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Nu10 LLC · Legal · Draft for attorney review

Application Terms
of Service

These Terms govern access to and use of Nu10 applications, platforms, software products, APIs, portals, websites and related digital services.

Working draft.This Application Terms of Service page should be reviewed by qualified counsel before reliance or publication to users.
01

Introduction and Acceptance

These Application Terms of Service ("Terms") govern access to and use of Nu10 LLC’s applications, platforms, software products, APIs, portals, websites and related digital services (collectively, the "Applications"). By accessing or using an Application, you agree to these Terms on your own behalf or, where applicable, on behalf of the organisation you represent.

If you are using an Application on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms. If you do not agree to these Terms, do not access or use the Application.

02

About Nu10

Nu10 LLC and its applicable affiliates and group entities ("Nu10", "we", "us" or "our") provide enterprise AI, agentic systems, intelligent platforms and related services. Nu10 LLC’s address is 447 Broadway, 2nd FL #734, New York, NY 10013, USA. You may contact us at contact@nu10.co.

03

Order Forms and Enterprise Agreements

An Application may be provided under an order form, statement of work, master services agreement, customer agreement or other written agreement between Nu10 and an enterprise customer (each, an "Enterprise Agreement"). If an Enterprise Agreement applies, it will control to the extent it conflicts with these Terms.

If you use an Application as an authorised user of an enterprise customer, your access may also be subject to that customer’s policies, instructions and Enterprise Agreement with Nu10.

04

Eligibility and Accounts

Applications are intended for business and professional use. You must provide accurate information when creating or using an account and keep your credentials confidential. You are responsible for activities undertaken through your account, except to the extent caused by Nu10’s failure to meet its security obligations.

You must promptly notify Nu10 if you suspect unauthorised access to your account or credentials. Nu10 may require reasonable identity verification or security measures before granting, maintaining or restoring access.

05

Permitted Use

Subject to these Terms and any applicable Enterprise Agreement, Nu10 grants you a limited, non-exclusive, non-transferable and revocable right to access and use the relevant Application for your internal business purposes during the applicable subscription or service period.

You may use the Application only in accordance with applicable law, these Terms, the Application documentation, and any reasonable use restrictions communicated by Nu10 or your enterprise administrator.

06

Acceptable Use Restrictions

You must not, and must not permit any person to, misuse an Application; interfere with its security, availability or integrity; bypass access controls; reverse engineer or attempt to discover source code except where prohibited by law; introduce malicious code; conduct unauthorised testing; resell or provide access to third parties without authorisation; infringe intellectual-property or privacy rights; or use the Application for unlawful, harmful, fraudulent or abusive activity.

You must not use the Application to develop or train a competing product or service except where expressly authorised in writing by Nu10.

07

Customer Content and Data

You retain responsibility for content, data, documents, files, prompts, instructions, integrations and other materials submitted to or made available through an Application (collectively, "Customer Content"). You represent that you have all rights, permissions and lawful bases necessary to provide Customer Content and instruct Nu10 to process it.

You grant Nu10 the limited rights necessary to host, process, transmit, display and otherwise use Customer Content solely to provide, secure, support and improve the Application as permitted by the applicable Enterprise Agreement, these Terms and the Application Privacy Policy.

08

AI Features and Outputs

Applications may use artificial intelligence, machine learning, natural language processing, large language models, automated workflows, analytics and other AI technologies. AI-generated outputs may be inaccurate, incomplete, inappropriate for a particular purpose, or affected by the information and instructions provided.

You are responsible for reviewing and validating outputs before relying on them. You must not use an Application or its outputs as a substitute for professional judgement, including where human review, approval, regulatory oversight or subject-matter expertise is appropriate.

Nu10 does not claim ownership of Customer Content. Ownership and permitted use of outputs may be subject to applicable law, third-party provider terms, and the relevant Enterprise Agreement.

