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, 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.

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 (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 accesss to AI models run on Akash Network's decentralized cloud infrastructure, and certain application programming interfaces ("API(s)"), API access tokens, HTML scripts, data import tools, or other software as applicable (collectively, "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;
Voice transcription capabilities;
Image generation through AkashGen;
File upload and processing for context; and
Private chat modes with memory-only storage.

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. For more information about Akash Network's decentralized nature, please visit: https://akash.network/docs/ and see the Akash Terms.

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. Scheduled and emergency maintenance may temporarily interrupt your ability to access the Services. Additionally, our decentralized infrastructure may experience varying performance across node operators and providers.

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. We may modify such rate limits from time to time to ensure fair usage and stability of 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. If you are accessing or using the Services on behalf of a legal entity or other type of organization, you represent and warrant that you are authorized to agree to these Terms on behalf of that entity or organization and represent to Akash that you have the power and authority to bind your legal entity or organization to these Terms.

Without limiting the generality of the foregoing, any access to, or use of, the Services by anyone who is a minor (which is under the age of 18 in most jurisdictions) in any applicable jurisdiction (a "Minor") is strictly prohibited and in violation of these Terms, unless such access and/or use is supervised by a parent or legal guardian ("Parent") who: (a) has read and understands these Terms; (b) approves all rights granted, and all obligations undertaken, by the Minor hereunder; and (c) agrees to be bound by these Terms. If you are a Parent of a User who is a Minor, then, by allowing such Minor to access and/or use the Services, you are subject to these Terms and responsible for such Minor's activity on the Services. With respect to the Parent of a User who is a Minor, "you," as used in these Terms in the context of a license grant, assignment, restriction, obligation, acknowledgment, representation, warranty, or covenant, or in any similar context, means "the Parent, on behalf of the Parent and the Minor," and "your" has the corresponding meaning. The Services are not available to any users we previously removed from the Services. Notwithstanding the foregoing, Minors under 13 years old 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," which means a: (i) Sanctioned Person; or (ii) person that is a resident of or headquartered in a Sanctioned Jurisdiction or a Prohibited Jurisdiction (each defined below).

3.2 User Accounts

Your account on the Platform (your "User Account") gives you access to certain services and functionalities that we may, in our sole discretion, establish and maintain as part of the Services from time to time. We may maintain different types of User Accounts for different types of Users.

To access the Services, you must create a User Account by providing your name, email address, a password, mailing address, at least one current, valid payment card that is accepted by any third-party payment processor, currently Stripe, which we engage to process payments users make in connection with the Services (a "Payment Processor") and by us (each such card, a "Payment Method"), and any other information required by the Payment Processor. By providing a Payment Method, you authorize each of Akash and Payment Processor to charge that Payment Method the applicable fees and taxes as applicable (each defined below). For more information on payments and billing, please see the section below entitled "Payment and Billing." You represent and warrant that all information you submit when you create your User Account is accurate, current, and complete, and that you will keep your User Account information accurate, current, and complete. You are solely responsible for any and all activity that occurs on your User Account, whether authorized by you or not, and you are solely responsible for keeping your User Account information and any access credentials to your User Account secure. You are responsible for keeping your User Account information up to date, including the information that allows you to receive any notices or alerts that we may send you. In case of a dispute about User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment and/or our independent investigation. However, if we cannot make such a determination, we reserve the right to avoid doing so and/or suspend a user's User Account until the parties disputing such ownership, reach a resolution.

