AkashML – Terms of Service

These AkashML Terms of Service (these "Terms" or this "Agreement") are a contract between you and Overclock Labs Inc. ("Akash," "we," "our," or "us") and govern your access to and use of 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, including without limitation our generative AI services for image generation and editing, text-to-speech synthesis, voice cloning, and audio transcription, and such other services, software, applications, features, or products provided by Akash from time to time (together with the Platform, the "Services").

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THEY ALSO INCLUDE IMPORTANT REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION OBLIGATIONS RELATING TO YOUR USE OF GENERATIVE AI FEATURES, INCLUDING VOICE CLONING AND IMAGE GENERATION. IF YOU UPLOAD A VOICE OR IMAGE OF ANY PERSON OTHER THAN YOURSELF, YOU MUST HAVE THAT PERSON'S EXPRESS WRITTEN CONSENT.

1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms of Service (these "Terms"), the AkashML Privacy Policy available at /privacy, and the Akash Network Terms of Service available at https://console.akash.network/terms-of-service, and, if you use voice cloning, voice library, or text-to-speech features, you also agree to and are bound by our Biometric Data Notice and Consent, available at akashml.com/biometric-notice (collectively, the "Akash Terms"). If you do not agree to these Terms and the Akash Terms, you may not use the Services.

2. Description of Services

AkashML is a decentralized artificial intelligence ("AI") software service and platform for inference, fine-tuning, and/or training of AI models and workloads. AkashML provides users access to AI models run on Akash Network's decentralized cloud infrastructure, and certain application programming interfaces ("APIs") that developers can use to build AI applications that use the AI models available on the Platform for inference ("Models"). The AI models available on the Platform may be proprietary, open-source, or sourced from third parties.

Subject to these Terms, Akash hereby grants you a non-exclusive right to access and use the Services. As part of the Services, Akash may provide you with certain APIs. You are entirely responsible for provisioning and managing your use of the Services in compliance with the Akash Terms.

2.1 Core Features

AkashML provides, and may provide in the future:

• Access to multiple Models hosted on Akash Network;
• Chat history management with local and cloud storage options;
• Customizable system prompts and Model configurations;
• Audio Transcription. AI-powered transcription of user-supplied audio files into text;
• Image Generation and Editing. AI-powered generation of images from text prompts, and editing or transformation of user-uploaded images, through AkashGen and other available image models;
• Text-to-Speech ("TTS"). AI-powered synthesis of speech audio from user-provided text using available voices, including standard preset voices and, where you have completed the required consent flow, voices you have created using our voice cloning feature;
• Voice Cloning and Voice Library. AI-powered creation of synthetic voice models ("Voiceprints") from audio samples ("Voice Samples") you upload. You may save Voiceprints to your account-specific voice library for use with TTS and other voice features. Voice cloning and voice library features require completion of a separate biometric consent flow and are subject to the additional representations, warranties, and obligations set forth in Section 4.4 below;
• File upload and processing for context;
• Private chat modes with memory-only storage; and
• Saving and downloading of your output generated from the third-party Models made available through the Services ("Output") to your User Account (as defined below).

2.2 Decentralized Infrastructure

The Service utilizes Akash Network's decentralized compute infrastructure, meaning your requests may be processed across multiple independent providers in the network. Notwithstanding the decentralized nature of the underlying compute, voice cloning, voice library, image generation, and transcription features are operated under contractual arrangements with selected providers requiring encryption in transit and at rest, prohibiting retention of inputs beyond the request lifecycle (other than Voice Samples and Voiceprints affirmatively saved by you), and prohibiting use of any inputs or outputs to train AI models. See our Privacy Policy for additional detail.

2.3 Service Availability and Performance

Access to certain Models is subject to their availability on the Akash Network. We strive to maintain high availability, but cannot, and expressly do not guarantee uninterrupted access to the Services.

2.4 Rate Limiting

We may impose rate limits or other limitations on the number of calls and/or requests that users may make to the Models underlying the Services.

3. Eligibility and User Accounts

3.1 Eligibility

In connection with your access and use of the Services, you represent and warrant that you are at least 18 years old or the minimum legal age deemed capable of forming a binding contract with Akash in your respective jurisdiction.

