Legal
Terms of Service
Effective Date: October 31, 2026·Last Updated: October 31, 2026
1. Introduction and Acceptance of Terms
Welcome to Nektur AI.
These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between Nektur AI, LLC ("Nektur AI," "Nektur," "Company," "we," "us," or "our") and the individual or organization accessing or using our websites, applications, products, or services ("Customer," "you," or "your").
Nektur AI provides an artificial intelligence-powered Software-as-a-Service ("SaaS") platform designed to assist organizations with privacy management, data collection visibility, consent administration, data subject request management, privacy documentation, and legislative intelligence.
By creating an account, subscribing to a plan, clicking an acceptance button, or otherwise accessing or using the Services, you agree to be bound by these Terms.
If you access the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement.
If you do not agree to these Terms, you must not access or use the Services.
The Services are intended primarily for business and professional use. Individuals accepting these Terms on behalf of an organization represent that they are authorized to do so.
Additional terms may apply to specific features, subscriptions, enterprise agreements, or services.
In the event of a conflict between these Terms and a separately executed written agreement, the separately executed agreement will control to the extent of the conflict.
2. Description of Services
Nektur AI provides an integrated privacy management platform that may include the following capabilities.
2.1 Data Source Tracking and Website Scanning
Tools designed to assist customers with identifying, analyzing, and documenting website technologies, cookies, tracking mechanisms, third-party scripts, and other data collection activities.
2.2 Consent Management Platform
Tools allowing customers to configure, deploy, and administer consent experiences, tracking preferences, and related consent management functionality.
2.3 Data Subject Access Management
Tools designed to assist organizations with receiving, tracking, organizing, and managing privacy rights requests.
2.4 Privacy Policy Generation
AI-assisted functionality designed to help customers create and maintain privacy-related documentation using organizational information, website observations, and other relevant inputs.
2.5 Legislative Intelligence and Regulatory Tracking
Tools intended to help customers monitor, organize, and understand privacy-related legislative and regulatory developments across supported jurisdictions.
2.6 Nek AI Assistant
An artificial intelligence-powered assistant designed to help users interpret information, understand platform functionality, and receive contextual guidance.
2.7 Additional Features
Nektur AI may introduce additional products, integrations, functionality, or services.
The availability of specific capabilities depends on the customer's subscription plan, applicable entitlements, technical configuration, and the functionality made generally available by Nektur AI.
Nektur AI reserves the right to develop, improve, modify, or discontinue features, subject to the commitments and limitations described in this Agreement.
3. Eligibility and Account Registration
3.1 Eligibility
To use the Services, you must:
- Be at least 18 years of age.
- Have the legal capacity to enter into binding agreements.
- Provide accurate registration information.
- Use the Services for lawful purposes.
- Comply with these Terms and applicable laws.
Organizations are responsible for ensuring that individuals accessing their accounts are appropriately authorized.
3.2 Account Information
Customers agree to provide accurate, current, and complete account information.
Customers are responsible for updating account information when necessary.
Nektur AI may request reasonable verification of account ownership or organizational authority.
3.3 Account Security
Customers are responsible for maintaining the confidentiality of their authentication credentials.
Customers must not share individual user credentials with unauthorized persons.
Customers are responsible for activity occurring under their accounts, except to the extent resulting from Nektur AI's breach of this Agreement or applicable law.
Customers must promptly notify Nektur AI upon discovering suspected unauthorized access or compromise.
3.4 Authorized Users
Customers may authorize employees, contractors, or other individuals to access the Services according to their subscription entitlements.
Customers are responsible for managing authorized user access and ensuring compliance with these Terms.
4. Subscription Plans and Service Entitlements
Nektur AI offers subscription-based access to its platform.
Available plans may include:
- Free
- Essentials
- Growth
- Business
- Agency
- Enterprise
Plan availability, pricing, and included functionality are described on the Nektur AI website or in an applicable order agreement.
