Effective date: August 18, 2026 · Last updated: August 18, 2026
1. Description of the VM Cluster Services
The VM Cluster Services are VESSL’s managed GPU virtual-machine platform, providing Customer with dedicated GPU-accelerated virtual machine clusters with root-level SSH access, high-speed interconnect networking, and optional shared file-system storage. Each VM Cluster consists of one or more Nodes provisioned on infrastructure operated by VESSL or by an underlying infrastructure provider engaged by VESSL as a Sub-processor. Customer accesses the VM Cluster Services through the VESSL platform (including the console, API, and/or CLI) and connects to individual Nodes via SSH using Customer-registered SSH keys. Customer does not have direct, unmodified access to the underlying infrastructure provider’s console, API, or credentials. The VM Cluster Services are distinct from the Container Compute Services (Workspaces and Batch Jobs) described in the Container Compute Service Terms. The VM Cluster Services provide full virtual-machine-level access with GPU passthrough, whereas the Container Compute Services provide container-based compute environments. The two are governed by separate Service-Specific Terms.2. Definitions
In addition to the terms defined in the MSA, the following terms apply to these VM Cluster Terms: “Boot Disk” means the local disk attached to a Node. Boot Disk storage is local to the physical server hosting the Node and is not replicated or backed up by VESSL. “Contract Duration” means the period stated in the applicable private Order Form during which the VM Cluster is active. “Extension” means a request by Customer to extend the Contract Duration of an existing VM Cluster beyond its original end date, subject to approval by VESSL. “Firewall Rules” means the inbound network access-control rules that Customer configures at the VM Cluster level through the VESSL platform. “Health Status” means the operational status of a Node as determined by VESSL’s monitoring agents. Current Health Status classifications are described at Health checks. “NFS Storage” means the optional Network File System shared storage that is mounted across all Nodes in a VM Cluster and is available for Customer’s use during the Contract Duration. “Node” means a single VM within a VM Cluster, mapped one-to-one to a dedicated physical server. GPUs are not shared with other customers. “Order” means a private Order Form or other written transaction document accepted by VESSL that identifies the VM Cluster configuration and incorporates these VM Cluster Terms. “VM Cluster” means a group of one or more Nodes provisioned as a unit under a single Order, together with any associated NFS Storage and networking resources.3. Beta Status
As of the Effective Date, the VM Cluster Services are designated as a Beta Service within the meaning of MSA Section 2.3. Accordingly: (a) The VM Cluster Services are provided “AS IS” without any express or implied warranties or representations beyond those in MSA Section 10. The VM Cluster Services may contain bugs, produce errors, experience performance variations, or have gaps in functionality. (b) For Self-Service use, the VM Cluster Services are excluded from the SLA, and VESSL does not provide uptime, availability, or recovery-time commitments for that use during the Beta period. For a B2B Customer, Nodes provisioned under an Order — whether delivered as bare-metal or virtual machine (VM) Nodes — are Covered Services under Section 4 of the SLA by default, unless the applicable Order or Custom SLA Addendum expressly provides otherwise. VESSL does not provide GPU-allocation commitments for the VM Cluster Services during the Beta period. Except to the extent Section 4 of the SLA applies, VESSL will use commercially reasonable efforts to address incidents but does not guarantee any specific response or recovery time. (c) MSA Section 12.1 (VESSL Indemnification) does not apply to the VM Cluster Services during the Beta period. (d) Subject to the applicable Order and MSA Section 14.10, VESSL may modify, suspend, or discontinue the VM Cluster Services, or any feature thereof, with reasonable notice where practicable. VESSL does not guarantee that the VM Cluster Services will transition to general availability. (e) Pricing during the Beta period does not establish a commitment to maintain the same pricing upon general availability. (f) During the Beta period, Customer is strongly advised not to use the VM Cluster Services for regulated workloads (including workloads that process personal data subject to GDPR, HIPAA, or similar data-protection legislation) without independent assessment and appropriate safeguards. (g) Subject to the liability categories, exclusions, supercaps, and non-limitable rights in MSA Section 11, VESSL’s aggregate ordinary capped liability arising out of or relating to the VM Cluster Services during the Beta period will not exceed the lesser of (i) the otherwise applicable cap under MSA Section 11.2 and (ii) the Fees actually paid by Customer for the affected VM Cluster Services during the twelve (12) months preceding the event giving rise to the claim. This Section 3 will apply until VESSL expressly notifies Customer in writing that the VM Cluster Services have reached general availability and identifies the terms that will apply thereafter.4. Ordering and Provisioning
4.1 Sales-Assisted Request and Order Form