Voice Cloning and Image Features — 18+ Only. Notwithstanding any other provision of these Terms, voice cloning and voice library features are available only to users who are at least 18 years of age. You may not use voice cloning, the voice library, or our image generation features to create, store, or generate Voiceprints, audio, or imagery of any individual under the age of 18, including yourself if you are under 18, regardless of consent.

Without limiting the generality of the foregoing, any access to, or use of, the Services by anyone who is a Minor is strictly prohibited unless supervised by a Parent who has read these Terms, approves all rights granted, and agrees to be bound. Minors under 13 may not access the Services.

You further represent and warrant that you are not, and you are not acting on behalf of, a "Prohibited Person."

3.2 User Accounts

Your account on the Platform (your "User Account") gives you access to certain services and functionalities. To access the Services, you must create a User Account by providing your name, email address, a password, mailing address, and a valid Payment Method. You represent and warrant that all information you submit when you create your User Account is accurate, current, and complete.

3.3 Account Security

You may never use another user's User Account without such user's permission. You are solely responsible for the activity that occurs on your User Account. Given the heightened sensitivity of voice cloning and biometric data, we strongly recommend, and may require, that users with active Voiceprints in their voice library enable multi-factor authentication on their User Account.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Services for lawful purposes, including:

• Legitimate AI-assisted conversations and tasks;
• Educational and research purposes;
• Creative writing and content generation;
• Code assistance and technical discussions;
• Image generation, image editing, text-to-speech synthesis, voice cloning, and audio transcription, in each case for lawful purposes and subject to the additional restrictions set forth in this Section 4.

4.2 Prohibited Uses

Except to the extent a restriction is prohibited by applicable law, you may NOT use the Services, and will not assist, permit, or enable any third party to use the Services, for any of the following:

• Engaging in any illegal activities or content that violates applicable laws;
• Engaging in harassment, abuse, or harmful content of any kind directed at individuals or groups;
• Generating malicious code, malware, or security exploits;
• Attempting to probe, scan or test the vulnerability of the Services, breach security or authentication measures, or willfully render any part of the Services unusable;
• Spamming, automated abuse of the Services, or making API calls that exceed limits;
• Circumventing rate limits or any other security measures;
• Introducing any virus, worm, Trojan horse, malware, or other malicious code;
• Impersonating others or providing false information;
• Engaging in any activities that could harm Minors;
• Generating content that infringes on any third party's intellectual property rights; or
• Engaging in any activities that violate the Akash Terms.

4.3 Additional Prohibited Uses for Generative AI Features

In addition to the prohibitions in Section 4.2, you may NOT use the image generation, image editing, text-to-speech, voice cloning, voice library, or transcription features (collectively, the "Generative AI Features") to:

• Generate, store, or distribute child sexual abuse material ("CSAM"), including computer-generated CSAM. Any such content will be reported to the National Center for Missing & Exploited Children (NCMEC) and to law enforcement as required by 18 U.S.C. § 2258A and applicable law;
• Generate, store, or distribute non-consensual intimate imagery, including any image that depicts a real, identifiable person in a nude, sexual, or sexually suggestive manner without that person's consent;
• Generate any sexually explicit imagery, audio, or text depicting any real, identifiable person without that person's express written consent, regardless of the person's age (and never if that person is or appears to be under 18);
• Create deepfakes or synthetic media (whether image, audio, or video) depicting any real, identifiable person without their express written consent, including for purposes of fraud, harassment, defamation, intimidation, election interference, financial scams, or impersonation;
• Use voice cloning to impersonate any person (including any executive, public figure, family member, or other individual) for purposes of fraud, theft, social engineering, financial scams, identity theft, or any other deceptive practice;
• Generate synthetic media of any candidate for political office, government official, or other public figure for purposes of disseminating false information about that person, in violation of any applicable election, deceptive practices, or right-of-publicity law;
• Generate, store, or distribute content that violates the Federal TAKE IT DOWN Act of 2025, the NO FAKES Act (if and when enacted), the Tennessee ELVIS Act, California Civil Code §§ 3344 / 1708.86, or any analogous federal, state, or foreign law concerning rights of publicity, voice cloning, deepfakes, or synthetic media;
• Upload Voice Samples of, or generate Voiceprints from, any person other than yourself unless you have obtained that person's separate, express, written consent specifically authorizing your creation of a synthetic voice clone for use through the Services, and you can produce a copy of that consent on our request;
• Use the Services to generate content that infringes the publicity, privacy, copyright, trademark, or other rights of any third party, including unauthorized re-creations of copyrighted characters, voices of professional voice actors or performers, or branded intellectual property;
• Use the Services to defame any person or organization;
• Use transcription to capture, transcribe, or analyze conversations that you do not have the legal right to record under applicable wiretapping, eavesdropping, or two-party consent laws;
• Make any output of the Generative AI Features available in a manner that fails to disclose its synthetic nature, where such disclosure is required by applicable law (e.g., certain political advertising disclosure laws); or
• Remove, obscure, or alter any provenance metadata, watermark, or other identifier of synthetic origin that may be embedded in outputs of the Generative AI Features.

