TERMS OF USE

Last updated Feb 22, 2026

AGREEMENT TO OUR LEGAL TERMS

We are nSymbol Technology Inc. ("Company," "we," "us," "our"), a company registered in the greater Edmonton area, Alberta, Canada.

We operate the website https://www.nsymbol.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

We offer subscription access to a desktop application (Tag) which provides data integration and document generation services. Tag incorporates artificial intelligence (AI) features through two subscription models: (1) a Managed Plan using Tag-managed API keys on HIPAA/PIPEDA-aligned infrastructure (AWS Bedrock and Google Vertex AI), and (2) a BYOK (Bring Your Own Key) Plan where users supply their own API keys from vendors including Anthropic, Google (Gemini), OpenAI, and Cohere.

You can contact us by email at support@nsymbol.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and nSymbol Technology Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Legal terms are included in the Tag installer. New terms will take effect when the user runs a new installer and accepts the updated terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PURCHASES AND PAYMENT
SUBSCRIPTIONS
SOFTWARE
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
THIRD-PARTY WEBSITES AND CONTENT
SERVICES MANAGEMENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Regulatory Compliance Notice

HIPAA AND PIPEDA COMPLIANCE

Our Managed Plan is designed with HIPAA/PIPEDA-aligned infrastructure to support users who need to handle regulated data. The Managed Plan routes all AI processing through protected environments (AWS Bedrock and Google Vertex AI) that provide:

Zero data retention by AI providers
No training on user data or prompts
HTTPS-encrypted transmission at all stages
Business Associate Agreements (BAAs) in place with AI infrastructure providers

However, achieving full HIPAA or PIPEDA compliance is a shared responsibility. While we provide the infrastructure and AI routing that meets regulatory technical requirements, you remain responsible for:

Securely storing source documents (on appropriate desktop, network, or cloud storage)
Controlling access permissions to files and generated outputs
Implementing appropriate physical and administrative safeguards
Maintaining secure storage of results after generation
Ensuring all members of your organization follow proper data handling procedures
Executing appropriate agreements (such as Business Associate Agreements) as required by applicable regulations

The Managed Plan provides the technical infrastructure necessary for HIPAA/PIPEDA compliance, but compliance depends on how you implement and use the Services within your organization's complete data handling workflow.

BYOK PLAN AND COMPLIANCE

The BYOK (Bring Your Own Key) Plan does not provide HIPAA/PIPEDA-aligned infrastructure. If you use the BYOK Plan, you are solely responsible for:

- Selecting AI vendors whose data handling practices meet your compliance requirements
- Understanding each vendor's data retention, security, and training policies
- Ensuring your chosen AI vendor provides appropriate compliance guarantees
- Obtaining any necessary agreements (such as BAAs) directly from your AI vendor
- Verifying that your complete workflow meets applicable regulatory standards

If you have questions about using Tag for regulated data or need assistance understanding your compliance obligations, please contact us at support@nsymbol.com.

OTHER REGULATORY FRAMEWORKS

The Services are not designed to comply with FISMA or other industry-specific regulatory frameworks beyond HIPAA and PIPEDA. If your use case requires compliance with other regulations, please contact us to discuss whether the Services can meet your needs.

SUBSCRIPTION MODELS

We offer two subscription models for accessing AI features:

Managed Plan

Provides access to Tag AI features and unlimited report generations
Uses Tag-managed API keys on HIPAA/PIPEDA-aligned infrastructure
Zero data retention by AI providers
AI providers will not train on your data or prompts
Includes one-time $10 welcome AI-usage credits (deducted from first month's subscription fee)
Additional AI-usage credits can be purchased
Optional auto top-up of AI-usage credits available
Optional access to BYOK for fallback routing flexibility
Subject to 30-day money-back guarantee (see SUBSCRIPTIONS section)

BYOK (Bring Your Own Key) Plan

Provides access to Tag AI features and unlimited report generations
Requires you to supply your own API key(s) purchased directly from AI vendor(s)
You are responsible for understanding and complying with your chosen vendor's data retention, security, and training policies
Supports Anthropic, Google (Gemini), OpenAI, and Cohere
Subject to 7-day free trial

SECURITY ARCHITECTURE AND AI LIMITATIONS

Tag is designed as a user-controlled AI tool, not an autonomous AI agent system. Important distinctions:

User-Initiated Actions Only: All operations require explicit user action.Tag does not perform autonomous background tasks, automated decision-making, or self-directed workflows.
No Autonomous System Access: AI features cannot independently access your file system, execute programs, open applications, or modify system settings. File operations occur only through standard user-initiated commands.
Controlled AI Scope: AI processes only the specific content you explicitly provide through AI-chains (structured combinations of context, prompts, and model settings). AI cannot independently search your system, access additional files, or expand its scope beyond your direct instructions.
No Tool Use or Function Calling: Unlike autonomous agent systems, Tag's AI features do not have the ability to call functions, execute commands, or use tools without user review and initiation.
Transparent Processing: You maintain full visibility and control over what data is sent to AI services and what actions are performed with the results. Detailed trace files (JSON format) are created after every AI request, which can be saved and archived if required.

This architecture is specifically designed to provide AI benefits while maintaining the security, accountability, and control requirements of healthcare, education, and other regulated environments.

AI SERVICES AND FEATURES

Our Services include artificial intelligence (AI) features that allow users to process content through third-party AI providers using structured, user-controlled workflows. Tag does not implement autonomous AI agents or provide AI with independent system access. Users acknowledge and agree that:

AI responses are not guaranteed to be accurate and users are responsible for reviewing all AI-generated content for errors or inappropriate responses.
Users are responsible for all prompts sent to AI services and the resulting outputs. With the Managed Plan, Tag routes your requests through secure, protected AI environments (AWS Bedrock and Google Vertex AI) with zero data retention. With the BYOK Plan, your requests go directly to your chosen AI vendor, and you are responsible for understanding that vendor's data handling practices.
Use of AI features is subject to rate limits and acceptable use policies of third-party AI providers.
Users may not use AI features to generate illegal, harmful, or prohibited content.
Users must comply with all terms of service of third-party AI providers (including Anthropic, OpenAI, Google and Cohere).
Performance and availability of AI services depend on third-party AI providers and infrastructure. Response times may vary, and we are not responsible for slowdowns, outages, or performance issues originating from AI vendors or providers.
Tag provides tools to swap between AI vendors and providers to give you flexibility when experiencing performance issues, but we cannot guarantee consistent response times.
The Services process data through our servers (in Canada) for the Managed Plan only. BYOK Plan requests go directly from your desktop application to your chosen AI vendor.
Tag uses AI-Chains (structured combinations of context, prompts, and model settings) rather than autonomous agents. All AI processing requires explicit user initiation and operates only on content you directly provide.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,

solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@nsymbol.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

Generated content

Users retain full ownership of all documents and content generated using the Services
Users are solely responsible for reviewing and verifying the accuracy of all generated content
Generated content may be used for any lawful purpose without restriction, including for commercial use in your own business (such as client reports, marketing materials, business documents, assessments, store flyers, etc.)
We make no warranties about the accuracy, completeness or quality of generated content
You may not resell or redistribute Tag's Services themselves, but you may use documents created with Tag in your business operations and client deliverables

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment through our billing partner Chargebee Inc. (www.chargebee.com):

Visa
Mastercard

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All subscription payments shall be in Canadian or US dollars. All payments for AI credits shall be in US dollars to align with the pricing models of AI vendors.

You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your Chargebee account for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

AI-USAGE CREDITS (MANAGED PLAN ONLY)

Users on the Managed Plan may purchase AI-usage credits to power AI features:

Welcome credits: Your first subscription includes a one-time $10 value of AI-usage credits, deducted from your first month's subscription fee
Additional credits can be purchased in $5 increments through the Tag desktop application or website
Credits are deducted based on actual AI usage (processing requests)
Credit balance is tracked in our database and visible in your account
Auto top-up: You may enable automatic purchase of $5 in credits when your balance drops below $5
Minimum balance: AI requests require a minimum balance of $1; requests will be blocked if balance falls below $1
Credits are non-refundable, even if you cancel your subscription
If you cancel and later resubscribe within 90 days, your unused credits will remain available
If you resubscribe after 90 days, all previous credits are forfeited
Account and credit data is permanently deleted 90 days after subscription termination

FRAUD PREVENTION AND ACCOUNT SECURITY

We work with our payment processor, Chargebee Inc., to detect and prevent fraudulent activity, including abuse of free trials and money-back guarantees.