4.1 Subscription Entitlements
Depending on the selected plan, entitlements may include limitations relating to:
- Number of websites or domains.
- Number of authorized users.
- Website scanning frequency.
- Scanning volume.
- Artificial intelligence usage credits.
- Legislative intelligence functionality.
- Data retention or reporting capabilities.
- Available integrations.
- Support levels.
- Other usage-based features.
Customers agree not to exceed applicable subscription limits.
4.2 Changes to Plans
Customers may upgrade or downgrade their subscriptions according to the options made available through the platform.
Changes may affect pricing, available functionality, usage limits, and billing arrangements.
Any applicable charges or credits associated with a subscription change will be disclosed before confirmation.
4.3 Add-On Services
Nektur AI may offer optional add-ons, including additional websites, users, scanning capacity, or AI usage credits.
Add-on pricing, availability, billing arrangements, and associated limitations will be disclosed when purchased.
Add-ons are subject to these Terms unless otherwise specified.
4.4 Free Plans
Free subscriptions may be subject to reduced functionality, usage limits, or other restrictions.
Nektur AI may modify or discontinue free-plan offerings by providing reasonable notice when practicable.
Free subscriptions do not establish an entitlement to perpetual access to specific features.
5. Billing, Payments, and Automatic Renewal
5.1 Subscription Fees
Customers agree to pay all applicable subscription fees and charges associated with their selected plans and purchased add-ons.
Pricing is displayed before purchase or specified in an applicable order agreement.
Unless otherwise stated, prices are denominated in U.S. dollars.
5.2 Payment Processing
Nektur AI uses Stripe to facilitate payment processing and subscription billing.
By purchasing a subscription, customers authorize Nektur AI and its payment processor to charge the selected payment method for applicable fees.
Payment processing may be subject to additional terms imposed by Stripe.
5.3 Automatic Renewal
Unless otherwise stated, paid subscriptions automatically renew at the end of each applicable billing period until canceled.
By purchasing an automatically renewing subscription, customers authorize recurring charges at the disclosed subscription rate, together with applicable taxes and authorized additional charges.
The applicable renewal frequency will be disclosed during checkout.
5.4 Monthly and Annual Billing
Nektur AI may offer monthly or annual subscription arrangements.
Annual subscriptions are billed according to the annual pricing and renewal terms disclosed at purchase.
Monthly subscriptions are billed according to the selected monthly billing arrangement.
5.5 Failed Payments
If a payment cannot be processed, Nektur AI may:
- Notify the customer.
- Request updated payment information.
- Retry payment processing.
- Restrict access to paid functionality.
- Suspend the subscription after appropriate notice.
Nektur AI will provide reasonable opportunities to resolve payment issues where practicable.
5.6 Taxes
Subscription fees generally exclude applicable sales, use, value-added, and similar transaction taxes unless otherwise stated.
Customers are responsible for applicable taxes associated with their purchases, excluding taxes imposed on Nektur AI's net income.
Nektur AI may calculate and collect applicable transaction taxes through its billing platform.
5.7 Price Changes
Nektur AI may modify subscription prices.
Price changes affecting existing subscriptions will generally take effect at a subsequent renewal period.
Nektur AI will provide advance notice of material price increases and any cancellation rights required by applicable law.
6. Cancellation and Refunds
6.1 Subscription Cancellation
Customers may cancel their subscriptions through available account billing controls or by contacting Nektur AI support.
Cancellation prevents future subscription renewals, subject to any applicable commitments in a separate written agreement.
6.2 Effective Date of Cancellation
Unless otherwise stated during cancellation, paid subscriptions remain active through the end of the current paid billing period.
Cancellation does not automatically terminate access to services already paid for during that period.
6.3 Refunds
Except where required by applicable law, expressly offered by Nektur AI, or provided in a separate written agreement, subscription fees are nonrefundable.
Partial billing periods, unused service capacity, and unused subscription entitlements generally do not qualify for prorated refunds.
