Terms of Service

Last updated: September 6, 2026

1. Provider, acceptance and eligibility

SwissGPU is operated by LongLink sagl ("SwissGPU", "we", "us" or "our"), la Stráda Valdaé 9, 6963 Cureggia (Lugano), Switzerland, UID CHE-150.642.313. Contact: info@swissgpu.ch.

These Terms form a binding agreement between you and LongLink sagl. You accept them when you create an account, add funds, rent a Server or otherwise use the Service. You must be at least 18 years old and legally capable of entering into this agreement. If you use the Service for an organisation, you confirm that you have authority to bind it. The Service is not directed to minors.

A "consumer" is an individual using the Service mainly for personal or household purposes. A "business user" is anyone using it mainly for professional or commercial purposes. Provisions that expressly apply to business users do not apply to consumers.

2. Definitions and contract documents

"Service" means SwissGPU's on-demand access to dedicated bare-metal GPU servers and the related website, software, APIs, networking and documentation. "Server" means a physical server allocated to your account. "Content" means data, code, datasets, models, prompts, outputs and other material that you or your users upload, create or process through the Service. "Paid Credits" means account balance purchased with money. "Promotional Credits" means balance provided without payment.

The applicable order, pricing shown when you start a rental, and any written order form, DPA, SLA or other agreement signed by both parties are part of the agreement. A signed document prevails over these Terms only for a direct conflict. These Terms prevail over inconsistent marketing material or documentation.

3. Service and beta status

The Service provides remote access to dedicated bare-metal hardware. Hardware configurations, capacity, templates and features may change, and availability is not guaranteed. The Service is in active beta; defects, interruptions and data loss may occur. No service-level commitment applies unless we agree to one in writing.

We may modify, replace or discontinue features where reasonably necessary for security, legal, technical or commercial reasons. We will provide reasonable advance notice of a material reduction affecting an active paid rental where practicable.

Not for high-risk use. You must not use the Service for life support, emergency services, critical infrastructure, autonomous weapons, safety-critical control or any activity where failure could reasonably cause death, personal injury or substantial physical or environmental damage.

4. Accounts and security

You must provide accurate account information and keep it current. You are responsible for activity through your account and for users whom you authorise. You must protect passwords, OAuth access, API credentials and SSH keys, use reasonable access controls, and notify support@swissgpu.ch promptly if you suspect compromise.

You are responsible for configuring and hardening your Server, applying updates, managing encryption and keys, restricting network access, checking software licences and maintaining independent backups. We may isolate a Server, revoke credentials or suspend access where reasonably necessary to contain a security incident.

5. Acceptable use

You must use the Service lawfully and within the technical and rental limits shown to you. You must not:

• resell, sublicense, sublease or provide the Service to third parties without our prior written approval;
• deploy malware, botnets, phishing, spam, denial-of-service attacks, credential theft, intrusion, unauthorised scanning or other harmful or deceptive activity;
• access or interfere with another person's systems, data or accounts without lawful, documented authorisation;
• upload, generate, process or distribute unlawful Content, child sexual abuse material, stolen data, or Content that infringes privacy, intellectual property or other rights;
• bypass or interfere with authentication, isolation, security controls, logging, metering, rate limits, firmware, BIOS, BMC/IPMI, the network stack or other platform protections;
• conduct destructive stress tests, sustained hardware-abuse workloads or cryptocurrency mining without our prior written approval;
• use anonymisation, proxy, VPN, Tor or similar tools to facilitate unlawful activity, evade abuse controls or conceal the source of attacks; or
• violate applicable sanctions, export-control rules or restrictions on prohibited users, territories or end uses.

You may not reverse engineer or circumvent the Service except to the limited extent that applicable law expressly permits and does not allow that right to be waived. You are responsible for obtaining all rights and licences required for your Content, software, datasets and models, and for reviewing outputs before relying on or distributing them.

We have no general obligation to monitor Content. We may review technical metadata and investigate, preserve, quarantine, restrict or remove Content or Servers where reasonably and proportionately necessary to address suspected abuse, fraud, security threats or legal violations, protect users or infrastructure, or comply with a binding legal request. Our handling of personal data is described in the Privacy Policy.

Network usage is subject to fair use; excessive or abusive usage may be throttled.

6. Rentals, metering and fees

Prices are in Swiss francs (CHF). The rate and Server configuration displayed when you confirm a rental apply to that rental. Usage is generally metered by time while a Server is allocated and marked active or rented. Billing ends only when the dashboard confirms that the Server has been released. Shutting down an operating system, disconnecting or leaving a workload idle does not by itself release the Server or necessarily stop billing.