An individual may access and/or use the Services on behalf of a company or other entity, such as that individual's employer (such entity, an "Organization"). In such cases, notwithstanding anything to the contrary herein: (a) these Terms are an agreement between: (i) us and such individual; and (ii) us and that Organization; (b) "you," as used in these Terms in the context of a license grant, assignment, restriction, obligation, acknowledgment, representation, warranty, or covenant, or in any similar context, means: (i) such individual; and (ii) the Organization, on behalf of the Organization and its subsidiaries and affiliates, and its and their respective directors, officers, employees, contractors, agents, and other representatives who access and/or use the Service (collectively, "Org Users"); and "your" has the corresponding meanings; (c) such individual represents and warrants to having the authority to bind that Organization to these Terms (and, in the absence of such authority, such individual may not access, nor use, the Service); (d) such individual's acceptance of these Terms will bind that Organization to these Terms; (e) we may disclose information regarding such individual and such individual's access to and use of the Services to that Organization; (f) such individual's right to access and use the Services may be suspended or terminated (and the administration of the applicable User Account may be transferred) if such individual ceases to be associated with, or ceases to use an email address associated with or provisioned by, that Organization; (g) that Organization will make all Org Users aware of these Terms' provisions, as applicable to such Org Users, and will cause each Org User to comply with such provisions; and (h) that Organization will be solely responsible and liable for all acts and omissions of the Org Users, and any act or omission by any Org User that would constitute a breach of these Terms had it been taken by that Organization will be deemed a breach of these Terms by that Organization. Without limiting the generality of the foregoing, if an individual opens a User Account using an email address associated with or provisioned by an Organization, or if an Organization pays fees due in connection with such individual's access to or use of the Service (or reimburses such individual for payment of such fees), then we may, in our sole discretion, deem such individual to be accessing and using the Service on behalf of that Organization.

3.3 Account Security

You may never use another user's User Account without such user's permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, you will keep your User Account password(s) and/or any other authentication credentials (e.g., signing in with a Google account) secure, and you will not share your password(s) and/or any other authentication credentials with anyone else. We encourage you to use "strong" passwords (passwords that use a combination of uppercase and lowercase letters, numbers, and symbols) to protect your User Account. We will not be liable for, and expressly disclaim liability for, any losses caused by any unauthorized use of your User Account and/or any changes to your User Account, including, without limitation, changes made by any Org User with administrator-level access to your User Account. You will notify us immediately of any breach of security or unauthorized use of your 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; and
Image generation for lawful purposes.

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;
Attempt to probe, scan or test the vulnerability of the Services, breach the security or authentication measures of the Services without proper authorization or willfully render any part of the Services unusable;
Engaging in spamming, automated abuse of the Services, or otherwise making calls through the API that exceed limits on the number and frequency of such calls or otherwise taking any action that imposes an unreasonable or disproportionately heavy load on the API or the Services or that negatively affects the ability of others to access or use the API or Services;
Circumventing or attempting to circumvent rate limits or any other security measures;
Introducing any virus, worm, Trojan horse, malware, or other malicious code through the API or to the Services;
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 Content Moderation

We reserve the right to review content for compliance with these Terms. We may suspend or terminate User Accounts that violate the Akash Terms. Users are responsible for all content they input into the Services, all content they generate via the Services, and all content they share.

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 (as each of those terms is defined below), "User Content"). If you are an Org User, then we may, in our sole discretion, assume that all of your User Content belongs to the applicable Organization. WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT. As between you and us, all User Content that is submitted, posted, displayed, provided, shared, or otherwise made available on or via the Service by you is and will remain yours. By using the Services, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to Akash a fully paid, royalty-free, transferable, perpetual, irrevocable, non-exclusive, and worldwide license, with the right to grant and authorize sublicenses, to use, copy, reproduce, store, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Output (as defined below) and your name, voice, and likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Services and Akash's (and its subsidiaries' and affiliates') business, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels, and to perform such other actions as described in our Privacy Policy or as authorized by you in connection with your use of the Services.

