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Terms of Use

Effective Date: April 28, 2026 Last Updated: May 16, 2026

1. Introduction and Acceptance

These Terms of Use (“Terms”) govern your access to and use of the Akmon mobile application (“App”) and the website at akmon.app (“Website”), collectively referred to as the “Service,” provided by Numeral Digital, LLC (“we,” “us,” or “Akmon”).

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms are separate from and supplement the Apple Licensed Application End User License Agreement (EULA), which governs the licensing of the App through the Apple App Store. Our Privacy Policy describes how we collect and use your data and is incorporated into these Terms by reference.

These Terms include important provisions you should read carefully, including:

  • §1.1 — Akmon makes no guarantee that Generated Content will bypass any AI-detection system
  • §5.4 — Your content license to Akmon, including for AI model training
  • §6 — Acceptable Use, including detailed prohibitions on output extraction, reverse engineering, prompt injection, wrappers, automated abuse, and bulk export
  • §10 — Limitation of Liability and §11 — Indemnification (your obligations to us)
  • §12 — No Participation in User Disputes (we do not appear in proceedings between you and third parties)
  • §13 — Liquidated Damages for specific categories of breach
  • §17 — Governing Law and binding arbitration

1.1 No Bypass Guarantee

Akmon is a writing-assistance tool. We do not guarantee that any content processed through the Service will bypass third-party AI-detection systems, achieve specific detection scores, evade plagiarism checkers, or pass any institutional, professional, or platform review process. AI-detection technologies change continuously and produce variable results. You assume all risk of relying on Generated Content for any purpose, and you agree that any decision to submit, publish, or otherwise rely on Generated Content is made solely at your discretion and at your own risk.

2. The Service

Akmon is an AI-powered writing assistance tool. You submit text, and Akmon uses artificial intelligence to generate rewrites, suggestions, tone adjustments, grammar corrections, and other writing assistance. The Service includes:

  • Text input and AI-powered rewriting
  • Style, tone, and grammar assistance
  • Draft management and editing history
  • Subscription-based access to premium features

The Service uses AI to process your text input on our backend infrastructure (see Section 7).

3. Eligibility and Account

3.1 Age Requirement

You must be at least 18 years old to use Akmon. By using the Service, you represent that you meet this age requirement.

3.2 Account Registration

You may create an account using Sign in with Apple. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must protect your authentication artifacts (Apple session tokens, refresh tokens, and any API keys we may issue) from unauthorized disclosure or transfer; the trafficking, sale, sharing, or unauthorized transfer of these artifacts is prohibited under §6.11.

3.3 Account Accuracy

You agree to provide accurate information when creating your account and to keep your information up to date.

4. Subscriptions and Billing

4.1 Subscription Plans

Akmon offers a free tier and paid subscription plans (“Akmon Pro”). The free tier provides up to 1,500 words of AI-assisted writing per calendar month (UTC). Akmon Pro provides higher usage limits and additional features. Specific pricing, billing periods, free-trial terms, and any usage caps for paid plans are displayed within the App at the point of purchase. Akmon Pro is also subject to a fair-use ceiling intended to prevent abuse; we reserve the right to throttle or temporarily suspend service for any account whose usage materially exceeds typical individual-user patterns.

All subscription tiers, including Akmon Pro, are licensed for personal, non-commercial use by an individual end user. Use of the Service as the backbone of a commercial offering, third-party service, or production infrastructure is prohibited under §6.7 absent a separate written commercial agreement.

4.2 Auto-Renewable Subscriptions

Akmon Pro subscriptions are auto-renewable and processed through Apple’s App Store. By subscribing, you agree to the following:

  • Payment is charged to your Apple ID account upon confirmation of purchase
  • Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period
  • Your account will be charged for renewal within 24 hours prior to the end of the current period
  • You can manage and cancel your subscriptions in your Apple ID Account Settings

Subscription entitlement status (active, trial, expired) is managed via RevenueCat, Inc., acting as our data processor. Payment processing remains handled by Apple; RevenueCat receives only Apple-issued transaction identifiers and subscription status events.

4.3 Free Trials

If a free trial is offered, it will convert to a paid, auto-renewing subscription at the end of the trial period unless you cancel at least 24 hours before the trial ends.

4.4 Refunds

All purchases are processed by Apple. Refund requests must be submitted to Apple directly through their support channels.

4.5 Price Changes

We may change subscription prices from time to time. Price changes will take effect at the start of the next subscription period following the date of the price change. Continued use of the Service after a price change constitutes acceptance of the new price.

5. AI-Generated Content

5.1 Nature of AI Content

Akmon uses artificial intelligence (“AI”) to produce textual content (“Generated Content”) based on the text and instructions you provide. You acknowledge and agree that:

  • Generated Content is produced by AI and is provided “as is”
  • Generated Content may be inaccurate, incomplete, misleading, or offensive
  • Generated Content may resemble content created by others; we do not guarantee the originality or uniqueness of any Generated Content
  • AI models may produce different results from the same input at different times

5.2 Your Responsibility

You are solely responsible for reviewing, editing, and verifying all Generated Content before using it for any purpose. You assume full responsibility for any consequences of using Generated Content, including but not limited to claims of defamation, copyright infringement, or violation of third-party rights or any platform’s terms of service. Akmon is not a party to and has no duty to participate in any dispute arising from your use of Generated Content; see §12 (No Participation in User Disputes) for the operative limits of our involvement.