Customer may request a VM Cluster configuration through VESSL’s sales or support channel. VESSL may accept, decline, or propose changes to the request based on capacity, technical feasibility, credit review, and other reasonable commercial or operational considerations. A request does not guarantee GPU availability or create a binding commitment. A binding commitment arises only when the applicable private Order Form or other written transaction document is accepted by VESSL and Customer in accordance with its terms and any stated payment or security prerequisite is satisfied.4.2 Configuration
The GPU model, number of Nodes, NFS Storage capacity, Region, Contract Duration, Fees, and other configuration details are stated in the applicable Order.4.3 Provisioning
After the applicable Order becomes effective and its stated prerequisites are satisfied, VESSL will use commercially reasonable efforts to provision the VM Cluster. Provisioning timelines are estimates and are not guaranteed unless the applicable Order expressly states otherwise. VESSL will notify Customer when the VM Cluster is active and SSH access is available.5. Contract Terms
5.1 Duration
The Contract Duration and any renewal or extension rights are stated in the applicable private Order Form. No minimum or maximum Contract Duration is created by the public Documentation.5.2 Commencement and Expiration
The Contract Duration commences when VESSL marks the VM Cluster as active. The VM Cluster expires automatically at the end of the Contract Duration. There is no automatic renewal.5.3 Extension
Customer may request an Extension of the Contract Duration while the VM Cluster is in provisioning or active status. Extensions are subject to: (a) VESSL’s approval, which may consider capacity commitments to other customers; (b) re-pricing at the then-applicable rate (VESSL is not obligated to maintain the original pricing); and (c) Customer’s completion of payment for the Extension period. An approved Extension extends the existing VM Cluster; it does not create a new Order. Node specifications and NFS Storage capacity cannot be changed through an Extension; changes to specifications require a new Order.5.4 Cancellation
Cancellation, committed Fees, and refunds are governed by the applicable Order and the MSA. Unless the applicable Order states otherwise, Customer may not cancel after provisioning has commenced, and Fees are non-refundable except as required by applicable law or where VESSL terminates the affected VM Cluster Services due to VESSL’s uncured material breach.5.5 No Specification Changes
Customer may not change the GPU model, number of Nodes, NFS Storage capacity, or other hardware specifications of a VM Cluster during the Contract Duration. If Customer requires different specifications, Customer must submit a new Order.6. Hardware and Access
6.1 GPU Configuration
Each Node is a dedicated virtual machine with GPU passthrough, mapped one-to-one to a physical server. GPUs are not shared with other customers. The GPU model, GPU count per Node, and other hardware specifications are as set out in the Order.6.2 Root Access
Customer receives root-level SSH access to each Node. Customer may install software, modify the operating system and kernel, install or replace GPU drivers, load kernel modules, and otherwise exercise full administrative control over the Node’s operating environment. Customer assumes full responsibility for any consequences arising from the exercise of root access, including system instability, data loss, security vulnerabilities, driver incompatibility, and workload failures caused by Customer’s modifications. Modifications that interfere with VESSL’s monitoring agents or platform-managed components are subject to Section 9.4. Issues caused by Customer’s modifications to the base operating system, drivers, or kernel are not treated as service incidents and are excluded from the applicable service-level measurement under the SLA or any other service-level provision applicable to the affected Order.6.3 InfiniBand
Nodes in a multi-Node VM Cluster include InfiniBand networking for high-bandwidth inter-node communication. VESSL provides logical tenant isolation on the InfiniBand fabric so that customers cannot access or control each other’s resources. Due to the shared physical nature of the InfiniBand infrastructure, complete physical-layer isolation is not provided. VESSL does not guarantee specific bandwidth, latency, or topology characteristics. A single-Node VM Cluster does not use InfiniBand for inter-node communication. Additional current technical information is described at Understand VM Clusters.6.4 Base Image
VESSL provisions each Node with a base operating-system image as described in the Documentation (see Understand VM Clusters). Customer may modify or replace the base image at Customer’s own risk, subject to Section 6.2. Third-party software components included in the base image are subject to their respective licenses.7. Storage
7.1 Boot Disk
Each Node includes a Boot Disk for local storage. The Boot Disk is local to the physical server hosting the Node and is not replicated, snapshotted, or backed up by VESSL. The Boot Disk capacity is determined by the underlying hardware and is not configurable by Customer. Boot Disk data may be permanently lost in the event of hardware failure, node replacement, auto-recovery, or reboot to a different physical server. Customer must store all important data, including training checkpoints, model weights, datasets, and configuration files, on NFS Storage or an off-platform backup system. VESSL is not responsible for any data stored solely on a Boot Disk.7.2 NFS Storage
