Terms of Sale & Use

These Terms of Sale & Use (the “Terms”) are a binding agreement between you and PORTABLEMIND, Inc.(“PortableMind”, “we”, “us”), a corporation organized under the laws of the State of Delaware, United States.

They apply when you buy a PortableMind product, use the firmware and models on a PortableMind drive, or use portablemind.io. Placing an order or using the product means you accept them. If you do not accept them, do not order, and do not use the drive.

Our Privacy Policy, Returns & Refunds policy, and Shipping policy are part of these Terms by reference.

You must be at least 18 years old and able to form a binding contract. If you are ordering for a company or other organization, you confirm you are authorized to bind it, and “you” means that organization.

We sell to consumers and small businesses. We may decline or cancel any order, including for suspected fraud, reseller activity we have not agreed to, a destination we cannot lawfully ship to, or a pricing error. If we cancel an order you already paid for, you get a full refund and that is our entire liability for the cancellation.

A PortableMind product is a USB drive, sold to you outright, with firmware and a set of AI models already written to it, plus a license to use that software. There is no subscription, no account, and no recurring charge. We do not bill you again for a purchase you already made.

The drive runs offline on your own computer. It requires a compatible Windows or macOS machine that meets the requirements shown on the product pages. It is your responsibility to check that your hardware meets them before you open the package, because opening it ends your return right (see section 10).

Product photographs, model line-ups, capacities, and performance figures describe the product as configured when published. We may substitute components of equal or greater capability, including a different drive enclosure or a newer model of comparable quality, without notice.

You own the physical drive. You do not own the software on it. We grant you a personal, worldwide, non-exclusive, non-transferable, revocable license to use the PortableMind firmware, interface, prompt packs, and bundled models for your own purposes, personal or commercial, on the drive you bought.

What the license allows

• Using PortableMind for anything lawful, including commercial work. Output you generate is yours, subject to section 5.
• Running the drive on more than one of your own computers, one at a time.
• Making a personal backup image of your own drive for recovery.
• Reselling or gifting the physical drive, provided you transfer it whole, keep nothing behind, and the recipient accepts these Terms.

What the license does not allow

• Copying, cloning, or distributing the firmware image to other drives, whether or not you charge for it.
• Selling, renting, sublicensing, or publishing the software separately from the drive it came on.
• Removing or altering copyright notices, license files, or branding.
• Reverse engineering, decompiling, or disassembling the proprietary parts of the firmware, except where that restriction is unenforceable under the law where you live, or where an open-source license included on the drive expressly permits it.
• Using the product to build a competing offline AI product, or to operate a commercial service that resells access to the drive's models.

If you breach this section, the license ends automatically. You keep the hardware.

PortableMind bundles open-weight AI models and open-source software built by other people, including models in the Llama, Qwen, Gemma, and Mistral families, and speech components such as Whisper and Piper. We did not train these models and we do not claim ownership of them.

Each of those components remains governed by its own license, which ships alongside it on the drive. Some of them, notably the Llama and Gemma families, carry their creators’ acceptable use policies, and those restrictions pass through to you as an end user. Where a third-party license is more permissive than these Terms, the third-party license governs that component. Where it imposes an additional restriction, that restriction applies on top.

As between you and us, you own the output you generate with the product. We claim no license to it, we never see it, and we cannot see it. Be aware that AI output may not be copyrightable in every jurisdiction, and that we make no representation that any particular output is free of third-party rights.

This is the most important section in this document. Read it even if you skip the rest.

• Medical, first aid, and triage features are general reference information only. They are not medical advice, not a diagnosis, and not a treatment plan. In an emergency, contact emergency services if you possibly can.
• Legal, tax, financial, and insurance output is general information, not professional advice, and not a substitute for a licensed professional in your jurisdiction.
• Navigation, mapping, and location features, including on the PRO Navigator, are aids only. Roads change, hazards are not modeled, and maps go stale. Use your own judgment and follow posted signage and official instructions.
• Survival, disaster, chemical, electrical, firearm, food safety, and water treatment output can be incomplete or wrong in ways that matter. Verify anything consequential against an authoritative source before you act on it.
• Never rely on the product as your only source of critical information, and never rely on it where being wrong could hurt someone.

You are solely responsible for verifying output before acting on it, and for any decision you make with it. To the fullest extent the law allows, we are not liable for any outcome arising from your reliance on model output. Nothing here excludes liability we are not permitted to exclude, including for death or personal injury caused by our negligence, or for fraud.

