Terms of Service

2.1 Use of Service. Subject to these Terms, Niobia AI grants you a non-exclusive, non-transferable right to access and use the Service during the subscription term for your internal business purposes.

2.2 Beta Features. Some features may be offered as beta, preview, or evaluation. Beta features may change, be discontinued, or have limitations, and may not be supported for production workloads.

3.1 Account Security. You are responsible for maintaining the confidentiality of credentials and for all activity under your account.

3.2 Administrators. For organization/team accounts, designated administrators may manage access, roles, and settings for your workspace.

5.1 Ownership. As between the parties, Customer retains all rights in Customer Data. Niobia AI retains all rights in the Service, Documentation, and underlying technology.

5.2 License to Operate the Service. Customer grants Niobia AI a limited, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data as necessary to provide, maintain, secure, support, and troubleshoot the Service.

5.3 Tier-Specific Platform Improvement Rights. Starter and Student plans run on Niobia shared-cloud infrastructure hosted on GCP, and Niobia may process Customer Data on those plans to operate, secure, maintain, and troubleshoot the Service and its features. For Professional plans, Niobia will not use raw Customer Data or raw prompts to improve the platform, but may use aggregated, de-identified, or higher-level service telemetry derived from operating the Service to improve reliability, security, and features. For Enterprise dedicated single-tenant and platform-native deployments, Niobia does not use raw Customer Data for platform improvement. In platform-native deployments, Niobia may access deployed systems or data only if Customer explicitly grants support permissions.

5.4 Model Providers and Training. Niobia AI does not use Customer Data to train or fine-tune foundation models or any general-purpose models made available to other customers or third parties. When Niobia uses third-party AI model providers to process Customer requests, those providers are contractually prohibited from training on Customer Data. Niobia also seeks to minimize provider retention and enable no-retention settings where supported by provider contract and configuration.

5.5 Aggregated and De-Identified Service Data. Niobia may collect and use aggregated, de-identified, or higher-level service telemetry that does not identify Customer or expose Customer Confidential Information for billing, capacity planning, reliability engineering, security, analytics, benchmarking, and product improvement.

5.6 Output and Human Review. Customer may use Output for its internal business purposes. Output may be influenced by the quality and completeness of Customer Data and may contain errors, omissions, or recommendations that require expert review. Customer is responsible for evaluating Output before relying on it in production, safety-critical, regulated, compliance-related, or other high-impact decisions.

5.7 Sensitive or Regulated Data. Unless expressly agreed in writing, including any required data-processing, security, or regulated-data addendum, Customer will not submit to the Service: (a) regulated personal data requiring special handling (including HIPAA/PHI), (b) payment card data subject to PCI DSS, or (c) government-classified information.

6.1 Security Program. We maintain administrative, technical, and organizational safeguards designed to protect the Service and Customer Data against unauthorized access, loss, misuse, or alteration.

6.2 Security Documentation. Additional information about our security posture may be described in our public security documentation. Any such documentation is informational and does not create additional warranties unless expressly incorporated into an Order Form or signed agreement.

6.3 Security Incidents. If we become aware of a confirmed unauthorized access to Customer Data within the Service ("Security Incident"), we will take reasonable steps to contain and remediate it and notify Customer without undue delay consistent with applicable law.

6.4 Data Processing Terms. Where required by applicable law or a signed Order Form, the parties may enter a Data Processing Addendum or other written data-handling terms that further define processing instructions, security measures, cross-border transfer commitments, or regulated-data restrictions.

7.1 Confidential Information. "Confidential Information" means non-public information disclosed by one party to the other that is designated confidential or that a reasonable person should understand is confidential given the nature of the information and circumstances of disclosure. Customer Data is Customer's Confidential Information.

7.2 Protection. The receiving party will use reasonable care to protect Confidential Information and will use it only to perform its obligations or exercise its rights under these Terms.

7.3 Exclusions. Confidential Information does not include information that is publicly available without breach, was already known, is independently developed, or is rightfully received from a third party.

7.4 Compelled Disclosure. If required by law to disclose Confidential Information, the receiving party will provide reasonable notice (if legally permitted) and cooperate with efforts to limit disclosure.

8.1 Fees. Fees and subscription terms are as stated in the Order Form.

8.2 Taxes. Fees are exclusive of taxes. Customer is responsible for applicable taxes other than taxes on Niobia AI' net income.

8.3 No Refunds. Unless required by law or stated in an Order Form, fees are non-refundable.

10.1 Niobia AI IP. We own the Service, Documentation, and related IP.

10.2 Feedback. If you provide feedback or suggestions, you grant Niobia AI a right to use it without restriction or compensation.

11.1 Term. These Terms apply while you use the Service or until terminated.

11.2 Termination by Customer. You may stop using the Service at any time; paid subscriptions terminate per the Order Form.

11.3 Termination/Suspension by Niobia AI. We may suspend or terminate access if you breach these Terms, if your use poses a security risk, or if required by law, after reasonable notice when practicable.

11.4 Effect of Termination; Data Retrieval. Upon termination, your right to access the Service ends. We may delete Customer Data after a reasonable period unless prohibited by law or agreed otherwise in writing. Export options may be available depending on plan and product capability. Unless otherwise stated in an Order Form, Customer is responsible for maintaining backups of Customer Data and exported Output, and the Service is not an archival or system-of-record offering.

14.1 By Customer. Customer will indemnify and hold harmless Niobia AI from third-party claims arising from (a) Customer Data, (b) Customer's use of the Service in violation of these Terms or law, or (c) Customer's products or services.

14.2 By Niobia AI (IP). Niobia AI will defend Customer against third-party claims alleging the Service (excluding Customer Data) infringes a U.S. patent, copyright, or trademark, and will indemnify Customer for resulting costs finally awarded or agreed in settlement, provided Customer promptly notifies Niobia AI and allows Niobia AI to control the defense.

14.3 Exclusions. Niobia AI has no obligation for claims arising from Customer Data, Customer's modifications, use in combination not provided by Niobia AI, or use not in accordance with Documentation.

14.4 Remedy. If an infringement claim occurs, Niobia AI may (i) modify the Service, (ii) obtain rights for continued use, or (iii) terminate affected functionality and refund prepaid unused fees for that portion, if applicable.

Assignment. Neither party may assign these Terms without the other's consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets.

Force Majeure. Neither party is liable for delays caused by events beyond reasonable control.

Severability. If any part is unenforceable, the rest remains in effect.

Entire Agreement. These Terms and any Order Form are the entire agreement for the Service unless replaced by a signed MSA.