Terms of Service

Last updated: May 12, 2026

Agreement to These Terms

We are Ozekai LLC ("Company," "we," "us," "our"), a limited liability company registered in the State of New York, United States, with a principal address at 1755 Broadway FRONT 3 #1142, New York, NY 10019.

We operate the Ozekai GPU compute platform, including the website, API, dashboard, access tooling, and all related services (collectively, the "Services").

You can contact us by email at [email protected] or by mail to the address above.

These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Ozekai LLC, concerning your access to and use of the Services. By creating an account or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must discontinue use of the Services immediately.

We reserve the right to update these Terms at any time. Changes take effect when posted with an updated "Last updated" date. Your continued use of the Services after any revision constitutes acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

1. Our Services

Ozekai is a managed GPU compute platform that provides on-demand GPU compute environments billed by the second. Each user receives an isolated containerized environment with GPU access and temporary workspace storage for the active session. The Services include our proprietary software platform, scheduling system, billing system, access tooling, and web dashboard. The Services are hosted in the United States and Canada. Account data, billing infrastructure, and platform services are hosted on servers located in the United States. GPU compute workloads and workspace data are processed on servers located in Canada.

Nature of the Service — Shared On-Demand Platform

By using the Services, you acknowledge and agree to all of the following:

• Ozekai is a managed compute platform, not a dedicated hardware provider. You are subscribing to access a software platform that provisions and manages GPU compute resources on your behalf. You are not purchasing, renting, leasing, or receiving exclusive access to any specific physical GPU, server, or hardware.
• Resources are shared. The underlying GPU hardware is shared among multiple users of the platform. Multiple users may be allocated to the same physical GPU or server simultaneously. Resource scheduling, allocation, and eviction are managed automatically by our proprietary scheduling system.
• No guaranteed dedicated resources. GPU compute time, VRAM, and other resources are allocated on a best-effort, on-demand basis. Actual performance may vary depending on current platform demand and resource availability. We do not guarantee any specific level of GPU performance, VRAM availability, compute throughput, or uptime.
• You do not have access to the underlying host. You interact exclusively with the Ozekai software layer (dashboard, access tooling, containerized environment). You have no access to, and no rights over, the underlying host operating system, hypervisor, bare-metal hardware, or any other user's environment.
• Dynamic scheduling and eviction. Our scheduling system may pause, migrate, or evict idle workloads to optimize resource utilization across the platform. Idle sessions may be automatically terminated after a period of inactivity. You will not be billed for compute time during which your session is not active.
• Plan pricing reflects platform access, not hardware ownership. The price you pay corresponds to metered access to our managed compute platform, including the software, scheduling, containerization, billing, and support infrastructure — not to the cost or value of any specific hardware.

The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.). If your use would be subject to such laws, you may not use the Services.

2. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the Services, including all source code, software, website designs, text, graphics, and logos (collectively, the "Content"), as well as trademarks, service marks, and logos (the "Marks"). The Content and Marks are protected by copyright and trademark laws.

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. No part of the Services may be copied, reproduced, sold, licensed, or exploited for any commercial purpose without our express written permission.

Any breach of these intellectual property rights constitutes a material breach of these Terms and your right to use the Services will terminate immediately.

Your Submissions and Feedback

By 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 such Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for your Submissions and you expressly agree to reimburse us for any losses we suffer because of your Submissions.

3. User Registration and Representations

• You must provide a valid email address and accurate information when creating an account.
• You will maintain the accuracy of your registration information and promptly update it as necessary.
• You are responsible for maintaining the security of your account credentials.
• You must be at least 18 years old or the legal age of majority in your jurisdiction.
• One person or entity may not maintain more than one account.
• You are responsible for all activity that occurs under your account.
• You will not access the Services through automated or non-human means (bots, scripts, or similar) unless authorized.

If you provide any information that is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.

We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that it is inappropriate or objectionable.

4. Purchases and Payment

• Prepaid credit model. The Services operate on a prepaid credit basis. You purchase credits in advance; those credits are drawn down as you consume compute time. There is no automatic subscription charge. All payments are in US dollars. Credits have no cash value, are non-transferable, and may not be redeemed for cash.
• You are charged based on actual compute usage:
  • Compute usage: Measured in seconds. Billing begins when a GPU session is activated from the dashboard and ends when the session is disconnected or terminated. There is no storage billing — disconnecting or terminating a VM ends all billing for that VM.
• Typing exit in the terminal does not stop billing. You must explicitly disconnect or terminate from the dashboard.
• Disconnecting or terminating a VM destroys all data permanently. Sessions are spot instances — data is not preserved between sessions.
• Payment is processed via Stripe. By using the Services, you agree to Stripe's Terms of Service.
• We accept Visa, Mastercard, American Express, and Discover.
• You agree to provide current, complete, and accurate purchase and account information for all transactions.
• We may change prices at any time.
• We reserve the right to correct any errors in pricing, even if we have already requested or received payment.
• We reserve the right to refuse any order or limit quantities at our sole discretion.
• Usage charges are calculated by our automated billing system. You accept that the usage data recorded by our systems is the authoritative source for billing calculations. Minor rounding, latency in reporting, or aggregation differences do not constitute billing errors.
• Billing error remedy. In the event of a verified billing error caused by a software defect or system malfunction, our sole obligation is to correct the error and issue a credit or adjustment to your account for the amount of the overcharge. We shall have no further liability for any billing discrepancy, and in no event shall we be liable for any indirect, consequential, or incidental damages arising from billing errors, including but not limited to bank fees, overdraft charges, declined transactions, or opportunity costs.

5. Credits, Refunds, and Account Balance

• No subscription. The Services do not use a subscription model. There are no recurring charges, no automatic renewals, and no monthly fees. You purchase prepaid credits as needed and use them at your discretion.
• Credit purchases are non-refundable. All credit purchases are final. Unused credits remaining in your account balance are non-refundable except where required by applicable law. You may continue to use your remaining balance until it is exhausted or your account is closed.
• Negative balances. If your credit balance reaches zero or becomes negative, new session starts will be blocked immediately. We reserve the right to terminate active sessions on accounts with a zero or negative balance without further notice.
• If you believe you were charged in error, contact us at [email protected] within 30 days of the charge. We will review billing disputes at our sole discretion.
• Failure to pay outstanding invoices may result in immediate suspension or termination of your account and deletion of all associated data without further notice.
• Late payments. Any amount not paid when due shall accrue interest at the rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower), calculated from the date the payment was due until the date of actual payment.
• Chargebacks and payment disputes. If you initiate a chargeback, payment dispute, or reversal with your bank or payment provider for charges that are legitimate under these Terms, you agree to pay the original disputed amount plus an administrative fee of fifty US dollars ($50.00) per dispute. We reserve the right to immediately suspend or terminate your account upon receiving notice of a chargeback. If you believe a charge is incorrect, you must contact us first at [email protected] before initiating any dispute with your bank or payment provider. Initiating a chargeback without first contacting us constitutes a material breach of these Terms.
• Collections. We reserve the right to refer unpaid balances to third-party collection agencies. You agree to pay all costs of collection, including reasonable attorneys' fees and collection agency fees. We may also report delinquent accounts to credit reporting agencies in accordance with applicable law.
• Right of set-off. We may deduct any amounts you owe us from any credits, refunds, or other amounts we may owe to you.

6. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. You agree not to:

• Violate any applicable laws or regulations.
• Mine, stake, or otherwise generate cryptocurrency or run proof-of-work/proof-of-stake computations.
• Host, distribute, or generate illegal content, including but not limited to content that violates intellectual property rights, facilitates fraud, or constitutes child exploitation material.
• Attack, scan, probe, or exploit vulnerabilities of other systems or networks (e.g., port scanning, DDoS attacks, penetration testing of third-party systems).
• Send spam, phishing emails, or unsolicited communications.
• Attempt to circumvent resource limits, billing metering, idle eviction, or GPU scheduling.
• Attempt to access, probe, or exploit the host operating system, hypervisor, other users' containers, or any infrastructure beyond your assigned container environment.
• Run workloads that consume disproportionate shared resources (network bandwidth, disk I/O, CPU) in a manner that degrades the platform for other users. We reserve the right to throttle or terminate such workloads without notice.
• Reverse-engineer, decompile, disassemble, tamper with, or bypass any security mechanism of the Services.
• Resell, sublicense, or share access to the Services without our written consent.
• Use the Services to develop competing products or services.
• Collect usernames, email addresses, or other user data by electronic or other means.
• Interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services.
• Upload or transmit viruses, Trojan horses, or other malicious code.
• Impersonate another user or person, or use another user's account.
• Use the Services for any illegal, fraudulent, or unauthorized purpose.

