Terms of Service

1. Overview

Nuanced, Inc. provides a desktop software application that enables users to define, refine, and execute software specifications using automated systems. By downloading, installing, or using the software, you agree to these Terms.

2. License and Access

Nuanced, Inc. grants you a limited, non-exclusive, non-transferable, and revocable license to use the software for your internal purposes. The software is licensed, not sold, and you receive no ownership rights in it. You may not copy, modify, reverse engineer, distribute, or use the software to build a competing product or make it available to third parties.

3. Use of the Service

You may use Nuanced to create, modify, and execute specifications and workflows. You agree not to use the software for unlawful purposes, interfere with or disrupt the service, or misuse the platform or attempt to bypass safeguards.

4. Responsibility for Decisions and Outputs

You are responsible for your use of the software and any outputs it produces, including any specifications, decisions, code, or systems you create, modify, or deploy using the software. Nuanced, Inc. does not guarantee that outputs or suggestions are correct, complete, secure, or aligned with your intent, and you must independently review and validate all outputs before relying on them.

5. Data Rights and Usage

You retain ownership of your content. However, by using the software, you grant Nuanced, Inc. a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, store, process, modify, adapt, analyze, and create derivative works from your content and any related data for any purpose. This includes operating the service, improving and developing products, training and evaluating models, generating insights and analytics, and commercializing products or data derived from such data.

Nuanced, Inc. may collect and use technical data, usage data, metadata, and information about how you interact with the software, including logs, interactions, system behavior, and derived data. Nuanced, Inc. may use this data for its business purposes, including improving the software, developing new features, security, analytics, and commercialization, and may share or disclose such data in aggregated, de-identified, anonymized, or otherwise transformed form, including in combination with data from other users.

6. Feedback

If you provide feedback, suggestions, or ideas, you grant Nuanced, Inc. a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and commercialize that feedback without restriction or compensation. Feedback is not considered confidential.

7. Intellectual Property

You retain ownership of your content. Nuanced, Inc. retains all rights, title, and interest in and to the software and all related systems, models, and technology, including any improvements or derivatives.

8. No Warranties

The software is provided "as is" and "as available." Nuanced, Inc. disclaims all warranties, express or implied, including any warranties of accuracy, reliability, fitness for a particular purpose, or non-infringement, and does not guarantee that the software will be error-free, secure, or uninterrupted.

9. Limitation of Liability

To the maximum extent permitted by law, Nuanced, Inc. will not be liable for any indirect, incidental, consequential, or special damages, or any loss of data, profits, or business arising from your use of the software. Nuanced, Inc.'s total liability is limited to the amount you paid for the software in the past 12 months, or $100 if you have not paid.

10. Indemnification

You agree to indemnify and hold harmless Nuanced, Inc. and its affiliates, officers, employees, and agents from any claims, damages, or liabilities arising from your use of the software, your content, your violation of these Terms, or any systems or outputs you create or deploy.

11. Termination

Nuanced, Inc. may suspend or terminate your access to the software at any time, with or without notice.

12. Governing Law

These Terms are governed by the laws of the State of California.

13. Changes

Nuanced, Inc. may update these Terms from time to time, and continued use of the software constitutes acceptance of any updates.