This provision does not limit any nonwaivable statutory rights or remedies available to customers.
6.4 Annual Subscriptions
Customers who cancel an annual subscription generally retain access through the end of the paid annual term.
Cancellation prevents automatic renewal.
Unless otherwise required by law or expressly agreed, early cancellation does not entitle customers to a refund of the unused portion of the annual term.
6.5 Nektur-Initiated Termination
If Nektur AI terminates a paid subscription without cause before the end of a prepaid term, Nektur AI will provide an appropriate prorated refund for the unused prepaid subscription period, unless otherwise agreed.
7. Artificial Intelligence Credits and Usage
Certain Nektur AI features may require artificial intelligence usage credits or other metered entitlements.
7.1 AI Credit Allocation
Customers receive AI credits according to their selected subscription plan or purchased add-ons.
Credit allocations and consumption rules will be described through the platform or applicable pricing documentation.
7.2 Credit Consumption
Credits may be consumed when customers use AI-powered functionality, including:
- Website scan analysis.
- AI-generated recommendations.
- Privacy documentation generation.
- Regulatory analysis.
- Nek AI Assistant.
- Other AI-enabled features.
The number of credits required may vary according to the functionality performed.
7.3 Credit Limits
Customers may be restricted from accessing credit-consuming functionality after exhausting their available allocation.
Nektur AI may offer additional credits through optional purchases or subscription upgrades.
7.4 Credit Expiration
The expiration, renewal, and rollover treatment of AI credits will be disclosed as part of the applicable subscription plan or add-on terms.
Unless expressly stated otherwise at purchase, credits have no cash value and cannot be redeemed for currency.
7.5 Usage Monitoring
Nektur AI may monitor usage to enforce plan limits, prevent abuse, maintain service performance, and administer billing.
Customers must not attempt to circumvent usage restrictions through automated account creation, unauthorized access, or other prohibited methods.
8. Acceptable Use
Customers agree to use Nektur AI only for legitimate and lawful purposes.
Customers must not:
- Violate applicable laws or regulations.
- Access or attempt to access systems without authorization.
- Submit websites for scanning without appropriate authorization.
- Use the Services to conduct malicious security testing.
- Introduce malware, malicious code, or harmful content.
- Interfere with the availability, operation, or security of the platform.
- Attempt to bypass authentication or access controls.
- Access information belonging to other customers without authorization.
- Attempt to circumvent subscription limitations or usage controls.
- Reverse engineer, decompile, or improperly extract proprietary platform components, except where applicable law expressly permits such activity.
- Use automated methods to overload or degrade the Services.
- Resell or redistribute the Services without authorization.
- Use the Services to facilitate fraud, identity theft, harassment, or other unlawful activities.
- Submit information that the customer lacks authority to process.
- Use AI-powered functionality in violation of applicable provider restrictions or Nektur AI's acceptable use requirements.
Nektur AI may investigate suspected violations.
Where reasonably necessary to protect the platform, other customers, or third parties, Nektur AI may restrict or suspend access.
9. Website Scanning Authorization
Nektur AI provides automated website scanning and technical analysis functionality.
Customers represent and warrant that they have the appropriate authorization to scan submitted websites and domains.
Customers must not use Nektur AI to scan websites or systems in a manner that violates applicable laws, contractual restrictions, or third-party rights.
9.1 Scope of Scanning
Website scanning may involve:
- Automated browser navigation.
- Cookie inspection.
- Script identification.
- Tracking technology analysis.
- Network request observation.
- Website metadata collection.
- Privacy-related technical assessments.
- Supported security observations.
9.2 Technical Limitations
Scan results may vary due to:
- Website configuration.
- Geographic restrictions.
- Browser behavior.
- Authentication requirements.
- Anti-automation technologies.
- Dynamic content.
- Third-party service availability.
- Technical failures.
- Changes to website functionality.
Nektur AI does not guarantee that scanning will identify every cookie, tracking technology, security issue, or potential privacy concern.