In connection with your User Content, you affirm, represent, and warrant the following: (a) 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; (b) you have obtained, and are solely responsible for obtaining, all consents required by applicable law to provide User Content relating to third parties; (c) your User Content and Output (as defined below) 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, including, but not limited to, any intellectual property rights and privacy rights; (d) your User Content does not include any information or material that a governmental body deems to be sensitive or classified information, and your provision of User Content in connection with the Services is not violative of any confidentiality rights of any third party; (e) 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 payable under any collective bargaining agreement or otherwise; (f) you will not upload or make available through the Services, either directly or by other means: any personal information of children under 13 or the applicable age of digital consent; (g) 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; sexist or racially, ethnically, or otherwise discriminatory content; content that contains self-harm or excessive violence; fake or impostor profiles; illegal content or content in furtherance of harmful or illegal activities; malicious programs or code; any person's personal information without such person's consent; spam, machine-generated content, or unsolicited messages; and/or otherwise objectionable content; and (h) 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, POSTING, DISPLAYING, PROVIDING, SHARING, OR OTHERWISE MAKING IT AVAILABLE ON OR THROUGH THE SERVICES, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE ACTING ONLY AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION AND PUBLICATION OF YOUR USER CONTENT.

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 your output generated from the third-party Models made available through the Services ("Output") 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; or (y) violate any of the underlying Model provider's license and usage restrictions.

6. Privacy and Data Protection

To understand how Akash collects, uses, and shares information about you, please review our Privacy Policy.

7. Third Party Services, Applications, and Waiver

7.1 Third Party Services

The Services may include, without limitation, links to sites, technology, applications, products, services, materials, or resources, provided or made available by, third a third party, including for example, Stripe, other third-party Models, and other service providers (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, including without limitation, Stripe's Connected Account Agreement, available at https://stripe.com/legal/connect-account, the Stripe Terms of Service, available at https://stripe.com/legal/ssa, and the Stripe Shop Terms of Use, available at: https://stripe.com/legal/stripe-shop.

We do not control or operate any Third-Party Services. You acknowledge and agree that you are solely responsible for any and all costs and charges associated with your use of any Third-Party Service. Our integration or inclusion of any Third-Party Service does not imply endorsement or recommendation. You acknowledge and agree that we are not responsible for the availability, reliability, accuracy, or legitimacy of any Third-Party Service (including any related websites, resources or links displayed therein). Any dispute you have with a Third-Party Service including, without limitation, your intellectual property rights, is between you and the provider of that Third Party Service. Akash will not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your use of, or reliance on, any Third-Party Service.

7.2 Third Party Applications

If, to the extent permitted by Akash, you grant express permission to a third party to access or connect to the Services, either through a Third-Party Service or the Platform, 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. You are fully responsible for any act or omission of any such third party. You acknowledge and agree that you will not hold Akash responsible for, and will indemnify Akash from, any liability arising out of or related to any act or omission of any third party with access to your User Account, application, software, or other mechanism that you use to interact with the Services.

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, suspected or unsuspected, disclosed or undisclosed, against Akash and its affiliates, and each of their respective officers, employees, agents, and successors 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, or any similar stature or law of any other jurisdiction. Section 1542 reads as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

8. Payment and Billing

8.1 Service Pricing Model

Certain aspects of the Services may be provided for free, while certain other aspects of the Services and/or products available on the Services may be provided for a fee or other charge ("Fee"). We may, in our sole discretion and at any time, set or modify the Fees. If we decide to set or modify Fees for the Services, the Fee schedule will be made available on the Platform. Except when required by law, all Fees you pay to us are non-refundable.

You may purchase access to the Services with a valid Payment Method through Payment Processor's payment portal available on the Platform. You are responsible for keeping all information for your Payment Method updated and accurate through your use of the Services.

When you purchase access to the Services with a Payment Card, you authorize each of Akash and Payment Processor to charge that Payment Method the applicable Fees and taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, and withholding taxes, assessable by any jurisdiction (collectively, but, for clarity, excluding taxes based on our net income, "Taxes"). Upon completion of your purchase, we will provide you with credits that can only be used on the Services. Credits correspond to tokens that allow you to interact with the Models available through the Services.