5.3 Intellectual Property of Generated Content

Akmon does not claim intellectual property ownership over Generated Content created from your input. You may use Generated Content for your personal and commercial purposes, subject to these Terms and applicable law. Note that the legal status of AI-generated content under copyright law may vary by jurisdiction.

5.4 Your Content License to Akmon

By using the Service, you grant Numeral Digital, LLC a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, host, store, reproduce, modify, adapt, anonymize, and create derivative works from your text inputs and Generated Content for any of the following purposes:

  • Operating the Service (text processing, content generation, content storage, editing history)
  • Evaluating, debugging, troubleshooting, and improving the Service
  • Training, fine-tuning, refining, and developing our humanizer models and related AI systems
  • Maintaining security and preventing misuse, fraud, or abuse
  • Complying with legal obligations

We anonymize inputs and outputs where practicable before using them for model improvement or training. Using the Service constitutes your consent to this license. If you do not consent to this use of your content, do not use the Service. This license survives termination of your account with respect to anonymized derivative data already incorporated into our models or training corpora.

Restricted-Use Counterpart. In consideration of the access granted to you under this Section 5.4 and the subscription terms in Section 4, Generated Content is delivered to you under a restricted-use license bounded by Section 6 (Acceptable Use). The Generated Content contains proprietary expression of our AI infrastructure, behavioral signatures, and statistical patterns; you receive Generated Content in confidence and subject to the contractual restrictions in Section 6. The restrictions in Sections 6.4, 6.5, 6.7, and 6.12 are material conditions of the bargain reflected in this license — not assertions of property rights — and are supported by the consideration of subscription access and the confidentiality interest preserved in this Section 5.4.

5.5 Watermarks and Detection Signals

Akmon may, at its sole discretion and without prior notice, embed in Generated Content statistical watermarks, behavioral signatures, metadata markers, or other detection signals (collectively, “Detection Signals”) for the purposes of (a) provenance tracking, (b) abuse detection, (c) forensic identification of unauthorized use under Sections 6.4 and 6.7, or (d) compliance with applicable law including Article 50 of the EU AI Act and equivalent provenance regulations.

You agree not to remove, obscure, alter, tamper with, or design systems intended to defeat any Detection Signal. Removal or interference with Detection Signals is a material breach of these Terms and may give rise to the remedies set forth in Section 13 (Liquidated Damages).

This Section 5.5 is forward-looking. Akmon may operate the Service with or without active Detection Signal deployment at any given time; the prohibition on removal or interference applies whenever Detection Signals are present, regardless of whether their presence is disclosed.

6. Acceptable Use

You agree not to use Akmon for any of the following purposes:

6.1 Academic Dishonesty (Prohibited)

You shall not use the Service for academic dishonesty, including but not limited to: paper-writing, essay-writing, homework completion, take-home assignment completion, exam-taking assistance, thesis or dissertation writing, or the submission of Generated Content as your own original work in any academic, professional, certification, or credentialing context where originality is required, represented, or expected. You shall not use the Service to misrepresent AI-generated content as human-authored in any context — academic, journalistic, professional, or otherwise — where that representation would be deceptive or in violation of applicable institutional, professional, or legal requirements.

6.2 Illegal, Harmful, or Deceptive Content (Prohibited)

You shall not use Akmon to:

  • Generate content that is illegal, defamatory, harassing, threatening, discriminatory, or that promotes violence
  • Generate content that infringes upon the intellectual property, privacy, or publicity rights of others
  • Generate spam, phishing material, misinformation, or content designed to deceive
  • Generate content that violates the terms of service of any platform on which you subsequently publish or use the Generated Content
  • Generate sexually explicit content involving minors, content depicting non-consensual acts, or content that exploits real persons without consent

6.3 General Service Abuse (Prohibited)

You shall not:

  • Use the Service for any purpose that violates applicable law
  • Interfere with or disrupt the Service or its infrastructure
  • Resell, redistribute, or commercially exploit access to the Service without authorization (see also §6.7)
  • Share account credentials with other persons or maintain multiple free-tier accounts to circumvent usage caps
  • Circumvent content safety filters, moderation mechanisms, rate limits, or usage caps (see also §6.6 and §6.8)
  • Access the Service through automated means (bots, scrapers, scripts) without our prior written authorization (see also §6.7 and §6.8)

6.4 Anti-Extraction and Anti-Distillation (Prohibited)

You shall not use, and shall not permit any third party to use, Generated Content, your interactions with the Service, or any artifact derived from your use of the Service:

