Last Modified: June 27, 2024
These Service-Specific Terms for NVIDIA cuOpt Service are an exhibit to the NVIDIA Cloud Agreement (the “Agreement”) and are incorporated as an integral part of the Agreement.
SLA. The SLA for cuOpt Service is available at https://www.nvidia.com/en-us/agreements/service-level-agreement/nvidia-cloud-services-service-level-agreement/.
ADDITIONAL AUTHORIZED USERS. Persons may access certain parts of the Cloud Service to use a Customer Product. As between NVIDIA and Customer, Customer is responsible for supporting the use of Customer Products.
LICENSE TYPE. NVIDIA cuOpt Service requires payment of Subscription fees and is provided on an annual Subscription per GPU hour basis. For an annual Subscription period, Customer must specify in an Order Form a number of GPU hours and pay for those GPU hours regardless of whether Customer uses them. If Customer uses more than those specified GPU hours (“Overages”), NVIDIA will invoice Customer monthly in arrears for Overages (“Overage Fees”).
USER CONTENT AND GENERATED CONTENT
User Content. Customer agrees that Customer owns or has sufficient rights to the User Content and that it (a) does not include any confidential information, (b) does not include any controlled or sensitive data, including (but not limited to) protected health information, personal data, government information, financial information, payment card industry information or sensitive human subject research, and (c) does not contain information or data that is processed or collected in violation of law.
Generated Content. NVIDIA cuOpt Service enables Customer and Customer Personnel to upload software and other User Content to run with NVIDIA provided software, and obtain the results of the interaction before closing the work session (“Generated Content”).
NVIDIA’s Use of User Content and Generated Content. User Content and Generated Content will be used solely to provide you with NVIDIA cuOpt Service and will not be retained by NVIDIA. NVIDIA will collect and retain logs from the NVIDIA cuOpt Service workload (such as solve time, problem size, execution trace), which will not be tied to any individual user or session, to troubleshoot, debug and to improve and develop NVIDIA products and services.
Ownership of User Content and Generated Content. As between the parties, Customer owns Customer’s User Content and Generated Content, subject to compliance with this Agreement and exclusive of any NVIDIA intellectual property that may be included.
(June 5, 2024)