Terms and Conditions

Terms and Conditions

Last Updated: July 12th, 2023

Welcome to Super Parallel Processing! These Terms of Service (“Terms”) outline the agreement between you (referred to as “User,” “you,” or “your”) and Super Parallel Processing LLC (“SPP”, “Company,” “we,” “us,” or “our”) regarding your use of our digital services, including data transformation pipelines (referred to as the “Services”). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you may not use our Services.

1. Acceptance of Terms

1.1 You must be of legal age and have the legal capacity to enter into a binding contract to use our Services.

1.2 By using our Services, you agree to comply with these Terms, any additional terms and conditions applicable to specific features or services within the Services, and all applicable laws and regulations.

2. Description of Services

2.1 SSP provides digital services that include data transformation pipelines to end users, referred to as “The Services”.

2.2 These data transformation pipelines allow users to process and transform their data according to their specific needs.

2.3 Ordering. By executing one or more Order Forms under this Agreement or by signing up for a SPP account, the User may obtain access to use proprietary SPP infrastructure through the means providesd by SPP. All use of the Services by Customer is subject to the terms and conditions of this Agreement and any applicable Order Forms.

2.4 Users are billed monthly based on the amount of resources, measured in both hardware and time, they require to utilize the data transformation pipelines.

2.5 The fares at which both time and hardware are charged are defined at the pricing page https://superparallelprocessing.com/pricing/.

2.6 The quantities of both time and hardware required by each data transformation pipeline are measured in the terms of the cloud provider (Google Cloud Platform) where the data transformation pipelines are hosted.

3. User Responsibilities

3.1 You are solely responsible for the accuracy, completeness, and legality of the data you process through our Services.

3.2 You agree to use our Services in compliance with all applicable laws and regulations.

3.3 You are responsible for maintaining the confidentiality of your account information and are liable for all activities that occur under your account.

3.4 You agree not to use our Services to engage in any unlawful, fraudulent, or harmful activities.

3.5 You agree not to use our Services for a government license or benefit.

3.6 You agree not to use our Services for any purpose prohibited by applicable data privacy and security laws, including the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”).

3.7 Your agree not to use our Service in connection with credit granting, credit monitoring, account review, collection, insurance underwriting, employment or for any other purpose covered by the Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq (“FCRA”)), Federal Trade Commission interpretations of the FCRA, and similar federal and state statutes.

3.8 SPP hereby grants to the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to use the Services provided by SPP. Should the Subscription Period end, or should Customer decline to renew their Order Form, then Customer’s license to the Services specified in the Order Form will be revoked.

4. Billing and Payment

4.1 Users will be billed monthly based on the amount of resources required to run their data transformation pipelines. The resource usage will be accounted for the current month, based in the terms and measures of our Infrastructure Provider at the time.

4.2 The billing rates for the Services are these defined in our pricing tables, listed at https://superparallelprocessing.com/pricing, unless otherwise set forth in an Order Form between the parties. These rates are subject to change at our discretion, and you will be notified one month in advance prior to the change.

4.3 Should the User enter into an Order Form, then the User will be billed for use of The Services in accordance with the applicable Order Form. The pricing specified in an Order Form will be firm for the initial term of the Order Form. SPP may provide notice of an increase in pricing in advance of Subscription Period renewal.

4.4 You agree to provide accurate and up-to-date billing information, including a valid payment method, and authorize us to charge the applicable fees.

4.5 All fees are non-refundable, except as required by law or stated otherwise in these Terms.

4.6 Payment. Invoices will be due and payable thirty (30) days from date of invoice unless otherwise stated in a FMP Order Form and will be paid in immediately available U.S. funds by wire transfer or other method as mutually agreed to by the parties. Any invoiced amount not paid by the due date will bear a late payment charge at the rate of one and a half percent (1.5%) per month (or such lower amount as may be required by law) until paid.

4.7 Taxes. Fees do not include taxes and Customer shall pay, indemnify and hold FMP harmless from all applicable sales/use, gross receipts, value-added, GST or other tax on the transactions contemplated herein, other than taxes based on the net income or profits of SPP.

