Terms of Service

1. About these terms

These Terms of Service (Terms) are an agreement between you and Terrabox.ai Pty Ltd (ACN 699 975 981) (Terrabox, we, us) for the use of the Terrabox GPU console, its API, and the GPU compute, storage and network services we provide through them (the Services).

If you use the Services for an organisation, you accept these Terms for it and confirm you have authority to do so; "you" then means that organisation. By creating an account or using the Services you agree to these Terms, the Acceptable Use Policy (which forms part of them), and our handling of personal information as described in the Privacy Policy.

If you have signed a separate written agreement with Terrabox (for example a lease or services agreement), that agreement takes precedence over these Terms where they conflict.

2. The Services

Terrabox operates NVIDIA DGX B300 systems in Equinix SY5, Sydney, Australia. Through the console you can book GPUs for a period, get an isolated environment on them (your own operating system user, an encrypted storage volume and the GPUs you booked), run containers, and see your usage, invoices and the evidence we issue about your environment.

We describe the security of the Services precisely, and ask that you rely on that description rather than on assumptions:

• Your storage volume is encrypted at rest (LUKS2) and is cryptographically erased when your booking ends; we issue an erasure certificate.
• On a node booked by the GPU, other customers may use the node's other GPUs at the same time. Customers are separated by containers, separate GPUs, separate volumes and separate operating system users — not by separate virtual machines.
• Hardware confidential computing (Intel TDX and NVIDIA GPU confidential computing mode), which would stop Terrabox's own administrators from reading memory, is not currently enabled. Terrabox's administrators and the facility operator have physical and administrative access to the hardware, subject to the commitments in section 7.
• Terrabox is engineered toward IRAP and APRA CPS 234 controls but is not certified against either.

3. Accounts and security

• You must give accurate details, including a work email you control, and keep them up to date. You must be at least 18 and able to enter a binding contract.
• You are responsible for everything done through your account, its API keys and the SSH keys of the people you authorise (your seats). Keep passwords, API keys, recovery codes and SSH private keys secret, use two-factor sign-in, and revoke access promptly when someone leaves.
• Tell us at support@terrabox.ai straight away if you suspect unauthorised access.
• We may refuse, suspend or close an account where we reasonably suspect fraud, a false identity, or a breach of these Terms.

4. Bookings

• A booking request is an offer. A Terrabox engineer confirms new customers' first booking and may ask about the intended workload; we may decline any request.
• Once confirmed, your environment is provisioned at the start of the booking and handed back — including cryptographic erasure of your volume — when it ends. Copy out anything you want to keep before the end of your booking; erased data cannot be recovered by anyone.
• We may need to perform maintenance. We give notice in the console where we can, and emergency security work may happen without notice.

5. Fees and payment

• Fees are the rates shown in your console, in Australian dollars, per GPU-hour, exclusive of GST. GST is added where applicable and shown on a tax invoice.
• You are billed for the GPU-hours our meter records, not for the length of the booking. Invoices are issued monthly in arrears.
• If you save a card, each issued invoice is charged to it automatically. Card payments are processed by Stripe; card details are entered on Stripe's page and are never received or stored by Terrabox. Self-service accounts must save a card before their first booking.
• Invoices are due on issue unless your invoice says otherwise. If an amount is unpaid 14 days after we notify you, we may suspend the Services until it is paid.
• Tell us within 30 days if you dispute an invoice; we will work with you in good faith and won't suspend the Services over an amount genuinely in dispute.
• We may change our rates on 30 days' notice. Changes don't affect bookings already confirmed.

6. Your data

• You own the data, models, code and other material you bring to or create with the Services (Customer Data). You give us only the permissions needed to host and process it to provide the Services.
• Customer Data stays in Australia, in Equinix SY5. It is not moved offshore by Terrabox.
• You are responsible for having the rights and consents to process Customer Data, including any personal information in it, and for keeping your own backups.

7. Our access to your environment

We do not access Customer Data on your volume or in your containers except where necessary to respond to a security incident, to comply with law or a lawful request, or to diagnose a fault you've reported — and in each case we will tell you where we lawfully can. Our operational tooling records metadata about your environment (for example GPU utilisation, process counts, GPU-hours and sign-in events) to run, bill and secure the Services.

8. Acceptable use

You must comply, and make sure everyone using your account complies, with the Acceptable Use Policy. It prohibits, among other things, unlawful activity, attacks on others, crypto-currency mining without our written consent, and use by or for sanctioned persons. We may suspend a workload or account immediately where we reasonably believe it breaches that policy or puts the Services or others at risk.

9. Suspension and ending the Services

• You can close your account at any time from the console or by emailing support@terrabox.ai. Fees for GPU-hours already used remain payable.
• We may end these Terms on 30 days' notice, or immediately if you seriously or repeatedly breach them, breach the Acceptable Use Policy, or become insolvent.
• When an account closes, active environments are handed back and cryptographically erased. We keep account and billing records for as long as the law requires (see the Privacy Policy).

10. Warranties and liability

Australian Consumer Law. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under that law that cannot lawfully be excluded. Where we are allowed to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to supplying the Services again or paying the cost of having them supplied again.

Subject to that, and except as set out in these Terms:

• the Services are provided with reasonable care and skill, but we don't promise they will be uninterrupted or error-free, or meet a particular availability unless a written agreement with you says so;
• neither of us is liable to the other for indirect or consequential loss, loss of profit, revenue or data (to the extent it could have been avoided by keeping backups); and
• each party's total liability under these Terms is capped at the fees you paid in the three months before the event giving rise to the claim. The cap doesn't apply to your obligation to pay fees, to either party's liability for fraud or wilful misconduct, or to your indemnity in section 11.

11. Your responsibility for misuse

You indemnify Terrabox against third-party claims (including claims by our facility provider) arising from Customer Data, from use of the Services through your account in breach of these Terms or the Acceptable Use Policy, or from your breach of law — except to the extent the claim is caused by our breach or negligence.

12. General

• Changes. We may update these Terms. We'll give at least 30 days' notice of a material change by email or in the console; if you don't agree, you can close your account before it takes effect.
• Export controls and sanctions. Advanced GPUs are subject to export control. You must not use the Services in breach of Australian, US or other applicable export control or sanctions law, or for anyone those laws prohibit.
• Force majeure. Neither of us is liable for delay or failure caused by events beyond our reasonable control, including failures at our facility provider, other than an obligation to pay.
• Assignment. You may not assign these Terms without our consent. We may assign them to a related company or to a buyer of our business, with notice to you.
• Governing law. These Terms are governed by the laws of New South Wales, Australia, and both parties submit to the courts of that State.
• Contact. Terrabox.ai Pty Ltd (ACN 699 975 981), Brisbane, Queensland — support@terrabox.ai.