws or regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or the Gramm-Leach-Bliley Act (GLBA). You must not use the Service to process data subject to these or similar regulations unless we have separately agreed in writing to support your specific compliance requirements.
+
+## 10. Limitation of liability
+
+**No liability for data, content, or upstream providers.** TO THE MAXIMUM EXTENT PERMITTED BY LAW, DSTACK WILL NOT BE LIABLE FOR (A) ANY LOSS, CORRUPTION, INACCESSIBILITY, OR DELETION OF DATA OR CUSTOMER CONTENT, OR (B) ANY ACT, OMISSION, FAILURE, INTERRUPTION, OUTAGE, SECURITY INCIDENT, BREACH, OR DATA LOSS CAUSED BY OR ATTRIBUTABLE TO ANY UPSTREAM CLOUD PROVIDER USED THROUGH THE SERVICE (IN BYOC OR GPU MARKETPLACE MODE).
+
+**Excluded damages.** TO THE MAXIMUM EXTENT PERMITTED BY LAW, DSTACK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, USE, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DSTACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
+
+**Allocation of risk.** YOU ACKNOWLEDGE THAT THE PRICING AND ALLOCATION OF RISK IN THESE TERMS REFLECT AN AGREED COMMERCIAL UNDERSTANDING, AND THAT WITHOUT THIS ALLOCATION DSTACK WOULD NOT PROVIDE THE SERVICE ON THESE TERMS.
+
+**Carve-outs.** Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law (for example, liability for fraud, fraudulent misrepresentation, or, in certain jurisdictions, gross negligence or willful misconduct).
+
+## 11. Indemnification
+
+You will defend, indemnify, and hold harmless dstack and its affiliates, and their respective officers, directors, employees, and agents, from and against any third-party claim, demand, action, or proceeding, and any related losses, damages, liabilities, judgments, settlements, fines, costs, and reasonable attorneys' fees, arising out of or relating to:
+
+- your Customer Content;
+- your use of the Service;
+- your breach of these Terms (including the Acceptable Use section); or
+- your violation of any law or any rights of any third party.
+
+We may assume exclusive defense and control of any matter for which you are required to indemnify us, in which case you will cooperate at your expense.
+
+## 12. Export control and compliance
+
+You represent and warrant that your use of the Service complies with all applicable export-control, sanctions, and trade laws and regulations, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce's Bureau of Industry and Security (BIS), and any equivalent authorities in your jurisdiction. You may not use the Service if you are located in, ordinarily resident in, or organized under the laws of a country or region subject to comprehensive U.S. sanctions, and you may not provide access to the Service to any person on a U.S. or applicable foreign government's restricted-party list.
+
+## 13. Privacy
+
+Personal data we collect through the Service is handled in accordance with our [Privacy Policy](https://dstack.ai/privacy/), which is incorporated into these Terms by reference. By using the Service, you consent to the collection, processing, and transfer of your personal data as described in the Privacy Policy.
+
+## 14. Modifications
+
+We may change these Terms from time to time. The "Last updated" date at the top of these Terms indicates when they were most recently changed. We reserve the right to update these Terms and, for material changes, will use commercially reasonable efforts to inform you in advance — for example, by email to the address on your account or by an in-product notice. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. If you do not agree to a change, you must stop using the Service.
+
+Changes to dstack Sky pricing are governed by Section 5 (Pricing, credits, and payment) and are not subject to the advance-notice provision of this Section.
+
+## 15. Governing law and dispute resolution
+
+**Governing law.** These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
+
+**Informal resolution.** Before bringing a formal dispute, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "**Dispute**") through good-faith informal negotiation for at least thirty (30) days following written notice from one party to the other.
+
+**Binding arbitration.** Any Dispute not resolved through informal negotiation will be resolved by **final and binding individual arbitration** administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes. The seat of arbitration is Wilmington, Delaware. The arbitration will be conducted in English. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
+
+**Class-action waiver.** Any arbitration or proceeding under these Terms will be conducted on an **individual basis only**. The parties waive any right to bring or participate in any class, consolidated, or representative action. If this waiver is held unenforceable as to any Dispute, that Dispute will be heard in court rather than in arbitration.
+
+**Carve-outs.** The following are not subject to arbitration and may be brought in the state or federal courts located in Delaware: (a) claims to enforce or protect intellectual property rights; (b) claims for injunctive or equitable relief; and (c) claims that may be brought in small-claims court if they qualify.
+
+## 16. Miscellaneous
+
+**Entire agreement.** These Terms (together with any documents referenced in them) constitute the entire agreement between you and dstack regarding the Service and supersede any prior agreements on the same subject.
+
+**Assignment.** You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, sale of assets, or by operation of law.
+
+**Severability.** If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.
+
+**No waiver.** Our failure to enforce any provision is not a waiver of that or any other provision.
+
+**No agency.** Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and dstack.
+
+**Force majeure.** Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control.
+
+**Electronic communications.** You consent to receive communications from us electronically. Agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that they be in writing.
+
+**Contact.** You can contact us about these Terms at **hello@dstack.ai** or at:
+
+> dstack Inc.\
+> 8 The Green, #23725\
+> Dover, DE 19901\
+> United States