Last Updated: February 18th, 2026
These Akash Homenode 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 https://homenode.akash.network/ (the “Website”) and the application interface located at https://homenode.akash.network/ and all related components (the “Platform,” or “Akash Homenode”), 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.
By accessing or using the Services, you agree that you have read, understood and agree to be bound by these Terms of Service (these “Terms”), the Akash Homenode Privacy Policy available at: https://homenode.akash.network/privacy-policy, the Akash Network Terms of Service available at: https://console.akash.network/terms-of-service, and the Akash Network privacy policy available at: https://console.akash.network/privacy-policy (collectively, the “Akash Terms”). If you do not agree to these Terms and the Akash Terms, you may not use the Services.
Akash has created a decentralized blockchain network that facilitates a marketplace in which compute providers may lease cost-effective cloud computing resources to end users (the “Akash Network”). Akash Homenode allows users to make their RTX 4090 or RTX 5090 graphics processing units (“GPU(s)”) available to users on the Akash Network via a regional Akash Cluster. The Akash Network provides a decentralized artificial intelligence (“AI”) software service and platform for inference, fine-tuning, and/or training of AI models and workloads (collectively, “Models”). Qualified providers who make available their computing power from certain whitelisted hardware can earn fees from Akash Network’s users.
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 application programming interfaces (“API(s)”) and ISO files required to operate the Services. You are entirely responsible for provisioning and managing your use of the Services in compliance with the Akash Terms.
The Service utilizes Akash Network’s decentralized, blockchain-based 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.
End users’ access to the Services is subject to the availability of third-party GPUs 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.
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 person who is: (i) a citizen of or otherwise accessing the Services from the nations of Cuba, Iran, North Korea, Syria, certain sanctioned areas of Ukraine (including without limitation, the regions of Crimea, Donetsk, and Luhansk), or other countries or geographic regions sanctioned by the United States Department of the Treasury (collectively, “Prohibited Jurisdictions”) or if the User is otherwise listed as a Specially Designated National by the United States Department of the Treasury’s Office of Foreign Asset Control (“OFAC”); or (ii) person that is a citizen of, resident of, or headquartered in a Prohibited Jurisdiction.
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, and a digital asset wallet address compatible with the Akash Network (a “Digital Asset Wallet”). 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.
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.
You are solely responsible for the custody of the cryptographic private keys associated with any Digital Asset Wallet you use or connect to the Services. You should never share your Digital Asset Wallet's credentials or seed phrase with anyone. We accept no responsibility or liability to you in connection with your use of a Digital Asset Wallet. We make no representations or warranties regarding how any of the Services will interact or operate with any specific Digital Asset Wallet. For more information on Digital Asset Wallet security and risks germane to your use of blockchain technology, please review the Akash Terms.
You may use the Services for lawful purposes, including legitimate provision of compute services to other users of the Akash Network.
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 that violates applicable laws;
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; or
Engaging in any activities that violate the Akash Terms.
We reserve the right to review content for compliance with these Terms. We may suspend or terminate User Accounts that violate the Akash Terms.
The Services, Platform, and any and all features, tools, and functionality including all information, software, text, displays, images, video and audio, the design, selection, and arrangement thereof, and the “look and feel” of the Services, except any open source software, are owned by Akash (“Akash Materials”), and are protected by applicable and/or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
In connection with your use of the Services, you may use the Akash Materials solely as authorized by us for as long as we permit you to continue accessing the Services. Without limiting the foregoing, you agree not to: (a) resell, lease, lend, share, distribute, or otherwise permit any third party to use the Services, Akash Materials; (b) modify or create derivative works of the Services or Akash Materials, or any portion thereof, or any data or information received by you in connection therewith; (c) frame, display, or incorporate the Services or Akash Materials in any website or any other work of authorship; (d) decompile, disassemble, reverse engineer, or attempt to discover the source code of the Services or Akash Materials; (e) use the Services or Akash Materials to design, develop, or create any competing product or service; (f) use the Services or Akash Materials for any commercial or noncommercial purpose other than their intended purposes determined at our sole discretion; or (g) suggest, imply, or misrepresent any affiliation, connection, or partnership with, or endorsement by, Akash.
We hereby permit you to use and access the Services, provided that you comply with these Terms. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you a non-sublicensable, non-transferable, and non-exclusive right and license to execute, access, and display such software, content, and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms.
If your use or access to the Services is in breach of these Terms, your right to access the Services will stop immediately and you must, at our sole option, return or destroy any copies of the materials that you made directly or indirectly from the Services. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by us. You may freely use any open-source materials up to the limits provided, but in accordance with any requirements placed by those materials’ open-source licenses. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws.
Our legal name, the term “Akash,” “Akash.network,” “Akash Network,” “Akash Homenode,” and any and all other related names, logos, product and/or service names, designs, and slogans are trademarks of Akash.
To understand how Akash collects, uses, and shares information about you, please review our Privacy Policy.
The Services may include, without limitation, links to sites, technology, applications, products, services, materials, or resources, provided or made available by third party, including for example, Auth0, Sentry, Grafana, Google Analytics, Clickhouse, 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.
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.
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.
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 statute 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.”
As part of using the Service and providing compute power, users may be eligible to receive rewards from fees paid by end users of providers’ compute power, which will be sent directly to the User’s provided Digital Asset Wallet address (“Rewards”).
Akash reserves the right to cease distributions of these rewards if we have reasonable ground to believe that provider devices are either:
Outright fraudulent, spoofing, using virtualization technology, VPNs, or in any manner, intentionally or inadvertently, that dishonestly misrepresenting its technical specifications; or
Not performing to the standard to be useful for the platform, including but not limited to: low uptime, failing to pass various technical tests administered by Akash or any other authorized party, or through any permissionless validator protocol.
Akash reserves the right, at its sole discretion and without prior notice, to terminate associated accounts, off-board involved devices, and immediately cease any further distributions of Rewards to the relevant user account.
WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY SECURITY OR PRIVACY BREACHES RELATED TO YOUR DIGITAL ASSET WALLET OR OTHER PAYMENT METHOD, AND/OR ANY UNAUTHORIZED USE OF YOUR DIGITAL ASSET WALLET.
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 IS AT YOUR SOLE RISK. THE SERVICES 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 TO THE SERVICES 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, 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 IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (C) THE SERVICES 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 OR OTHER ITEMS 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 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.
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 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, 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 $100 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.
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, 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; (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.
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.
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.
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 (if any) 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.
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.
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.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
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.
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.
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”).
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.
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.
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.
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.
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.
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.
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.
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.
Akash’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
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.
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.
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”).
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.
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.
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.
For questions about these Terms of Use or to report violations, please contact us at [email protected].