We reserve the right to suspend or terminate accounts that violate these Terms without notice and without refund. 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.

Consequences and Enforcement

If you engage in any Prohibited Activity, in addition to any other remedies available to us:

• Investigation rights. We reserve the right to investigate suspected violations of these Terms, including inspecting container contents, reviewing logs, preserving evidence, and taking any technical measures necessary to protect the Services and other users. You consent to such investigation and agree not to obstruct it.
• Law enforcement referral. We may, at our sole discretion, refer violations to appropriate law enforcement agencies, including but not limited to the Federal Bureau of Investigation (FBI), the U.S. Secret Service, and state or local law enforcement. Violations involving unauthorized access to computer systems may be prosecuted under the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and equivalent state laws. We will cooperate fully with law enforcement investigations and may disclose your account information, IP addresses, usage data, container contents, and any other relevant information without notice to you.
• Damages recovery. You shall be liable for all actual damages suffered by us as a result of your violation, including but not limited to: costs of investigation and remediation; costs of restoring the Services; lost revenue from service disruptions; legal fees and expenses; and any damages we are required to pay to third parties as a result of your actions.
• Liquidated damages for security violations. You agree that unauthorized access to or interference with the host operating system, hypervisor, other users' containers, billing systems, scheduling systems, or any infrastructure beyond your assigned container causes harm that is difficult to quantify. Accordingly, you agree to pay liquidated damages of not less than five thousand US dollars ($5,000.00) per incident, or the amount of actual damages, whichever is greater. This provision does not limit our right to seek additional relief.
• Billing circumvention. If you circumvent, tamper with, or interfere with our billing or metering systems, you shall be liable for the full retail value of all compute, storage, and other resources consumed during the period of circumvention, calculated at double the standard rate for the applicable plan, plus all costs of investigation.
• Injunctive relief. You acknowledge that any breach of the Prohibited Activities may cause irreparable harm to us for which monetary damages would be inadequate. You agree that we shall be entitled to seek immediate injunctive or other equitable relief in any court of competent jurisdiction without the necessity of posting a bond or other security, and without the need to prove actual damages.
• Attorney's fees. If we are required to take legal action to enforce these Terms or to recover damages resulting from your violation of these Terms, you shall be responsible for all of our reasonable attorneys' fees, court costs, and expenses incurred in connection with such action, regardless of whether the matter proceeds to trial or is resolved through arbitration, settlement, or otherwise.

Export Controls and Sanctions

You represent and warrant that: (1) you are not located in, or a resident or national of, any country subject to a U.S. government embargo or designated as a "state sponsor of terrorism" (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions); (2) you are not listed on any U.S. government list of prohibited or restricted parties, including the Treasury Department's Specially Designated Nationals List (SDN), the Commerce Department's Denied Persons List, Entity List, or Unverified List; and (3) you will not use the Services for any purpose prohibited by U.S. export control laws, including the Export Administration Regulations (EAR) or the International Traffic in Arms Regulations (ITAR). You are solely responsible for compliance with all applicable export control laws and sanctions regulations. Any violation of this provision constitutes a material breach of these Terms and may result in immediate termination and referral to relevant authorities.

7. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these 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 any of your data or content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, 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.

8. Platform Software

The Services consist of complex software systems including scheduling, billing, containerization, and resource management components. You acknowledge that software may contain bugs, errors, or defects, and that such issues may affect billing accuracy, session management, data handling, resource allocation, or other aspects of the Services. We do not warrant that the Services will be free from bugs, errors, or defects, and we shall not be liable for any consequences arising from software bugs, errors, or defects.

