1. Overview
This Limitation of Liability ("Policy") governs your use of the NexusAI platform, APIs, services, software, and tools (collectively, the "Services"). This Policy is incorporated into and forms part of the NexusAI Terms of Service. By accessing or using the Services, you agree to these terms.
2. Scope of Services
NexusAI provides access to artificial intelligence models, machine learning infrastructure, natural language processing tools, computer vision algorithms, and related analytics (the "AI Components"). The Services are designed to assist users in automating processes, generating insights, and enhancing workflows. However, the Services are provided on an "as-is" and "as-available" basis without any guarantee of specific results.
3. No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXUSAI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES. THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, TIMELINESS, NON-INFRINGEMENT, OR ERROR-FREE OPERATION.
Specifically, NexusAI does not warrant that:
- The Services will meet your specific requirements or expectations;
- The Services will be uninterrupted, timely, secure, or error-free;
- The results obtained from the use of the Services will be accurate, reliable, or correct;
- The quality of any products, services, information, or other materials purchased or obtained through the Services will meet your expectations;
- Errors or defects in the Services or AI outputs will be corrected.
4. AI Model Disclaimers
Users acknowledge and agree that NexusAI's AI Components are probabilistic systems that may generate outputs that are inaccurate, incomplete, biased, or inappropriate. NexusAI does not guarantee the accuracy, completeness, or suitability of any AI-generated content.
4.1 Output Responsibility
You are solely responsible for reviewing, validating, and verifying all outputs generated by NexusAI AI Components before relying on them for any decision-making, especially in high-stakes contexts such as healthcare, finance, legal, or safety-critical applications.
4.2 Bias and Fairness
AI models may reflect biases present in their training data. NexusAI implements fairness and bias mitigation measures, but we do not warrant that outputs will be free from bias. You acknowledge the risk of bias and agree to conduct appropriate impact assessments when deploying models in sensitive domains.
4.3 Hallucinations and Fabrication
Large language models may generate plausible-sounding but factually incorrect information ("hallucinations"). NexusAI is not liable for damages arising from reliance on hallucinated or fabricated content.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXUSAI OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, data, or business opportunities;
- Business interruption or loss of goodwill;
- Personal injury, property damage, or emotional distress;
- Costs of procurement of substitute goods or services;
- Any damages arising from reliance on AI outputs, including errors, omissions, bias, or hallucinations;
- Security breaches or unauthorized access attributable to the Services.
5.1 Cap on Liability
The total aggregate liability of NexusAI arising out of or relating to the Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the greater of: (a) $10,000 USD, or (b) the fees paid by you to NexusAI for the specific Service giving rise to the claim during the twelve (12) months preceding the claim.
5.2 No Waiver
The failure of NexusAI to enforce any right or provision of this Policy will not constitute a waiver of that right or provision. No waiver shall be effective unless in writing and signed by an authorized representative of NexusAI.
6. Indemnification
You agree to indemnify, defend, and hold harmless NexusAI and its affiliates, officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Services in violation of this Policy or the Terms of Service;
- Your violation of any third-party right, including intellectual property or privacy rights;
- Your input, training data, or integration with the Services;
- Your reliance on AI outputs without appropriate human review or validation.
7. Third-Party Services
The Services may integrate with or link to third-party applications, platforms, or content. NexusAI does not control and is not responsible for the availability, accuracy, or terms of such third-party services. Your use of third-party services is at your own risk, and NexusAI disclaims all liability for any damages arising from third-party interactions.
8. Governing Law
This Policy shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any disputes arising under or in connection with this Policy shall be subject to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.
If any provision of this Policy is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of the Policy shall remain in full force and effect and enforceable.
9. Updates to This Policy
NexusAI reserves the right to modify this Policy at any time. We will notify users of material changes by posting the updated Policy on this page and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the updated Policy.
10. Contact Us
If you have any questions about this Limitation of Liability Policy, please contact our legal team at:
NexusAI, Inc.
Legal Department
Email: legal@nexusai.com
Address: 100 AI Boulevard, Suite 400, Menlo Park, CA 94025, USA