Terms of Service

1. Eligibility

You may use the Services only if:

• you are at least 18 years old;
• you are legally able to enter into a binding contract;
• you are not located in, ordinarily resident in, or using the Services for the benefit of any person or entity in a jurisdiction subject to applicable trade restrictions or sanctions;
• your use of the Services complies with applicable law.

If we provide a service under a separate written agreement, that agreement controls to the extent it conflicts with these Terms.

2. The Services

Darkbloom is a privacy-focused decentralized inference platform that enables consumers to submit AI inference requests processed on independently operated Apple hardware. The privacy properties of the Services depend on the security architecture described in our Privacy Policy and are subject to the limitations described therein, including the current absence of end-to-end encryption between consumer and provider. You should review the Privacy Policy carefully before submitting sensitive content to the Services.

The Services may include:

• OpenAI-compatible and related API endpoints for text, image, audio, and other inference workloads;
• a web console and developer tooling;
• provider software, installers, and a macOS app used to contribute compute capacity;
• account, billing, referral, enrollment, attestation, and device-linking features.

Research Preview Status. The Services are currently offered as a research preview and may be labeled alpha, beta, preview, experimental, or research. This means:

• Features may change without notice, may be incomplete, and may break.
• We do not provide service-level agreements, uptime commitments, support commitments, service credits, or production warranties unless we expressly agree otherwise in a separate written contract.
• Provider earnings are dependent on consumer demand, platform availability, and routing decisions, all of which may vary significantly during the research preview period. Providers should not rely on the Services as a primary or stable source of income during this phase.
• Consumers should not rely on the Services for production workloads, time-sensitive applications, or use cases where interruptions would cause significant harm.
• We may modify, suspend, or discontinue the Services or any feature at any time during the research preview period, including features that affect provider earnings or consumer access.
• OpenAI compatibility describes interface compatibility only. The Services are not endorsed by or affiliated with OpenAI unless we expressly say so.

3. Accounts, Authentication, and API Keys

You may need an account, API key, wallet, device token, or third-party authentication credential to use parts of the Services.

You agree to:

• provide accurate, current information;
• keep credentials confidential;
• use reasonable security measures to prevent unauthorized access;
• promptly notify us of suspected compromise or misuse.

You are responsible for all activity under your credentials, whether or not authorized by you, unless caused by our breach of these Terms or applicable law.

We may require identity, business, or compliance verification before enabling some features, including billing, withdrawals, or provider payouts.

If you believe your account, API key, or other credentials have been compromised, you must notify us promptly at notices@eigenlabs.org.

4. Consumer Use of the Services

If you use the Services as a customer, developer, or end user submitting requests (collectively, a "consumer"):

• you are responsible for your prompts, uploaded files, model selections, tool calls, output use, and downstream applications;
• you must ensure you have all rights and permissions needed to submit Inputs and use Outputs;
• you may not use the Services in any way that violates law, infringes rights, or materially risks harm to people, property, systems, or the Services.

"Inputs" means prompts, messages, audio, images, files, metadata, and other material you submit to the Services. "Outputs" means model generations and other results returned by the Services.

5. Provider Participation

If you install or operate Darkbloom provider software (a "provider"), you also agree that:

• you will operate only hardware, networks, and accounts you are authorized to use;
• you will not bypass, disable, spoof, tamper with, or interfere with attestation, security, integrity, enrollment, metering, payout, or routing controls;
• you will maintain your machine, operating system, software, model files, and security settings in a safe and compliant state, including maintaining System Integrity Protection (SIP) and Secure Boot enabled at all times;
• you will not attempt to inspect, exfiltrate, intercept, or misuse customer content processed through the Services;
• you remain responsible for local taxes, reporting, labor, employment, power, internet, hardware, and other operating costs;
• any earnings or payouts may be delayed, reversed, withheld, or adjusted for fraud, abuse, disputes, sanctions screening, chargebacks, compliance review, accounting corrections, or system errors.
• you are enrolling a personally owned device and accept the risks associated with granting administrative control.

