Terms of Use

Effective Date:

1. Agreement to Terms

By downloading, installing, or using gpulse ("Software") or visiting gpulse.ai ("Website"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, do not use the Software or Website.

These Terms constitute a legal agreement between you ("User," "you") and Karthik Kirubakaran ("Author," "we," "us"), the developer and sole proprietor of gpulse.

If you are using the Software on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the compiled gpulse binary for GPU monitoring on devices you own or have authorization to manage.

  • Scope: This license covers both personal and commercial use.
  • Binary only: The Software is distributed as a compiled binary. This license does not include access to source code.
  • Tier-dependent features: Certain features require a valid Pro or Enterprise license. Using paid features without a valid license is a violation of these Terms.

3. Acceptable Use and Restrictions

You agree not to:

  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software;
  • Modify, adapt, translate, or create derivative works based on the Software;
  • Redistribute, sublicense, rent, lease, sell, or transfer the Software or your license key to any third party;
  • Share, publish, or distribute license keys;
  • Remove, alter, or obscure any proprietary notices, labels, or branding in the Software;
  • Use the Software to build a competing product or service;
  • Circumvent or attempt to circumvent license validation, feature gating, or any other technical protection measures;
  • Use the Software in any manner that violates applicable law.

4. Intellectual Property

The Software, including all code, design, documentation, and website content, is the exclusive intellectual property of Karthik Kirubakaran. All rights not expressly granted in these Terms are reserved.

Trademarks: "gpulse" and associated logos, branding, and visual identity are trademarks of Karthik Kirubakaran. You may reference gpulse by name for identification purposes consistent with nominative fair use, but you may not use our trademarks in a way that implies endorsement or affiliation without written permission.

Feedback: If you provide feedback, suggestions, or ideas about the Software, you grant us a perpetual, worldwide, royalty-free, irrevocable license to use, modify, and incorporate that feedback without compensation or attribution to you.

5. Free Tier

The free tier provides local GPU monitoring at no cost, with no time limit and no account required. Free tier features include real-time metrics, memory tracking, process monitoring, leak detection, and the full terminal user interface.

The free tier is provided "as is" with no service level agreement, no guaranteed uptime, and no support obligations. We may adjust which features are included in the free tier at our discretion. If we materially reduce free tier functionality, we will provide 30 days' notice on the Website.

6. Pro and Enterprise Subscriptions

Billing

  • Pro subscriptions are billed at $29 per month through a third-party payment processor.
  • Enterprise pricing is determined on a per-agreement basis. Contact [email protected] for details.
  • All prices are in US dollars unless otherwise stated.
  • Applicable taxes are your responsibility unless we are legally required to collect them.

License Keys

  • Paid subscriptions are activated via a license key file stored locally at ~/.config/gpulse/license.key.
  • License keys are personal to the subscriber and must not be shared or redistributed.
  • We reserve the right to revoke license keys that are shared, abused, or used in violation of these Terms.

Cancellation and Refunds

  • You may cancel your subscription at any time.
  • Cancellation takes effect at the end of your current billing period. You retain access to paid features until then.
  • After cancellation, the Software reverts to free tier functionality.
  • No refunds are provided for partial billing periods, except where required by law.

Price Changes

We may change subscription pricing with at least 30 days' written notice to the email address associated with your license. The new price takes effect at your next billing cycle after the notice period. If you do not agree to the new price, you may cancel before it takes effect.

7. Privacy

The gpulse CLI collects zero user data. No telemetry, no analytics, no network calls home. All GPU data stays on your machine.

For details on data collected through the Website, forms, and subscriptions, see our Privacy Policy, which is incorporated into these Terms by reference.

8. Third-Party Components

The Software includes open-source libraries governed by their respective licenses. License notices for all bundled third-party components are included with the binary distribution. Our inclusion of these components does not extend any warranty beyond what their respective licenses provide.

Your use of third-party services in conjunction with gpulse (such as Prometheus, Grafana, or SSH infrastructure) is governed by those services' own terms. We are not responsible for the availability, security, or terms of third-party services.

9. Disclaimer of Warranties

The Software and Website are provided "as is" and "as available" without warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

Without limiting the foregoing, we do not warrant that:

  • GPU metrics reported by the Software will be perfectly accurate or complete;
  • Leak detection will identify every memory leak or prevent out-of-memory events;
  • The Software will be error-free, uninterrupted, or compatible with every hardware or software configuration;
  • The Software will meet your specific requirements.

The Software provides monitoring data for informational purposes. Decisions you make based on its output, including but not limited to resource allocation, workload management, and system administration, are your sole responsibility.

10. Limitation of Liability

To the maximum extent permitted by applicable law, the Author shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, training runs, compute time, goodwill, or business opportunity, arising out of or related to your use of or inability to use the Software or Website, regardless of the cause of action or theory of liability.

Liability cap: Our total aggregate liability for any and all claims arising from these Terms or your use of the Software shall not exceed the greater of (a) the amount you paid us in the twelve (12) months immediately preceding the claim, or (b) fifty US dollars ($50).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Author from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Software or Website; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) your infringement of any third-party rights.

12. Termination

Automatic termination: Your license terminates automatically and immediately if you breach any provision of these Terms.

Voluntary termination: You may terminate at any time by uninstalling the Software and ceasing all use.

Termination by us: We may suspend or terminate your license at any time, with or without cause, upon notice to you.

Effect of termination: Upon termination, you must destroy all copies of the Software in your possession and cease all use. Termination of a paid subscription follows the cancellation terms in Section 6. Sections 4, 9, 10, 11, 13, and 14 survive termination.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions.

Informal resolution: Before initiating any formal proceeding, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

Jurisdiction: If informal resolution fails, any dispute shall be submitted exclusively to the state and federal courts located in Suffolk County, Massachusetts. You consent to the personal jurisdiction of these courts.

International users: If you are accessing the Software from outside the United States, you are responsible for compliance with local laws. Nothing in these Terms overrides any mandatory consumer protection rights that may apply in your jurisdiction.

14. General Provisions

Entire agreement: These Terms, together with the Privacy Policy and any applicable subscription or enterprise agreement, constitute the entire agreement between you and the Author regarding the Software and Website.

Severability: If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by the Author.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Force majeure: We are not liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, or third-party service failures.

Export compliance: You agree to comply with all applicable export and import laws and regulations. You may not use the Software in any country or in any manner prohibited by applicable export control laws.

15. Changes to These Terms

We may update these Terms at any time. When we do:

  • Updated Terms will be posted at this URL with a revised effective date;
  • Material changes will be communicated via email to users who have provided their address;
  • For paid subscribers, material changes take effect at the start of the next billing cycle following 30 days' notice.

Continued use of the Software or Website after changes constitutes acceptance of the updated Terms. If you do not agree to updated Terms, you must stop using the Software and Website.

16. Contact

Questions about these Terms? Reach us at: