Terms of Service

1. Acceptance of Terms

By accessing or using the Factryze website (factryze.ai) and the Factryze GPU monitoring platform (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not use the Service.

2. Description of Service

Factryze provides a GPU infrastructure monitoring platform that deploys autonomous AI agents on your infrastructure. These agents collect and analyze GPU telemetry data — including temperature, utilization, memory usage, ECC errors, and power draw — to provide real-time monitoring, alerting, and performance optimization recommendations.

The Service operates on-premises within your network. GPU metric data does not leave your infrastructure.

3. User Accounts

To use the Service, you must create an account with accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized access
• Keeping your account information up to date

We reserve the right to suspend or terminate accounts that violate these Terms or that remain inactive for an extended period.

4. Free Tier and Paid Plans

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Infringe upon the intellectual property rights of others
• Reverse engineer, decompile, or disassemble the Service or its agents
• Attempt to gain unauthorized access to the Service or its systems
• Transmit malware, viruses, or other harmful code
• Interfere with or disrupt the integrity or performance of the Service
• Resell, sublicense, or redistribute the Service without prior written consent

6. Intellectual Property

The Service, including its software, agents, documentation, branding, and all associated intellectual property, is owned by Factryze and protected by applicable copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. This license does not include the right to modify, distribute, or create derivative works of the Service.

You retain all rights to your data. We do not claim ownership of any GPU metric data or other content you generate through the Service.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the practices described in the Privacy Policy.

8. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. Since monitoring agents run on-premises, agent availability depends on your infrastructure.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Factryze and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to your use of the Service.

Our total liability for any claim arising under these Terms shall not exceed the amount you paid to Factryze in the 12 months preceding the claim. If you are on the free tier, our total liability shall not exceed $100 USD.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your specific requirements or that monitoring data will be completely accurate or error-free.

11. Indemnification

You agree to indemnify, defend, and hold harmless Factryze and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service or violation of these Terms.

12. Termination

You may terminate your account at any time by contacting us through our contact page. We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason with reasonable notice.

Upon termination, your right to use the Service will cease immediately. Provisions of these Terms that by their nature should survive termination will remain in effect, including intellectual property, limitation of liability, indemnification, and governing law sections.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also notify you via email. Your continued use of the Service after any changes constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

16. Contact Us

If you have any questions about these Terms, please reach out through our contact page.