  • (a) To train, fine-tune, distill, refine, evaluate, benchmark, or otherwise develop any artificial intelligence model, machine learning system, classifier, detector, detector-evasion system, text-rewriting tool, or related system that competes with Akmon (“Competing AI Models”)
  • (b) To assemble training corpora, supervised fine-tuning datasets, preference datasets, reinforcement-learning reward signals, rubric-based grading datasets, or chain-of-thought reasoning corpora intended for the development of Competing AI Models
  • (c) To generate synthetic data for Competing AI Models, including by aggregating outputs across multiple accounts, sessions, or rate-limit windows
  • (d) To extract, reconstruct, or infer the behavioral patterns, hallucination patterns, error patterns, alignment characteristics, or stylometric signatures of our AI infrastructure for the purpose of replicating those patterns in Competing AI Models
  • (e) To publish, present, or distribute benchmarks, comparative evaluations, or performance analyses of our AI infrastructure against named third-party systems (including AI-detection systems) without our prior written consent

For purposes of this Section 6.4, a “Competing AI Model” is any AI model, classifier, detector-evasion system, or text-rewriting tool that, in its intended use case or marketing, addresses the same end-user need as Akmon — including but not limited to rewriting AI-generated text to reduce its detectability by AI-detection systems.

Academic Research Carve-out. Section 6.4 does not prohibit non-commercial academic research conducted under all of the following conditions: (i) the research is conducted by an academic institution or its bona fide employees or students, (ii) the research will not be commercialized as a product or service, (iii) the researcher provides Akmon with reasonable advance notice at legal@akmon.app, (iv) any publication attributes the Service appropriately, and (v) the research is not used as a vehicle for, or pretext for, conduct otherwise prohibited by this Section 6.4.

Nature of this Restriction. This Section 6.4 is a contractual restriction on your permitted use of the Service. It is a material condition of the consideration-based, restricted-use license granted to you in Section 5.4 and is supported by the confidentiality interest in Generated Content described therein. It is not an assertion of copyright or other intellectual-property rights in Generated Content.

Note (Transparency): The “consideration-based covenant” framing of §6.4 (and the mirrored language in §5.4) is drafted using founder-default positioning. Counsel review of this framing is pending against §301 Copyright Act preemption analysis and equivalent doctrines in other jurisdictions, and may be revised before public launch.

6.5 Anti-Reverse-Engineering and Model Fingerprinting (Prohibited)

You shall not, and shall not permit any third party to:

  • (a) Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code, model weights, parameter weights, architectural hyperparameters, training methodology, or underlying components of the Service or its AI infrastructure
  • (b) Probe, test, scan, or interrogate the Service for the purpose of inferring the identity, version, vendor, or characteristics of the AI models, infrastructure providers, or compute partners we use
  • (c) Submit prompts, instructions, or queries designed to elicit disclosure of system prompts, hidden instructions, configuration values, or internal reasoning chains (whether by direct request, role-playing, hypothetical framing, encoding, or other circumvention technique)
  • (d) Capture, harvest, or aggregate chain-of-thought reasoning, intermediate computations, or rubric-based grading outputs of our AI infrastructure
  • (e) Conduct red-team, adversarial, or vulnerability-discovery probing of the Service except as permitted under §14 (Vulnerability Disclosure and Security Research)
  • (f) Develop, market, or operate any tool or service whose purpose or material function is to evade, defeat, or circumvent third-party AI-detection systems by leveraging access to the Service

We reserve the right to assert in any litigation or regulatory proceeding that statistical, behavioral, or stylometric fingerprints inherited from our outputs constitute forensic evidence of breach of this Section 6.5 and Section 6.4.

6.6 Prompt Injection and Jailbreaking (Prohibited)

You shall not attempt to manipulate, override, or circumvent the Service’s safety, moderation, or content-policy mechanisms, including by means of:

  • (a) Single-turn prompt injection (e.g., “ignore previous instructions,” “you are now in developer mode,” or equivalent override attempts)
  • (b) Persona-based or role-playing jailbreaks (e.g., “DAN” personas, fictional framing, hypothetical scenarios, “grandmother” emotional-manipulation framing)
  • (c) Encoding-based filter evasion (Base64, ROT13, Unicode confusables, typoglycemia, scrambled-word attacks, multilingual obfuscation, or other techniques designed to hide prohibited instructions from content classifiers)
  • (d) Multi-turn distributed adversarial intent (“Transient Turn Injection” or TTI) — distributing components of an otherwise-prohibited request across multiple individually-innocuous queries to defeat single-turn moderation
  • (e) Best-of-N or iterative adversarial probing of safety guardrails until a successful bypass is found
  • (f) Indirect prompt injection through user-supplied source documents, files, URLs, or other content channels

We reserve the right to (i) log, retain, and analyze your full conversation history (including across sessions) for the purpose of detecting distributed adversarial intent, (ii) act on detected attempts including by suspension or termination of your account, and (iii) share attack signatures with industry peers and law-enforcement bodies as permitted by our Privacy Policy and applicable law.