Your containerized environment may include a minimal operating-system base and access components required to operate the Services. Any third-party software you install or use inside your workspace is provided under its own respective licenses. We make no warranties regarding third-party software and are not liable for any data loss, corruption, security vulnerabilities, incompatibilities, or other issues arising from third-party software included in or used with the Services.

9. Data and Content

• You retain full ownership of all data, code, and content you upload to or create on the Services ("Your Data"). We claim no intellectual property rights over Your Data.
• Your workspace data is temporary and should be exported before session termination.
• We do not access, review, or share your workspace content except as required to operate the Services, comply with law, or enforce these Terms.
• You are solely responsible for maintaining backups of your data. We are not liable for any loss, corruption, or unavailability of data, whether caused by your actions, software bugs or defects, system failures, infrastructure issues, security incidents, migrations, scheduled or unscheduled maintenance, or any other cause.
• When you terminate a VM, all workspace data, files, and storage volumes associated with that VM are permanently and instantly deleted. There is no grace period, no recovery option, and no backup. The Services do not offer a stop or hibernate function — termination is the only session-ending action available, and it permanently destroys all associated data.
• We may delete workspace data associated with inactive or suspended accounts at any time without notice.
• Although we may perform routine backups of data for operational purposes, 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.

10. Service Availability

• The Services are provided on an "as-is" and "as-available" basis. We do not guarantee uninterrupted, error-free, or continuous service.
• We may experience hardware, software, or other problems requiring maintenance, resulting in interruptions, delays, or errors.
• We reserve the right to change, revise, update, suspend, discontinue, or modify the Services at any time or for any reason without notice.
• GPU availability depends on current demand and hardware capacity. Because the platform uses shared infrastructure, resources may be temporarily unavailable during periods of high demand. We do not guarantee that a GPU will be available at any given time.
• Performance variability. GPU compute performance may vary based on concurrent platform usage, workload characteristics, and hardware conditions. We make no representations regarding consistent or minimum performance metrics.
• 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.
• Nothing in these Terms obligates us to maintain or support the Services or supply any corrections, updates, or releases.
• No Service Level Agreement (SLA). We do not offer any service level agreement, uptime guarantee, availability commitment, or performance commitment of any kind. The Services are provided on a best-effort basis.

11. Disclaimer of Warranties

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 ACCURACY OF BILLING, SCHEDULING, OR RESOURCE MANAGEMENT SYSTEMS, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, INACCURACIES, SOFTWARE BUGS, OR DEFECTS IN CONTENT, MATERIALS, BILLING, OR SERVICE OPERATION, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL 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, (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, AND/OR (7) ANY DEFECTS, ERRORS, OR INACCURACIES IN THIRD-PARTY SOFTWARE INCLUDED IN OR USED WITH THE SERVICES.

12. Limitation of Liability

IN NO EVENT WILL OZEKAI LLC OR ITS MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARISE FROM SOFTWARE BUGS, DEFECTS, BILLING ERRORS, DATA LOSS, SERVICE INTERRUPTIONS, SECURITY INCIDENTS, OR ANY OTHER CAUSE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CAUSES OF ACTION AND ALL CLAIMS WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR (B) ONE HUNDRED US DOLLARS ($100.00).

SOLE AND EXCLUSIVE REMEDY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES IS TO DISCONTINUE YOUR USE OF THE SERVICES. EXCEPT FOR THE BILLING ERROR CORRECTION DESCRIBED IN SECTION 4, YOU AGREE THAT YOU HAVE NO REMEDY AGAINST US FOR ANY LOSS AND THAT YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.

CERTAIN US STATE 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.

13. Indemnification

You agree to defend, indemnify, and hold harmless Ozekai LLC, its members, managers, employees, and agents 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) your use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including intellectual property rights; (5) any harmful act toward any other user of the Services; (6) any content, code, data, or workloads you run, store, or transmit using the Services; or (7) any claim that your use of the Services caused damage to a third party.

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 with our defense of such claims. This indemnification obligation will survive the termination of these Terms and your use of the Services.

