Effective Date: January 15, 2026
1. Introduction and Company Information
Welcome to OpenMark ("the Service"), an AI model benchmarking platform operated by:
OpenMark AI, Lda
NIF/VAT: 519 147 766
Lisbon, Portugal
Email: support@openmark.ai
By accessing or using the Service, you agree to be bound by these Terms of Service ("Terms").
2. Service Description
OpenMark provides an AI model benchmarking platform that enables users to:
- Create and manage evaluation tasks for AI language models
- Run benchmarks across multiple AI models from various providers
- Compare performance metrics and results
- Store and analyze benchmark results
The Service acts as an intermediary, sending user-defined prompts to third-party AI model providers and returning their responses for evaluation.
3. Account Registration
3.1 Eligibility: You must be at least 18 years old or the age of legal majority in your jurisdiction to use this Service.
3.2 Account Creation: Accounts are created through the available authentication methods. You are responsible for maintaining the security of your account credentials.
3.3 Account Accuracy: You agree to provide accurate and complete information during registration.
3.4 One Account Per Person: Each user may maintain only one account. Creating multiple accounts to circumvent limits or abuse the Service is prohibited.
4. Acceptable Use Policy
You agree NOT to use the Service to:
- Generate illegal content — including content that violates any applicable laws or regulations
- Create harmful content — including content promoting violence, harassment, discrimination, or hate speech
- Produce NSFW/adult content — sexually explicit material, pornography, or obscene content
- Facilitate fraud — phishing, scams, deceptive practices, or identity theft
- Infringe intellectual property — violating copyrights, trademarks, or other proprietary rights
- Spread misinformation — generating deliberately false or misleading content
- Maliciously exploit AI vulnerabilities — using discovered weaknesses to cause harm outside the benchmarking context
- Test stolen credentials — using the Service for card testing or payment fraud
- Abuse rate limits — automated attacks, scraping, or excessive API calls
- Reverse engineer — attempting to extract proprietary algorithms or systems
Violation of this Acceptable Use Policy may result in immediate account termination without refund.
5. Subscription Plans and Credits
5.1 Tiers: The Service offers multiple subscription tiers (Free, Pro, Expert) with varying limits on tasks, storage, and features.
5.2 Credits: Benchmarking operations consume credits. Credits come in two forms:
- Monthly Credits: Included with subscriptions, reset each billing cycle, do not carry over
- Purchased Credits: Bought via credit packs, never expire, used after monthly credits are exhausted
5.3 Pricing: Current pricing is displayed at the point of purchase. Prices may be subject to applicable taxes (VAT/sales tax) based on your location.
5.4 Price Changes: We reserve the right to modify pricing with 30 days' notice to active subscribers.
6. Payment Terms
6.1 Payment Processing: All payments are processed securely through our payment providers. We do not store your full payment card information on our servers.
6.2 Subscription Billing: Subscriptions are billed in advance on a recurring basis (monthly or annually). Your subscription will automatically renew unless cancelled before the renewal date.
6.3 Failed Payments: If a payment fails, we will attempt to retry. If all retry attempts fail, your subscription may be cancelled.
6.4 Taxes: Depending on your location, VAT, GST, or sales tax may be added at checkout. You are responsible for any applicable taxes.
7. Refund Policy
7.1 Digital Services: As a digital service, refunds are generally not provided once credits have been consumed or services have been used.
7.2 EU Consumer Rights: EU consumers have a 14-day withdrawal right for digital content. However, by using the Service immediately upon purchase, you acknowledge that you waive this right once credits are consumed or benchmark runs are executed.
7.3 Service Errors: If you experience a technical error that causes credit loss through no fault of your own, please contact us at support@openmark.ai. We will review and may issue a credit refund at our discretion.
7.4 Chargebacks: If you believe there has been an error, please contact us before initiating a chargeback. We are committed to resolving disputes fairly and quickly.
8. Data Retention
8.1 Active Accounts: Your tasks, results, and data are retained while your account remains active.
8.2 Inactive Accounts: After 60 days of inactivity (no logins or API activity), free tier accounts may have their data deleted. Users who have purchased credits receive extended retention of 365 days. Paid subscribers retain data indefinitely while subscribed.
8.3 Account Deletion: You may request account deletion at any time by contacting support@openmark.ai. See our Privacy Policy for details.
9. Intellectual Property
9.1 Your Content: You retain ownership of tasks, prompts, and content you create. By using the Service, you grant us a limited license to process your content solely to provide the Service.
9.2 Our Content: The Service, including its design, code, branding, and documentation, is owned by OpenMark AI, Lda and protected by intellectual property laws.
9.3 AI Provider Content: Responses from AI models are subject to the terms of their respective providers.
10. Limitation of Liability
10.1 Service Provided "As Is": The Service is provided without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose or non-infringement.
10.2 No Guarantee of AI Accuracy: We do not guarantee the accuracy, reliability, or appropriateness of AI model outputs. You are solely responsible for how you use benchmark results.
10.3 Liability Cap: To the maximum extent permitted by law, our total liability is limited to the amount you have paid us in the 1 month preceding the claim, or €50, whichever is greater.
10.4 Excluded Damages: We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits or data loss.
11. Indemnification
You agree to indemnify and hold harmless OpenMark AI, Lda and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.
12. Service Availability and Modifications
12.1 Availability: We strive for high availability but do not guarantee uninterrupted access. Scheduled maintenance will be announced when possible.
12.2 Modifications: We may modify, suspend, or discontinue features at any time. Material changes affecting paid features will be communicated with reasonable notice.
12.3 Third-Party Dependencies: The Service relies on third-party AI providers. We are not responsible for their availability, pricing changes, or service modifications.
13. Termination
13.1 By You: You may cancel your subscription at any time via the Billing portal. Cancellation takes effect at the end of the current billing period.
13.2 By Us: We may suspend or terminate your account for violation of these Terms, suspected fraud, or abuse. Serious violations may result in immediate termination without refund.
13.3 Effect of Termination: Upon termination, your access to the Service ends. Data may be deleted according to our retention policy.
14. Dispute Resolution
14.1 Informal Resolution: Before initiating formal proceedings, you agree to contact us at support@openmark.ai to attempt resolution.
14.2 EU Consumers: EU consumers may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/odr.
14.3 Consumer Protection: These Terms do not limit any mandatory consumer protection rights under applicable law.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of Portugal. Any disputes shall be submitted to the competent courts of Lisbon, Portugal, without prejudice to any mandatory consumer protection jurisdiction rights.
16. Changes to Terms
We may update these Terms from time to time. Significant changes will be notified via email or through the Service. Continued use after changes constitutes acceptance of the new Terms.
17. Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall continue in effect.
18. Contact Information
For questions about these Terms, please contact:
OpenMark AI, Lda
Lisbon, Portugal
Email: support@openmark.ai
NIF/VAT: 519 147 766