AkashML – Privacy Policy

This Privacy Policy describes how Overclock Labs Inc. and its affiliates ("Akash," "we," "our," or "us") may collect, use, and disclose personal information about you. This Privacy Policy applies to information collected when you interact with the website located at http://akashml.com/ (the "Website") and the application interface located at http://playground.akashml.com/ and all related components (the "Platform," or "AkashML"), services provided by Akash described below, and such other services, software, applications, features, or products provided by Akash from time to time (together with the Platform, the "Services"). Capitalized terms not defined but otherwise used herein shall have the meaning ascribed to them in our Terms of Service.

Please read this Privacy Policy carefully so you understand our policies and practices regarding your information. If you do not agree with our policies and practices, your choice is not to interact with the Services. By accessing or using the Services you agree to this Privacy Policy and our Terms of Service. We encourage you to check this Privacy Policy often so that you stay informed about our practices and the choices available to you.

Contents

1. Information We Collect
2. How We Use Your Information
3. Third-Party Services
4. Sharing Information
5. Cookies and Similar Technologies
6. Analytics and Advertising
7. Your Choices
8. International Transfers
9. What Is Our Legal Basis?
10. Your EEA Privacy Rights
11. Your State Privacy Rights
12. How We Protect Your Information
13. Information Storage
14. Age Restrictions
15. Changes to this Privacy Policy
16. Third Party Links and Features
17. Contact Us

1. Information We Collect

Depending on how you interact with the Services, we may collect information about you like:

• Information You Provide. You provide us with information when, for instance, you interact with the Services, sign up for an account, or communicate with us by email.
• Information Collected Automatically. We automatically collect information about your interactions with the Services when you view or click content posted on the Services.

In connection with using or accessing the Services, we may collect the following categories of information:

• Profile Content. Your email address, name, preferences, and username.
• Information we receive from authentication services you connect to our Service. Some parts of our Services may allow you to login through a third party authentication service such as Google, Auth0, or other Third-Party Services. These Third-Party Services will authenticate your identity and may provide you the option to share certain personal data with us, which could include your name, email address, address book and contacts, or other information. The data we receive is dependent on each Third-Party Service's policies and your privacy settings on that third-party site. We use this information to operate, maintain, and provide to you the features and functionality of the Services. We may also send you Services-related emails or messages (e.g., account verification, purchase confirmation, customer support, changes, or updates to features of the Services, technical and security notices).
• Payment Information. Payment information, such as credit or debit card information and billing address, which is collected by a third party payment processor, currently Stripe. We use this information where necessary to perform our contract with you to process your payment and provide the Services.
• Compliance Data. In order to access certain of the Services, we may collect information you provide us such as your name, email address, mailing address, telephone number, or other personal information.
• Communication Information. Information about communications you submit to us.
• Device Data. Device type, software and hardware details, browser type and version, operating system, IP address (internet address of your computer), location information, unique device identifiers, and mobile device ID.
• Log and Usage Data. We may collect information about your activity on the Services, such as inferences of your usage, content viewed, pages visited, and links clicked.
• Third Party Connections and Integrations. If you access the Services through a third party connection or login, you allow us to have access to and store certain information from such third party, depending on your settings on that third party service. Please see the privacy policies and terms for these third parties for more information.
• Information Collected Through Tracking Technologies. Like many websites, we may use cookies and similar technologies to collect additional website usage data and to operate our business. For more information about how we use these technologies, please see the Cookies and Similar Technologies section below. You may limit the use of certain cookies and similar technologies at any time (see the Your Choices section below for details).
• Other Information. Any other information that you choose to provide or that we request.
• Marketing and Communications Data. Your preferences in receiving marketing from us and your communication preferences.

Information you share with us will be transmitted over HTTPS/TLS encryption and encrypted on our servers before being stored in the database using AES-GCM encryption. Encrypted data is stored in PostgreSQL with additional security measures. As discussed in our Terms of Service, the Services are hosted on the Akash Network, a decentralized compute network operated by third-party node operators. The third-party AI models available through the Services are hosted by the third-party compute providers that participate in the Akash Network.

We may aggregate or de-identify information so that it can no longer identify you, as defined under applicable laws. We may use and/or disclose aggregated or de-identified information for any purpose unless an applicable law says otherwise.