09

Nu10 Intellectual Property

Nu10 and its licensors retain all rights, title and interest in the Applications, documentation, models, workflows, software, interfaces, designs, trademarks, service marks, know-how and related materials, including all modifications, enhancements and derivative works. Except for the limited access right expressly granted under these Terms, no rights are granted to you by implication or otherwise.

If you provide feedback, suggestions or recommendations about an Application, Nu10 may use them without restriction or obligation, provided that Nu10 will not identify you as the source without your permission.

10

Third-Party Services and Integrations

Applications may interoperate with third-party services, connectors, APIs, model providers, identity providers or other integrations. Your use of a third-party service may be governed by that provider’s own terms, policies and fees.

Nu10 is not responsible for third-party services, including their availability, security, data practices, functionality or changes. You are responsible for ensuring that you have the rights and approvals required to connect a third-party service to an Application.

11

Privacy and Data Protection

Nu10’s processing of personal information in connection with Applications is described in the Application Privacy Policy, available at nu10.ai/application-privacy-policy. Where Nu10 processes personal information on behalf of an enterprise customer, the customer may be the controller or equivalent responsible entity and Nu10 may act as a processor or service provider.

Where required, the parties may enter into a data-processing agreement or other appropriate data-protection terms.

12

Security, Availability and Support

Nu10 uses measures designed to support the security and availability of Applications. However, no online service can be guaranteed to be uninterrupted, error-free or completely secure. Nu10 may maintain, update, modify or suspend an Application to address security, technical, operational or legal requirements.

Any service levels, support commitments, maintenance windows or recovery commitments are governed by the applicable Enterprise Agreement or service documentation, if any.

13

Fees and Payment

Fees, payment terms, taxes, billing arrangements and subscription periods are governed by the applicable Enterprise Agreement, order form or other written agreement. You are responsible for applicable taxes other than taxes based on Nu10’s net income, unless a valid exemption certificate is provided.

14

Confidentiality

Each party may receive confidential information from the other in connection with an Application. The receiving party will use the other party’s confidential information only to perform or exercise rights under the applicable agreement and will protect it using reasonable care.

Confidential information does not include information that is publicly available without breach of an obligation, already known without confidentiality restrictions, independently developed without use of confidential information, or rightfully received from another source without an obligation of confidentiality.

15

Disclaimers

Except as expressly stated in an applicable Enterprise Agreement, Applications and all related content are provided on an "as is" and "as available" basis. Nu10 disclaims all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability and uninterrupted operation, to the maximum extent permitted by law.

Nu10 does not warrant that an Application or AI output will meet your requirements, produce any particular result, be error-free, or be suitable for decisions that require human judgement or professional review.

16

Limitation of Liability

To the maximum extent permitted by law, neither Nu10 nor its affiliates, licensors, suppliers or personnel will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, data or business interruption, arising from or related to an Application or these Terms.

Where an Enterprise Agreement applies, the liability limitations in that agreement will govern. Where no Enterprise Agreement applies, Nu10’s aggregate liability arising from or relating to these Terms will not exceed the amounts paid to Nu10 for the relevant Application during the twelve months before the event giving rise to liability.

17

Suspension, Termination and Changes

Nu10 may suspend or restrict access to an Application where reasonably necessary to protect the Application, users, Nu10, third parties or the public; to investigate suspected misuse; to comply with law; or where required fees remain unpaid. Where practicable, Nu10 will provide notice and an opportunity to address the issue.

Nu10 may update these Terms from time to time. Where material changes require notice, Nu10 will provide appropriate notice. Continued use of an Application after the effective date of updated Terms constitutes acceptance to the extent permitted by law.

18

Governing Terms and Contact

Any governing law, venue, dispute resolution process and additional contractual terms are governed by the applicable Enterprise Agreement. If you are using an Application without an Enterprise Agreement, please contact Nu10 before relying on these Terms for a transaction or deployment.

Questions about these Terms may be sent to contact@nu10.co. Questions regarding personal information or privacy rights may be sent to privacy@nu10.ai.

Terms contact

Questions about these Terms?

Contact Nu10 to discuss application use, enterprise agreements, or these Application Terms of Service.

Email Nu10