Provider participation does not create an employment, agency, partnership, franchise, fiduciary, or joint venture relationship between you and Eigen Labs.

6. Fees, Credits, Deposits, and Payouts

Some Services require payment. You authorize us and our payment service providers to charge the payment method, wallet, or blockchain account you choose for applicable fees, taxes, network fees, and other disclosed charges.

6.1 Prepaid credits. If the Services use prepaid balances, deposits, or credits:

• credits are non-interest-bearing and are not bank accounts, checking accounts, savings accounts, or stored-value accounts unless we expressly state otherwise;
• credits are usable only for eligible Services;
• except as required by law or expressly stated in writing, prepaid purchases are final and non-refundable;
• credits may be adjusted to correct errors, fraud, abuse, duplicate transactions, or chargebacks.

6.2 Third-party payment rails. Payments and transfers may involve third-party providers such as Stripe, Privy, wallet providers, banks, card networks, or blockchain networks. Their terms and privacy policies apply to your use of those services. We are not responsible for third-party payment delays, reversals, outages, fees, or errors.

6.3 Taxes. You are responsible for all taxes, duties, levies, and similar charges arising from your use of the Services, other than taxes based on our net income.

7. Acceptable Use

You may not, and may not permit others to:

• use the Services for illegal, fraudulent, harmful, infringing, or deceptive activity;
• exploit, harm, or attempt to exploit or harm minors;
• submit or generate material that violates law or third-party rights;
• use the Services to develop malware, phishing infrastructure, credential theft, unauthorized surveillance, or other malicious code or conduct;
• probe, scan, reverse engineer, benchmark without permission, or attempt to discover source code or model weights except as allowed by applicable law and not waivable by contract;
• interfere with or disrupt the Services, providers, networks, or security controls;
• circumvent rate limits, usage restrictions, access controls, or safety mechanisms;
• use automated means to scrape the Services except through authorized APIs;
• use the Services in a manner that could create a competing service based on unauthorized extraction of outputs, metadata, or system behavior;
• misrepresent Outputs as solely human-generated where doing so would be deceptive or unlawful;
• use the Services for medical diagnosis or treatment, legal advice, financial advice, emergency response, critical infrastructure control, or other high-risk use cases where a failure could reasonably cause death, personal injury, or significant property or environmental harm, unless we expressly authorize that use in writing.

The Services enable inference using open-source AI models that are subject to their own license terms. Providers who run models through the platform, and consumers who use model outputs, are each responsible for compliance with all applicable model licenses. Without limiting the foregoing: (a) providers must not run any model on the platform that they are not licensed to use for the intended purpose; (b) consumers must not use model outputs in ways that violate applicable model licenses, including without limitation commercial use restrictions, attribution requirements, or derivative work limitations; and (c) Eigen Labs makes no representation that any model available through the platform is licensed for any particular use case. Current models available through the platform may include models subject to the Meta Llama Community License, Alibaba Qwen License, and other open-source or source-available licenses, each of which contains use restrictions that may apply to your use.

We may investigate suspected violations and cooperate with law enforcement or regulators where permitted or required by law.

8. Customer Content and Outputs

As between you and Eigen Labs, and subject to applicable law:

• you retain your rights in Inputs;
• you own your Outputs to the extent any ownership rights arise in them and are transferable, excluding our underlying Services, software, models, documentation, trademarks, and other intellectual property;
• you grant us and our subprocessors, providers, and infrastructure partners a non-exclusive, worldwide, limited license to host, copy, transmit, process, display, and use Inputs and Outputs solely as necessary to provide, secure, maintain, bill for, enforce, and improve the Services, comply with law, and prevent fraud, abuse, or misuse.

You represent and warrant that you have all rights needed for Inputs and for your use of Outputs.

Because machine learning systems can produce similar or identical outputs for multiple users, Outputs may not be unique. We do not guarantee that Outputs will be accurate, complete, available, non-infringing, or fit for your use case.

9. Privacy and Security

Our Privacy Policy explains how we collect, use, disclose, and protect personal information. The Privacy Policy is incorporated into these Terms by reference.