We do not collect or store any of your prompts or API inputs that you share with the third-party AI models available through the Services. However, if there is an error in processing your call or request inputs will be logged by a third-party logging system we use to troubleshoot errors. We will not otherwise store your prompts or other inputs.

Please be advised that some information you may choose to input into the Services may be considered "special" or "sensitive" in certain jurisdictions, for example, information concerning your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data, or other sensitive information. BY CHOOSING TO INPUT SPECIAL OR SENSITIVE INFORMATION INTO THE SERVICES, YOU HEREBY CONSENT TO OUR COLLECTING AND PROCESSING OF THAT INFORMATION.

2. How We Use Your Information

We use the information we collect in connection with what we consider our Everyday Business Activities, which may include using your information to:

• Operate and Provide the Services. We may use the information we collect to provide and operate the Services like contacting you about technical notices or security alerts and personalizing your user experience. Specifically, when you use the third-party AI models available through the Services, you are sharing prompts and/or API inputs with that the provider of the third-party AI models that you interact with through the Services.
• Monitor and Improve the Services. We may use the information we collect to analyze the effectiveness of the Services, review use of the Services, and improve the Services.
• Conduct Research. We may use information you share with us or that we collect to conduct research, product testing, and troubleshooting to help us operate and improve the Services.
• Communicate with you about the Services. We may use information we collect about you to communicate with you about the Services like offers, promotions, and providing other news and information we think will be of interest to you.
• Facilitate a Corporate Transaction. We may use the information we collect during negotiations or in connection with the sale of part or all of our assets, the acquisition of part or all of another business or the businesses' assets, or another transaction including but not limited to financing or bankruptcy.
• Foster Safety and Security. We use the information we collect to provide for the safety and security of our users and the Services. This includes detecting and preventing against malicious, deceptive, fraudulent, or illegal activities, improving our security, exercising our legal rights, in compliance with any applicable law, and as permitted by law.

3. Third-Party Services

The Services may contain links to third-party sites, materials, and/or services ("Third-Party Service(s)") that are not owned or controlled by us, and certain functionalities of the service may require your use of Third-Party Services. If you use a Third-Party Service in connection with the service, you are subject to and agree to, and must comply with, the third party's terms and conditions made available via, or agreed in connection with, its services. We do not endorse or assume any responsibility for any Third-Party Services. If you access a Third-Party Service from the service or share your user content on or through any Third-Party Service, you do so at your own risk, and you understand that these terms and our privacy notice do not apply to your use of any third-party service. You expressly relieve us from any and all liability arising from your access to and/or use of any Third-Party Service.

We currently use the following Third-Party Services:

We may add or remove other Third-Party Services in the future from time to time.

4. Sharing Information

You should know the ways we share your information and why we share your information. In connection with our Everyday Business Activities, we may share information collected from or about you in the following circumstances:

• Service Providers. We may share your information with providers of Third-Party Services that perform functions or provide services on our behalf such as our business, professional, or technical support providers that help us with our business and the Services and/or administer activities in connection with the Services and our business.
• Comply with Laws and Protect our Rights. We may share your information as we believe to be necessary or appropriate to: comply with applicable law and legal processes; respond to requests from public and government authorities including authorities outside your country of residence; protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and allow us to pursue available remedies or limit the damages that we may sustain.
• Investors and Acquirers. We may transfer your information to advisors, investors, potential transactional partners, or other third parties in connection with the initial actions or engagement of a merger, acquisition, sale of some or all of our stock or assets, change in control, financing, bankruptcy, or similar transaction.
• With other Third Parties. There are situations when we disclose your information to third parties beyond our service providers. While we try to control the behavior of our vendors that we understand to be service providers, some of those vendors engage in activities beyond our control.
• With Your Consent or at Your Direction. We may share your information with third parties when you direct us to do so or if you have consented to additional sharing of your information.

5. Cookies and Similar Technologies

Like most other online services, we use cookies and similar technologies to collect some of the data discussed in this Privacy Policy. These help us provide certain features to you and analyze usage information. The Your Choices section below provides additional information about our use of cookies and similar technologies and your ability to manage cookies.

Our uses of cookies and similar technologies fall into the following general categories:

• Essential. We may use cookies, web beacons, or other similar technologies necessary to provide the Services. This includes technologies that allow you to access our website, services, and applications; or are required to identify irregular site behavior and improve security.
• Performance. We may use cookies, web beacons, or other similar technologies to assess the performance of the Services including as part of our analytic practices to help us understand how visitors use our websites; determine if you have interacted with our messaging; determine whether you have viewed an item or link; or to improve our website content, applications, or services.
• Functionality. We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using the Services. This may include delivering error messages and enhancing the presentation of content on the Services.