You acknowledge that the foregoing list is illustrative and not exhaustive. We may refine this list at any time consistent with Section 12 (Changes to Terms). We use a combination of automated systems and limited human review to enforce this Section 4.3 and may suspend, terminate, or restrict your access to the Services for suspected violations.

4.4 Voice Cloning — Representations, Warranties, and Consent

If you upload, save, or use a Voice Sample or Voiceprint through the Services, you represent and warrant to Akash, on a continuing basis, that:

• If the Voice Sample or Voiceprint is your own voice, you are at least 18 years of age and you consent to the creation, storage, and use of a Voiceprint as described in our Privacy Policy and Biometric Data Notice and Consent;
• If the Voice Sample or Voiceprint is the voice of any person other than you, you have obtained from that person, prior to upload, separate, express, written consent that: (i) identifies Akash and the Services by name; (ii) describes the specific purpose for which the voice will be used; (iii) authorizes the creation and storage of a Voiceprint; (iv) authorizes the synthesis of new audio in that person's voice using the Voiceprint; (v) specifies the duration of the authorization, including any expiration date or the period for which the consent remains effective; (vi) describes how that person may withdraw or revoke their consent, including the contact or mechanism for doing so and the effect of revocation; and (vii) is signed (including by electronic signature) and dated by that person;
• The duration of any third-party consent you obtain has not expired and the consent has not been withdrawn or revoked, and the synthesis of new audio using the corresponding Voiceprint remains within the scope and term authorized by that consent;
• You will retain a copy of any third-party consent described above for the longer of (a) the period during which the corresponding Voiceprint remains stored on the Services and (b) three (3) years thereafter, and you will produce such consent to Akash within five (5) business days of any reasonable request;
• The third party whose voice you have uploaded is at least 18 years of age and is not a Prohibited Person;
• Your collection of the Voice Sample, your provision of it to the Services, and the synthesis of audio using the Voiceprint do not and will not violate any applicable law (including any biometric privacy law, right of publicity law, copyright law, deceptive practices law, or recording-consent law) or infringe the rights of any third party;
• You will not use Voiceprints to generate content that is prohibited under Section 4.3; and
• You will provide clear disclosure of the synthetic nature of any audio generated using the Services where required by applicable law or by the consent you obtained.

Duration and Revocation of Consent. Any consent on which you rely to upload a Voice Sample or generate, store, or use a Voiceprint of another person remains valid only for the duration, and within the scope, expressly authorized by that person. You are solely responsible for tracking the term of each such consent. Upon the earlier of (a) the expiration of the authorized duration or (b) the withdrawal or revocation of consent by the person whose voice is involved, you must immediately cease all further synthesis or use of the corresponding Voiceprint and delete the corresponding Voice Sample and Voiceprint from your voice library and from any location within your control. You must notify Akash of any such expiration, withdrawal, or revocation, and confirm deletion, within five (5) business days. If you become aware that a person whose voice you have uploaded wishes to withdraw consent, or if such person contacts Akash directly to assert a withdrawal, Akash may suspend or delete the affected Voice Samples and Voiceprints, and you authorize and instruct us to do so. Akash's exercise of any right under this paragraph does not relieve you of your independent obligation to honor the expiration or revocation of consent.

