sundae_bar Terms of Service

Welcome to sundae_bar. By signing up for a sundae_bar account (the “Account”) or by using any sundae_bar Services (as defined below), you are agreeing to be bound by the following terms and conditions (the "Terms of Service" or the “Terms”).

As used in these Terms of Service, "we", "us", "our" and "sundae_bar" means Sundae Bar Plc (sundae_bar), a company incorporated in England and Wales with company number 13714088, and "you" or the “User” means the sundae_bar User (if registering for or using a sundae_bar Service(s) as an individual), including a developer of Marketplace AI Agent(s) or SN121 Agents (as defined below), or the business employing the sundae_bar User (if registering for or using a sundae_bar Service(s) as a business) and any of its affiliates or associates. If you are listing and/or selling an AI Agent on behalf of a business or for commercial purposes, you are a "Business User".

sundae_bar operates a marketplace and directory (the “Platform”) for AI products - including agents, workflows, prompts, and other digital AI materials (“AI Products”), and operates structured agent evaluation and benchmarking services in connection with Subnet 121 on the Bittensor network.

The Platform and any related features, marketplace functionality, or evaluation services offered by sundae_bar are referred to in these Terms as the “Services”.

You must read, agree with and accept all the terms and conditions contained or expressly referenced in these Terms of Service, including sundae_bar's Privacy Policy before creating an Account or using the Services. .

Some features of the Platform described in the Terms may not be available at all times or in all jurisdictions, but are intended to reflect potential upcoming sundae_bar platform capabilities.

1. Agreement to Terms

By accessing or using our Service(s) and/or sundae_bar, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms, you may not use our Service(s).

2. Account Terms

You are responsible for your Account, the AI Agents (as defined below) and materials you upload to the sundae_bar Service(s). If you violate the Terms of Service we may cancel your service access immediately and remove all content related to the Account. We will communicate with you via your Primary Email Address (as defined below).

Definitions

“AI” means artificial intelligence.

“AI Agent” means a software system or program capable of autonomously performing tasks on behalf of a user or another system by designing its workflow and utilizing available tools.“AI Product” means any AI-related listing made available on the Platform, including AI Agents, workflows, prompts, templates, or other digital AI materials

“Marketplace AI Agent” means an AI Agent uploaded, listed, or made available by a User on the sundae_bar Platform for discovery, access, licensing, or commercial use by third parties.“Generalist Agent” means sundae_bar’s proprietary, continuously evolving AI Agent developed and operated by sundae_bar and made available as a commercial product or service through the Platform. The Generalist Agent is informed by aggregated evaluation outputs, benchmark results, and non-attributable performance insights derived from Subnet 121 challenge submissions and other internal development processes.

“Platform” means the sundae_bar–operated website, interfaces, tools, and systems made available at sundaebar.ai, through which Users may discover, access, list, evaluate, or transact in connection with AI Products and Subnet 121 programs.

“SN121 Agent” means an AI Agent submitted by a developer to a structured evaluation, benchmark, or challenge operated by sundae_bar in connection with Subnet 121 on the Bittensor network and not submitted for listing or commercial use on the sundae_bar Platform.

“Underlying Protocol” means the Bittensor network and any applicable Subnet 121 incentive mechanisms.

General

You must be at least 18 years old to open an Account.

A User may act in one or both capacities. Submitting a SN121 Agent does not, by itself, constitute listing, offering, or making an AI Agent available on the sundae_bar Platform.

To access and use the Services, you must register for an Account. You must provide in writing your full legal name, address, phone number, a valid email address (the “Primary Email Address”), and any other information required by us.

Your Primary Email Address is our primary communication method with you.

2.1 Account Security

• You are responsible for maintaining Account security and all Account activity
• You must use strong, unique passwords for your Account
• You must notify us immediately of any unauthorised access or security breach
• You may not share any Account credentials with any other party
• You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service(s), including the sundae_bar Platform, interfaces, workflows, APIs, or underlying infrastructure, without our express written permission. This restriction does not apply to AI Agents, agent code, or other materials submitted by Users, which remain subject to the intellectual property provisions set out in Section 13.
• You may not work around, bypass, or circumvent any technical limitations of the Service(s)
• All information and file exchanges must be performed exclusively on the sundae_bar site at sundaebar.ai.

3. Account Types and Verification

Different types of Users have different requirements. Business Users need additional documentation, insurance coverage and verification as set out in 3.2 below.