Customer may optionally include NFS Storage in the Order. NFS Storage is a shared file system mounted on all Nodes in the VM Cluster, providing persistent shared storage for training data, checkpoints, and other artifacts. (a) Capacity: The NFS Storage capacity, availability, and Fees are stated in the applicable Order. (b) Persistence: NFS Storage data is preserved across individual node reboots and node replacements within the same VM Cluster. NFS Storage data is deleted upon expiration of the Contract Duration in accordance with Section 12. (c) Access: NFS Storage is accessible only from Nodes within the associated VM Cluster. Cross-cluster NFS access is not supported.7.3 NFS Capacity Management
VESSL monitors NFS usage and may notify Customer if usage approaches or exceeds the selected capacity. If Customer exceeds the selected capacity, VESSL may contact Customer to arrange additional capacity at additional cost.7.4 Storage Durability
VESSL does not provide a numerical storage-durability commitment for Boot Disks or NFS Storage. Customer should design workloads on the assumption that storage media may fail.8. Networking
8.1 Public IP
Each Node is assigned a public IP address for SSH access and outbound connectivity. Customer does not acquire ownership of any IP address assigned by VESSL. VESSL may reassign IP addresses upon contract termination, node replacement, or for operational reasons.8.2 Firewall Rules
Customer is responsible for configuring and maintaining Firewall Rules to control inbound network access to the VM Cluster. Customer manages Firewall Rules directly through the VESSL platform at the VM Cluster level. VESSL does not provide managed firewall rules, intrusion-detection services, or default deny-all policies unless otherwise stated in the Documentation (see Configure firewall rules). Customer is solely responsible for the security of the Firewall Rules configuration, including any unauthorized access that results from misconfigured or overly permissive rules.8.3 Egress Traffic
Inbound and outbound data-transfer treatment, including any included usage and charges, is governed by the applicable Order.8.4 Network Performance
VESSL does not guarantee specific network throughput, latency, or packet-loss characteristics for Ethernet connectivity. InfiniBand performance is subject to the conditions in Section 6.3.9. Customer Responsibilities
This Section sets out Customer-side responsibilities specific to the VM Cluster Services. VESSL’s obligations are governed by the MSA, the Data Processing Agreement (DPA), the Privacy Policy, and the SLA.9.1 Configuration and Operations
Customer is responsible for all aspects of the workloads running on the VM Cluster, including operating-system configuration, software installation, GPU driver management, kernel modifications, security hardening, container orchestration, and application deployment. VESSL provides the base infrastructure and platform; Customer operates the workload layer.9.2 Security
Customer is responsible for: (a) the security of all software, configurations, and data on the Nodes, including any software installed or modifications made under root access; (b) the configuration and management of Firewall Rules (Section 8.2); (c) SSH key management and access control for Authorized Users; (d) timely application of security patches to Customer-installed software; (e) monitoring for and responding to unauthorized access, malware, or other security incidents within Customer’s Nodes; and (f) compliance with the Acceptable Use Policy (AUP).9.3 Backup and Data Protection
Customer is solely responsible for backing up all Customer Content, including data stored on Boot Disks and NFS Storage. VESSL does not perform backups of Customer Content on VM Clusters. Customer should maintain independent, off-platform copies of all critical data. Boot Disk data is at particular risk of loss (see Section 7.1).9.4 Monitoring Agent Integrity
VESSL deploys monitoring agents on each Node for health monitoring and platform operations. Customer must not disable, remove, or materially reconfigure VESSL-installed monitoring agents without VESSL’s prior written approval. If Customer interferes with monitoring agents, VESSL may limit the scope of support provided for the affected Nodes. If the SLA or another service-level provision applies to the affected Nodes, VESSL may also calculate the applicable service-level measurement from the time Customer reports the incident rather than from the time VESSL’s monitoring would otherwise have detected it.10. Billing and Payment
10.1 Configuration and Fees
The applicable Order governs the VM Cluster configuration, GPU Node charges, NFS Storage charges, data-transfer charges, committed Fees, and other applicable rates.10.2 Payment
The applicable Order or invoice governs the due date, payment method, currency, taxes, and other payment terms.10.3 Credits Exclusion
Purchased Credits and Promotional Credits may not be applied to VM Cluster Services unless VESSL expressly agrees otherwise in writing. Service Credits issued for a Node that is a Covered Service under Section 4 of the SLA are applied in accordance with the SLA and the applicable Order.10.4 Extensions
An Extension requires VESSL’s written approval. The applicable rate and payment terms are determined when the Extension is approved and may differ from the original Order.10.5 Refunds
