Terms of Service

Effective Date: May 27, 2026 · Last Updated: May 27, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ANKH OU, a company registered under the laws of the Republic of Estonia, operating under the trade names "raked," "Intelium," and associated brands (collectively, "Company," "we," "us," or "our"). By accessing or using raked.app(the "Site") or any products, services, APIs, software, documentation, or materials made available through the Site (collectively, "Services"), you agree to be bound by these Terms.

If you do not agree to these Terms, you must immediately cease all use of the Site and Services.

1. Definitions

"Content" means all text, data, software, code, algorithms, mathematical formulations, documentation, specifications, designs, trade secrets, methodologies, system prompts, pipeline configurations, validation schemas, type-level definitions, scoring algebras, workflow state machines, proof artifacts, and any other material published on or through the Site or Services.

"Intellectual Property" means all patents, patent applications, trademarks, service marks, trade names, copyrights, trade secrets, know-how, algorithms, mathematical derivations, software, source code, object code, APIs, data structures, architectures, designs, documentation, and all other intellectual property rights, whether registered or unregistered, in any jurisdiction worldwide.

"Derived Work" means any work, product, service, algorithm, system, model, or implementation that is based upon, incorporates, adapts, translates, modifies, extends, or is substantially similar to any Content, in whole or in part, including but not limited to works produced by artificial intelligence systems trained on, fine-tuned with, or prompted using Content.

2. Intellectual Property Rights

2.1 Ownership

All Content and Intellectual Property associated with the Site and Services are and shall remain the exclusive property of ANKH OU and its licensors. Nothing in these Terms grants you any right, title, or interest in or to any Intellectual Property, except as expressly set forth herein.

2.2 Trademarks

The names "raked," "ANKH OU," "Intelium," "mcp-guard," and all associated logos, marks, and trade dress are trademarks or registered trademarks of ANKH OU. You may not use any trademark without prior written consent. Unauthorized use constitutes trademark infringement under the European Union Trade Mark Regulation (EU) 2017/1001, the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable international treaties including the Madrid Protocol.

2.3 Copyright

All Content is protected by copyright under the Berne Convention for the Protection of Literary and Artistic Works, the EU Copyright Directive (2019/790), the U.S. Copyright Act (17 U.S.C. § 101 et seq.), and the copyright laws of all EEA member states. Unauthorized reproduction, distribution, modification, or creation of Derived Works is strictly prohibited.

2.4 Trade Secrets

Certain Content constitutes trade secrets protected under the EU Trade Secrets Directive (2016/943), the U.S. Defend Trade Secrets Act (18 U.S.C. § 1836), and the Estonian Competition Act. Misappropriation of trade secrets shall be pursued to the fullest extent of applicable law.

3. Prohibited Conduct

You agree that you will not, directly or indirectly:

Copy, reproduce, distribute, transmit, display, perform, publish, license, or create Derived Works from any Content without express written authorization.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, data structures, mathematical formulations, or architectural designs of any Service.
Use any Content to train, fine-tune, distill, or otherwise improve any machine learning model, artificial intelligence system, large language model, or automated system without express written authorization.
Scrape, crawl, index, or otherwise systematically access the Site for purposes of data collection, competitive intelligence, or content aggregation, except as expressly permitted by our robots.txt file.
Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
Use the Services in any manner that violates applicable law, regulation, or the rights of any third party.
Sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Services or Content without express written authorization.

4. Subscription and Payment

4.1 Merchant of Record

All payments are processed by Paddle.com Market Limitedacting as our Merchant of Record. Paddle handles billing, sales tax, VAT, and payment processing. By purchasing a subscription, you agree to Paddle's terms of service and privacy policy in addition to these Terms.

4.2 Subscription Terms

Subscriptions renew automatically at the end of each billing period. You may cancel at any time through Paddle's customer portal. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods, except as required by applicable consumer protection law.

4.3 Price Changes

We reserve the right to modify pricing with 30 days' notice. Continued use after price changes constitutes acceptance. EU/EEA consumers retain statutory withdrawal rights during any cooling-off period.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANKH OU AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITY, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including but not limited to liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or statutory consumer rights under EU/EEA law.