Chargebee Fraud Detection: Our payment processor employs multiple fraud detection mechanisms:

Payment gateway fraud signals: Transactions are evaluated by payment gateways (such as Stripe Radar) and categorized as Safe, Suspicious, or Fraudulent
IP address monitoring: IP addresses associated with transactions are tracked and analyzed. IP addresses involved in gateway-identified fraudulent transactions are flagged, and future transactions from these IPs may be subject to additional scrutiny
Pattern analysis: Multiple subscriptions or refund requests from similar account characteristics may be flagged for review

Data Shared with Chargebee: We share the following information with Chargebee for payment processing and fraud prevention:

Name and email address
Last 4 digits of payment method
Transaction history and amounts
IP address associated with transactions

If fraud or abuse is detected, we reserve the right to:

Deny future subscriptions or purchases
Limit access to free trials and money-back guarantees
Suspend or terminate accounts
Report fraudulent activity to appropriate authorities

For more information about Chargebee's fraud protection practices, see their privacy policy at https://www.chargebee.com/privacy/.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Free Trial and Money Back Guarantee

BYOK Plan: We offer a 7-day free trial to new users who register for the BYOK Plan. The account will not be charged during the trial period. At the end of the trial, your subscription will begin and payment will be processed. If there is no credit card on file at the end of the 7-day free trial, your subscription will be cancelled.

Managed Plan: We offer a 30-day money-back guarantee for new users who subscribe to the Managed Plan. If you request a refund within 30 days of your initial subscription, we will refund the full subscription amount, even if you have used some or all of the welcome AI-usage credits.

We reserve the right to limit eligibility for the 30-day money-back guarantee. Users who repeatedly subscribe and request refunds using the same email address, or who attempt to circumvent this limitation by using multiple email addresses, will not be eligible for future money-back guarantees and may be denied service.

Cancellation

You can cancel your subscription using our customer billing portal under the "Billing Portal" menu item in the Account menu. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@nsymbol.com.

Any subscription without a valid credit card on file will be automatically cancelled. Cancelled subscriptions may be re-activated by the user in the customer billing portal as long as the user's account still exists. Inactive accounts are deleted after 90 days.

Plan Changes

You may switch between the Managed Plan and BYOK Plan at any time. Plan changes take effect immediately upon confirmation. If you switch plans mid-billing cycle, prorated credits will be issued/charged as determined by Chargebee's billing system.

AI-usage credits are only available with the Managed Plan; if you switch from Managed to BYOK, any unused credits will be retained for as long as you maintain an active paid subscription and will remain available if you switch back to the Managed Plan within your subscription period.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. SOFTWARE

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

API USAGE AND RESTRICTIONS

Managed Plan: We provide and manage API keys for AI services. You are not responsible for obtaining, securing, or managing API keys. You may optionally access BYOK for fallback routing flexibility.

BYOK Plan: You are responsible for:

Obtaining and securing your own API keys for third-party AI services
Complying with all rate limits and usage restrictions imposed by AI providers
Keeping your API keys confidential and not sharing access
Any costs or fees associated with your API usage
Understanding and complying with your chosen AI vendor's data retention, security, and training policies

Users on either plan may not:

Share, resell, or redistribute API access
Use automated means to generate excessive API calls beyond normal usage patterns
Attempt to circumvent API rate limits or restrictions

DESKTOP APPLICATION

The Services are provided via desktop software that:

Runs on Windows and macOS operating systems
Can be downloaded and installed from our website
Can be uninstalled through standard operating system tools
Accesses local, network and cloud drives visible to the user's computer
Automatically checks for and applies updates when launching
Receives periodic updates and maintenance releases
For Managed Plan: Transmits data via HTTPS to Tag servers in Canada, which then route to protected AI environments (AWS Bedrock and Google Vertex AI)
For BYOK Plan: Transmits data via HTTPS directly from your desktop to your chosen AI vendor's API endpoints

Users are responsible for:

Meeting minimum system requirements
Installing updates when available
Maintaining adequate disk space and permissions
Backing up data before updates or uninstallation