Electricity consumption, operating-system reinstallation and other clearly identified items may be charged separately at the rate disclosed before the charge is incurred. Prices include or identify applicable taxes and mandatory charges as required by law. You authorise Stripe and its supported payment methods, including TWINT where available, to charge the amounts you approve.

Charges are deducted from your balance periodically and may be posted after the relevant usage. You remain liable for valid usage charges that exceed your balance, including usage between meter updates. We may stop and release a Server when your balance is exhausted, which may cause immediate loss of Content on that Server.

Our metering and transaction records determine charges unless there is a manifest error. You must report a suspected billing error within 30 days after it appears in your account or invoice, with enough information for us to investigate. This deadline does not limit rights that cannot lawfully be waived. Overdue amounts accrue default interest at 5% per year, and business users must reimburse reasonable recovery costs to the extent permitted by law.

7. Credits, refunds and consumer cancellation rights

Paid Credits are a closed account balance usable only for the Service. They are not legal tender, earn no interest and may not be sold or transferred. Paid Credits do not expire unless an expiry was clearly disclosed when purchased. Promotional Credits may be subject to stated expiry dates and may be withdrawn if obtained through error, fraud or abuse.

Except where these Terms or mandatory law provide otherwise, completed top-ups and properly charged usage are non-refundable. We may issue service credits at our discretion, but doing so does not create a continuing obligation. Any refund is reduced by valid charges and amounts you owe and is normally returned to the original payment method.

Nothing in these Terms excludes a consumer's mandatory cancellation, refund, price-reduction or other statutory rights. If mandatory law gives you a withdrawal period, by launching or using a Server during that period you expressly request immediate performance. To the extent permitted by that law, you must pay for the proportion of Service supplied before withdrawal and may lose the withdrawal right once the requested Service has been fully performed.

8. Content, privacy and data processing

As between you and us, you retain your rights in Content. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, access and otherwise process Content only as needed to provide, secure and support the Service, enforce this agreement and comply with law. You confirm that you have the rights and lawful basis needed for the Content and these instructions.

For personal data contained in Content, you are the controller and we act as your processor, unless the law assigns different roles. These Terms are your instruction for us to process that data for the duration of the rental solely to provide, secure and support the Service. The subject matter, data types and data subjects are determined by the Content and your use. You are responsible for notices, legal bases, data-subject requests and assessing whether the Service is suitable for your processing.

We will require personnel with access to Content to protect its confidentiality, apply appropriate technical and organisational security measures, notify you without undue delay after becoming aware of a personal-data breach affecting Content, and reasonably assist with legally required data-subject requests, security assessments and breach obligations. Assistance beyond standard Service functionality may be charged at a reasonable rate. We will provide information reasonably necessary to demonstrate these commitments; any audit must be legally required or reasonably justified, coordinated in advance, protective of other customers and our security, and at your cost.

You generally authorise the subprocessors needed to operate the Service. We remain responsible for their processing to the extent required by law and will impose materially equivalent data-protection duties. We will give reasonable notice of a material new subprocessor where required, allowing you to object on documented data-protection grounds. If the parties cannot resolve the objection, you may stop the affected use. Cross-border transfers will use safeguards required by applicable law.

Do not process health data, special-category or highly sensitive personal data, regulated secrets, payment-card data, or data subject to sector-specific localisation or retention duties unless we have expressly agreed in a signed DPA or order. You must encrypt sensitive Content where appropriate and must not rely on the Service as your only copy.

Server storage is not a backup service. Reinstallation, release, suspension, loss of power or termination may erase Content without a recovery period. You are responsible for exporting Content and, where possible, securely deleting it before releasing a Server. We may reimage or sanitise released storage in our ordinary provisioning process, but you should use encryption and your own deletion procedures for Content requiring assured destruction. We may retain data only where required by law, for security evidence, or in temporary system records that are deleted in the ordinary course.

We act as controller for account, billing, support, security and operational data, as explained in our Privacy Policy.

9. Our technology and feedback

We and our licensors retain all rights in the Service, documentation, branding and underlying technology. These Terms grant only the limited right to use the Service during the agreement. If you voluntarily provide feedback, we may use it without restriction or payment, provided we do not identify you publicly without permission. Third-party software remains subject to its own licence.

