GPU Exchange Terms and Conditions
Last Updated: April 9, 2026
These Terms and Conditions ("Terms") govern your access to and use of gpuexchange.com (the "Site") and any marketplace, verification, inspection coordination, logistics coordination, and related services provided by GPU Exchange LLC ("GPU Exchange," "we," "us," or "our").
By accessing or using the Site, creating an account, listing items, submitting purchase orders, or participating in any transaction initiated through the Site (the "Exchange"), you agree to these Terms.
1. Definitions
Buyer means a user who purchases or attempts to purchase Hardware through the Exchange.
Seller means a user who lists, sells, or attempts to sell Hardware through the Exchange.
Hardware means GPUs, GPU servers, networking components, and other AI-related hardware offered on the Site.
Listing means a posting describing Hardware offered for sale.
Transaction means any sale or purchase of Hardware initiated through the Exchange.
Certified / Certification / GPU Exchange Standard (where used on the Site) refers to GPU Exchange's then-current program requirements, described on the Site. Certification is not a manufacturer warranty and does not change the Seller's obligations under these Terms.
2. Eligibility
The Exchange is intended for business-to-business transactions. You represent that you are at least 18 years old and have authority to bind your employer or organization if acting on its behalf.
3. Marketplace Role
Marketplace only. GPU Exchange provides a platform to connect Buyers and Sellers and may coordinate third-party services (for example, escrow, shipping, insurance, inspection). Unless GPU Exchange is explicitly identified in writing as the Seller in a specific Listing, GPU Exchange is not the Seller, does not take title to Hardware, and does not act as an agent, broker, or fiduciary for any user.
No endorsement. Any ratings, badges, verification, inspection artifacts, or certification labels are informational and do not guarantee performance.
4. Accounts
You agree to provide accurate account and Transaction information and to keep it current. You are responsible for all activity under your account and must notify us promptly of suspected unauthorized use.
5. Listings; Seller Responsibilities
The Seller is responsible for the Listing. Sellers represent and warrant that:
- Listings are complete, accurate, and not misleading — including SKU or config, serials, condition, usage hours (if provided), firmware or BIOS state (if provided), included accessories, and any material defects.
- The Seller has the legal right to sell the Hardware, and the Hardware is free of liens and third-party claims unless clearly disclosed in the Listing.
- The Hardware is not stolen, counterfeit, or subject to restrictions that prevent transfer.
- The Seller will package and ship as required by the Listing and GPU Exchange's then-current shipping and packing guidelines, where provided.
6. Orders; Acceptance; Cancellations
A Transaction is formed only when the Buyer's order is accepted per the Listing flow and escrow instructions. We may cancel or suspend any Transaction to prevent fraud, comply with law, manage risk, or where required by escrow, shipping, or inspection partners.
7. Payments
Escrow required. Unless otherwise stated in writing by GPU Exchange, all Transactions must be paid via Escrow.com or another escrow provider designated by GPU Exchange.
Third-party terms. Your use of Escrow.com is subject to Escrow.com's terms, policies, and eligibility requirements. GPU Exchange is not Escrow.com and does not control escrow decisions.
Fees. Unless otherwise stated in a Listing or written agreement:
- escrow fees are split 50/50 between Buyer and Seller; and
- GPU Exchange fees — including marketplace, verification, inspection coordination, and logistics coordination fees — are disclosed before you commit to a Transaction.
8. Inspection, Verification, and "As-Is" Sales
Inspection is limited. Where inspection or testing is offered or arranged, it is limited to the scope stated in the Listing, inspection report, or program description. Inspection outcomes may be pass/fail, best-efforts diagnostics, or artifact capture such as photos or logs.
Seller remains responsible. Inspection does not shift Seller responsibility for Listing accuracy or for undisclosed defects.
As-is baseline. Unless a Listing expressly includes a return window, warranty, or Certified coverage terms published on the Site, Hardware is sold "AS IS" and "WITH ALL FAULTS," to the maximum extent allowed by law.
9. Data Sanitization; Security
Data wipe services (where applicable). If Hardware is processed through a GPU Exchange-designated inspection center and data sanitization is included, GPU Exchange will perform sanitization consistent with NIST SP 800-88 Rev. 1 procedures — Clear or Purge as appropriate — and may provide a wipe attestation or certificate.
No absolute guarantee. Because hardware, firmware, and storage media vary, GPU Exchange does not guarantee that every conceivable method of data recovery is impossible. Buyers and Sellers remain responsible for meeting their own security and compliance obligations.
Seller obligations. Sellers represent and warrant that Hardware shipped is free of unauthorized data, malware, and malicious code, and that the Seller has met applicable data protection and security obligations before transfer.
10. Shipping, Risk of Loss, and Delivery
Shipping terms — carrier, insurance, Incoterms (if used), packing standards, inspection timing, and acceptance window — follow the Listing, escrow instructions, and any transaction-specific instructions. Unless otherwise stated:
- risk of loss transfers at the point defined in the Listing or shipping terms; and
- delivery timelines are estimates, and delays may occur.