Accounts may be used by individual creators or businesses that list AI Agents on the Platform.

3.1 Users

The individual or entity that creates an Account and submits an agent is considered the “User” Each Account may represent only one User who is responsible for the accuracy, functionality, security and compliance of the AI Agent(s) submitted under its name.

• The person signing up becomes the "User " responsible for the Account
• Users are responsible for all AI Agent(s) listed under their Account
• Your Account can only be associated with one User
• Users may participate on sundae_bar either by submitting Marketplace AI Agents for listing on the Platform, by submitting SN121 Agents for evaluation in connection with Subnet 121, or both.
• Participation in Subnet 121 challenges does not require the User to list, sell, license, or commercially deploy any AI Agent on the sundae_bar Platform.

3.2 Business Users

If you are listing and/or selling AI Agents on behalf of a business or for commercial purposes, you are a "Business User" and must provide to our satisfaction, in addition to the requirements set out above:

• Business registration documentation
• Professional liability insurance coverage
• Enhanced identity verification

These requirements may be introduced or enforced depending on your activities, jurisdiction, or participation in monetization programmes.

Failure to provide required documentation, insurance coverage and/or verification may result in rejection of the submission (for an Account), Account restrictions or limitations on Platform features.

4. AI Agent Standards and Quality Control

Sections 4 through 9 apply solely to Marketplace AI Agents listed on the sundae_bar Platform and to Users acting in a marketplace capacity. These sections do not apply to SN121 Agents submitted for evaluation in connection with Subnet 121, or to participation in Subnet 121 challenges.

All Marketplace AI Agents must meet sundae_bar’s quality standards and standards under applicable legislation. We monitor performance and can remove AI Agents that don't meet such requirements.

4.1 Quality Requirements

All AI Agents submitted to the sundae_bar Platform must meet the following standards to be listed in the directory:

• Meet sundae_bar's quality, technical and/or performance standards
• Include a working implementation URL and accurate description of the AI Agent
• Maintain advertised accuracy levels and capabilities
• Comply with all applicable AI laws and regulations and data protection laws and regulations
• Include accurate documentation and support information in relation to the AI Agent
• Implement appropriate security measures
• Not include or link to any unsafe, abusive, or deceptive content and/or any content set out in 12.1 below

sundae_bar reserves the right to review and reject submissions (for an Account) that do not meet these requirements.

4.2 Prohibited AI Systems¹ and/or AI Agents

The following types of AI systems and/or AI Agents may not be listed on sundae_bar, even via third-party links:

• High-risk AI systems as may be classified under applicable AI legislation and regulatory frameworks
• AI systems used for social scoring or mass surveillance
• AI systems that manipulate human behaviour through subliminal techniques
• AI systems that exploit vulnerabilities of specific groups (for example age, disability, social/economic situation)
• Real-time remote biometric identification systems in publicly accessible spaces
• AI systems for emotion recognition in workplace or educational settings (except where legally permitted)
• Predictive policing systems that profile individuals
• AI systems that assess creditworthiness based solely on profiling or automated processing

This list reflects both current legal standards and sundae_bar’s intent to align with emerging AI safety and ethics regulations globally.

¹‘AI system’ is defined broadly in legal and regulatory context, including in the EU AI Act which defines AI system as “a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments”. In the Terms, the AI system means the system described above;

Weapons and Harmful Devices (including Potentially Harmful Applications):

• AI Agents that provide instructions, blueprints, or guidance for creating, modifying, or obtaining weapons (including firearms, explosives, chemical weapons, biological weapons, or improvised weapons) and/or harmful devices
• AI Agents designed to assist in weapons and/or harmful devices procurement, modification, or distribution
• AI Agents that facilitate access to restricted or illegal weaponry and/or harmful devices

Dangerous Substances and Harmful Compounds:

• AI Agents that provide formulas, instructions, or guidance for creating dangerous substances (including chemicals, toxins, poisons, or explosives) and/or other harmful compounds
• AI Agents that assist in the procurement or synthesis of controlled substances, illegal drugs, hazardous materials and/or other harmful compounds
• AI Agents designed to help circumvent safety protocols for dangerous materials and/or other harmful compounds

Physical Harm and Violence:

• AI Agents that encourage, facilitate, or provide guidance for harm, self-harm, suicide, or violence against others
• AI Agents designed to assist in planning or executing harmful activities against individuals or groups
• AI Agents that provide tactical guidance for causing physical harm and/or violence

Safety and Security Circumvention:

• AI Agents designed to bypass security systems, safety protocols, or protective measures
• AI Agents that facilitate unauthorised access to critical infrastructure, transportation systems, or emergency services

Any AI system and/or AI Agent that sundae_bar determines, in its sole and absolute discretion, poses significant risks to individuals or society.