6.7 Wrappers and Detection-Evasion-as-a-Service (Prohibited)

The Service is licensed for personal, non-commercial use by an individual end user. You shall not, and shall not permit any third party to:

  • (a) Build, operate, or distribute any service that wraps, proxies, resells, or relays access to the Service, including but not limited to: SaaS products, browser extensions, Discord bots, Telegram bots, messaging-platform integrations, third-party APIs, or aggregator platforms
  • (b) Operate any service whose marketing or function describes itself as “AI humanization as a service,” “AI detection bypass as a service,” “detection-evasion as a service,” or any equivalent reseller framing
  • (c) Use the Service as the backbone, dependency, or production infrastructure of any commercial offering operated by any party other than the individual subscribing end user
  • (d) Use, deploy, or coordinate networks of multiple accounts (so-called “Hydra Clusters”), rotating residential proxies, distributed IP rotation, or coordinated multi-device automation designed to extract Service capability while remaining below per-account rate limits or anomaly-detection thresholds
  • (e) Use, distribute, or share automated tools, scripts, or browser extensions that interact with the Service on your behalf

Use of the Service for the operation of a commercial product, internal-business tooling at any organization other than yours as an individual, or any production infrastructure serving third parties requires a separate written commercial agreement with Akmon. Contact legal@akmon.app for commercial licensing.

6.8 Volumetric and Cost-Amplification Attacks (Prohibited)

You shall not engage in conduct designed to impose disproportionate computational, infrastructure, or financial cost on the Service, including but not limited to:

  • (a) Submitting maximum-length inputs in tight loops, recursive prompts, or other patterns designed to amplify our compute costs
  • (b) Distributed denial-of-service attacks against the Service or its infrastructure
  • (c) Distributing usage across multiple accounts, IP addresses, or devices to evade rate limits or anomaly-detection
  • (d) Attempting to bypass our content delivery network, web application firewall, or other access-control infrastructure
  • (e) Triggering excessive error states, retry storms, or fallback-path exhaustion

We reserve the right to (i) require step-up authentication, CAPTCHA, or biometric verification for accounts exhibiting suspicious usage, (ii) impose dynamic rate limits without notice, (iii) recover the actual costs of malicious or abusive traffic from the responsible account holder, and (iv) refer cases to law enforcement where conduct constitutes computer fraud or analogous offenses under applicable law.

6.9 Audit, Investigation, and Behavioral Monitoring

To enforce these Terms and protect the Service, we reserve the right to:

  • (a) Investigate suspected violations of these Terms, including by reviewing account activity, conversation history, and behavioral patterns
  • (b) Detect and act on indicators of credential sharing, multi-account abuse, or Hydra Cluster operation, including but not limited to: concurrent sessions from a single account across multiple devices or geographically distant networks; query-cadence patterns characteristic of programmatic distillation rather than human use; semantic-variance patterns indicative of corpus-mining rather than personal use
  • (c) Build and retain per-account behavioral profiles for safety-monitoring, abuse-detection, and forensic purposes consistent with our Privacy Policy
  • (d) Temporarily suspend access to your account pending investigation upon reasonable suspicion of breach
  • (e) Request reasonable explanation of usage patterns from accounts under review
  • (f) Retain forensic logs, conversation history, and behavioral data of accounts under suspicion beyond standard retention windows for the duration of the investigation
  • (g) Participate in industry-shared abuse-intelligence networks and share attack signatures, account fingerprints, and forensic indicators with peer AI service providers and law-enforcement bodies, as permitted by applicable law and our Privacy Policy
  • (h) Cooperate with valid legal process, including responding to subpoenas, court orders, and law-enforcement requests, with user notice where legally permitted (see also §12)

These rights supplement, and do not limit, our termination rights under §16.

6.10 Sanctioned-User and Geographic Restrictions

You represent and warrant that you are not, and you are not acting on behalf of any person who is:

  • (a) Located in, or a national or resident of, any country or region subject to comprehensive U.S. economic sanctions or embargo (including, as of the Effective Date, Cuba, Iran, North Korea, Syria, the Crimea region, the so-called Donetsk People’s Republic, and the so-called Luhansk People’s Republic)
  • (b) Identified on the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List, or any equivalent list maintained by the European Union, United Kingdom, or Australia
  • (c) Subject to U.S., EU, UK, or other applicable export control restrictions that would prohibit your access to the Service

You shall not use the Service for any activity prohibited by U.S. export control laws or by the equivalent laws of other applicable jurisdictions. We reserve the right to terminate access to the Service immediately upon discovery that you do not comply with this Section 6.10.

6.11 API Key, Token, and Credential Trafficking (Prohibited)

You shall not buy, sell, transfer, share, lease, lend, or otherwise traffic in:

  • (a) Akmon account credentials, including Sign in with Apple authentication artifacts associated with your account
  • (b) Session tokens, refresh tokens, or any other authentication artifacts issued by Akmon
  • (c) Any API keys or programmatic-access credentials Akmon may issue in the future
  • (d) Subscription entitlements (including by transferring an active Akmon Pro subscription to another user)

This Section 6.11 applies whether such trafficking is for monetary consideration or otherwise, and whether to natural persons or to automated systems (including wrapper services prohibited under §6.7).

6.12 Bulk Data Export Prohibition

You shall not bulk-extract, programmatically retrieve, or systematically aggregate the contents of your own account history, conversation logs, or input/output records for the purpose of (a) feeding any Competing AI Model as defined in §6.4, (b) constructing distillation corpora or training datasets, or (c) circumventing the prohibitions of §6.4 by characterizing aggregate output collection as “your own data.”

