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Terms of Service

Last updated: May 14, 2026

1. About these Terms

These Terms of Service ("Terms") form a binding agreement between you, whether on your own behalf or on behalf of an entity ("you" or "Customer"), and dstack Inc., a Delaware corporation with offices at 8 The Green, #23725, Dover, DE 19901, United States ("dstack," "we," "us"). dstack Inc. is the contracting party under these Terms.

By accessing or using the Service (defined below), you accept these Terms. If you do not accept them, do not use the Service.

2. What these Terms cover

These Terms govern your access to and use of:

  • the dstack website at dstack.ai; and
  • the hosted service offered as dstack Sky, including its Bring Your Own Cloud (BYOC) and GPU Marketplace modes

(together, the "Service").

These Terms do not cover:

  • dstack OSS — the open-source dstack project is licensed under the Mozilla Public License 2.0. Your use of dstack OSS is governed solely by that license, which is included in the project repository.
  • dstack Enterprise — commercial deployments of dstack Enterprise are governed by a separate written enterprise agreement between you and dstack. These Terms do not apply to dstack Enterprise.

3. The Service

dstack Sky is an orchestration service for GPU compute workloads. It is offered in two modes.

BYOC (Bring Your Own Cloud). You configure dstack Sky to provision and manage compute and storage on cloud accounts you own or control (for example AWS, GCP, Azure, or other supported providers). In BYOC mode, dstack does not bill you for compute, storage, or other cloud resources — those are billed by the upstream cloud provider directly to your cloud account, under your agreement with that provider. You are solely responsible for all charges, resources, and data on your cloud accounts, and your relationship with each underlying cloud provider is governed exclusively by your agreement with that provider.

GPU Marketplace. In the GPU Marketplace, dstack relies on third-party cloud providers integrated into the marketplace to supply compute and storage capacity, which dstack makes available to you through dstack Sky. Pricing is set dynamically per provider and is shown in the console at the time of provisioning. Charges are deducted from your prepaid credit balance (see Section 5).

4. Your account

To use dstack Sky, you must register an account. You agree to:

  • provide accurate registration information and keep it current;
  • keep your credentials confidential and be responsible for all activity under your account; and
  • meet the age of majority in your jurisdiction and, if registering on behalf of an entity, have authority to bind that entity to these Terms.

We may suspend or terminate accounts that contain materially inaccurate information or that breach these Terms.

5. Pricing, credits, and payment (GPU Marketplace)

Credits. You pay for GPU Marketplace usage by adding funds to a prepaid balance on your dstack Sky account. We refer to this balance as "credits." Credits are deducted as you consume compute and storage resources at the then-current prices.

How marketplace pricing works. In the GPU Marketplace, dstack relies on third-party cloud providers integrated into the marketplace to supply compute and storage capacity, which dstack makes available to you through dstack Sky. dstack — not the upstream cloud provider — bills you for marketplace usage, by deducting amounts from your credit balance. The price for each compute or storage resource is set per provider and reflects dstack's then-current commercial arrangements with that upstream provider, or, where dstack has no such arrangement with that provider, dstack's then-current pricing for that resource. Pricing for each resource is shown in the console before you provision it.

Price changes. dstack reserves the right to change marketplace prices at any time, without prior notice, including in response to: changes in an upstream provider's pricing or terms; changes in, or termination of, dstack's commercial arrangements with an upstream provider; the absence of an agreement between dstack and an upstream provider; changes in availability, supply, or demand for any resource; or any other reason at dstack's discretion. The applicable price is the price in effect at the time the resource is consumed.

Payment. We accept payment by major credit and debit cards through our third-party payment processor (currently Stripe). We may change accepted payment methods and payment processors at any time. By providing payment information, you authorize us and our payment processor to charge your selected method for credits you purchase. All amounts are in US dollars unless otherwise stated.

Taxes. Prices are exclusive of taxes. You are responsible for any sales, use, value-added, or similar taxes, other than taxes on dstack's net income, and we may add such taxes to invoices where required by law.

No refunds. Credits and any other amounts you pay to dstack are non-refundable, are not redeemable for cash, and have no monetary value outside the Service. We do not refund credits for any reason, including unused balances at account closure, marketplace price changes, service interruptions, or any act, omission, outage, or other issue caused by or attributable to an upstream cloud provider. Unused credits are forfeited upon account closure or termination (see Section 8).

BYOC. dstack does not currently charge for use of dstack Sky in BYOC mode.

6. Customer content and intellectual property

Your content remains yours. You retain all rights, title, and interest in the code, configurations, model artifacts, datasets, logs, outputs, and other content that you upload to, generate through, or process using the Service ("Customer Content"). You grant dstack a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Content solely to provide and operate the Service and to comply with applicable law.