4.3 Restricted AI Systems and/or AI Agents

Certain types of AI Agents may present elevated risks and are subject to stricter submission requirements. If you are submitting an AI Agent that operates in a sensitive or regulated domain, sundae_bar may require additional documentation, disclosures, or confirmations before listing

Examples include AI Agents with:

• AI systems processing biometric data
• AI systems used in healthcare or medical diagnosis
• AI systems for financial services or credit assessment
• AI systems used in education or professional qualification assessment
• AI systems deployed in critical infrastructure
• AI systems used for content moderation or automated decision-making affecting individuals
• AI systems that may fall under enhanced regulatory requirements in jurisdictions where sundae_bar operates
• AI systems with dual-use potential that may have legitimate applications but could be adapted for weapons creation or harmful purposes

4.4 Testing and Certification

• sundae_bar reserves the right to test and audit AI Agents
• Restricted AI systems may require pre-approval and certification
• Performance benchmarks must be maintained
• Regular compliance audits may be conducted
• Additional documentation required for AI systems processing personal data

To maintain platform quality and User trust, sundae_bar reserves the right to review, reject, or remove any submitted AI Agent at its sole and absolute discretion. We may request additional documentation, testing access, or evidence of compliance for AI Agents in sensitive and/or any applicable domains or involving regulated technologies.

Examples of discretionary requests may include:

• Documentation of how personal data is handled
• Disclosures of intended use and limitations
• Evidence of risk assessment or human oversight measures

Submission of this information does not constitute an endorsement or certification by sundae_bar. Final listing decisions are at sundae_bar’s sole and absolute discretion.

4.5 AI Agent Removal

AI Agents may be removed for at sundae_bar’s sole and absolute discretion, including with respect to the following:

• Failure to meet quality, technical and/or performance standards
• Producing biased, harmful, or inappropriate outputs
• Misrepresenting capabilities or functionality
• Security vulnerabilities or data breaches
• Violation of any applicable laws or regulations
• Copyright infringement or intellectual property (IP) violations

5. User Levels and Performance

Your User level depends on performance metrics. Higher User levels can get better benefits (which may vary over time, including increased visibility, earlier access to new features or expanded Platform capabilities), poor performance can result in Account restrictions, limitations on Platform features and/or violation response system in 12 below.

5.1 Level System

Users gain Account levels based on:

• AI Agent performance and reliability
• Customer satisfaction ratings
• Order completion rates
• Response times and support quality
• Compliance with Platform standards

Poor performance may result in level reduction or Account restrictions, limitations on Platform features and/or violation response system in 12 below.

5.2 Performance Monitoring

• Continuous monitoring of AI Agent performance and User metrics by internal team and Users
• Automatic level adjustments based on performance data
• Warning system before penalties or removals, as per violation response system in 12 below
• Clear improvement pathways for level recovery

6. Reviews

Third party (including customer) reviews are essential for maintaining quality. Fake reviews or review manipulation is prohibited.

6.1 Review System

• Reviews are based on actual AI Agent performance and customer experience
• Reviews cannot be removed unless they violate our Terms
• Attempts to manipulate reviews will result in Account restrictions, limitations on Platform features and/or violation response system set out in 12 below
• Both buyers and Users may leave reviews once the tool is integrated on the platform.

6.2 Review Authenticity

• All reviews must come from legitimate orders
• Fake reviews or review exchanges are prohibited
• Withholding service delivery to gain favourable reviews is prohibited
• Soliciting review removal through mutual cancellations is not allowed

7. Payment of Fees and Taxes

The payment, subscription, transaction, and fee provisions set out in this Section apply solely to Marketplace AI Products made available through the sundae_bar Platform. These provisions do not apply to participation in Subnet 121, submission of SN121 Agents, or any evaluation, benchmarking, or challenge activity conducted in connection with Subnet 121.Valid payment method required for monetization features, subscription plans, and transaction processing and any other applicable fees. No refunds on subscription or advertising fees.

