Terms of Service

Terms of Service

Last updated: March 15, 2026

These Terms of Service (“Terms”) govern your use of Qark, a desktop AI agent kernel developed by Qark (“we,” “our,” or “us”). By downloading, installing, or using Qark, you agree to these Terms. If you do not agree, do not install or use the software.

Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to purchase or use Qark. By agreeing to these Terms, you represent and warrant that you meet this requirement. If you are using Qark on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

License Grant

Qark is licensed software, not sold. Upon purchase, we grant you a personal, non-exclusive, non-transferable, revocable license to install and use Qark on your device, subject to these Terms. All rights not expressly granted are reserved.

License Types

• Standard License — Includes one (1) year of software updates from the date of purchase. After one year, the application continues to function indefinitely on the last version received. Update access may be renewed at $19/year (optional).
• Lifetime License — Includes lifetime software updates at no additional cost. Limited availability; terms may change for future new purchases.

Your license does not grant you ownership of the software, access to its source code, or any intellectual property rights beyond what is expressly stated in these Terms.

Device Activation

Each license permits activation on one (1) device at a time. When you activate Qark, your license is bound to that device via a unique, anonymized machine identifier.

• You may not run Qark simultaneously on multiple devices under the same license.
• To transfer your license to a new device, you must first deactivate it in Qark’s settings or by contacting us. Once deactivated, activation on a new device is permitted.
• If your device is lost, stolen, or otherwise inaccessible, contact us at [email protected] and we will deactivate the old device remotely so you can activate on a new one.
• Attempting to activate on a second device without deactivating the first will be rejected by our licensing server.
• We reserve the right to adjust activation allowances at our discretion, and will communicate any changes in advance.

Free Trial

We offer a 7-day free trial with full access to all features. No credit card or account is required. At the end of the trial period, a license purchase is required to continue using Qark. No data is lost if you do not purchase — your local data remains on your device.

5. Pricing and Payment

• All prices are listed in USD unless otherwise specified at checkout.
• Payments are processed by our third-party payment processor. We do not store your payment card details.
• Applicable taxes (including VAT, GST, or sales tax) may be added at checkout depending on your jurisdiction.
• Prices are subject to change. Any price changes will not affect licenses already purchased.

Refund Policy

General Policy

Because Qark offers a full-featured 7-day free trial with no credit card required, we generally do not offer refunds after a license has been purchased. We encourage all users to evaluate the software thoroughly during the trial period.

If you experience a technical issue that prevents you from using Qark, please contact us at [email protected] and we will make every reasonable effort to resolve it.

EU & EEA Consumers — Right of Withdrawal

If you are a consumer located in the European Union or European Economic Area, you have the right to withdraw from your purchase within 14 days of the transaction date without giving any reason, in accordance with the EU Consumer Rights Directive (2011/83/EU).

However, by downloading and installing Qark after purchase, you expressly acknowledge and consent to the immediate performance of the contract, and you accept that your right of withdrawal is waived upon installation, as permitted under Article 16(m) of the Directive.

If you have not yet downloaded or installed Qark, you may exercise your right of withdrawal by contacting us at [email protected] within 14 days of purchase.

UK Consumers

Consumers in the United Kingdom have similar rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The same conditions regarding digital content and waiver of withdrawal rights upon installation apply as described above.

Australian Consumers

Nothing in these Terms limits or excludes any guarantees, warranties, rights, or remedies that you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), which cannot be excluded, restricted, or modified. If the software has a major failure, you are entitled to a remedy under that law.

Your API Keys and Data

• You are responsible for obtaining your own API keys from third-party providers and for all costs incurred through your use of those services.
• Qark connects directly to providers using your keys. We do not proxy, intercept, log, or have any access to your API traffic or conversations.
• All conversation data, API keys, settings, and documents are stored locally on your device. We do not transmit this data to our servers.
• API keys are encrypted on disk using a per-installation encryption key generated locally on your machine.
• You are solely responsible for the security of your device, your API keys, and your local data. We cannot recover lost conversations, settings, or files.
• You are solely responsible for backing up your local data. We recommend regular backups and accept no liability for data loss due to hardware failure, accidental deletion, or other causes.

Acceptable Use

You agree to use Qark only for lawful purposes and in a manner consistent with these Terms. You agree not to:

• Reverse engineer, decompile, disassemble, or attempt to extract the source code of Qark
• Create derivative works based on Qark or any part of it
• Redistribute, sublicense, resell, rent, lease, or otherwise transfer your license or access to any third party
• Share your license key publicly or with others
• Use Qark to violate any applicable local, national, or international law or regulation
• Attempt to bypass, disable, spoof, or circumvent Qark’s license validation or activation mechanisms
• Use automated tools to scrape, extract, or systematically access Qark’s code, assets, or bundled resources
• Use Qark to develop a competing product or service
• Engage in any conduct that could damage, disrupt, or impair Qark’s services, infrastructure, or reputation

We reserve the right to terminate your license immediately and without refund if you engage in any prohibited activity.

Third-Party Services

Qark integrates with a range of third-party services via your own API keys. These include:

• AI Providers: Anthropic, OpenAI, Google Gemini, Groq, Together AI, xAI, OpenRouter, Perplexity, DeepSeek, Ollama, LM Studio
• Search & Web Providers: Tavily, Brave Search, Exa, Jina AI, Valyu
• Embedding & Reranking Providers: Cohere, Voyage AI, Jina AI
• Tool Integrations: Services connected via MCP (Model Context Protocol) and other extension interfaces

With respect to these services:

• Your use of each third-party service is governed solely by that provider’s own terms of service and privacy policy.
• We are not affiliated with, endorsed by, or responsible for any third-party service, its availability, pricing, accuracy, data practices, or conduct.
• Third-party providers may change their APIs, pricing, terms, or discontinue their services at any time. We will make reasonable efforts to maintain compatibility but cannot guarantee uninterrupted access to any third-party service.
• You are responsible for complying with each provider’s terms, usage policies, rate limits, and any applicable export or usage restrictions.
• We are not liable for any charges, damages, or losses resulting from your use of third-party services through Qark.

