1. Eligibility
You affirm that you are at least 18 (or the age of majority in your jurisdiction) and have the authority to enter into these Terms. Use on behalf of an entity constitutes a representation that you are authorized to bind that entity.
2. Accounts & Registration
Certain Services may require an account. You must provide accurate information, keep credentials confidential, and promptly update changes. You are responsible for all activity under your account.
3. Acceptable Use
You agree not to: (a) bypass security, probe, or test vulnerability of any system; (b) transmit malware or harmful code; (c) infringe IP or privacy rights; (d) interfere with others’ use; (e) misrepresent identity or affiliation; (f) use output to violate law or create autonomous harmful systems; (g) submit unlawful, discriminatory, defamatory, obscene, or abusive materials; (h) reverse engineer any non‑open components except as permitted by law; (i) use the Services to develop competing foundational AI models or datasets without written consent.
4. AI / Automation Features
The Services may leverage third‑party large language models (LLMs), OCR, classification, extraction, workflow orchestration, and other AI tooling. Outputs may be probabilistic and can contain inaccuracies. You are responsible for human review where accuracy or compliance is critical (e.g., legal, medical, financial, or safety decisions). You must not rely solely on AI output for regulated determinations unless you have implemented appropriate validation controls.
5. Confidential & Sensitive Data
Do not submit regulated personal data (e.g., PHI under HIPAA, PCI card data, Social Security Numbers) or export‑controlled information unless you have an executed written Data Processing / Security Addendum with Niotex explicitly permitting such use. You represent you have all necessary rights and consents to provide any data you upload.
6. Intellectual Property
All content, trademarks, logos, software, models, documentation, and compilations are owned by or licensed to Niotex and protected by U.S. and international laws. Subject to your compliance, we grant a limited, revocable, non‑exclusive, non‑transferable right to access and use the Services for internal business purposes.
Your Content: You retain ownership of data, text, files, and other material you submit (“Customer Data”). You grant Niotex a worldwide, non‑exclusive license to host, process, transmit, transform, and display Customer Data solely to provide, secure, maintain, improve, and support the Services, and to develop anonymized or aggregated insights that do not identify you or end users.
Output: Subject to third‑party model terms and applicable law, we assign to you our rights in model‑generated output produced from your prompts (excluding our underlying IP). You are responsible for ensuring use of output complies with these Terms and law.
7. Feedback
If you provide ideas, suggestions, feature requests, or improvements (“Feedback”), you grant Niotex a perpetual, irrevocable, worldwide, royalty‑free license to use and exploit such Feedback without restriction or attribution.
8. Third‑Party Services & Links
The Services may integrate with or reference third‑party platforms (e.g., Microsoft, Salesforce, OpenAI, Anthropic, cloud providers). Use of such third‑party services is governed by their respective terms and privacy policies. We are not responsible for third‑party acts or omissions.
9. Suspension & Termination
We may suspend or terminate access for violation of these Terms, security risk, fraud, or legal compliance. You may stop using the Services at any time. Sections intended to survive (including IP, disclaimers, limitations, indemnity, governing law, and privacy obligations) will remain in effect.
10. Disclaimers & No Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, OR ACCURACY OF OUTPUT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR‑FREE OPERATION OR THAT SECURITY MEASURES ARE INFALLIBLE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL NIOTEX BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION; (B) NIOTEX’S AGGREGATE LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE GREATER OF (i) AMOUNTS PAID BY YOU TO NIOTEX FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM, OR (ii) USD $100. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow certain limitations; in such cases the limitation applies to the fullest extent permitted.
12. Indemnification
You will defend, indemnify, and hold harmless Niotex and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Services; (b) Customer Data; (c) violation of these Terms; or (d) violation of law or third‑party rights.
13. Privacy Overview
This Policy explains what data we collect, how we use it, the legal bases (where applicable), retention, security, sharing, and your rights. We design our Services with a principle of data minimization and operational necessity.
14. Data We Collect
- Contact Data: Name, email, company, role, phone (if provided), message content.
- Account & Authentication: Credentials, access tokens, usage preferences.
- Operational / Customer Data: Documents, text, metadata, workflow artifacts you upload for processing.
- Usage & Technical Logs: IP address, device/browser type, pages viewed, timestamps, referrer URLs, error logs, performance metrics.
- AI Interaction Data: Prompts, model inputs/outputs (retained only as needed for delivery, debugging, abuse prevention, or improvement with safeguards and, where required, aggregation/anonymization).
- Support Data: Tickets, chat or email communications.
- Compliance & Security: Audit trails, access events, system alerts.