7.1 Payment Processing

• Valid payment method must remain on file for subscription or any other applicable fees
• Transaction fees deducted automatically from sales proceeds
• Subscription fees billed monthly in advance
• Account suspension possible if payment fails within 28 days
• Prices are subject to change with 30 days advance notice
• Payments are non-refundable unless required by law
• Relevant subscription terms to be automatically renewed
• Cancellation must be requested before renewal

7.2 Taxes and Refunds

• All fees exclusive of applicable taxes (your responsibility as set out in 12 below)
• No refunds on subscription or advertising fees
• You are responsible for determining, paying and/or remitting all applicable taxes

8. Application Programming Interface (API) and Integration Terms

If you use our APIs, you must follow rate limits, security protocols, and documentation. No reverse engineering or unauthorised data collection is allowed.

8.1 API Usage

Use of sundae_bar APIs is subject to:

• Published rate limits and usage quotas
• Compliance with API documentation and sundae_bar’s best practices
• Proper authentication and security protocols
• Prohibition on reverse engineering or unauthorised access
• Restrictions on bulk data collection without permission
• No malicious use or attempts to compromise system security

8.2 API Access Rights

• We may grant you a limited, non-exclusive, non-transferable, and revocable licence to use our APIs
• API access may be suspended or terminated for any violations set out in 12 below
• We reserve the right to modify API functionality with reasonable notice

9. AI Agent Listings and Paid Interactions

This Section 9 applies solely to Marketplace AI Agents listed or submitted for listing on the sundae_bar Platform.

AI Agents submitted solely for evaluation, benchmarking, or challenge participation in connection with SN121 Agents are not offered for sale as standalone products, are not listed on the marketplace, and are not made available to customers as independent AI Products.

SN121 Agents are submitted for the purposes of evaluation, comparison, and contribution to the development and benchmarking of sundae_bar’s Generalist Agent.

While SN121 Agents are not independently deployed or commercialised, sundae_bar may, as permitted under these Terms, incorporate, adapt, modify, or deploy materials derived from SN121 Agent submissions, in whole or in part, within the Generalist Agent or other sundae_bar products or services.

Any such use occurs within a single unified system owned and controlled by sundae_bar, and does not grant the submitter any ownership interest, attribution right, or entitlement in the Generalist Agent or any resulting commercial offering, except as expressly provided in these Terms.

Such SN121 Agents are submitted as components contributing to the evaluation, training, and improvement of sundae_bar’s Generalist Agent and are not independently deployed or commercialised.

Participation in Subnet 121, including the submission of SN121 Agents for evaluation or challenge participation, is voluntary and does not create any employment, contractor, partnership, or agency relationship with sundae_bar.

Except for any rewards or incentives expressly defined in connection with Subnet 121 or the Underlying Protocol, participation does not give rise to any expectation of compensation, remuneration, revenue share, or other payment from sundae_bar.

9.1 Platform Transactions

sundae_bar offers monetization features that allow Users to purchase access to AI Products, including Marketplace AI Agents, directly through the sundae_bar Platform.

Transactions made through the Platform are processed via third-party payment providers (including Stripe). Pricing, licence terms, and usage conditions are set by the listing User and disclosed in the relevant listing or at checkout. sundae_bar does not set pricing, guarantee payouts, or control settlement timing, and is not responsible for payment processing, which is subject to the applicable third-party provider’s terms.

sundae_bar will not be a party to individual transactions between Users, but will facilitate access, payment, and basic transaction visibility to support trust and Platform integrity. sundae_bar accepts no responsibility or liability whatsoever for AI Products listed or provided by Users

9.2 Listing Accuracy and Responsibility

Users must ensure that their listings accurately describe the functionality, limitations, and access method for their Marketplace AI Agents. For paid Marketplace AI Agents, failure to deliver a working implementation or honor the stated terms of use may result in refund action, listing suspension, or other enforcement measures set out in 12 below.

9.3 External Transactions (Current State)

Any interactions or purchases made on external sites linked from AI Agent listings are solely the responsibility of the User and the third-party provider. sundae_bar does not currently manage or mediate these transactions and accepts no responsibility or liability whatsoever for these transactions.

9.4 Subnet 121 Program Rules

Participation in Subnet 121 is governed by rules for each challenge or evaluation, as determined by sundae_bar from time to timeTo be eligible for rewards, Users may be required to provide a valid wallet address.

Submissions may be made publicly visible and downloadable. Users must not include secrets, credentials, or confidential information.

sundae_bar may verify submissions and may disqualify entries or withhold rewards for violations of these Terms or applicable law.