Intellectual Property

Qark, including its name, logo, design, source code, architecture, user interface, documentation, and all associated materials, is the exclusive intellectual property of Qark and is protected by copyright, trademark, and other applicable intellectual property laws worldwide.

Your license grants you the right to use the software as described in these Terms. It does not grant you any ownership interest or rights beyond those explicitly stated. Any feedback, suggestions, or ideas you provide to us regarding Qark may be used by us freely without compensation or attribution.

Privacy and Data Protection

Your use of Qark is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

GDPR (EU/EEA)

If you are located in the European Union or EEA, you have rights under the General Data Protection Regulation (GDPR), including rights of access, rectification, erasure, restriction, portability, and objection. Because Qark processes virtually no personal data on our end (see Privacy Policy), most GDPR rights are exercised locally on your own device. For the limited data interactions described in our Privacy Policy (license validation and update checks), you may contact us at [email protected] to exercise your rights.

UK GDPR

Users in the United Kingdom have equivalent rights under the UK GDPR and the Data Protection Act 2018.

CalOPPA & CCPA (California)

California residents have rights under the California Consumer Privacy Act (CCPA), including the right to know, delete, and opt out of the sale of personal information. We do not sell personal information. For any inquiries, contact [email protected].

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QARK IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The software will be error-free, uninterrupted, secure, or free from harmful components
• AI outputs generated through Qark will be accurate, complete, reliable, or fit for any particular purpose
• Third-party services will remain available, compatible, or unchanged in their pricing, functionality, or terms
• Local data storage will be immune to corruption, hardware failure, or data loss

You acknowledge that AI-generated content may contain errors, hallucinations, biases, or inaccuracies. You are solely responsible for reviewing, verifying, and taking responsibility for any AI output before acting on it.

Nothing in these Terms affects any non-excludable statutory rights or guarantees you may have under applicable consumer protection law in your jurisdiction.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QARK, ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, punitive, or exemplary damages
• Loss of data, profits, revenue, business, goodwill, or anticipated savings
• Damages arising from AI-generated outputs, recommendations, or decisions made in reliance on them
• Costs incurred through third-party AI or service providers
• Interruption of service, loss of access, or device-related failures

Our total aggregate liability to you, for any and all claims arising under or in connection with these Terms or your use of Qark, shall not exceed the total amount you paid for your Qark license in the twelve (12) months immediately preceding the claim.

Consumer rights notice: Some jurisdictions, including EU member states and Australia, do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, the above limitations apply only to the fullest extent permitted by law, and your statutory consumer rights remain unaffected.

Indemnification

You agree to indemnify, defend, and hold harmless Qark and its affiliates, officers, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of Qark in violation of these Terms
• Your use of third-party services through Qark
• Any content, data, or prompts you process through the application
• Your violation of any applicable law or third-party right

Updates and Modifications

We may release updates to Qark that add features, fix bugs, modify functionality, or address security issues. Updates are delivered based on your license type.

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you via our website, release notes, or within the application, and update the “Last updated” date. You are encouraged to review these Terms periodically.

For EU/EEA consumers: Material changes to these Terms that adversely affect your rights will be communicated with reasonable advance notice. If you do not accept the updated Terms, you may discontinue use of Qark.

Continued use of Qark after changes take effect constitutes your acceptance of the updated Terms.

Termination

Termination by Us

We may suspend or terminate your license immediately and without prior notice if you materially breach these Terms, including but not limited to violations of the Acceptable Use section.

Upon termination:

• You must immediately cease using Qark and delete all copies from your devices.
• Your license key will be deactivated on our licensing server.
• Termination for cause does not entitle you to a refund.

Termination by You

You may stop using Qark at any time. Uninstalling the application and deleting its support files constitutes termination of your use. Paid licenses are non-refundable except as described in Section 6.

Survival

The following sections survive termination: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Disputes, and Entire Agreement.

Export Controls and Sanctions

You agree to comply with all applicable export control laws and regulations, including those of the United States (including the Export Administration Regulations and OFAC sanctions programs) and any other applicable jurisdiction. You represent that you are not located in, or a national or resident of, any country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

Governing Law and Dispute Resolution

General

These Terms shall be governed by and construed in accordance with applicable law. We will always seek to resolve disputes amicably first — please contact us at [email protected] before initiating any formal proceedings.

EU & EEA Consumers

If you are a consumer in the EU or EEA, you benefit from the mandatory consumer protection provisions of your country of residence, which cannot be overridden by these Terms. You may also use the European Commission’s Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr to resolve disputes.

UK Consumers

UK consumers retain the benefit of mandatory consumer protection provisions under UK law.

All Other Users

For users outside the EU/EEA and UK, any dispute arising from or in connection with these Terms that cannot be resolved by good-faith negotiation shall be submitted to binding arbitration or the courts of competent jurisdiction, as mutually agreed.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Qark to be effective.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Qark with respect to your use of the software and supersede all prior agreements, representations, warranties, and understandings, whether written or oral.

Contact

Questions, concerns, or support requests regarding these Terms are welcome.

📧 [email protected]

We aim to respond to all inquiries within 5 business days.