You may access and review your account history in the ordinary course of personal use through the in-app interfaces we provide. You may not use screen-scraping, headless-browser automation, replay scripts, or any other method to extract your account history at scale.

6.13 User AI-Disclosure Law Compliance

You acknowledge that various jurisdictions and contexts impose AI-disclosure, transparency, watermarking, or labeling requirements on the use, publication, or distribution of AI-generated content. These include but are not limited to: Article 50 of the EU AI Act; emerging state laws in California, Colorado, Illinois, and other U.S. jurisdictions; sector-specific rules in journalism, healthcare, political advertising, and consumer protection; and applicable platform terms of service.

You are solely responsible for identifying and complying with all AI-disclosure laws, regulations, professional codes, institutional policies, and platform terms applicable to your jurisdiction, your end-use context, and your downstream audience. You acknowledge that Akmon does not provide legal advice and makes no representation about the lawfulness or compliance of any specific use of Generated Content. Your indemnification obligation under §11 expressly extends to regulatory action against Akmon caused or materially contributed to by your failure to comply with this Section 6.13.

6.14 Enforcement and Termination

We reserve the right to suspend or terminate your account, without notice and without refund, if we determine in our reasonable judgment that you have violated any provision of this Section 6. Section 16 (Termination) governs the consequences of termination. Sections 11 (Indemnification), 12 (No Participation in User Disputes), and 13 (Liquidated Damages) govern the financial consequences of breach and survive termination.

7. AI Infrastructure

7.1 AI Processing

Akmon uses AI to process your text input and generate writing assistance. We rely on cloud-compute partners to host and serve the AI infrastructure. We do not disclose specific AI model versions, model providers, or compute infrastructure vendors as a matter of business practice. Our AI partners are bound by data processing agreements that prohibit using your content to train their own public models.

7.2 Availability

The Service depends on the availability of cloud-compute infrastructure. We do not guarantee uninterrupted access to AI features. Our infrastructure providers may experience downtime, rate limits, or service changes that affect the Service.

7.3 Provider Changes

We may change, add, or remove AI models and infrastructure providers at any time to improve the Service or for any operational reason. Such changes are routine operational decisions and do not constitute material changes to these Terms or to our Privacy Policy.

8. Intellectual Property

8.1 Akmon IP

The Service, including its design, features, code, brand, and documentation, is owned by Numeral Digital, LLC and is protected by applicable intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service, except as expressly permitted under these Terms.

8.2 Trademarks

“Akmon” and associated logos are trademarks of Numeral Digital, LLC. You may not use our trademarks without prior written permission.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
  • AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE
  • THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUMERAL DIGITAL, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR REPUTATION, ARISING FROM:

  • YOUR USE OF OR INABILITY TO USE THE SERVICE
  • ANY CONTENT GENERATED BY THE AI, INCLUDING ANY INACCURACY, OFFENSIVENESS, COPYRIGHT INFRINGEMENT, OR FAILURE TO BYPASS ANY DETECTION SYSTEM
  • ANY ACTIONS TAKEN, OR DECISIONS MADE, BASED ON AI-GENERATED CONTENT, INCLUDING ANY ACADEMIC, PROFESSIONAL, OR INSTITUTIONAL CONSEQUENCES
  • UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA
  • ANY THIRD-PARTY CONDUCT, CONTENT, OR SERVICES

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE LESSER OF (A) FIVE HUNDRED U.S. DOLLARS (USD $500), OR (B) THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.1 Carve-Outs for Non-Waivable Liability

Notwithstanding the foregoing, nothing in this Section 10, in Section 11 (Indemnification), or in any other provision of these Terms is intended to or shall:

  • (a) Exclude or limit our liability for our own gross negligence, willful misconduct, or fraud
  • (b) Exclude or limit our liability for fraudulent misrepresentation
  • (c) Exclude or limit any liability that cannot be excluded or limited under applicable mandatory consumer-protection law (including, where applicable, the UK Consumer Rights Act 2015, EU Consumer Sales and Guarantees Directive, California Civil Code §1668, and equivalent provisions of other jurisdictions)
  • (d) Exclude or limit liability for death or personal injury caused by our negligence

The carve-outs in this Section 10.1 are explicit acknowledgments. Where applicable mandatory law would in any event override the limitations in Section 10, this Section 10.1 documents our good-faith preservation of such non-waivable rights.

Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so the limitations above may not apply to you in full. In such cases, our liability is limited to the maximum extent permitted by applicable law.

