Terms of Service

Last updated: December 2024

Please read these Terms of Service ("Terms") carefully before using the 88mph platform and services operated by Eighty Eight MPH, Inc. ("Company," "we," "us," or "our").

1. Acceptance of Terms

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the service.

2. Description of Service

88mph provides a machine learning operations (MLOps) platform that enables users to deploy, scale, and monitor machine learning models in production environments. Our services include model deployment, auto-scaling, monitoring, and related infrastructure management tools.

3. Account Registration

To use our services, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

4. Acceptable Use

You agree not to use our services to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights of others
  • Transmit malicious code or interfere with our systems
  • Attempt to gain unauthorized access to our services
  • Use the services for cryptocurrency mining without permission
  • Resell or redistribute our services without authorization
  • Process data that violates applicable data protection laws

5. Payment Terms

Certain features of our services require payment. By subscribing to a paid plan, you agree to:

  • Pay all fees associated with your selected plan
  • Provide valid payment information
  • Authorize us to charge your payment method
  • Pay any applicable taxes

Fees are non-refundable except as required by law or as explicitly stated in these Terms. We reserve the right to modify pricing with 30 days' notice.

6. Intellectual Property

The 88mph platform, including all software, documentation, and content, is owned by Eighty Eight MPH, Inc. and protected by intellectual property laws. You retain ownership of your models, data, and any content you upload to our platform.

You grant us a limited license to use your content solely to provide and improve our services. This license ends when you delete your content or close your account.

7. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy. You are responsible for ensuring that your use of our services complies with applicable data protection laws, including obtaining necessary consents for any personal data you process.

8. Service Level Agreement

For paid plans, we offer service level commitments as described in our Service Level Agreement. Our standard SLA provides 99.9% uptime for production deployments. Remedies for SLA breaches are limited to service credits as specified in the SLA.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 88MPH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OUR SERVICES.

Our total liability for any claims arising from these Terms or our services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless 88mph and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services, your violation of these Terms, or your violation of any third-party rights.

11. Termination

Either party may terminate this agreement at any time. We may suspend or terminate your access immediately if you breach these Terms. Upon termination:

  • Your right to use the services will cease immediately
  • You may export your data within 30 days of termination
  • We will delete your data within 30 days after the export period
  • Outstanding fees remain due and payable

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in Delaware.

14. Dispute Resolution

Before filing a claim, you agree to attempt to resolve disputes informally by contacting us at contact@eightyeightmph.com. If informal resolution is unsuccessful after 30 days, either party may proceed with formal dispute resolution.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Service Level Agreement, constitute the entire agreement between you and 88mph regarding our services.

17. Contact Information

For questions about these Terms, please contact us at:

Email: contact@eightyeightmph.com
Company: Eighty Eight MPH, Inc.
Address: 1111B S Governors Ave STE 29607, Dover, DE 19904