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Terms of Service & Data Disclaimer

Effective Date: September 26, 2026 • Last updated: September 2026

1. Acceptance of Terms & Legal Capacity

By accessing, subscribing to, querying, or using the Dynep API, SDKs, feeds, and datasets provided via data.dynep.com ("Service"), you expressly agree to be legally bound by these Terms of Service. If you do not unconditionally agree to all terms herein, you must immediately cease all access and use of the Service. You represent and warrant that you have full legal authority to enter into this agreement on behalf of yourself or your entity.

2. Merchant of Record & Billing Exemption

All subscription billing, sales tax calculation, VAT/GST compliance, payment processing, chargebacks, and checkout interactions are exclusively fulfilled and processed by Polar Software Inc. ("Polar.sh") acting as the Merchant of Record. Dynep and its operators do not process, store, or hold credit card numbers. By completing a transaction, you also agree to Polar's terms, conditions, and refund policies.

3. Third-Party Data & Spot Price Disclaimer ("AS-IS")

THE SERVICE, ALERTS, AND ALL BENCHMARK DATA ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.

Dynep operates as an automated public data indexer aggregating publicly accessible cloud GPU hourly rates, availability indicators, and hardware specifications from independent third-party cloud infrastructure providers (including, without limitation, AWS, RunPod, Lambda Labs, Vast.ai, LeaderGPU, Vultr, and others).

Spot market prices and cluster stock fluctuate dynamically every second. Dynep makes no representations or warranties that any server, rate, price spread, or GPU instance displayed in the feeds or alerted via email/webhook will remain available, un-preempted, or honored by any third-party provider at the time of your procurement or deployment.

4. Nominative Fair Use & Trademark Disclaimer

All product names, trademarks, logos, and brands (including NVIDIA®, H100®, H200®, B200®, A100®, RTX 4090®, AWS®, Azure®, GCP®, RunPod®, Lambda Labs®, Vast.ai®, and others) are the property of their respective owners. Use of these names, trademarks, and brands within the Service or API is strictly for identification, comparison, research, and nominative fair use purposes only.

Dynep is an independent data indexing service and is NOT affiliated with, sponsored by, endorsed by, or in partnership with any of the referenced hardware manufacturers or cloud infrastructure hosting companies.

5. No Financial, Procurement, or Investment Advice

All pricing intelligence, cost savings calculations, and arbitrage feeds provided by Dynep are intended exclusively for general informational, educational, and benchmarking purposes. They do not constitute financial, investment, legal, architectural, or procurement advice. You are solely responsible for conducting independent due diligence and verifying current provider terms, SLAs, and billing rates prior to deploying computing instances.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DYNEP, ITS FOUNDERS, OPERATORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, DATA LOSS, COMPUTE OVERRUNS, SYSTEM PREEMPTION, HARDWARE FAILURE, DOWNTIME, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE OR SPOT DATA.

IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF DYNEP AND ITS OPERATORS UNDER THESE TERMS OR RELATING TO THE SERVICE SHALL BE STRICTLY AND ABSOLUTELY CAPPED AT THE LESSER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO DYNEP IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE CLAIM, OR (B) $50.00 USD.

7. Comprehensive Indemnification

You agree to defend, indemnify, and hold harmless Dynep, its individual owner(s), operators, parent entities, affiliates, officers, contractors, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) resulting or arising from: (a) your access to or use of the Service or API data; (b) any decision, cluster deployment, or financial transaction made in reliance on data provided by Dynep; (c) your violation of these Terms or any applicable laws; or (d) any dispute between you and any third-party cloud infrastructure provider.

8. Class Action Waiver & Dispute Resolution

YOU EXPRESSLY AGREE THAT ANY LEGAL DISPUTE, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

You waive any right to trial by jury or participation in a class action lawsuit against Dynep or its operators. Any dispute not resolved through good-faith informal negotiation shall be submitted to confidential, binding individual arbitration under standard commercial arbitration rules.

9. Acceptable Use Policy (AUP)

You agree not to: (a) circumvent, tamper with, or bypass rate limits, authentication tokens, or quota controls; (b) initiate Denial of Service (DoS/DDoS) attacks against our edge network; (c) redistribute, sublicense, or resell raw API feeds to third parties without an explicit Enterprise License Agreement; (d) deploy automated bots to aggressively crawl or reverse engineer Dynep's internal extractors; or (e) use the Service for any unlawful or deceptive purpose.

10. Contact & Designated Agent

All legal inquiries, DMCA notices, or questions regarding these terms should be addressed to: [email protected].

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