11. Indemnification

11.1 Your Indemnification of Akmon

You agree to indemnify, defend (subject to §11.4 below), and hold harmless Numeral Digital, LLC, its officers, directors, employees, contractors, and affiliates (collectively, the “Akmon Parties”) from and against any third-party claim, action, demand, proceeding, loss, damage, judgment, fine, penalty, settlement, cost, or expense (including reasonable attorneys’ fees) (collectively, “Claims”) to the extent arising out of or related to:

  • (a) Regulatory action against any Akmon Party caused or materially contributed to by your violation of any provision of §6, including without limitation §6.1 (academic dishonesty), §6.4 (anti-distillation), §6.7 (wrappers), §6.10 (sanctioned users), or §6.13 (AI-disclosure law compliance)
  • (b) Third-party intellectual-property claims against any Akmon Party arising from text, content, materials, or instructions you submit to the Service (including but not limited to claims by copyright owners, trademark holders, publicity-rights holders, or licensors that you submitted content you did not have the right to submit)
  • (c) Class actions or coordinated proceedings against any Akmon Party initiated by, materially related to, or substantially based on your violation of §6, including without limitation §6.4 (distillation) or §6.7 (wrappers)

11.2 Excluded Categories

For clarity, your indemnification obligation under §11.1 does NOT extend to:

  • (d) Individual disputes between you and your school, university, employer, certification body, content platform, or other third-party institution arising from your use of Generated Content. These are addressed separately under §12 (No Participation in User Disputes); we do not appear in such disputes, and you do not owe us indemnification in respect of them
  • (e) Akmon’s own gross negligence, willful misconduct, fraud, or breach of these Terms — your indemnification obligation does not extend to Claims arising substantially from such conduct on the part of any Akmon Party
  • (f) AI infrastructure failures attributable to Akmon including data loss, security breaches, or service outages not caused by your misconduct

11.3 Cap on Indemnification

Your aggregate liability under this Section 11 across all Claims is capped at the greater of: (i) the total amount you have paid to Akmon in subscription fees in the twelve (12) months preceding the assertion of the Claim, or (ii) one thousand U.S. dollars (USD $1,000). This cap does not apply to (x) Claims arising from your fraud or willful misconduct, or (y) any liability that cannot be capped under applicable mandatory consumer-protection law.

11.4 Defense Control

Akmon shall have the right, but not the obligation, to assume the exclusive defense and control of any Claim subject to indemnification, in which case you shall cooperate as reasonably requested. Settlement of any indemnified Claim requires Akmon’s prior written consent, which Akmon shall not unreasonably withhold for settlements that involve only payment of money fully covered by your indemnification obligation. You shall not settle any Claim that imposes any non-monetary obligation, admission, or restriction on any Akmon Party without Akmon’s prior written consent.

11.5 Notice

Akmon shall provide you with prompt notice of any Claim subject to indemnification under this Section 11. A failure to provide prompt notice shall not relieve you of your indemnification obligation except to the extent you are materially prejudiced by the failure.

Note (Transparency): §11 is drafted using founder-default positioning (cap calibration, defense-control framing, trigger scope). Counsel review of this Section is pending and may result in revisions, particularly to the cap quantum and to jurisdictional carve-outs in EU/UK consumer contexts.

12. No Participation in User Disputes

12.1 We Are Not a Party to Your Disputes

Akmon is not a party to, and has no duty to participate in, any dispute, investigation, academic-integrity review, employment action, certification proceeding, content-platform review, professional-licensing investigation, or other proceeding involving you and any third party that arises from or relates to your use of Generated Content or your use of the Service. This includes but is not limited to:

  • Disputes between you and your school, university, college, secondary school, examination body, or accreditation institution
  • Disputes between you and your employer, prospective employer, professional body, licensing board, or contractor
  • Disputes between you and any content platform, social network, publisher, or distribution service
  • Disputes between you and any client, customer, or end recipient of content you produced using the Service

12.2 No Duty to Defend, Testify, or Advocate

We have no duty to:

  • (a) Defend you or appear on your behalf in any such proceeding
  • (b) Voluntarily provide testimony, declarations, affidavits, or witness statements supporting your position
  • (c) Write letters, opinion statements, expert reports, or any exculpatory documentation on your behalf
  • (d) Advise you on jurisdiction-specific or institution-specific consequences of your use of the Service
  • (e) Confirm, deny, or characterize the AI-generated or human-authored nature of any specific content for the benefit of a third party

We may, in our sole discretion, voluntarily provide informational support to a sympathetic user or in the public interest, but no such voluntary action creates any obligation to do so in any other instance.

12.3 Compelled Process

Where we are legally compelled to act — for example, by valid subpoena, court order, search warrant, regulatory production order, or law-enforcement request — we will comply with applicable law. Where legally permitted, we will provide you with reasonable advance notice of such compelled disclosure to allow you to seek a protective order or equivalent relief at your own expense.

12.4 Cost Recovery for Compelled Compliance

To the maximum extent permitted by applicable law, you agree to reimburse Akmon for the reasonable costs and expenses of compliance with any subpoena, third-party discovery request, or analogous legal process arising substantially from your use of the Service or from your dispute with a third party. Reimbursable costs include reasonable attorneys’ fees and reasonable hourly rates for engineering, legal, and records-management personnel time spent on compliance. This Section 12.4 does not apply where Akmon is itself a target of the proceeding.

12.5 No Breach of Duty

You expressly acknowledge and agree that Akmon’s non-participation in disputes between you and third parties is not a breach of any contractual, fiduciary, or other duty owed to you. You waive, to the maximum extent permitted by applicable law, any claim that Akmon has breached any obligation by declining to assist you in such disputes.