You acknowledge that breach of this Section 4.4 is a material breach of these Terms, that Akash is relying on these representations in providing voice features to you, and that we may immediately suspend or terminate your access to voice features and delete your Voice Samples and Voiceprints upon any suspected breach. The indemnification obligations in Section 10 specifically extend to claims arising out of or relating to your breach of this Section 4.4, including any claim arising from your continued use of a Voiceprint after the expiration or revocation of the underlying consent.

4.5 Image Generation — Representations, Warranties, and Consent

If you upload an image of any person to the Services for image generation or editing purposes, you represent and warrant to Akash, on a continuing basis, that you have obtained from each identifiable person depicted (or, in the case of a minor, from a parent or legal guardian) the consent required by applicable law, including for the modification, transformation, or other use of that person's likeness as you intend. You will not upload images of any person under the age of 18 for any purpose related to image generation or editing.

4.6 Reporting Violations and Designated Agent

If you believe that any User Content, Output, or use of the Services violates these Terms or your rights, you may report it as follows:

• Acceptable Use Policy violations (CSAM, non-consensual intimate imagery, deepfakes, fraud, etc.): [email protected]
• Copyright infringement (DMCA notices): [email protected]. Our designated DMCA agent is Legal Department, Overclock Labs, Inc., registered with the U.S. Copyright Office under 17 U.S.C. § 512(c)(2). Notices should comply with 17 U.S.C. § 512(c)(3) and may be sent to: Overclock Labs, Inc., Attn: Legal Department / DMCA Agent, 14205 N Mo Pac Expy, Ste 570 PMB 92121, Austin, TX 78728.
• Right of publicity, voice cloning, or unauthorized likeness use: [email protected]
• Privacy and biometric data: [email protected]

We will respond to validly submitted reports promptly. Repeat infringers will have their accounts terminated as required by 17 U.S.C. § 512(i).

4.7 Content Moderation

We reserve the right, but do not undertake any obligation, to monitor, review, screen, restrict access to, refuse to process, hash, fingerprint, watermark, take down, delete, suspend, terminate, or disclose to law enforcement any User Content or Output that we determine, in our sole discretion, may violate these Terms, may violate applicable law, or may otherwise be objectionable or harmful. We may, but are not required to, deploy automated systems (including hash-matching, classifier-based detection, and provenance signals) to identify potential violations. We may also conduct limited human review under appropriate confidentiality and access controls. Users are responsible for all content they input into the Services, all content they generate via the Services, and all content they share. Our content moderation activities are not intended to render us a publisher of, or to make us responsible for, User Content or Output, and we expressly retain the protections available under 47 U.S.C. § 230 and analogous laws to the maximum extent applicable.

5. Intellectual Property Rights

5.1 User Content

The Services may allow Users to submit, post, display, provide, share, or otherwise make available on or via the Services content such as profile information, videos, images, music, comments, questions, and other content, data, and/or information (collectively, excluding Usage Data and Feedback, "User Content"). "User Content" includes, without limitation, prompts, source images, Voice Samples, audio inputs to transcription features, and any other materials you provide to the Generative AI Features.

WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT. AS BETWEEN YOU AND US, ALL USER CONTENT IS AND WILL REMAIN YOURS.

By using the Services, you hereby grant, and you represent and warrant that you have all rights necessary to grant, to Akash a non-exclusive, royalty-free, worldwide license to use, copy, reproduce, store, modify, transmit, and process your User Content (and any Output generated therefrom), and where applicable your name, voice, and likeness contained therein, solely as necessary to: (i) operate and provide the Services to you; (ii) enforce these Terms (including content moderation, abuse detection, and security); (iii) comply with applicable law; and (iv) to the limited extent of de-identified, aggregated analytics not used to train AI models. The license granted in this paragraph terminates with respect to a particular item of User Content or Output when you delete it from the Services or close your account, except that we may retain copies for the limited periods specified in our Privacy Policy for compliance, dispute resolution, and abuse investigation purposes. We will not use your User Content or Output to train, fine-tune, or improve any AI model, and we will not exercise any right to publish or publicly display your User Content or Output for promotional purposes without your separate, express consent.

