Terms & Conditions
Effective Date: April 7, 2026
Last Updated: April 7, 2026
1. Agreement to Terms
These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and FarmGPU, Inc. ("FarmGPU," "we," "us," or "our"), governing your access to and use of our website at farmgpu.com and our GPU infrastructure, managed services, and related offerings (collectively, the "Services").
By accessing our website or entering into a service agreement with FarmGPU, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use our Services.
2. Description of Services
FarmGPU provides AI infrastructure services, including but not limited to:
- Procurement, deployment, and management of GPU hardware (including NVIDIA L40S, H100 HGX, DGX B200, and AMD MI300X)
- On-demand and subscription-based GPU compute (Infrastructure as a Service / IaaS)
- Managed AI workload hosting and Platform as a Service (PaaS)
- AI workflow automation and integration services
- Colocation services at our data centers in Sacramento, CA and Wyoming, and future edge locations
- Connectivity, networking, and InfiniBand/Ethernet cluster configuration
- Partnerships with AI workload platforms, blockchain networks, and web3 payment rails
Specific service terms, pricing, and SLAs are detailed in individual service agreements, order forms, or statements of work ("Service Agreements") executed between FarmGPU and the Client. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall govern.
3. Eligibility
You must be at least 18 years of age and have the legal authority to enter into contracts on behalf of yourself or your organization. By using our Services, you represent and warrant that you meet these requirements.
4. Account and Access
Where applicable, you are responsible for maintaining the confidentiality of any credentials, API keys, or access tokens associated with your FarmGPU account. You agree to notify us immediately at info@farmgpu.com if you suspect unauthorized access. FarmGPU is not liable for losses resulting from unauthorized use of your credentials.
5. Fees and Payment
5.1 Pricing
Fees for Services are set forth in applicable Service Agreements or as quoted in writing by FarmGPU. We reserve the right to update pricing with reasonable advance notice.
5.2 Payment Terms
Unless otherwise specified in a Service Agreement, invoices are due within thirty (30) days of the invoice date. Overdue amounts may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
5.3 Taxes
You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities, excluding taxes based solely on FarmGPU's income.
5.4 Disputes
Any invoice disputes must be raised in writing within fifteen (15) days of receipt. Undisputed amounts remain due and payable.
6. Acceptable Use
You agree to use FarmGPU's Services only for lawful purposes. You may not use the Services to:
- Violate any applicable local, state, national, or international law or regulation
- Process, store, or transmit content that is illegal, harmful, threatening, defamatory, or infringes on the intellectual property rights of others
- Engage in cryptomining or other compute-intensive activities not disclosed and agreed upon in your Service Agreement
- Interfere with or disrupt the security, integrity, or performance of FarmGPU's infrastructure or third-party systems
- Attempt to gain unauthorized access to any systems, networks, or data
- Facilitate distributed denial-of-service (DDoS) attacks or other malicious activity
- Violate the terms of any third-party platform, hardware vendor, or partner integrated with our Services
FarmGPU reserves the right to suspend or terminate access immediately if you violate these Acceptable Use requirements.
7. Client Responsibilities
You are responsible for:
- Ensuring your AI workloads, applications, and data comply with all applicable laws, including data protection regulations
- Maintaining appropriate security practices for data you store or process on FarmGPU infrastructure
- Providing accurate information during onboarding and throughout the service relationship
- Timely payment of all invoices
- Complying with any hardware vendor licensing terms applicable to your use of NVIDIA, AMD, or other third-party hardware
8. Intellectual Property
8.1 FarmGPU Property
All content on farmgpu.com, including text, graphics, logos, and documentation, is owned by or licensed to FarmGPU and protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.
8.2 Client Data
You retain ownership of all data, workloads, and intellectual property you provide or generate through your use of the Services ("Client Data"). You grant FarmGPU a limited, non-exclusive license to use Client Data solely to provide the Services.
8.3 Feedback
If you provide feedback, suggestions, or ideas regarding our Services, you grant FarmGPU a royalty-free, perpetual license to use such feedback without restriction or compensation to you.
9. Confidentiality
Each party agrees to keep the other's confidential information (including pricing, technical configurations, and business terms) strictly confidential and not to disclose it to any third party without prior written consent, except as required by law. This obligation survives termination of the service relationship for a period of three (3) years.
10. Warranties and Disclaimers
FarmGPU warrants that it will perform the Services in a professional and workmanlike manner consistent with industry standards.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FARMGPU DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FARMGPU DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM SECURITY VULNERABILITIES.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FARMGPU'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU TO FARMGPU IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL FARMGPU BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification
You agree to indemnify, defend, and hold harmless FarmGPU, its officers, directors, employees, and partners from and against any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services in violation of these Terms; (b) your Client Data; or (c) your violation of any applicable law or third-party rights.
13. Term and Termination
13.1 Term
These Terms remain in effect for as long as you use FarmGPU's Services or website.
13.2 Termination for Convenience
Either party may terminate a Service Agreement in accordance with the notice provisions set forth in that agreement.
13.3 Termination for Cause
FarmGPU may suspend or terminate your access immediately upon written notice if you materially breach these Terms, fail to pay amounts due, or engage in activity that poses a security risk to FarmGPU or its other clients.
13.4 Effect of Termination
Upon termination, your right to access the Services ceases. Provisions relating to payment, confidentiality, intellectual property, limitation of liability, and governing law survive termination.
14. Force Majeure
FarmGPU shall not be liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, power outages, government actions, cyberattacks, or failures of third-party providers.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Sacramento County, California, and each party consents to personal jurisdiction in those courts.
16. Modifications to Terms
FarmGPU reserves the right to update these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a revised effective date. Continued use of the Services following such notice constitutes acceptance of the updated Terms.
17. Miscellaneous
- Entire Agreement: These Terms, together with any applicable Service Agreements, constitute the entire agreement between the parties regarding the subject matter herein.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.
- Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
- Assignment: You may not assign your rights or obligations under these Terms without FarmGPU's prior written consent. FarmGPU may assign its rights in connection with a merger, acquisition, or sale of assets.
- Notices: Legal notices to FarmGPU must be sent in writing to the address below.
18. Contact Us
If you have any questions about these Terms, please contact us:
FarmGPU, Inc.
3141 Data Dr, Rancho Cordova, CA 95670
Email: info@farmgpu.com
Phone: +1 916-538-0939