You understand and agree that:

• the Services involve transmission, processing, and storage of Inputs, Outputs, and service metadata;
• we use reasonable technical and organizational safeguards, but no method of transmission, storage, or processing is completely secure;
• certain service paths may use additional encryption, attestation, or trusted-execution features, but those controls do not eliminate all risk;
• you are responsible for using the Services in a manner appropriate for the sensitivity of your data.

MDM enrollment is configured for security verification only. Darkbloom requests only the minimum MDM permissions necessary to verify your device's security posture, specifically the ability to query device information and security status. We have deliberately not requested MDM permissions that would allow us to erase, lock, install or remove applications, or access user content or application data.

10. Beta, Research, and Experimental Features

The Services are being offered as a beta test, research preview. The Services are offered "AS IS," may be incomplete, may contain bugs or security issues, and may change or be withdrawn at any time. We may impose limits on usage, supported models, regions, features, access methods, or uptime at any time.

Unless we expressly agree otherwise in a separate written agreement:

• the Services are not a production service;
• we do not commit to any minimum availability, support response time, incident response time, or disaster recovery objective;
• you are solely responsible for determining whether the Services are appropriate for any testing, staging, or production use;
• provider earnings during the research preview period may be interrupted, reduced, or suspended without notice if we modify, suspend, or discontinue features or capacity.

11. Third-Party Services and Open Source

The Services may incorporate or interoperate with third-party software, open-source software, and third-party services. Your use of those components may be subject to separate terms. Nothing in these Terms limits your rights under any applicable open-source or third-party license for software or models distributed to you under that license.

Without limiting the foregoing:

• third-party wallets, payment processors, authentication providers, and blockchain networks are not controlled by us;
• provider machines participating in the network may be independently operated by third parties, even where subject to our technical requirements;
• the security verification features of the Services depend on Apple infrastructure including MDM, APNs, Secure Enclave, and System Integrity Protection, which are operated and controlled by Apple and subject to Apple's policies;
• we are not responsible for third-party outages, hacks, policy changes, fees, transaction failures, delays, or data practices.

12. Intellectual Property

We and our licensors and/or third party service providers own all rights, title, and interest in and to the Services, including software, APIs, interfaces, workflows, documentation, branding, logos, designs, compilations, and all related intellectual property, except for your Inputs and Outputs as described above.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business or personal use.

You may not use our trademarks, logos, or brand features without prior written permission.

If you send us suggestions, ideas, feature requests, or other feedback about the Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use that feedback for any lawful purpose without notice, attribution, or compensation to you.

13. Suspension and Termination

We may suspend, restrict, or terminate your access to some or all of the Services immediately, with or without notice, if:

• you breach these Terms or applicable law;
• your use creates security, legal, reputational, or operational risk;
• payment is overdue or reversed;
• we suspect fraud, abuse, sanctions issues, or unauthorized access;
• required third-party services are unavailable or terminate their relationship with us, including Apple infrastructure on which security verification features depend;
• we discontinue the Services.

You may stop using the Services at any time. Sections that by their nature should survive termination will survive, including sections on fees owed, intellectual property, disclaimers, limitations of liability, indemnity, dispute resolution, and content rights needed to wind down or comply with law.

Further, the security verification features of the Services, including the hardware attestation and trust-level verification on which privacy assurances are based, depend on depend on third party infrastructure, including Apple's Mobile Device Management (MDM) framework, Apple Push Notification service (APNs), Secure Enclave, System Integrity Protection, and related Apple infrastructure. Such third parties may modify, restrict, suspend, or discontinue any of these capabilities at any time with or without notice. In such an event, we may be required to modify, suspend, or discontinue affected features of the Services, including security verification features, with reasonable notice where practicable. Your sole remedy in such circumstances is termination of your participation in accordance with Section 13.

14. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, EIGEN LABS AND ITS AFFILIATES, LICENSORS, PROVIDERS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. You are solely responsible for maintaining backups of your data and for any risks associated with enrolling your device.