9.3 Customer Responsibility
Customers remain responsible for determining appropriate remediation activities and validating technical findings before taking consequential actions.
Nektur AI does not guarantee that scan results establish compliance with applicable privacy, security, or advertising requirements.
10. Consent Management Responsibilities
Nektur AI provides tools to support customer-configured consent management experiences.
Customers remain responsible for:
- Determining applicable consent requirements.
- Configuring appropriate consent categories.
- Providing accurate disclosures.
- Identifying relevant tracking technologies.
- Establishing appropriate geographic configurations.
- Ensuring their websites honor applicable consent preferences.
- Maintaining accurate privacy documentation.
- Reviewing changes to applicable laws and regulations.
Nektur AI may provide technical observations, recommendations, and verification functionality.
However, Nektur AI does not guarantee that deploying its consent management tools automatically establishes compliance with GDPR, CCPA, CPRA, or other privacy requirements.
Customers must independently evaluate their legal obligations.
11. Data Subject Access Management Responsibilities
Nektur AI provides tools to assist customers in managing privacy rights requests.
Customers remain responsible for:
- Identifying applicable privacy rights.
- Determining the validity of requests.
- Verifying requester identities.
- Establishing appropriate response procedures.
- Meeting statutory response deadlines.
- Determining applicable exceptions.
- Providing legally sufficient responses.
- Completing required actions within their own systems.
Nektur AI may provide organizational, tracking, and AI-assisted functionality.
The platform does not independently guarantee fulfillment of customer obligations under applicable privacy laws.
Customers acknowledge that completing a workflow within Nektur AI does not necessarily establish that information has been deleted, corrected, or disclosed within external systems.
12. Privacy Policy Generation
Nektur AI provides AI-assisted privacy documentation capabilities.
Generated documents may be based on customer-provided information, supported platform observations, and AI-generated analysis.
Customers acknowledge that:
- Generated documents may require customization.
- AI-generated statements may be incomplete or inaccurate.
- Legal requirements vary across jurisdictions.
- Organizational data practices may change over time.
- Generated documents require appropriate review.
Customers are responsible for verifying the accuracy and legal suitability of documentation before publishing or relying upon it.
Nektur AI does not guarantee that generated privacy policies or other documents satisfy every applicable legal or regulatory requirement.
13. Legislative Intelligence and Regulatory Tracking
Nektur AI may provide access to legislative information, regulatory developments, and AI-assisted analysis.
Information may originate from governmental sources, legislative data providers, and other authorized sources.
13.1 Informational Purposes
Legislative and regulatory information is provided for general informational and operational support purposes.
13.2 Accuracy and Availability
Nektur AI does not guarantee that legislative information will be:
- Complete.
- Error-free.
- Updated immediately.
- Available for every jurisdiction.
- Inclusive of every regulatory development.
- Suitable for a customer's particular legal circumstances.
13.3 AI Regulatory Analysis
AI-generated summaries and interpretations may contain errors, omissions, or outdated information.
Customers are responsible for independently verifying legislative developments and seeking appropriate professional guidance when necessary.
13.4 No Legal Advice
Nektur AI is not a law firm.
The Services do not create an attorney-client relationship.
Legislative intelligence and regulatory recommendations do not constitute legal opinions or professional legal advice.
14. Artificial Intelligence and Nek AI Assistant
Nektur AI utilizes the OpenAI API to provide supported artificial intelligence functionality.
14.1 Third-Party AI Technology
Certain AI-powered features rely on technology provided by OpenAI.
Availability and performance may be affected by third-party service availability, technical limitations, provider policies, and other operational factors.
14.2 AI Inputs and Outputs
Customers may submit information to AI-enabled features.
Relevant information may be transmitted to OpenAI for processing according to applicable service configurations and contractual arrangements.
OpenAI's API data handling practices are addressed in Nektur AI's Privacy Policy.
14.3 AI-Generated Information
AI-generated results may contain inaccuracies, omissions, outdated information, or other errors.
Customers must exercise appropriate judgment when reviewing AI-generated outputs.
14.4 Human Oversight
AI-generated recommendations are intended to assist human decision-making.
Customers remain responsible for consequential decisions and actions taken based on AI-generated information.
14.5 No Professional Advice
AI-generated output does not constitute legal, financial, medical, or other regulated professional advice.
Customers should consult appropriately qualified professionals when necessary.
14.6 AI Usage Restrictions
Customers must not use AI-powered functionality for unlawful purposes or in violation of applicable acceptable use requirements.
Nektur AI may apply reasonable technical safeguards, usage restrictions, and content controls to AI functionality.
14.7 AI Output Ownership
As between Nektur AI and the Customer, the Customer retains rights in its submitted content and may use AI-generated outputs produced for its account, subject to applicable law, third-party rights, and these Terms.
Nektur AI does not guarantee that AI-generated outputs are unique, copyrightable, noninfringing, or exclusively available to one customer.
Other users may independently receive similar outputs.
This provision does not transfer ownership of Nektur AI's underlying software, proprietary algorithms, templates, interfaces, or platform technology.
15. Customer Data Ownership and Processing
15.1 Customer Ownership
Customers retain their ownership rights in information, documents, configurations, and other content submitted to the Services ("Customer Data").
Nektur AI does not acquire ownership of Customer Data solely because it is processed through the platform.
15.2 License to Process Customer Data
Customers grant Nektur AI a limited, nonexclusive, worldwide license to access, host, store, reproduce, transmit, analyze, and otherwise process Customer Data as reasonably necessary to:
- Provide the Services.
- Perform authorized customer requests.
- Maintain platform functionality.
- Provide technical support.
- Enforce applicable agreements.
- Protect platform security.
- Comply with applicable legal obligations.
This license continues only as necessary to fulfill the applicable purposes and obligations.
15.3 Customer Responsibilities
Customers represent and warrant that they possess the rights, permissions, and legal authority necessary to submit and process Customer Data through the Services.
15.4 Data Protection
Nektur AI will process personal information according to its Privacy Policy, applicable agreements, and relevant data protection requirements.
Where Nektur AI acts as a processor or service provider, additional obligations may be governed by an applicable Data Processing Agreement.
15.5 Sensitive and Regulated Information
Unless expressly authorized under an applicable written agreement and supported service configuration, customers must not submit information requiring specialized contractual or regulatory safeguards beyond those provided by the Services.
This may include protected health information subject to HIPAA, regulated financial information, or other categories of highly sensitive information requiring additional protections.
Customers are responsible for determining whether the Services are appropriate for their intended processing activities.
15.6 Data Export and Deletion
Customers may access or export information through functionality made available under their subscriptions.
Following termination, Nektur AI may retain Customer Data for a limited period to support account closure, recovery, and applicable legal obligations.
Data availability, export options, and deletion procedures are subject to applicable agreements and documented retention practices.
Customers are responsible for exporting information they wish to retain before access expires.
16. Confidentiality
Each party may receive confidential or proprietary information belonging to the other party.
"Confidential Information" includes nonpublic information that is designated confidential or should reasonably be understood to be confidential based on its nature and the circumstances of disclosure.
Confidential Information may include:
- Customer Data.
- Business records.
- Technical configurations.
- Security documentation.
- Pricing arrangements.
- Proprietary software information.
- Nonpublic operational information.
Each party agrees to:
- Protect the other party's Confidential Information using reasonable care.
- Use Confidential Information only for purposes permitted under this Agreement.
- Restrict access to individuals and service providers with a legitimate need to know.
- Avoid unauthorized disclosure.
- Comply with applicable contractual and legal obligations.
Confidentiality obligations do not apply to information that:
- Becomes publicly available without breach of this Agreement.
- Was lawfully known before disclosure.