We or Payment Processor will attempt to verify your Payment Method(s), and may do so by processing an authorization hold, which is standard practice. To the extent Payment Processor processes payments made by you, you will be subject to terms and conditions governing the use of Payment Processor's service. Please review such terms and conditions as well as Payment Processor's privacy notice (each of which is available on Payment Processor's website). You acknowledge and understand that Payment Processor may collect and retain third-party Fees whenever you pay Fees. Payment must be received by Payment Processor before our acceptance of an order. We do not view or store your full credit card or other Payment Method information. For all payments, Payment Processor will collect your Payment Method details and charge your chosen Payment Method in connection with an order. If any of your account, order, or Payment Method information changes, you will promptly update such information, so that we or Payment Processor may complete your transaction(s) and/or contact you, as needed.

You represent and warrant that: (i) the account, order, and Payment Method information you supply to us and/or to Payment Processor, as applicable, is true, accurate, correct, and complete; (ii) you are duly authorized to use the Payment Method(s); (iii) you will pay any and all charges incurred by users of your Payment Method in connection with the Services, including any applicable Fees (at the prices in effect when such charges are incurred) and Taxes; (iv) charges incurred by you will be honored by your Payment Method company; (v) you will not allow or enable anyone else to use your User Account (including, without limitation, by sharing your password(s) or any other authentication credentials with anyone else, or by attempting to transfer your Subscription to anyone else); and (vi) you will report to us any unauthorized or prohibited access to or use of your User Account and/or password(s) or other authentication credentials.

WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR: (I) ANY SECURITY OR PRIVACY BREACHES RELATED TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD, (II) ANY FEES THAT MAY BE CHARGED TO YOU BY YOUR BANK IN CONNECTION WITH THE COLLECTION OF FEES, AND/OR (III) ANY UNAUTHORIZED USE OF YOUR CREDIT CARD, DEBIT CARD, OR OTHER PAYMENT METHOD BY A THIRD PARTY.

8.2 Chargebacks

Notwithstanding the foregoing, we will facilitate "Chargebacks" for any successfully disputed fees paid in connection the Services if directed by Stripe. A "Chargeback" occurs when a credit card payment is reversed by your card issuer or payment provider, typically due to a dispute, fraud claim, or unauthorized transaction. Chargebacks are subject to Stripe's terms and conditions found here: https://support.stripe.com/topics/disputes.

8.3 Subscriptions

You may elect to subscribe to automatically "top up" your balance of credits once they have been exhausted (a "Subscription"). Subscriptions are available on an automatically renewing subscription basis and entail payment of a recurring subscription Fee (a "Subscription Fee"). YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM IDENTIFIED IN YOUR SUBSCRIPTION ORDER OR ON THE PLATFORM FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THAT INITIAL SUBSCRIPTION TERM (EACH SUCH PERIOD, A "SUBSCRIPTION TERM") UNLESS AND UNTIL YOU CANCEL THE APPLICABLE SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN HEREIN. When you enroll in a Subscription, you expressly acknowledge and agree that: (i) each of Akash and Payment Processor is authorized to charge you, at the beginning of each Subscription Term, the Subscription Fee for the applicable Subscription, any applicable Taxes, and any other charges you may incur in connection with such Subscription, subject to adjustment in accordance with these Terms; and (ii) your Subscription is continuous until the earlier of: (A) your cancellation of such Subscription (including any notice period specified herein) and (B) the suspension, discontinuation, or termination of your access to such Subscription or to the Service in accordance with these Terms. You understand and acknowledge that the amounts billed may vary due to Promotional Offers (as defined below), changes to the Subscription Fee, and/or changes in applicable Taxes, and you authorize each of Akash and Payment Processor to charge your Payment Method the changed amounts.

To cancel any Subscription, you must notify us at least three (3) days before the start of the next Subscription Term by using the appropriate functionalities of the Service or by contacting us at [email protected]. You will continue to have access to the Subscription through the end of the then-current Subscription Term. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR INTENT TO CANCEL, YOUR SUBSCRIPTION AND THE CORRESPONDING SUBSCRIPTION FEE WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE EACH OF AKASH AND PAYMENT PROCESSOR (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEE AND ANY APPLICABLE TAXES, USING ANY OF YOUR PAYMENT METHODS.