We do not warrant:

• any minimum uptime, availability, response time, throughput, or provider availability;
• any compatibility, continuity, or stability of preview features, research features, or APIs;
• any support availability, response time, remediation timeline, or service credits;
• that outputs are accurate, lawful, safe, or suitable for your intended use;
• that security features, attestation features, or integrity checks will detect every threat or prevent every incident.
• that the privacy-preserving architecture will be effective against kernel zero-day exploits, undisclosed Apple hardware vulnerabilities, or other attacks outside the scope of the current threat model.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• EIGEN LABS AND ITS AFFILIATES, LICENSORS, PROVIDERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, DAMAGE TO DEVICES, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES;
• OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED USD $100.

These limitations do not apply to liability that cannot be excluded or limited under applicable law.

16. Indemnity

You will defend, indemnify, and hold harmless Eigen Labs, its affiliates, and their respective directors, officers, employees, contractors, licensors, providers, and agents from and against any third-party claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your use of the Services;
• your Inputs, Outputs, applications, or products built with the Services;
• your breach of these Terms;
• your violation of law or third-party rights.
• your violation of any applicable open-source model license terms.

17. Dispute Resolution, Arbitration, and Governing Law

Please read this section carefully. Except for the limited carve-outs below, it requires most disputes to be resolved through binding individual arbitration and not in court.

17.1 Informal dispute process first. Before either party starts arbitration or court proceedings, that party must send the other a written notice describing the dispute and the requested relief. The parties will then try in good faith to resolve the dispute informally for 30 days.

17.2 Agreement to arbitrate. Except for the claims described in Section 17.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration on an individual basis.

The arbitration will:

• be administered by JAMS under its then-current comprehensive arbitration rules;
• be conducted in English before a single arbitrator;
• be governed by the Federal Arbitration Act to the extent applicable.

The arbitrator may award any relief available in an individual action under applicable law, but may do so only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's claim.

17.3 No class or representative proceedings. To the maximum extent permitted by law, you and Eigen Labs agree that:

• claims must be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative proceeding;
• the arbitrator may not consolidate more than one person's claims and may not preside over any class, collective, or representative proceeding;
• if this class-action waiver is found unenforceable as to a particular claim, then that claim must proceed in a court of competent jurisdiction and not in arbitration.

17.4 Exceptions. The following claims may be brought in a court of competent jurisdiction:

• qualifying individual claims in small claims court;
• claims seeking only temporary, preliminary, or permanent injunctive relief;
• claims relating to intellectual property, misuse of intellectual property, or unauthorized access to the Services.

17.5 Arbitration fees. Payment of arbitration filing, administration, and arbitrator fees will be governed by the applicable JAMS rules, except that if the arbitrator determines those costs would be prohibitively more expensive than court for you, Eigen Labs will pay the portion necessary to avoid that result, subject to any reallocation permitted by law or the rules.

17.6 Opt-out. You may opt out of the arbitration agreement in this Section 17 by sending a written opt-out notice to notices@eigenlabs.org within 30 days after the earlier of your first use of the Services or your first agreement to these Terms. Your notice must include your name, the identifying information associated with your account, and a clear statement that you want to opt out of arbitration. If you opt out of arbitration, the class-action waiver in Section 17.3 will still apply to the maximum extent permitted by law.

17.7 Governing law and venue. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.

If a claim is not subject to arbitration, then you and Eigen Labs agree that the state or federal courts located in San Francisco, California will have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.

18. Changes to the Terms

We may modify these Terms from time to time. If we make material changes, we will post the updated Terms, update the effective date, and take any additional steps required by law. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the updated Terms.

19. Miscellaneous

These Terms constitute the entire agreement between you and Eigen Labs regarding the Services, except for any separate written agreement between you and us.

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or restructuring of Eigen Labs or its affiliates, including any future reorganization in which the Darkbloom platform is operated by a separate legal entity.

20. Contact

For notices, questions, or complaints about these Terms, contact:

notices@eigenlabs.org