Your responsibility for Customer Content. You are solely responsible for Customer Content, including its lawfulness, accuracy, and the rights you have in it. You represent and warrant that Customer Content does not infringe any third party's rights and that you have all necessary rights, consents, and authorizations to use it through the Service.

Feedback. If you provide us with suggestions, ideas, bug reports, or other feedback about the Service ("Feedback"), you grant dstack a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate the Feedback into our products and services without compensation. Feedback does not include Customer Content, code you author, configurations you create, datasets you upload, or model artifacts; dstack does not claim any right to any of these.

Our IP. Except for dstack OSS (which is governed by its open-source license), the dstack Sky platform, the dstack website, the dstack name and logos, and all related software and documentation are owned by dstack or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms; no other rights are granted, whether by implication, estoppel, or otherwise.

7. Acceptable use

You may not, and may not permit or enable others to:

  • use the Service in violation of any applicable law or regulation;
  • infringe the intellectual property, privacy, publicity, or other rights of any third party;
  • mine, generate, or otherwise produce cryptocurrency or perform any cryptocurrency-related proof-of-work workloads — cryptocurrency mining is expressly prohibited;
  • generate, store, transmit, or facilitate child sexual abuse material (CSAM) or any content that sexualizes minors, content that promotes terrorism or violent extremism, or content depicting non-consenting individuals;
  • interfere with or disrupt the Service or attempt to gain unauthorized access to the Service, to other customers' workloads, or to any underlying systems or cloud-provider resources;
  • probe, scan, or test the vulnerability of the Service except as expressly authorized by us in writing;
  • circumvent rate limits, security controls, quotas, or other technical limitations of the Service;
  • abuse, exhaust, or unreasonably burden the resources of dstack or any upstream cloud provider, including by triggering provider throttling or bans that affect other customers;
  • impersonate any person or entity or misrepresent your affiliation;
  • resell or commercially exploit the Service except as expressly permitted by us in writing; or
  • scrape, crawl, or systematically extract content from the Service other than through documented APIs and within their published limits.

Enforcement. If we reasonably believe you are violating this Section, we may, in our discretion and with or without notice, suspend or terminate your access to the Service, remove or quarantine Customer Content, throttle workloads, or take other reasonable steps. For clearly unlawful activity, we will act immediately.

8. Suspension and termination

By you. You may stop using the Service and close your account at any time through the console or by contacting hello@dstack.ai.

By us. We may suspend or terminate your account, with or without notice, if: (a) you breach, or we reasonably suspect you have breached, these Terms; (b) we reasonably believe your use poses a security, legal, or operational risk to dstack, to other customers, or to any upstream provider; (c) your credit balance is insufficient to cover usage; (d) required by law; or (e) we discontinue the Service or any material part of it.

We may suspend your access to the Service while we investigate any suspected breach of these Terms, and we are not obligated to share the results of any such investigation.

Effect of termination. On termination of your account:

  • your right to use the Service ends immediately;
  • any active workloads may be stopped;
  • Customer Content stored within dstack Sky may be deleted in accordance with our standard retention practices, typically within 30 days of account closure (longer where required by law or legal hold);
  • unused credits are forfeited, unless otherwise required by applicable law; and
  • accrued payment obligations, together with Sections 5 (taxes and no refunds), 6 (Customer content and intellectual property), 8 (this section), 9 (disclaimers), 10 (limitation of liability), 11 (indemnification), 12 (export control), 13 (privacy), 15 (governing law and dispute resolution), and 16 (miscellaneous), survive any termination or expiration of these Terms.

We will use commercially reasonable efforts to allow you to export Customer Content before deletion, except where termination is due to your material breach or to unlawful activity.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DSTACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE ABOVE, DSTACK DOES NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • ANY DATA STORED OR PROCESSED THROUGH THE SERVICE WILL BE PRESERVED, AVAILABLE, OR RECOVERABLE;
  • ANY PARTICULAR COMPUTE CAPACITY, GPU TYPE, REGION, OR PRICE WILL BE AVAILABLE FROM ANY UPSTREAM CLOUD PROVIDER; OR
  • WORKLOADS WILL PRODUCE ANY PARTICULAR RESULT, INCLUDING WITH RESPECT TO MACHINE-LEARNING TRAINING OR INFERENCE OUTPUTS.

DSTACK DOES NOT OFFER A SERVICE-LEVEL AGREEMENT OR UPTIME COMMITMENT UNDER THESE TERMS. ANY SLA OR SERVICE COMMITMENT MUST BE SEPARATELY AGREED IN WRITING (FOR EXAMPLE, UNDER A DSTACK ENTERPRISE AGREEMENT).