15. How We Use Data
- Provide, operate, and maintain the Services
- Authenticate users and authorize access
- Process and transform Customer Data per your instructions
- Improve reliability, performance, safety, and accuracy
- Detect, investigate, and prevent security incidents or misuse
- Respond to inquiries and provide support
- Send administrative or transactional communications
- Develop anonymized or aggregated analytics
- Comply with legal obligations and enforce agreements
- Conduct limited marketing (you may opt out)
16. Legal Bases (GDPR / UK GDPR)
Where applicable, our processing bases include: (a) performance of a contract; (b) legitimate interests (e.g., securing and improving Services); (c) consent (for optional marketing or certain cookies); (d) compliance with legal obligations; (e) protection of vital or public interests when required by law.
17. Cookies & Tracking Technologies
We may use: (a) strictly necessary cookies (security, session); (b) functional cookies (preferences); (c) analytics cookies (traffic patterns); (d) limited marketing or referral tracking. You can control cookies via browser settings or opt‑out mechanisms where provided. Disabling certain cookies may impact functionality.
18. Analytics & Advertising
We may use privacy‑focused analytics to understand aggregate usage. If third‑party analytics (e.g., privacy‑enhanced modes) are used, they may collect pseudonymous identifiers and usage metrics to help us improve the Service. We do not sell personal information or permit behavioral ad networks to build profiles from Customer Data.
19. Do Not Track
The Services currently do not respond to browser “Do Not Track” signals. We will update this Policy if that changes.
20. Data Retention
We retain personal data only as long as necessary for the purposes described, to comply with legal obligations, resolve disputes, enforce agreements, or as required by contract. Operational logs and AI interaction data may be truncated, aggregated, or anonymized after defined retention windows unless extended for security or legal holds.
21. Security
We employ administrative, technical, and organizational safeguards (e.g., access controls, encryption in transit, environment isolation, audit logging). No system is perfectly secure; you are responsible for safeguarding credentials and reporting suspected compromise promptly.
22. Your Privacy Rights
Depending on jurisdiction, you may have rights to: access, correct, delete, port, or restrict processing of personal data; object to certain processing; withdraw consent (where processing is based on consent); and lodge a complaint with a supervisory authority. Submit requests to [email protected]. We will verify identity before fulfilling requests.
23. U.S. State Rights (Including Texas & California)
While Texas presently imposes limited state‑level consumer privacy requirements compared to some other states, we strive for transparency. If you are a California resident, you may have rights under the California Consumer Privacy Act as amended (CCPA/CPRA) including to know, access, delete, correct, and opt out of “selling” or “sharing” personal information. Niotex does not sell personal information as defined by CCPA/CPRA. To exercise rights, contact [email protected].
24. Children’s Data
The Services are not directed to children under 13 (or 16 where GDPR applies). We do not knowingly collect personal data from such children. If you believe a child has provided data, contact us for deletion.
25. International Transfers
If personal data is transferred from the EEA, UK, or Switzerland to the U.S. or other jurisdictions, we implement appropriate safeguards (e.g., Standard Contractual Clauses) where required.
26. Subprocessors
We may engage carefully vetted infrastructure, AI model, logging, or analytics providers as subprocessors bound by confidentiality and data protection obligations. A current list or description can be requested via [email protected].
27. Incident Response & Breach Notification
We maintain incident response procedures. In the event of a personal data breach requiring notification, we will notify affected customers and/or regulators in accordance with applicable law and contractual commitments.
28. Copyright / DMCA
If you believe material hosted on the Services infringes your copyright, send a written notice containing: (a) signature; (b) work identified; (c) infringing material location; (d) contact info; (e) good‑faith statement; (f) statement under penalty of perjury of accuracy and authority. Notices: Attn: Legal – DMCA, Niotex Innovation LLC, Houston, TX, or [email protected]. We may remove content and, where appropriate, terminate repeat infringers.
29. Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict‑of‑laws principles. Exclusive jurisdiction and venue lie in the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal Resolution: Before filing suit, the parties will attempt in good faith to resolve disputes within 30 days after written notice summarizing the issue. Notwithstanding the foregoing, either party may seek injunctive or equitable relief for actual or threatened infringement, misappropriation, or breach of confidentiality.
30. Changes to These Terms / Policy
We may update these Terms or this Policy to reflect legal, technical, or business changes. The “Last Updated” date will be revised. Material changes will be communicated (e.g., site notice or email for registered users). Continued use after effectiveness constitutes acceptance. If you object to changes, discontinue use.
31. Contact
Questions, privacy requests, or legal notices: [email protected]. Niotex Innovation LLC – Houston, Texas, USA.
This document is provided without warranty and should be reviewed by your legal counsel to ensure suitability for your specific operations and regulatory landscape.