Terms of Use for NPUMark

Effective Date: November 2, 2026 · Last Updated: November 2, 2026

1. Acceptance of Terms

These Terms of Use (“Terms”) are a legal agreement between you (“User”, “you”, or “your”) and Astrial Realty, LLC dba Astrial Foundry (“Astrial Foundry”), together with the developers, owners, distributors, licensors, partners, and affiliates of the NPUMark App (collectively, “we”, “us”, or “our”). These Terms govern your access to and use of the NPUMark software application, including its desktop and mobile apps and its command-line tool (the “App”), the NPUMark results database and website (the “Results Service”), and any related services or materials. By downloading, installing, or using the App, you acknowledge that you have read, understood, and agreed to be bound by these Terms and by the NPUMark Privacy Policy, which is part of these Terms. If you do not agree to all provisions of these Terms, you must not install, access, or use the App.

2. Scope and Modifications

These Terms apply to all versions of the App, whether free, evaluation, or commercially licensed, and whether downloaded directly, obtained through an app store, or obtained through any authorized or unauthorized distribution channel. We may modify these Terms at any time. Updated Terms will be posted within the App or on our website and will be effective immediately upon posting. Continued use of the App constitutes acceptance of the revised Terms.

3. Grant of License

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, royalty-free license to install and use the App on devices that you own or control, solely for:

• Personal use
• Educational and academic use
• Journalism, press, and product reviews, including publishing your results as described in Section 7
• Commercial evaluation, as described in Section 4

This license does not grant any ownership or intellectual property interest in the App, its benchmark workloads, or its components.

4. Commercial Use

“Commercial Use” means use of the App by or for a business, including in product development, validation, quality assurance, procurement, marketing claims, continuous integration or other automated testing, fleet testing, or by OEM, ODM, or test laboratories. During the NPUMark 3.x public release, Commercial Use for evaluation is permitted free of charge under these Terms. We may require a separate commercial license for Commercial Use of a later version; any such requirement will be stated in the Terms of that version and will not apply retroactively to versions you already use.

Any license granted for the App applies only to the version of the App that is current when you obtain it. There is no guarantee or obligation that a future version of the App will be released or supported. The availability of future versions, updates, patches, enhancements, benchmark workloads, the Results Service, or continued development is at our sole discretion. We reserve the sole and exclusive right to determine what constitutes a new major version versus a minor update.

5. Restrictions

You agree not to:

• Modify, reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or internal workings of the App or of any third-party component included with it, except to the extent applicable law expressly permits it despite this restriction
• Modify, replace, or tamper with the App’s benchmark workloads, workload pack, accuracy checks, timing, verification, or result-signing mechanisms
• Submit, publish, or represent as an NPUMark result any result produced by a modified App, a modified workload pack, a run that bypassed the App’s accuracy checks, or any means other than an unmodified App
• Forge, replay, or automate the submission of results, or interfere with the integrity, availability, or security of the Results Service
• Distribute, sublicense, lease, sell, mirror, or commercially exploit the App without our express written consent
• Use the App to develop a competing product or service
• Violate any applicable law or regulation in connection with your use of the App
• Use the App in a manner that infringes upon the intellectual property or privacy rights of others

6. Results Sharing

The App measures the performance of your device and produces a result, and sends each completed run to the Results Service, as described in the Privacy Policy. Before installation completes, or, where the App is not installed by an installer, before its first use, you must accept these Terms and the Privacy Policy, including results sharing. If you do not accept, installation is terminated and you may not use the App. After accepting, you can turn sharing off at any time (in the App: “Share Results Online”; in the command-line tool: “npumark share off”). Results queued while sharing is off are not sent.

By sharing a result, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to store, reproduce, analyze, publish, display, and create aggregated or derivative works from that result and the system description that accompanies it, including in the public NPUMark results database, rankings, statistics, and reports. You represent that you have the right to share the result. If your device is pre-release, confidential, or subject to a non-disclosure agreement, you are solely responsible for turning sharing off before running the App.

We may, at our sole discretion, review, flag as not comparable, hide, or remove any result, including results that appear invalid, manipulated, or in violation of these Terms. Results are provided for information only; we do not guarantee that any result is accurate, comparable, or representative of any device.

