Terms of Service

To use the Services you must create an account. You agree to provide accurate, current, and complete information, and to keep it up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use.

You agree not to, and not to permit any person to:

• Use the Services to violate any law, regulation, or third-party rights;
• Use the Services to generate, distribute, or facilitate harmful, deceptive, defamatory, or illegal content;
• Attempt to reverse engineer, decompile, or otherwise extract source code or model weights from the Services;
• Use the Services to develop a competing product, including by scraping outputs to train another model;
• Probe, scan, or test the vulnerability of the Services without prior written authorization;
• Circumvent rate limits, access controls, or usage policies;
• Use the Services to make automated decisions that produce legal or similarly significant effects without appropriate human oversight;
• Resell or sublicense the Services without our express written permission.

We may suspend or terminate access without notice if we believe you have violated these provisions.

You retain all rights in the content, prompts, agent definitions, integration data, and outputs you submit to or generate through the Services (“Customer Content”). You grant NxGen a limited license to host, store, process, and transmit Customer Content solely to provide the Services to you and to perform the actions you authorize.

You represent that you have the rights necessary to submit Customer Content and that doing so does not violate any law or third-party right. You are responsible for the accuracy and legality of Customer Content.

We do not use Customer Content to train our models. Aggregated, anonymized usage telemetry may be used to improve reliability and performance of the Services.

The Services use artificial intelligence models to generate outputs (“Output”). Output may contain errors, omissions, or biases inherent to the underlying models. You acknowledge that:

• Output is provided “as is” and may be inaccurate or incomplete;
• You are responsible for reviewing and validating Output before relying on it;
• Similar Output may be generated for other users, and we do not guarantee Output is unique to you;
• NxGen agents take real-world actions on your behalf only within the policies you configure. You are responsible for the policies you set and the actions taken under them.

Paid plans are billed in advance on a monthly or annual cycle. Fees are non-refundable except as required by law. We may change subscription pricing with at least thirty (30) days' notice; changes apply at the start of your next renewal term.

Failure to pay may result in suspension or termination of your account. Taxes are your responsibility unless we are required to collect them.

Free trials convert automatically to the paid plan you selected unless you cancel before the trial ends. We process payments through a third-party payment provider.

Each party agrees to protect the confidential information of the other party with the same degree of care it uses to protect its own confidential information of a similar nature, and in no event with less than reasonable care.

NxGen, the Services, and all related intellectual property are and remain the exclusive property of NxGen AI Labs and our licensors. Nothing in these Terms transfers any ownership rights to you, except the limited rights expressly granted to access and use the Services.

Feedback you provide may be used by us without obligation to you.

The Services may interoperate with third-party tools, models, and platforms (“Third-Party Services”). Your use of any Third-Party Service is governed by that party's terms; NxGen is not responsible for Third-Party Services and disclaims any liability arising from your use of them.

The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely secure.

To the maximum extent permitted by law, NxGen will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or related to your use of the Services. Our aggregate liability for any claim arising out of or related to the Services will not exceed the amounts you paid to us in the twelve (12) months preceding the event giving rise to the claim.

You agree to defend, indemnify, and hold harmless NxGen and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your violation of these Terms, your Customer Content, or your use of the Services in violation of applicable law or third-party rights.

Either party may terminate these Terms by closing the account. We may suspend or terminate your access at any time for material breach of these Terms or to comply with legal obligations. Upon termination, your right to access the Services ends; sections that by their nature should survive will survive.

We may modify the Services or these Terms at any time. Material changes will be announced through the Services or by email. Continued use of the Services after the effective date of any change constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the United States and the state where NxGen is incorporated, without regard to conflict-of-laws principles. Any dispute arising out of these Terms will be resolved through binding arbitration, except that either party may seek equitable relief in court for infringement of intellectual property rights.

These Terms constitute the entire agreement between you and NxGen regarding the Services and supersede any prior agreements. If any provision is found unenforceable, the remainder will remain in effect. Our failure to enforce any provision is not a waiver.

Questions about these Terms? Contact legal@nxgenailabs.com.