- Is independently developed without using Confidential Information.
- Is lawfully obtained from an authorized third party.
Disclosure may occur when required by applicable law, subject to legally permissible notice and protective measures.
17. Intellectual Property Rights
17.1 Nektur AI Ownership
Nektur AI, LLC retains all rights, title, and interest in its proprietary technology and intellectual property.
This includes:
- Software.
- Source code.
- Application architecture.
- User interfaces.
- Visual designs.
- Product names.
- Logos.
- Trademarks.
- Proprietary algorithms.
- Documentation.
- Platform features.
- Other protected intellectual property.
17.2 Limited License
Subject to compliance with these Terms and payment of applicable fees, Nektur AI grants customers a limited, nonexclusive, nontransferable, nonsublicensable right to access and use the Services during their applicable subscription term.
This license is granted solely for the customer's authorized internal business purposes, except where an Agency or other applicable plan expressly permits client-facing use.
17.3 Restrictions
Customers must not copy, distribute, modify, reverse engineer, or create unauthorized derivative works of proprietary Nektur AI technology except as expressly permitted by applicable law or written agreement.
17.4 Feedback
Customers may provide suggestions, recommendations, or feedback concerning the Services.
Nektur AI may use voluntarily submitted feedback to improve its products without additional compensation, provided such use does not require unauthorized disclosure of Customer Data or Confidential Information.
18. Third-Party Services and Integrations
Nektur AI relies on third-party service providers to support certain platform capabilities.
These may include:
- Vercel.
- Supabase.
- Browserless.
- Stripe.
- OpenAI.
- Other authorized infrastructure or integration providers.
Third-party services may be subject to their own terms, privacy policies, and operational limitations.
Nektur AI is not responsible for disruptions caused solely by independent third-party systems outside its reasonable control, except to the extent otherwise required by applicable law or contractual commitments.
Customers acknowledge that some platform features may depend on the continued availability of third-party technologies.
Nektur AI may replace or modify third-party integrations as reasonably necessary to maintain or improve the Services.
19. Service Availability and Maintenance
Nektur AI endeavors to maintain reliable and secure platform operations.
However, uninterrupted or error-free service is not guaranteed.
Service availability may be affected by:
- Scheduled maintenance.
- Software updates.
- Infrastructure failures.
- Network outages.
- Third-party service disruptions.
- Security incidents.
- Events beyond reasonable operational control.
Nektur AI may temporarily restrict access when reasonably necessary to perform maintenance, address security concerns, or protect service integrity.
Where practicable, customers will receive advance notice of planned maintenance that materially affects availability.
No specific service-level commitment is established unless provided in a separate written Service Level Agreement ("SLA") or enterprise contract.
20. Suspension and Termination
20.1 Suspension by Nektur AI
Nektur AI may suspend access when reasonably necessary due to:
- Material violations of these Terms.
- Unauthorized or unlawful activity.
- Security threats.
- Fraudulent behavior.
- Material payment failures.
- Actions threatening platform integrity.
- Legal or regulatory requirements.
Where circumstances permit, Nektur AI will provide notice and a reasonable opportunity to resolve the issue.
Immediate suspension may occur when necessary to prevent material harm or address urgent security concerns.
20.2 Termination by Customer
Customers may terminate their subscriptions according to the cancellation provisions described in Section 6.
20.3 Termination by Nektur AI
Nektur AI may terminate this Agreement for material breach if the breach is not remedied within a reasonable period following notice, where remediation is possible.
Immediate termination may occur for serious unlawful conduct, fraud, or material security abuse.
20.4 Effect of Termination
Upon termination:
- Customer access rights cease.
- Outstanding payment obligations remain due.
- Subscription entitlements expire.
- Customer Data becomes subject to applicable retention and deletion procedures.
- Provisions intended to survive termination remain enforceable.
21. Warranties and Disclaimers
Nektur AI will provide the Services with reasonable care and skill, consistent with applicable contractual commitments.