Users may not commercially exploit, resell, or deploy any code visible or accessible through Subnet 121 outside the Platform.

10. Your Responsibilities

Unless expressly stated otherwise, this Section 10 applies to Users solely in respect of Marketplace AI Agents listed or submitted for listing on the sundae_bar Platform.

You are responsible for your Marketplace AI Agents' functionality, performance, security, and compliance. You must use our Platform and transaction system.

10.1 General Responsibilities

• Provide accurate descriptions and functionality specifications for your AI Agents
• You are the service provider responsible for development, operation, and maintenance of the AI Agents
• Ensure that AI Agents are functional, secure, and accurately described
• Comply with all applicable laws and regulations, particularly AI and data protection laws and regulations
• When using sundae_bar’s monetization features, transactions must be processed through sundae_bar’s designated payment system.
• Maintain appropriate security measures and customer support

10.2 AI-Specific Responsibilities

• Regulatory Compliance: Ensure that AI Agents comply with all applicable AI legislation and regulatory frameworks, including but not limited to UK AI regulations, the EU Artificial Intelligence Act (“EU AI Act”) (where applicable), and sector-specific requirements
• Risk Assessment: Conduct appropriate risk assessments for AI systems and implement necessary safeguards
• Documentation: Maintain comprehensive documentation of AI systems capabilities, limitations, and intended use cases
• Transparency: Provide clear information about AI decision-making processes where required by law, regulation or platform standards
• Human Oversight: Implement appropriate human oversight mechanisms for AI systems affecting individuals
• Data Governance: Ensure proper data handling, processing, and protection in accordance with applicable privacy laws and regulations, including the UK General Data Protection Regulation (GDPR)
• Impact Assessment: Conduct impact assessments for AI systems that may significantly affect individuals or groups
• Continuous Monitoring: Monitor AI Agent performance and outputs for any bias, errors, and/or harmful content
• Regulatory Updates: Stay informed of and comply with evolving AI legal and regulatory requirements in applicable jurisdictions

Notwithstanding the scope of this Section 10, the following obligations apply to all AI Agents submitted by you, including Marketplace AI Agents and SN121 Agents:

• Ensure that any individuals working for you or on your behalf who have contributed to or participated in the development of your AI Agents have assigned all their rights, title, and interest in such AI Agents to you prior to submission
• Comply with the terms of any applicable software licences and do not infringe upon the intellectual property rights of any third party

11. sundae_bar Rights

We control sundae_bar Platform access and can modify Service(s). We can at our sole and absolute discretion refuse or remove Marketplace AI Agents that violate the Terms or any applicable laws or regulations. Our rights include, but are not limited to:

• Right to modify Service(s) at any time
• Right to refuse, suspend, or remove AI Agents from the sundae_bar Platform, or to exclude AI Agents from evaluation, leaderboards, or challenge participation where applicable
• Right to provide Service(s) to your competitors (without sharing your confidential information)
• Right to determine rightful account ownership in disputes
• Any verbal or written abuse of staff results in the right to immediate Account termination
• We provide the service "as is" and "as available" without guarantees of continuous availability

sundae_bar exercises these rights at its sole and absolute discretion but aims to maintain a fair, inclusive, and trustworthy environment for both AI Agent developers and Users.

12. User Conduct and Violations

Users are required at all times to maintain professional conduct. Violations may result in warnings, Account suspension and/or violation response process set out below. We have processes for content moderation and appeals.

Section 12 applies to all Users and all AI Agents submitted or listed on the Platform, including Marketplace AI Agents and SN121 Agents

12.1 Prohibited Content and Conduct

You agree not to post any content or engage in any conduct as follows:

• Circumventing the Platform: Using external payment methods or contact details
• Inappropriate Behaviour: Abusive language, discrimination, harassment
• Fraudulent Activity: Multiple accounts, fake reviews, untrue, inaccurate or misleading information
• IP Violations: Copyright, trademark or any intellectual property infringement of any applicable jurisdiction
• Adult Content: Pornographic or any other inappropriate materials
• Spam and Phishing: Malicious content or unsolicited communications
• Illegal or Harmful: Illegal, harmful, or fraudulent content or conduct
• Impersonation: Impersonation of others or misrepresentation of identity
• Privacy Violations: Violation of privacy rights of individuals
• Malware: Malware, viruses, or harmful code
• Discriminatory: Discriminatory, hateful, or violence promoting content or conduct

12.2 AI-Specific Violations

For SN121 Agents, the provisions of this Section apply to the design, claimed capabilities, training data usage, and intended use of the AI Agent, and to conduct associated with its submission, and do not imply commercial deployment or real-world operation by sundae_bar.