6. Analytics and Advertising

We may also engage others to provide analytics services and serve advertisements across the web and in mobile applications. These entities may use cookies and similar technologies to collect information about your use of the Services and your activities across other websites and online services which they may associate with persistent identifiers. Sometimes, these identifiers may be derived from a hashed or encrypted version of personal information such as your email address. We may use the information to measure the performance of our advertising as well, for instance, to evaluate which ads users prefer.

Their activities and your choices regarding their use of your information to personalize ads to you are subject to and set out in their policies. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tacking technologies that may be placed on your computer, mobile phone, or other device by non-affiliated third party providers. As described below in the Your Choices section, these providers may offer you a way to opt-out of the collection of information used for certain advertising to you.

7. Your Choices

You may have certain choices about how to protect and limit the collection, use, and sharing of information about you including:

A. Opt-out of Marketing Communications

You may opt-out of receiving marketing communications from us by following the instructions in those communications. If you opt-out, we may still send you non-promotional messages such as messages about our ongoing business relations.

B. Opt-out of Cookies and Tracking Technologies

You can often adjust your browser setting to remove or reject browser cookies. If you remove or reject cookies, the availability and functionality of the Services may be affected. You may also limit or block cookies and similar tracking technologies by:

• Blocking Advertising ID Use in Your Mobile Settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
• Using Privacy Plug-Ins or Browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features or installing browser plugins and configuring them to block third party cookies or trackers.
• Do Not Track. Please note that, while we provide tools to manage your privacy as described in this Privacy Policy, we do not support "Do Not Track" browser settings at this time.

C. Advertising Industry Opt-Out Tools

You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:

• Digital Advertising Alliance: https://optout.aboutads.info
• Network Advertising Initiative: https://optout.networkadvertising.org/

D. Email

We offer a variety of commercial emails and email newsletters. You can unsubscribe from them by following the instructions included in the email. You may also be able to opt-out of receiving newsletters through the settings section of your profile.

E. Other Rights and Choices

Where required by applicable law and depending on your jurisdiction, you may have access to certain rights. For example, the right to obtain confirmation that we maintain certain personal information relating to you, to verify its content, origin, and accuracy, as well as the right to access, review, port, delete, or block or withdraw consent to the processing of certain personal information (without affecting the lawfulness of processing based on consent before its withdrawal). If you are unable to exercise your rights using the mechanisms in the Your Choices section above, you may email us at [email protected]. We may ask you to provide us with information, such as your name and email address, necessary to reasonably verify your identity before responding to your request. If we can't verify your identity, we will not be able to fulfill your request.

8. International Transfers

Your personal information may be transferred to, processed and stored in countries other than the country in which you are resident. If you are located outside of the United States, your information is collected in your country and may be transferred to another country in which we (or our affiliates or service providers) operate. If we transfer your data out of the European Economic Area ("E.E.A."), we implement at least one of the following safeguards:

• We transfer your information to countries that have been recognized by the European Commission as providing an adequate level of date protection according to E.E.A. standards (see the full list of these countries here).
• We confirm that the service provider to which we are transferring data has an active self-certification under the EU-U.S. Data Privacy Framework ("DPF"), the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF, as applicable.
• We take steps to ensure that the receipt is bound by contractual obligations, including the EU Standard Contractual Clause together with addenda or language to cover the UK and/or Switzerland, as applicable, and additional safeguards to protect your personal data (see a copy of these clauses here).

In certain situations, the courts, law enforcement agencies, regulatory authorities in those countries might be entitled to access your personal information.

9. What is Our Legal Basis?

In some jurisdiction like the European Union and the E.E.A., we only collect, use, or share information about you when we have a valid reason. This is called a "lawful basis." Specifically, this is one of the following:

• The consent you provide to us at the point of collection of your information;
• The performance of the contract we have with you;
• The compliance of a legal obligation to which we are subject; or
• The legitimate interests of Akash or a third party. "Legitimate interest" is a technical term under international laws, including the European Union General Data Protection Regulation. It means that there are good reasons for the processing of your personal information, and that we take measures to minimize the impact on your privacy rights and interests. "Legitimate interests" also refers to our use of your data in ways you would reasonably expect and that have a minimal privacy impact.