Except as expressly provided in this Agreement or required by applicable law, the Services are provided on an "AS IS" and "AS AVAILABLE" basis.
To the maximum extent permitted by applicable law, Nektur AI disclaims implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
Nektur AI does not warrant that:
- The Services will be uninterrupted.
- Every software error will be corrected.
- Every security vulnerability will be detected.
- Every tracking technology will be identified.
- Every privacy issue will be discovered.
- Every legislative development will be identified immediately.
- AI-generated content will always be accurate.
- Generated privacy documentation will satisfy all applicable laws.
- Use of the Services will guarantee regulatory compliance.
Nothing in this Agreement excludes warranties or protections that cannot lawfully be excluded.
22. Limitation of Liability
22.1 Exclusion of Certain Damages
To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to this Agreement.
This includes lost profits, lost business opportunities, or business interruption damages, even if the party was advised of their possibility.
22.2 Aggregate Liability
To the maximum extent permitted by applicable law, Nektur AI's total aggregate liability arising out of or relating to this Agreement will not exceed the total fees paid or payable by the Customer to Nektur AI during the twelve months immediately preceding the event giving rise to the claim.
For customers using only free Services, Nektur AI's total aggregate liability will not exceed one hundred U.S. dollars ($100).
22.3 Exceptions
Nothing in this Agreement limits liability to the extent such limitation is prohibited by applicable law.
The liability limitations do not apply to fraud, willful misconduct, or other liabilities that cannot legally be excluded or limited.
Any additional liability exceptions or negotiated liability caps in a separately executed agreement will control to the extent applicable.
22.4 Allocation of Risk
The parties acknowledge that the limitations of liability reflect a reasonable allocation of risk and form a material basis of the Agreement.
23. Indemnification
23.1 Customer Indemnification
To the extent permitted by applicable law, the Customer agrees to defend, indemnify, and hold harmless Nektur AI, LLC and its officers, employees, and authorized representatives against third-party claims, damages, liabilities, and reasonable legal expenses arising from:
- Customer Data that infringes third-party rights.
- Unauthorized website scanning initiated by the Customer.
- The Customer's unlawful use of the Services.
- Material violations of applicable laws attributable to the Customer's activities.
- The Customer's material breach of these Terms.
This obligation does not apply to the extent a claim results from Nektur AI's own breach, negligence, willful misconduct, or unlawful conduct.
23.2 Indemnification Procedures
The indemnified party will provide reasonably prompt notice of a claim.
The indemnifying party will be permitted to control the defense and settlement, subject to reasonable cooperation and protections.
No settlement may impose nonmonetary obligations or admissions of wrongdoing on the indemnified party without its prior written consent.
24. Compliance With Laws
Each party agrees to comply with laws and regulations applicable to its activities under this Agreement.
Customers are responsible for determining their own legal and regulatory obligations.
Depending on their activities, these may include:
- GDPR.
- CCPA and CPRA.
- Other applicable U.S. state privacy laws.
- Electronic communications and consent requirements.
- Consumer protection requirements.
- Data security obligations.
- Industry-specific requirements.
Nektur AI provides technology that may assist with privacy compliance activities.
Use of the Services does not transfer the customer's independent legal or regulatory responsibilities to Nektur AI.
Nothing in these Terms relieves Nektur AI of legal obligations directly applicable to its own operations or processing activities.
25. Changes to the Services and Terms
Nektur AI may modify these Terms to reflect:
- Changes in applicable law.
- Security requirements.
- Product enhancements.
- Operational improvements.
- Changes in service offerings.
- Changes in third-party dependencies.
When material changes are made, Nektur AI will provide reasonable advance notice, unless immediate changes are required for legal, security, or other urgent reasons.
Material changes will not retroactively eliminate accrued rights or remedies.
Continued use of the Services after updated Terms become effective may constitute acceptance where legally permitted.
Where applicable law requires affirmative consent, Nektur AI will obtain it before implementing changes that require such consent.