• Prohibited AI Systems: Developing or listing AI systems that sundae_bar determines (in its sole discretion) pose significant risks or are or may be prohibited under applicable AI legal and regulatory frameworks
• Regulatory Non-Compliance: Operating AI systems without required approvals, certifications, or legal and regulatory compliance of any applicable jurisdiction
• Harmful AI Outputs: AI agents that violate AI safety standards or produce harmful, biased, or discriminatory outputs
• Misrepresenting AI Capabilities: False claims about AI performance, accuracy, or functionality
• Security Failures: Failing to implement adequate security measures or experiencing preventable data breaches (each as determined by sundae_bar)
• Unauthorised AI Applications: Using AI Agents to circumvent sundae_bar Platform rules or applicable laws and regulations
• Derivative AI Creation: Creating derivative AI Agents without proper licensing or IP rights
• Mass Surveillance: Developing AI systems for unauthorised surveillance or social scoring
• Manipulation: Creating AI systems designed to manipulate human behaviour or exploit vulnerabilities
• Regulatory Evasion: Attempting to circumvent or avoid compliance with applicable AI legal and regulatory requirements
• Harmful Applications: Developing AI Agents that facilitate physical harm, weapons creation, or dangerous substance production

12.3 Violation Response System

• Warnings: First response to minor violations (as determined by us in our discretion)
• Account Restrictions: Temporary limitations on Account features
• Level Reduction: Performance-based tier adjustments
• Account Suspension and Closure: Temporary or permanent Account closure
• Content Removal: Immediate removal of violating AI Agents or content

12.4 Appeals Process

• Clear complaint process through customer support
• Objective review of all appeals

13. Intellectual Property and Ownership

You retain ownership of your AI Products, including any AI Agents and related materials, submitted as Marketplace listings on the sundae_bar Platform. Licences granted to sundae_bar under this Section 13 differ depending on whether an AI Product is submitted as a Marketplace listing or as an SN121 Agent.By submitting an SN121 Agent, you grant Sundae Bar Plc a worldwide, non-exclusive, irrevocable, royalty-free licence:

• to use learnings derived from such submission, in combination with other submissions and internal development processes, to inform the ongoing development and operation of sundae_bar’s Generalist Agent; and
• to use submissions to inform, improve, and operate sundae_bar’s Generalist Agent, that will be made available for commercial use by sundae_bar,

by using, evaluating, testing, benchmarking, and analysing such SN121 Agent solely in connection with Subnet 121 evaluation, benchmarking, scoring, publication of results, and internal research and development.

• This licence permits sundae_bar to use non-attributable performance insights, evaluation outputs, and learnings derived from SN121 Agent submissions to inform, improve, and operate sundae_bar’s Generalist Agent. Such use is cumulative and non-attributable, and the Generalist Agent is not a derivative work of any individual SN121 Agent.
• In addition, and as permitted under these Terms, this licence provides that sundae_bar may incorporate, adapt, modify, or deploy, in whole or in part, materials derived from submissions, together with internal development and third-party components, within a single unified agent system owned and controlled by sundae_bar.

For the avoidance of doubt, no submission or contributor obtains any ownership interest, authorship, attribution right, or continuing claim in the Generalist Agent except as expressly provided in these Terms.

Except for any protocol-level incentives expressly defined in connection with Subnet 121, submission of an SN121 Agent does not grant the User any ownership interest, attribution right, or entitlement in the Generalist Agent or related commercial products or services.

13.1 Platform Content

The Service(s) and its original content (excluding content provided by Users), features, and functionality are owned by sundae_bar and are protected by international copyright, trademark, patent, trade secret, and any other intellectual property laws and regulations.

13.2 Licence Grant to Users

We grant you a limited, non-exclusive, non-transferable, and revocable licence to use the Service(s) for personal or business purposes in accordance with these Terms.

