Lektra Cloud Terms & Conditions
Self-serve terms for customers renting GPU compute through the Lektra console.
These Terms & Conditions govern access to and use of Lektra Cloud LLC's hosted cloud services, including GPU compute, storage, networking, APIs, dashboards, and related platform features made available through the Lektra console. By checking the box indicating acceptance, creating an account, or using the services, the customer agrees to be bound by these terms.
1. Parties and contract formation
1.1 These Terms & Conditions are a binding agreement between Lektra Cloud LLC, a Delaware limited liability company with a principal address at 57 West 57th Street, Floor 3, New York, NY 10019 ("Lektra," "we," "us," or "our"), and the person or legal entity accepting these terms ("Customer," "you," or "your").
1.2 If you accept these terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not have that authority, you must not accept these terms or use the services.
1.3 These terms become effective on the date you accept them electronically (the "Effective Date").
2. Services and service commencement
2.1 Lektra will make available cloud services through its online platform, which may include virtual compute instances, GPU rentals, storage, networking, APIs, dashboards, and related management tools (collectively, the "Services").
2.2 No pricing, billing obligation, service level commitment, or other service-specific obligation applies until Lektra actually makes the applicable Services available to you or you provision the applicable resources in your account, whichever occurs first (the "Service Commencement Date").
2.3 Features, service tiers, hardware types, regions, and availability may change from time to time. Lektra may add, remove, modify, or discontinue features or service offerings at any time.
2.4 Unless Lektra expressly agrees otherwise in writing, the Services are provided on a self-serve basis and do not include onboarding, custom development, or managed services.
3. Account registration and authorized users
3.1 You must provide accurate and complete account information and keep it current.
3.2 You are responsible for all activities that occur under your account, including activities of employees, contractors, agents, and any other users you authorize to access the Services ("Authorized Users").
3.3 You must safeguard account credentials and promptly notify Lektra of any unauthorized access, credential compromise, or suspected security incident affecting your account.
4. Orders, usage, fees, and taxes
4.1 Your use of the Services is subject to the pricing, usage metrics, billing terms, and plan details presented in the Lektra console, on an order page, or otherwise made available by Lektra at the time of purchase or provisioning.
4.2 Fees may be based on usage, reserved capacity, subscription terms, storage, data transfer, support level, or other metrics identified by Lektra. You authorize Lektra to charge all fees, applicable taxes, and other amounts due using your designated payment method.
4.3 Unless otherwise stated by Lektra in writing, fees are non-refundable once incurred or paid.
4.4 Late amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
4.5 You are responsible for all taxes, duties, levies, or similar governmental assessments arising from your use of the Services, other than taxes based on Lektra's net income.
5. Acceptable use and restrictions
5.1 You may use the Services only for your internal business purposes and only in compliance with these terms, the applicable documentation, and all laws and regulations.
5.2 You must not, and must not permit any third party to: (a) resell, sublicense, lease, or commercially exploit the Services except as expressly authorized by Lektra in writing; (b) use the Services to violate law or infringe the rights of any person or entity; (c) upload, store, transmit, or deploy malware, ransomware, viruses, worms, Trojan horses, or other malicious code; (d) interfere with, disrupt, scan, probe, reverse engineer, decompile, or attempt to gain unauthorized access to the Services or any Lektra system; (e) use the Services to build, benchmark, or support a competing product or service using non-public aspects of the Services; (f) remove proprietary notices or misrepresent the origin of any service or content; or (g) use the Services in a manner that threatens the security, integrity, performance, or availability of the Services.
5.3 Lektra may maintain and enforce additional acceptable use, security, or technical policies, including policies displayed in the console or documentation, and those policies are incorporated into these terms by reference.
6. Suspension
6.1 Lektra may suspend or limit access to some or all of the Services immediately if: (a) your use poses a security risk to the Services or any other customer; (b) you or any Authorized User engages in fraudulent, abusive, prohibited, or unlawful conduct; (c) payment is overdue; (d) Lektra is required to do so by law, court order, or governmental request; (e) a third-party provider suspends a dependency needed to provide the Services; or (f) your use materially disrupts the Services.
6.2 Lektra will use commercially reasonable efforts to notify you of a suspension and restore access once the underlying issue is resolved, but Lektra is not liable for losses arising from a suspension permitted under these terms.
7. Customer data
7.1 As between the parties, you retain all right, title, and interest in and to data, content, code, prompts, model inputs, model outputs you own, configurations, and other materials that you or your Authorized Users submit to, store in, or process through the Services (collectively, "Customer Data").
7.2 You grant Lektra a non-exclusive, worldwide, limited right to host, process, transmit, store, copy, and otherwise use Customer Data only as necessary to provide, secure, support, maintain, and improve the Services, comply with law, and enforce these terms.
7.3 You are solely responsible for the legality, accuracy, quality, and integrity of Customer Data and for obtaining all rights, consents, and permissions necessary for Lektra to process Customer Data as contemplated by these terms.
7.4 Lektra will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data. No method of transmission or storage is completely secure, and Lektra does not guarantee absolute security.
7.5 Lektra may collect and use aggregated, anonymized, and de-identified usage and performance data that does not identify you for analytics, security, operational, product, and marketing purposes.
8. Intellectual property
8.1 Lektra and its licensors retain all right, title, and interest in and to the Services, documentation, platform interfaces, software, designs, trademarks, and all related intellectual property rights.
8.2 Subject to your compliance with these terms, Lektra grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the term to access and use the Services and related documentation for your internal business use.
8.3 If you provide comments, suggestions, ideas, or other feedback regarding the Services, Lektra may use that feedback without restriction or obligation to you.