10. Availability and third-party services

We may perform maintenance, reboot or isolate hardware, change network routes, or migrate or stop workloads to protect the Service. OAuth providers, payment processors, network carriers, template publishers and other third parties are outside our control and may change or discontinue their services. You are responsible for verifying that third-party software and templates are suitable and properly licensed for your use.

11. Warranties

To the fullest extent permitted by law, the beta Service is provided "as is" and "as available". We do not warrant uninterrupted, error-free or secure operation, any particular performance, compatibility or result, or that Content will be preserved. For business users, we disclaim implied warranties of merchantability, satisfactory quality, fitness for purpose and non-infringement to the fullest extent permitted by law. Mandatory consumer warranties remain unaffected.

12. Limitation of liability

Nothing in these Terms excludes or limits liability for wilful misconduct or gross negligence (Article 100(1) of the Swiss Code of Obligations), fraud, or any liability that cannot lawfully be excluded or limited.

For business users, to the fullest extent permitted by law: (a) we are not liable for indirect, incidental, special, consequential or punitive loss, or for lost profit, revenue, business, opportunity, goodwill, anticipated savings or data; and (b) our total aggregate liability arising from or related to the Service is limited to the fees paid or payable for the affected Service in the three months immediately before the event giving rise to the claim, capped at CHF 1,000. Liability for auxiliaries is excluded to the extent permitted by Article 101(2) of the Swiss Code of Obligations.

For consumers, exclusions and limits apply only to the extent permitted by mandatory law and do not restrict mandatory remedies. In all cases, you must take reasonable steps to avoid and reduce loss, including maintaining backups and promptly responding to security and balance notices.

13. Indemnity for business users

If you are a business user, you will defend, indemnify and hold harmless LongLink sagl and its personnel from third-party claims, damages, penalties and reasonable legal costs arising from your Content, your users, your breach of these Terms, or your infringement of law or third-party rights. This does not apply to the extent the claim was caused by our wilful misconduct or gross negligence. We will notify you reasonably promptly, allow you to control the defence and settlement, and provide reasonable cooperation at your cost. You may not settle a claim in a way that admits liability for us or imposes obligations on us without our written consent.

14. Suspension, release and termination

You may stop using the Service at any time and may request account closure. Releasing a Server is irreversible and may immediately erase its Content. You remain responsible for charges incurred before release and any outstanding balance.

We may immediately suspend access, stop or release a Server, remove Content, or terminate the agreement if you materially breach these Terms, fail to pay, create a security or legal risk, use the Service fraudulently or abusively, or if required by law. Where the issue is reasonably capable of cure and does not require urgent action, we will ordinarily give notice and a reasonable opportunity to cure. We may also terminate the Service for convenience on at least 30 days' notice.

If we terminate for convenience, we will refund unused Paid Credits after deducting valid charges. If we terminate for your breach, unused Paid Credits will be handled as required by mandatory law after deducting amounts you owe; Promotional Credits expire. Sections that by their nature should survive termination do so, including payment obligations, intellectual property, liability, indemnity and governing law.

15. Changes to these Terms

We may update these Terms for legal, security, technical or commercial reasons. We will give at least 30 days' notice of a material adverse change by email or through the dashboard. Changes needed urgently for law or security may take effect sooner, with notice as soon as reasonably practicable. Changes apply from their effective date and do not retroactively change completed usage.

If you do not agree to a material change, you must stop using the Service before it takes effect and may request closure and a refund of unused Paid Credits after valid charges are deducted. Continued use after the effective date constitutes acceptance where permitted by law.

16. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including power, carrier or internet failures, supplier outages, natural disasters, labour disputes, war, cyberattacks or government action. This does not excuse your obligation to pay charges already incurred. The affected party will take reasonable steps to reduce the impact.

17. General and governing law

These Terms and the incorporated documents are the entire agreement about the Service and replace prior statements on that subject. If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions remain effective. A failure to enforce a right is not a waiver. You may not assign this agreement without our written consent. We may assign it as part of a merger, reorganisation or transfer of the relevant business, provided this does not reduce mandatory consumer rights.

Swiss substantive law governs, excluding its conflict-of-law rules. For business users, the courts of Lugano, Canton Ticino, Switzerland have exclusive jurisdiction. For consumers, this choice of law and forum does not deprive you of mandatory protections or access to any court available under applicable consumer or jurisdiction law.

18. Contact

Legal and general enquiries: info@swissgpu.ch. Technical and billing support: support@swissgpu.ch.

LongLink sagl (operating "SwissGPU"), la Stráda Valdaé 9, 6963 Cureggia (Lugano), Switzerland, UID CHE-150.642.313.