You may de-activate your User Account or any Subscription at any time, in your sole discretion, and we may, subject to these Terms, suspend or terminate your Subscription, your User Account, or the Services at any time, in our sole discretion. HOWEVER, YOU UNDERSTAND AND ACKNOWLEDGE THAT, UNLESS REQUIRED BY APPLICABLE LAW, YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND OR CREDIT FOR ANY SUCH CANCELLATION, SUSPENSION, OR TERMINATION, NOR FOR ANY UNUSED TIME ON YOUR SUBSCRIPTION, ANY PRE-PAYMENTS MADE IN CONNECTION WITH YOUR SUBSCRIPTION, ANY USAGE OR SUBSCRIPTION FEES FOR ANY PORTION OF THE SERVICE, ANY CONTENT OR DATA ASSOCIATED WITH YOUR USER ACCOUNT, OR ANYTHING ELSE, AND THAT ANY SUCH REFUNDS OR CREDITS MAY BE GRANTED AT OUR SOLE OPTION AND IN OUR SOLE DISCRETION. If you believe you have been improperly charged and would like to request a refund, please contact us at [email protected].

8.4 Promotions

Akash may make available special offers or conduct promotions for qualifying users ("Promotional Offers"). Subject to applicable laws, Akash may establish qualifying criteria to participate in any special promotions at its sole discretion. Any benefits associated with any promotions are limited to one per user. Akash may revoke any Promotional Offer at any time and for any reason without advance notice to you. Akash is under no obligation to make available Promotional Offer to any users. Akash makes no recommendation and does not provide any advice about the value or utility of any Promotional Offer.

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, AND YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY ALLEGES TO INCUR AS A RESULT OF OR RELATING TO ANY OUTPUT OR OTHER CONTENT GENERATED BY OR ACCESSED ON OR THROUGH THE SERVICES.

9.2 Service Disclaimer

Akash has no oversight on or control over any particular third-party Model made available through the Services. You are solely responsible for your use of the Services, the functionalities that you enable, activities you engage in through the Services, and access or use of the information derived therefrom. You are solely responsible for complying with all applicable laws related to any activities that directly or indirectly incorporate our provision of the Services.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AKASH, ITS AFFILIATES, SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, THE PLATFORM, OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF AKASH THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY WEBSITE LINKED TO IT.

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, IN NO EVENT WILL AKASH, ITS AFFILIATES, SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR, AND EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED THE SERVICES, OUTPUTS, OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF AKASH WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER AKASH, ITS AFFILIATES, SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, THE OUTPUTS, AND/OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF AKASH.

AKASH, ITS AFFILIATES, SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT: (A) ACCESS TO THE SERVICES, THE PLATFORM, OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF AKASH WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (B) THE INFORMATION CONTAINED OR PRESENTED ON THE SERVICES OR THE OUTPUTS IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (C) THE SERVICES, THE OUTPUTS, OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF AKASH OR ANY SOFTWARE CONTAINED THEREIN WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (D) THE SERVICES, THE OUTPUTS, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF AKASH WILL MEET ANY USER'S EXPECTATIONS.

NO INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR PRIVATE COMMUNICATION, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE SERVICES, THE OUTPUTS, OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF AKASH. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE SERVICES, THE AKASH MATERIALS, THE PROTOCOL, OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF AKASH. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN PARTICULAR, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE NATURE OF AKASH'S DECENTRALIZED INFRASTRUCTURE IS SUCH THAT AKASH CANNOT GUARANTEE CONSISTENT UPTIME OF THE AKASH NETWORK.

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, OR INABILITY TO USE THE SERVICES, THE OUTPUTS, OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF AKASH, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), WHETHER OR NOT A USER, OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE SERVICES, THE PLATFORM, THE OUTPUTS, OR ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF AKASH.