The product runs offline and we cannot see what you do with it, which makes what follows a matter of your own responsibility rather than something we police. You agree not to use PortableMind, or anything we sell or publish, to:

• Break the law, or help anyone else break it.
• Create or refine weapons, explosives, or chemical, biological, radiological, or nuclear capability.
• Produce sexual content involving minors, or any other child sexual abuse material. This is absolute and there is no context in which it is acceptable.
• Generate content designed to harass, threaten, defame, stalk, or incite violence against a real person or group.
• Impersonate a real person or organization, produce fraudulent documents or identification, or generate material for a scam.
• Build malware, ransomware, credential harvesters, or tooling whose purpose is to compromise systems you do not own or have permission to test.
• Infringe someone else's intellectual property or misappropriate their trade secrets.
• Process data you are not lawfully permitted to process.

Some editions and demonstrations expose models with reduced content filtering. Reduced filtering is not permission. Every restriction in this section applies to them in full, and a model’s willingness to answer is not a legal defense.

PortableMind ships from the United States and the product contains software and AI models subject to US export control law, including the Export Administration Regulations.

You may not export, re-export, carry, or transfer the product to a country subject to a comprehensive US embargo, currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine, or to any person on a US restricted party list such as the Specially Designated Nationals list or the Entity List. You confirm you are not located in one of those places and are not such a person.

If you travel internationally with the drive, complying with the import, encryption, and customs rules of your destination is your responsibility. Some countries restrict encrypted devices.

Forming the contract

Product listings are an invitation to buy, not a binding offer. Your order is an offer to purchase. The contract forms when we accept your order, which happens when we ship it or, for a digital license, when we deliver your key. An order confirmation email acknowledges receipt and is not by itself acceptance.

Prices

• The price that binds us is the price shown in checkout at the moment you pay, in US dollars.
• Prices change without notice. A change never applies retroactively to an order already placed.
• Sales tax is calculated and shown at checkout where we are required to collect it.
• If a price is obviously wrong through a technical or human error, we may cancel the order and refund you in full rather than honor it, even after confirmation.

Payment

Payments are processed by Stripe. We never receive or store your full card number. By paying you confirm you are authorized to use the payment method. Failed, reversed, or fraudulent payments may result in cancellation and, where an order has already shipped, recovery of the amount owed. If you believe a charge is wrong, contact us before filing a chargeback and we will almost always resolve it faster than your bank will.

Delivery timing, carriers, international destinations, and who pays duties are set out in our Shipping policy. Title and risk of loss pass to you when the carrier takes possession.

You may cancel any order that has not yet shipped by emailing us, and we will refund it in full.

Some products are sold as a digital license rather than a physical drive. You receive a key by email and use it to set up hardware you already own. For these:

• One key licenses one PortableMind installation. Re-running setup on the same drive, for recovery or updates, is unlimited and free.
• If your drive genuinely fails or you replace it, contact us and we will move your license across.
• You may not share, publish, resell, or transfer a key.
• Delivery is immediate. You get a full refund at any time before the key has been used to set up a drive. After that, refunds are at our discretion, and we apply that discretion generously where the product plainly could not work on your machine.

Updates are optional. The current build is Firmware 1.8.0 (current build). A drive that is never updated keeps working offline exactly as it did the day it arrived, indefinitely. Nothing expires and nothing stops working because you skipped an update.

We release updates when they are ready, not on a schedule, and we may change, delay, or discontinue future updates without notice. Where an update or edition upgrade is sold separately, what you get is described on the page where you buy it. Where we describe an upgrade entitlement as covering future editions, that means for as long as we continue to publish them, and it is not a promise to publish forever.

Applying an update can overwrite data on the drive. Back up anything you care about first. See /update for the current instructions.

• Referral codes are for sharing with real people. You may not refer yourself, use multiple addresses to claim your own discount, or post codes to coupon aggregators.
• Discounts and promotional codes cannot be combined unless we say so, have no cash value, and cannot be applied to an order already placed.
• We may void a discount, cancel an order, or withdraw someone from the program where a code is being abused.
• Giveaways and contests are governed by their own published rules, which control if they conflict with these Terms.
• We may change or end any promotion at any time. Orders already placed at a promotional price are honored.

When you submit a review, photo, testimonial, or contest entry, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit for length or clarity, and publish it in connection with PortableMind, including in marketing, along with the name you provided.

