This Agreement on Limitation of Liability ("Agreement") covers the limitation of liability of Vi Na Data Information Technology – Service Joint Stock Company ("GreenNode") and Client relating to the Client’s use of the applicable product, services prescribed below.

This Agreement applies to the following products, services of GreenNode:

-    “AI Platform” / Model as a Service (MaaS): is the comprehensive infrastructure and service platform provided by GreenNode, enabling users to develop, train, fine-tune, and deploy artificial intelligence (AI) models through Notebook environments, Fine-tuning services, dedicated or shared GPU resources, and Model as a Service (MaaS) with production-ready APIs at scalable capacity. The Platform meets security standards and supports flexible, elastic expansion (the “Platform”).

To use the Platform provided by GreenNode, Clients need to agree to all terms and conditions of this Agreement; In case clients do not agree to any terms of this Agreement, Clients will need to immediately stop using GreenNode's services, delete and delete all programs and data on Client’s system GreenNode.

GreenNode reserves the right to amend and supplement any and all content of this Agreement at any time without prior notice or prior approval.

CLIENT’S INPUT CONTENT

  • Client’s Input Content

    Client understands and agrees that, by using the Platform, Client may upload, input, submit, post, display or otherwise provide (hereinafter referred to as “provide”) any content or data (in forms such as text, characters, images, voices) to or through the Platform (“Input Content”), including but not limited to commands, text, URLs, code, or other information, data, datasets, content, documents or resources for the purpose of requesting or instructing the Platform to create, provide or respond with corresponding content or output data (in forms such as text, characters, images, voices) to Client (“Output Result”).
  • Ownership of Client’s Input Content

    Client shall hold any and all rights, title and interest in and to the Input Content that Client provides to or through the Platform. GreenNode shall not claim any right, title or interest in and to any Input Content, including any customizations, features, enhancements, modifications, edits, upgrades, derivative works or extensions of the Input Content that Client provide into the Platform.

    However, by using the Platform, Client agrees to provide GreenNode with the permission to process and store Client’s Input Content for the purpose of operating and providing services to the Client, including but not limited to any permission to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat the content or data containing in the Input Content and including the right to sublicense the above rights to any affiliated company, service provider or any third party affiliated of the Platform.
  • No Transfer or Assignment

    Nothing in this Agreement shall be construed or implied to transfer or assign from GreenNode to the Client of any right, title or interest in and to the Platform, including any intellectual property rights in the Platform in any manner whatsoever, except for the rights and permissions expressly provided for in any agreement between Client and GreenNode.

LIMITATIONS ON CLIENT’S INPUT CONTENT

  • GreenNode shall not control any Input Content provided by Clients into the Platform.

  • The Client is only allowed to use the Platform for lawful purposes and warrant that Client’s Input Content shall not violate the laws of Vietnam and/or of any country where such Input Content is uploaded by the Client. Further, Client’s Input Content provided into the Platform must not contain any information that:

    • Defame, insult the honor, reputation, dignity of others;
    • Discriminate based on race, gender, religion, nationality, disability, sexual orientation or age;
    • Infringe the intellectual property rights of GreenNode or any third party;
    • Copy any person or misrepresent the identity of any person's relationship to another person;
    • Contain any content or material that is inappropriate or offensive or objectionable to any other person or organization (such as pornographic, violence, exploitative or abusive content).
    • Mislead or may mislead any party;
    • Breach any legal obligation to a third party (such as a contractual or confidentiality obligation);
    • Facilitate or propagate illegal activities;
    • Threaten, abuse or invade the privacy of others or cause annoyance, inconvenience or unnecessary anxiety;
    • Create the impression that something originates from or is approved or endorsed by GreenNode which is not the case; or
    • Advocates, promotes or assists any unlawful act;
    • Any Input Content intended to make any instruction for the Platform to generate any Output Result that might contain any of the above.

    (“Prohibited Content”)

  • In the event that the Client's Input Content contains any personal data as defined by any applicable regulations on personal data protection, the Client undertakes to fully comply with the provisions of any applicable laws on personal data protection. Further, the Client warrants and undertakes that any personal data provided into the Platform has been obtained with the necessary consent from relevant data subject for the manner and purpose of the Client's use of the Platform.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

  • GreenNode will continuously improve the products and services provided to Clients; however, Clients clearly understand and agree that the Platform is made available to Client on an “as is”, “where is” basis and the Client has fully considered and assessed the risks from the Client's use of the Platform. Except for any liability that cannot be excluded or limited under applicable law, GreenNode does not provide any warranties, conditions, descriptions or terms, whether express or implied, for anything, including but not limited to, the availability and absolute security of the Platform. The Client hereby agrees to be responsible its discretion to use the Platform to achieve any of its desired results, for installation and use, and for the results obtained from using the Platform.
  • The Client clearly understands and agrees that the Output Result generated by the Platform are only suggestions and the final decision on whether to use such Output Result rests entirely with the Client. The Client agrees to bear any risks arising from or related to its decision to use the Output Result for any purpose of the Client and agree to exempt GreenNode from any responsibility related to any errors, mistakes or any fines, damages (if any) when the Client uses the Output Result generated by the Platform.
  • The Client understands and agrees that, in some cases, the Output Result may be generated or referenced from open sources which are not under the control or operation of GreenNode. Therefore, GreenNode makes no warranties or representations, whether express or implied, as to the accuracy, lawfulness or completeness of any Output Result at the time it is delivered, whether analyzed or processed by GreenNode or any third party, nor does it make any warranty or representation that the Output Result will not infringe any third-party rights in any subsequent use by Client (including but not limited to copyright, trademark, privacy).
  • In any case, GreenNode shall not be liable for any special, incidental, punitive or consequential damages (including loss of use, data, reputation, business opportunity, profits, availability of funds, interruption of use or availability of data, other downtime or impairment of other property), fines or other penalties for any breach arising out of or in connection with Client's use of the Platform, whether such liability arises out of any claim based on contract, warranty, tort (including negligence), statutory breach, strict liability or otherwise, and whether or not Client has been advised of the possibility of such loss or damage. Further, GreenNode shall not have any of the above mentioned liabilities or responsibilities to any third party using the Platform through the Client or the Client's products and services.

LINKS TO THIRD-PARTY WEBSITES

Any Output Result generated by the Platform may contain links to other websites that are not under the control of GreenNode. Therefore, GreenNode shall not be responsible for the contents of any linked website or any link contained in a linked website, nor for any changes or updates to such websites.

CLIENT’S VIOLATION AND INDEMNIFICATION

  • GreenNode reserves the right to take one or more of the following actions upon discovering any violation of Client on any provisions relating to Input Content: (i) Suspend, disable or terminate Client's account; (ii) Suspend or terminate Client's use and access to the Platform and any services provided to the Client without incurring any liability under any contracts and/or terms of service with the Client; (iii) the Client may incur any liabilities under any applicable laws.
  • The Client undertakes and guarantees protect and hold GreenNode harmless from any costs, claims, disputes, litigation from any third party arising from or related to the Client's violation of the Input Content specified in this Agreement. At the same time, the Client shall indenify GreenNode for all actual and direct damages arising from or relating to a breach by the Client.