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system beyond the automation capabilities explicitly provided or intended by the Services. This includes, but is not limited to, unauthorized use of scripts, bots, or external tools to send unsolicited messages, manipulate workflows, or extract data in ways that circumvent designed system functionality. Use of unauthorized data scraping, mining of third-party content, or other similar activities involving external data sources is strictly prohibited.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services to compete with us by reselling, redistributing, or white-labeling the Services as your own product or service.
Use the Services to advertise or offer to sell Tag subscriptions, API access, or similar services to third parties.
Sell or otherwise transfer your profile.
Use the Services or generated content in ways that violate third-party AI providers' terms of service or usage policies.
Share, resell, or redistribute API keys or access credentials provided through the Services.
Use the Services to generate, transmit, or store any content that violates applicable laws or regulations, including but not limited to content that infringes intellectual property rights.
Attempt to reverse engineer or extract the AI models, prompts, or proprietary algorithms used in the Services.
Use automated means to generate excessive volumes of documents or make excessive API calls that could overburden the system.
Abuse the 30-day money-back guarantee or free trial by repeatedly subscribing and canceling, or by using multiple email addresses to circumvent usage limitations.
Use the Managed Plan's AI-usage credits in a manner intended to exhaust or game the credit system, including but not limited to making excessive, unnecessary, or frivolous AI requests.
Attempt to access, reverse engineer, or extract the routing logic, server configurations, or API key management systems used in the Managed Plan.
Misrepresent the Services as being fully HIPAA or PIPEDA compliant without acknowledging your own responsibilities for end-to-end compliance.
Attempt to modify or extend Tag to create autonomous AI agent functionality or enable AI to independently access system resources, execute commands, or perform actions without explicit user initiation.
Misrepresent Tag as providing autonomous AI agent capabilities or AI-driven automation that operates without user control.

9. USER GENERATED CONTRIBUTIONS

The Services does not offer users the option to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENSE

You and the Company agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

The Services integrate with third-party AI providers, including but not limited to AWS Bedrock (Anthropic Claude), Google Vertex AI (Google Gemini) for the Managed Plan, and when using BYOK Plan, potentially Anthropic, Google, OpenAI and Cohere servers directly. We are not responsible for the performance, availability, data handling practices, or compliance with privacy policies of these third-party AI providers. With the Managed Plan, we use contractual arrangements with AWS and Google that provide HIPAA/PIPEDA-aligned infrastructure, but we cannot guarantee absolute security or compliance. With the BYOK Plan, you are solely responsible for evaluating and ensuring your chosen AI vendor's practices meet your requirements.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.nsymbol.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Canada. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the Services, you are transferring your data to Canada, and you expressly consent to have your data transferred to and processed in Canada.

14. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

Upon termination of your Managed Plan subscription, your account information and any unused AI-usage credits will be retained for 90 days. After 90 days, your account and all associated data, including any remaining AI-usage credits, will be permanently deleted. If you resubscribe within 90 days, your previous credit balance will be restored. AI-usage credits are non-refundable upon termination.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Canada. nSymbol Technology Inc. and yourself irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

17. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, or arbitration shall be Edmonton, Alberta, Canada. The language of the proceedings shall be English. The governing law of these Legal Terms shall be substantive law of Canada.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

18. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

19. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, INCLUDING ANY AI-GENERATED OUTPUTS, DATA TRANSFORMATIONS, OR EXTRACTIONS, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING AI-GENERATED CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, INCLUDING INTERRUPTIONS CAUSED BY THIRD-PARTY AI PROVIDERS OR INFRASTRUCTURE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE DO NOT WARRANT THE PERFORMANCE, AVAILABILITY, OR RESPONSE TIMES OF THIRD-PARTY AI PROVIDERS OR INFRASTRUCTURE, INCLUDING BUT NOT LIMITED TO AWS BEDROCK, GOOGLE VERTEX AI, ANTHROPIC, OPENAI, AND COHERE. WE ARE NOT RESPONSIBLE FOR SLOWDOWNS, OUTAGES, DATA RETENTION PRACTICES, SECURITY BREACHES, OR ANY OTHER ACTIONS OR OMISSIONS BY THIRD-PARTY AI VENDORS OR INFRASTRUCTURE PROVIDERS. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING AI SERVICE PROVIDERS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.Â CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THIS INCLUDES ANY DAMAGES ARISING FROM THE PERFORMANCE, AVAILABILITY, DATA HANDLING, OR SECURITY PRACTICES OF THIRD-PARTY AI PROVIDERS, OR FROM THE LOSS, FORFEITURE, OR EXPIRATION OF AI-USAGE CREDITS.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Services with whom you connected via the Services; or (6) your use of AI features, including but not limited to your prompts, data inputs, storage of source files or generated outputs, compliance with AI vendor terms of service, or handling of regulated data. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

For Managed Plan users, we track and store your AI-usage credit balance in our database. This balance information is retained for 90 days after subscription termination, after which it is permanently deleted. All other user data, including documents, prompts, and generated outputs, remains on your local, network, or cloud storage under your control.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

26. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

nSymbol Technology Inc.- support@nsymbol.com