9. Third-party services and open-source software
9.1 The Services may include, interoperate with, or depend on third-party services, software, models, or open-source components. Lektra does not control and is not responsible for third-party offerings except to the extent expressly required by applicable law.
9.2 Third-party offerings may be subject to separate license terms, terms of service, or usage restrictions, and you are responsible for complying with those terms where applicable.
10. Availability, maintenance, and service levels
10.1 Lektra will use commercially reasonable efforts to make the Services available, subject to planned maintenance, emergency maintenance, force majeure events, third-party failures, beta limitations, and exclusions described in these terms or any applicable service level policy.
10.2 Any service level commitments, support response targets, or service credits apply only if Lektra expressly publishes or provides them for your plan. Unless an applicable service level policy expressly states otherwise, service credits are your sole and exclusive remedy for covered downtime.
10.3 Lektra may perform maintenance, repairs, upgrades, patches, and modifications that temporarily affect performance or availability.
11. Confidentiality
11.1 Each party may receive non-public information from the other that a reasonable person would understand to be confidential ("Confidential Information").
11.2 The receiving party will use the disclosing party's Confidential Information only as necessary to exercise its rights or perform its obligations under these terms and will protect it using reasonable care, but no less than the care it uses to protect its own similar information.
11.3 Confidential Information does not include information that: (a) is or becomes public through no fault of the receiving party; (b) was already lawfully known to the receiving party without restriction; (c) is lawfully received from a third party without breach of obligation; or (d) is independently developed without use of the disclosing party's Confidential Information.
11.4 A party may disclose Confidential Information if required by law, subpoena, or court order, provided it gives notice when legally permitted.
12. Term and termination
12.1 These terms remain in effect until terminated by either party.
12.2 You may stop using the Services and terminate these terms at any time by closing your account, subject to payment of all accrued fees and any minimum commitment or reserved term you accepted.
12.3 Lektra may terminate these terms or your access to the Services immediately if you materially breach these terms, fail to cure a curable breach within 30 days after notice, fail to pay amounts due, become insolvent, or use the Services for prohibited, fraudulent, or unlawful purposes.
12.4 Upon termination, your right to access and use the Services ends immediately, but provisions that by their nature should survive will survive, including provisions relating to payment, intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, and survival.
13. Disclaimers
13.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEKTRA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RESULTS, RELIABILITY, AVAILABILITY, AND SECURITY.
13.2 LEKTRA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR SUITABLE FOR ANY PARTICULAR WORKLOAD OR BUSINESS RESULT.
13.3 LEKTRA IS NOT RESPONSIBLE FOR THIRD-PARTY SERVICES, THIRD-PARTY MODELS, OPEN-SOURCE COMPONENTS, INTERNET FAILURES, OR CUSTOMER CONFIGURATION ERRORS.
14. Limitation of liability
14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEKTRA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO LEKTRA FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 6 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
14.3 The exclusions and limitations in this section do not apply to your payment obligations, either party's confidentiality obligations, either party's infringement of the other party's intellectual property rights, or liability that cannot be limited under applicable law.
15. Indemnification
15.1 You will defend, indemnify, and hold harmless Lektra and its affiliates, officers, directors, employees, contractors, and licensors from and against third-party claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Services; (b) Customer Data; (c) your breach of these terms; or (d) your violation of law or the rights of a third party.
15.2 Lektra will promptly notify you of any indemnified claim and reasonably cooperate with your defense at your expense. You may not settle any claim in a manner that admits fault by or imposes obligations on Lektra without Lektra's prior written consent.
16. Export controls and sanctions
16.1 You may not use the Services in violation of U.S. export control laws, sanctions laws, or other applicable trade laws.
16.2 You represent that you are not located in, organized in, or ordinarily resident in a restricted jurisdiction and are not listed on any applicable denied-party or sanctions list.
17. Governing law and dispute resolution
17.1 These terms are governed by the laws of the State of New York, without regard to conflict of laws principles.
17.2 The parties will first attempt in good faith to resolve any dispute informally.
17.3 Any dispute arising out of or relating to these terms that is not resolved informally will be finally resolved by confidential arbitration administered by JAMS in New York, New York, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
17.4 Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.
18. Changes to these terms
18.1 Lektra may update these terms from time to time. If Lektra makes a material change, it will provide notice by email, through the console, or by posting an updated version with a new effective date.
18.2 If you continue using the Services after the updated terms become effective, you agree to the revised terms. If you do not agree, you must stop using the Services and close your account before the updated terms take effect.
19. Miscellaneous
19.1 Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, utility failures, internet outages, pandemics, or governmental actions.
19.2 You may not assign these terms without Lektra's prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets, and only if the assignee agrees in writing to be bound by these terms. Lektra may assign these terms without restriction.
19.3 If any provision of these terms is held unenforceable, the remaining provisions will remain in full force and effect.
19.4 These terms are the entire agreement between the parties regarding the Services and supersede prior or contemporaneous agreements on the same subject matter, except for any separate written order form, enterprise agreement, or addendum signed by both parties.
19.5 No waiver is effective unless in writing and signed by the waiving party.
20. Notices and contact
20.1 Legal notices to Lektra must be sent to: Lektra Cloud LLC, 57 West 57th Street, Floor 3, New York, NY 10019, Attention: Legal, with a copy to info@lektra.com.
20.2 Operational notices, billing notices, and account notices may be sent electronically to the email address associated with your account, and such notices are deemed received when sent.
20.3 By accepting these terms electronically, you agree that electronic signatures, click-through acceptance, and electronic records satisfy any legal requirement that a contract be in writing or signed.