Terms of Service

1. Acceptance of Terms

By accessing or using Denpex services, you agree to be bound by these Terms of Service. If you do not agree, do not use our services.

2. Description of Service

Denpex provides ML training failure diagnosis services, including log analysis, failure classification, and recommended fixes for distributed training jobs. Our services include web-based tools, APIs, and software agents.

3. Account Responsibilities

You are responsible for:

• Maintaining the security of your account credentials
• All activities that occur under your account
• Ensuring your use complies with applicable laws
• Not misusing or attempting to harm our services

4. Acceptable Use

You agree not to:

• Use our services for illegal purposes
• Attempt to gain unauthorized access to our systems
• Reverse engineer or decompile our software
• Share your account credentials with others
• Resell or redistribute our services without authorization

5. Intellectual Property

All Denpex software, designs, and content are proprietary to Denpex, Inc. You retain ownership of your training logs and data. We claim no rights to your proprietary information.

6. Payment Terms, Metered Usage, and Price Protection

Subscription and included usage. Paid plans are billed monthly or annually as selected. Each paid plan includes a monthly allotment of GPU-hours of monitoring at no additional charge. Usage above your plan’s included GPU-hours is billed as metered overage at the per-GPU-hour rate published for your tier on our pricing page, calculated per billing period and invoiced monthly in arrears — even where the base subscription is paid annually. If you use no monitored GPU-hours in a billing period, no overage is charged for that period.

Overage cap. Metered overage in any billing period will never exceed the flat base price of the next-higher plan. If your usage would cost more than simply moving up a tier, we bill you the lower amount. The top plan has no next tier, so its usage is metered without this cap; where a lower-cost path exists we will surface it to you.

Price protection (grandfathering). If we raise list prices or reduce included GPU-hours, your existing subscription keeps the base rate, the included GPU-hours, and the per-GPU-hour overage rate in effect when you subscribed, for as long as your subscription remains continuously active on the same plan. Published price changes apply to new subscriptions and to a plan change you voluntarily initiate; they do not apply retroactively to a price-protected subscription. Because a list-price change does not alter your protected rate, we do not condition it on advance notice to you.

Refunds. Within 7 days of your initial subscription you may request a refund of the base subscription fee for technical issues we cannot resolve. Metered overage for GPU-hours you have already consumed is non-refundable, because the underlying monitoring has already been delivered. For annual subscriptions, a cancellation refund is pro-rated for the unused portion of the base subscription only; consumed overage is excluded from any pro-rated refund.

7. Disclaimer of Warranties

SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. WHILE WE STRIVE FOR ACCURATE DIAGNOSES, WE DO NOT GUARANTEE THAT ALL FAILURES WILL BE CORRECTLY IDENTIFIED OR FIXED. USE OUR SERVICES AT YOUR OWN RISK.

8. Limitation of Liability

DENPEX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF OUR SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE PRIOR 12 MONTHS.

9. Termination

You may terminate your account at any time. We may suspend or terminate accounts that violate these terms. Upon termination, your data is deleted per our retention policy.

10. Consent to Cookies, Analytics, and Electronic Communications

The Denpex website uses strictly necessary cookies to function. We do not load any analytics, advertising, marketing, session-recording, or other non-essential tracking technology unless and until you give prior, affirmative consent through our cookie preferences banner. Nothing non-essential runs on page load.

By selecting “Accept” (or by enabling a category) in our cookie banner, you knowingly and voluntarily consent, on behalf of yourself and any device you use, to our use of the corresponding cookies and technologies and to the collection, processing, and recording of the related interaction data described in our Privacy Policy and Cookie Policy. To the extent any law — including the California Invasion of Privacy Act (CIPA), the California Penal Code provisions governing pen register and trap-and-trace devices, or any wiretapping, eavesdropping, or recording statute — requires your consent for any such technology, you expressly provide that consent by enabling the applicable category, and you agree that Denpex and its service providers act as parties to, and with your authorization for, any resulting communication. You may withdraw consent at any time through the cookie preferences link in our footer; withdrawal is not retroactive. You also consent to receive communications from us electronically.

11. Informal Dispute Resolution (Required Notice Before Any Claim)

Before initiating any arbitration, lawsuit, demand, or other proceeding, you agree to first give Denpex a written notice of dispute and a genuine opportunity to resolve it. Send the notice to legal@denpex.com describing the claim and the relief sought. The parties will attempt in good faith to resolve the dispute for at least sixty (60) days after the notice is received. This informal-resolution process is a condition precedent to commencing any arbitration or court proceeding, and the limitations period on any claim is tolled while it is pending.

12. Binding Arbitration; Class Action Waiver; Jury Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION.

Agreement to arbitrate.Except for the carve-outs below, you and Denpex agree that any dispute, claim, or controversy arising out of or relating to these Terms, the website, or our services — whether based in contract, tort, statute (including any privacy, wiretapping, CIPA, pen-register, unfair-competition, or consumer-protection statute), fraud, or any other legal theory — will be resolved exclusively by final and binding individual arbitration, and not in a court, except that either party may bring qualifying claims in small claims court.

Class action waiver.You and Denpex agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. You and Denpex waive any right to a jury trial.

Rules and forum.The arbitration will be administered by JAMS (or, if JAMS is unavailable, the American Arbitration Association) under its applicable consumer or commercial rules, before a single arbitrator, seated in California, conducted in English, and may proceed by documents or videoconference. The arbitrator’s award is final and may be entered in any court of competent jurisdiction.

Carve-outs. Nothing here prevents either party from seeking injunctive or equitable relief in court to protect intellectual property or to stop unauthorized access, or from bringing an individual claim in small claims court.

30-day right to opt out. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by emailing legal@denpex.com with your name and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Severability / non-severability of class waiver. If any part of this Section is found unenforceable, the remainder stays in effect; however, if the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and proceed in court, while all other claims remain in arbitration.

13. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to the arbitration agreement above, the state and federal courts located in California will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction and venue there.

14. Changes to Terms

We may update these terms. Continued use after changes constitutes acceptance of new terms. Material changes will be notified via email.

15. Contact

Questions about these terms? Contact us at legal@denpex.com.