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, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $ OR THE AMOUNT YOU HAVE PAID DIRECTLY TO AKASH FOR THE APPLICABLE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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: (a) your violation of these Terms; (b) 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; (c) 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; (d) your use or reliance on of any information obtained from the Services or any Outputs; (e) any violation of any third party's intellectual property rights; and/or (f) any third party's access or use of the Services with or without your assistance, using any device, account, profile, or other mechanism that you own or control.

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. Notwithstanding the foregoing, de-activation of your User Account does not relieve you of any obligations incurred before such de-activation.

11.2 Termination by Us

We may, with or without prior notice, change the Service, stop providing the Services or features of the Services to you or to users generally, or create usage limits for the Service. We may, with or without prior notice, 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. Upon such termination for any reason or no reason, you continue to be bound by 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. Any active Subscriptions will be handled in accordance with these Terms. Our retention of any data related to your User Account will be in accordance with our Privacy Policy.

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. Any changes will be effective immediately upon posting of the revisions, and you waive any right you may have to receive specific notices of such changes or modifications. When we change these Terms in a material manner, we will update the "Last Updated" date at the top of this page and notify you that material changes have been made to these Terms. These Terms apply to and govern your access to and use of the Services effective as of the start of your access to the Services, even if such access began before publication of these Terms. Your continued use of the Services after any change to these Terms constitutes your acceptance of the new Terms. If you do not agree to any part of these Terms or to any future versions of these Terms, you may not access or use (or continue to access or use) the Services.

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. This section requires you to arbitrate certain disputes and limits the ways in which you can seek relief, including by precluding you from suing in court or having a jury trial.

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

To the extent permissible by law, any claim, controversy, or dispute arising out of or related to this Agreement, or any products or services provided in connection with the Services (each a "Dispute") must be brought in your individual capacity, and not as a plaintiff or class member in any putative class, collective action, or representative proceeding (collectively, a "Class Action Waiver"). The arbitrator may not consolidate more than one person's claims or engage in any arbitration on behalf of a class. You agree that, by entering into this agreement, you are waiving the right to a trial by jury and the right to participate in a class action.

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 and proof of your relationship with Akash. If we can't resolve the Dispute within 60 days of our receipt of your first email, you or Akash may then submit the Dispute to binding arbitration as provided herein.

13.4 Arbitration Agreement

With only limited exceptions as described in 13.8 below, 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. This Agreement affects interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act 9 U.S.C. § 1, et. Seq. ("FAA").

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, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. A single arbitrator shall preside, and proceedings shall be conducted remotely to the maximum extent possible. The parties shall seek to agree upon the arbitrator within fourteen (14) days of the request for arbitration, and if no such agreement is reached, the AAA shall appoint the arbitrator within seven (7) days thereafter, or as soon as is practicable and in accordance with AAA's usual procedures concerning the appointment of arbitrators. If available, an arbitrator with experience in the field of software enterprise will be selected. Each party shall pay its own expenses in such arbitration, including its attorneys' fees, subject to reapportionment by the arbitrator in a final award. Initial filing fees shall be paid by the party that initiates the arbitration. The language of the arbitration shall be English. If any proceeding is brought for the enforcement of this Agreement, then the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in such proceeding in addition to any other relief to which it may be entitled. The parties each expressly waive their right to a trial by jury. Any interim or provisional relief that would be available from a court of law shall be available in accordance with the rules of AAA, however, nothing in this Agreement shall preclude the parties from obtaining preliminary injunctive relief in a court of competent jurisdiction located in New York, New York if necessary to prevent irreparable harm pending the conclusion of any arbitration. The award of the arbitrators shall be accompanied by a reasoned opinion. The final arbitration award may be confirmed in a state or federal court located in New York, New York and the parties agree to waive any claim of improper venue or forum non conveniens. The parties expressly agree that any arbitration demand, service of process, notice of motion or other legal documents in connection with any arbitration or enforcement proceedings may be served either by first class mail, postage prepaid, or by overnight courier service (e.g., FedEx or DHL), addressed to a party at its address for notice, and that such mailing shall be deemed good and sufficient service. The parties expressly agree that, with the exception of an arbitration demand or service of process, they shall accept motions or other legal documents in connection with any arbitration or enforcement proceedings by e-mail to their address indicated for notice, or to their legal counsel, if represented by counsel. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

13.6 Confidentiality

Akash, the arbitrator, and you, will each maintain the confidentiality of any arbitration proceedings, judgments, and awards including information shared and produced during the arbitration.

