Last Update: July 1st, 2024
a. All right, title, and interest in and to the Subscriber Content,
including all modifications, improvements, adaptations, enhancements,
or translations made thereto, and all proprietary rights therein, will
be and remain Subscriber’s sole and exclusive property, other than
rights granted to us to enable (i) Subscriber to process its data on
the Platform, and (ii) us to aggregate and anonymize Subscriber
Content solely to improve Subscriber's user experience.
b. Subscriber Content means any data, media, and other materials that
Subscriber and its Authorized Users submit to the Platform pursuant to
this Agreement, including, without limitation, all Models and
Datasets, and any and all reproductions, visualizations, analyses,
automations, scales, and other reports output by the Platform based on
such Models and Dataset.
All right, title, and interest in and to the Services, the Platform,
the Usage Data and the Aggregate Data, including all modifications,
improvements, adaptations, enhancements, or translations made thereto,
and all proprietary rights therein, will be and remain the sole and
exclusive property of us and our licensors. Whether you are accessing
the Services for personal, non-commercial transitory viewing only (our
free license for individuals only), for academic use, or for
commercial purposes (our subscription package for businesses),
permission is granted to temporarily download one copy of the
information or software (the “Materials”) from our website. This is
the grant of a license, not a transfer of title, and under this
license, you may not:
a. Modify or copy the Materials;
b. Use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
c. Attempt to decompile or reverse engineer any software contained in the Materials;
d. Remove any copyright or other proprietary notations from the Materials; or
e. Transfer the Materials to another person or "mirror" the Materials
on any other server.This license shall automatically terminate if you
violate any of these restrictions and may be terminated by us at any
time. Upon terminating your viewing of these materials or upon the
termination of this license, you must destroy any downloaded materials
in your possession whether in electronic or printed format.
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f. Utilize our personal license for individuals for commercial
purposes and any such use of our personal license for commercial
purposes (e.g. using your corporate email) may result in immediate
termination of your license.
We monitor the performance and use of the Platform (when provided as a SaaS Package) by our customers and collect data in connection therewith (the "Usage Data"). We may combine this Usage Data with other data (including anonymized elements of the Subscriber Content), and use such combined data, or a subset thereof, in an aggregate and anonymous manner (the "Aggregate Data"). Subscriber agrees that we may collect, use, publish, and vend such Aggregate Data; provided, however, that such usage shall not, directly or indirectly, identify Subscriber, its Authorized Users, or any individual, or contain Subscriber's confidential information. When the Platform is provided as a Self-Hosted Package, Subscriber may deactivate the collection of Aggregate Data with our approval.
5. Disclaimera. The Materials are provided on an 'as is' basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. <br /> b. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
6. LimitationsIn no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Materials, even if we or our authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7. Accuracy of MaterialsThe Materials could include technical, typographical, or photographic errors. We do not warrant that any of the Materials are accurate, complete or current. We may make changes to the Materials at any time without notice. However, we do not make any commitment to update the Materials.
8. PublicityWe may use Subscriber's brand on our website for the sole purpose of identifying Subscriber as a customer. Any other use of Subscriber's logo or other service marks will require prior written approval of Subscriber.
9. LinksWe have not reviewed all of the sites linked to our website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at your own risk.
10. ModificationsWe may revise this Agreement at any time without notice. By using this website you are agreeing to be bound by the then current version of this Agreement.
11. Academic UseWe may offer the Platform free of charge for users at academic institutions pursuing research that is not connected to a for-profit business entity (“Academics”) in the future.
12. No RefundsBy using our Platform, you agree that once you become a paid Subscriber, you are not eligible for any refunds or adjustments of any fees paid if the number of Users decreases beyond your agreed Tiers. You are free to stop using our Service at any time, but all fees are non-refundable. If you would like to become an Enterprise Customer, please contact us and your Nomic representative will reach out to work with you.
13. Export and Sanctions ComplianceBy using our website you agree that neither you nor any business or entity on whose behalf you are acting i) are in a location embargoed under U.S. economic sanctions, such as Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine, ii) are listed on any restricted parties list issued by any U.S. or other applicable governmental entity or international organization, including but not limited to lists published by the U.S. Office of Foreign Assets Control and the U.S. Department of Commerce (“Restricted Parties Lists”), or iii) will utilize this product to service, directly or indirectly, a sanctioned location or any entity appearing on any Restricted Parties Lists. Nomic is required to comply with all applicable U.S. laws, including laws and regulations prohibiting transactions with individuals and entities subject to trade sanctions administered by the Office of Foreign Assets Control (“OFAC”) and export controls enforced by the U.S. Department of Commerce. You represent that you are not a target of U.S. sanctions, included on OFAC lists of Specially Designated Nationals, or on the Sectoral Sanctions Identification List. In case the services described herein become prohibited under U.S. sanctions laws, or you, any of your employees, agents or representatives becomes a target of U.S. sanctions laws, we may terminate this Agreement immediately. In the event of such termination, Nomic will be entitled to keep any payments already made without any obligation to repay any portion thereof back to you.
14. Governing LawThese terms and conditions are governed by and construed in accordance with the laws of the State of Delaware, USA and you irrevocably submit to the exclusive jurisdiction of the federal or state courts located in Delaware, USA.