14. Termination

• These Terms remain in full force and effect while you use the Services.
• You may close your account at any time by contacting support.
• We may suspend or terminate your account for violation of these Terms, for non-payment, for suspected fraudulent or abusive activity, or for any reason at our sole discretion, without notice or liability.
• We may deny access to the Services (including blocking IP addresses) to any person for any reason.
• Upon termination, your access to the Services will cease and all workspace data is permanently and immediately deleted with no grace period.
• Outstanding charges remain payable upon termination. Termination does not relieve you of any obligation to pay accrued charges.
• If we terminate or suspend your account, you are prohibited from registering a new account under your name, a false name, or the name of any third party.
• Sections 5 (Payment obligations including chargebacks, collections, and late fees), 6 (Prohibited Activities and Consequences), 9 (Data), 11 (Disclaimer), 12 (Liability), 13 (Indemnification), 16 (Governing Law/Arbitration), 21 (Class Action Waiver), and 25 (General Provisions) survive termination of these Terms.

15. 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. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

16. Governing Law, Dispute Resolution, and Binding Arbitration

These Terms are governed by and construed in accordance with the laws of the State of New York, United States, without regard to conflict of law principles.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, "Disputes"), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

If you and we are unable to resolve a Dispute through informal negotiation, you agree that the Dispute shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator in New York County, New York, or, at your election, via telephone or video conference. The arbitrator shall have exclusive authority to resolve any Dispute, including the arbitrability of any claim. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in the state and federal courts located in New York County, New York, to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or unauthorized access to or theft of data. Additionally, we may bring an action in any court of competent jurisdiction to: (a) collect unpaid amounts owed by you; (b) enforce the Prohibited Activities provisions of Section 6; (c) seek liquidated or actual damages for violations of these Terms; and (d) seek injunctive relief to protect the Services, our infrastructure, or other users. Such actions are not subject to the arbitration requirement of this Section.

Prevailing party attorney's fees. In any arbitration or court proceeding arising out of or relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses from the non-prevailing party.

In no event shall any Dispute brought by you be commenced more than one (1) year after the cause of action arose. This one-year limitations period does not apply to claims brought by us for violations of Section 6 (Prohibited Activities) or for collection of unpaid amounts. 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 New York County, New York, and the parties agree to submit to the personal jurisdiction of that court.

17. Third-Party Services

The Services may contain links to third-party websites or services (including Stripe for payment processing). We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is at your own risk and governed by their respective terms.

18. Electronic Communications, Transactions, and Signatures

By using the Services, you consent to receive electronic communications from us (e.g., emails, notices posted on the Services). You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or 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.

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. Miscellaneous

These 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 Terms shall not operate as a waiver of such right or provision. These 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.

21. Class Action Waiver

YOU AND OZEKAI LLC AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

22. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government orders, power outages, internet or telecommunications failures, cyberattacks, hardware failures, third-party service provider outages (including cloud infrastructure, GPU hardware vendors, and payment processors), or any other event outside our reasonable control.

23. Assumption of Risk

You acknowledge that the Services involve shared infrastructure and that you use the Services at your own risk. You assume all risk related to: (1) data loss or corruption; (2) service interruptions or downtime; (3) performance variability; (4) security vulnerabilities inherent in shared computing environments; (5) compatibility or interoperability issues with your software, models, or data; and (6) any consequences of idle session eviction, resource contention, or platform scheduling decisions. Your sole remedy for dissatisfaction with the Services is to stop using the Services.

24. California Users and Residents

If any complaint with us is not satisfactorily resolved, you may 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.

25. Entire Agreement and General Provisions

These Terms and any policies posted on the Services constitute the entire agreement between you and us and supersede all prior agreements, representations, and understandings. Our failure to exercise any right or provision of these Terms shall not operate as a waiver. If any provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the remaining provisions. We may assign our rights and obligations at any time without notice. You may not assign your rights or obligations under these Terms without our prior written consent. There is no joint venture, partnership, employment, or agency relationship created between you and us by these Terms. The section headings are for convenience only and have no legal effect.

26. Contact Us

Questions or concerns about these Terms? Contact us at:

Ozekai LLC
1755 Broadway FRONT 3 #1142
New York, NY 10019
United States
[email protected]