Fees paid for VM Cluster Services are non-refundable after provisioning has commenced, except as required by applicable law, as expressly stated in the applicable Order, or where VESSL terminates the affected VM Cluster Services due to VESSL’s uncured material breach, in which case Customer is entitled to a pro-rated refund of the unused allocable prepaid Fees.11. Health Monitoring and Recovery
VESSL monitors Node Health Status and, in the event of a detected node failure, will attempt to reboot the affected Node. The Node may be restarted on a different physical server, and Boot Disk data may be lost (see Section 7.1). VESSL does not guarantee any specific recovery time, and during the Beta period escalation timelines are best-effort and are not guaranteed. Current Health Status visibility, Customer-initiated reboot behavior, and metrics display are described at Health checks, Reboot a node, and Metrics. Those pages do not create a contractual metrics-retention period, response time, recovery time, or escalation commitment.12. Data Retention on Expiration
12.1 No Grace Period
Upon expiration of the Contract Duration, VESSL will immediately: (a) terminate all Nodes in the VM Cluster; (b) reclaim the underlying hardware resources; and (c) permanently delete all Customer Content on Boot Disks and NFS Storage associated with the VM Cluster. There is no grace period for data retrieval after expiration. Customer must download or back up all Customer Content before the Contract Duration expires.12.2 Advance Notice
VESSL will send email notifications to Customer’s registered email address in advance of the expiration date to remind Customer to back up all data; the current reminder schedule is described at Plan for data retention. Failure to send or receive such notifications does not extend the Contract Duration or create an obligation for VESSL to preserve data.12.3 Customer Responsibility
Customer is solely responsible for downloading or backing up all Customer Content before the expiration of the Contract Duration. VESSL has no obligation to retain, return, or make available any Customer Content after expiration. VESSL’s deletion of Customer Content upon expiration is not a breach of this Agreement.12.4 Cancelled or Declined Orders
If an Order is cancelled before provisioning or declined by VESSL, no Customer Content will have been stored on the VM Cluster, and no data-retention obligations arise.13. Maintenance and Replacement
13.1 Scheduled Maintenance
VESSL may perform scheduled maintenance on the infrastructure underlying the VM Cluster Services and will provide reasonable advance notice where practicable. No fixed maintenance schedule or minimum notice period applies during the Beta period unless the applicable Order expressly states otherwise.13.2 Node Replacement
VESSL may replace a Node’s underlying physical hardware. Node replacement may result in the loss of Boot Disk data. VESSL will use commercially reasonable efforts to coordinate replacements to minimize disruption. NFS Storage data is preserved across node replacements. Replacement is based on VESSL’s reasonable operational determination, including observed hardware failure or degraded Health Status; current health-check information is available at https://docs.cloud.vessl.ai/vm-clusters/health-checks.13.3 Infrastructure Migration
If VESSL reasonably determines that continued operation on the existing infrastructure is not commercially or technically feasible, VESSL may migrate the VM Cluster to alternative infrastructure in the same Region with reasonable advance notice and migration support. For Cross-Region migrations, VESSL will provide Customer with at least 30 days’ advance written notice. If Customer does not object in writing within 30 days of receipt of notice, Customer will be deemed to have consented to the migration. If Customer objects, Customer may terminate the affected VM Cluster Order without penalty and receive a pro-rated refund of pre-paid Fees allocable to the unused portion of that Order’s Contract Duration. This Section does not apply where migration is required to address a security incident, regulatory requirement, or Force Majeure Event.14. Acceptable Use
The Acceptable Use Policy (AUP) applies in full to all use of the VM Cluster Services. Without limiting the AUP, the grant of root access under Section 6.2 does not authorize Customer to access, probe, or interfere with: (a) infrastructure, networks, or systems outside Customer’s VM Cluster, including the hypervisor layer and management networks; or (b) other tenants’ data, workloads, network segments, or environments.15. Service Levels
During the Beta period, the VM Cluster Services are excluded from the public SLA for Self-Service use. For a B2B Customer, Nodes provisioned under an Order are Covered Services under Section 4 of the public SLA by default, unless the applicable Order or Custom SLA Addendum expressly provides otherwise. A different private SLA, Custom SLA Addendum, or service-level provision applies to the extent the applicable Order expressly incorporates it. If VESSL makes the VM Cluster Services generally available, VESSL may publish or agree additional service-level commitments at that time. Service Credits under an applicable SLA are Customer’s sole monetary remedy for a failure to meet its metrics, subject to the exceptions and no-double-recovery rule in that SLA and MSA Section 13.16. Modifications
VESSL may update these VM Cluster Terms only in accordance with MSA Section 14.10.VESSL AI, Inc. — legal@vessl.ai