13. Liquidated Damages

13.1 Acknowledgment of Difficulty of Damages Calculation

You acknowledge that breach of §6.4 (Anti-Extraction and Anti-Distillation) or §6.7 (Wrappers and Detection-Evasion-as-a-Service) causes Akmon damages that are inherently difficult to calculate with precision, including but not limited to: erosion of the technological lead developed through Akmon’s investment in AI infrastructure; dilution of the competitive moat that supports Akmon’s business model; loss of subscription revenue from prospective users diverted to competing services built on extracted capability; and reputational and forensic costs of investigation and enforcement. The provisions of this Section 13 reflect the parties’ good-faith pre-estimate of those damages.

13.2 Liquidated Damages for §6.4 / §6.7 Breach

In the event you breach §6.4 or §6.7, you shall pay to Akmon, as liquidated damages and not as a penalty:

  • (a) A floor amount of fifty thousand U.S. dollars (USD $50,000) per breach event; PLUS
  • (b) Ten U.S. cents (USD $0.10) per word of Generated Content extracted, used, or processed in violation of §6.4 or §6.7, in excess of a de-minimis threshold of ten thousand (10,000) words; PROVIDED THAT
  • (c) The aggregate liquidated damages payable in respect of any single breach event shall not exceed five million U.S. dollars (USD $5,000,000)

13.3 Forensic Burden and Presumption

Akmon bears the initial burden of identifying breach. Upon Akmon’s presentation of any one or more of the following, a rebuttable presumption arises that breach has occurred:

  • (a) A documented behavioral, statistical, or stylometric fingerprint match between outputs of a third-party model and Generated Content of the Service
  • (b) Recovery of any Detection Signal embedded under §5.5 from outputs of a third-party model or from materials traceable to a third party
  • (c) Direct evidence of output-mining traffic, automated harvesting, or systematic aggregation across multiple accounts or sessions

The party against whom the presumption operates may rebut by producing competent evidence sufficient to establish, by a preponderance of the evidence, the absence of the breach.

13.4 Carve-Outs from Liquidated Damages

The liquidated damages of §13.2 do NOT apply to:

  • (a) Conduct that qualifies for the academic-research carve-out in §6.4
  • (b) Conduct conducted in good faith under the safe harbor of §14 (Vulnerability Disclosure and Security Research)
  • (c) Inadvertent breach by an individual end user involving fewer than 10,000 words of Generated Content cumulatively (the “de-minimis” floor described in §13.2(b))
  • (d) Conduct attributable substantially to Akmon’s own gross negligence, willful misconduct, fraud, or breach of these Terms

13.5 Cumulative Remedies

The liquidated damages set forth in this Section 13 are in addition to, and not in lieu of, Akmon’s right to seek (i) injunctive relief and other equitable remedies (including specific performance ordering deletion of distilled model weights and training corpora), (ii) recovery of actual damages where they exceed the liquidated amounts, (iii) attorneys’ fees and costs as permitted by law, and (iv) any other remedy available under applicable law. The election to pursue liquidated damages does not waive any other remedy.

Note (Transparency): §13 is drafted using founder-default positioning. Calibration of the liquidated-damages quantum (floor, per-word amount, cap) is pending counsel review against the penalty-doctrine standards of applicable jurisdictions and may be revised before public launch.

14. Vulnerability Disclosure and Security Research

14.1 Safe Harbor for Good-Faith Security Research

Akmon supports the work of independent security researchers. Notwithstanding the prohibitions in §6.5 and §6.6, conduct that satisfies all of the following conditions (“Good-Faith Security Research”) will not be treated as a breach of these Terms:

  • (a) The conduct is performed in good faith for the purpose of identifying and disclosing security vulnerabilities, abuse vectors, or safety failures of the Service
  • (b) The researcher uses no more access, data, or capability than is reasonably necessary to verify the existence and impact of the vulnerability
  • (c) The researcher does not access, retain, copy, or disclose any personally identifiable information of other users beyond what is incidentally observed in the course of the research
  • (d) The researcher does not materially disrupt the Service for other users (no denial-of-service testing without prior coordination, no destructive payloads, no extraction of production data at scale)
  • (e) The researcher reports the finding to Akmon at security@akmon.app before any public disclosure
  • (f) The researcher allows Akmon a reasonable disclosure window of at least ninety (90) days from the date of the report to remediate the finding before public disclosure, or such shorter period as Akmon may agree to in writing
  • (g) The researcher does not use information obtained through the research for any purpose other than reporting the vulnerability to Akmon

14.2 Out of Scope

The safe harbor of §14.1 does NOT cover:

  • Conduct prohibited by §6.4 (anti-distillation), §6.7 (wrappers), §6.8 (volumetric attacks), or §6.10 (sanctioned users)
  • Activities undertaken to gain commercial advantage rather than for security improvement
  • Activities conducted in violation of applicable computer-fraud, privacy, or telecommunications law
  • Activities directed at Akmon’s third-party AI infrastructure providers, payment processors, or other vendors (which are subject to those vendors’ own programs)

14.3 No Claim Created

The safe harbor in this Section 14 does not create any contractual obligation on Akmon to pay bug bounties, recognize researchers publicly, or enter into any agreement with a researcher beyond the protection from breach claims set forth in §14.1.