You confirm the content is yours to give, is honest, and reflects your genuine experience. Reviews are published publicly, so do not include anything private. We do not pay for reviews or condition an incentive on a positive one. We may decline to publish or may remove content that is unlawful, abusive, off-topic, or fake, and we do not remove a review merely for being negative. Ask us and we will take your review down.

The browser demo runs a model inside your own browser and downloads model files from third-party services. It is provided free, for evaluation, with no warranty and no guarantee of availability. It is a demonstration, not the product, and its speed and quality do not represent the drive. Demo sessions may be rate limited. Everything in sections 6 and 7 applies to the demo in full.

We warrant that for 30 days from delivery the drive will be free from defects in materials and workmanship, and that the firmware will substantially perform as described on the product page, when used on a system meeting the stated requirements.

If it does not, email us within that period with your order details and a description of the fault. Our entire obligation, and your exclusive remedy, is that we will repair, replace, or refund the unit at our option, and we pay the return postage on a confirmed defect.

What the warranty does not cover

• Physical damage, liquid damage, wear, loss, or theft.
• Faults caused by misuse, modification, or software you added yourself.
• Incompatibility with a machine that does not meet the published requirements.
• Your data. Keep your own backups, always.
• Dissatisfaction with model output, which is addressed by section 6 and not by this warranty.

This warranty is in addition to, and does not affect, the rights consumer protection law gives you where you live. In many countries, including the UK, the EU, and Australia, you have statutory rights that cannot be excluded, and nothing here limits them.

Except for the limited warranty in section 16 and any rights you have under mandatory consumer law, the product and the site are provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the product will meet your requirements, that model output will be accurate or suitable for any purpose, or that the site will be uninterrupted or error free.

To the fullest extent permitted by law, our total liability to you for all claims arising out of or relating to the product, the site, or these Terms is limited to the amount you actually paid us for the product giving rise to the claim.

We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, or the cost of substitute goods, even if we were told such damages were possible.

These limits apply regardless of the legal theory and even if a limited remedy fails of its essential purpose. They do not apply to liability that cannot lawfully be limited, including death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any liability under mandatory consumer protection law. Some jurisdictions do not allow the exclusion of certain damages, so parts of this section may not apply to you.

You agree to indemnify and hold harmless PORTABLEMIND, Inc. and its officers and contractors against claims, damages, and reasonable legal costs arising from your breach of these Terms, your unlawful use of the product, or your reliance on model output in a way section 6 tells you not to. We will tell you promptly about any claim and let you control the defense, provided any settlement releases us fully.

We may suspend or terminate your license, decline future orders, or remove your content if you materially breach these Terms, particularly sections 4, 7, or 8. Where the breach is fixable and not serious, we will normally tell you first and give you a chance to fix it. Termination does not entitle you to a refund of a product already delivered, and you keep the hardware. Sections 5, 6, 14, and 16 through 22 survive termination.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first

Before starting formal proceedings, email team@portablemind.io describing the problem and what you want. We will make a genuine effort to resolve it within 30 days. Most disputes with a company this size are a misunderstanding and get fixed in a single email.

If that fails

The state and federal courts located in Delaware have exclusive jurisdiction, and you and we consent to venue there. Either of us may still bring an individual claim in a small claims court that has jurisdiction.

If you are a consumer resident in the EEA or the UK, nothing in this section deprives you of the protection of the mandatory consumer law of your country of residence, or of your right to bring proceedings in your local courts.

We may update these Terms. The “Last updated” date at the top changes when we do. The version in force for your purchase is the version published when you placed your order, and a later change never applies retroactively to an order already made. Continuing to use the site or the product after a change means you accept the updated Terms going forward.

• Entire agreement: these Terms and the policies they incorporate are the whole agreement between us about the product, replacing anything said beforehand.
• Severability: if a provision is unenforceable, it is narrowed to the minimum extent needed, or severed, and the rest stays in force.
• No waiver: not enforcing a provision once does not waive it later.
• Assignment: you may not assign these Terms without our consent. We may assign them to a successor of the business.
• Force majeure: neither of us is liable for delay caused by events outside our reasonable control, including carrier failures, natural disasters, war, and grid or network outages.
• Notices: we contact you at the email on your order, and you contact us at the address below. Email counts as writing.
• No third-party beneficiaries: nobody outside this agreement gains rights under it.
• Headings: section headings are for navigation and carry no legal weight.