If you use output, from a non-profit who open sourced the output gained by following the TOS, as in they aren't using it 'for profit', it's not illegal, because

If you use output, from a non-profit who open sourced the output gained by following the TOS, as in they aren't using it 'for profit', it's not illegal, because: A. it's an output gained via following the letter of the law (TOS). B. TOS only applies directly to people who've accepted the TOS, unless alpaca's license/TOS ALSO forwards the same criterion as it's source at openai, then derivatives wouldn't apply. It's like if an app developer on IOS violated a TOS, and apple tried to go after everybody who ever used the app, they didn't agree directly to the TOS, only the developer did.