15. Account Deletion

You may delete your account at any time through the App (Settings → Delete account). Upon requesting deletion:

  • Your account and personal data will be permanently deleted within 30 days
  • Generated content and editing history associated with your account will be removed
  • Certain data may be retained as required by law (e.g., tax records for subscription purchases) or as necessary to enforce these Terms (e.g., behavioral and forensic data of accounts under active investigation under §6.9)

Important: Deleting your Akmon account does not automatically cancel your App Store subscription. To avoid future charges, cancel your subscription in your Apple ID Account Settings before or after deleting your account.

16. Termination

We may suspend or terminate your account and access to the Service at any time, with or without notice, if we reasonably believe that:

  • You have violated these Terms
  • You have engaged in fraudulent or abusive behavior
  • Continued access poses a risk to other users or the Service

Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination will survive, including without limitation:

  • §5.4 (Your Content License to Akmon, including the perpetual license over already-incorporated training data)
  • §5.5 (Watermarks and Detection Signals — for outputs delivered before termination)
  • §6.4, §6.5, §6.7, §6.11, §6.12 (post-termination conduct restrictions remain in force)
  • §9 (Disclaimers)
  • §10 (Limitation of Liability)
  • §11 (Indemnification)
  • §12 (No Participation in User Disputes)
  • §13 (Liquidated Damages)
  • §17 (Governing Law and Disputes)
  • §19 (Severability)

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction (including without limitation injunctive relief under §13.5).

You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

European Union and United Kingdom residents: Nothing in this section limits your rights under mandatory consumer protection laws in your country of residence. If you are a consumer in the EU or UK, you retain the right to bring claims in the courts of your country of residence, and mandatory local consumer protection laws will apply regardless of the governing law chosen above. The carve-outs of §10.1 and the mandatory-law-preservation language of §11.3 reinforce this preservation.

18. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the “Last Updated” date. For significant changes, we may also notify you via email or in-app notification, and where required by applicable law (including for material indemnification or liability changes in EU consumer contexts) we may require you to affirmatively re-accept the updated Terms before further use of the Service.

Continued use of the Service after changes take effect constitutes acceptance of the updated Terms, except where affirmative re-acceptance is required.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions will continue in full force and effect.

The unenforceability of any specific provision (including without limitation the liquidated-damages calibration of §13, the indemnification cap of §11.3, or the no-training restriction of §6.4) shall not affect the enforceability of any other provision.

20. Apple App Store Specific Terms

The following terms apply to your use of the App as distributed through the Apple App Store, as required by Apple’s Licensed Application End User License Agreement. These terms supplement, and are in addition to, the rest of these Terms.

20.1 Maintenance and Support

Numeral Digital, LLC is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

20.2 Product Claims

Numeral Digital, LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit Numeral Digital, LLC’s liability beyond what is permitted by applicable law.

In the event that the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

20.3 Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

21. DMCA Notice and Takedown

Numeral Digital, LLC respects the intellectual property rights of others and complies with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that material made available through the Service infringes your copyright, you may submit a DMCA notice to our designated agent.

21.1 Filing a DMCA Notice

To be effective, your written notice must include all of the following (per 17 U.S.C. § 512(c)(3)):

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
  2. Identification of the copyrighted work claimed to have been infringed
  3. Identification of the material that is claimed to be infringing, with information reasonably sufficient to permit us to locate it
  4. Your contact information (address, telephone number, email)
  5. A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
  6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf

21.2 Designated DMCA Agent

Send DMCA notices to our designated agent at:

DMCA Agent — Numeral Digital, LLC 1111B S Governors Ave STE 23743 Dover, DE 19904, United States Email: dmca@akmon.app

21.3 Counter-Notification

If you believe your material was removed or disabled by mistake or misidentification, you may submit a counter-notice under 17 U.S.C. § 512(g). The counter-notice must include the elements required by § 512(g)(3), including your physical or electronic signature, identification of the removed material and its prior location, a statement under penalty of perjury that the removal was a mistake or misidentification, your contact information, and your consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if you are outside the United States, the jurisdiction in which Numeral Digital, LLC may be found).

21.4 Repeat-Infringer Policy

We will, in appropriate circumstances and at our sole discretion, terminate the accounts of users who are repeat infringers of intellectual property rights.

21.5 False Claims

Submitting a knowingly false DMCA notice or counter-notice may subject you to liability under 17 U.S.C. § 512(f) for damages, including costs and attorneys’ fees.

22. Entire Agreement

These Terms, together with the Privacy Policy and the Apple Licensed Application End User License Agreement, constitute the entire agreement between you and Numeral Digital, LLC regarding your use of the Service. These Terms supersede all prior agreements, communications, and understandings regarding the Service.

23. Contact Us

If you have questions about these Terms, contact us at:

Numeral Digital, LLC 1111B S Governors Ave STE 23743 Dover, DE 19904, United States

Email: support@akmon.app For legal inquiries: legal@akmon.app For security disclosures: security@akmon.app For DMCA notices: dmca@akmon.app