6. Indemnification

You agree to defend, indemnify, and hold harmless ANKH OU and its officers, directors, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any Derived Work you create.

7. Governing Law

7.1 Primary Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of laws provisions. For Users located in the European Union or European Economic Area, mandatory consumer protection provisions of your country of residence shall apply to the extent they cannot be derogated from by agreement.

7.2 U.S. Users

For Users located in the United States, to the extent not preempted by Estonian law or ICC Rules, the Federal Arbitration Act (9 U.S.C. § 1 et seq.) shall govern the enforceability and interpretation of the arbitration provisions herein.

8. Dispute Resolution

8.1 Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or invalidity thereof, shall be finally settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC), as in force at the time of filing.

8.2 Arbitration Particulars

Number of arbitrators: One (1), unless the amount in controversy exceeds EUR 500,000, in which case three (3).
Seat of arbitration: Tallinn, Estonia.
Language of arbitration: English.
Applicable rules: ICC Rules of Arbitration (2021), as supplemented by the ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration.
Emergency arbitrator: Available under Article 29 and Appendix V of the ICC Rules.
Confidentiality: All proceedings, submissions, and awards shall be confidential.

8.3 Exceptions to Arbitration

Notwithstanding Section 8.1, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, trade secrets, or confidentiality obligations. Such proceedings may be brought in the courts of Estonia, the courts of any EU/EEA member state where enforcement is sought, or any U.S. federal or state court of competent jurisdiction.

8.4 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ANKH OU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. This waiver does not apply where prohibited by mandatory law, including applicable EU consumer regulations.

8.5 Small Claims

For disputes involving amounts below the threshold for small claims proceedings in your jurisdiction, you may elect to bring your claim in the applicable small claims court instead of arbitration.

9. Infringement Ramifications

9.1 Civil Remedies

Any infringement of our Intellectual Property, unauthorized use of Content, or creation of unauthorized Derived Works may result in the Company seeking and obtaining:

Temporary, preliminary, and permanent injunctive relief.
Actual damages, including lost profits and unjust enrichment.
Statutory damages where available under applicable copyright or trademark law.
Disgorgement of profits derived from infringing activity.
Recovery of reasonable attorneys' fees and costs.
Seizure and destruction of infringing materials.

9.2 Criminal Referral

The Company reserves the right to refer willful infringement, trade secret misappropriation, or unauthorized access to the appropriate criminal authorities under the EU Trade Secrets Directive, the U.S. Economic Espionage Act (18 U.S.C. § 1831), the Computer Fraud and Abuse Act (18 U.S.C. § 1030), or equivalent laws in any applicable jurisdiction.

9.3 Liquidated Damages

In the event of unauthorized commercial use of Content, including but not limited to AI training data extraction, you agree that actual damages would be difficult to calculate and that liquidated damages of EUR 50,000 per instance of infringement, or the greater of actual damages and statutory damages, shall apply. The parties agree this amount is a reasonable estimate of anticipated loss and not a penalty.

10. AI Training Data Prohibition

Without limiting the generality of Section 3, you specifically agree that no Content may be used, directly or indirectly, as training data, fine-tuning data, evaluation data, retrieval-augmented generation source material, or in-context learning examples for any machine learning model or artificial intelligence system, whether commercial or non-commercial, without express written authorization from ANKH OU. This prohibition applies to all Content, metadata, subtext, substrate, context, mathematical formulations, code, algorithms, and any information derivable from the Site.

11. Data Protection

Our processing of personal data is governed by our Privacy Policy, which is incorporated herein by reference. We comply with the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the California Consumer Privacy Act ("CCPA"), and all applicable data protection laws in the jurisdictions where we operate.

12. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated via the email address associated with your account or by prominent notice on the Site, with at least 30 days' notice before changes take effect. Continued use after the effective date constitutes acceptance. If you do not agree to modified Terms, you must cease use of the Services.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitral tribunal of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms, together with the Privacy Policy, Security Disclosure Policy, and any applicable Subscription Agreement, constitute the entire agreement between you and ANKH OU with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings.

15. Contact

For legal inquiries, notices, or DMCA/copyright takedown requests:

Entity: ANKH OU
Email: rake@mechanist.ai
Jurisdiction: Republic of Estonia, European Union