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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR SUBSCRIBING TO ANY SERVICES DESCRIBED ON THIS WEBSITE.

These Terms of Use are a legal and binding agreement between Nscale AS (“Nscale”, “us”, “we” or “our”) and you individually or on behalf of your employer or a legal entity (collectively “you” or “your“).

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern Nscale's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please immediately cease using or browsing our website.

The use of this website is subject to the following terms of use:

Content: The content of the pages of this website is for your general information and use only. It is subject to change without notice. Nscale take all reasonable steps to ensure all information displayed on the website is current and accurate in all material respects. However, Nscale is not liable for any errors in any contents of the website, including but not limited to, any product information, pricing or general descriptions.  It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. We may from time to time, prior to undertaking any commercial transactions with you in connection with services or products offered or described on the website, require you to enter into a binding agreement and execute all other necessary documents.

Unauthorised Use: Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offense.

Without limiting the foregoing, you must not:
(a) use the website (including any of Nscale’ social media sites) for any activities, or post or transmit to or via the websites any information or materials, which:
(i) breaches any laws or regulations, infringes a third party's rights or privacy, or which are contrary to any applicable standards or codes;
(ii) interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the website;
(iii) is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
(b) use the website to send unsolicited commercial or bulk electronic messages;
(c) make any fraudulent or speculative enquiries, reservations or requests using the website;
(d) provide false or misleading information when submitting any forms or information through the website;
(e) tamper with, hinder the operation of or make unauthorised modifications to the website;
(f) knowingly transmit any virus or other disabling feature to or via the websites; or
(g) attempt any of the above acts or permit another person to do any of the above acts.

Links: From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

If you wish to establish a link to Nscale’s website from your website, you must seek our prior written consent.

Website Uptime: Every effort is made to keep the website up and running smoothly. However, Nscale takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Intellectual Property: You agree that all materials, products and services provided on this website are the property of Nscale, its affiliates, personnel, agents, suppliers or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property rights. You also agree that you will not reproduce or redistribute Nscale’s intellectual property in any way, including electronic, digital or new trademark registrations. For issues regarding intellectual property claims, you should contact Nscale at info@nscale.com.

Data Collection and Use
Through forms on our website, we collect specific user data, including Name, Email, Phone, and Company Name, for the purpose of promoting and selling GPU cloud resources. The collection and use of this data are governed by the following guidelines:

1. Data Collection: We collect personal information only when voluntarily submitted by you. This information is used to fulfil your specific request, and unless given permission by you, it will be used only for the purpose of fulfilling your specific request.

2. Data Usage: The information you provide is used to meet your specific request, such as providing information about our products and offerings. We may also use this information to contact you in the future regarding promotions, new products, or important website changes unless you have indicated that you do not wish to receive such communications.

3. Data Protection: We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

User Rights
You have the right to request access to the personal data we hold about you, to request corrections to any inaccurate data, and to object to the use of your data for direct marketing purposes. If you wish to exercise any of these rights, please contact us at info@nscale.com.

Indemnity
To the full extent permitted by law, you agree to indemnify Nscale and keep Nscale indemnified from and against any liability and any loss or damage we may sustain, as a result of any breach, act or omission, arising directly or indirectly, of these Terms of Use by you or your representatives.

Limitation of Liability
To the greatest extent permitted by applicable laws, all other warranties whether implied or otherwise, not set out in these Terms of Use are excluded and Nscale is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:
(a) any increased costs or expenses;
(b) any loss of profit, revenue, business, contracts or anticipated savings;
(c) any loss or expense resulting from a claim by a third party;
(d) any special, indirect or consequential loss or damage of any nature whatsoever.

General
No waiver of any of these terms and conditions or failure to exercise a right or remedy by Nscale will be considered to imply or constitute a further waiver by Nscale of the same or any other term, condition, right or remedy.

Nscale reserves the right to change these terms and conditions at any time by posting changes online. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified. For any questions or concerns regarding our terms and conditions, please contact us at info@nscale.com.

Third Party Terms and Conditions
This website and products and services provided through this website may hyperlink to sites not maintained by or related to Nscale or may incorporate or use third party software, models, products or services (“Third Party Products”). Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this website or Nscale. Company makes no representations or warranties about the content, completeness, accuracy or performance of those third party sites or any Third Party Products. Information you submit at a third party site accessible from this website is subject to the terms of that site’s privacy policy, and Nscale has no control over how your information is collected, used, or otherwise handled by such sites.

Nscale’s on-demand public cloud inference offering uses the following Third Party Products and the additional terms and conditions set forth below apply to Nscale’s on-demand public cloud inference offering and such Third Party Products.

(1) BUILT WITH LLAMA - Llama 3.2 11B Vision Instruction Turbo - Llama 3.2 is licensed under the Llama 3.2 Community License, Copyright © Meta Platforms, Inc. All Rights Reserved. This license can be accessed at the following link and is hereby incorporated by reference into these terms and conditions: https://www.llama.com/llama3_2/license/. Use of Llama 3.2 must adhere to the Acceptable Use Policy available at https://www.llama.com/llama3_2/use-policy, which is hereby incorporated by reference into these terms and conditions. 
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(2) BUILT WITH LLAMA - Llama 3.2 11B Vision Instruction Turbo - Llama 3.3 is licensed under the Llama 3.3 Community License, Copyright © Meta Platforms, Inc. All Rights Reserved. This license can be accessed at the following link and is hereby incorporated by reference into this these terms and conditions: https://www.llama.com/llama3_3/license/. Use of Llama 3.3 must adhere to the Acceptable Use Policy available at https://www.llama.com/llama3_3/use-policy, which is hereby incorporated by reference into these terms and conditions.
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(3) Stable Diffusion XL 1.0 - The OpenRail++ license applies to the Stable Diffusion XL 1.0 model and the on-demand public cloud inference offering.  The license can be accessed at the following link and is hereby incorporated by reference into these terms and conditions: https://huggingface.co/stabilityai/stable-diffusion-xl-base-1.0/blob/main/LICENSE.md. 
Without limiting the foregoing, the following use restrictions apply to the Stable Diffusion XL 1.0 (the “Model”) and Derivatives of the Model (all modifications to and works based on the Model or any other model created or initialized by transfer of patterns of the weights, parameters, activations or output of the Model to the other model to cause the other model to perform similarly to the Model (including distillation methods entailing the use of intermediate data representations or methods based on the generation of synthetic data by the Model for training the other model), including Nscale’s on-demand public cloud inference offering.
You agree not to use the Model or Derivatives of the Model: In any way that violates any applicable national, federal, state, local or international law or regulation; For the purpose of exploiting, harming or attempting to exploit or harm minors in any way; To generate or disseminate verifiably false information and/or content with the purpose of harming others; To generate or disseminate personal identifiable information that can be used to harm an individual; To defame, disparage or otherwise harass others; For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation; For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics; To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm; For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories; To provide medical advice and medical results interpretation; To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).