Not tailored to industry-specific regulations. The Service is not designed or tailored to comply with industry-specific laws or regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or the Gramm-Leach-Bliley Act (GLBA). You must not use the Service to process data subject to these or similar regulations unless we have separately agreed in writing to support your specific compliance requirements.

10. Limitation of liability

No liability for data, content, or upstream providers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DSTACK WILL NOT BE LIABLE FOR (A) ANY LOSS, CORRUPTION, INACCESSIBILITY, OR DELETION OF DATA OR CUSTOMER CONTENT, OR (B) ANY ACT, OMISSION, FAILURE, INTERRUPTION, OUTAGE, SECURITY INCIDENT, BREACH, OR DATA LOSS CAUSED BY OR ATTRIBUTABLE TO ANY UPSTREAM CLOUD PROVIDER USED THROUGH THE SERVICE (IN BYOC OR GPU MARKETPLACE MODE).

Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DSTACK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, USE, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DSTACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Allocation of risk. YOU ACKNOWLEDGE THAT THE PRICING AND ALLOCATION OF RISK IN THESE TERMS REFLECT AN AGREED COMMERCIAL UNDERSTANDING, AND THAT WITHOUT THIS ALLOCATION DSTACK WOULD NOT PROVIDE THE SERVICE ON THESE TERMS.

Carve-outs. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law (for example, liability for fraud, fraudulent misrepresentation, or, in certain jurisdictions, gross negligence or willful misconduct).

11. Indemnification

You will defend, indemnify, and hold harmless dstack and its affiliates, and their respective officers, directors, employees, and agents, from and against any third-party claim, demand, action, or proceeding, and any related losses, damages, liabilities, judgments, settlements, fines, costs, and reasonable attorneys' fees, arising out of or relating to:

  • your Customer Content;
  • your use of the Service;
  • your breach of these Terms (including the Acceptable Use section); or
  • your violation of any law or any rights of any third party.

We may assume exclusive defense and control of any matter for which you are required to indemnify us, in which case you will cooperate at your expense.

12. Export control and compliance

You represent and warrant that your use of the Service complies with all applicable export-control, sanctions, and trade laws and regulations, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce's Bureau of Industry and Security (BIS), and any equivalent authorities in your jurisdiction. You may not use the Service if you are located in, ordinarily resident in, or organized under the laws of a country or region subject to comprehensive U.S. sanctions, and you may not provide access to the Service to any person on a U.S. or applicable foreign government's restricted-party list.

13. Privacy

Personal data we collect through the Service is handled in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, processing, and transfer of your personal data as described in the Privacy Policy.

14. Modifications

We may change these Terms from time to time. The "Last updated" date at the top of these Terms indicates when they were most recently changed. We reserve the right to update these Terms and, for material changes, will use commercially reasonable efforts to inform you in advance — for example, by email to the address on your account or by an in-product notice. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. If you do not agree to a change, you must stop using the Service.

Changes to dstack Sky pricing are governed by Section 5 (Pricing, credits, and payment) and are not subject to the advance-notice provision of this Section.

15. Governing law and dispute resolution

Governing law. These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution. Before bringing a formal dispute, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") through good-faith informal negotiation for at least thirty (30) days following written notice from one party to the other.

Binding arbitration. Any Dispute not resolved through informal negotiation will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes. The seat of arbitration is Wilmington, Delaware. The arbitration will be conducted in English. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

Class-action waiver. Any arbitration or proceeding under these Terms will be conducted on an individual basis only. The parties waive any right to bring or participate in any class, consolidated, or representative action. If this waiver is held unenforceable as to any Dispute, that Dispute will be heard in court rather than in arbitration.

Carve-outs. The following are not subject to arbitration and may be brought in the state or federal courts located in Delaware: (a) claims to enforce or protect intellectual property rights; (b) claims for injunctive or equitable relief; and (c) claims that may be brought in small-claims court if they qualify.

16. Miscellaneous

Entire agreement. These Terms (together with any documents referenced in them) constitute the entire agreement between you and dstack regarding the Service and supersede any prior agreements on the same subject.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, sale of assets, or by operation of law.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

No waiver. Our failure to enforce any provision is not a waiver of that or any other provision.

No agency. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and dstack.

Force majeure. Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control.

Electronic communications. You consent to receive communications from us electronically. Agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that they be in writing.

Contact. You can contact us about these Terms at hello@dstack.ai or at:

dstack Inc.\ 8 The Green, #23725\ Dover, DE 19901\ United States