In connection with your User Content, you affirm, represent, and warrant the following:

• you have the written consent of each and every identifiable natural person referred to or mentioned in the User Content, if any, to use such person's name, voice, and likeness in the manner contemplated by the Services and these Terms, and each such person has released you from any liability that may arise in relation to such use; without limiting the foregoing, the additional voice- and image-specific representations in Sections 4.4 and 4.5 apply;
• you have obtained, and are solely responsible for obtaining, all consents required by applicable law to provide User Content relating to third parties;
• your User Content and Output and our use thereof as contemplated by these Terms and the Services will not violate any applicable law or infringe any rights of any third party;
• your User Content does not include any information or material that a governmental body deems to be sensitive or classified information;
• we may exercise the rights to your User Content granted to us under these Terms without liability for payment of any guild or other fees, residuals, payments, or royalties;
• you will not upload or make available through the Services any personal information of children under 13;
• your User Content does not include nudity or other sexually suggestive content; hate speech, threats, or direct attacks on an individual or group; content that is abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy; or otherwise objectionable content; and
• to the best of your knowledge, all User Content and other information that you provide to us is truthful and accurate.

WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF SUBMITTING IT.

5.2 Output

Akash may grant you infrastructure on which you access, modify, or otherwise use third-party Models trained by third parties, and/or with third party data. Such Models may come with their own terms and conditions. It is your responsibility to comply with the terms and conditions of those Models. In case of any conflict between this Agreement and such terms, the applicable Model provider's terms govern.

Subject to your compliance with these Terms, you may use Outputs for any lawful purpose (except as described herein), on a royalty-free basis, provided that you acknowledge and agree: (i) that your use of the Services and any Output does not transfer to you ownership of any intellectual property rights in the Services and that (ii) we may, by notice to you at any time, limit your use of the Output or require you to cease using them (and delete any copies of them) if we form the view, in our sole and absolute discretion, that your use of the Output may infringe the rights of any third party. You shall not: (x) represent that Output was human-generated, except where the Output has been substantially edited or transformed by you and the synthetic origin is otherwise disclosed as required by law; or (y) violate any of the underlying Model provider's license and usage restrictions.

Provenance and Watermarking. Outputs of certain Generative AI Features may include embedded provenance metadata, watermarks, or other indicators of synthetic origin. You agree not to remove, obscure, alter, or interfere with such indicators. We make no warranty that any particular Output will include such indicators or that any indicator will persist through downstream processing.

Similarity of Outputs. You acknowledge that generative AI models may produce identical or substantially similar Outputs in response to similar inputs from different users. You will not have exclusive rights in any Output to the extent that the same or substantially similar Output may also be generated by, or for, another user.

6. Privacy and Data Protection

To understand how Akash collects, uses, and shares information about you, please review our Privacy Policy. If you use voice cloning or voice library features, please also review our Biometric Data Notice and Consent, available at akashml.com/biometric-notice.

7. Third Party Services, Applications, and Waiver

7.1 Third Party Services

The Services may include links to sites, technology, applications, products, services, materials, or resources, provided or made available by, third parties (collectively, "Third-Party Services"). Your access and use of any Third-Party Service is subject to the terms and policies of the applicable Third-Party Service provider.

7.2 Third Party Applications

If you grant express permission to a third party to access or connect to the Services, you acknowledge that granting permission to such third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms.

7.3 Waiver of Claims

To the maximum extent permitted by applicable law, you hereby waive any and all claims, demands, and damages of every kind or nature, known or unknown, against Akash and its affiliates arising out of or in any way related to any of the risks set forth herein. You also waive application of Section 1542 of the Civil Code of the State of California.

8. Payment and Billing

8.1 Service Pricing Model

Certain aspects of the Services may be provided for free, while certain other aspects may be provided for a fee or other charge. Except when required by law, all Fees you pay to us are non-refundable.

8.2 Chargebacks

We will facilitate Chargebacks for any successfully disputed fees paid in connection with the Services if directed by Stripe.

8.3 Subscriptions

You may elect to subscribe to automatically "top up" your balance of credits once they have been exhausted. Subscriptions are available on an automatically renewing subscription basis.

8.4 Promotions

Akash may make available special offers or conduct promotions for qualifying users.

