1. Acceptance of Terms

Welcome to Nand.AI ("Company," "we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of the Nand.AI website located at nand.ai (the "Site") and our cloud-based Magus platform that automates enterprise processes and workflows (collectively, the "Services").

By accessing or using our Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Site or Services.

2. Description of Services

Nand.AI provides a B2B SaaS platform designed for enterprise clients that includes:

• Automated processing and response generation for Enterprise Search, DDQs, RFPs, and CPQs

• AI-powered document analysis and knowledge management

• Enterprise search and conversational AI capabilities

• Integration with enterprise systems and workflows

• Collaboration and workflow management tools

The specific features and functionalities available to you will depend on your subscription plan and any separate agreement between your organization and Nand.AI.

3. Eligibility and Account Registration

3.1 Eligibility

Our Services are intended for business use by organizations and their authorized representatives. You must be at least 18 years old and have the authority to bind your organization to these Terms. By using our Services, you represent and warrant that you meet these requirements.

3.2 Account Registration

To access certain features of our Services, you or your organization must register for an account. You agree to:

• Provide accurate, current, and complete information during registration

• Maintain and promptly update your account information

• Maintain the security of your account credentials

• Notify us immediately of any unauthorized use of your account

• Accept responsibility for all activities that occur under your account

3.3 Enterprise Accounts

If you are using our Services on behalf of an organization, that organization accepts these Terms and may have additional terms governing your use through a separate Master Subscription Agreement or similar contract.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Services only for lawful business purposes and in accordance with these Terms. You agree to use the Services in compliance with all applicable laws and regulations.

4.2 Prohibited Activities

You agree not to:

• Use the Services to violate any laws or regulations

• Upload, transmit, or store any content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable

• Attempt to gain unauthorized access to our systems, other accounts, or networks

• Interfere with or disrupt the Services or servers or networks connected to the Services

• Use automated systems (bots, scrapers, etc.) to access the Services without our prior written consent

• Reverse engineer, decompile, or disassemble any aspect of the Services

• Remove, obscure, or alter any proprietary rights notices on the Services

• Use the Services to develop competing products or services

• Share your account credentials with unauthorized third parties

• Upload or transmit any malware, viruses, or malicious code

• Engage in any activity that could damage, disable, or impair the Services

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Services, including all software, technology, designs, graphics, text, and other content (excluding Your Content, defined below), are owned by Nand.AI and are protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms.

5.2 Your Content

You retain all ownership rights to any data, documents, content, or information you upload or submit to the Services ("Your Content"). By uploading Your Content, you grant us a limited license to use, store, process, and display Your Content solely to provide the Services to you and as described in our Privacy Policy.

You represent and warrant that:

• You own or have the necessary rights to Your Content

• Your Content does not infringe any third-party rights

• Your Content complies with these Terms and applicable laws

5.3 AI-Generated Content

Our Services may use artificial intelligence to generate responses, suggestions, or other content based on Your Content and our trained models. You acknowledge that AI-generated content is provided for informational purposes and should be reviewed and verified before use in any formal business context.

5.4 Feedback

If you provide us with any feedback, suggestions, or ideas about our Services, we may use such feedback without any obligation to you, including for improving and developing our Services.

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

For enterprise customers, data processing terms may be separately documented in a Data Processing Addendum (DPA) or similar agreement.

7. Fees and Payment

7.1 Subscription Fees

Access to certain features of the Services may require payment of subscription fees. Fees are specified in your subscription plan or separate agreement with us. All fees are non-refundable unless otherwise specified in writing.

7.2 Payment Terms

You agree to pay all applicable fees according to the billing terms in effect at the time the fees become due. If you fail to pay fees when due, we may suspend or terminate your access to the Services.

7.3 Taxes

All fees are exclusive of taxes, duties, or similar governmental assessments, which you are responsible for paying.

8. Confidentiality

We will maintain the confidentiality of Your Content and any other confidential information you provide to us in accordance with our Privacy Policy and any separate confidentiality or data protection agreements. However, we are not responsible for unauthorized access resulting from your failure to maintain the security of your account credentials.

9. Service Level and Availability

While we strive to maintain high availability of our Services, we do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. We may suspend access to the Services for maintenance, updates, or other reasons at our discretion.

10. Third-Party Services and Links

Our Services may integrate with or contain links to third-party services, websites, or applications. We are not responsible for the content, privacy practices, or terms of use of any third-party services. Your use of third-party services is at your own risk and subject to their terms and policies.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICES OR CONTENT

• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE

YOU ACKNOWLEDGE THAT AI-GENERATED CONTENT MAY CONTAIN ERRORS OR INACCURACIES AND SHOULD BE VERIFIED BEFORE USE IN BUSINESS-CRITICAL APPLICATIONS.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES

• WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES, UNAUTHORIZED ACCESS TO YOUR CONTENT, OR ANY CONTENT OR CONDUCT OF THIRD PARTIES

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless Nand.AI, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Services

• Your violation of these Terms

• Your violation of any rights of another party

• Your Content

14. Term and Termination

14.1 Term

These Terms remain in effect while you use the Services or maintain an account with us.

14.2 Termination by You

You may terminate your account at any time by contacting us or following the account closure process in the Services.

14.3 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. We may terminate or suspend your account for violations of these Terms, non-payment, or any other reason at our discretion.

14.4 Effect of Termination

Upon termination:

• Your right to use the Services will immediately cease

• We may delete Your Content in accordance with our data retention policies

• Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved through good faith negotiations for a period of thirty (30) days. If negotiations fail, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be San Francisco, California. The language of the arbitration shall be English. The award of the arbitrator shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.

15.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action or class-wide arbitration.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our Site or through other communications. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any separate agreement between you (or your organization) and Nand.AI, constitute the entire agreement regarding your use of the Services.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

17.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

17.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

17.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations regarding the use of the Services.

18. Contact Information

If you have questions about these Terms, please contact us at:

Nand.AI
Email: legal@nand.ai
Website: https://nand.ai

By using Nand.AI's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.