11. Export Controls, Sanctions, and Trade Compliance
Hardware may be subject to U.S. export controls and sanctions laws, including the EAR and OFAC regulations, and ITAR where applicable. You represent and warrant that:
- you are not a prohibited or restricted party and are not acting on behalf of one;
- you will not export, re-export, transfer, or provide access to Hardware in violation of applicable law; and
- you will not use Hardware for prohibited end uses, including where restricted by U.S. law.
12. Prohibited Conduct
You may not:
- commit fraud, misrepresent Hardware, or manipulate Listings;
- circumvent escrow or platform fees;
- upload malware, attempt unauthorized access, or interfere with Site operations;
- violate export controls, sanctions laws, or other applicable law; or
- harass, dox, or abuse other users or GPU Exchange personnel or contractors.
13. Intellectual Property
The Site and its content, excluding user-submitted content, are owned by GPU Exchange and protected by intellectual property laws. You receive a limited, revocable, non-transferable license to use the Site for its intended purpose. You grant GPU Exchange a license to host, display, and use your Listing content for operating, marketing, and improving the Exchange.
14. Privacy
Your use of the Site is also governed by our Privacy Policy posted on the Site. If you provide personal data, you represent that you have the right to provide it and will comply with applicable privacy laws.
14A. GPU Exchange SMS Messaging Program Terms
Program name. GPU Exchange SMS Messaging Program.
Program description. The Program lets users start one-to-one SMS or MMS conversations with GPU Exchange about hardware requests, listing inquiries, transaction follow-up, account or support issues, and related service communications. Messages are sent only in response to user-initiated inquiries, or as reasonably necessary to continue an active conversation or provide requested updates.
Consent / opt-in. You opt in by voluntarily texting a GPU Exchange phone number that we publish. By starting an SMS conversation with us, you consent to receive conversational text replies from GPU Exchange related to your inquiry, request, account, or transaction.
Message frequency. Message frequency varies based on your interaction with us.
Message and data rates. Message and data rates may apply.
Opt-out. You may opt out at any time by replying STOP.
Help. For help, reply HELP or contact us at support@gpuexchange.com.
No unsolicited marketing. GPU Exchange does not use this Program to send unsolicited marketing. Messages are conversational and tied to a user's inquiry or ongoing service-related communication.
15. Disclaimers
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, GPU EXCHANGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GPU EXCHANGE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY HARDWARE WILL MEET YOUR REQUIREMENTS.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- GPU EXCHANGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR LOST COMPUTE TIME, EVEN IF ADVISED OF THE POSSIBILITY.
- GPU EXCHANGE'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR A TRANSACTION WILL NOT EXCEED THE GREATER OF (A) THE GPU EXCHANGE FEES PAID FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM OR (B) $500.
17. Indemnification
You agree to defend, indemnify, and hold harmless GPU Exchange and its officers, directors, employees, contractors, and agents from any claims, liabilities, damages, losses, and expenses — including reasonable attorneys' fees — arising from: (a) your Listings, Hardware, or conduct; (b) your violation of these Terms or law, including export or sanctions restrictions; or (c) your infringement or misappropriation of any third-party rights.
18. Suspension and Termination
We may suspend or terminate your account and restrict access to the Site at any time if we believe you have violated these Terms, pose a fraud or compliance risk, or attempted to circumvent escrow or fees. Termination does not relieve obligations that by their nature survive, including payment obligations, indemnity, arbitration, and liability limits.
19. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ CAREFULLY. THIS AFFECTS YOUR LEGAL RIGHTS.
Agreement to arbitrate. Except for (i) claims in small claims court, if eligible, or (ii) requests for injunctive relief related to misuse of the Site, intellectual property, or unauthorized access, any dispute arising out of or relating to these Terms, the Site, or Transactions will be resolved by binding arbitration.
Administrator. Arbitration will be administered by JAMS or, if unavailable, AAA, under its applicable rules as modified by these Terms.
Venue / seat. The seat of arbitration will be Wilmington, Delaware, unless the parties agree to virtual proceedings or another location.
Class action waiver. You and GPU Exchange agree to bring disputes only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or mass action.
Time limit. Any claim must be brought within one (1) year after the event giving rise to it, unless prohibited by law.
20. Governing Law
These Terms are governed by the laws of the State of Delaware, excluding conflict-of-laws rules, except where federal law applies — including arbitration and export controls.
21. Changes to Terms
We may update these Terms from time to time. The "Last Updated" date will change. Continued use of the Site after an update means you accept the updated Terms.
22. Miscellaneous
These Terms are the entire agreement regarding the Site and Exchange. If any provision is unenforceable, the remainder stays in effect. You may not assign these Terms without our consent; we may assign them as part of a merger, acquisition, or asset sale.
Contact: legal@gpuexchange.com