9. Disclaimers and Limitations

9.1 AI Content and Output Disclaimers

ALL OUTPUTS ARE PROVIDED AS-IS WITHOUT ANY WARRANTIES OF ANY KIND. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VALIDATING ALL OUTPUTS. OUTPUTS MAY OR MAY NOT BE UNIQUE, AND OTHER USERS MAY RECEIVE SIMILAR OUTPUTS. USE OF THE SERVICES MAY RESULT IN INCORRECT OUTPUT THAT DOES NOT ACCURATELY REFLECT REALITY. YOU UNDERSTAND AND AGREE THAT THE OUTPUT MAY CONTAIN "HALLUCINATIONS" AND MAY BE INACCURATE, OBJECTIONABLE, INAPPROPRIATE, OR OTHERWISE UNSUITED TO YOUR PURPOSE.

Specific Disclaimers for Generative AI Features. Without limiting the foregoing: (i) generated images may include unintended likeness similarities to real persons; (ii) synthesized speech may not perfectly replicate the source voice and may produce unintended artifacts; (iii) transcription accuracy varies and is not guaranteed; (iv) you are solely responsible for ensuring that any use you make of Outputs complies with applicable law (including right-of-publicity, election, deceptive-practices, copyright, and biometric-privacy laws) and with all consents you have obtained.

9.2 Service Disclaimer

YOUR USE OF THE SERVICES AND ANY OUTPUT IS AT YOUR SOLE RISK. THE SERVICES, THE OUTPUTS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF AKASH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, WE EXPLICITLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

9.3 Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AKASH, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF AKASH, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO AKASH FOR THE APPLICABLE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE.

Carve-Outs. Notwithstanding the foregoing, the limitations in this Section 9.3 do not apply to: (i) your indemnification obligations in Section 10; (ii) your breach of Sections 4.3, 4.4, or 4.5 (Generative AI prohibited uses and representations); (iii) your infringement or misappropriation of our intellectual property; or (iv) any liability that cannot be excluded or limited under applicable law (such as liability for fraud, gross negligence, willful misconduct, or, in some jurisdictions, death or personal injury).

10. Indemnification

You agree to defend, indemnify, and hold harmless Akash, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• your violation of these Terms;
• your use of Services, including, but not limited to, your interactions with the Platform, third-party Models, or other services or features accessible on or through the Services;
• use of or reliance on the Platform's content, the Services, the Outputs, and/or services or products other than as expressly authorized in these Terms;
• your use or reliance on of any information obtained from the Services or any Outputs;
• any violation of any third party's intellectual property rights;
• any third party's access or use of the Services with or without your assistance;
• any breach of your representations and warranties in Sections 4.4 (voice cloning) or 4.5 (image generation), including any claim brought by a third party whose voice, likeness, or other identifying characteristic was used by you in connection with the Services without that third party's consent, or after the expiration or revocation of that consent;
• any claim, suit, action, investigation, or proceeding by any individual depicted in or asserting rights in any Voice Sample, Voiceprint, image, or Output you upload, store, generate, or distribute through the Services, including any claim under any biometric privacy law (e.g., BIPA), right-of-publicity law, deepfake or synthetic-media law, deceptive-practices law, defamation law, or copyright law;
• any claim by a third party that your use of the Services to record, transcribe, or analyze a conversation violated any wiretapping, eavesdropping, or recording-consent law; and
• any regulatory enforcement action, civil penalty, or government investigation arising from your use of the Services in violation of these Terms.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with our defense of such claim. You will not settle any claim subject to indemnification under this Section 10 without our prior written consent.

11. Termination

11.1 De-Activation by You

You may de-activate your User Account and discontinue your use of the Service at any time. You may also delete your User Account and all associated data at any time. Deletion of your User Account will trigger deletion of any Voice Samples and Voiceprints in your voice library in accordance with the schedule set forth in our Privacy Policy.

11.2 Termination by Us

We may, with or without prior notice, change the Service, stop providing the Services or features of the Services, or create usage limits. We may permanently terminate or temporarily suspend your access to your User Account and/or the Services without liability, with or without cause, and for any or no reason, including if, in our sole determination, you violate any provision of these Terms. Without limiting the foregoing, we may immediately suspend or terminate access to voice cloning, voice library, image generation, or other Generative AI Features upon any suspected violation of Sections 4.3, 4.4, or 4.5, and may delete any Voice Samples, Voiceprints, or Outputs that we suspect were obtained, stored, or generated in violation of these Terms.