We have a legitimate interest in gathering and processing personal information, including without limitation: (a) to ensure that our networks and information are secure; (b) to administer and generally conduct business; (c) to prevent fraud; and (d) to conduct our marketing activities.

10. Your EEA Privacy Rights

If you live in the EEA, the following terms apply to you.

Legal Basis for Processing

Under the European General Data Protection Act ("GDPR"), we are required to provide you with the legal bases upon which we may collect information from you in your use of the Website or our software applications. Whenever we collect personal information from you, we may do so on the following legal bases:

• Your Consent. We may process your personal data because you have given us permission to do so (e.g., by sending data through our Website's contact or signup forms or by providing data through our software applications), because the processing is in our legitimate interests and it is not overridden by your rights, or because we need to process your personal data to perform a contract with you or comply with the law.
• Necessity to Perform Contract. We may process your personal data out of necessity for the performance of a contract between us and you, such as your agreement to use our services or our products (see our Terms of Service for more information).
• Compliance with Our Legal Obligations. The Services are intended only for users who are 18 years of age and older. We process personal data related to your age to verify that you are of lawful age to interact with our products and services.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws concerning your personal data. Your rights may include the following:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we might not always be able to comply with your request of erasure for specific legal reasons that will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.
• Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful, but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we might not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at [email protected].

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to honor your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one (1) month. Occasionally it may take us longer than one (1) month if your request is particularly complex or you have made several requests. In such a case, we will let you know and keep you updated and respond within three (3) months of the initial request.

11. Your State Privacy Rights

State consumer privacy laws in the United States might provide their residents with additional rights regarding our use of their personal information. To learn more about California residents' privacy rights, visit CCPA PRIVACY POLICY FOR CALIFORNIA RESIDENT. California's "Shine the Light" law (Civil Code § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to nonparties for their direct marketing purposes. To make that request, please send an email to [email protected].

Some states like Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information's nature and processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, please send an email to [email protected]. To appeal a decision regarding a consumer rights request, please contact us at [email protected].

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: [email protected]. However, please know we do not currently sell data triggering that statute's opt-out requirements.

12. How We Protect Your Information

We use reasonable procedural, physical, and electronic safeguards to protect your information from unauthorized access or use. These security measures are designed to protect against the accidental or unlawful destruction, loss, misuse, alteration, and unauthorized disclosure of, or access to, the information under our control. However, no method or transmission over the internet or electronic system is completely secure, so we are unable to guarantee absolute security.

The safety and security of your information also depends on you. Do not share your passwords, access credentials, private cryptographic key, or any secret information with anyone. We may provide you with additional security features like multifactor authentication, and we strongly recommend that you utilize these features.

13. Information Storage

We retain your information for as long as necessary to provide the Services, fulfill our legal obligations, enforce our legal agreements, and resolve disputes. The retention periods for your information are determined on a case-by-case basis depending on the nature of information, why it was collected, and the applicable legal reason(s) for the retention of your information. We may also keep certain information when necessary to protect the safety and security of the Services.

14. Age Restrictions

The Services are not intended for Minors. We do not knowingly collect or solicit personal information from Minors. In the event that we encounter information from a Minor without supervision in accordance with our Terms of Service, we will promptly take steps to delete such information. If you believe a Minor under your supervision has uploaded information in connection with the Services, please contact us using the information in the Contact Us section below.

15. Changes To This Privacy Policy

We are always improving our products and services, and we create new features regularly. These updates sometimes require us to collect new information or use what we already have differently. Further, the laws regarding personal information and privacy frequently change.

We will notify you of any changes we make by revising the date at the top of this page. We may also provide you with a reasonable notice of any material changes before they take effect or as otherwise required by applicable law. If you object to any change, you must stop using the Services. After we post any changes, your continued use of the Services is subject to the updated Privacy Policy.

16. Third Party Links and Features

The Services may contain links, banners, or widgets to third party sites, applications, and services. We may also incorporate third party software (including open source software) in the Services. These links and features are provided for your reference and convenience only and do not imply any endorsement of information provided through these third party links and features, nor any association with their operators. Akash is not responsible for the practices of such third parties. Any information you provide to third parties on their sites or services is covered under their privacy and data collection practices and not covered by this Privacy Policy. We urge you to read the privacy and security policies of these third parties.

17. Contact Us

If you have any questions, please email us at [email protected].