13.3 Your Marketplace AI Agents and Materials

• You retain ownership of your AI Agents and materials
• You grant sundae_bar a worldwide, non-exclusive, irrevocable royalty-free licence(s) to use, reproduce, modify, adapt, publish, translate, and distribute your content for Platform operation
• You must have all necessary rights to grant these licences
• AI Agents must not infringe any third-party intellectual property rights

13.4 Rights Assignment from Contributors

You represent and warrant that any individuals working for you or on your behalf who have contributed to or participated in the development of your AI Agents have assigned all rights, title, and interest in such AI Agents to you prior to submission of any AI Agents to the sundae_bar Platform or for evaluation in connection with Subnet 121.

13.5 Marketplace AI Agents Buyer Rights

• Unless otherwise specified, buyers receive all necessary usage rights for delivered work
• Some services may charge additional fees for commercial use licences
• Voice-over services may require separate broadcast rights purchases
• Rights transfer subject to full payment completion
• For SN121 Agents, the licence granted to sundae_bar, as set out in this Section 13, includes evaluation, benchmarking, testing, and related publication of results in connection with Subnet 121, and to the selection and incorporation of outputs, performance insights, and evaluation learnings into the development, improvement, and commercial offering of sundae_bar’s Generalist AI agent.

13.6 Platform Content Usage

• sundae_bar may use delivered work that buyers agree to publish for marketing purposes
• User-generated content may be used for sundae_bar Platform operation and marketing
• Logo designs and public content may be used for promotional purposes

14. Content Moderation and Safety

This Section 14 applies to AI Agent listings, content, and activity made publicly available on the sundae_bar Platform. For AI Agents submitted solely for evaluation in connection with Subnet 121, the provisions of this Section apply to submission materials, claimed capabilities, evaluation outputs, and associated conduct, and do not imply live deployment, continuous monitoring, or customer-facing operation by sundae_bar.

We monitor sundae_bar platform content and AI Agent behaviour to maintain safety and quality standards.

14.1 Monitoring and Review

• Continuous monitoring of AI Agent outputs and behaviours
• Automated systems to detect policy violations
• Manual review processes for flagged content
• Community reporting mechanisms for any inappropriate content set out in 13 above

14.2 Submission Review and Reporting

sundae_bar reviews submitted AI Agent listings before they appear publicly to ensure they meet sundae_bar platform standards. While we do not monitor live AI Agent outputs, we reserve the right to remove listings that are reported and found to be untrue, inaccurate, misleading, harmful, or in violation of the Terms.

A community reporting system is available to flag inappropriate AI Agents or behaviour, including set out in 13 above. Reported content may be reviewed by our team and moderated at our sole and absolute discretion.

14.3 Safety Measures

• Content scanning for policy violations and harmful outputs
• Fraud detection algorithms for suspicious activities
• Image and text analysis for prohibited content
• Compliance monitoring for restricted AI applications

We maintain internal safeguards to support sundae_bar Platform integrity, including manual review of AI Agent listings and User reporting mechanism. While sundae_bar does not scan AI Agent output in real-time, we may act on flagged content to protect Users and/or customers and uphold our standards.

15. Limitation of Liability and Indemnification

Except as expressly stated otherwise, this Section 15 applies to Marketplace AI Agents and to Users’ participation in the sundae_bar Platform. For SN121 Agents submitted solely for evaluation, sundae_bar does not deploy, operate, or make such standalone agents available to customers.

15.1 Service Disclaimer

• Services provided "as is" and "as available"
• We give no representations, warranties or undertakings regarding Marketplace AI Agent functionality, performance, compliance or security
• We are not in any way responsible or liable for Marketplace AI Agent malfunctions, errors, security vulnerabilities or illegal and/or fraudulent activity
• We do not guarantee Marketplace AI Agent performance or customer satisfaction

In general, sundae_bar accepts no liability with respect to the Service(s) and/or the Platform, except to the extent that liability cannot be excluded or limited by law and/or regulation.

15.2 Liability Limitations

• We have no or limited liability for Platform operations and/or the Service(s) (to the full extent permitted by law and/or regulation)
• We are not liable for any indirect, consequential, punitive or similar types of damages
• We are not in any way responsible or liable for AI Agent functionality, performance, compliance or security
• Our maximum liability is limited to fees paid by you to us in the preceding 12 months prior to the date of your successful claim, such claim being finally judicially determined by an applicable court of law.

For Users who have not paid necessary fees to sundae_bar, including Users participating solely in Subnet 121 challenges, sundae_bar’s maximum aggregate liability shall be zero, to the fullest extent permitted by law.