11.3 Effect of Termination

Upon your de-activation of your User Account or our termination of your access to the Services, you will no longer be able to access your User Account or the Services. Sections that by their nature should survive termination shall survive, including Sections 4.3 – 4.6 (to the extent of pre-termination conduct), 5 (User Content and Output, including the limited operational license), 9 (Disclaimers and Limitations), 10 (Indemnification), 13 (Dispute Resolution), and 14 (General Provisions).

12. Changes to Terms

Akash reserves the right to amend the Akash Terms and these Terms that govern the Services from time to time and in our sole discretion. When we make a material change — for example, the introduction of a new category of biometric processing or a material expansion of permitted uses of User Content — we will provide notice to registered users at least thirty (30) days before the change takes effect, and we will obtain renewed affirmative consent before processing any data under the changed terms.

13. Dispute Resolution

Please read this section carefully because it waives any right to participate in any class action or other representative action or proceeding.

13.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

13.2 Waiver of Class Actions and Right to Jury Trial

Any claim, controversy, or dispute arising out of or related to this Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any putative class, collective action, or representative proceeding.

13.3 Informal Resolution

Before filing a claim against Akash, you agree to try to resolve the Dispute by first emailing [email protected] with a description of your claim.

13.4 Arbitration Agreement

With only limited exceptions, all Disputes between you and Akash must be resolved by final and binding arbitration. By agreeing to binding arbitration, you and Akash expressly waive the right to formal court proceedings including without limitation trial by jury and class action.

13.5 Conducting Arbitration

The arbitration shall be administered in New York, New York by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.

13.6 Confidentiality

Akash, the arbitrator, and you, will each maintain the confidentiality of any arbitration proceedings, judgments, and awards.

13.7 Arbitration Time for Filing

Any arbitration must be commenced by filing a demand for arbitration within 6 months after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim, or within the shortest period permitted by applicable law if such law prohibits a six-month limitation period, but in no event longer than the applicable statutory limitations period.

13.8 Excepted Claims

You and Akash may bring an individual small claims action in the small claims court in your or Akash's respective county of residence, or seek only a temporary restraining order or injunction for alleged breach of confidentiality obligations or alleged infringement or misappropriation of intellectual property.

13.9 Severability

If any portion of this Section 13 is found to be unenforceable, the unenforceable provision shall be severed.

13.10 Modification

If Akash makes any future material change to this Section 13, Akash will notify you in accordance with Section 12.

14. General Provisions

14.1 Entire Agreement

These Terms, the Akash Terms, the Privacy Policy, the Biometric Data Notice and Consent (if applicable), and every other term or provision applicable to you constitute the entire agreement and understanding between you and Akash.

14.2 Severability

If any provision of this Agreement shall be determined to be invalid or unenforceable, such provision shall be interpreted to accomplish the objectives of the provision to the greatest extent possible.

14.3 No Waiver

Akash's failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

14.4 Assignment

Any attempt that you make to assign, novate, or transfer your rights, interests, liabilities, and/or obligations is null and void, unless you have received Akash's prior written consent. Akash reserves the right to assign our rights without restriction, including to any of Akash's affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their successors and permitted assigns.

14.5 Termination & Survival

All sections of this Agreement that by their nature should survive termination shall survive termination.

14.6 Force Majeure

Akash shall not be held liable for delays, failure in performance, or interruption of Services that result directly or indirectly from any cause or condition beyond our reasonable control.

14.7 Notice

Any notices or other communications provided by us under these Terms will be posted online, in the Services, or through other electronic communication.

14.8 Third Party Beneficiaries

Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties and their successors and permitted assigns, any of the rights hereunder. Notwithstanding the foregoing, individuals whose voices or images are used in violation of Sections 4.4 or 4.5 are intended third-party beneficiaries of those sections solely for purposes of enforcement against the user who uploaded such voice or image.

14.9 Translation

These Terms are set forth in the English language. In the event of translation, the English language text shall prevail.

15. Contact Information

For questions about these Terms or to report violations:

• General: [email protected]
• Legal: [email protected]
• Trust & Safety / AUP violations: [email protected]
• DMCA / Copyright: [email protected]
• Privacy / Data Protection: [email protected]
• Biometric Data: [email protected]