Cloud Marketplace Terms of Use

These terms of use (the “Terms”) of Puzl Cloud Marketplace (the “Marketplace”) are agreed by and between Puzl Cloud, which means GPU Computing OÜ (the private limited company registered in Estonia with registration code 14476114) and you, being a customer (“Customer”) in the meaning of the Puzl Cloud Platform customer agreement (the “Customer Agreement”).

The Terms are in force as of the date Customer clicks to accept the Terms, and they are incorporated into the Customer Agreement. The conditions for using the Marketplace and capitalized terms used but not defined in these Terms have the meaning given to them in the Customer Agreement.

1. Use of the Marketplace

1.1. These Terms govern Customer’s access to and use of the Marketplace. The Marketplace is an online service that enables Customer to deploy and use Products made available through the Marketplace. Subject to these Terms, Customer may use the Marketplace and Products during the Term.

1.2. These Terms do not govern the terms and conditions of use of Products. The Products’ terms are governed by the third-party terms of use and software licenses associated with such Products. Customer agrees that Products are not subject to these Terms or Customer Agreement, and they are not created, owned or endorsed by Puzl Cloud. Puzl Cloud makes no representation or warranty that such Product, their compositions, descriptions, or displays are accurate, complete, or up to date. Puzl Cloud does not monitor, control, or assume any liability associated with Products and is not responsible for the quality, accuracy, or nature of such Products or the security practices or general privacy policies (including data collection or use policies) of the Providers offering such Products. Customer agrees that functionality related to Products are enforced by the Providers for such Products, and Puzl Cloud assumes no responsibility or liability for the effectiveness or accuracy of such Provider enforced functionality.

1.3. Puzl Cloud may make new features, functionality etc., related to the Marketplace, the use of which may be conditional upon Customer’s consent to additional terms.

1.4. Customer must have an Account to use the Marketplace.

1.5. URL links on the Marketplace web pages may forward Customer to web pages not owned and controlled by Puzl Cloud (“Linked Site(s)”). Puzl Cloud is not responsible for the Linked Sites in any manner, including related content and security or privacy practices. Any access Puzl Cloud provides to Linked Sites is done solely as a Customer convenience, and the inclusion of any link to a Linked Site does not imply endorsement by Puzl Cloud of the Linked Site.

1.6. Puzl Cloud may change the Terms, the Marketplace or Products at any time. Puzl Cloud may at any time terminate the availability or use of any Product or the Marketplace. Puzl Cloud will post any changes to the respective URL, and they will be effective immediately after posting. If Customer does not agree to any changes to the Terms, Customer will stop using the Marketplace and any Products. Any use of the Marketplace or Product after the posting and effective date of any changes to the Terms URL will constitute Customer’s acceptance of the Terms as modified.

2. Fees

2.1. Puzl Cloud will invoice Customer and apply other payment and taxation terms as specified in the Customer Agreement unless otherwise stated in the Product description in the Marketplace for any Product used.

2.2. If Customer or Customer End User commits to pay any minimum amount of Fees (including for any promotion or discount), Customer will be responsible for the payment of such Fees even after any termination of the Terms.

3. Customer Obligations

3.1. Customer is solely responsible for its Products, Customer Data and its (and Customer End User’s) use of the Marketplace and Products.

3.2. Products (which may include open-source software) deployed or used via the Marketplace may be subject to separate third-party license agreements and terms of use, and Customer, by agreeing to these Terms, also agrees to any applicable third-party agreements or terms related to Customer’s use of any Products. However, no third-party agreement or terms may limit the parties’ obligations and rights under these Terms; except that, to the limited extent, an open-source software license expressly supersedes these Terms open-source software license governs Customer’s use of the related Product.

3.3. Puzl Cloud may provide Documentation for Customer’s use of the Marketplace or Products. The Documentation may specify restrictions on how Products may be built or used, and Customer will comply with any such restrictions set. Puzl Cloud will not be responsible in any manner for any Provider-supplied security updates or patches described in the Documentation or otherwise provided to Customer.

3.4. If Customer becomes aware that any Customer or Customer End User use of the Marketplace violates these Terms, Customer will immediately cease such use. If Customer or Customer End User engages in such use or fails to immediately discontinue any use of the Marketplace in violation of these Terms, Puzl Cloud may suspend or cancel Customer’s use of the Marketplace or Product.

4. Proprietary Rights; Use of Customer Data; Technical Support

4.1. Except as expressly stated in these Terms, the Terms do not grant either party any rights, implied or otherwise, to the other party’s content or any of the other party’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and Products (if applicable). Puzl Cloud owns all Intellectual Property Rights in the Marketplace, and Providers own all Intellectual Property Rights in the Products.

4.2. Customer consents that Puzl Cloud can use data related to Customer’s usage of the Marketplace or Products to provide Product recommendations and other personalization or improvements to the Marketplace and Products offerings.

4.3. Customer is responsible for technical support of its Products. Subject to payment of any applicable support Fees, any technical support for Products will be provided by the Provider of the Product on terms that will need to be agreed to by Customer. Puzl Cloud will not be responsible or liable for any technical support to Customer for any Products, including any security updates or patches provided by Provider (even if such updates or patches appear in Documentation).

5. Term and Termination

5.1. These Terms are agreed upon for an indefinite period.

5.2. Customer may stop using the Marketplace at any time.

5.3. Puzl Cloud may remove or prohibit access to any Products in the Marketplace at any time without liability to Customer.

5.4. Puzl Cloud may discontinue the Marketplace or any portion or feature for any reason at any time without liability to Customer.

5.5. If a Product is removed from the Marketplace, Customer shall stop all use of such Product, unless such continued use is expressly allowed by the third-party license applicable to Customer.

5.6. If these Terms are terminated, then Customer shall stop all use of the Marketplace and any Products.

6. Definitions

“Customer End User” means the individual(s) that Customer permits to use the Marketplace or Products.

“Product(s)” include (i) any usable tools, software development kits, Applications or other proprietary computer software provided by Providers or Puzl Cloud in connection with deployment via the Marketplace, which Customer may use, (ii) any services provided by Providers or Puzl Cloud via the Marketplace, (iii) datasets provided by Puzl Cloud or third parties via the Marketplace, and (iv) any updates Puzl Cloud or Providers may make to (i) or (ii), or (iii).

“Provider(s)” means the supplier(s) providing Product(s) for deployment or usage through the Marketplace.

Latest update: 20 May, 2021