7. Publishing Your Results

You may publish your own results, scores, reports, and screenshots of the App, provided that you identify them as “Measured with NPUMark” followed by the App version and the score version shown in the result, and that you do not alter them or present them as endorsed by us. Commercial Use of results, including in advertising or marketing claims, must also follow the citation rules published on our website.

Results of engines that the App labels “local only” are not published in the Results Service, because the licensor of that engine restricts their publication. You are responsible for complying with that licensor’s terms before publishing such results.

8. Third-Party Components and Models

The App includes or uses software, runtimes, and machine-learning models licensed by third parties, including Microsoft, Apple, Google, Qualcomm, NVIDIA, and the authors of open-source software (“Third-Party Components”). Their licenses and notices are listed in the App (About › Licenses) and in the file THIRD_PARTY_NOTICES.md distributed with it. Third-Party Components are subject to their own license terms, which apply to you in addition to these Terms. On Windows, the operating system may download execution providers from their vendors on your behalf; those components are licensed to you by their vendors, not by us.

THIRD-PARTY COMPONENTS ARE PROVIDED “AS IS”. THEIR LICENSORS MAKE NO WARRANTIES TO YOU, SHALL HAVE NO LIABILITY TO YOU, AND ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION AND OF SECTIONS 5, 10, 11, 12, AND 13. You may not separate a Third-Party Component from the App or use it independently of the App except as its own license permits.

9. Ownership and Intellectual Property

The App, the benchmark workloads and their selection, the scoring methodology, the Results Service, and all associated intellectual property, trademarks, trade names, service marks, logos, design, text, and graphics are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. NPUMark is a trademark of Astrial Foundry. Names of processors, devices, runtimes, and companies shown by the App are trademarks of their respective owners and are used only to identify them; their use does not imply any affiliation with or endorsement by those owners. You are not granted any rights or licenses except as expressly stated in these Terms.

10. Risks and Disclaimers

THE APP DELIBERATELY RUNS YOUR NEURAL PROCESSOR, GRAPHICS PROCESSOR, AND CENTRAL PROCESSOR AT SUSTAINED FULL LOAD. YOU ACKNOWLEDGE THAT USE OF THE APP MAY RESULT IN SERIOUS TECHNICAL CONSEQUENCES, INCLUDING BUT NOT LIMITED TO:

• HIGH TEMPERATURES, THERMAL THROTTLING, FAN NOISE, AND RAPID BATTERY DRAIN
• DAMAGE TO YOUR COMPUTER, DEVICE, OR HARDWARE COMPONENTS
• PERMANENT OR PARTIAL DATA LOSS OR CORRUPTION
• SYSTEM INSTABILITY, CRASHES, OR MALFUNCTIONS, INCLUDING FAILURES OF THIRD-PARTY DRIVERS AND RUNTIMES
• LARGE DOWNLOADS AND STORAGE USE
• RESULTS THAT DIFFER FROM MANUFACTURERS’ SPECIFICATIONS OR FROM OTHER DEVICES OF THE SAME MODEL
• YOU EXPRESSLY USE THE APP AT YOUR OWN RISK

11. No Warranty

THE APP, ITS RESULTS, AND THE RESULTS SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• AVAILABILITY, ACCURACY, COMPARABILITY, SECURITY, OR PERFORMANCE

WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR COMPATIBLE WITH YOUR DEVICE, OPERATING SYSTEM, DRIVERS, OR THIRD-PARTY SOFTWARE, OR THAT ANY RESULT IS CORRECT.

WE MAKE NO REPRESENTATIONS REGARDING DATA SECURITY, RELIABILITY, OR THAT DEFECTS WILL BE CORRECTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND THE LICENSORS OF THIRD-PARTY COMPONENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APP OR THE RESULTS SERVICE, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS
• SYSTEM OR DEVICE FAILURE
• CORRUPTION OR LOSS OF DATA
• INTERRUPTION OR TERMINATION OF OPERATIONS
• BREACH OF SECURITY OR UNAUTHORIZED ACCESS
• DECISIONS MADE IN RELIANCE ON ANY RESULT
• OR ANY DAMAGES RESULTING FROM ERRORS, BUGS, VIRUSES, HACKING, OR SYSTEM COMPATIBILITY FAILURES

OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT YOU PAID FOR THE APP, IF ANY, OR FIFTY U.S. DOLLARS (US $50).

13. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ASTRIAL FOUNDRY, THE LICENSORS OF THIRD-PARTY COMPONENTS (INCLUDING MICROSOFT CORPORATION), AND THE DEVELOPERS, OWNERS, DISTRIBUTORS, LICENSORS, AGENTS, EMPLOYEES, AND AFFILIATES OF THE APP FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO:

• YOUR USE OR MISUSE OF THE APP
• YOUR VIOLATION OF THESE TERMS
• YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS OR LAW
• ANY RESULT YOU SHARE OR PUBLISH
• ANY DAMAGE CAUSED BY YOU OR THE APP TO YOURSELF, OTHERS, OR PROPERTY

THIS INDEMNITY SURVIVES TERMINATION OF THESE TERMS AND YOUR USE OF THE APP.

14. Compliance with Laws and Export

You represent and warrant that your use of the App will comply with all applicable local, state, national, and international laws and regulations, including United States export control and sanctions laws. You represent that you are not located in a 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. You agree not to use the App for any purpose prohibited by law or to assist in any unlawful activity.

15. Fraud Waiver

YOU HEREBY EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO ASSERT ANY CLAIM FOR FRAUD IN THE INDUCEMENT, MISREPRESENTATION, OR RELIANCE BASED UPON ANY ORAL OR WRITTEN STATEMENT MADE IN CONNECTION WITH YOUR USE OF THE APP.

THIS WAIVER APPLIES TO ALL CLAIMS ARISING OUT OF OR RELATING TO MARKETING, INSTALLATION, DISTRIBUTION, OR REPRESENTATION OF THE APP, WHETHER BY US OR ANY THIRD PARTY.

16. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. CLASS ACTIONS, CLASS ARBITRATIONS, OR COLLECTIVE RELIEF ARE NOT PERMITTED.

17. Dispute Resolution and Arbitration

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, THE RESULTS SERVICE, OR ANY BREACH THEREOF, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES & PROCEDURES THEN IN EFFECT.

ARBITRATION SHALL BE CONDUCTED BEFORE A SINGLE NEUTRAL ARBITRATOR AND SHALL BE HELD IN MIAMI-DADE COUNTY, FLORIDA, USA.

EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN COSTS, ATTORNEYS’ FEES, EXPERT WITNESS FEES, AND ARBITRATION EXPENSES.

THE ARBITRATOR’S AWARD SHALL BE FINAL, BINDING, AND ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

18. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws principles. Any permitted legal action shall be brought exclusively in the courts of Miami-Dade County, Florida, USA. You irrevocably consent to jurisdiction and venue in those courts and waive all objections. If you are a consumer residing in the European Union, the United Kingdom, or another jurisdiction whose mandatory consumer-protection laws grant you rights that cannot be waived by contract, nothing in these Terms limits those rights.

19. Termination

We reserve the right, at our sole discretion, to suspend, disable, or terminate your access to the App or the Results Service at any time and for any reason, with or without notice. Termination does not limit any rights or remedies we may have under law or equity. Sections 6, 8, 9, and 11 through 22 survive termination.

20. Apple App Store

If you obtained the App from Apple’s App Store or Mac App Store, the following also applies: These Terms are between you and Astrial Foundry only, not with Apple Inc. (“Apple”). Astrial Foundry, not Apple, is solely responsible for the App and its content. Your license is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Apple has no obligation to furnish any maintenance or support services for the App. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App; if the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, claims under consumer protection, privacy, or similar legislation, or claims that the App or your use of it infringes a third party’s intellectual property rights; Astrial Foundry, not Apple, is responsible for the investigation, defense, settlement, and discharge of any such intellectual property claim. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

21. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be deemed severed and the remainder of the Terms shall remain in full force and effect.

22. Entire Agreement

These Terms, together with the NPUMark Privacy Policy and any separate commercial license you have signed with us, constitute the entire agreement between you and us with respect to the App and supersede any prior agreements, understandings, or representations, whether oral or written, relating to its subject matter.

23. Contact Information

If you have any questions about these Terms, or wish to contact us for any legal reason, please use the following information: