NobleAI Terms of Use

These Website Terms of Use (the “Terms”) govern your access to and use of the website located at noble.ai and any related webpages, content, and features operated by Noble Artificial Intelligence, Inc. (“NobleAI,” “we,” “us,” or “our”) that link to these Terms (collectively, the “Website”). By accessing or using the Website, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Website.

SECTION 14 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 14.9.

1. Acceptance and Changes to These Terms

By accessing or using the Website, you represent that you have read, understood, and agree to be bound by these Terms. We may modify these Terms from time to time. If we make material changes, we will update the “Last Updated” date above and, where appropriate, provide additional notice. Your continued use of the Website after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website.

2. Eligibility

The Website is intended for businesses and for individuals who are at least 18 years old. By using the Website, you represent that you are at least 18 and have the legal capacity to enter into these Terms. If you use the Website on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” refers to both you and that organization. The Website is directed to business and professional users and is not intended for children.

3. The Website; Relationship to NobleAI Products and Services

These Terms govern only your use of the public Website and the marketing, informational, and business-development content and features made available through it. Access to and use of NobleAI’s products, platform, or other services are governed by a separate written agreement between NobleAI and the applicable customer, and not by these Terms. Nothing on the Website constitutes an offer, commitment, or warranty regarding any NobleAI product or service, and product descriptions and other content are provided for general informational purposes only.

4. License and Permitted Use

Subject to your compliance with these Terms, NobleAI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your own internal business or personal informational purposes. You may view, download, and print content from the Website only as reasonably necessary for those purposes, provided you do not remove any proprietary notices. We reserve all rights not expressly granted.

5. Prohibited Conduct

You agree not to, and not to permit any third party to:

• access or use the Website for any unlawful purpose or in violation of these Terms or applicable law;
• use any robot, spider, scraper, crawler, or other automated means to access, monitor, or copy the Website or its content, or to harvest data, except for search-engine indexing permitted by our published instructions;
• circumvent, disable, or interfere with security or access-control features of the Website, or probe, scan, or test the vulnerability of any NobleAI system or network;
• introduce malware or any code of a destructive nature, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• frame, mirror, or otherwise reproduce a material portion of the Website, or use its content to build or train a competing product or dataset;
• misappropriate or infringe any intellectual-property or proprietary right, or impersonate any person or entity or misrepresent your affiliation; or
• collect or store personal information about other users without authorization.

6. Intellectual Property

The Website and its content—including text, graphics, logos, images, software, and the selection and arrangement thereof—are owned by NobleAI or its licensors and are protected by intellectual-property laws. “NobleAI,” the NobleAI logo, and related names and marks are trademarks of NobleAI. Except for the limited license in Section 4, these Terms do not grant you any right, title, or interest in the Website or its content, or any license to use NobleAI’s trademarks without our prior written consent.

7. Feedback and Submissions

If you submit comments, ideas, suggestions, or other feedback about the Website or NobleAI’s products or services (“Feedback”), you grant NobleAI a perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, and exploit that Feedback for any purpose without restriction or compensation to you. You represent that you have the rights necessary to provide such Feedback and that it does not violate the rights of any third party. Do not send us any confidential or proprietary information that you do not intend to license to us on these terms.

8. Third-Party Links and Services

The Website may contain links to third-party websites, resources, or services that are not owned or controlled by NobleAI. We provide these links for convenience only and do not endorse and are not responsible for the content, products, or practices of any third party. Your dealings with third parties are solely between you and the third party, and may be subject to their own terms and privacy policies.

9. Privacy

Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, and disclose information in connection with the Website and explains your choices, including with respect to cookies and similar tracking technologies. By using the Website, you acknowledge the practices described in the Privacy Policy.

10. Disclaimers

THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NOBLEAI DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ITS CONTENT IS ACCURATE, COMPLETE, OR CURRENT. ANY RELIANCE ON THE WEBSITE OR ITS CONTENT IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER NOBLEAI NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, NOBLEAI’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless NobleAI and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your access to or use of the Website, your violation of these Terms, or your violation of any law or the rights of any third party.

13. Termination

We may suspend or terminate your access to the Website at any time, with or without cause or notice. Upon termination, the licenses granted to you under these Terms will end, and the provisions that by their nature should survive—including Sections 6, 7, and 10 through 18—will survive.

14. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY DECIDE YOUR CLAIMS, AND TO PARTICIPATE IN A CLASS ACTION. IT REQUIRES YOU AND NOBLEAI TO RESOLVE MOST DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION.

14.1  Informal Dispute Resolution First

Before starting an arbitration or any other proceeding, the party raising a dispute agrees to first send the other a written Notice of Dispute and to attempt in good faith to resolve the matter informally for at least 60 days. A Notice of Dispute to NobleAI must be sent to legal@noble.ai and to Noble Artificial Intelligence, Inc., Attn: Legal Department, 1450 Montgomery St., Ste 100, San Francisco, CA 94111, and must include your name, the contact information you used, a description of the dispute, and the relief you seek. NobleAI will send its Notice of Dispute to the email or postal address it has for you. This individualized, good-faith process is a condition precedent to commencing arbitration, and the applicable statute of limitations and any arbitration-fee deadlines are tolled while it is pending. A single Notice of Dispute may not be submitted on behalf of multiple users.

14.2  Agreement to Arbitrate

You and NobleAI agree that any dispute, claim, or controversy arising out of or relating to these Terms, your access to or use of the Website, or any marketing, advertising, analytics, or data-collection technologies used on the Website — including claims under the California Invasion of Privacy Act, the California Consumer Privacy Act, and other privacy, consumer-protection, or wiretap statutes — that is not resolved under Section 14.1 shall be resolved exclusively by final and binding individual arbitration, rather than in court, except as expressly provided in Sections 14.9 and 14.10. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and evidences a transaction involving interstate commerce.

14.3  Delegation; Who Decides

The arbitrator, and not any court, has exclusive authority to resolve all threshold issues, including the arbitrability, scope, applicability, enforceability, or formation of this Arbitration Agreement, except that a court of competent jurisdiction — and not an arbitrator — shall decide any dispute about the validity or enforceability of the Class Action Waiver in Section 14.6.

14.4  Arbitration Administrator and Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as modified by this Arbitration Agreement. The rules are available at www.adr.org. If the selected administrator is unavailable or unwilling to administer the arbitration consistent with this Section, the parties will select an alternative administrator, or a court may appoint an arbitrator.

14.5  Arbitration Procedures; Fees; Award

The arbitration will be conducted by a single neutral arbitrator. Unless you and NobleAI agree otherwise, any in-person hearing will take place in the county of your residence or by videoconference or telephone. The arbitrator may award any relief that a court could award to the individual claimant under applicable law, and may not award relief on a class, collective, or representative basis. Payment of filing, administration, and arbitrator fees will be governed by the administrator’s rules; where those rules or applicable law require, NobleAI will pay or reimburse such fees for consumer claims. Each party otherwise bears its own attorneys’ fees and costs, except where a statute or these Terms provides for fee-shifting. The arbitrator’s award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.6  Class Action Waiver

YOU AND NOBLEAI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING.Unless both you and NobleAI agree otherwise in writing, the arbitrator may not consolidate or join more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this Class Action Waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) shall be severed and brought in a court of competent jurisdiction, and all other claims shall be arbitrated.

14.7  Jury Trial Waiver

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND NOBLEAI EACH WAIVE ANY RIGHT TO A JURY TRIAL.

14.8  Coordinated or Mass Arbitrations (Batching)

If 25 or more Notices of Dispute of a similar nature are submitted by or with the assistance or coordination of the same or coordinated counsel or organizations, the parties agree these are “Coordinated Arbitrations” and will be administered in staged batches of no more than 50 claimants at a time, with a single set of filing fees per batch. The parties will cooperate with the administrator to implement this batching and any associated bellwether process, and the applicable limitations periods and fee deadlines are tolled for claims awaiting their batch. This Section is intended to promote the efficient and fair resolution of large numbers of similar claims; if it is found unenforceable, the remainder of this Arbitration Agreement remains in effect.

14.9  Your Right to Opt Out of Arbitration

You may opt out of this Arbitration Agreement (including the Class Action Waiver) within 30 days after you first accept these Terms by sending written notice of your decision to opt out to legal@noble.ai with the subject line “Arbitration Opt-Out,” stating your name and the contact information associated with your use of the Website. Opting out will not affect any other provision of these Terms. If you opt out, neither you nor NobleAI is bound by this Section to arbitrate.

14.10  Small-Claims and Other Exceptions

Either party may bring an individual claim in a small-claims court for disputes within that court’s jurisdiction, in lieu of arbitration. Nothing in this Section prevents either party from seeking provisional or injunctive relief from a court to protect intellectual-property rights or to prevent unauthorized access to or misuse of the Website pending arbitration.

14.11  Severability and Survival

Except as stated in Section 14.6, if any part of this Arbitration Agreement is found invalid or unenforceable, the remaining parts remain in effect. This Section survives termination of these Terms and any termination of your use of the Website.

14.12  Governing Law and Venue (Non-Arbitrable Matters)

These Terms and any dispute not subject to arbitration are governed by the laws of the State of California, without regard to its conflict-of-laws rules. For any matter that proceeds in court consistent with this Section, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California, except where applicable law provides otherwise.

15. Governing Law

Except as otherwise provided in Section 14, these Terms and any dispute arising out of or relating to them or the Website are governed by the laws of the State of California, without regard to its conflict-of-laws principles, and, where applicable, by the Federal Arbitration Act.

16. Notices and Electronic Communications

We may provide notices to you by posting them on the Website or by emailing the address you have provided. You consent to receive communications from us electronically, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. Notices to NobleAI must be sent to legal@noble.ai or to Noble Artificial Intelligence, Inc., Attn: Legal Department, 1450 Montgomery St., Ste 100, San Francisco, CA 94111.

17. General

Entire Agreement. These Terms, together with the Privacy Policy and any other terms referenced here, are the entire agreement between you and NobleAI regarding the Website and supersede any prior agreements on that subject.

Severability. If any provision of these Terms (other than as addressed in Section 14.6) is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

Force Majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control.

Headings. Section headings are for convenience only and do not affect interpretation.

18. Contact Us

Questions about these Terms may be directed to:

Noble Artificial Intelligence, Inc.

Attn: Legal Department

1450 Montgomery St., Ste 100

San Francisco, CA 94111

Email: legal@noble.ai

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