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. If applicable law prohibits a 6 - month limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. If a claim is not filed within such period, the Dispute is permanently barred.

13.8 Excepted Claims

Notwithstanding this Section 13 , you and Akash may bring an individual small claims action in the small claims court in your or Akash's respective county of residence as provided under the AAA Rules, or seek only a temporary restraining order or injunction for alleged breach of confidentiality obligations or alleged infringement or misappropriation of intellectual property in any court having jurisdiction provided that, in each case, the action is brought as an individual action and not on a class or representative basis.

13.9 Severability

If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these Terms and such severance of the provision(s) shall have no impact whatsoever on the remainder of this Section 13. Further, to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Lastly, if any provision in this Section 13 is found to prohibit an individual claim seeking public injunctive relief, such provision shall have no effect to the extent relief is allowed to be sought outside of arbitration. The remainder of this Section 13 shall remain in full force and effect.

13.10 Modification

Notwithstanding any term or provision in this Agreement to the contrary, you and Akash agree that if Akash makes any future material change to this Section 13 , Akash will notify you in accordance with Section 12. Your continued use of the Services including the acceptance of products and services offered on the Platform following the posting of changes to this Section 13 constitutes your acceptance of any such changes.

14. General Provisions

14.1 Entire Agreement

These Terms, the Akash Terms, and every other term or provision applicable to you, including any document incorporated by reference herein, constitute the entire agreement and understanding between you and Akash as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including any prior versions of these Terms). Unless otherwise specifically stated, these Terms govern and control any conflict between these Terms and any other agreement you may have with Akash.

14.2 Severability

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation, or any governmental agency whether local, state, or federal, such provision shall be interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law, and the validity or enforceability of any other provision of the Terms shall not be affected.

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

These Terms, and any other document, material, or information referenced herein is particular to you and 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 without limitation 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

We reserve the right to change, suspend or discontinue, or terminate, restrict, or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. All sections of this Agreement that by their nature should survive termination shall survive termination.

14.6 Force Majeure

You acknowledge and consent that the Services are provided by us according to our current technological capability and other business conditions. While we have made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge against all legal, technological, and other risks.

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. Such instances include: (a) acts of God such as earth earthquakes, fires, cyclones, explosions, typhoons, monsoons, landslides, lightning, storms, tempests, pandemics, droughts or meteors; (b) acts of war, whether declared or undeclared, including invasion, act of a foreign enemy, hostilities between nations, civil insurrection, or militarily usurped power; and acts of terrorism; (c) civil disorder, such as acts of a public enemy, malicious damage, terrorism, sabotage, or civil unrest; (d) embargoes or sanctions (such as confiscation, nationalization, requisition, expropriation, prohibition, restraint or damage to property by or under the order of any government or governmental authority; (e) unnatural disasters, such as ionizing radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; (f) labor disputes, including strikes, blockades, lock-outs, or other industrial disputes; (g) failure of telecommunication outlets, including the internet, communications networks and facilities, or other infrastructure, systems, operations or of equipment relevant to the provision or use of the Services; (h) data breaches or data-processing failure or incomplete processing; and/or (i) changes in laws or regulations that may materially affect the AI and/or blockchain industries (collectively, "Force Majeure Events").

14.7 Notice

Any notices or other communications provided by us under these Terms including those regarding modifications to these Terms will be posted online, in the Services, or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your use of the Services.

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.

14.9 Translation

These Terms are set forth in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience, or otherwise) into any other language, the English language text of these Terms shall prevail.

15. Contact Information

For questions about these Terms of Use or to report violations, please contact us at [email protected]

AkashML – Terms of Service