Customers who do not agree to revised Terms may discontinue use of the Services and cancel their subscriptions according to applicable cancellation provisions.
26. Governing Law and Dispute Resolution
26.1 Governing Law
This Agreement will be governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict-of-law principles.
26.2 Informal Dispute Resolution
Before initiating formal legal proceedings, the parties agree to attempt in good faith to resolve disputes through written notice and reasonable discussions.
A party seeking informal resolution should provide a description of the dispute and requested resolution.
The parties will have thirty days following receipt of notice to attempt an informal resolution, unless urgent legal relief is reasonably necessary.
26.3 Jurisdiction
Unless otherwise required by applicable law or agreed in a separate written contract, disputes arising from this Agreement will be brought before the state or federal courts having jurisdiction in Pennsylvania.
Each party consents to the jurisdiction of such courts.
26.4 Equitable Relief
Nothing in this Agreement prevents either party from seeking appropriate injunctive or other equitable relief to protect intellectual property, confidential information, or other legally protected interests.
27. Force Majeure
Neither party will be responsible for delays or failures in performance caused by circumstances beyond its reasonable control.
Such circumstances may include:
- Natural disasters.
- Severe weather events.
- War or civil unrest.
- Governmental actions.
- Widespread telecommunications disruptions.
- Major infrastructure failures.
- Significant internet outages.
- Other extraordinary events beyond reasonable control.
The affected party must take commercially reasonable steps to mitigate the effects of the event.
This provision does not excuse obligations to pay amounts already due.
28. Notices and Electronic Communications
Customers agree that Nektur AI may provide contractual, operational, and legally required notices electronically where permitted by law.
Notices may be delivered through:
- Registered account email addresses.
- Platform notifications.
- Website announcements.
- Other agreed communication methods.
Customers are responsible for maintaining accurate contact information.
Electronic notices will be considered delivered according to applicable law and the method used.
Formal notices to Nektur AI may be directed to:
Nektur AI, LLC
Legal Department
Email: legal@nektur.ai
Website: https://nektur.ai
Business Mailing Address: [Insert registered business mailing address]
29. General Provisions
29.1 Entire Agreement
These Terms, together with applicable order agreements, incorporated policies, and separately executed contractual documents, constitute the entire agreement concerning the Services.
29.2 Severability
If any provision is found unenforceable, the remaining provisions will remain in effect to the extent permitted by law.
29.3 Waiver
Failure to enforce a provision does not constitute a waiver of the right to enforce that provision later.
29.4 Assignment
Customers may not assign this Agreement without Nektur AI's prior written consent, except where permitted by applicable law.
Nektur AI may assign this Agreement in connection with a merger, acquisition, corporate restructuring, or sale of substantially all relevant assets, provided the assignee assumes the applicable obligations.
29.5 Independent Contractors
The parties are independent contractors.
Nothing in this Agreement creates a partnership, joint venture, employment relationship, or agency relationship.
29.6 No Third-Party Beneficiaries
Unless expressly stated otherwise, this Agreement does not create enforceable rights for third parties.
29.7 Survival
Provisions concerning payment obligations, intellectual property, confidentiality, limitations of liability, indemnification, dispute resolution, and other provisions intended by their nature to survive will remain effective after termination.
30. Contact Information
Questions concerning these Terms of Service may be directed to:
Nektur AI, LLC
Legal Department
Email: legal@nektur.ai
Privacy Inquiries: privacy@nektur.ai
Website: https://nektur.ai
Business Mailing Address: [Insert registered business mailing address]
31. Acknowledgment and Acceptance
By registering for, purchasing, accessing, or using Nektur AI Services, you acknowledge that you have reviewed these Terms of Service and agree to be bound by their provisions.
If you are accepting these Terms on behalf of an organization, you represent that you have the authority to enter into this Agreement on that organization's behalf.
© 2026 Nektur AI, LLC. All rights reserved.