5. Confidentiallity

“Confidential Information” means, subject to the use license granted in Section 64.2, any non-public information relating to or disclosed in the course of this Agreement, including The Services or information contained in or derived from The Services. The receiving party will not share Confidential Information with third parties (except as otherwise provided in this Agreement, including Section 2), will use the same care to protect Confidential Information as it uses for its own similar information, but in no event less than reasonable care, and will use Confidential Information only as permitted in this Agreement and for fulfilling its obligations under this Agreement. The receiving party will also ensure that the persons it authorizes to access Confidential information have committed themselves to confidentiality. Confidential Information does not include information that: (a) is or becomes part of the public domain through no fault of the receiving party; and (b) was already in possession of the receiving party without restriction. The receiving party may disclose Confidential Information if it is required to do so by law, so long as the receiving party provides the disclosing party with prompt notice and complies with any protective order imposed on such disclosure. At the request of the disclosing party, the receiving party will return all of the other party’s Confidential Information that is reduced to writing(s), drawing(s), schematic(s), or any other form of documentation, or destroy all such material, and permanently delete if in electronic form, and to certify the destruction to the disclosing party, provided however, if the Agreement is not terminated for cause, the User may retain copies of the reports or information printed or obtained through The Services subject at all times to the license restrictions specified in Section 3 and the non-disclosure requirements of this Section 5.

6. Intellectual Property Rights and User Data

6.1 Our Services and all related intellectual property rights are owned by SPP or our licensors.

6.2 You are granted a limited, non-exclusive, non-transferable license to use our Services for the sole purpose of accessing and utilizing the data transformation pipelines.

6.3 You agree not to reproduce, modify, distribute, or create derivative works based on our Services without our prior written consent.

6.4 Each party shall maintain and make publicly available a privacy policy that 1) describes its information collection, use and disclosure practices in sufficient detail such that a reasonable consumer would understand such practices, and 2) contains all other legally-required disclosures, and will comply with such privacy policy.

6.6 SPP agrees that, as between the parties, the User owns all data directly provided by the User to SPP for use with The Services (“User Data”). Notwithstanding anything to the contrary in this Agreement, including Section 5 (confidentiality), the User hereby grants to SPP a perpetual license to use such User Data, without attributing User Data to the User, for enhancing the Data, SPP’s methodologies, and SpP’s products and The Services. This license includes the right to use User Data in the aggregate and with other data and to create derivative datasets for use in SPP’s products and The Services.

6.7 The User represents and warrants that (i) User Data has been collected, processed and provided to FMP in accordance with all applicable U.S. and international laws, including applicable data protection legislation, and User’s privacy policy, and (ii) the User has provided any required notices and obtained any required consents concerning the collection, use, processing, transfer and disclosure of personal information contained in User Data.

7. Privacy and Data Protection

7.1 We are committed to protecting your privacy and handling your personal data in accordance with our Privacy Policy.

7.2 By using our Services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

7.3 Each party shall comply with all applicable privacy, information security, data protection, and data breach notification laws and regulations.

8. Termination

8.1 You may terminate your use of our Services at any time by requesting so through any of our official communication channels.

8.2 We reserve the right to suspend, limit, or terminate your access to our Services if you violate these Terms or if required by law.

8.3 Upon termination, your right to use our Services ceases, and any provisions of these Terms that should survive termination will continue to apply.

9. Limitation of Liability

9.1 To the fullest extent permitted by law, SPP and its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses arising out of or in connection with your use of our Services.

9.2 We make no warranties or representations about the accuracy or completeness of the Services or the content provided through the Services.

10. Governing Law and Dispute Resolution

10.1 These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of laws provisions.

10.2 Any disputes arising out of or relating to these Terms or the use of our Services shall be resolved exclusively through binding arbitration, conducted by a single arbitrator in accordance with the rules of the American Arbitration Association.

11. Changes to the Terms

11.1 We reserve the right to modify or update these Terms at any time, and any changes will be effective immediately upon posting the updated Terms on our website.

11.2 It is your responsibility to review these Terms periodically to stay informed about any changes.