15.3 User Indemnification

You agree to fully indemnify and hold sundae_bar harmless from any (i) direct or indirect losses, damages, costs, charges or expenses (including legal and any other applicable adviser fees), and/or (ii) actual or potential claims, actions, liabilities, demands or proceedings arising from:

• Your breach of any provision of these Terms of Service
• Your violation of any laws or third-party rights
• Any aspect of your AI Agents (including functionality, performance, compliance, security or data breaches)
• Transactions between you and your customers (where applicable)
• AI Agent outputs, behaviours, or malfunctions
• Your use of the Service(s) and/or of the Platform
• Your content
• Your violation of any third-party rights

16. Privacy and Data Protection

Our Privacy Policy governs data collection. This is critical given AI Agents process personal data.

sundae_bar’s collection and use of personal information in connection with the Platform and the Service(s) is governed by our Privacy Policy.

Users are responsible for ensuring that any AI Agents they submit, whether as Marketplace AI Agents or SN121 Agents submitted for evaluation, comply with applicable data protection and privacy laws. For SN121 Agents, any processing of personal data must be limited to lawful, appropriately anonymised, synthetic, or otherwise permitted data used solely for evaluation purposes, and does not imply live or production data processing by sundae_bar.

17. Term and Termination

Either party can terminate the Terms. You can terminate by giving us two months’ notice via email to legal@sundaebar.ai. We can terminate by giving you two weeks’ notice via email to your Primary Email Address (and if not provided by you, to any email address that you have provided to us). Upon termination, your AI Agents are removed from the marketplace.

17.1 Termination Rights

• You may cancel your Account by contacting customer support via email
• We may suspend or immediately terminate Accounts for violations set out in 12 above, abuse and/or fraudulent activity

We may also terminate immediately or suspend your Account if you:

• Violate any provision of these Terms, in particular 12 above
• Provide untrue, inaccurate or misleading information
• Engage in any fraudulent activity
• In any way abuse our Service(s) and/or the Platform

17.2 Effects of Termination

• AI Agent listings removed from marketplace
• No refunds of subscription fees
• Outstanding transaction fees paid per standard schedule to be provided in due course
• Access to the Services and/or the Platform immediately ceased
• sundae_bar may retain and continue to display previously published public content (e.g. AI Agent listings or contributions) unless removal is requested and does not conflict with our legal or regulatory obligations
• Any licences or rights granted to sundae_bar under Section 13 shall survive termination of the Account

For Users participating in Subnet 121, termination may also result in removal of SN121 Agents from active evaluation, leaderboards, or challenge participation, and cessation of access to Subnet 121-related submission or evaluation interfaces. For the avoidance of doubt, any licences or rights granted to sundae_bar under Section 13 in respect of SN121 Agents shall survive termination of the Account.

18. Dispute Resolution

Disputes must first be resolved through negotiation, then mediation, and finally binding arbitration if necessary.

18.1 Resolution Process

Any disputes shall be resolved through the following escalation process:

Initial informal negotiation (30-day period from written notice of dispute)

Mediation through an agreed mediator (if negotiation fails within 30 days from commencement of negotiation)

Binding arbitration under London Court of International Arbitration (LCIA) rules (as a final resort, if mediation fails within six months from commencement of mediation)

18.2 Arbitration Terms

• Single arbitrator appointment by mutual agreement or LCIA appointment
• Location of arbitration will be London, England
• Language of arbitration will be English
• Costs will be allocated as per arbitrator decision
• Arbitrator’s award shall be final and binding

18.3 Exceptions

Nothing in this Section prevents either party from seeking injunctive relief in court, including for intellectual property violations or breach of confidentiality.

19. General Conditions

19.1 Governing Law

• Terms governed by and construed in accordance with English law
• Exclusive jurisdiction of English courts (except for arbitration as set out in 18 above)
• If any provision of the Terms is invalid or not yet applicable, the remaining provisions shall remain in full force and effect

19.2 Modifications

• We may update and/or change the Terms with reasonable advance notice (minimum 30 days for material changes)
• Material adverse changes to the Terms will be notified via email and website notice
• Continued use after changes constitutes acceptance of the updated Terms

19.3 Assignment

• You may not assign these Terms without our written consent
• sundae_bar may assign Terms without consent and/or notice
• Terms constitute entire agreement between parties

Contact Information

Sundae Bar Plc
6th Floor, 99 Gresham Street
London EC2V 7NG, United Kingdom
Email: legal@sundaebar.ai